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Ordinance 2004-7


ORDINANCE NO. 2004-7


AN ORDINANCE GRANTING A REQUEST TO REZONE FROM "AOS" - AGRICULTURAL OPEN SPACE TO HxPD-COMMERCIAL, FOR A 15.822 +/- ACRE TRACT OF LAND OWNED BY SABINE INVESTMENT COMPANY, WHICH IS LOCATED IN BASTROP COUNTY, TEXAS; AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, Sabine Investment Company (hereinafter referred to as "Applicant") submitted a request to rezone, from zoning designation "AOS" - Agricultural Open Space to zoning designation "HxPD-COMMERCIAL", a 15.822 +/-acre tract out of the Nancy Blakey Survey, A-98 located in Bastrop, Texas, and legally described by metes and bounds on Exhibit "A" attached hereto.

WHEREAS, the intended use of the Property is for planned development - residential purposes; and

WHEREAS, pursuant to Section 10.4 of the City's Zoning Ordinance, notice of the rezoning request was given to all property owners located within two hundred feet of the Property, and the Planning and Zoning Commission of the City of Bastrop held a public hearing on the Applicant's rezoning request April 8, 2004; and

WHEREAS, after notice and hearing, the Planning and Zoning Commission has recommended that the Property be rezoned "HxPD-COMMERCIAL"; and

WHEREAS, pursuant to Section 10.4 of the City's Zoning Ordinance, notice of the rezoning request was given as required by the ordinance, and the City Council of the City of Bastrop held a public hearing on the Applicant's rezoning request on April 13, 2004 to consider the request; and

WHEREAS, City Council finds that it is in the public interest approve rezoning of the Property to "HxPD-COMMERCIAL"

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP THAT:

Part 1: The tract owned by the Applicant, said Property being more particularly described a 15.822 +/-acre tract out of the Nancy Blakey Survey, A-98 located in Bastrop, Texas, is hereby rezoned from designation "AOS" - Agricultural Open Space to zoning designation "HxPDCOMMERCIAL"
hereby rezoned from designation "AOS" - Agricultural Open Space to zoning designation "HxPD-COMMERCIAL".

Part 2: This Ordinance shall take effect upon the date of final passage noted below, or when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of State of Texas.

READ and ACKNOWLEDGED on First Reading on the 13th day of April, 2004 READ and ADOPTED on Second Reading on the 27th day of April, 2004.

APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:
Signature of Teresa Valdez.
Teresa Valdez, City Secretary

APPROVED AS TO FORM:
Jo-Christy Brown
Brown Carls, LLP
City Attorneys



Exhibit A


DALE L. OLSON
Registered Professional Land Surveyor
711 Water Street
Bastrop, TX 78602
Phone (512) 321-5476 * Fax (512) 303-5476

FIELD NOTES FOR A 15.822 ACRE TRACT IN THE NANCY BLAKEY SURVEY, BASTROP COUNTY, TEXAS.

BEING a 15.822 acre tract, lot, 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 283.001 acre tract described In a deed from Karmen Ketha Townsend to Sabine Investments Company, dated March 15, 2001, recorded In Volume 1113, Page 870, Bastrop County Deed Records. Herein described tract or parcel of land being more particularly described by metes and bounds as follows:

BEGINNING at a 5/8 Inch Iron rod found In the west line of State Highway No. 304 and east line of the said 283.001 acre tract, at the Intersection of the south line of Home Depot Way, a 50 foot roadway as shown on the plat of Hunters Crossing, Section One-A, as recorded in Plat Cabinet 4, Page SOB, Bastrop County Plat Records, with the west line of State Highway No. 304 for the northeast comer of this tract.

THENCE continuing with the west line of State Highway No. 304 and east line of the said 283.001 acre tract, S 10 deg. 44 min. 28 sec. W, 936.97 feet of a 5/8 Inch iron rod set where same intersects the south line of a 100 foot LCRA easement for the southeast corner of this tract.

THENCE with the south line of said easement, N 77 deg. 13 min. 45 sec. W, 759.54 feet to a 5/8 Inch iron rod set for the southwest corner of this tract.

THENCE N 11 deg. 46 min. 35 sec. E, 827.58 feet to a 5/8 Inch iron rod set in the south line of the before said Home Depot Way, for the northwest comer of this tract.

THENCE with the south line of said Home Depot Way, N 88 deg. 38 min. 35 sec. E, 613.60 feet to a 5/8 inch iron rod found at the beginning of a curve to right.

THENCE with the said curve to the right whose radius is 180.00 feet; whose long chord bears S 85 deg. 18 min. 33 sec. E, 37.94 feet; 38.01 feet along the arc to a 5/8 inch iron rod found at the end of said curve.

THENCE S 79 deg. 15 min. 32 sec. E, 56.37 feet to a 5/8 Inch Iron rod found at the beginning of a cut-back curve to the right.

THENCE with said cut-back curve whose radius is 50.00 feet; whose long chord bears S 34 deg. 15 min. 32 sec. E, 70.71 feet; 78.54 feet along the arc to the POINT OF BEGINNING, containing 15.822 acres of land.

Dale L. Olson
Reg. Pro. Land Surveyor 1753
Order # 153000-1-4a
OR
Michael D. Olson
Reg. Pro. Land Surveyor 5386

Date Created: 02/13/04

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