AN ORDINANCE ANNEXING
A SPARSELY OCCUPIED 1.522 (+/-) ACRE TRACT OF LAND ON PETITION OF
AREA LANDOWNERS, LYNN OUALLINE AND JOHN WIETING, JR., 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 1.522 (+/-) 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
1.522 (+/-) 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 ACKNOWLEDGED on First Reading on the 14th day of September
2004.
READ and ADOPTED
on Second Reading on the 28th day of September 2004.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Valdez, City Secretary
EXHIBIT
A
Professional Land Surveying, Inc.
Surveying and Mapping
Office: 512-443-1724 Fax: 512-441-6987
2807 Manchaca Road
Building One Austin, Texas 78704
1.522 ACRES
BASTROP AUSTIN TELCO
ZONING DESCRIPTION
A DESCRIPTION OF
1.522 ACRES OF LAND IN THE NANCY BLAKEY SURVEY ABSTRACT NO. 98, BASTROP
COUNTY, TEXAS, BEING A PORTION OF A 2.000 ACRE TRACT OF LAND CONVEYED
TO LYNN SCHAEFER OUALLINE AND JOHN H. WIETING IN A WARRANTY DEED WITH
VENDOR'S LIEN, DATED APRIL 23, 1993 AND RECORDED IN VOLUME 664, PAGE
448 OF THE DEED RECORDS OF BASTROP COUNTY, TEXAS; SAID 1.522 ACRE
TRACT MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING
at a 1/2" rebarwith TxDOT aluminum cap found in the south rightof-way
line of State Highway No. 71 (right-of-way width varies), being the
northeast comer of the said 2.000 acre tract, being also the northwest
comer of a. 2.000 acre tract of land conveyed to Citizens State Bank
of Bastrop in a General Warranty Deed, dated July 9, 1986 and recorded
in Volume 426, Page 619 of the Deed Records of Bastrop County, Texas;
THENCE
South 01'32'01" East with the east-line of the 2.000 acre tract
and the west line of the said Citizens State Bank 2.000 acre tract,
a distance of 108.48 feet to a point in the existing City Limits of
the City of Bastrop for the POINT OF
BEGINNING;
THENCE
South 01°32'01" East with the east line of the 2.000 acre tract
and the west line of the said Citizens State Bank 2.000 acre tract,
a distance of 291.85 feet to a 1/2" rebar with cap found for the
southeast corner of the 2.000 acre tract, being the southwest corner
of the said Citizens State Bank 2.000 acre tract, being also the north
line of the remainder of a 74.347 acre tract of land conveyed to Frances
Schaefer Buckhaults, Julia Jean Rabensburg and Lynn Marie Schaefer Oualline
in a Deed, dated March 10, 1989 and recorded in Volume 533, Page 684
of the Deed Records of Bastrop County, Texas;
THENCE with the common line of the 2.000 acre tract
and the said remainder of 74.347 acre tract the following two (2) courses:
1. South 88°29'36" West, a distance of 198.86 feet to a 5/8"
rebar found;
2. North 01°29'52" West, a distance of 375.28 feet to a point
in the existing City Limits of the City of Bastrop, from which a 1/2"
rebar with TxDOT aluminum cap found in the
south right-of-way line of State Highway No. 71, being the northwest
corner of the 2.000 acre tract, being also a northeast corner of the
said remainder of 74.347 acre tract, bears North 01 °29'52"
West, a distance of 108.45 feet;
THENCE
South 68°43'41" East, with the existing City Limits of the
City of Bastrop, a distance of 215.47 feet to the POINT OF BEGINNING,
and containing 1.522 acres of land, more or less.
Surveyed on the ground
in April 14, 2004. Bearing Basis: Grid Azimuth for Texas Central Zone,
1983/93 HARN Values from LCRA Control Network. Attachments: Drawing
334-012-Z1.
Robert C. Watts, Jr.
Registered Professional Land Surveyor
State of Texas No. 4995
EXHIBIT "C"
CITY OF BASTROP MUNICIPAL SERVICE PLAN
DESCRIPTION
The City of Bastrop has
initiated annexation of 1.522 acres out of the Nancy Blakey Survey
Abstract No. 98, 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: As the property is small and proposed for a single
commercial use 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 by existing service lines.
Projected demand: As the property has service extensions across its
northern edge and is the site of a single business; 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 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.
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. 2004-32 AN ORDINANCE ANNEXING 1.522 (+/-) 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 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 28th day of September 2004.
Teresa Valdez
City Secretary
Bastrop County
State of Texas
