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HomeMy WebLinkAboutRES 060926-5.B - ETJ Disannexation - Keystone GT, LLC, 1351 CR 152, 34.7 acres, PID R039042 and R007396RESOLUTION NO. 0600M %5, 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 34.7 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND IDENTIFIED BY THE WILLIAMSON COUNTY APPRAISAL DISTRICT AS PARCELS R039042 AND R097936, AND BEING LOCALLY KNOWN AS 1351 COUNTY ROAD 152, GEORGETOWN, WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 11, 2026, the City of Georgetown, Texas, received a petition requesting release from its ETJ of an approximately 34.7 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. Page I 1 Resolution No. 000U-65i<3 Release of Petition Area — Keystone GT LLC PASSED AND AP ROVED by the City Council of the City of Georgetown, Texas, on the day of , 2026. CITY OF Gy,ORGETOWN, TEXAS By: Josh Sch q der, Mayor ATTEST: By: c Robyn DensniorU, City Secretary APPROVED AS TO FORM: By: rty At orney LyndsaY (.uj av� Resolution No. 0(o G i 26— 68 Page 12 Release of Petition Area — Keystone GT LLC Exhibit A to Resolution Petition Resolution No. G ( O ` zic, - 5,e Release of Petition Area 0 STEWART May 11, 2026 IRPN'CPOWI ; _, iJ City of Georgetown, City Secretary MAY 11 2026 Attn: Robyn Densmore 808 Martin Luther King, Jr. Street CITY SEC Georgetown, Texas 78626 RE: Petition for Release from Extraterritorial Jurisdiction Property: 1351 CR 152, Georgetown, Texas 78628 WCAD PID: R039042 and R007396 (34.7 acres) Dear City Secretary: On behalf of Stewart Family Interests, Ltd., I hereby submit the enclosed Petition for Release from Extraterritorial Jurisdiction of the City of Georgetown pursuanttoTexas Local Government Code §42.102. The petition property consists of approximately 34.7 acres, identified in Williamson Central Appraisal District as PID R039042 and R007396, and is currently located within the City of Georgetown's extraterritorial jurisdiction as reflected on the City's ETJ/City Limits GIS mapping system. The enclosed Petition includes all materials required under Texas Local Government Code §§42.102-42.105, including the recorded deed, survey and metes -and -bounds description, appraisal district parcel map, and swom owner affidavits. Request for Agenda Placement. Pursuantto Texas Local Government Code §42.105,1 respectfully request that this Petition be verified by staff and placed on the agenda of the next available meeting of the Georgetown City Council for consideration of a resolution releasing the Property from 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 your staff have any questions or require additional documentation, do not hesitate to contact me. Thank you for your attention to this matter. Regards, Tanya Dawson Attorney for Petitioners (281) 560-6106 cc: City Attorney, City of Georgetown Planning Director, City of Georgetown 23000 Northwest Lake Drive, Houston, Texas 77095 Phone: (713) 983-8819 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 Keystone GT, LLC files 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 34.7-acre tract of land located at 1351 CR 152, Georgetown, Texas 78628, in Williamson County, Texas, identified by the Williamson Central Appraisal District as PID No. R039042 and R007396, 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 metes and bounds description attached hereto as Exhibit A, and depicted on the Williamson Central Appraisal District parcel map attached as Exhibit B. 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 C. III. STATUTORY AUTHORITY 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. IV. 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 REQUIREMENTS 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 § 42.10S(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. 1444&1c-r� Mark A. Stewart, a alter Keystone GT, LLC SUBSCRIBED AND SWORN TO before me on this 3 1 " day of March, 2026, by Mark A. Stewart as Manager of Keystone GT, LLC. Tanya Dugs Dawson My Commission Expires TFa'" 07111/2027 Notary ID132082903 s T nya IrugakDwson Notary, for the State of Texas RESOLUTION OF KEYSTONE GT, LLC Pursuant to the March 3, 2026 Company Agreement of Keystone GT, LLC, the following resolutions are adopted this 3151day of March, 2026. RESOLVED, as sole Manager of the Company and in accordance with the rights and duties set forth in Section 8.2 of the Company Agreement, Mark A. Stewart, is authorized to execute all documents necessary to petition for the release of the 34.7-acre tract of land located at 1351 CR 152, Georgetown, Texas 78628, in Williamson County, Texas, identified by the Williamson Central Appraisal District as PID No. R039042 and R007396, from the extraterritorial jurisdiction ("ETJ") of the City of Georgetown, Texas DATED THIS 315Y day of March, 2026. Mark A. Stewart, MaNnEJ Keystone GT, LLC Sworn to and subscribed before me by the above -named persons, personally known to me, in Harris County, Texas on this the 315t day of March, 2026. Tanya Dugas Dawson !wson,My Co0/111027xplres712Ta Dugllotary for the State of Texas .� Notary ID132082903 AFFIDAVIT OF MARK A. STEWART STATE OF TEXAS COUNTY OF HARRIS BEFORE ME, the undersigned authority, on this day personally appeared Mark A. Stewart, who, being by me duly sworn, stated under oath as follows: 1. My name is Mark A. Stewart. 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 Manager of Keystone GT, LLC, I am an owner of the Property described in the attached Petition for Release from the Extraterritorial Jurisdiction of the City of Georgetown, Texas. 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). 5. My date of birth is 6. I reside 17535 Seidel Cemetery Road, Tomball Texas 77377. Further affiant sayeth not. — 1�4 kI hs�44 Mark A. Stewart, Manager Keystone GT, LLC SUBSCRIBED AND SWORN TO before me on this lst day of May, 2026, by Mark A. Stewart as Manager of Keystone VD, LLC. Tanya Dugas Dawson My Commission Expires 07/11/2027 Notary ID132082903 Z�� T ug awson Notary, for the State of Texas KIMLEY-HORN AND ASSOCIATES, INC. NO. 10194624 Kimley>>Morn EXHIBIT A 10814 JOLLS LYVILLE ROAD, CAMPUS IV, SUITE 200 AUSTIN, TEXAS 78759 Legal Description BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 34.7568 ACRES (1,514,006 SQUARE FEET), OUT OF THE JOHN BERRY SURVEY NO. 3, ABSTRACT NO. 51, WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A CALLED 42.07 ACRE TRACT OF LAND CONVEYED TO VERNELL LOUISE SAGEBIEL IN DOCUMENT NO. 2023027994 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID 34.7568 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at a 1/2-inch iron rod with "4Ward Boundary" found on the northwest right-of-way line of County Road 152 (variable width right-of-way), said point being the southeast corner of a called 46.39 acre tract conveyed to Das Uber Montney et al. in Document No. 2022012328 (O.P.R.W.C.T.), and being the south corner of said Sagebiel tract, for the south corner and POINT OF BEGINNING hereof; THENCE, leaving the northwest right-of-way line of said CR 152, with the common line of said Das Uber Montney tract and said Sagebiel tract, North 25048'52" West, a distance of 1,385.71 feet to a leaning 1/2-inch iron rod found for an angle point hereof, said point being at the east corner of a called 1.00 acre tract conveyed to Jonah Water Special Utility District in Document No. 2018091256 (O.P.R.W.C.T.), and being the south corner of a called 1.00 acre tract conveyed to Jonah Water Special Utility District in Volume 2353, Page 951 of the Official Records of Williamson County, Texas (O.R.W.C.T.); THENCE, leaving the southwest line of said Sagebiel tract, over and across said Sagebiel tract, with the southeast and northeast line of said 1.00 acre tract conveyed to Jonah Water Special Utility District in Volume 2353, Page 951 (O.R.W.C.T.), the following two (2) courses and distances: 1) North 68042'32" East, a distance of 202.07 feet to a 1/2-inch iron rod found for an angle point hereof, and 2) North 22012'40" West, a distance of 208.07 feet to a 1/2-inch iron rod found for an angle point hereof, said point being in the southeast line of a called 102.50 acre conveyed to RAS Management Trust in Document No. 2023069578 (O.P.R.W.C.T.), and being the northwest line of said Sagebiel tract, and being the north corner of said 1.00 acre tract conveyed to Jonah Water Special Utility District in Volume 2353, Page 951 (O.R.W.C.T.); THENCE, with the common line of said RAS Management Trust tract and said Sagebiel tract, North 69005'12" East, a distance of 338.57 feet to a 1/2-inch iron rod with "KHA" cap set for the north corner hereof; THENCE, leaving the common line of said RAS Management Trust tract and said Sagebiel tract, over and across said Sagebiel tract, the following seven (7) courses and distances: 1) South 73°35'35" East, a distance of 283.62 feet to a 1/2-inch iron rod with "KHA" cap set for an angle point hereof, 2) South 58029'47" East, a distance of 118.86 feet to a 1/2-inch iron rod with "KHA" cap set for an angle point hereof, 3) South 61036'09" East, a distance of 174.82 feet to a 1/2-inch iron rod with "KHA" cap set for an angle point hereof, 4) South 68035'51" East, a distance of 258.32 feet to a 1/2-inch iron rod with "KHA" cap set for an angle point hereof, 5) South 63007'25" East, a distance of 85.63 feet to a 1/2-inch iron rod with "KHA" cap set for an angle point hereof, 6) South 79025'48" East, a distance of 134.38 feet to a 1/2-inch iron rod with "KHA" cap set for an angle point hereof, and 7) South 61031'39" East, a distance of 193.18 feet to a 1/2-inch iron rod with "KHA" cap set for the east corner hereof, said point being in a fenceline on the apparent northwest right-of-way of said CR 152; KIMLEY-HORN.COMji January 23, 2026, PAGE 11 0 F 2 KIMLEY-HORN AND ASSOCIATES, INC Kimley>>Morn 10814 FIRM N0. 101 ROAD,10814 JOLLWILLE ROAD, CAMPUS IV, SUITE 200 AUSTIN, TEXAS 78759 THENCE, generally with the occupied fenceline and the apparent northwest right-of-way line of said CR 152, the following eight (8) courses and distances: 1) South 26047'29" West, a distance of 48.15 feet to a 1/2-inch iron rod with "KHA" cap set for an angle point hereof, 2) North 82031'33" West, a distance of 31.23 feet to a 1/2-inch iron rod with "KHA" cap set for an angle point hereof, 3) South 17050'39" West, a distance of 385.61 feet to a 1/2-inch iron rod found for an angle point hereof, 4) South 18037'09" West, a distance of 238.65 feet to a bent 1/2-inch iron rod found for an angle point hereof, 5) along the arc of a curve to the right, whose radius is 1,095.96 feet, whose arc length is 190.82 feet, and whose chord bears South 30040'39" West, a distance of 190.58 feet to a 1/2-inch iron rod with "KHA" cap set for a point of non -tangency hereof, 6) along the arc of a curve to the right, whose radius is 788.54 feet, whose arc length is 254.09 feet, and whose chord bears South 44053'47" West, a distance of 252.99 feet to a 1/2-inch iron rod with "KHA" cap set for a point of compound curvature hereof, 7) along the arc of a curve to the right, whose radius is 989.01 feet, whose arc length is 171.01 feet, and whose chord bears South 64022'17" West, a distance of 170.79 feet to a 1/2-inch iron rod with "KHA" cap set for a point of non -tangency hereof, and 8) South 69019'28" West, a distance of 311.75 feet to the POINT OF BEGINNING and containing 34.7568 Acres (1,514,006 Square Feet) of land more or less. NOTE: All bearings are based on the Texas State Plane Coordinate System, Grid North, Central Zone (4203); all distances were adjusted to surface using a combined scale factor of 1.000135764239. See attached sketch (reference drawing:V-ALTA-068929201.dwg) . ,, 1 /23/26 OF STEVE D RTE, R.P.L.S. STEVEN M. DUARTE REGIS RE ROFESSIONAL 5940 LAND RV OR NO. 5940 9� F + 0� QTGv 1 fll In�TC/:i ll IA AI EV IJrl�Al /'/lftA n SS % .``.�/9 SUR •- • �i January 23, 2026, PAGE 12 0 F 2 W co W 2 X W W cM A0') 1TT_ V! 0 O Z 2 U J v§§1 n v Q�� pp Qo ¢ U U' fQQjj n M Q V tV N N N y , fi9Z 0 ¢ 8 w m E 1 E.� V''+1Sa .Y J V�,s9 a ts` 04 S` co M A� 1TT_ VJ O O Z .m �s p pNpp ^ O pQ D n aTv, l?-z'�3� I' y►Y t G tiPt� �t9r' St�t� N Sla EXHIBIT C 735 ft Esr,, Komi-ru-icy aps Ccnl�,ribulclrss I County of Mlianisson I Texas Parks, & Wildliff., I CONANP I E,,r.. Powered by E�ri Petitioned for ETJ Removal GEORGETOWN KEYSTONE GT LLC Berry Sprlege Or Berry Cerr®lery I 1 1 \ l T � a � � v 1 � A � v �\ \ ® Property Georgetown ETJ City limits 0 J 300 600 US Feet