AN ORDINANCE ANNEXING
A SPARSELY OCCUPIED 69.296 (+/-) ACRE TRACT OF LAND TOGETHER WITH
LOT 1, SCHAEFER WEST SUBDIVISION OUT OF THE NANCY BLAKEY SURVEY; AND
A SPARSELY OCCUPIED 242.006 (+/-) ACRE TRACT OF LAND OUT OF THE MOZEA
ROUSSEAU SURVEY, ON PETITION OF AREA LANDOWNERS, DM PECAN PARK ASSOCIATES,
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 69.296 (+/-) acres together with Lot l, Schaefer West
Subdivision out of the Nancy Blakey Survey; and .242.006 (+/-) acres
of land out of the Mozea Rousseau Survey in Bastrop County, Texas
and 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
real property area consisting of 69.296 (+/-) acres together with
Lot 1, Schaefer West Subdivision out of the Nancy Blakey Survey; and
242.006 (+/-) acres of land out of the Mozea Rousseau Survey in Bastrop
County, Texas described in Exhibits "A" and "B"
attached hereto and made a part hereof be, and is hereby, annexed,
and the city limits of the City of Bastrop are hereby extended so
as to include said tracts 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 ACKNOWLEDGED on First Reading on the 11th day of January
2005.
READ and ADOPTED on Second Reading on the 25th day of January 2005.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Valdez, City Secretary
EXHIBIT
"A"
FIELD NOTE DESCRIPTION OF 69.296 ACRES OF LAND OUT OF THE NANCY
BLAKEY SURVEY, ABSTRACT NO. 98, IN BASTROP COUNTY, TEXAS, AND BEING
A PORTION OF THAT CERTAIN (74.347 ACRE) TRACT OF LAND CONVEYED TO FRANCIS
SCHAEFER BUCKHAULTS, JULIA JEAN RABEN8BURG, AND LYNN MARI SCHAEFER OUALLINE
IN A DEED AS RECORDED IN VOLUME S53 PAGE 684 OF THE OFFICIAL RECORDS
OF BASTROP COUNTY, TEXAS, TOGETHER WITH ALL OF LOT I OF SCHAEFER WEST,
A SUBDIVISION IN BASIROP COUNTY, TEXAS, ACCORDING TO THE MAP OR FLAT
THEREOF RECORDED IN CABINET 2 PAGE 399E OF THE PLAT RECORDS OF BASTROP
COUNTY, TEXAS.
See remainder of Exhibit A and detail on Exhibit B at the Bastrop
Public Library catalog under "Code
of Ordinances".
Exhibit
"B"
Exhibit
"C"
CITY
OF BASTROP
MUNICIPAL SERVICE PLAN
DESCRIPTION
The City of Bastrop has initiated
annexation of 69.296 acres together with Lot l, Schaefer West Subdivision
out of the Nancy Blakey Survey Abstract No, 98, Bastrop County (see
attached legal description and 242.006 acres out of the Mozea Rousseau
Survey, Abstract No. 56, Bastrop County (see attached legal description)
at the request of the owner. The Bastrop city limit currently abuts
the property on two sides.
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 : The property is currently planned as commercial and
residential. Police, Animal Control and Fire services will
be provided.
Public Health -
Solid Waste Service, Sanitary Sewer Service, Water Service, Health Code
Enforcement
Current Services provided:
None
Service availability: Solid waste and health code services can be provided
at this time. Water and wastewater service is generally available to
the property, as the property has water and wastewater facilities along
its North boundary. Service to the entire property will require developer
installation of internal facilities as a part of platting. Due to the
size of the tract and topography, certain off site improvements will
also be required at the time of development to access existing utility
facilities.
Projected demand: Current projected demand can be accommodated by existing
and planned utility system expansions.
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 highway frontage. No capital improvements are currently
anticipated.
Projected demand: The proposed project is currently going through zoning
review. Any costs of annexation will be 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 is the site of a small business, no increase 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.
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:
69.296 acres together with
Lot 1, Schaefer West Subdivision (See Attached Exhibit "A"
- metes and bounds description and survey plat
242.006 acres being comprised
of 189.952 acres, 1.863 acres, 20.019 acres, 22.144 acres, 6.528 acres
andl.50 acres. (See Attached Exhibit "B" - metes and bounds
description and survey plat.
I/We certify that the above
described tracts of land are contiguous to the City of Bastrop, Texas,
are 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
ha ng an interest in said land.
DM PECAN PARK ASSOCIATES, LTD
THE STATE OF TEXAS
COUNTY OF BASTROP
Before me, the undersigned
authority, on this day personally appeared Duke McDowell, General Partner
of DM Pecan Park Associates, LTD, known to me to be the person whose
name is subscribed to the foregoing ins4rument and acknowledged to me
that he or she executed the same for purposed and consideration therein
expressed.
Given under my hand
and seal of office, this 4th day of November 2004.
Melinda Anne Lewis
Notary Public in and for the State of Texas.
STATE OF TEXAS
COUNTY OF BASTROP
CERTIFICATE TO COPY OF PUBLIC RECORDS
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. 2005-10 AN ORDINANCE ANNEXING 69.296 ACRE TRACT
OF LAND, TOGETHER WITH LOT 1, SCHAEFER WEST SUBDIVISION OUT OF THE NANCY
BLAKEY SURVEY; AND 242.006 ACRE TRACT OF LAND OUT OF THE MOZEA ROUSSEAU
SURVEY, PURSUANT TO SECTION 43.028 OF THE LOCAL GOVERNMENT CODE;
(2) Annexation Petition; and (3) 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 I 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 25th day of January 2005.
Teresa Valdez
City Secretary
Bastrop County
State of Texas
