Ordinance 2002

AN ORDINANCE ANNEXING A SPARSELY OCCUPIED 0.581 (+/-) ACRE TRACT OF LAND ON PETITION OF AREA LANDOWNERS, WELLS FARGO BANK TEXAS, N.A., 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 0.581 (+/-) acre out of the Nancy Blakey Survey, and being all of Lot 1, Victoria Bank and Trust, Bastrop Subdivision, and being 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 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 0.581 (+/-) acre real property area described in Exhibit "A"
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: 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 3: 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.

READ AND ACKNOWLEDGED on First Reading on the 24th day of September 2002.
READ AND ADOPTED on Second Reading on the 8th day of October 2002.

APPROVED:

Tom Scott, Mayor

FOR 0.581 ACRE TRACT OF LAND SITUATED IN BASTROP COUNTY, TEXAS, OUT OF NANCY BLAKEY SURVEY, AND BEING ALL OF LOT 1, VICTORIA BANK & TRUST, BASTROP SUBDIVISION OF RECORD IN CABINET 2, PAGE 386B OF THE PLAT RECORDS OF BASTROP COUNTY, TEXAS; SAID 0.581 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 1/2 inch iron rod found in the northerly line of State Highway 71, (300' ROW) for the southeasterly corner of said Lot 1 and hereof, same iron rod being the southwesterly corner of Lot 2 of said Victoria Bank & Trust, Bastrop Subdivision, and from which a 1/2 inch iron rod found for the southernmost, southeasterly corner of said Lot 1, Block B Bastrop West Commercial Section 1, a subdivision of record in Cabinet 2, Page 267 B of the Plat Records of Bastrop County, Texas, same iron rod being at the intersection of the northerly line of Interstate Highway 71 and the curving west line of Hasler Boulevard, bears S66°54'12"E, a distance of 492.81 feet;

THENCE N66°54'12"W, along the northerly line of State Highway 71, same being the southerly line of said Lot 1 and hereof, a distance of 162.39 feet to a 1/2 inch iron rod found for the southwesterly corner of said Lot 1 and hereof, same iron rod being the southernmost, southeasterly corner of that certain tract of land conveyed to Bastrop Ford & Mercury, Inc. as evidenced by document of record in Volume 449, Page 167 of the Deed Records of Bastrop County, Texas;

THENCE N00°31'20"E, leaving the northerly line of State Highway 71, along the southeasterly line of said Ford & Mercury tract, same being the westerly line of said Lot 1 and hereof, a distance of 137.60 feet to a 1/2 inch iron rod with a BPI cap set for the westernmost, southwesterly corner of Lot 2 of said Victoria Bank & Trust, Bastrop Subdivision, same iron rod being the northwesterly corner of said Lot 1 and hereof;

FN NO. SA02-50.PVH
APRIL 10, 2002

THENCE leaving the southeasterly line of said Ford & Mercurytract, along the common lines of said Lot 1 and Lot 2, the following two (2) courses and distances:

I, JAMES W. RUSSELL, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED TO ACCOMPANY THIS DESCRIPTION.

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:

I/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 and interest in said land.

Before me, the undersigned authority, on this day personally appeared

known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for purposes and consideration therein expressed.

The City of Bastrop has initiated annexation of 0.581 acres out of the Nancy Blakey Survey, and being all of Lot 1, Victoria Bank and Trust Bastrop County (see attached legal description). The Bastrop city limit currently abuts the eastern edge of this parcel.

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 a relocated existing business no increases in services are 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, and health code services can be provided at this time.
Projected demand: As the property will be the site of a relocated existing business no increases in services are 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 O'Reilly's Auto Parts store 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 as commercial use there will be no increased demand for library or recreational services. As the property will be the site of a relocated existing business no increase in code enforcement services are anticipated from this annexation.

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

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. 2002-27 AN ORDINANCE ANNEXING A SPARSELY OCCUPIED 0.581 (+/-) ACRE TRACT OF LAND ON PETITION OF AREA LANDOWNERS, WELLS FARGO BANK, TEXAS N.A., PURSUANT TO SECTION 43.028 OF THE LOCAL GOVERNMENT CODE; (2) Petition for Annexation: Territory in Which There are Fewer Than 3 Voters: submitted by Wells Fargo Bank, Texas N.A.; and 3) City of Bastrop Municipal Service Plan for the 0.581 acre tract, 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 8th day of October 2002.

Ordinance 2002-27