City of Bastrop seal.City of Bastrop

Ordinance 2003-22


ORDINANCE NO. 2003-22

AN ORDINANCE ANNEXING A SPARSELY OCCUPIED 25.654 (+/-) ACRE TRACT OF LAND ON PETITION OF AREA LANDOWNER, SMITHVILLE HOSPITAL AUTHORITY, d/b/a SMITHVILLE REGIONAL HOSPITAL, 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:
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 25.654 (+/-) 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 25.654 (+/-) 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



EXHIBIT"A"

DALE L. OLSON
REGISTERED PROFESSIONAL SURVEYOR

711 WATER STREET
BASTROP, TEXAS 78602
(512) 321-5476 Fax (512) 303-5476


FIELD NOTES FOR A 25.654 ACRE TRACT IN THE NANCY BLAKEY
SURVEY IN BASTROP COUNTY, TEXAS.

BEING a 25.654 acre tract or parcel of land out of and being a part of the Nancy Blakey Survey, A-98, in Bastrop County, Texas, and being a part of that certain 5.711 acre tract described in a deed from Allen L. McMurrey, Jr., et ux, to Robert B. King and wife, Vicki L. King, recorded in Volume 540, Page 814, Bastrop County Deed Records, and being a part of that certain 1.378 acre tract described in a deed from Allen L. McMurrey, Jr., et al, to Robert B. King and wife, Vicki L. King, recorded in Volume 556, Page 178, Bastrop County Deed Records; being a part of that certain 27.820 acre tract described in a deed from Allen L. McMurrey, Jr., et al, to Robert King and wife, Vicki King, recorded in Volume 590, Page 312, Bastrop County Deed Records. Herein described tract or parcel being more particularly described by metes and bounds as follows.

BEGINNING at a 1/2 inch iron rod found at a fence corner in the north line of Block D of Replat No. 3 Block C, Bastrop West Commercial Section 1, a subdivision as recorded in Plat Cabinet 3, Page 14A, Bastrop County Plat Records, the southeast comer of Autumn Hills Subdivision as recorded in Plat Cabinet No. 2, Page 385 A, Bastrop County Plat Records, the southwest comer of the said, 27.820 acre tract, for, the southwest comer of this tract.

THENCE with the east line of Autumn Hills Subdivision, a lower west line of the 27.820 acre tract, N 00 deg. 31 min. 35 sec. W, 401.18 feet to a concrete nail found for the northeast comer of Autumn Hills Subdivision and an interior comer of the said 27.820 acre tract, for an interior comer of this tract.

THENCE with the north line of Autumn Hills Subdivision, S 89 deg. 31 min. 35 sec. W, 85.06 feet to a 1/2 inch iron rod found at a fence corner, a southeast comer of BISD Intermediate Subdivision as recorded in Plat Cabinet 2, Page 359B, Bastrop County Plat Records, an angle comer of the said 27.820 acre tract, for an angle corner of this tract.

THENCE with the east line of the BISD Subdivision and west line of the said 27.820 acre tract, N 00 deg. 34 min. 58 sec. W, at 771.48 feet pass a 1/2 inch iron rod found at a fence corner, in all, 781.57 feet to a 1/2 inch iron rod found where same comer in the south line of the M.A. Prokop 13.46 acre tract as recorded in Volume 213, Page 442, Bastrop County Deed Records, for the northwest corner of this tract.

THENCE with the south line of the Prokop 13.46 acre tract and north line of the said 27.820 acre tract, N 89 deg. 30 min. 16 sec. E, 884.24 feet to a point on the low bank of the Colorado River, for the northeast corner of this'tract, from which a 1/2 inch iron pipe found for reference on bank of said river bears S 89 deg. 30 min. 16 sec. W, 34.00 feet.

THENCE with the meanders of the low bank of the Colorado River, S 14 deg. 10 min. 17 sec. W, 125.51 feet to a point; S 22 deg. 23 min. 46 sec. E, 67.91 feet to a point; S 38 deg. 41 min. 19 sec. E, 475.31 feet to a 518 inch iron rod set for an angle corner of this tract, same being the north comer of that certain 8.299 acre tract as described in a deed from Robert B. King and wife, Vicki L. king to James C. Degelia and wife, Rikki G. Degelia, as recorded in Volume 938, Page 255, Bastrop County Deed Records.

THENCE leaving said river with the northwest line of the Degelia 8.299 acre tract, S 50 deg. 40 min. 24 sec. W, 288.00 feet to a 5/8 inch iron rod set for an interior comer of this tract.

THENCE with.continuing the west line of the Degelia 8.299 acre tract, S 00 deg. 20 min. 00 sec. W, 442.32 feet to a 5/8 inch iron rod set in the south line of the before mentioned 5.711 acre tract, the southwest comer of the Degelia 8.299 acre tract, for the southeast comer of this tract.

THENCE with the south line of the said 5.711 acre and 27.820 acre tracts, S 89 deg. 22 min. 27 sec. W, at 16.00 feet pass the southwest corner of the said 5.711 acre tract and southeast corner of the 27.820 acre tract, at 22.61 feet pass a 1/2 inch iron rod found at the northeast corner of Lot 1B, of the Resubdivision of Lot I Block C, Bastrop West Commercial, as recorded in Plat Cabinet 3, Page 44B, Bastrop County Plat Records, at 634.14 feet pass the northwest corner of Lot ]A, Block C, at 721.46 feet pass the northeast comer of Lot 2, Block D, in all 854.47 feet to the POINT OF BEGINNING, containing 25.654 acres of land.

Signature of Dale Olson, Registered Professional Land Surveyor.
Dale L. Olson

Registered Professional
Land Surveyor
Reg. No. 1753
Order #149997


Exhibit "B": Nancey Blakey Survey A-98.


EXHIBIT "C"

CITY OF BASTROP
MUNICIPAL SERVICE PLAN

DESCRIPTION

The City of Bastrop has initiated annexation of +25.654 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 at this time
.
Projected demand: As the property will be the site of a hospital, eventual
increases in services, as the facility grows, can be
anticipated from this annexation. This would be primarily
involved with emergency room operations.

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 hospital eventual increases in services can be anticipated, as the facility grows, 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 City of Bastrop provides traffic engineering, storm drainage, street lighting, and road maintenance along the property's transportation access corridor. Current capital improvements on Old Austin Highway are anticipated to adequately serve the hospital for the near term future.

Projected demand:

The proposed project will go through site-plan review. Development of several access points will be included in the development requirements for the project's ultimate build-out. While traffic demand will increase, City services are adequate along with development of an enhanced internal circulation system. All costs of development are born by the private sector.

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 a hospital, specialized library services may eventually be desired. The property contains acreage along the Colorado River suitable for recreational uses. A trail or park amenity may be desirable along this stretch of the river at a future time.

FISCAL ANALYSIS

There will be little or no near term costs to the City from the proposed annexation of the property. Some potential does exist for participation by the City in projects of mutual benefit.


PETITION REQUESTING ANNEXATION
TERRITORY IN WHICH THERE ARE FEWER THAN 3 VOTERS

TO THE MAYOR AND GOVERNING BODY OF THE CITY OF BASTROP, TEXAS

The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which less than three qualified voters reside, herein petition your Honorable body to extend the present city limits pursuant to Local Government Code, Sect. 43.028, as to include as part of the City of Bastrop, Texas, the following described territory, to-wit:

Tract 1: Being 25.654 acres of land, more or less, out of and a part of the NANCY BLAKEY SURVEY, Abstract No. 98, Bastrop County, Texas, said 25.654 acre tract being more particularly described by metes and bounds on Exhibit "A" attached hereto and made a part hereof for all purposes.

Tract 2: Non-exclusive easement estate described in deed executed by Allen L. McMurrey, Jr., et al to Robert King and Vicki King, recorded in Volume 590, Page 312, Official Records of Bastrop County, Texas, said easement estate being more particularly described by metes and bounds on Exhibit "B" attached hereto and made a part hereof for all purposes.

Tract 3: Non-exclusive roadway easement as described in that one certain easement for right-of-way dated June 12, 1985, recorded in Volume 378, Page 102, Official Records of Bastrop County, Texas, and recorded in Plat Cabinet #2, Page 312-A, Plat Records of Bastrop County, Texas.

We certify that the above described tract of land is contiguous and adjacent to the City of Bastrop, Texas, is not more than one-half (1/2) mile in width, and that this petition is signed and acknowledged by each and every person or entity having an interest in said land.

SMITHVILLE HOSPITAL AUTHORITY, d/b/a SMITHVILLE REGIONAL HOSPITAL

Signature of Dennis Jack, CEO of Smithville Hospital.



THE STATE OF TEXAS
COUNTY OF BASTROP

This instrument was acknowledged before me on this the 30th day of April , 2003, by Dennis Jack of SMITHVILLE HOSPITAL AUTHORITY, d/b/a SMITHVILLE REGIONAL HOSPITAL.

Signature and seal of Kristen Perkins, Notary Public.
Notary Public - State of Texas
My Commission Expires: 11- 12-06

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