City of Bastrop seal.
City of Bastrop

Ordinance 2006-32


ANNEXATION ORDINANCE NO. 2006-32

AN ORDINANCE ANNEXING A SPARSELY OCCUPIED 43.112 (+/-) ACRE TRACT OF LAND OUT OF THE NANCY BLAKEY SURVEY, ABSTRACT NO. 98, IN BASTROP COUNTY, TEXAS, ON PETITION OF AREA LANDOWNER, CHP PROPERTIES, LTD., 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 43.112(+/-) 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 43.112 (+/-) 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 14th day of November 2006.
READ and ADOPTED on Second Reading on the 28th day of November
2006.

APPROVED:

Mayor Tom Scott's signature.

By: Tom Scott
Mayor

ATTEST:

City Secretary's signature, Teresa Valdez.
Teresa Valdez
City Secretary


HEARITIGE SURVEYING, CO.


TIM. D. HEARITIGE 727 West Point Loop West Point, Texas 78963
Registered Professional Land Surveyor No. 5036 Licenced State Land Surveyor Phone (979)242-3485
January 15.2004

FIELD NOTE DESCRIPTION OF 43.112 ACRES OF LAND OUT OF THE NANCY BLAKEY SURVEY, ABSTRACT NO. 98, IN BASTROP COUNTY, TEXAS, AND BEING THAT SAME (43.00 ACRE) TRACT OF LAND CONVEYED TO LISA BERDOLL IN A DEED AS RECORDED IN VOLUME 631 PAGE 485 OF THE OF ICIAL RECORDS OF BASTROP COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a capped iron rod found (stamped "property corner") at the southeast corner of that certain (43.00 acre) tract of land conveyed to Lisa Berdoll, as trustee, in a deed as recorded in Volume 631 Page 485 of the Official Records of Bastrop County, Texas, and being at the southwest comer of that certain (74.347 acre) tract of land conveyed to Francis Schaefer Buckhaults, et. al. In a deed as recorded in Volume 533 Page 684 of the Official Records of Bastrop County, Texas, and being along the north line of that certain (94.00 acre) tract of land conveyed to Jo Ann Griesenbeck Cantrell in a deed as recorded in Volume 445 Page 684 of the Official Records of Bastrop County, Texas, and being for the most southeasterly corner of the tract herein described,

THENCE, with a fence along the south line of the Berdoll tract, S 88 deg. 43' 55" W 955.23 feet to a capped iron rod found (stamped "property corner") at the southeast corner of that certain (145.697 acre) tract of land conveyed to Brundage Bastrop, ltd. in a deed as recorded in Volume 1130 Page 14 of the Official Records of Bastrop County, Texas, and being for the most southwesterly corner of this tract,

THENCE, with the common line between the Berdoll tract and the Brundage tract, N 1.1 deg. 27' 49" E 2904.69 feet to a capped iron rod found (stamped "property comer") in the southwesterly right-of-way line of State Highway 71, being at the most northwesterly corner of this tract, and from which a brass disk in concrete (stamped "Texas Department of Transportation") bears N 77 deg. 44'00" W 1548.13 feet,

THENCE, with said right-of-way line, along a curve to the right, having a radius of 5058.31 feet, and a chord which bears S 67 deg. $6' 43" E 173.58 feet to a capped iron rod found (stamped "Tx. Dept. of Trans."), and S 66 deg. 58' 03" E 252.23 feet to a capped iron rod found (stamped "property corner"), being at the most northwesterly corner of the Buckhaults tract, and also being for the most northeasterly comer of this tract, and from which another brass disk in concrete (stamped "Texas Department of Transportation") bears S 66 deg. 5T 49" E 3666.29 feet,

THENCE, leaving said right-of-way line, and with the common line between the Berdoll tract and the Buckhaults S 00 deg. 19'46" W 2661.79 feet to the PLACE OF BEGINNING, in all containing 43.112 acres of land.

SURVEYED: January 13, 2004
see accompanying map no_ C 117124

Survey map of annexation platt.


EXHIBIT "C"

CITY OF BASTROP MUNICIPAL SERVICE PLAN

DESCRIPTION

The City of Bastrop has initiated annexation of +/- 43.112 acres out of the Nancy Blakey Survey, Abstract No. 98 Bastrop County at the request of the owner. The Bastrop city limits 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 office complex; 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:

See Attached Exhibit "A" - (metes and bounds description and survey plat)

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.

Owner's signature: John F. Cowen, CHP Properties, LTD.

THE STATE OF TEXAS §
COUNTY OF BASTROP §

Before me, the undersigned authority, on this day personally appeared
JOHN F. COWEN 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 16thday of AUGUST , 2006,

HILARIO SALAS
Notary Public
July 3, 2007

My commission expires: July 3, 2007


THE STATE OF TEXAS § COUNTY OF BASTROP §


Before me, the undersigned authority, on this day personally appeared
JOHN F. COWEN 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 16th day of AUGUST.


My commission expires: July 3, 2007



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. 2006-32 AN ORDINANCE ANNEXING 43.112 (+/-) 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 28th day November 2006.
Bastrop County State of Texas.


City Secretary's signature, Teresa Valdez.
Teresa Valdez
City Secretary

City of Bastrop seal.

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