AN ORDINANCE GRANTING
A REQUEST TO REZONE FROM “AOS” – AGRICULTURAL OPEN
SPACE TO COMMERCIAL DISTRICT, FOR A 3.13 +/- ACRE TRACT OF LAND OWNED
BY SUSAN HELGREN, WHICH IS LOCATED AT THE INTERSECTION OF STATE HWY
- 71 WEST AND STATE HWY 304, BASTROP COUNTY, TEXAS; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, Susan
Helgren (hereinafter referred to as “Applicant”) submitted
a request to rezone, from zoning designation “AOS” –
Agricultural Open Space to zoning designation “C-1” –
Commercial District (Heavy/Light), a 3.13 +/-acre tract of land located
at the Intersection of State HWY 71 West and State HWY 304, in Bastrop,
Texas, and legally described as:
BEGINNING FOR REFERENCE
at a ½? iron rod found in the East right-of-way line
of State Highway No. 304 and in the West line of that certain (150.549
acre) tract of land as conveyed to Hal Berdoll and Lisa Berdoll by
Warranty Deed recorded in Volume 631 Page 489 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 Page 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 an 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 718 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 (150.549 acre) tract
with said Annexation Line, the following three (3) courses:
1) N. 11
deg. 19’ 55” E 145.78 ft.;
2) N 48 deg. 25’ 03” E 232.13 ft.;
3) N 89 deg. 52’ 00” E 292.22 ft. to a point of intersection
with a line of said Brundage Bastrop (145.697 acre) tract, for the
Northeast corner of this tract, and from which ½? iron rod
found in the South right-of-way line of State Highway No. 71 bears
N 11 deg. 28’ 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 courses:
1) S11
deg. 28’ 18” W 390.01 ft. to a ½? iron rod found;
2) N 78
deg. 32’ 11” W 425.41 ft. to the PLACE OF BEGINNING, containing
3.13 acres of land.
WHEREAS, the intended use of the Property is for
commercial purposes; and
WHEREAS,
pursuant to Section 10.4 of the City’s Zoning Ordinance, notice
of the rezoning request was given to all property owners located within
two hundred feet of the Property, and the Planning and Zoning Commission
of the City of Bastrop held a public hearing on the Applicant’s
rezoning request August 14, 2003; and
WHEREAS,
after notice and hearing, the Planning and Zoning Commission has recommended
that the Property be rezoned C-1” Commercial (Light); and
WHEREAS,
pursuant to Section 10.4 of the City’s Zoning Ordinance, notice
of the rezoning request was given as required by the ordinance, and
the City Council of the City of Bastrop held a public hearing on the
Applicant’s rezoning request on September 23, 2003 to consider
the request; and
WHEREAS,
City Council finds that it is in the public interest approve rezoning
of the Property to “C-1 Commercial (Heavy/Light).
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP THAT:
Part 1: The tract
owned by the Applicant, said Property being more particularly described
a 3.13 +/- acre tract of land located at the Intersection of State
HWY 71 West and State HWY 304, in Bastrop, Texas is hereby rezoned
from designation “AOS” – Agricultural Open Space
to “C-1” Commercial District (Heavy/Light).
Part 2: This ordinance
shall take effect upon passage and in accordance with the laws of
the State of Texas.
READ and ACKNOWLEDGED
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
APPROVED
AS TO FORM:
Jo-Christy Brown
Brown Carls, LLP
City Attorneys
