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Home My WebLink AboutORD 2026-18 - Disannexation; "Dufner Tract" per 3rd CA Amendment for Parkside on the RiverORDINANCE NO. X( Z(c - )$ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, PROVIDING FOR THE DISANNEXATION FROM THE CORPORATE LIMITS OF THE CITY OF CERTAIN TERRITORY CONSISTING OF 40.2 ACRES, MORE OR LESS, IN THE JOSEPH THOMPSON SURVEY ABSTRACT NO. 608, BUT EXCLUDING PORTIONS OF RIGHT-OF-WAY ON RM 2243 (aka LEANDER ROAD), PURSUANT TO THE "THIRD AMENDMENT TO THE SECOND AMENDED AND RESTATED CONSENT AGREEMENT" PERTAINING TO THE PARKSIDE ON THE RIVER SUBDIVISION; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 10, 2026, the City Council passed and approved Resolution No. 021026-5.K approving that certain "Third Amendment to Second Amended and Restated Consent Agreement," by and between the City of Georgetown ("City") and HM Parkside, L.P., a Texas limited partnership ("Owner"), et al. (the "Third CA Amendment") pertaining to the Parkside on the River Subdivision, a subdivision in the City's extraterritorial jurisdiction the development of which is subject to Development Agreements and Consent Agreements between the owners and developers of the subdivision and the City; and WHEREAS, after disannexation from the City limits, the Third CA Amendment authorizes annexation into the boundaries of Parkside on the River Municipal Utility District No. 1 ("POR MUD No. 1") of 40.2 acres of land situated in the Joseph Thompson Survey, Abstract No. 608, being the same land defined in the Third CA Amendment as the "Dufner Tract," and described by meets and bounds in that certain Special Warranty Deed from Elizabeth Reagan f/k/a Elizabeth Ann Dufner as Grantor, and Owner as Grantee, recorded in the Official Public Records of Williamson County, Texas as Document No. 2026003622 (the "Pro e "), described on the attached Exhibit A and Exhibit B; and WHEREAS, pursuant to Article I of the Third CA Amendment and City Charter Sec. 1.06, Owner submitted a written request to the City for disannexation of the Property from the corporate limits of the City so that the Property can be annexed into the boundaries of POR MUD No. 1 and become subject to the Development Agreement (as amended) and Consent Agreement (as amended) governing the Parkside on the River Subdivision; and WHEREAS, the Property was originally annexed into the City limits by Ordinances Nos. 2005-101 (in part) and 2023-65 (in part); and WHEREAS, all prerequisites of state law and the City Charter have been complied with. Ordinance Number: 0102fp — 11 Pagel of 3 Description: Disannexation of "Dufner Tract' (per Third CA Amendment Parkside on the River) Date Approved: Avf`, l t k , uzf, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The meeting at which this ordinance was approved was conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 2. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. Section 3. The City Council of the City of Georgetown hereby disannexes and removes from the City limits 40.2 acres of land situated in the Joseph Thompson Survey, Abstract No. 608, being the same land defined in the Third CA Amendment as the "Dufner Tract," and described by meets and bounds in that certain Special Warranty Deed from Elizabeth Reagan f/k/a Elizabeth Ann Dufner as Grantor, and Owner as Grantee, recorded in the Official Public Records of Williamson County, Texas as Document No. 2026003622 (the "Pro e "), described on the attached Exhibit A and Exhibit B. . Section 4. The Property's zoning classifications of Agriculture (AG) and Residential Single -Family (RS) will no longer be in effect. Section 5. The City's Official Boundary Map, Zoning Map, and City Council Districts Map will be amended to remove the Property. Section 6. Upon disannexation of the Property, the City shall have no obligation to provide services to the Property, except as otherwise provided in any existing Development Agreements pertaining to the Property. Section 7. No right-of-way is disannexed by this ordinance. Section 8. All ordinances or resolutions that conflict with the provisions of this ordinance are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 9. If any provision of this ordinance, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance, which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 10. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in accordance with the provisions of the City Charter of the City of Georgetown. EXHIBIT LIST: Exhibit A Property Description (Metes and Bounds) Exhibit B Property Description (Surveyor's Sketch) Ordinance Number: ZO?,(o — 18' Page 2 of 3 Description: Disannexation of "Dufner Tract" (per Third CA Amendment Parkside on the River) Date Approved: lv,`, k 1y 1 10Z-(/ Ordinance Number: 20'2X,.. 1% Page 3 of 3 Description: Disannexation of "Dufner Tract" (per Third CA Amendment Parkside on the River) Date Approved: N r I j Lk t to-Lro PASSED AND APPROVED on First Reading on the 2—,:!Nf 2026. PASSED AND APPROVED on Second Reading on the A of 2026. CITY OF GEOROETOWN, TEXAS JoshiSchroeoer, Mayor ATTEST: Robyn Den ore, City Secretary APPROVED AS TO FORM: Skye asson�City Attorney Ordinance Number: 202,(0 Page 4 of 3 Description: Disanncxation of "Dufner Tract" (per Third CA Amendment Parkside on the River) Date Approved: NY; t I y t W.L-C, EXHIBIT A (Dufner Tract - Metes and Bounds) (attached) Exhibit A Ordinance Number: Pagel of 5 Description: Disannexation of "Dufner Tract" (per Third CA Amendment Parkside on the River) Date Approved: EXHIBIT "A" FIELD NOTES JOB NO.230102 DATE: APRIL 13, 2023 PA SE —IQ F-5 Field notes to accompany exhibit. 1.7.60 ACRES — TftACT 1 BEING 17.60 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, WILLIAMSON COUNTY, TEXAS, BEING THAT TRACT CALLED TRACT 1 AS CONVEYED TO ELIZABETH ANN DUFNER, AND DESCRIBED IN DEED RECORDED IN DOCUMENT NO. 2014063597, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, AS SURVEYED ON THE GROUND BY TEXAS LAND SURVEYING, INC. ON APRIL 11T", 2023, AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with illegible red cap found in the north line of FM 2243, marking the southeast corner of a tract conveyed to Gordon Winston Faubion, and described in deed recorded in Document No. 2005101511, of said Official Public Records, also marking the southwest corner of a tract called Tract 2 as conveyed to Elizabeth Ann Dufner, and described in deed recorded in Document No. 2014063597, of said Official Public Records, save and except that tract recorded in Document No. 2007014281, of said Official Public Records, for the south comer of said Dufner (Tract 1) tract and this tract, from which a concrete monument found, marking an angle point of said Fubion tract, bears S 69'45'18" W. 415.79 feet; THENCE: N 23°24'50" W, 2622.61 feet with the east line of said Faubion tract and the west line of said Dufner (Tract 1) tract to an iron rod with red cap stamped "Forest 1847" found in the south line of a remainder of a tract conveyed to HM Parkside, LP, and described in deed recorded in Document No. 2018114043, of said Official Public Records, marking the northeast corner of said Faubion tract, for the northwest corner of said Dufner (Tract 1) tract and this tract; THENCE: N 69°30'42" E, 13.56 feet with the south tine of said HM Parkside tract and the north line of said Dufner (Tract 1) tract to a 1/2 inch iron rod found, marking an angle point of said HM Parkside tract, for an angle point of said Dufner (Tract 1) tract and this tract; THENCE: N 69°19'44" E, 386.66 feet with the south line of said HM Parkside tract and the north line of said Dufner (Tract 1) tract to a 112 inch iron rod found in the base of a 16 inch elm, marking an angle point of said HM Parkside tract, for an angle point of said Dufner (Tract 1) tract and this tract; THENCE: N 69°12'24" E, 185.14 feet with the south line of said HM Parkside tract and the north line of said Dufner (Tract 1) tract to a 1/2 inch iron rod found, marking an angle point of said HM Parkside tract, also marking the northwest corner of said Dufner (Tract 2) tract, for the northeast corner of said Dufner (Tract 1) tract and this tract, from which a cotton spindle found, marking an angle point of said HM Parkside tract, also marking an angle point of Parkside on the River, Phase 2, Sections 4 & 7, said plat recorded in Document No. 2022128238, of said Official Public Records, also marking the northeast comer of said Dufner (Tract 2) tract, bears N 69°10'09" E, 375.84 feet; Exhibit A Ordinance Number: Page 2 of 5 Description: Disannexation of "Dufner Tract" (per Third CA Amendment Parkside on the River) Date Approved: FJ(HIBIT "A" FIELD NOTES JOB NO.230102 DATE: APRIL 13, 2023 PAGE 2 OF 5 Field notes to accompany exhibit. THENCE: S 10042'58" E, 2660.01 feet with the west line of said Dufner (Tract 2) tract and the east line of said Dufner (Tract 1) tract to the POINT OF BEGINNING, containing 17.60 acres of land, more or less. Bearings cited hereon based on Grid North Texas State Plane Coordinate System (Central Zone) NAD83 4-/9•Z William . Step art, R.P.L.S. No. 5785 State of Texas ryas CanZcSury yin , �nc. -A Lend Survey Flrm- 3813 Williams Drive, Suite 003 — Georgetown, Texas 78628 (512) 930.1600 www texas -Is com TBPLS FIRM No. 10056200 Exhibit A Ordinance Number: Page 3 of 5 Description: Disannexation of "Dufner Tract" (per Third CA Amendment Parkside on the River) Date Approved: EXHIBIT "A" FIELD NOTES JOB NO. 230102 DATE: APRIL 13, 2023 PAGE 3 OF 5 Field notes to accompany exhibit 22.60 ACRES — TRACT 2 BEING 22.60 ACRES OF LAND, MORE OR LESS, OUT OF THE JOSEPH THOMPSON SURVEY, ABSTRACT NO. 608, WILLIAMSON COUNTY, TEXAS, BEING THAT TRACT CALLED TRACT 2 AS CONVEYED TO ELIZABETH ANN DUFNER, AND DESCRIBED IN DEED RECORDED IN DOCUMENT NO. 2014063597, OFFICIAL PUBLIC RECORDS, WILLIAMSON COUNTY, TEXAS, SAVE AN EXCEPT THAT TRACT RECORDED IN DOCUMENT NO. 2007014281, OF SAID OFFICIAL PUBLIC RECORDS, AS SURVEYED ON THE GROUND BY TEXAS LAND SURVEYING, INC. ON APRIL 11TN, 2023, AND FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron rod with illegible red cap found in the north line of FM 2243, marking the southeast corner of a tract conveyed to Gordon Winston Faubion, and described in deed recorded in Document No. 2005101511, of said Official Public Records, also marking the south comer of a tract called Tract 1 as conveyed to Elizabeth Ann Dufner, and described in deed recorded in Document No. 2014063597, of said Official Public Records, for the southwest corner of said Dufner (Tract 2) tract and this tract, from which a concrete monument found, marking an angle point of said Fubion tract, bears S 69'45'18" W. 415.79 feet; THENCE: N 10°42'58" W, 2660.01 feet with the east line of said Dufner (Tract 1) tract and the west line of said Dufner (Tract 2) tract to a 1/2 inch iron rod found, marking the northeast corner of said Dufner (Tract 1) tract, also marking an angle point of the remainder of a tract conveyed to HM Parkside, LP, and described in deed recorded in Document No. 2018114043, of said Official Public Records, for the northwest corner of said Dufner (Tract 2) tract and this tract, from which a 1 /2 inch iron rod found, marking an angle point of said Dufner (Tract 1) tract, also marking an angle point of said HM Parkside tract, bears S 69°12'24" W, 185.14 feet; THENCE: N 69010'09" E, 375.84 feet with the south line of said HM Parkside tract and the north line of said Dufner (Tract 2) tract to a cotton spindle found, marking the southeast corner of said HM Parkside tract, also marking an angle point of Parkside on the River, Phase 2, Sections 4 & 7, said plat recorded in Document No. 2022128238, of said Official Public Records, for the northeast corner of said Dufner (Tract 2) tract and this tract; Exhibit A Ordinance Number: Page 4 of 5 Description: Disannexation of "Dufner Tract" (per Third CA Amendment Parkside on the River) Date Approved: EXHIBIT "A" FIELD NOTES JOB NO. 230102 DATE: APRIL 13, 2023 PAGE 4 OF 5 Field notes to accompany exhibit, THENCE: S 10142'42" E, with the west line of said Parkside on the River, Phase 2, Sections 4 & 7, and the east line of said Dufner (Tract 2) tract at 492.64 feet passing an iron rod with pink cap stamped "HR Green" found, marking the southwest corner said Parkside on the River, Phase 2, Sections 4 & 7, also marking the northwest comer of Parkside on the River, Phase 2, Section 2, said plat recorded in Document No. 2021190055, of said Official Public Records, continuing with the west line of said Parkside on the River, Phase 2, Section 2 at 2210.07 feet passing a 120D nail found, marking the southwest corner of said Parkside on the River, Phase 2, Section 2, also marking the northwest comer of a remainder of a tract conveyed to HM Parkside, LP, and described in deed recorded in Document No. 2018114043, of said Official Public Records, continuing with the west line of said HM Parkside tract and the east side of said Dufner (Tract 2) tract In all 2663.10 feet to a 1/2 inch iron rod found in the north line of said FM 2243, marking the southwest corner of said HM Parkside tract, for the southeast corner of said Dufner (Tract 2) tract and this tract; THENCE: S 6903742" W. 375.11 feet with the north line of said FM 2243 and the south line of said Dufner (Tract 2) tract to the POINT OF BEGINNING, containing 22.60 acres of land, more or less. Bearings cited hereon based on Grid North Texas State Plane Coordinate System (Central Zone) NAD83 lip:?"fie '��iNC WIWAM C. ViW ItT William C- SteWarf, RPLS No. 5785 State of Texas t7exas fandtSurvEyfn, A Land Survey Flrm- 3613 Williams Drive, Suite 903 — Georgetown, Texas 76028 (512) 930.1600 www.texas-is.com TBPLS FIRM No 10056200 Exhibit A Ordinance Number: Page 5 of 5 Description: Disannexation of "Dufner Tract" (per Third CA Amendment Parkside on the River) Date Approved: EXHIBIT B (Dufner Tract - Surveyor's Sketch) (attached) Exhibit B Ordinance Number: Page 1 of 2 Description: Disannexation of "Dufner Tract" (per Third CA Amendment Parkside on the River) Date Approved: WI... AMIL PAGE 5 OF S Exhibit B Ordinance Number: Page 2 of-2 Description: Disannexation of "Dufner Tract' '(per Third CA Amendment Parkside on the River) Date Approved: