City of Bastrop seal.City of Bastrop

Ordinance 2003-21


ORDINANCE NO. 2003-21

AN ORDINANCE ANNEXING A SPARSELY OCCUPIED 4.060 (+/-) ACRE TRACT OF LAND ON PETITION OF AREA LANDOWNER, THE MERLE ARNOLD PROKOP, JR. REVOCABLE LIVING TRUST, 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 4.060 (+/-) 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 4.060 (+/-) 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 APPROVED on First Reading on the 22nd day of July 2003.
READ and ADOPTED on Second Reading on the 12th day of August 2003.

APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:
City Secretary Teresa Miertschin's signature.

Teresa Miertschin, City Secretary
City of Bastrop, Texas Official Seal.


Exhibit "A"

JAMES E. GABON
REGISTERED PROFESSIONAL
LAND SURVEYOR
Email: igaronut austin.rr.com

924 Main Street
Bastrop, Texas 78602
512-303-4185
Fax 512-321-2107

May 8, 2003


LEGAL DESCRIPTION FOR 4.060 ACRE TRACT OF LAND TO BE ANNEXED BY CITY OF BASTROP:

BEING A 4.060 ACRE TRACT OF LAND LYING IN AND SITUATED OUT OF THE NANCY BLAKEY SURVEY, ABSTRACT 98 IN BASTROP COUNTY, TEXAS AND BEING A PORTION OF THATCERTAIN 17.516 ACRE TRACT OF LAND CONVEYED TO THE MERLE ARNOLD PROKOP, JR. REVOCABLE LIVING TRUST BY DEED RECORDED IN VOLUME 617, PAGE 308 OF THE DEED RECORDS OF BASTROP COUNTY, TEXAS; SAID 4.060 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SURVEYED UNDER THE SUPERVISION OF JAMES E. GARON & ASSOCIATES IN APRIL, 2003:

BEGINNING at a point on the west line of said 17.516 acre tract at the current City Limit line of Bastrop Texas as annexed August 31, 1993 for the northwest corner hereof and from which the northwest corner of said 17.516 acre tract, lying on the southerly r-o-w line of State Highway 71 bears North 0°28'23" East a distance of 108.27 feet;

THENCE South 66°59'19" East a distance of 419.48 feet along said City Limit line, 100' from and parallel to said r-o-w line, to a point on the east line of said 17.516 acre tract and west line of Lot 1, Block "A"; Beck, NHP & Prokop Subdivision Section One as recorded by plat in Cabinet 3, page 181B of the plat records of Bastrop County, Texas;

THENCE South 0°30'38" West a distance of 376.16 feet along said line to an iron rod set for the proposed southeast corner of Lot 2, Block "A"; Beck, NHP & Prokop Subdivision Section Two;

THENCE North 89°31'20" West a distance of 387.21 feet to an iron rod set on the west line of said 17.516 acre tract for the proposed southwest corner of Lot 1, Block "A°; Beck, NHP & Prokop Subdivision Section Two;

THENCE North 0°28'23" East a distance of 536.91 feet along said west line to the POINT OF BEGINNING and containing 4.060 acres of land, more or less, and as shown on sketch of survey prepared herewith.

Surveyed by: James Garon
Registered Professional Land Surveyor
CompA; james\drawings\Bastrop\beck\annexation.doc

Surveror signature and seal:  Surveyed by: James Garon, Registered Professional Land Surveyor, CompA; james\drawings\Bastrop\beck\annexation.doc.,


Exhibit "b" detail map of Block "A".



Exhibit "C:

CITY OF BASTROP MUNICIPAL SERVICE PLAN

DESCRIPTION

The City of Bastrop has initiated annexation of 4.060 acres out of the Nancy Blakey Survey, Bastrop County (see attached legal description). The Bastrop city limit currently crosses the property along the State Highway 71 frontage as does water and wastewater lines.

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 small business no increase in services 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, and health code services can be
provided at this time.

Projected demand: As the property will be the site of a small business, no
increase in services 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 frontage. No capital improvements are currently anticipated.

Projected demand:

The proposed project 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 for commercial use,
there will be no increased demand for library or
recreational services. As the property will be 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.



Exhibit 3-1

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:

(Describe the territory to be annexed by metes and bounds here.)
(See attachment)

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 an interest in said land.

Owner's signature#1: Michael A. Prokop.

THE STATE OF TEXAS
COUNTY OF BASTROP

Before me, the undersigned authority, on this day personally appeared MICHAEL A. PROKOP, 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.

Given under my hand and seal of office, this 6th day of February, 2003.

Jennifer McPhaul's signature.

Notary Public and for the State of Texas

Seal of the Texas Notary Public Jennifer McPhaul.

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