Ordinance 2004-19

AN ORDINANCE ANNEXING A SPARSELY OCCUPIED 8.683 (+/-) ACRE TRACT OF LAND ON PETITION OF AREA LANDOWNERS, BRADLEY DUFF AND ROBERT DUFF, TRUSTEES, 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:

4. that the owners have properly petitioned the City Council, in writing, to annex the 8.683 (+/-) 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:

PART 1: That the 8.683 (+/-) 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 22rd day of June 2004.
READ and ADOPTED on Second Reading on the 27th day of July 2004.

ATTEST:

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

FIELD NOTES FOR AN 8.683 ACRE TRACT IN THE NANCY BLAKEY SURVEY, BASTROP COUNTY, TEXAS.

BEING an 8.683 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 144.92 acre tract as described in a deed to John B. Duff and Robert Duff as recorded in Volume 558, Page 504, 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 north line of State Highway No. 71, the southwest corner of Lot 1, the McCoys Subdivision, a subdivision in Bastrop County as recorded in Plat Cabinet 3, Page 27B, Bastrop County Plat Records, for the most southerly southeast corper of this tract.

THENCE with the north line of State Highway No. 71, S 89 deg. 33 min. 00 sec. W, 610.00 feet to a 5/8 inch iron rod set for the southwest corner of this tract.

THENCE N 00 deg. 27 min. 00 sec. W, 300.00 feet to a 5/8 inch iron rod set for an angle corner; N 89 deg. 33 min. 00 sec. E, 205.00 feet to a 5/8 inch iron rod set for an interior corner; N 00 deg. 27 min. 00 sec. W, 450.00 feet to a 5/8 inch iron rod set for the northeast corner of this tract.

THENCE N 89 deg. 33 min. 00 sec. E, 665.00 feet to a 5/8 inch iron rod set for the northeast corner of this tract.

THENCE S 00 deg. 27 min. 00 sec. E, 50.00 feet to a 5/8 inch iron rod found for the northeast corner of the before mentioned Lot 1, for the most northerly southeast corner of this tract.

THENCE with the north and east lines of said Lot 1, S 89 deg. 33 min. 00 sec. W, 260.00 feet to a 5/8 inch iron, rod found for an interior corner of this tract; S 00 deg. 27 min. 00 sec. E, 700.00 feet to the POINT OF BEGINNING, containing 8.683 acres of land.

Dale L. Olson OR Michael D. Olson
Reg. Pro. Land Surveyor 1753 Reg. Pro. Land Surveyor 5386
©2003 Dale L. Olson Surveying Co. Order #: 162003 Date Created: 04/2 1/04

The City of Bastrop has initiated annexation of 8.683 acres out of the Nancy Blakey Survey, Bastrop County (see attached legal description) at the request of the owner. The Bastrop city limit currently abuts the property along all but 20 feet of its border.

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 self service warehouse
and storage facility; 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 extension of service lines from the adjacent property.

Projected demand: As the property will be the site of a small 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.

Projected demand: The proposed project is currently going through zoning review with platting and site development yet to be submitted. 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 increases in code enforcement services are anticipated from this annexation.

There will be little or no near term costs to the City from the proposed annexation of the property.

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 Texas, the following
described territory, to wit:

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

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.

J. Bradley Duff, Trustee
Owner's signature #1

THE STATE OF TEXAS,
COUNTY OF HARRIS,

Before me, the undersigned authority, on this day personally appeared
J. Bradley Duff 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 21 day of April, 2004.

Suzanne R. Broecka
Notary Public in and for the State of Texas
My commission expires: 04-17-05

Robert E. Duff, Trustee.
Owner's signature #2