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Home My WebLink AboutRES 041426-5.E - ETJ Disannexation - Ward and Burke Berry Creek, Inc., 3600 N IH 35, 7.309 acres, R683456 and R684092RESOLUTION NO. 01426 .5. E- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 7.309 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND IDENTIFIED BY THE WILLIAMSON COUNTY APPRAISAL DISTRICT AS PARCEL R683456, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 11, 2026, the City of Georgetown, Texas, received a petition requesting release from its ETJ of an approximately 7.309 acre tract of land in the John Berry 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. O4I*� 5 � Page 11 Resolution No. � Release of Petition Area — Ward and Burke P S ED AND APPRO D by ie City Council of the City of Georgetown, Texas, on the day of 2026. CITY OF ¢'EORGETOWN, TEXAS By: Josh chroeder, Mayor ATTEST: By: -- Ra�&�-OAA-Xl VL-?J� Robyn Densm , City Secretary APPROVED AS TO FORM: By: ' Skye Ma. on, Zy Attorney //''// Resolution No. !V mm W'(Z G '56-E Page 12 Release of Petition Area — Ward and Burke Exhibit A to Resolution Petition Resolution No. Release of Petition Area Southwest Engineers Engineering Texas Since 1978 February 26, 2026 City of Georgetown — Planning and Development Department 809 Martin Luther King Jr St Georgetown, Texas 78626 RE: Ward & Burke Texas Yard Phase 3 3600 N I H 35 Public Infrastructure Land Development Land & ROW Acquisition TBPELS No. F•1909 MAR 1 1 2026 CITY SEC. Georgetown, Texas 78626 SWE Project No. 1173-003-26 Letter of Request to Disannex from the City of Georgetown Extraterritorial Jurisdiction To whom it may concern, Please accept this Letter of Request for the parcel listed to be disannexed from the City of Georgetown Extraterritorial Jurisdiction (ETJ): R683456. As stated in the requirements listed by 88(R) SB 2038 — Bill Text, this request is being provided with the property owner's signature and information as seen below, a map of the land to be released, and a metes and bounds description found in its corresponding deed. Respectfully Submitted, Paulo Misi, P.E. Senior Project Manager (512) 222-4964 ext 521 /kd Gonzales Buda . Bastrop Round Rock 2631 Gattis School Rd STE 270, Round Rock, Tx 78664 512-222-4964 www.swengineers.com o Ward & Burke Berry Creek Inc., A Texas Corporation By: JEr?� ! I \) ICI" -- Robert J. Ward, President Date of signing Date of Birth l N-o �;?- Go u,—ku., Ck b Residence Address Docusign Envelope ID: BA83C715-EABC-457F-919F-4F566A6B450A WARD & BURKE BERRY CREEK INC. ACTION IN WRITING BY BOARD OF DIRECTORS The undersigned, being all the Directors of Ward & Burke Berry Creek, Inc., a Texas corporation (the "Corporation"), acting pursuant to the authority of Section 21.415 of the Texas Business Organizations Code, hereby consent to the adoption of the following specified resolutions and approve and adopt such resolutions with the same force and effect as if they were approved and adopted at a duly constituted meeting of the Board of Directors of the Corporation, as of the 1 Oth day of March, 2026: RESOLVED, that from and after the date of adoption of this resolution, each of the following officers of the Corporation, namely Robert Ward and John Grennan, shall have full power and authority to sign and obligate the Corporation with respect to all proposals, bids, contracts, petitions or other undertakings of any kind or nature with any federal, state, county, municipal, or other governmental entity, or with any corporation, partnership, limited liability company, joint venture, individual or other private entity, for or in connection with construction, services, equipment, retail purchases, sales or other transactions of any kind or nature involving the business of the Corporation, and such officer's signature shall be conclusive evidence that such officer was acting with the approval of the Board of Directors of the Corporation, and be it RESOLVED FURTHER, that from and after the date of adoption of this resolution, the foregoing officers shall have full power and authority to delegate any or all of the power and authority described in the foregoing paragraph to any other officer or employee of this Corporation, with such limitations on said power and authority so delegated as shall be determined by the delegating officer, such delegation to be set forth in a writing to be entered upon the books and records of the Corporation, and be it RESOLVED FURTHER, that all prior acts by the individuals who served as officers of the Corporation prior to the date hereof are ratified, affirmed and approved so long as taken in good faith and in the best interests of the Corporation; and be it 21359851.1 Docusign Envelope ID: BA83C715-EABC-457F-919F-4F566A6B450A RESOLVED FURTHER, that all prior acts by the individuals who served as officers of the Corporation, and each of them, in connection with the foregoing resolutions and any and all other documents, instruments or agreements delivered in connection therewith to carry out and effectuate the purposes and intent of the foregoing resolutions be, and they hereby are, ratified, authorized, and approved with the same effect as if specifically authorized and approved by the Board of Directors at or prior to the time at which such acts and things were done or performed; and be it RESOLVED FURTHER, that this action may be executed in counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument and shall become effective when one or more counterparts have been signed by each of the parties and delivered (by telecopy, electronic delivery or otherwise) to the other parties. Signatures to this action transmitted by facsimile transmission, by electronic mail in "portable document format" (".pdf') form, or by any other electronic means (e.g. DocuSign) intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing the original signature. [signature page to follow] 21359851.1 Docusign Envelope ID: BA83C715-EABC-457F-919F-4F566A6B450A IN WITNESS WHEREOF, the undersigned have hereunto subscribed their names as of the date set forth above. DIRECTORS: [Docu Signed by: IgF ARCOF'J 911dfARAFD Robert J. Ward FDocuSl nodby: 90*& Michael Ward LDocuftned by: �aI fu& Padraig Burke CSigned by: F DS?7:589831B47-0 John Grennan M y: � f�- - Colin Irwin DocuSigned by: 1°%OJA, Fa&-� Brian Fahy 21359851.1 •' Southwest '"• Engineers Engineering Texas Since 1978 Public Infrastructure Land Development Land & ROW Acquisition TBPELS No. F-1909 Location Mia 3600 NIH 35, Georgetown, TX 78626 Gonzales I Buda I Bastrop 1 Round Rock 2631 Gattis School Rd STE 270, Round Rock, TX 78664 512-222-4964 www.swengineers.com ELECTRONICALLY RECORDED 2025095648 Williamson County, Texas Total Pages: 4 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSERS 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 SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That effective as of December 3101 2025, JAMES MCELHANON AND GAYLE MCELHANON ("Grantor", whether one or more), for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to the undersigned paid by WARD & BURKE BERRY CREEK INC., a Texas corporation ("Grantee"), the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, V SELL AND CONVEY unto Grantee the following described real property (the "Property"), to - wit: ti ti M Being 7.309 acres (318,399 sq. ft.) of land situated in the John Berry Survey, A-51, Williamson County, Texas, and being out of a called 10.35 acres to Gayle tv McElhanon and James McElhanon recorded under Clerk's File No. 9911921 O.R.W.C.T., a called 5.00 acres to Gayle McElhanon and James McElhanon recorded under Clerk's File No. 2007028160 O.R.W.C.T., and a called 5.00 acres to Gayle McElhanon and James McElhanon recorded under Vol. 2110 Pg. 565 F' O.R.W.C.T.; said 7.309 acres being more particularly described by metes and L C bounds in Exhibit "A" attached hereto. b �j TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, Grantee's heirs, executors, successors and assigns forever; and Grantor does hereby bind Grantor, Grantor's heirs, executors, successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the said premises unto Grantee, Grantee's heirs, executors, successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, when the claim is by, through or under Grantor but not otherwise. This conveyance is made subject to all and singular the restrictions, easements, conditions, reservations, exceptions and covenants, if any, applicable to and enforceable against the Property as shown by the records of Williamson County, Texas. Current ad valorem taxes on the Property having been prorated, the payment thereof is assumed by Grantee. 2025095648 Page 2 of 4 IMES MCELHANON GA E MCELHANON Grantee's Address: 140 Aarkii stYc�k_,_8�;��:••� p sue;+t 140E STATE OF TEXAS COUNTY OF ' tl`�awtQri This instrument was acknowledged before me this ro day of December, 2025 by JAMES MCELHANON AND GAYLE MCELHANON. F:• `�;, RACHEL K. BRANDT 1� My Notary ID # 134283247 Expires March 31, 2027 AFTER RECORDING, RETURN TO: CORRIDOR TITLE, LLC 25-3975-C L- pr� Wary Public, State of Texas 2025095648 Page 3 of 4 EXHIBIT "A" DESCRIPTION Being 7.309 acres (318,399 sq. fL) of land situated In the John Berry Surrey, A51, Williamson County, Texas, and being out of a called 1035 acres to Gayle McRanon and James McElhanan recorded under Clerks File No. 9911921 O,R,W,C,T,, a called 5,00 acres to Gayle McElhanon and James McElhanon recorded under Clerks File No, 2D07020160 O,R,W,C,T„ and a called 5,00 acres to Gayle McElhanon and James McElhanon recorded under Vol, 2110 Pg. 565 O.R,W.C,T.; said 7.309 acres being more particularly described by metes and bounds as follows; BEGINNING at 124nch Iron rod with cap stamped 'Forest 184T found In the north line of said 10,35 acres for the most easterly southeast comer of a called 10.627 acres to Ward tt, Burke Berry Creep Inc recorded under Clerks File No. 2024098704 of the Official Public Records of Williamson County, Texas (O,P,R,W,C,T,) and the southwest comer of a remainder of a called 21,603 acres to Kenneth Buchhom and Kathryn Buchhom recorded under Cleft File No, 2017039117 O.P,R.W,C.T., same being the most northerly northwest comer and POINT OF BEGINNING of the herein described tract THENCE South 32°25'20' East, 468,72 feet over and across sald 10,35 acres and sald 5.00 acre tracts to a 5B-Inch Iron rod vAth cap stamped 'Lendont'set for an interior northeast comer of the herein descrdibed tract: THENCE North 69'4038" East, 250,00 feet along a northeast line of the herein described tract to a 5!8-Inch Iron rod with cap stamped 'LandpolnC set for an Interlor northeast comer of the hereln described tract THENCE North 20'19'22" West, 40.00 feet along a northeast line of the hereln described tracat to a 5/8-Inch Iron rod with cap stamped 'Lasndpolyd' set In the south line of said McElhanon 5.00 acres (Vol, 2110. Pg. 565 O.R.W.C.T) for an exterior northeasterly comer of the hereln desal bed tract THENCE North 69'4038" Easf, along the south line of said 5.00 acres common to the northeast line of the hereln described tract, passing at 4305 feel a 1I24nch Iron rod found for reference conUnuing In all a total distance of 512.53 feet to a point In the center of Dry Berry Creek for the southeast comer of said 5.00 acres and the northeast comer of the hraln described tract; THENCE South 021Y44' East, 154.73 feet along the center of said Dry Berry Creek common to the east line of the herein described bad to an angle point; THENCE South 23'5549" East, 97.12 feet continuing along said common line to a point In the canter of Dry Berry Creek for the northeast comer of a called 38.15 acres to Ward fit Burke Berry Creels Inc„ recorded under Clerk's File No. 2024032738 of the OlUclal Publlc Records of Williamson County, Texas (O,P.R.W.C.T.)and the southeast comer of the hereln described track THENCE South 70'10'32" West, along said common line passing at 45,45 feet end 1,5 feet south a 112 inch uon found for reference and continuing In all a total ditance of 921.00 feet to a 1rz4nch Iron rod found for the southeast comer of said 10.627 acres and thesouthvrest comer of the hereln described tract; THENCE North 33'0272' West, 609,04 feet along a southeast line of sald 10.627 acres common to the west line of the herein described tract to A 12-Inch Iron rod with cap stamped 'Forest 184i found for the most westerly northwest comer of the herein described tract; THENCE North 331811' East, 69.95 feet along a common line of said 10,627 acres with the northwest line of the hereln described tract to a 1124nch Iron rod found for the most northerly northwest comer of the hereln dewscdbed tract THENCE North 63.28W East. 179,55 feet continuing along a common Ilne of Bald 10,627 acres with the northwest line of the herein described tract m the POINT OF BEGINNING and containing 7.309 acres (318,399 sq. fQ of land in Williamson County, Texas, 2025095648 Page 4 of 4 ELECTRONICALLY RECORDED OFFICIAL PUBLIC RECORDS 2025095648 Pages:4 Fee: $33.00 12/03/2025 02:24 PM KWEEMS � � h 2 MAU�l l'�i Nancy E. Rister, County Clerk Williamson County,Texas r' z Petitioned for ETJ Removal GEORGETOWN "„' WARD & BURKE MM r, cp I � I 1 I 1 1 1 1 1 .I I I I ctz 59Z ® Property Georgetown ETJ City limits 300 600 US Feet