AN ORDINANCE ANNEXING
A SPARSELY OCCUPIED 11.522 (+/-) ACRE TRACT OF LAND OUT OF THE NANCY
BLAKEY SURVEY, ABSTRACT NO. 98, IN BASTROP COUNTY, TEXAS, ON PETITION
OF AREA LANDOWNER, SABINE INVESTMENT COMPANY, 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 11.522 (+/-) acres of land, out of the Nancy Blakey Survey
in Bastrop County, Texas and 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
real property area consisting of 11.522 (+/-) acres of land out of
the Nancy Blakey Survey in Bastrop County, Texas described in Exhibits
"A" and "B" attached hereto and made a part hereof
be, and is hereby, annexed, and the city limits of the City of Bastrop
are hereby extended so as to include said tracts 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 9th day of August 2005.
READ and ADOPTED on Second Reading on the 23rd day of August 2005.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
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 PARCEL 1, A 11.522 ACRE TRACT IN THE NANCY BLAKEY
SURVEY, BASTROP COUNTY, TEXAS.
BEING a
11.522 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 283.001 acre tract as described In a deed dated March
15, 2001, from Karmen Ketha Townsend to Sabine Investment Company,
as 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:
COMMENCING FOR REFERENCE at a 5/8 inch Iron rod found in
the south line of State Highway No. 71, at the northeast comer of
that certain 166 acre tract described as First Tract in a deed to
John Dale Weaver, et ux, as reocrded in Volume 153, Page 338, Bastrop
County Deed Records and the northwest comer of the Sabine 283.001
acre tract.
THENCE with the east line of the Weaver 166 acre
tract and west line of the Sabine 283.001 acre tract, S 00 deg. 00
min. 00 sec. E, 1784.15 feet to the POINT OF BEGINNING, the northwest
comer of this tract.
THENCE N 90 deg. 00 min. 00 sec. E, 56.37 feet to
a point for an angle; N 85 deg. 53 min. 25 sec. E, 178.79 feet to
a point for an angle; N 71 deg. 19 min. 35 sec. E, 127.48 feet to
a point for an angle; N 87 deg. 02 min. 54 sec. E, 21.68 feet to a
point for an angle; S 77 deg. 13 min. 47 sec. E, 608.28 feet of a
point for the northeast comer of this tract.
THENCE S 12 deg. 27 min. 51 sec. W, 429.81 feet to
a point for the southeast corner of this tract.
THENCE N 88 deg. 43 min. 49 sec. W, 375.47 feet to
a point for an interior comer; S 24 deg. 27 min. 28 sec. W, 132.79
feet to a point for an angle; N 80 deg. 33 min. 43 sec. W, 265.83
feet to a point for an angle; S 89 deg. 59 min. 36 sec. W, 119.93
feet to a point for an angle; S 90 deg. 00 min. 00 sec. W, 65.07 feet
to a point in the west line of the Sabine 283.001 acre tract and east
line of the before said Weaver 166 acre tract, for the southwest corner
of this tract.
THENCE with the east line of the Weaver 166 acre
tract and west line of the Sabine 283.001 acre tract, N 00 deg. 00
min. 00 sec. W, 568.37 feet to the POINT OF BEGINNING, containing
11.522 acres of land.
Dale L. Olson OR Michael D. Olson
Reg. Pro. Land Surveyor Reg. Pro. Land Surveyor 5386
©2004 Dale L. Olson Surveying Co.
Order #: 155204-1 Date Created:12/06/04
EXHIBIT "B"
EXHIBIT
"C"
City of Bastrop Municipal Service Plan
Sabine Investment Company
+/- 11.522 Acres
Introduction:
Sabine Investment Company has requested that the City annex +/-11.522
acres in one tract out of the Nancy Blakey Survey, Abstract No. A-98,
into the City of Bastrop. The property abuts the city limits to its
east.
The area consists of portions
of HXR-4A as shown on the revised Hunter's Crossing Master Plan approved
by City Council on February 25, 2003.
This service plan has been
prepared in accordance with Section 43.056 of the Texas Local Government
Code.
NOTE: This annexation was initiated by the petition
or request of the owners of land in the annexed area.
As is stated in Section 43.056(e) of the Texas Local Government Code,
the requirement that construction of capital improvements must be
substantially completed within the period provided in this service
plan does not apply to a development project or proposed development
project within an area annexed at the request or on the petition of
the landowner when the City and the landowners subsequently agree
in writing that the development project within that area, because
of its size or projected manner of development by the developer, is
not reasonably expected to be completed within that period.
An
agreement between the developer and the City (Hereinafter "the
Agreement") will address provision of water and wastewater utilities
and governs the provision of certain City services to this +/- 11.522
acres. A Public Improvement District was created by the City Council
further addressing construction and maintenance of certain improvements
and services.
Schedule of Municipal Services to be Provided
Municipal facilities and services to the annexed area will be made
available or provided by the City within 2 '/z years following the
date of annexation, unless otherwise specified below.
I. Police
Protection
A) Existing
services: None
B) Services to be provided. Police protection personnel
and equipment from the city police department shall
be provided to the annexed area beginning on the effective
date of the annexation ordinance and shall be provided
at the same level of service as currently provided
throughout the city.
C) Animal
control services will be provided in the area when
requested.
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II.
Fire Protection (including Emergency Ambulance)
A) Existing
services: None
B) Services to be provided. Fire protection personnel
and equipment from the city fire department shall
be provided to the annexed area beginning on the effective
date of the annexation ordinance and shall be provided
at the same level of services as currently provided
throughout the city.
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III.
Solid Waste Collection
A) Existing
services: None
B) Services to be provided: Solid waste collection
shall be available to the annexed area on the same
basis and at the same level as provided throughout
the city. However, no obligation exists for the city
to provide waste collection services to a person who
uses the services of a privately owned waste management
provider.
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IV.
Water Service in the Service Area of the City
A) Existing
services: None
B) Services to be provided: In accordance with the
terms of the Agreement.
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V. Sanitary
Sewer Service
A) Existing
Services: None
B) Services to be provided: In accordance with the
terms of the Agreement.
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VI.
Maintenance of Roads and Streets
A) Existing
services: None
B) Services to be provided: Street maintenance and
other street services shall be provided to the annexed
area on the same basis and at the same level as provided
throughout the city as per terms of the Pubic Improvement
District.
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VII.
Parks and Recreation
A) Existing
services: None
B) Services to be provided: All city parks and recreational
facilities shall be available for use by residents
of the annexed area, beginning on the effective date
of the annexation ordinance.
C) Maintenance and other parks and recreation services
provided within the annexed area are on the same basis
and at the same level as provided throughout the city
as per terms of the Pubic Improvement District.
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VIII.
Library Service
A) Exidting
services: City library facilities ar presently available
B) Services
to be provided: All of the city library facilities
shall be available for use by resident of the annexed
area, at no cost beginning on the effective date of
the annexation ordinance.
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IX.
Street Lighting
A) Existing
services: None
B) Services to be provided: The city shall provide
to the residents of the annexed area the same type
services for placement of street lights that are currently
provided to any other area of the city.
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X. Traffic
Engineering
A) Existing
services: None
B) Services to be provided: Similar traffic engineering
will be provided to annexed areas as is currently
being provided to other areas of the city.
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XI.
Planning and Zoning
A) Existing
services: None
B) Services to be provided: The planning and zoning
jurisdictions, including the subdivision platting
process of the city, will extend to the annexed area
on the effective date of the annexation ordinance.
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XII. Storm Drainage (Including Flood Plain Regulations)
A) Existing
services: None
B) Services to be provided: Similar storm drains will
be provided as is currently being provided to other
similar areas of the city on the same basis and at
the same level as provided throughout the city per
terms of the Pubic Improvement District.
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XIII.
Building Inspection - Code Enforcement
A) Existing
services: None
B) Services to be provided: On the effective date
of the annexation ordinance, building inspection personnel
and equipment from the city building inspection department
shall be provided to the annexed area. On the effective
date of the annexation ordinance, all building permits
and related construction permits will be issued in
accordance with existing city ordinances resolutions,
regulations, and building codes. On the effective
date of the annexation ordinance, on-site inspection
services of new construction will be provided. On
the effective date of the annexation ordinance, the
Planning and Development Department will provide consultation
with the developers concerning site plans and building
code requirements.
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XIV.
Health Code Enforcement Services
A) Existing
services: None
B) Services to be provided: On the effective date
of the annexation ordinance, existing city health
ordinances, resolutions, regulations and codes will
extend to the area. Upon annexation, the City Health
Officer will be available to enforce any violations
or complaints.
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XV.
Miscellaneous
All other applicable municipal services will be provided to
the area in accordance with policies established by the City.
XVI.
Capital Improvements
The construction of any such improvements shall be in accordance
with the terms of the Agreement. The Agreement and this service
plan may be amended to extend the period for construction
if the construction is proceeding with all deliberate speed.
However, the city does not violate this service plan or the
Texas Local Government Code if the construction process is
interrupted for any reason by circumstances beyond the direct
control of the city.
XVII.
Level of Service
Nothing in this plan shall require the city to provide a uniform
level of municipal services to each area of the city, including
the annexed area, if different characteristics of topography,
land use, and population density are considered a sufficient
basis for providing different levels of service.
XVIII.
Fiscal Analysis
No determination of the impact on the City of Bastrop's General
Fund or on the utility ratepayers due to the provision of
services to the annexed area has been determined, as sufficient
data does not exist at this time. Any additional costs are
anticipated to be balanced by growth in both property and
sales tax attributable to this area's development over time.
XIX.
Term
This service plan shall be valid for a term of ten (10) years.
XX.
Amendments
This plan shall not be amended unless public hearings are
held in accordance with Section 43.0561 of the Texas Local
Government Code.
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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 votes reside, hereby
petition your Honorable body to extend the present city limits so
as to include as part of the City of Bastrop, Texas, the following
described territory, to-wit:
11.522 acres of land lying
in and being situated out of the NANCY BLAKEY Survey,
A98 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, and being more particularly
described by metes and bounds on Exhibit "A", attached hereto
and made a part hereof for all pertinent purposes.
We certify that the above
described tract of land is contiguous and adjacent to the City of
Bastrop, Texas and that this petition is signed and acknowledged by
each and every person or corporation having an interest in said land.
SABINE INVESTMENT COMPANY
By:
STEVE MILLS
Its: President
THE STATE OF TEXAS
COUNTY OF BASTROP
Before me, the undersigned
authority, on this day personally appeared Steve Mills, known to me
to be the person who's name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal of office, this 7th day of June 2005.
Tracie J. Bone,
Notary Public, Bastrop County, Texas
DALE L.
OLSON
Registered Professional Land Surveyor
711 Water Street
Bastrop, TX 78602
Phone (512) 321-5476 * Fax (512) 303-5476
FIELD NOTES FOR PARCEL 1, A 11.522 ACRE TRACT IN THE NANCY
BLAKEY SURVEY, BASTROP COUNTY, TEXAS.
BEING a
11.522 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 283.001 acre tract as described in a deed dated March
15, 2001, from Karmen Ketha Townsend to Sabine Investment Company,
as 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:
COMMENCING FOR REFERENCE at a 5/8 inch iron rod found in
the south line of State Highway No. 71, at the northeast comer of
that certain 166 acre tract described as First Tract in a deed to
John Dale Weaver, et ux, as reoorded in Volume 153, Page 338, Bastrop
County Deed Records and the northwest comer of the Sabine 283.001
acre tract.
THENCE with the east line of the Weaver 166 acre
tract and west line of the Sabine 283.001 acre tract, S 00 deg. 00
min. 00 sec. E, 1784.15 feet to the POINT OF BEGINNING, the northwest
comer of this tract.
THENCE N 90 deg. 00 min. 00 sec. E, 56.37 feet to
a point for an angle; N 85 deg. 53 min. 25 sec. E, 178.79 feet to
a point for an angle; N 71 deg. 19 min. 35 sec. E, 127.48 feet to
a point for an angle; N 87 deg. 02 min. 54 sec. E, 21.68 feet to a
point for an angle; S 77 deg. 13 min. 47 sec. E, 608.28 feet of a
point for the northeast corner of this tract.
THENCE S 12 deg. 27 min. 51 sec. W, 429.81 feet to
a point for the southeast corner of this tract.
THENCE N 88 deg. 43 min. 49 sec. W, 375.47 feet to
a point for an interior corner; S 24 deg. 27 min. 28 sec. W, 132.79
feet to a point for an angle; N 80 deg. 33 min. 43 sec. W, 265.83
feet to a point for an angle; S 89 deg. 59 min. 36 sec. W, 119.93
feet to a point for an angle; S 90 deg. 00 min. 00 sec. W, 65.07 feet
to a point in the west line of the Sabine 283.001 acre tract and east
line of the before said Weaver 166 acre tract, for the southwest corner
of this tract.
THENCE with the east line of the Weaver 166 acre
tract and west line of the Sabine 283.001 acre tract, N 00 deg. 00
min. 00 sec. W, 568.37 feet to the POINT OF BEGINNING, containing
11.522 acres of land.
Dale L. Olson OR Michael D. Olson
Reg. Pro. Land Surveyor Reg. Pro. Land Surveyor 5386
©2004 Dale L. Olson Surveying Co.
Order #: 155204-1 Date Created:12/06/04
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