Ordinance 2003-30

AN ORDINANCE ANNEXING A SPARSELY OCCUPIED 3.13 (+/-) ACRE TRACT OF LAND ON PETITION OF PREVIOUS AREA LANDOWNERS, HAL BERDOLL AND LISA BERDOLL, PURSUANT TO SECTION 43.028 OF THE LOCAL GOVERNMENT CODE, AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Bastrop, Texas, finds that the requirements of Section 43.028 of the Local Government Code have been met, to-wit; that the area to be annexed is:

1. Less than one-half mile in width; and

2. continuous to the existing city limits of Bastrop; and

3. has less than three (3) qualified voters residing thereon; and

4. that the owners have properly petitioned the City Council, in writing, to annex
the 3.13 (+/-) acre area described by metes and bounds in Exhibit “A” and
by sketch in Exhibit “B”, attached hereto and made a part hereof, and

WHEREAS, the City staff has prepared a Service Plan for the area to be annexed, and said Service Plan is attached hereto as Exhibit “C”; and

WHEREAS, the City Council of the City of Bastrop further finds that the required notices have been given and the required public hearings held, pursuant to Section 43.052 of the Local Government Code; NOW THEREFORE:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:

PART 1: That the 3.13 (+/-) acre real property area described in Exhibits “A”
and “B” attached hereto and made a part hereof be, and it is hereby,
annexed, and the city limits of the City of Bastrop are hereby extended so
as to include said tract of land.

PART 2: The service plan for the annexed area attached hereto as Exhibit “C” is
hereby approved as part of this Ordinance.

PART 3: That this Ordinance shall take full force and effect immediately upon
passage and approval and in accordance with the laws of the State of
Texas.

PART 4: The City Secretary is hereby directed to file a certified copy of this
Ordinance, together with a copy of the Owner’s Petition, in the office of
the Bastrop County Clerk and to file a certified copy of this Ordinance
with other appropriate officials and agencies, as required by state and
federal law.

READ and APPROVED on First Reading on the 23rd day of September 2003.
READ and ADOPTED on Second Reading on the 14th day of October 2003.

APPROVED:


Tom Scott, Mayor

ATTEST:


Teresa Miertschin, City Secretary

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EXHIBIT "A"

CARSON AND BUSH
PROFESSIONAL SURVEYORS, INC.

1904 FORTVIEW ROAD
AUSTlN, TX TSTQ4
TELEPHONE: (512) 442-0990
FACSIMILE: (512) 442-1084

JUNE 20, 2003

FIELD NOTE DESCRIPTION OF 3.13 ACRES OF LAND OUT OF THE NANCY BLAKEY SURVEY ABSTRACT No. 98 IN BASTROP COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN (150.649 ACRE) TRACT OF LAND AS CONVEYED TO HAL BERDOLL AND LISA BERDOLL BY WARRANTY DEED RECORDED IN VOLUME 631 PAGE 469 OF THE OFFICIAL RECORDS OF BASTROP COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING FOR REFERENCE at a 1/2" iron rod found in the East right-of-way line of State Highway No. 304 and In the West line of that certain (160.549 acre) tract of land as conveyed to Hal Berdoll and Lisa Berdoll by Warranty Deed recorded In Volume 631 Page 409 of the Official Records of Bastrop County, Texas, for the westerly Northwest corner of that certain (145 697 acre) tract of land as conveyed to Brundage Bastrop, Ltd by deed recorded in Volume 1130 Pago 14 of the Official Records of Bastrop County, Texas, and from which a broken Concrete right-.of-way monument found In the East right-of-way line of State Highway No. 304 bears S 11 deg. 27' 40'W 5226.29 ft.. and also from which en aluminum capped Iron rod found (stamped *TxDot') at the base of a telephone pedestal bears N 11 deg. 19' 55" E 213.25 ft;

THENCE leaving the East right-of-way line of State Highway No. 304 and entering the interior of said Berdoll (150.549 acre) tract with a line of said Brundage Bastrop (145.697 acre) tract, S 78 deg. 32' 11" E 100.00 ft. to a point of Intersection with an Annexation Line of record in Volume 679 Page 179 and Volume 684 Page 684 of the Official Records of Bastrop County, Texas, for the Southwest corner and PLACE OF BEGINNING of the herein described tract;

THENCE continuing across the interior of said Berdoll (160.549 acre) tract with sold Annexation Line, the following three (3) courses;

1) N 11 deg. 19' 55" E 145,78 It.;
2) N 48 deg. 25' 03" E 232.13 ft.;
3) N 69 deg.52' 00" E 292.22 ft. to a point of intersection with a line of said Brundage Bastrop (14.697 acre) tract, for the Northeast corner of this tract, and from which a 1/2" iron rod found in the South right-of-way line of Stale Highway No. 71 bears N 11 deg. 26' 18" E 102.09 ft.;

THENCE continuing across the Interior of said Berdoll (150.549 acre) tract with a line of said Brundage Bastrop (145.697 acre) tract, the following two (2) courses;

1) S 11 deg. 28' 18" W 390.01 ft. to a 1/2' Iron rod found;
2) N 78 deg. 32' 11" W 425.41 ft, to the PLACE OF BEGINNING, containing 3.13 acres of land,

PREPARED. June 20, 2003.



Hell Carson
Registered Professional Land Surveyor No. 5166

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CITY OF BASTROP MUNICIPAL SERVICE PLAN

DESCRIPTION

The City of Bastrop has initiated annexation of 3.13 acres out of the Nancy Blakey Survey, Bastrop County (see attached legal description). The Bastrop city limit currently crosses the property along the State Highway 71 and State Highway 304 frontage as does water and wastewater lines.

SCHEDULE OF MUNICIPAL SERVICES

Public Safety - Police, Animal Control, Fire

Current Services provided: None

Service availability: All services can be provided with existing staff

Projected demand: As the property will be the site of small businesses; no
significant increase in service demand is anticipated from this annexation.

Public Health - Solid Waste Service, Sanitary Sewer Service, Water Service, Health Code Enforcement

Current Services provided: none

Service availability: Solid waste, water, wastewater and health code services can
be provided at this time.

Projected demand: As the property will be the site of small businesses; no
significant increase in service demand is anticipated from
this annexation.

Public Welfare - Planning and Zoning, Traffic Engineering, Building Inspection, Storm Drainage, Street Lighting, Road Maintenance, Other Capital Improvements

Current Services provided: The City of Bastrop provides planning and zoning services for the surrounding properties, both inside the City and within the ETJ.

Service availability: Currently, the State of Texas provides traffic engineering, storm drainage, street lighting, and road maintenance along the property's frontage. No capital improvements are currently anticipated.

Projected demand : The proposed project is currently going through site-plan review. All costs of development are born by the private sector. No increase in demand for City services are
foreseen at this time

Public Services - Library Services, Parks and Recreation Services, Code Enforcement, Miscellaneous Services

Current Services: provided Access to library and park services is not limited to the citizen's of Bastrop and are currently available to this area. No other services are provided at this time.

Service availability: There is current capacity to provide services to this area

Projected demand: As the property is being developed for commercial use, there will be no increased demand for library or recreational services. As the property will be the site of a small business, no increases in code enforcement services are anticipated from this annexation.

FISCAL ANALYSIS

There will be little or no near term costs to the City from the proposed annexation of the property.

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Exhibit 3-1

ANNEXATION PETITION

TO THE MAYOR AND GOVERNING BODY OF THE CITY OF BASTROP, TEXAS:

The undersigned owner(s) of the hereinafter described tract of land, which is vacant and without residents, or on which less than three (3) qualified voters reside, hereby petition your honorable body to extend the present city limits so as to Include as a part of the City of Bastrop, Texas, the following described territory, to wit;

(Describe the-territory to be annexed by metes find bounds here: )
- See Exhibits A and B survey plat and field note.

1/We certify that the above described tract of land is contiguous to the City of
Bastrop, Texas, is not more than one-half (1/2) mile in width and that this petition is signed and duly acknowledged by each and every person or corporation having an interest in said land.

THE STATE OF TEXAS
COUNTY OF TRAVIS

Before me, the undersigned authority, on this day personally appeared
Susan Helgren, known to me to be the person whose name is subscribed the foregoing instrument and acknowledged to me that he or she executed the same for purposes and consideration therein expressed.

Given under my hand and seal of office. this 16th day of June, 2003.
My commission expires: July 29, 2003

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CERTIFICATE TO COPY OF PUBLIC RECORDS


STATE OF TEXAS
COUNTY OF BASTROP

I hereby certify, in the performance of the functions of my office, that the attached instrument is a full, true and correct copy of (1) Annexation Ordinance No. 2003-30 AN ORDINANCE ANNEXING 3.13 (+/-) ACRE TRACT OF LAND, PURSUANT TO SECTION 43.028 OF THE LOCAL GOVERNMENT CODE; and (2) City of Bastrop Municipal Service Plan, as the same appears of record in my office and that said document is an official record from the public office of the City Secretary of Bastrop, Bastrop County, State of Texas, and is kept in said office.
I further certify that I am City Secretary, that I have legal custody of said record and that 1 am lawful possessor and keeper and have legal custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official seal of said office this 14th day of October 2003.


Teresa Miertschin, City Secretary

Bastrop County
State of Texas