AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS, PROVIDING
FOR THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF A 46.734 ACRE
TRACT IN THE NANCY BLAKEY SURVEY ABSTRACT NO. 98 IN BASTROP COUNTY,
TEXAS; ON PETITION OF THE LANDOWNER, ROBERT E. DUFF CHILDREN'S TRUST;
LOCATED NORTH OF HIGHWAY 71 AND NORTH OF THE TERMINUS OF HIGHWAY 304;
BEING DESCRIBED MORE FULLY IN EXHIBIT A, AND SHOWN ON EXHIBIT B OF THIS
ORDINANCE; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOIN THE PRESENT
BOUNDARY LIMITS OF THE CITY OF BASTROP, TEXAS AND NOT BEING A PART OF
ANY INCORPORATED AREA; APPROVING A SERVICE PLAN FOR THE AREA; REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Bastrop, Texas is a home rule
municipal corporation; and
WHEREAS, pursuant to said Policy, the City Council
identified certain areas for which it desired to initiate annexation
proceedings in order to bring said territories, including the areas
that are the subject of this Ordinance, into the City limits; and
WHEREAS, following written and published notice given
in accordance with state law, the City Council conducted two public
hearings on the proposed annexation of these properties on October 23,
2007 and October 24, 2007; and
WHEREAS, all of the herein-described properties lie
within the Bastrop County jurisdiction but are predominately surrounded
by the city limits of the City of Bastrop, Texas and are not within
any incorporated area; and
WHEREAS, the herein-described properties lie adjacent
and contiguous to the City of Bastrop, Texas; and
WHEREAS, all prerequisites for annexation of the herein-described
properties as set forth in state law and the City Charter have been
complied with.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BASTROP, TEXAS:
Section 1. That the City Council hereby finds that:
A. Notice
of two public hearings concerning annexation of the territories
described in "Exhibit A" was mailed as required
by law; published in newspaper of general circulation in the
City of Bastrop; and posted on the City's internet website.
B. The Public hearings were held on October 23, 2007 at 7:30
p.m., and October 24, 2007, at 7:00 p.m. at the City Council
Chambers of City Hall, 904 Main Street, 78602, Bastrop, Texas.
C. The public hearings were concluded after providing an opportunity
for all persons present to be heard with respect to the proposed
annexation, a proposed Service Plan was made available and
explained at the public hearings as required by law.
D. The annexation of the territories described in "Exhibit
A" serves the interest of the current and future residents
of the City of Bastrop.
E. All procedural requirements imposed by state law for full
purpose annexation of the territories described in "Exhibit
A" have been met.
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Section 2. The present boundary limits of the City of Bastrop are amended
to include the following territories, which are within the extraterritorial
jurisdiction, not part of the incorporated area of any jurisdiction,
and adjacent to the city limits of the City of Bastrop, Texas in Bastrop
County, Texas, annexed into the City for full purposes:
A 46.734
acre tract of land out of the Nancy Blakey Survey, Abstract
No. 98, the said 46.734 acres of land more or less, being
more particularly described in "Exhibit A" and shown
on "Exhibit B" which are attached hereto and incorporated
herein by reference for all purposes as if set forth in full.
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Section 3. The Service Plan attached hereto as 'Exhibit C" is
approved as the Service Plan for these areas.
Section 4. The City Council declares that its purpose is to annex
to the City of Bastrop each part of the areas described in "Exhibit
A" as provided in this ordinance, whether any other part of the
described areas are effectively annexed to the City. If this ordinance
is held invalid as to any part of the areas annexed to the City of
Bastrop, that invalidity does not affect the effectiveness of this
ordinance as to the remainder of the areas.
Section 5. All ordinances and resolutions, or parts of ordinances
and resolutions, in conflict with this Ordinance are hereby repealed,
and are no longer of any force and effect.
Section 6. The Mayor is hereby authorized to sign this ordinance and
the City Secretary to attest. This Ordinance shall become effective
and be in full force and effect in (10) ten days on and after publication
in accordance with the provisions of the Charter of the City of Bastrop.
Section 7. This Ordinance shall become effective in accordance with
applicable law.
Passed and Approved on First Reading on the 13th day of November 2007.
Passed and Approved on Second Reading on the 14th day of November
2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
Professional Land
Surveying, Inc.
Surveying and Mapping Office: 512-443-1724 Fax: 512-441-6987
2807 Manchaca Road Building One
Austin, Texas 78704
46.734 ACRES
NANCY BLAKEY SURVEY A-98 BASTROP COUNTY, TEXAS
A DESCRIPTION OF 46.734 ACRES IN THE NANCY BLAKEY SURVEY ABSTRACT
NO. 98 IN BASTROP COUNTY, TEXAS, BEING A PORTION OF THE RESERVE TRACT,
LONE STAR STORAGE SUBDIVISION, A SUBDIVISION OF RECORD IN CABINET
4, PAGE 163-A OF THE PLAT RECORDS OF BASTROP COUNTY, TEXAS AND BEING
A PORTION OF A 30.00 ACRE TRACT OF LAND CONVEYED TO JOHN B. DUFF AND
ROBERT E. DUFF IN A SUBSTITUTE TRUSTEE'S DEED EXECUTED ON AUGUST 04,
1992 AND RECORDED IN VOLUME 640, PAGE 14 OF THE DEED RECORDS OF BASTROP
COUNTY, TEXAS; SAID 46.734 ACRES BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a calculated point in the north right-of-way line of
State Highway No. 71 (right-of-way width varies) at highway station
914+62.31, left 150', being in the south line of the said Reserve
Tract, from which a TxDOT type II disk found at highway station 913+27.31,
left 150', bears South 87°46'43" West, a distance of 135.16
feet;
THENCE North 46°49'44" West with the north right-of-way line
of State Highway No. 71 and the south line of the said Reserve Tract,
passing a concrete highway monument found at 0.48 feet, and continuing
for a total distance of 53.47 feet to a concrete monument set at the
intersection of the north right-of-way line of State Highway No. 71
and the east right-of-way line of Duff Drive (60' right-of-way width),
from which a concrete highway monument found at highway station 914+12.32,
left 200', bears North 46°49'44" West, a distance of 17.25
feet;
THENCE with the common right-of-way line of Duff Drive and the Reserve
Tract, North 02°15'23" West, a distance of 461.93 feet to
a calculated point in said line, same being the north line of the
City of Bastrop City Limits, for the POINT OF BEGINNING;
THENCE continuing with the common right-of-way line of Duff Drive
and the Reserve Tract, the following two (2) courses and distances:
1. North
02°15'23" West, a distance of 199.89 feet to a 1/2"
rebar with cap set for the northeast corner of said Duff Drive;
2. South 87°44'37" West, a distance of 60.00 feet
to a p.k. nail found for the northwest corner of said Duff
Drive, being a southeast corner of Lot 1, of said Lone Star
Storage Subdivision, being also the northeast corner of Lot
1, The McCoy's Subdivision, a subdivision of record in Cabinet
3, Slide 27-B of the Plat Records of Bastrop County, Texas;
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THENCE crossing
Lot 1, of said Lone Star Storage Subdivision and the said Reserve
Tract, the following six (6) courses and distances:
1. With
a curve to the left with a delta angle of 11°11'54",
an arc length of 189.59 feet, having a radius of 970.00 feet
and a chord which bears North 07°51'21" West, a distance
of 189.28 feet to a 1/2" rebar with cap set;
2. North 13°27'18" West, a distance of 85.21 feet
to a 1/2" rebar with cap set;
3. With a curve to the right with a delta angle of 11°09'08",
an arc length of 200.48 feet, having a radius of 1030.00 feet
and a chord which bears North 07°52'44" West, a distance
of 200.16 feet to a 1/2" rebar with cap set;
4. North 02°18'10" West, a distance of 211.62 feet
to a 1/2" rebar with cap set;
5. With a curve to the left with a delta angle of 90°00'00",
an arc length of 39.27 feet, having a radius of 25.00 feet
and a chord which bears North 47°18'10" West, a distance
of 35.36 feet to a 1/2" rebar with cap set;
6. South 87°41'50" West, a distance of 2687.67 feet
to a 1/2" rebar with cap set in the east right-of-way
line of F.M. 969 (right-of-way width varies), being the west
line of the said Reserve Tract, from which a concrete highway
monument found in the east right-of-way line of F.M. 969,
being the west line of the said Reserve Tract, bears South
02°24'10" East, a distance of 243.57 feet;
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THENCE North 02°24'10" West with the east right-of-way line
of F.M. 969 and the west line of the said Reserve Tract, a distance
of 63.00 feet to a 1/2" rebar found for the northwest corner
of the said Reserve Tract, being in the south line of a 705-3/4 acre
tract of land described in Volume 101, Page 363 of the Deed Records
of Bastrop County, Texas;
THENCE with the north line of the said Reserve Tract, the north line
of the said 30.00 acre tract, and the south line of the said 705-3/4
acre tract, the following two (2) courses and distances:
1. North
87°41'50" East, a distance of 2827.65 feet to a concrete
monument set;
2. North 87°41'50" East, a distance of 1863.84 feet
to a 1/2" rebar with cap set, from which a 4" concrete
monument found for the southeast corner of the said 705-3/4
acre tract, bears North 87°41'50" East, a distance
of 1779.95 feet;
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THENCE crossing
the said 30.00 acre tract, the following three (3) courses and distances:
1. South
02°18'10" East, a distance of 63.00 feet to a 1/2"
rebar with cap set;
2. With a curve to the left with a delta angle of 89°55'07",
an arc length of 39.23 feet, having a radius of 25.00 feet
and a chord which bears South 42°44'16" West, a distance
of 35.33 feet to a 1/2" rebar with cap set;
3. South 02°13'17" East, a distance of 885.43 feet
to a calculated point in the north line of the City of Bastrop
City Limits;
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THENCE continuing
across said tract, with the north City Limit Line, South 87°46'43"
West with the north right-of-way line of State Highway No. 71, the
south line of the said 30.00 acre tract, and the south line of the
said Reserve Tract, a distance of 1838.37 feet to the POINT OF BEGINNING,
containing 46.734 acres of land, more or less. Surveyed on the ground
August 08, 2006. Bearing Basis is Grid Azimuth for Texas Central Zone
State Plane Coordinates, based on GPS Solutions from the National
Geodetic Survey (NGS) On-Line Positioning User Service (OPUS). Attachments:
Drawing 522-001-AN1. Caps placed on set rebars are plastic, stamped
"Chaparral Boundary".
James Redmon
Registered Professional Land Surveyor State of Texas No. 5848
EXHIBIT C
CITY OF BASTROP MUNICIPAL SERVICE PLAN
DESCRIPTION
Robert E. Duff Children's Trust has initiated annexation of certain
property located within the extraterritorial jurisdiction of the City,
which legally may be generally described as approximately 46.734 acres
out of the Nancy Blakey Survey A-98 which is located at the northwest
intersection of SH 71 and 304, east of FM 969. The Bastrop city limit
currently abuts the property to the south.
SCHEDULE OF MUNICIPAL SERVICES
Public Safety - Police, Animal Control, Fire
Current Services provided: Fire
Service availability: All services can be provided with existing staff
Projected demand: As the property is commercial; 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 existing service lines.
Projected demand: An 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 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. Any costs of annexation will be born by the private sector.
No significant increase in demand for City services are foreseen at
this time and capital improvements have been included in an Economic
Development 380 Agreement for the project.
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. Minimal increase
in code enforcement services is 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.
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