AN ORDINANCE ANNEXING
A SPARSELY OCCUPIED 3.652 (+/-) ACRE TRACT OF LAND ON PETITION OF
AREA LANDOWNER, JANE H. WRIGHT 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 3.652
(+/-) acre area described by metes and bounds in Exhibit "A"
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 `B"; 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
3.652 (+/-) acre real property area described in Exhibit "A"
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 "B"
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 12th day of October
2004.
READ and ADOPTED
on Second Reading on the 9th day of November 2004.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Valdez, City Secretary
Exhibit "A"
BEING a part of that certain 7.675 acre tract of
land lying and being situated in the Nancy Blakey Survey in Bastrop
copunty, Texas, said 7.675 acre tract of land being the same tract
described as Tract #1 in Deed to the Veterans Land Board dated 5/9/04,
recorded in Vol. 164, Page 778, deed records, Bastrop County, Texas,
the tract herein conveyed being more particularly described by metes
and bounds as follows:
BEGINNING at an iron stake and fence corner in the
South line of old state highway #71 or formerly called the old San
Antonio Road, said iron stake and fence corner also being the northwest
corner of said 7.675 acre tract, and also being the northeast corner
of. the E. 0. Sharp Butane Co., Inc. tract of land that lays in the
Nancy Blakey Survey;
THENCE N. 89 deg. 33' East with the South right-of-way
line of Old State Highway #71, a distance of 193.47 feet to an iron
stake;
THENCE
South 0 deg. 31' West a distance of 864.12 feet to an iron stake in
the North right-of-way line of state highway #71;
THENCE
N. 66 deg. 57' went with the said North right-of-way line of state
highway #71, a distance of 209.43 feet to an iron stake and fence
corner, said iron stake and fence corner being the south west corner
of said 7.675 acre tract and also being the Southeast corner of the
E. O. Sharp Butane Co., Inc. tract of land;
THENCE
N. 0 deg. 31' east with. E. O. Sharp Butane Co., Inc. East
line, a distance of 780.60 feet to the place of beginning and
containing 3.652 acres of land, more or less
The above foregoing is
a part of the same-land and premises described in deed dated 3/19/73
from the Veterans' Land Board of the State of Texas to Merle A. Prokop,
Jr., which will be recorded forthwith in the Deed Records of Bastrop
County, Texas.
And being the same property
described in the Deed from Merle A. Prokop, Jr.,. to Clarence W. Hoffman,
Tommy Ray Townsend and Geary Dean Townsend, dated April 14, 1973,
filed for record May 24, 1973, and recorded in Vol. 214, Vagco 519-522,
Deed Records of Bastrop County, Texas,
And being the same property doscribcd in decd from Clarence Hoffman,
et al to Louie Wright, ot ux, dated June 25, 1976, and. recorded in
Volume 243, Pages 684, et seq., of the Deed Records of Bastrop County,
Texas.
EXHIBIT "B"
CITY OF BASTROP MUNICIPAL SERVICE PLAN
DESCRIPTION
The City of Bastrop has
initiated annexation of 3.650 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 on
three sides.
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 is the site of an existing distribution
center;
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:
Water
Service availability: Solid waste, water, wastewater and health code
services can be provided at this time by existing service lines.
Projected demand: As the property is the site of an existing 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. No capital improvements are
currently anticipated.
Projected demand: The proposed project is currently going through
zoning review. Any costs of annexation will be 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 a commercial use, there will
be no increased demand for library or recreational services. As the
property is the site of an existing business, no increases 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.
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:
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.
Jane H.
Wright
Owner's Signature
THE STATE OF TEXAS
COUNTY OF BASTROP
Before me, the undersigned
authority, on this day personally appeared
Jane H. Wright 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 purposed and consideration therein expressed.
Given under my hand and seal of office, this 28 day of July, 2004.
RHONDA LEHMANN
NOTARY PUBLIC
State of Texas
Comm. Exp. 07-03-2007
THE STATE OF TEXAS
COUNTY OF BASTROP
Before me, the undersigned
authority, on this day personally appeared
Jane H. Wright, known to me to be the person whose name is subscribed
to the forge ing instrument and acknowledged to me that he or she
executed the same for purposed and consideration therein expressed.
Given under my hand and
seal of office, this 28 day of July , 2004.
STATE OF TEXAS
COUNTY OF BASTROP
CERTIFICATE TO COPY OF PUBLIC RECORDS
I hereby certify, in the performance of the functions of my office,
that the attached instrument is a full, true and correct copy of (1)
Annexation Ordinance No. 2004-40 AN ORDINANCE ANNEXING 3.652 (+/-)
ACRE TRACT OF LAND, PURSUANT TO SECTION 43.028 OF THE LOCAL GOVERNMENT
CODE; and (2) City of Bastrop Municipal Service Plan, as
the same appears of record in my office and that said document is
an official record from the public office of the City Secretary of
Bastrop, Bastrop County, State of Texas, and is kept in said office.
I further certify that I am City Secretary, that I have legal custody
of said record and that I am lawful possessor and keeper and have
legal custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official
seal of said office this 9th day of November 2004.
Teresa Valdez, City Secretary
Bastrop County
State of Texas
