AN
ORDINANCE ANNEXING A SPARSELY OCCUPIED 8.871 (+/-) 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 8.871(+/-) 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
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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 8.871 (+/-) 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 24th day of October
2006.
READ and ADOPTED
on Second Reading on the 14th day of November
2006.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
EXHIBIT "A"
8.871 ACRES (386,415 SQUARE FEET)
NANCY BLAKEY SURVEY
BASTROP COUNTY, TEXAS
:MELD NOTES
BEING ALL OF THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART
OF THE NANCY BLAKEY SURVEY ABSTRACT NO. 98, SITUATED IN 13ASTROP COUNTY,
TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS BEING
OUT OF AND A PART OF THAT CERTAIN 283.001 ACRE TRACT OF LAND CONVEYED
BY WARRANTY DEED DATED MARCH 5, 2001 TO SABINE INVESTMENT COMPANY,
RECORDED IN VOLUME 1113, PAGE 870 OF THE DFED RECORDS OF BASTROP COUNTY,
TEXAS, SAID TRACT BEING 8.871 ACRES OF LAND (386,415 SQ. FT.) MORE
FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at an iron rod found at the southwest corner of Lot 6,
Block E, Hunters Crossing Section Three D, a subdivision recorded
in Plat Cabinet 4, Page 175B, of the Plat Records of Bastrop County,
Texas, being also the southwest corner of that certain 89.99 acre
tract of land described in Ordinance No. 7-3-03, being also in a northerly
line of that certain tract of land described in a deed to J.D. Weaver/
Bastrop, Ltd., recorded in Volume 870, Page 269 of the Deed Records
of Bastrop County, Texas, being also in the south line of said Sabine
Investment tract, and being also the approximate south line of said
Nancy Blakey Survey, Abstract No. 98 and the approximate north line
of the Mozea Rouseau Survey, Abstract No. 56, for the southeast corner
and POINT OF BEGINNING of the herein described 8.871 acre tract of
land,
THENCE, with the south line of said Sabine Investment tract, being
also a northerly line of said J.D. WeaverlBastrop, Ltd. tract, S88°03'26"W,
a distance of 493.43 feet to an iron rod set at an ell corner of said
J.D. WeaverBastrop, Ltd. tract, being also the southwest corner of
said Sabine Investment tract, for the southwest corner of the herein
described tract;
THENCE, with the west line of said Sabine Investment tract, being
also an east line of said J.D. Weaver/flastrop, Ltd. Tract, N00°00'
17"W, a distance of 970.19 feet to an iron rod set at the southwest
corner of Hunters Crossing Section Four B, a subdivision recorded
in Plat Cabinet 4, Page 187A of the Flat Records of Bastrop County,
Texas, and being also the southwest corner of that certain 11.522
acre tract of land described in Ordinance No. 8-23-05, for the northwest
corner of the herein described tract;
THENCE, crossing said Sabine Investment tract, with the south line
of said Hunters Crossing Section Four B, the following (2) two courses
and distances, numbered 1 and 2, 1. N89°59'43"E, a distance
of 185.20 feet to an iron rod found in the south line of Lot 3, Block
B said Hunters Crossing Section Four B, and 2_ with a curve to the
right, having a radius of 890.00 feet, an arc length of 149.78 feet
and whose chord bears, S8501 1'00"E, a distance of 149.60 feet
to an iron rod found at the northwest comer of Hunters Crossing Section
Three D, a subdivision recorded in Plat Cabinet 4, Page 175B of the
Plat Records of Bastrop County, Texas, being also in the south line
of Lot 1, Block B said Hunters Crossing Section Four B,
THENCE, departing the south line of said Hunters Crossing Section
Four B, with the west line of said Hunters Crossing Section Three
D, the following (11) eleven courses and distances, numbered I through
11,
1. S09°38' 16"W, a distance of 80.00 feet to an iron rod
found,
2. with a curve to the right, having a radius of 810.00 feet, an arc
length of 191.32 feet and whose chord bears, S73°35'44"E,
a distance of 190.88 feet to an iron rod found in the south right-ofway
line of Hunters Point Drive, being also the northwest corner of Lot
1, Block A said Hunters Crossing Section Three D,
3. S23°38'07"W, a distance of 289.97 feet to an iron rod
found at the southwest corner of Lot 1, Block C, being also in the
north line of Lot 2, Block C said Hunters Crossing Section Three D,
4. N73°55'32"W, a distance of 59.89 feet to an iron rod found
at the northwest corner of said Lot 2, Block C,
5. S00°04'25"W, a distance of 110.44 feet to an iron rod
found in the west line of Lot 3, Block C, said Hunters Crossing Section
Three D,
6. S01°56' 18"E, a distance of 233.62 feet to an iron rod
found at the southwest corner of Lot 6, Block C, said Hunters Crossing
Section Three D,
7. with a curve to the left, having a radius of 975.00 feet, an arc
length of 16.49 feet, whose chord bears N88°32'47"E, a distance
of 16.49 feet to an iron rod found in the south line of said Lot 6,
Block C,
8. N88°03'42"E, a distance of 78.51 feet to an iron rod found,
9. S01'56'18"13, a distance of 50.00 feet to an iron rod found
in the south right-of-way line of Outfitter Dive, a 50-foot wide public
right-of way,
10. N88°03'42"E, a distance of 52.92 feet to an iron rod
found at the northwest corner of Lot 6, Block E, said Hunters Crossing
Section Three D, and
11. S01°56' 18"E, a distance of 170.13 feet to an iron rod
found for the POINT OF BEGINNING, and containing 8.871 Acres of Land.
Douglas R. Rummel Jr. -- R.P.L.S. No. 5780
Carlson, Brigance & Doering, Inc.
5501 West William Cannon Drive
Austin, TX 78749 (512) 280-5160
Path - G:\DOCS\4011\FN-ANNEX-3G_DOC
BEARING BASES IS FROM 283.001 ACRE TRACT CONVEYED TO SABINE INVESTMENT
COMPANY BY WARRANTY- DEED RECORDED IN VOLUME 1113, PAGE 870 OF THE
DEED RECORDS OF BASTROP COUNTY, TEXAS
EXHIBIT "C"
City of Bastrop Municipal Service Plan
Sabine Investment Company
+/- 8.871 Acres
Introduction:
Sabine Investment Company has requested that the City annex +/-8.871
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 at Outfitter Drive and Bird Dog Bend.
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
8.871 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 1/2 years following the
date of annexation, unless otherwise specified below.
I. Police
Protection
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A) Existing services:
None
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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.
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C) Animal control
services will be provided in the area when requested.
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II.
Fire Protection (including Emergency Ambulance
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A) Existing services:
None
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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
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A) Existing services:
None
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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
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A) Existing services:
None
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B) Services to
be provided: In accordance with the terms of the Agreement.
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V. Sanitary
Sewer Service
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A) Existing Services:
None
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B) Services to
be provided: In accordance with the terms of the Agreement.
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VI.
Maintenance of Roads and Streets
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A) Existing services:
None
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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
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A) Existing services:
None
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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.
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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
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A) Existing services:
City library facilities are presently available
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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
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A) Existing services:
None
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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
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A) Existing services:
None
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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
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A) Existing services:
None
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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)
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A) Existing services:
None
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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
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A) Existing services:
None
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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
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A) Existing services:
None
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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
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All other applicable
municipal services will be provided to the area in accordance
with policies established by the City.
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XVI.
Capital Improvements
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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.
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XVII.
Level of Service
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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.
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XVIIL
Fiscal Analysis
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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.
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XIX.
Term
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This service
plan shall be valid for a term of ten (10) years.
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XX.
Amendments
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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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