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:

Tom Scott, Mayor
ATTEST:

Teresa Miertschin, City Secretary

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


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.

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.

Notary Public and for the State of Texas