AN
ORDINANCE GRANTING A REQUEST TO REZONE FROM "A/OS — AGRICULTURAL
/ OPEN SPACE" TO "C-2 — COMMERCIAL (HEAVY)" FOR
A 46.734 +/- ACRE TRACT OF LAND OUT OF THE NANCY BLAKEY SURVEY ABSTRACT
NO. 98, BASTROP, TEXAS, OWNED BY ROBERT E. DUFF CHILDREN'S TRUST;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, ROBERT E. DUFF CHILDREN'S TRUST (hereinafter referred to
as "Applicant") submitted a request to rezone, from zoning
designation "A/OS — AGRICULTURAL / OPEN SPACE" to
zoning designation "C-2 — COMMERCIAL (HEAVY)," a 46.734
+/-acre tract out of the Nancy Blakey Survey Abstract No. 98, Bastrop,
Texas, hereinafter referred to as "the Property" and described
by diagram on Exhibit "A" attached hereto.
WHEREAS, the intended use of the Property is for a large shopping
center; and
WHEREAS, the proposed zoning of the Property is in conformance with
the goals of the City of Bastrop's Comprehensive Plan; and
WHEREAS, pursuant to Section 10.4 of the City's Zoning Ordinance,
notice of the rezoning request was given to all property owners located
within two hundred feet of the Property, and the Planning and Zoning
Commission of the City of Bastrop held a public hearing on the Applicant's
rezoning request on October 30, 2007; and
WHEREAS, after notice and hearing, the Planning and Zoning Commission
has recommended that the Applicant request to rezone the Property
to "C-2 COMMERCIAL (HEAVY)" be approved; and
WHEREAS, pursuant to Section 10.4 of the City's Zoning Ordinance,
notice of the rezoning request was given as required by the ordinance,
and the City Council of the City of Bastrop held a public hearing
on the Applicant's rezoning request on November 13, 2007 to consider
the request; and
WHEREAS, City Council finds that it is in the public interest to approve
rezoning of the Property to "C-2 COMMERCIAL (HEAVY)."
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP
THAT:
Part 1: The tract owned by the Applicant, said Property being
more particularly described as a 46.734 acres out of the Nancy Blakey
Survey Abstract No. 98 in Bastrop, Texas, is hereby rezoned from designation
"A/OS — Agricultural/Open Space" to zoning designation
"C-2 COMMERCIAL (HEAVY)."
Part 2: This Ordinance shall take effect upon the date of final
passage noted below, or when all applicable publication requirements,
if any, are satisfied in accordance with the City's Charter, Code
of Ordinances, and the laws of State of Texas.
READ and ACKNOWLEDGED on First Reading on the 13th day of November
2007.
READ and ADOPTED 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;
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;
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;
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;
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. 5848S
