HomeMy WebLinkAboutRES 012726-5.D - ETJ Disannexation - English Trust, 1326 Cross Creek Rd, 10.01 acres, R560329RESOLUTION NO. d)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING
APPROXIMATELY 10.01 ACRES OF LAND FROM THE CITY OF
GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"),
SAID LAND IDENTIFIED BY THE WILLIAMSON COUNTY APPRAISAL
DISTRICT AS PARCEL R560329 AND BEING LOCALLY KNOWN AS
1326 CROSS CREEK ROAD, GEORGETOWN, WILLIAMSON COUNTY,
TEXAS, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 29, 2025, the City of Georgetown, Texas, received a petition requesting
release from its ETJ of an approximately 10.01 acre tract of land in the A.H. Porter 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.
Resolution No. d ( z-72-(1 62:) Page 11
Release of Petition Area — A & S English Living Trust
PASSED AND APPROVED by the City Council of the City of Georgetown,
A ay of ����
CI1
By:
Jos]
ATTEST:
By:
Robyn Dens 6re, City Secretary
APPROVED AS TO FORM:
By:
Skye Mas on, CityZttom�ey
Texas, on the
Page 12
Resolution No. 0127 21,o
Release of Petition Area — A & S English Living Trust
Exhibit A to Resolution
Petition
Resolution No.
Release of Petition Area
The
J
L A W 1; 1 11 M PC
December 18, 2025
Fed Ex Delivery and Email
City of Georgetown, City Secretary
Attn: Robwi Densmore,
808 Markin Luther King, Jr. Street
Georgetown, Texas 78626
Re: Petition for Release from Extraterritorial Jurisdiction
Property: 1326 Cross Creek Road, Georgetown;, Texas 78628
WOAD PTD: R560329 (10.01 acres)
Dear City Secretary:
(-,hi behalf of our clients, Adam G. English and Sharon P. English, "Trustees of the A & S Engtish living
Trust dated May 1, 2019, 1 hereby submit the enclosed Petition for Release from the Extraterritorial
Jurisdiction of the City of Georgetown Pursuant to 'Texas Local Government Code §42. t02.
The petitioned property consists of approximately 10.01 acres, identified by the Williamson Central
Appraisal District as PID No. R560329, and is Currently located within the. City of Georgetown's
extraterritorial jurisdiction as reflected on the City's official ETJiCity .Limits GIS mapping system. The
enclosed Petition includes all materials required under Texas Local Government Code §§ 42.101-A2.105,
including the recorded deed, survey and metes -and -bounds description, appraisal district parcel neap, and
sworn owner affidavits.
Request fo"A fix{a Placement. Pursuant to Texas Local Government Code §42.105,1 respectfully request
tltat. this Petition be verified by staff' and placed one the agenda of the, next available rneeting of the
Georgetown City Council for consideration of a resolution releasing the Property frond the City's
extraterritorial jurisdiction, consistent with the City's prior action .in similar ETJ release matters.
Please confirm receipt of this Petition and advise as to the anticipated agenda date, for City Council
consideration. Should you or City staff have any questions or require additional documentation, do not
hesitate to contact our office.
:37,24 JEFFERSON ST, SUIiE 3 I c:?
AUSTIN, TEXAS 7873 1 -6203
t=HONE 512-301 -G)r 92
`NWW , 71gEJ0I\JE SL.AVV 1RM. COY
Thank you for your attention to this matter.
Sincerely,
THE JONES LAW FIRM, P.C.
Direct, (512) .651-54.01
cc: City Attorney, City of Georgetown
Planning Director, City of Georgetown
PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF GEORGETOWN, TEXAS
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS:
I. PARTIES
Adam G. English and Sharon P. English, Trustees of the A & S English Living Trust dated May 1, 2019
(collectively, the "Owners"), file this Petition pursuant to "Texas Local Government Code § 42.102 for
release of the following described property from the extraterritorial jurisdiction ("ETJ") of the City of
Georgetown, Texas.
II. PROPERTY
Owners are the fee simple owners of that certain 10.01-acre tract of land located at 1326 Cross Creek Road,
Georgetown, Texas 78628, in Williamson County, Texas, identified by the Williamson Central Appraisal
District as PID No. R560329, and currently located within the extraterritorial jurisdiction ("ETJ") of the
City of Georgetown, Texas (the ".Property"). The Property is more particularly described in the deed and
Certificate of Trust attached hereto as Exhibit A, metes and bounds description attached hereto as Exhibit
B, and depicted on the Williamson Central Appraisal District parcel map attached as Exhibit C.
For purposes of City review, the Property is shown on the City of Georgetown's official ETJ/City Limits
GIS Map (Esri platform) as lying outside the corporate limits and within the City's extraterritorial
jurisdiction along Cross Creek Road and Lightning Ranch Road as reflected on the City's GIS map used by
Planning and City Secretary staff, a copy of which is attached hereto as Exhibit D.
III. STATUTORY AUTI-IORITY
This Petition is filed pursuant to Texas Local Government Code §§ 42.101-42.105 which authorizes
landowners meeting the statutory requirements to petition for unilateral release of property from a
municipality's extraterritorial jurisdiction.
1V. APPLICABILITY REQUIREMENTS
As demonstrated by the sworn affidavits of the Owners attached hereto as Exhibit E, the Property meets
all applicability requirements of Texas Local Government Code § 42.101 and is not:
- Within five (5) miles of the boundary of a military base at which an active training program is
conducted;
- Located in an area that was voluntarily annexed into the ETJ and situated in a county with a
population greater than 240,000 in which population increased by more than 50% between the 2010
and 2020 federal censuses;
- Located in the portion of the ETJ of a municipality with a population greater than 1.4 million that
is within fifteen (15) miles of a military base in a county with a population greater than two million;
- Located in an industrial district designated under "Texas Local Government Code § 42.044; or
- Subject to a strategic partnership agreement under Texas Local Government Code § 43.0751.
V. PETITION REQUIRF,MENTS
This Petition satisfies Texas Local Government Code § 42.104 in that:
- Owners collectively own more than fifty percent (50%) of the appraised value of the Property
according to the Williamson Central Appraisal District;
- The Petition is signed, in writing, by one hundred percent (100%) of the owners in value of the
Property satisfying the requirements of Texas Local Government Code §§ 42.104(a)(2), 42.104(b)-
(c);
- The Petition includes the deed, metes -and -bounds description, and a map of the Property as
required by Texas Local Government Code § 42.104(d); and
- The signatures are valid under Texas Election Code § 277.002 as required by Texas Local
Government Code § 42.103.
VI. REQUEST FOR RELEASE
Pursuant to Texas Local Government Code § 42.105(c), because Owners have obtained the requisite
signatures, the City of Georgetown must immediately release the Property from its extraterritorial
jurisdiction. If the City fails to act by the later of (i) the 45th day after receipt of this Petition or (ii) the next
meeting of the governing body occurring after the 30th day following receipt, the Property shall be released
by operation of law.
VII. PRAYER
WHEREFORE, PREMISES CONSIDERED, Owners respectfully request that the City of Georgetown
verify this Petition and release the Property from its extraterritorial jurisdiction in accordance with Chapter
42 of the Texas Local Government Code.
Respectful
A & S English LiVfWp-- Trust dated May 1, 2019
Date of Birth:
Residence: 1326 Cross Creek Road
Georgetown, Texas 78628
Date: el ' I Q , Z,v4,5—
State of TAxd9
County of �e�I'�l'a►"�S,�r
This ins ument as acknowledged before
rne on II zo z-1— by
Nu:rr I �N�116'J Jig19N�lld �'
Sharon P. English, Trustee
A & S English Living Trust dated May 1, 2019
Date of Birth:
Residence: ross Fee c oad
Georgetown, Texas 78628
Date: Q l Zv2S�
CESARIGARRA
zNotary
Public, St ate of Texas
1,1, rj' T
Comm. Expires 12-31-2028
••;, �',,;.��`'�
Not ary ID 135215489
A
_
AFFIDAVIT OF ADAM G. ENGLISH
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared Adam G. English, who, being by
me duly sworn, stated under oath as follows:
1. My name is Adam G. English. I am over eighteen (18) years of age and am legally competent to
make this affidavit, which is true and correct, and is made voluntarily and not under duress
2. In my capacity as Trustee of the A & S English Living Trust dated May 1, 2019,1 am an owner of
the Property described in the attached Petition for Release from the Extraterritorial Jurisdiction of
the City of Georgetown, Texas.
3. The statements contained in the Petition are true and correct.
4. The Property meets all applicability requirements of Texas Local Government Code § 42.101 and
is not located in any area described in Texas Local Government Code §§ 42.101(1)—(5).
Further affiant sayeth not.
19
SUBSCRIBED AND SWORN TO before me on this (q day of Dw- . 2025--, by Adam G. English,
Trustee of the A & S English Living Trust dated May 1, 2019.
Notary Public, State of Texas
CESAH IP„ARRA
,Notary
Public, State of Texa�;''
F,.
Comm. Expires 12-31-2028.
••'�'���.�.`
Notary ID 135215489
AFFIDAVIT OF SHARON P. ENGLISH
STATE OF TEXAS
COUNTY OF WILLIAMSON
BEFORE ME, the undersigned authority, on this day personally appeared Sharon P. English, who, being by
me duly sworn, stated under oath as follows:
1. My name is Sharon P. English. I am over eighteen (18) years of age and am legally competent
to make this affidavit, which is true and correct, and is made voluntarily and not under duress.
In my capacity as Trustee of the A & S English Living Trust dated May 1, 2019, I am an owner
of the Property described in the attached Petition for Release from the Extraterritorial
Jurisdiction of the City of Georgetown, Texas.
3. The statements contained in the Petition are true and correct.
The Property meets all applicability requirements of Texas Local Government Code § 42.101
and is not located in any area described in "Texas Local Government Code §§ 42.101(1){5).
Further affiant sayeth not.
amn P. LFnallish, Trustee
A & S English Living Trust dated May 1, 2019
SUBSCRIBED AND SWORN TO before me on this ( q day of 202 Ei by Sharon P. English,
Trustee of the A & S English Living Trust dated May 1, 2019.
[-22
SARIBARRA
Notary Public, State of texas
Comm. Expires 12-31-2028
Notary ID 135215489,a
Notary Public, State of Texas
EXHIBIT A
CERTIFICATION OF TRUST
FOR
THE A & S ENGLISH LIVING TRUST DATED MAY 1, 2019
Pursuant to Texas Property Code Section 114.086, this Certification of Trust is signed by
all the currently acting Trustees of.the A & S ENGLISH LIVING TRUST, dated May 1,
2019, who declare:
I. The Settlors are ADAM G. ENGLISH and SHARON P. ENGLISH. The trust is
revocable by the Settlors.
2. The Trustees of the trust are ADAM G. ENGLISH and SHARON P. ENGLISH.
3. The tax identification number of the trust is the Social Security number of either
Settior.
Title to assets held in the trust are to be titled as:
ADAM G. ENGLISH and SHARON P. ENGLISH, Trustees, or their
successors in trust, under the A & S ENGLISH LIVING TRUST,
dated May 1, 2019, and any amendments thereto.
5. An alternative description will be effective to title assets in the name of the trust
or to designate the trust as a beneficiary if the description includes the nante of at
least one initial or successor Trustee, any reference indicating that property is
being held in a fiduciary capacity, and the date of the trust.
b. Excerpts from the trust document that establish the trust, designate the Trustee,
and set forth the powers of the Trustee will be provided upon request. The powers
of the Trustees include the power to acquire, sell, assign, convey, pledge,
encumber, lease, borrow, manage, and deal with real and personal property
interests.
7. The First Successor Trustees of the trust is BRE'IT R. PLANK. The Second
Successor Trustees of the trust is the EDWARD .ZONES TRUST COMPANY,
8. A third party may rely uponthis Certification of Trust as evidence of the existence
of the trust and is specifically relieved of any obligation to inquire into the terms
of this trust or the authority of my Trustee, or to see to the application that my
Trustee makes of funds or other property received by my Trustee.
9. The trust has not been revoked, modified, or amended in any way that would
cause the representations iu this .Certification of Trust to be incorrect.
Certification of Trust for the A & S English Living Trust
Pace I
DATED: May 1, 2019.
AM . ENGLISH, Trustee
A RON P. ENGLISH, TTru--stee-
STATE- OF TEXAS
COUNTY OF TRAVIS
This instrument was acknowledged before me on May 1, 2019 by ADAM G. EMYLISH
and SHARON P. ENGLISH, as Trustees of the A & S ENGLISH LIVING TRUST.
X�� /-�, xy��
Notary Pu lic. State of Texas
TANYAX, STREIT
r°P Notary Public, State of Texas
R Comm. Expires 01-12.2021
�'��;°;,;:•` Natary ID 128789640
46
Certification of Trust for the A & S .English Living Trust
Page 2
ELECTRONICALLY RECORDED 2019051572
Williamson County, Texas Total Pages: 10
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATUIkAL
PERSON, YOU MAY REMOVE OR STRIDE ANY OR AL OFJHP,�
FOLLOWING INFORMATION FROM ANY INSTRUMI- %TT ' �
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE I ICED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL,. ITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER,
CASH WARRANTY DEED �.
Date. June4-1
2019
Grantor: CHCADO, LLC, a Texas limited liabioty
Grantee: ADAM G. ENGLISH and SHAROI . ENO ISH, as Trustees of the A&S
ENGLISH LIVING fRUSlAued`Iv a",20'19
Grantee's Mailing Address:
2308 Farrington Court \%
Cedar Park, Texas 78628
Consideration: TEN AND Q/J LLARS and other good and valuable consideration.
Property (including any i* r e n�,yj�
-J�
Tract I: �\
All that certain I .b l ac \Erect of land out of the A. H. PORTER SURVEY, ABSTRACT
NO. 490��Villi son unty, Texas and being more particularly described by metes and
bounds i ]Writ, hed hereto.
Tract <
i ein Access eg a strip of land sixty (60) feet in width situated in the A. H. PORTER
SURY-FAY, AWTRACT NO.490 in Williamson County, Texas, and being more particularly
de - tis6tes and bounds in Exhibit "B" attached hereto.
\tio rom and Exceptions to Conveyance and Warranty:.
The Property is conveyed subject to the Declaration of Covenants, Conditions, and
ions attached hereto in Exhibit "C" and they are hereby imposed on the Property.
Easements, rights -of -way, and prescriptive rights, whether of record or not; all presently
2019051572 Page 2 of 10
recorded instruments, other than liens and conveyances, that affect the property; taxes for the current
year, the payment of which Grantee assumes.
Grantor, for the consider-atio►;, , cceipt of which is acknowledged, and subjeet-.to the
reservations from and exceptions to conveyance and warranty, grants, sells and conveys 60mritee
the property, together with all and singular the rights and appurtenances thereto in any *isi�
belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators,,5 ccessors or
assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administratorsr4successors
to warrant and forever defend all and singular the property to Grantee and Grantee's hei?s'txecutors,
administrators, successors and assigns against every person whomsoever law.'Ay� ' ng or to
claim [lie same or any part thereof, except as to the reservations from and exce ti' id conveyance
and warranty.
When the context requires, singular nouns and pronouns incluf e tCplur##:
CHCADO, LLC, a TeW.4mi'liability company
By Its Member apd lv� alter
KNOX SUL (_ ►T'i,.11
�vV tC
BY: a _JvI AE CHAD SULLIVAN, President
ACk-14 WL.ED�MENT
STATE OF TEXAS
COUNTY OF WILLIAMSON � §
This instrument was, aek 6w�1'e'dg6d before me o , 2019 by
MICIIAEL CHAD SUI.,LI AN, 'e ides t of KNOX SUL AN, LLC, Member and Manager of
CHCADO, LLC, on behalf of""d aori"Oany.
, " ` %` ':
80NME JEAN HAMMONS
Notary,Powle statp. Of Texas
f1/29/2019
10371,06-4
PREPARgo! IN E OFFICE OF:
David Darh6ll
3613�Wijliarts- ve, Suite 204
Geor6town. Texas 78628
RETURN TO:
"Londrrr Title Co., Inc.
\3613,WiIIiains Drive, Suite 204
�#e6rgetown, Texas 79628
-low ark
1� I
,.r-Notary Public, Sfate of Texas
C A 1 1 I V l I /\ 2019051572 Page 3 of 10
EXHIBIT F� TSB P�MAPPING CO.
Firm # 10002000
1002 Ash St.
Georgetown, Tx. 78626
DESCRIPTION FOR CHCADO LLC - ADAM GRADY ENGLISH AND SHARON PLANK ENGLISH
BEING 10.01 acres of the A.H. Porter Survey, Abstract No. 490, in Williamson County, Texas; �hdvt ding
part of the property called 60.06 ac. as described in a deed to CHCADO LLC, from D.D. Boliek, et. ux., kf ' rd
in Doc. 2017066948, of the Official Public Records of Williamson County, Texas (OPRWCT). This tract wak,\
surveyed on the ground in July of 2018 under the direction of William F. Forest, Jr., Registered Profe i �l,t.an�1-
Surveyor No.1847. This property includes portions of two roadways of long-term duration known as rose C*t;k
Road and Lightning Ranch Road. Survey note. The bearing basis for this survey is the State Plane' EC o;divate
System, Texas Central Zone, Western Data VRS Network.
BEGINNING at an iron pin that was found at the Northwest corner of the said tra t acres in
the said deed to CHCADO LLC. This corner exists at the Southwest comer of the pro rtxthbvas'gtf 11.91
ac. as described in a deed to Wade R. Baze, et. ux., of record in Doc. 2019007698. This tnF?'is in the East
ry boundaof the property conveyed to the Gaida Family L.P. (529.833 ac. Doc. 2009" ). \
THENCE with the North boundary of the said 60.06 acre tract of CHc-Ob L tw- ossiug the 6o foot
wide casement for Cross Creek Road (longterm Community Use Roadway), in Doc. 9728208, join
and follow the centerline of the 60' wide section of easement for Lightning Raftt4,R0id,(1'oagterm Community
Use Roadway), N 6r46136" E passing the Southeast corner of Baze and tthe South corner of the 10.29 acre
tract that was conveyed to Rob Skelton (Doc. 2018034368); and passinie`cptreZno�3outh corner of Skelton and
James G. McLendon (10.29 ac. Doc. 2018050376); continuing in all 'feet to se icon pin that was found at the
Northwest corner of the property that was conveyed to Keith D. Sha et. 0.01 ac. Doc. 20180621M). From
this comer the Southwest corner of Brian Lemons (Doc. 2019040793 ds 46'36" E 19.07 feet.
THENCE with the West boundary of the said 10.01 es of' h D. Sharp, S 21°13'24"E 355.54 feet to a
capped'/2 inch iron pin that was set (capped Surveyor No.18
THENCE with the North line of the prq�y that' a conveyed to Lynde McCammon, Tnistee ( Doc.
201889363), S 6r46'36" W 1195.57 feet to a cap d a inch iron p that was found (capped Surveyor No.1847), in
the asphalt surface of Cross Creek Road. \
THENCE with the West bou
described in a deed to RAS level 2 H4
wide easement for Cross Creek Road,
(L12) N 29*11159" W 30.18 feet; and (L
asphalt (capped Surveyor No.1947),
v�
THENCE departing the
in the West boundary of the 60. 0
(L10) S 68"4931" 19147.39 an U(
L.P. (529.833 ac. Doc.AW ), at
the said 604,W-acre tract and the East boundary of the property
�P (158.017 ac. Doc. 2014099265), and along the center of the 60 foot
41/z inch iron pins (capped Surveyor No.1847), as follows;
;T3X'V 116.75 feet to a capped'/z inch iron pin that was found in
.*t'Wof the 60 foot wide easement for Cross Creek Road with an offset
K,t end the North line of the 158.017 acres of RAS Level 2 Holdings, LP;
fWthat was found at the Southeast corner of the property of Gaida Family
offset corner in the West boundary of the said 60.06 acres.
THENCE✓ with-ific.coanmon boundary of the 60.06 acres and the property of the Gaida Family L.P., N 210
28133" W 208.98 t,W,1hc.PO1N'f OF BEGINNING.
1, WM. F. _ , JR�, do hereby certify that this survey was made on the ground of the property
legally descr under my supervision. This description is correct to the best of my
knowledge d be The attached plat identifies any significant boundary line conflicts, shortages in
area, appa t;pro�isions, intrusions or overlapping of improvements. This property abuts a public
road Pzgo- is shown. Ownership and easement information for this tract has not been researched
ext s sl io * on the attached plat.
�CERTIFY WHICH, WITNESS ray hand and seal at Georgetown, Texas,
this e,14 day of May of 2�019, A.D. File: CHCADO at Cross Creek Lot 3.doc..,..�
...........................3...
` WILLIAM f. FORM. A
�.yy� /� ...rl..........................
w WN. F. FOi{�CiS JR. " %% p ftf47 ,fit t�
R>OGISTI£i D PROFESSIONAL LAND SURVEYOR NO. 1847 N� e s s�°..��
S U R`�-
C A h 10 1 1 /\ 2019051572 Page 4 of 10
EXHIBIT a -
FIND NOTES FOR 60-FOOT WIDE -ACCESS EASEMENT .
BEING a 60-foot wide strip of !nnd, situated in the A. H. Porter Survey, Ab:lract No, 49
in Williamson County, Texas, sold land being a portion of that certain uaet of land calla
1,764.68 acres, as conveyed to Resort Properties, Inc. by deed as recorded in Volume 214$,?J~,\�
Page 318, of the Official Records of Williamson County, Texas. Surveyed on the ground
the month of June, 1992, under the supervision of Don H. Bizzell, Regiswred Professions
band Surveyor, and Will more particulariy described as followb:
BEGINNING at a point on the north line of Stale Highway No. 29, being the sgtlth iin� of
the above -referenced 1,764.68 acre tract, said'point being S 81' 50' 30'E, 34.13 f 'et fr4itt
most southerly Southwest corner of the said 1,764.68 acre: tract;
THENCE, ebng and 30 feet to either side of the following described ct:�.
N 20' 19' 30'W, 533.99 fecc; N 19' 32'W, 1,122.86 feet; N 19' 01'W, 26M., feet; N I6' 51'W,
579.51 rear, N 19' 32' 300W, 166.71 feet; N 1,r 29' 30"W, 66.97 fenr.l 1(10't2' 31M 119.52
foot; N 26° 20'E, 377.49 feet; N 19' 04'E, 67.04 feet; N 2' 54'13, 92.75YcCt; N 5"'09'W, 92.11
feet; N 6' 06%, 107.44 feet; N Se 36'E, 65.43 feat; N 8° 47T, 46.34 j �'�SS' 30"W, 46.91
fact, N 20' 12'W, 215.97 feet; N 10 36' 30"W, 11181 feet; N 30' 35z 431.67 feet;
N V 19'W, 94.93 feet; N UP 49'W, ISS-91 feet; N 11* 01' 3� 69. r
N 13. 23'W, 78.27 feet, N 21" 06' 30"W, 71, t2 feet; N 29' 44' W; }4.11 1; N 34- 07' 30"W,
1,181.15 feei; N 27' 21' 30"W, 480.69 fact; N let' 47' 30°��385 86, (e t a point herehtaFter
rotcrma to as "easement intersoewn" for the beginning of the e�n`tertine of a 60-fool•wide
casement extending either sidc of the tullowing dCscr&tJtJ = Urf C,
THENCE, N 70' 30'E, 2,017.89 fkct to the Southwest. imaf a certain 170.00 acre tract
for the Termination hereof; � ,( �,
BEGINNING AGAIN at thts 'Cases it(fl imct tTun«.
THENCE, along and 30-feet to either side of the ollowing described centerline,
N 22' 35' 30"W, 432.77 feet; N 19' 38.% 1,154.,81 feet and N 21' 45'W, 448,38 feet to a
point an the north lint: of the said 1,764*6 8cee,C'Wrr Propt:rtics, Inc. tract, being
N 70' 23'E, 30.02 foot from the most norilitAy 'Nurthwot corner of the said 1,764.68 acre
tract, for the Termination hc:•ccP. ,
� v
Y
V
RECORDERS MEMORANDUM
All or parts of the text on this page was not
dearly leatble for satisfactory recordation
CAMIMI I f-\
2019051572 Page 5 of 10
Exh; W tt `► "
DECLARATION OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
RECITALS
a v
Chcado LLC, (referred to herein as "Declarant") own the following describederty";
�� v
This one Tract of land described In Exhibit "A' attached hereto( /f
Declarant desires to impose upon the Property certain protective p—Wen\ conditions,
restrictions, liens, and charges hereinafter set forth; and �(
Nothing herein contained shall be construed to require DeQ,*nt W,*Pose these, or
similar, Covenants, Conditions and Restrictions ("CCRs" or "RestrtctignsIvp any property other
than the specific property designated herein. Declarant does not P t that any adjoining
property is intended to become part of a uniform plan of develo"rt�he Property described
herein and these CCRs shall not restrict the use of adjoining prop' rty.
NOW, THEREFORE, Declarant imposes that � � covenants, conditions and
restrictions upon the Property which shall be coven 411J g with the land:
No Tract shall be used for any purpose nod-speslfl , iy.�u ,,prized by these CCR's. Tracts are
restricted exclusively to agricultural and sjKgle'�ar�#ed ential use.
a. Agricultural Use, Each Tract may` v� ped#agricultural purposes including grazing of
cattle, horses and/or anima s that eat Grass'and are grazing animals and/or goats that
browse and are browsing at
s. Each 'tract has been used for agricultural purposes
and approved for Open Use tural Use Credit by the Williamson County Appraisal
District. Upon the discoIT
o ch agricultural use with respect to all or part of the
Tract, the Owner shall b e payment of so-called "rollback taxes" for a period
of five (5) years priora in which the change of the use of the Tract or portion
thereof occurs. k--is� "ss y understood that the Owner of each Tract shall be
responsible for ms ng Ft�ppiications and complying with the requirements to obtain
Special u��^' a� a of Tract and shall be safely responsible for any rollback taxes
levied q (4ap ��ainst the Tract. No assurances, representation or warranty is
provitn'
nin the continuation of the special use valuation or the ability of any Tract
to quaacialuse valuation.
two 34u. ,auiii:> ii Iciii vc vi iitcEs, piai:Gd or mair�tainea on any Tract utner
the nfl&al on -site constructed single-family residence with accessary structures
a rizedthe Architectural Control Committee (ACC). All secondary structures shall
with the design of the residence. The concepts of a ranch property and family
coo nd must be maintained in all structures. No mobile homes, double -wide mobile
\ �mes, house trailers, modular homes and move -on homes are allowed. No Tract shall
sed for a commercial purpose. A home office for the Owner that does not generate
Ird-parly, business -related vehicle trips to and from the residence is permitted.
1
RECORDERS MEMORANDUM
All or parts of the text on this page was not
clearly legible for satisfactory recordation
2019051572 Page 6 of 10
SIZE AND SPECIFICATIONS:
No building, structure or other improvement shall be constructed or maintained on any w nor
shall any addition or alteration thereto be made until the construction plans and spec 5►
and a plot plan showing the location of such structures and all appurtenances thereto a en
submitted to and approved by the ACC. A residence may not be lived in or o un e
residence is fully complete. �--� \
a. Each single -story residence constructed shall have at least 2,300 squi�i�'�e�t of heated
and air-conditioned space ("HVAC square feet") exclusive of ba`arages, and
porches. �,
b. Each two-story residence constructed on said Tracts shall leasi 2,700 HVAC
square feet with at least 1,700 HVAC square feet on the Ir. egidences shall be
limited to two stories.
c. Accessary structures on each may include an attach d ga a detached garage, a
guest house, a barn, two on -site constructed storage b .� s� move -on prefabricated
storage building, pet enclosures, chicken coops a dQQ ng areas.
d. Allowable roof materiais in -Mode clay file; sin \, , r n') to file, and metal roofing.
Composition roofing Is not allowed. Altemativp'ro" hWmay be permitted if the overall
designs of the residence and accessory s res"" approved by the ACC.
e. All building facades must include a sigCCI � 1 d ree of texture/depth such as that
provided by stone, rock, stucco and rough s� oo�J.
f. The framing of a single -story or two-story r�fenco must use stud lengths of at least 9
feet on all outside walls. \�
g. Any exposed slab must be 2Ri Inches cr�e s*d underpinning is required.
h. The driveway must be compt d before occupying the residence. All driveways must be
at least 12 feet in width and ceted of either concrete, pavers, asphalt, chip coat, or
soft road materials such `ddranhe.
I. All swimming pools•Tusl e'n$ rOcted in -ground. Above -ground pools are prohibited.
j. Propane tanks MUsl or totally screened from view from the other Tracts.
SETBACK RE
No residence or
feet from any,
Including loca ^
ti
C,0NS 1 R*U'C 10
The build and
comp)
0(6res or other building of any kind shall be located closer than 10
sheds will be considered in the overall design approval by the ACC
of the bullder's subcontractors (collectively referred to as Builder) shall
ing rules during the construction of improvements on the Tract:
,\ The builder shall not place construction materials on any Tract prior to the approval of
struction plans and specifications by the ACC.
,. A emporary construction driveway must be completed by Builder prior to the
}commencement of other construction activity.
2
C A I-1101 1 1--'!
2019051572 Page 7 of 10
c. The Builder shall place a trash receptacle for construction debris on the Tract prior to
commencement of construction of any improvements on the Tract. The Builder s"ce
toilet facilities on the Tract prior to commencement of construction.
d. The Builder shall install silt fencing to prevent storm water erosion ands n�oa'7
adjoining Tracts and into the Middle Gabriel River, Silt fencing must be I� taine-d�in
place until all areas of the Tract disturbed by construction activity have been ri j etated
as reasonably determined by the ACC. Construction debris must "bDstruct, any
//
drainage way within the Tracts. rr N}
e. Construction activity will occur only after sunrise and will terminate at-ku V /
f. Access to ,the building site can only be across the construction eR%n not across
other areas of the Tract or across any other Tracts.
g, Any excess fill that is not used for regrading after constructio (41,nmust be hauled
off of the Tract. /
STORAGE OF MATERIALS, PERSONAL BELONGINGS, VEWQLES.-WTS AND TRAILERS:
No materials or personal belongings of any kind shall bePu it-aiiy Tract except within the
residence and accessory structures as approved by the AC='n-operating and non -regularly
used vehicles (vehicles used less than one timeper w ,Hers of any kind, boats, boat
trailers, travel trailers, campers, recreational vehicle , otoomes, tractors, golf carts, go carts,
Y.i�
four wheelers, bikes, jet skis, motorcycles, I r_r eational vehicles of any kind, and
yard equipment, must be stored in enclos rudl -atf times.
NUISANCES:
No noxious, noisy, offensz.ive, or �["l acts shall be conducted on any Tract nor shall
anything be done or.permitted to b no thereon which may be or become a nuisance or
annoyance to the Owners of Tract C. Any determination by the ACC that an activity is
noxious, offensive, or unlawful s I nd binding on all parties.
FENCES: �
The Owner may elect to clos iFdr any portion of the Tract. All fencing must be approved in
advaf.wes of install r u AC Wood privacy fences are not aiiowed. Wood fencing (but not
privacy fencing) lgt , iron fencing or a combination thereof are permitted as are
other fence t p s ` pr ` by the ACC.
PETS:
Pets not tain In oors in aquariums or bird cages are limited to dogs, cats, and chickens
only. Roo a of allowed. Chickens are required to be located within a designated chicken
coop n run. The chickens, chicken coops, and any other structures to contain them
mu e s ed from view. No pets may be maintained on a Tract If they become a nuisance
t �RRCC's determination of the nuisance status of a pet is final. No other animals are allowed
w pffdr approval by the ACC.
3
2019051572 Page 8 of 10
OIL, GAS AND MINERAL DEVELOPMENT:
No oil or gas drilling, exploration, or development operatic
quarrying or mining operation of any kind shall be permitted
tanks, tunnels, mineral excavations or shafts be permitted of
USE OF CHEMICALS:
Property Owners are required jo adhere to "Best Managerr
time to time by the Texas Commission on Environmental
pesticides, herbicides, and fertilizers on the Tract.'
CONSTRUCTION OF IMPROVEMENTS:
The construction of the Residence must be completed within
of construction. The construction of accessory structures
after the commencement of construction.
TRACT CLEANING:
All Tracts must be kept clean and clear of unsightly Wr stro'r� t'etfuse.
ARCHITECTURAL CONTROL COMMITTEE
11 \` _-
The following persons are hereby designated as the`j�tial members of the Architectural Control
Committee (ACC): Michael Chad Sullivan •tend- arroyI Sullivan.
a. Duties: The ACC shall co4tiger and �"pon any and all plans and specifications
submitted for its approval pu?st�bnt to this Declaration and perform such other duties
assigned to it by this Decl rettonk Vrisidering any application the ACC may consider
the nature, kind, shape, h�t�,
ln gierials, and location of the improvements Including
harmony of exterrid Alocation In relation to surrounding structures and
topography. The ACC shall,e the authority to approve or disapprove any proposed
Improvement bas r( tt ,rgstrictions set forth herein and the decision of the ACC shall
be fir±a! anl;lrtd T.� eCC shall not be resrorisibio for irispectirg any proposed
Improvement„ ,•s �aljY 's pproval of any plans or specifications be deemed approval of
any im ^mkt ar�t�structural Integrity, safety, engineering soundness or conformance
with ar i a iding'- ar o er codes.
b. Right ot;"Iptrnldnt-. The initial members of the ACC may remaln in ofrice Indaffnitpty
The ftJal�err+6ers shall have the right to appoint and remove all members of the ACC.
Ea K,zi-r0oved
m r of the ACC shall hold office until such time as he or she has resigned or
has and his or her successor has been appointed.
�k's
/Rav ew of Construction Alteration or Removal of Improvements: Proposed plans and
peci cations shall be submitted to the ACC at:
TX 78Ds
CA I-1 I CS I I /A
2019061672 Page 9 of 10
The ACC's approval or disapproval or other actions as required in these CCRs I be
evidenced In writing and shall be delivered In person or by electronic email or ' der
sent by US mail addressed to the requiring party at an address which must be�suRpfto
with the submission of the plans. If the ACC shall fall either to approve or rejeq(�uch-p*s
and specifications for a period of sixty (60) days following such submission,'"approvarof
the ACC shall be presumed.
d. Amendments. Anything to the contrary contained in these CCR's no itft!�Sta ding, the
ACC shall have and hereby reserves the right at any time, without der consent
of any other party or entity, to amend or grant variances to tr���e�r coons by an
Instrument in writing duty signed, acknowledged and filed for ;coi�in the' Office of the
County Clerk of Williamson County, Texas. Each owner her ,appolhts the ACC as its
attorney -in -fact for the purpose of effecting the provisions 'at -this paragraph, such
appointment shall be deemed a power coupled with an inter64an" irrevocable.
e. Variances: The ACC may grant such variances of any of theme reions contained In this
Declaration as it considers appropriate based on t 46altt " sign and aesthetics of a
proposed Improvement: Ruling on variances is at I e sol(Oiscretion of the ACC.
GENERAL:
a. Enforcement: The ACC or the Ov
through a proceeding at law or
attempting to violate any covenai
to correct such violation or to recA
All expenses, including a r�asor
violating these restrictions 6'y
b. Limitations of Liability: The
AC6
damages or otherwise t tti bo
negligence or non same �s
disapproval, or faiture1b-4� f�
(b) the enforceme t ��-t�ib flu
of the Declaratio r (c)�t�y�othe
this Declare ib& j
ter,of-act +�` f-t q jltcts may enforce these restrictions
YI;�quilty-lagalnst the person or persons violating or
,/ pnditloni estriction or limitation either to prevent or
maJs or to obtain other relief for such violation.
1ble attoiyfey's fees, shall be recovered from anyone
arty bringing the suit.
T
dany member of the ACC shall not be liable in
e� of any Tract by reason of mistake of judgment,
g out of or in connections with: (a) the approval or
it to disapprove any plans, specifications or plot plans,
3 to enforce the covenants, conditions, and restrictions
action taken or not taken pursuant to the provisions of
C. Partial Sal4ft,,Ifs aPty' portion of this Declaration is declared illegal, invalid, or
unenf r�.�4bt(ty 1�r or court order, such action shall not affect he validity of any other
provisi ttiebeclaration.
d. ivu v Htw • r`pian of ueveio m nt. veciarant goes not intend to create a general scheme
or I n o ve opment as to any other property which Declarant may own and no such
sc a or an shall be inferred by reason of these restrictions.
3613 wILUAMS DRIVE, SUITE 204
GEORGETOWN- TX 78628
(6i2) 8M2881 930.4283
5
A rl I t5i 9 H 2O19051572 Page 10 of 10
ELECTRONICALLY RECORDED
OFFICIALPURLIC RECORDS
2019051572
Pages: 10 Fee: $61.00
06/11 /2019 12:03 PM
Nancy E. Rister,County Clerk
Williamson Courity,Texas I
1
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Georgetown, Tx. 78626
DESCRIPTION FOR CHCADO LLC — ADAM GRADY ENGLISH AND SHARON PLANK ENGLISH
BEING 10.01 acres of the A.H. Porter Survey, Abstract No. 490, in Williamson County, Texas; including
part of the property called 60.06 ac. as described in a deed to CHCADO LLC, from D.D. Boliek, et. ux., of record
in Doc. 2017066848, of the Official Public Records of Williamson County, Texas (OPRWCT). This tract was
surveyed on the ground in July of 2018 under the direction of William F. Forest, Jr., Registered Professional Land
Surveyor No. 1847. This property includes portions of two roadways of long-term duration known as Cross Creek
Road and Lightning Ranch Road. Survey note: The bearing basis for this survey is the State Plane Coordinate
System, Texas Central Zone, Western Data VRS Network.
BEGINNING at an iron pin that was found at the Northwest corner of the said tract called 60.06 acres in
the said deed to CHCADO LLC. This corner exists at the Southwest corner of the property that was called 11.91
ac. as described in a deed to Wade R. Baze, et. ux., of record in Doc. 2019007698. This corner exists in the East
boundary of the property conveyed to the Gaida Family L.P. (529.833 ac. Doc. 2009034512).
THENCE with the North boundary of the said 60.06 acre tract of CHCADO LLC, crossing the 60 foot
wide easement for Cross Creek Road (longterm Community Use Roadway), as described in Doc. 9728208, join
and follow the centerline of the 60' wide section of easement for Lightning Ranch Road (longterm Community
Use Roadway), N 6804613611 E passing the Southeast corner of Baze and the Southwest corner of the 10.29 acre
tract that was conveyed to Rob Skelton (Doc. 2018034368); and passing the common South corner of Skelton and
James G. McLendon (10.29 ac. Doc. 2018050376); continuing in all 1246.52 feet to an iron pin that was found at the
Northwest corner of the property that was conveyed to Keith D. Sharp, et. ux. (10.01 ac. Doc. 2018062122). From
this comer the Southwest corner of Brian Lemons (Doc. 2019040793) stands N 68'46136" E 19.07 feet.
THENCE with the West boundary of the said 10.01 acres of Keith D. Sharp, S 21'13'24"E 355.54 feet to a
capped 1/2 inch iron pin that was set (capped Surveyor No. 1847).
THENCE with the North line of the property that was conveyed to Lynde McCammon, Trustee ( Doc.
201889363), S 68°46'36" W 1195.57 feet to a capped 1/2 inch iron pin that was found (capped Surveyor No. 1847), in
the asphalt surface of Cross Creek Road.
THENCE with the West boundary of the said 60.06 acre tract and the East boundary of the property
described in a deed to RAS Level 2 Holdings, LP (158.017 ac. Doc. 2014099265), and along the center of the 60 foot
wide easement for Cross Creek Road, finding capped 1/2 inch iron pins (capped Surveyor No. 1847), as follows;
(1,12) N 29011'59" W 30.18 feet; and (L9) N 20'27159" W 116.75 feet to a capped 1/2 inch iron pin that was found in
asphalt (capped Surveyor No. 1847).
THENCE departing the easement line of the 60 foot wide easement for Cross Creek Road with an offset
in the West boundary of the 60.06 acre tract and the North line of the 158.017 acres of RAS Level 2 Holdings, LP;
(1,10) S 68-49'31" W 47.39 feet to an iron pin that was found at the Southeast corner of the property of Gaida Family
L.P. (529.833 ac. Doc. 2009034512), at an offset comer in the West boundary of the said 60.06 acres.
THENCE with the common boundary of the 60.06 acres and the property of the Gaida Family L.P., N 21'
28'33" W 208.88 feet to the POINT OF BEGINNING.
I, WM. F. FOREST, JR., do hereby certify that this survey was made on the ground of the property
legally described hereon, under my supervision. This description is correct to the best of my
knowledge and belief. The attached plat identifies any significant boundary line conflicts, shortages in
area, apparent protrusions, intrusions or overlapping of improvements. This property abuts a public
roadway, except as shown. Ownership and easement information for this tract has not been researched
except as shown on the attached plat.
TO CERTIFY WHICH, WITNESS my hand and seal at Georgetown, Texas,
this the 14`h day of May of 2019, A.D. File: CHCADO at Cross Creek Lot 3.doc
WM . F . FOREST JR .
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REGISTERED PROFESSIONAL LAND SURVEYOR NO. 1847
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100 ADDRESS 1326 CROSS CREEK RD,
GEORGETOWN, TX 7862a
OWNER ENGLISH. ADAM G & SHARON P
TRUSTEES OF A&S ENGLISH
WING TRUST
ACRES 10.01 V-
NAS& NGA, USGS, FEMA i Esn Community Maps Contrioutors, County o* WdU•mon. Texas ?arks & Wflulife, ®OnenStreetMao •Microsoffi, CONANP Esri,-om-om, Garm!n, SafeGraph, GeoTechnologies. Inc, METUNASA, U... Powered 6y E
EXHIBIT E
PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF GEORGETOWN, TEXAS
AFFIDAVIT OF ADAM G. ENGLISH
AFFIDAVIT OF SHARON P. ENGLISH
[AFFIDAVITS ATTACHED ON FOLLOWNG PAGES]
_,- Petitioned for ETJ Removal
GEORGETOWN
A & S ENGLISH LIVING TRUST
— 0 150 300
-- j City limits
US Feet