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HomeMy WebLinkAboutRES 101425-5.G - ETJ Disannexation - Chaney Properties, LLC, 555 Eastview Dr, 8.527 acres, R042147RESOLUTION NO. l0 AI Z5' Jr. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 8.527 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND IDENTIFIED BY THE WILLIAMSON COUNTY APPRAISAL DISTRICT AS PARCEL R042147 AND BEING LOCALLY KNOWN AS 555 EASTVIEW DRIVE, GEORGETOWN, WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 3, 2025, the City of Georgetown, Texas, received a petition requesting release from its ETJ of an approximately 8.527 acre tract of land in the Woodruff Stubblefield Survey (the "Petition"), a true and correct copy of such Petition being attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, pursuant to Subchapter D of Chapter 42 of Local Government Code, landowners or residents may submit a petition seeking release of an area of land from the City's ETJ; and WHEREAS, the City Secretary has reviewed the Petition and confirmed that it meets the requirements of Subchapter D of Chapter 42 of the Local Government Code and the petition requirements of Chapter 277 of the Election Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1. The City Council of the City of Georgetown, Texas ("City Council"), does hereby find that the forgoing recitals are true and correct and adopts the recitals by this reference for all purposes. SECTION 2. To the extent required by state law, the City Council does hereby adjust the boundaries and limits of the ETJ of the City of Georgetown, Texas, such that the ETJ of the City of Georgetown, Texas, shall be and is hereby adjusted to release and remove the Area subject to the Petition, as such Area is more particularly described and depicted in Exhibit B attached hereto and incorporated herein by reference, from the ETJ of the City of Georgetown, Texas. SECTION 3. The City Council is not consenting to this reduction of its ETJ except as required by state law. SECTION 4. This Resolution shall take effect immediately upon its passage. '/ Page I1 Resolution No. IO Z'7r' Release of Petition Area — Chaney Pro erties LLC PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the 14tl-v layof _ CX,-6n Ljn X , 2025. CITY OF GEO,RGETOWN, TEXAS , Mayor ATTEST: By: Robyn Dens ore, City Secretary APPROVED AS TO FORM: By:7 — Skye Masson�Ci Attorney �q ,L Page � 2 Resolution No. I V I "T ZS 5 Release of Petition Area — Chaney Pro erties LLC Exhibit A Petition Resolution No. / 01 Release of Petition Area City of Georgetown, Please see this Petition for Release from the Extraterritorial Jurisdiction Pursuant to Chapter 42.101, Subchapter D, Texas Local Government Code: Included Documents: 1. Petition of Release from Extraterritorial Jurisdiction Area by Landowner Pursuant to Chapter 42.101 Subchapter D, Texas Local Government Code. Signed, Dated and includes DOB. 2. General Warranty Deed 3. Written Action of Members Chaney Properties, LLC 4. Property Surveyed Metes and Bounds S. City of Georgetown Planning Map showing Property location in ETJ Thank you, X Date: 7Iapj� Chaney Properties, LLC AU 11 5 2025 sEC. STATE OF TEXAS COUNTY OF WILLIAMSON § PETITION FOR RELEASE FROM EXTRATERRITORIAL JURISDICTION AREA BY LANDOWNER PURSUANT TO CHAPTER 42.101 SUBCHAPTER D, TEXAS LOCAL GOVERNMENT CODE The undersigned CHANEY PROPERTIES, LLC (hereinafter, the "Petitioner") hereby petitions the City of Georgetown, Williamson County, Texas (hereinafter, the "Municipality"), to remove the below -described property from the extraterritorial jurisdiction (the "BTJ') boundaries of the Municipality as allowed by Texas Local Government Code §42.101, Subchapter D (the "Statute"). The property is commonly known as 555 Eastview Dr., Georgetown, Williamson County, Texas (the "Property"), and is more particularly described in the General Warranty Deed. A true and correct copy of the General Warranty Deed (the "Deed") is attached hereto as Exhibit A and is incorporated herein by reference for all purposes. I. THE STATUTE APPLIES TO THE PETITIONER'S PROPERTY The Property is not located: (1) within five miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020; and (B) that has a population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction of a municipality with a population of more than 1.4 million, that is: (A) within 15 miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; and (B) in a county with a population of more than two million; (4) in an area designated as an industrial district under Section 42.004; or (5) in an area subject to a strategic partnership agreement entered into under Section 43.0751. II. PETITION REQUIREMENTS The petition requesting release under the Statute must be signed by more than 50 percent of the registered voters of the area described by the petition as of the date of the preceding uniform election date or a majority in value of the holders of title of land in the area described by the petition, as indicated by the tax rolls of the applicable central appraisal district, must satisfy the signature requirements under S.B. 2038, and must include a map of the land to be released and describe the boundaries of the land by metes and bounds or lot and block number, if there is a recorded map or plat. A true and correct copy of the Resolution Adopted by Unanimous Written Consent of Managers of CHANEY PROPERTIES, LLC is attached hereto as Exhibit B and a Map of the area is attached hereto as Exhibit C and are incorporated herein by reference for all purposes. Petitioner has satisfied the requirements. Petitioner requests that the Municipality shall immediately release the area from the Municipality's extraterritorial jurisdiction. III. MUNICIPALITY'S ACTIONS ONCE PETITION IS FILED The municipal secretary or other person responsible for verifying signatures shall verify the petition and notify the residents and landowners of the area, described within the petition, of the results of the petition. If a resident or landowner obtains the number of signatures on the petition as required under Texas Local Govt. Code Section 42.104, the municipality shall immediately release the area from the municipality's extraterritorial jurisdiction. IV. MUNICIPALITY'S FAILURE TO TAKE ACTION If the Municipality fails to take action to release the Property by the later of the 45'th day after the date the Municipality received the petition or the next meeting of the Municipality's governing body that occurs after the 30th day after the date the Municipality received the petition, the Property is released by operation of law. RFl Do R Respectfully submitted, CHANEY PROPERTIES, LLC DOB: 555 Eastview Dr. Georgetown, TX 78626 PETITIONER EXHIBIT I1 ELECTRONICALLY RECORDED 2025060860 Williamson County, Texas Total Pages: 5 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER GENERAL WARRANTY DEED Date: Effective August 1, 2025 Grantor: VIRGINIA E. LIVESAY Grantor's Mailing Address: 31 a 6 w i l l a S Vt 41a l -� l u Grantee: CHANEY PROPERTIES, LLC Geo t9 94 a 4 Grantee's Mailing Address: —I 1 O`I JV. C ,�a (3r-avn�c l S Ay C Consideration: S e'r' Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property (including any improvements): Being 8.527 acres of land, more or less, in the WOODRUFF STUBBLEFIELD SURVEY, ABSTRACT NO. 556, situated in Williamson County, Texas, being all of a called 8.53 Acre tract conveyed from Rickey W. Wallace, et al to Virginia E. Livesay by deed dated April 28, 2000 recorded in Document No. 2000029618, of the Official Public Records of Williamson County, Texas and as more particularly described by metes and bounds in Exhibit "A" attached hereto. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Liens described as part of the Consideration and any other liens described in this deed as being either assumed or subject to which title is taken; validly existing easements, rights -of -way, and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any 2025060860 Page 2 of 5 discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; and taxes for 2025, which Grantee assumes and agrees to pay. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. VIYGINIA E. L SAY C STATE OF TEXAS COUNTY OF �, , 5mn This instrument was acknowledged before me on AU.4 U54 1 _, 2025, by Virginia E_ Livesay. J (Notary Seal) �•:�::'r for E PEARSON My Notary ID # 4251188 0 S 6NI ''%:; ; E*ffn Septembu 26.2026 4zynulkission blic, State of Texas expires: AFTER RECORDING RETURN TO: CORRIDOR TITLE, LLC 200 W. 6Tx ST., SUITE 300 GEORGETOWN, TEXAS 78626 GF NO.25-0739-G -2- 2025060860 Page 3 of 5 4� SURVEYING In Re: 8.527 Acres All of a called 8.5291 Acre Tract Woodruff Stubblefield Survey Abstract No. 556 Williamson County, Texas All that certain tract or parcel of land situated in Williamson County, Texas, being a part of the John Holliday Survey, Abstract No. 147, being part of the Woodruff Stubblefield Survey, Abstract No. 556, being all of a called 8.5291 Acre tract conveyed from Rickey W. Wallace, et al to Virginia E. Livesay by deed dated April 28, 2000 recorded in Document No. 2000029618 of the Official Records of Williamson County, Texas and being more particularly described by metes and bounds as follows to wit: BEGINNING at a found 5/8" iron rod on the west Right -of -Way line of Eastview Drive (50' Wide Right -of -Way), at the northeast comer of Lot 1 of the Morgan Subdivision recorded in Document No. 2008037301, for the southeast comer of this tract; THENCE S 68043'56" W - 461.62' along the north lines of the said Lot 1 and Lot 2 of the said Morgan Subdivision to a found %Z" iron rod at the northwest comer of the said Lot 2, at the most northerly northeast comer of Lot 3 of the said Morgan Subdivision, for an exterior ell comer of this tract; THENCE S 68044'31" W-156.37' along the north line of the said Lot 3 to a found 5/8" iron rod on the east line of a called 23.845 Acre tract conveyed to Ruth Ann Bloom, et al in Document No. 1998033377, at the northwest comer of the said Lot 3, for the southwest corner of this tract; THENCE N 32`13'32" W - 267.65' along the said east line of the said 23.845 Acre tract to a found 5/8" iron pipe at the north comer of the said 23.845 Acre tract, at an exterior ell comer of a called 20.47 Acre tract conveyed to Requiem Aetemam Corporation in Document No. 2003081658, for an exterior ell comer of this tract; THENCE N 19040'50" W - 305.65' along the east line of the said 20.47 Acre tract to a found 5/8" iron pipe at the northeast comer of the said 20.47 Acre tract, at the southeast comer of a called 3.00 Acre tract conveyed to Richard J. Toman, et ux in Volume 833, Page 566, at the most easterly southwest corner of a called 16.68 Acre tract conveyed to Richard J. Toman, et ux in Volume 833, Page 561, for the northwest comer of this tract; Triad Surveying, Inc. Firm Registration No. 10007900 P.O. Box 1489 Rockdale, Texas 76567 (512) 446-3457 Project No. S25-176 2025060860 Page 4 of 5 THENCE N 68050'58" E - 659.38' along the south line of the said 16.68 Acre tract to a found %" iron rod on the said west Right -of -Way line of Eastview Drive, at the southeast comer of the said 16.68 Acre tract, for the northeast comer of this tract; THENCE S 21022'16" E - 566.98' along the said west Right -of -Way line of Eastview Drive to the POINT OF BEGLNNING containing within these metes and bounds 8.527 Acres of land. Bearings are based on the Texas State Plane Coordinate System of 1983, Texas Central Zone. I, Bradley L. Lipscomb, Registered Professional Land Surveyor No. 5952 in the State of Texas, do hereby certify that this survey was performed on the ground under my supervision and that the field notes hereon are true and correct to the best of my knowledge. Given under my hand and seal this 241 day of June 2025. Bradley L. Lipscomb, RPLS RADLE'r L. LIP5COM Triad Surveying, Inc. Firm Registration No. 10007900 P.O. Box 1489 Rockdale, Texas 76567 (512) 446-3457 Project No. S25-176 2025080860 Page 5 of 5 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2025060860 Pages: 5 Fee: $37.00 08/05/2025 09:22 AM OSALINAS �Mxti% c Nancy E. Rister, County Clerk Williamson County,Texas EXHIBIT W Resolution Adopted by Unanimous Written Consent of Member of CHANEY PROPERTIES, LLC NIc11l & Cbeing the manager of CHANEY PROPERTIES, LLC (hereinafter referred to as the "Company") as presently constituted, a for -profit limited liability company organized under the Texas Business Organizations Code, does by this writing consent to take the following actions, and adopts the following resolution: WHEREAS, the manager has determined it to be in the best interest of the Company and that the Company is hereby authorized to petition for Company property to be released from extraterritorial jurisdiction area. Therefore, be it, RESOLVED: that the Company is authorized to execute any and all instruments necessary, proper or desirable for this purpose and that the authority to complete these transactions shall be as contained in said resolution with the named manager therein authorized to so act on behalf of the Company as specified hereto. FURTHER RESOLVED: that the following -named individual is hereby a named manager of the Company: MANAGER: M,>✓h ni e_ C l�c� A _Q� FURTHER ASSURANCES FURTHER RESOLVED: that the manager of the Company is authorized to do or cause to be done any and all such acts and things and execute and deliver any and all documents and papers as they may deem necessary or appropriate to carry out the purposes of the foregoing resolutions. We direct that this consent be filed with the minutes of the proceedings of the manager of the Company. This consent is executed pursuant to Section 6.201 of the Texas Business Organizations Code and the Company Agreement which authorizes the taking of action by the manager by unanimous written consent without meeting. [Signature Page to Follow] MANAGER: EXHIBIT C ^Ai �o m NO A M• m `mom ug �rs�-xc>wma°mac x oao o d m am ° �'a1�;i�N "� m ► z zm z-F 0 s=z M. n i i N U1 z O H VJ R p�]to cn p UPC) w O) N r�D o ml[ pD N N m o �r r o . m� n > moNN S m mm c) z o N N 0. L J N O Z £ is 0 0 9 •9`�.t �O M�\j1`J`� m 30\M py1 III o m 0e 0 9 B zN IYMJ' m m N D c o z 9zF �v�z9mmomm D ONm mo -OE� -p23' 1 mVl C C '1; Ca;C>� O Z Z m Z Z ~A f A S 0. v��i 1-jy °p°oaom ZO's" o Am``z'9g"$gd s y i< i z m �z m z 5s Co i a g 0 1n >o CA m mo> �z o�m�z a� '" J o `� .N, q '-" g o m Z�m D 2 0 p•.f^ p -21M.DO2 t o gW° N i r=o om�z u'g'N o m gFAo �'z°aoo c O � =F ym22 O Z °m ��N°mZ 22u m m pHcnm z R o zac� o C) o o a 0yti:a x a o\O c^7(] m zoo �N cn t z z 10 w n y�C7 �i z w < cn c o an N P ; z C In Re: 8.527 Acres All of a called 8.5291 Acre Tract Woodruff Stubblefield Survey Abstract No. 556 Williamson County, Texas All that certain tract or parcel of land situated in Williamson County, Texas, being a part of the John Holliday Survey, Abstract No. 147, being part of the Woodruff Stubblefield Survey, Abstract No. 556, being all of a called 8.5291 Acre tract conveyed from Rickey W. Wallace, et al to Virginia E. Livesay by deed dated April 28, 2000 recorded in Document No. 2000029618 of the Official Records of Williamson County, Texas and being more particularly described by metes and bounds as follows to wit: BEGINNING at a found 5/8" iron rod on the west Right -of -Way line of Eastview Drive (50' Wide Right -of -Way), at the northeast corner of Lot 1 of the Morgan Subdivision recorded in Document No. 2008037301, for the southeast corner of this tract; THENCE S 68043'56" W - 461.62' along the north lines of the said Lot 1 and Lot 2 of the said Morgan Subdivision to a found'/z" iron rod at the northwest corner of the said Lot 2, at the most northerly northeast corner of Lot 3 of the said Morgan Subdivision, for an exterior ell corner of this tract; THENCE S 68044'31" W - 156.37' along the north line of the said Lot 3 to a found 5/8" iron rod on the east line of a called 23.845 Acre tract conveyed to Ruth Ann Bloom, et al in Document No. 1998033377, at the northwest corner of the said Lot 3, for the southwest corner of this tract; THENCE N 32013'32" W - 267.65' along the said east line of the said 23.845 Acre tract to a found 5/8" iron pipe at the north corner of the said 23.845 Acre tract, at an exterior ell corner of a called 20.47 Acre tract conveyed to Requiem Aeternam Corporation in Document No. 2003081658, for an exterior ell corner of this tract; THENCE N 19"40'50" W - 305.65' along the east line of the said 20.47 Acre tract to a found 5/8" iron pipe at the northeast corner of the said 20.47 Acre tract, at the southeast corner of a called 3.00 Acre tract conveyed to Richard J. Toman, et ux in Volume 833, Page 566, at the most easterly southwest corner of a called 16.68 Acre tract conveyed to Richard J. Toman, et ux in Volume 833, Page 561, for the northwest corner of this tract; Triad Surveying, Inc. Firm Registration No. 10007900 P.O. Box 1489 Rockdale, Texas 76567 (512) 446-3457 Project No. S25-176 THENCE N 68050'58" E - 659.38' along the south line of the said 16.68 Acre tract to a found 1/z" iron rod on the said west Right -of -Way line of Eastview Drive, at the southeast corner of the said 16.68 Acre tract, for the northeast corner of this tract; THENCE S 21 °22' 16" E - 566.98' along the said west Right -of -Way line of Eastview Drive to the POINT OF BEGINNING containing within these metes and bounds 8.527 Acres of land. Bearings are based on the Texas State Plane Coordinate System of 1983, Texas Central Zone. I, Bradley L. Lipscomb, Registered Professional Land Surveyor No. 5952 in the State of Texas, do hereby certify that this survey was performed on the ground under my supervision and that the field notes hereon are true and correct to the best of my knowledge. Given under my hand and seal this 24th day of June 2025. Bradley L. Lipscomb, RPLS Triad Surveying, Inc. Firm Registration No. 10007900 P.O. Box 1489 Rockdale, Texas 76567 (512) 446-3457 Project No. S25-176 CITY OF GEORGETOWN JURISDICTIONAL MAP r 555 Eastview Dr, ` Y Georgetown, TX 78626 �A• Forcr[a: FM42147 P.042147 Nu 0"."w UVESAY,'ORUN E & CAP<c JUNEK s r�A 5,55 EASTIAPW OR, r1co RG ETOWN, TX. A"tf eIe;l AW0556-SmbbcAf6 W Sur. i.m CAD,GWI. RM.SGUO ,.mcn: :f402'378U4 :n No - 3-0337 GEORGETOWN T E X A S Georgetown City Limits ETJ Agreement Lines 1 City of Hutto - 2007 1 City of Jarrell - 2009 1 City of Liberty Hill - 2008 1 City of Weir -1986 City of Round Rock 2005 Extra -Territorial Jurisdiction FLORENCE H UTTO JARRELL LEAN DER LIBERTY HILL ROUND ROCK WEIR GEORGETOWN Incorporated City FLORENCE H UTTO JARRELL LEANDER LIBERTY HILL ROUND ROCK WEIR Road —� Railroad I aka r;anrnatnkan - Petitioned for ETJ Removal 1\ ceoac,erowN CHANEY PROPERTIES LLC 765 6' ® Property Georgetown ETJ City limits EO 300 600 US Feet