City of Bastrop seal.City of Bastrop

Ordinance 2004-3


ORDINANCE NO. 2004-3

AN ORDINANCE GRANTING A REQUEST TO REZONE FROM "AOS" -
AGRICULTURAL OPEN SPACE TO HxPD-RESIDENTIAL, FOR A 25.31 +/- ACRE TRACT OF LAND OWNED BY SABINE INVESTMENT COMPANY, WHICH IS LOCATED AT IN BASTROP COUNTY, TEXAS; AND ESTABLISHING AN EFFECTIVE DATE.


WHEREAS, Sabine Investment Company (hereinafter referred to as "Applicant") submitted a request to rezone, from zoning designation "AOS" - Agricultural Open Space to zoning designation "HxPD-RESIDENTIAL", a 25.31 +/-acre tract out of the Nancy Blakey Survey, A98 located in Bastrop, Texas, and legally described by metes and bounds on Exhibit "A" attached hereto.

WHEREAS, the intended use of the Property is for planned development - residential purpose, 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 November 13, 2003; and

WHEREAS, after notice and hearing, the Planning and Zoning Commission has recommended that the Property be rezoned "HxPD-RESIDENTIAL"; 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 December 9, 2004, and January 13, 2004 to consider the request; and

WHEREAS, City Council finds that it is in the public interest approve rezoning of the Property to "HxPD-RESIDENTIAL"

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 25.31 +/-acre tract out of the Nancy Blakey Survey, A-98 located in Bastrop, Texas, is hereby rezoned from designation "AOS" - Agricultural Open Space to zoning designation "HxPDRESIDENTIAL"

Part 2: This Ordinance shall take effect upon the date of final passage noted below, or when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of State of Texas.

READ and ACKNOWLEDGED on First Reading on the 9th day of December 2003.
READ and ADOPTED on Second Reading on the 13th day of January 2004.

APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:

City Secretary's signature, Teresa Valdez.
Teresa Valdez, City Secretary


APPROVED AS TO FORM:
Jo-Christy Brown
Brown Carls, LLP
City Attorneys


EXHIBIT "A"

FIELD NOTES OF 25.31 ACRE TRACT
IN THE NANCY BLAKEY SURVEY,
BASTROP COUNTY, TEXAS


TRACT 1

BEING an 8.73 acre tract or parcel of land out of and being a part of the NANCY BLAKEY SURVEY, A-98, in Bastrop County, Texas, and being a part or portion of that certain 283.001 acre tract described in a deed from Karmen Ketha Townsend to Sabine Investment Company, dated March 15, 2001, recorded in Volume 1113, on Page 870, of the Bastrop County Deed Records, and being more particularly described by metes and bounds herein as follows:

COMMENCING at a 5/8" iron rod for the Southwest Corner of Hunter's Crossing Section One-A, as recorded in Plat Cabinet 4, on Page 50B, of the Bastrop County Plat Records, at the intersection of the West Right of Way Line of Hunter's Crossing Boulevard, a roadway as shown on the plat of the said Hunter Crossing Section One-A, with the South Boundary Line of the said Hunter's Crossing Section One-A, same being an interior 'L' corner of that certain 89.99 acre tract described in ANNEXATION NO. 2003-17 and recorded in Volume 1347, on Page 988 of the Official Records of Bastrop County, Texas;

THENCE N88°38'31"E, with the South Boundary Line of the afore said Hunter's Crossing Section One-A and a North Boundary Line of the afore said 89.99 acre Annexation tract, 155.00 feet, to a 5/8 inch iron rod for corner, same being at the intersection of the East Right of Way Line of the proposed extension of Hunter's Crossing Boulevard with the South Right of Way Line of Home Depot Way, a roadway as shown on the afore said Plat of Hunter's Crossing Section One-A, same being a Northeast Corner of the said 89.99 acre Annexation tract;

THENCE S7°23'23"W, with an East Boundary Line of the afore said 89.99 acre Annexation tract, 562.83 feet, to a point for corner in the center line of an LCRA easement as described in Volume C, on Page 417, Minutes of County Court of Bastrop County;

THENCE continuing with an East Boundary Line of the afore said 89.99 acre Annexation tract, S10°44'28"W, 180.00 feet, to a point for the BEGINNING POINT of this tract in the said East Boundary Line of the 89.99 acre Annexation tract, same being the Northwest Corner of this tract;

THENCE 577°13'45"E, 717.37 feet, to a point for the Northeast Corner of this tract;

THENCE S04°17'43"W, 437.62 feet, to a point for the Southeast Corner of this tract, same being a Northeast Corner of the afore said 89.99 acre Annexation tract;

THENCE S88°43'49"W, with a North Boundary Line of the afore said 89.99 acre Annexation tract, 776.63 feet, to the Southwest Corner of this tract, same being in interior 'L' corner of the said 89.99 acre Annexation tract;

THENCE N10°44'28"E, with an East Boundary Line of the afore said 89.99 acre Annexation tract, 588.06 feet, to the point and place of beginning and containing 8.73 acres of land.


TRACT 2

BEING a 16.58 acre tract or parcel of land out of and being a part of the NANCY BLAKEY SURVEY, A-98, in Bastrop County, Texas, and being a part or portion of that certain 283.001 acre tract described in a deed from Karmen Ketha Townsend to Sabine Investment Company, dated March 15, 2001, recorded in Volume 1113, on Page 870, of the Bastrop County Deed Records, and being more particularly described by metes and bounds herein as follows:

COMMENCING at a 5/8" iron rod for the Southwest Corner of Hunter's Crossing Section One-A, as recorded in Plat Cabinet 4, on Page 50B, of the Bastrop County Plat Records, at the intersection of the West Right of Way Line of Hunter's Crossing Boulevard, a roadway as shown on the plat of the said Hunter Crossing Section One-A, with the South Boundary Line of the said Hunter's Crossing Section One-A, same being an interior 'L' corner of that certain 89.99 acre tract described in ANNEXATION NO. 2003-17 and recorded in Volume 1347, on Page 988 of the Official Records of Bastrop County, Texas;

THENCE N88°38'31"E, with the South Boundary Line of the afore said Hunter's Crossing Section One-A and a North Boundary Line of the afore said 89.99 acre Annexation tract, 155.00 feet, to a 5/8 inch iron rod for corner, same being at the intersection of the East Right of Way Line of the proposed extension of Hunter's Crossing Boulevard with the South Right of Way Line of Home Depot Way, a roadway as shown on the afore said Plat of Hunter's Crossing Section One-A, same being a Northeast Corner of the said 89.99 acre Annexation tract;

THENCE S7°23'23"W, with an East Boundary Line of the afore said 89.99 acre Annexation tract, 562.83 feet, to a point for corner in the center line of an LCRA easement as described in Volume C, on Page 417, Minutes of County Court of Bastrop County;

THENCE continuing with an East Boundary Line of the afore said 89.99 acre Annexation tract, S10°44'28"W, 180.00 feet, to a point for the BEGINNING POINT of this tract in the said East Boundary Line of the 89.99 acre Annexation tract, same being the Northwest Corner of this tract;

THENCE N77°13'45"W, 296.46 feet, with the afore said center line of the LCRA easement, to a point for an interior 'L' corner of the afore said 89.99 acre Annexation tract, for the BEGINNING POINT of this tract, same being the Northeast Corner of this tract;

THENCE S1(P44'28"W, with a West Boundary Line of the afore said 89.99 acre Annexation tract, 827.99 feet, to the Southeast Corner of this tract at an interior 'L' corner of the said 89.99 acre Annexation tract;

THENCE S88°43'49"E, with a North Boundary Line of the afore said 89.99 acre Annexation tract, 1,113.55 feet, to a point for the Southwest Corner of this tract in the said North Boundary Line;

THENCE N 12°27'51"E, 429.81 feet, to a point for a Northwesterly Corner of this tract; THENCE S77°13'47'E, 481.64 feet, to an interior 'L' corner of this tract;

THENCE N10°44'28"E, 620.07 feet, to the Northwest Corner of this tract in the center line of the afore said LCRA easement, same being in a South Boundary Line of the afore said 89.99 acre Annexation tract;

THENCE S77°13'45"E, with the afore said center line of the LCRA easement and the afore said South Boundary Line of the 89.99 acre Annexation tract, 604.48 feet, to the point and place of beginning and containing 16.58 acres of land.

NOTE: This description was prepared by Sabine Investment Company from previous surveys, plats and descriptions.

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