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Home My WebLink About03-28-24-9.4a - Resolution - 03/28/2024RESOLUTION NO. 03-28-24-9.4a A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING RAYMOND HOLDINGS, LLC'S PETITION FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF COLLEGE STATION AND DENYING THE CITY'S CONSENT TO THE REDUCTION OF THE CITY'S EXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 30, 2023, Raymond Holdings, LLC. ("Petitioner") submitted a petition attached as Exhibit "A" ("Petition") for releasing property from the City of College Station's extraterritorial jurisdiction ("ETJ"); and WHEREAS, the property sought to be released is located west of HWY 47 on Raymond Stotzer Parkway and described by metes and bounds in Exhibit "A" ("Property"); and WHEREAS, pursuant to Texas Local Government Code Section 42.023, the City's ETJ may only be reduced if the City Council has exercised its legislative authority consenting to reducing the City's ETJ by ordinance or resolution; and WHEREAS, pursuant to Texas Constitution, Article II, Section 1, landowners may not be delegated legislative authority to remove their property from the City's ETJ without the City Council's consent by ordinance or resolution; and WHEREAS, Texas Local Government Code Chapter 42 Subchapter D. (SB 2038) is an unconstitutional delegation of the City's legislative authority and conflicts with the City's grant of legislative discretion under Local Government Code Section 42.023; and WHEREAS, the City Council finds that it has taken no action by ordinance or resolution regarding the Petition or Property; and WHEREAS, it is in the best interest of the City to deny the Petition and the removal of the Property from the City's ETJ, and to any reduction in size of the City's ETJ; and deny any previous actions under Texas Local Government Code Chapter 42 Subchapter D. (SB 2038); now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: The above recitals are adopted as findings of the City Council. PART 2: The Petition for Release of the Property in Exhibit "A" from the City's ETJ is denied and the Property remains in the City's ETJ. PART 3: The City denies any written consent by ordinance or resolution or action under Texas Local Government Code Chapter 42 Subchapter D (SB 2038) to remove the Property from the City's ETJ and any reduction in size of the City's ETJ. Resolution No. 03-28-24-9.4a Page 2 of 3 PART 4: That this resolution shall become effective immediately after passage and approval. ADOPTED this 28' day of March 2024. ATTEST: City Sec r tary APPROVED: eqv((- City Attorney APPROVED: Resolution No. 03-28-24-9.4a Page 3 of 3 EXHIBIT A Approximately 5.569 acres of land being in the John H. Jones League Survey, Abstract 26, generally located at Raymond Stotzer and Jones Road. Glenn Jones PE #97600 Firm #9951 14 Engineering Consulting • Engineering • Construction Services PO Box 5192 Bryan, Texas 77805 Phone: 979-739-0567 gjones@j4engineering.com November 30, 2023 Tanya D. Smith City Secretary - City of College Station 1101 Texas Avenue College Station, Texas 77840 RE: Petition to Remove Property from City's ETJ Ms. Smith, On behalf of my client, Raymond Holdings, LLC c/o Mahendimohmad and Rashida Charolia, who has undersigned below, and is the owner of 5.569 Acre Tract in the John 1I. Jones League Survey, Abstract 26, in accordance with Senate Bill 2038, hereby petitions that said property be removed from the City of College Station's Extra Territorial Jurisdiction (ETJ). Said property is further defined by Exhibit A, attached hereto and containing a certified survey of the property with metes and bounds description. If there are any questions or further information needed, please do not hesitate to contact me at 979- 739-0 67. 'Glenn Jones, PE President Mahendimohmad Charolia Property Owner Date Signed: DOB: klr3•zaZ3 oy, o C.. 1967 3h "-) Rashida Charolia Property Owner Date Signed: DOB: t7-11-I1)70 Residential Mailing Address (for both): 5307 Jupiter Hills Court College Station, TX 77845 "Aggie Owned and Operated" -Page l of 1- <KERR c `5� R EYING FIELD NOTES DESCRIPTION OF A 5.569 ACRE TRACT JOHN H. JONES LEAGUE SURVEY, ABSTRACT 26 BRAZOS COUNTY, TEXAS TRACT 2 A HELD NOTES DESCRIPTION OF 5.569 ACRES IN THE JOHN H. JONES LEAGUE SURVEY, ABSTRACT 26, IN BRAZOS COUNTY, TEXAS, BEING ALL OF A CALLED 5.567 ACRE TRACT OF LAND, CONVEYED TO RAYMOND HOLDINGS, LLC IN VOLUME 18356, PAGE 148 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID 5.569 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod found on the northwest line of Raymond Stotzer Parkway (variable width right- of-way, per TXDOT right-of-way plans and 4464/185 OPRBCT), for the east corner of Aggieland Business Park, Phase 2 recorded in Volume 18152, Page 264 (OPRBCT) and being the south corner of said 5.567 acres and the south corner hereof; THENCE, with the common line of said Aggieland Business Park, Phase 2 and said 5.567 acres, N 47° 27' 45" W, for a distance of 471.52 feet to a 1/2 inch iron rod found at an angle point in the southeast line of the remainder of a called 35.9004 acre tract of land conveyed to Martha Ann Williams in Volume 4464, Page 185 (OPRBCT), for the north corner of said Aggieland Business Park, Phase 2, and being the east corner of said 5.567 acres and the east corner hereof; THENCE, with the common line of said remainder of 35.9004 acres and said 5.567 acre, N 41° 32' 51" E, for a distance of 520.15 feet to a 5/8 inch iron rod with a plastic cap stamped "PACHECO KOCH" found on the southwest line of the remainder of a called 15 acre tract of land conveyed to Vicki Hiestand Weir in Volume 13159, Page 68 (OPRBCT), for the east corner of said remainder of 35.9004 acres and being the north corner of said 5.567 acres and the north corner hereof, from which City of College Station Monument bears N 60° 34' 08" E, a distance of 1,618.35 feet; THENCE, with the common line of said remainder of 15 acres and said 5.567 acres, 5 46° 06' 31" E, for a distance of 471.84 feet to a 1/2 inch iron rod found on the northwest line of Raymond Stotzer Parkway, for the south corner of said remainder of 15 acres and being the east corner of said 5.567 acres and the east corner hereof; 11 P a y >a 22-1054 T2 M&B.docx TRACT 2 THENCE, with the common line of Raymond Stotzer Parkway and said 5.567 acres, 5 41° 32' S1" W, for a distance of 509.00 feet to the POINT OF BEGINNING hereof and containing 5.569 acres, more or less. Surveyed on the ground January 2023 under my supervision. See plat prepared January 2023 for other information. The bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NAD83), Central Zone, Grid North as established from GPS observation using the Leica Smartnet NAD83 (NA2011) Epoch 2010 Multi -year CORS Solution 2 (MYCS2). Distances described herein are surface distances. To obtain grid distances (not grid areas) divide by a combined scale factor of 1.00010578745203 (calculated using GEOID12B). Reference drawing: 22-1054-TITLE-5. Revised 01/31/2023: Added a City of College Station monument tie. /`1744/"; 1/30/23 Michael Konetski Registered Professional Land Surveyor No. 6531 KERR SURVEYING Kerr Surveying, LLC 409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-3195 1 Web: www.kerrlandsurveuina.com Surveysfakerrsurveying.net j TBPELS Firm No.10018500 22-1054 T2 M&B.docx Z�Pa�t N/F BRYAN BUSINESS COUNCIL, INC CALLED 196829 ACRES (C1381010PBBC1) 20A5' 121NCH IRON 110* FOUND(CM) A--x--x --x _x—x—x—A—x SEPTIC�-( 7ANx tii �_ STA4 ONE STONY BUILDING TEMPORARY SIH0 3/8INCH IRON R00 FOUND PH 08 I/2INCH IRON Ii — Rao FOUND (CM) P/ A F/M�/1, R IT IN.1 bI P) (CALLF/ 543.2354" E, 4464/18S OPRBCM) 5 46°0631' E 980.95' 23.70 ACRE TRACT N/F MARTHA ANNWII.LIMAS REMAINDER Of CALLED 35.9004 ACIUS 144641185 OPRRCO Ix—x—x•�.2C \ I +\ ONE STORY BUILDING ONE STORY BUILDING / 20' WIDE WATER LINE EASEMENT 1080611280WWCT1 ONE STORY STONE AND WOOD HOUSE 8696JONE5 ROAD N 46'57'23"W 1,007.93' POND x—Aix—x.,sx—x—x J PROPOSED MGHT-OF-WAY DEDICATION TO8E FILED N/F VIOOHNSTANDWEIR CALLE015 ACRES SAVE AND EXCEPT 0.57 ACRES 113159/68 OPRBC1) 5/81NCH IRON ROB wax 1 PLASTIC CAP STAMPED °PACHECO VOW FOUND (CM) IR INCH IKON ROD FOUND ICM) V2INCH IRON ROD WITII BLUE PLASTIC CAP STAMPED °KERR SURVEYING' FOUND On 2 (CALLED 546.06'33" E 471.14', 18356/1480PROCT) 546°0631"E 471.84' METER POLE NOT IN SERVICE N/F 60-10NES ASSOCIATES LTN LOT IRA AGGIEIANO BUSINESS PARK PHASE2 00152/264 GARRET) EDGE OF PAVEMENT N 472537 W 1,008.32' (CALLED N44°43' 55°W, 4464/185 OPRBCT) IONESROAD (VARIABLE WIDTH RIGHT-OF-WAY APPEARS TO BE PRESCRIPTIVE IN NATURE) REMAINDER OF A CALLED 175ACRE TRACT (63/182, OROCI) EDGE OF PAVEMENT POINT OF BEGINNING FOR TRACT 1 121NOI IRON ROD F0UN0 (EMI 241NCH REINFORCED CONCRETE PIPE 15.569 ACRES TRACT2 NA RAYMUND HOLDINGS, OC CALLED 5.567 ACRES (183561148 OPRB(T) 1121NCHRON Roo FOUND ICAO !OW!? ti114,iDE ,7,,,11 h, IS' WIOERIGHT'OF-WAY EASEMENT 11154/386 MKT) 20' WIDE WATER LINE EASEMENT 00806/128 OP8BCO N 47°2745' W 471.52' (PUT CALLED AND MEASURED,181521264 0PRBCT) POINT OF BEGINNING FOR TRACT 2 121NCH IRON ROO F0UN0 (09) N/F 60-10NES ASSOCIATES LTD LOT 10.2, 4GGIELAND BUSINESS PARK PHASE 2 (18152/264°BRAT) LEGEND: ORBOT. DEED RECORDS OF BRAZOS COUNTY, TEXAS ORBCT.OfFICML RECORDS OF BRAZOS COUNTY, TEXAS 0PR9CT ° OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS 123/456 • VOLUME AND PAGE FROM PUBLIC COUNTY RECORDS X/F= NOW 0R FORMERLY () v RECORD INFORMATION • CLEAN Off j1 Inn POLE (. GIN WRE ELECTRIC SERVICE TELEPHONE PEDESTAL A/C UNIT AERIAL ELTBIC ONES WOOD FENCE BARB%WIRE rEE WIRE MESH FENCE 00(0 CONCRETE GRAVEL APPROXIMATE LOCATION OF ORIGINAL SURVEY UNE 18 MKII REINFORCER CONCALIE PPE 18 RICH REINFORCED Il.! MIME PIFf SURVEYOR'S CERTIFICATE: I, MICHAEL KONETSBL R.P.LS. NO.6531, U0 HE0F8Y (IRON THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FORA CATEGORY 1A, CONDITION 3, IAMO TITLE SURVEY AS MADE ON THE GROUND UNDER MY SUPERVISION. 14:, Pi c, MICHAELKONEISKI REGISTERED PROFESSIONAL LAND SURVEYOR N0.6531 SCALE: 1" = 60' 60 120 GENERAL NOTES BEARING SYSTEM SHOWN HEREON IS BASED ON TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE (4203), GRID NORTH AS ESTABLISHED FROM GP5 OBSERVATION USING THE IEICA SMARTNET NA083 (11A2011) EPOCH 2O10 MULTIYEAR (ORS SOLUTION 2 (MYC52). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS OTHERWISE NOTED. TO OBTAIN GRID 815TANCES (NOT AREAS) DIVIDE BY A COMBINED SCALE FACTOR OF 1.00010518745203 (CALCULATED USING GE01012B). (CM) INDICATES CONTROLLING MONUMENT FOUND AND USED TO ESTABLISH PROPERTY BOUNDARIES. THIS PLAT WAS PREPARED IN (08108CTION WITH A FIELD NOTES DESCRIPTION (METES AN0 BOUNDS). THE PLAT AND FIELD NOTES ARE INTEN0E0 TO BE ONE INSTRUMENT TOGETHER. TRACT I THIS SURVEY PLAT WAS PREPARED TO REFLECT THE TITLE REPORT ISSUE° BY UNIVERSITY TITLE COMPANY, GF N0. 224048, CERTIFICATION DATE: 11/290022. ITEMS LISTED ON THE EXCEPTIONS ARE ADDRESSED AS FOLLOWS: • BLANKET EASEMENT TO THE CRY OF BRYAN RECORDED IN VOLUME 90, PAGE 310 (ORBIT) DOES AFFECT THIS TRACT. THIS TRACT I5 BLANKET IN NATURE AND NOT PLOTTABLE. • 60' WIDE EASEMENT TO THE CITY OF BRYAN RECORDED IN VOLUME 20B, PAGE 459 (0R0(T) ODES (ROSS THIS TRACT AS SHOWN. • BLANKET EASEMENT TO THE CITY OF BRYAN RECORDED IN VOLUME 486, PAGE 511 (ORBIT) DOES AFFECT THIS TRACT. THIS EASEMENT IS BLANKET IN NATURE AND NOT PLOTTABLE. • 15' WIDE EASEMENT TO 6TE SW INC. IN VOLUME 1154, PAGE 306 (ORBIT) DOES NOT CROSS THIS TRAM. • 20' WIDE EASEMENT TO WELLBORN SPECIAL UTILITY DISTRICT IN VOLUME 10006, PAGE 128 ( OPRBCT) DOES CROSS THIS TRACT AS SHOWN. • •ALL OTHER ITEMS ARE NOT SURVEY ITEMS AND/OR ARE NOT ADDRESSED BY THIS PLAT. • ALL OTHER ITEMS ARE NOT SURVEY ITEMS AND/011 ARE NOT ADDRESSED BY THIS PLAT. TRACT 2 THIS SURVEY PLAT WAS PREPARED TO REFLECT THE TITLE REPORT ISSUED BY LAWYERS TITLE COMPANY OF BRAZOS COUNTY, GF NO. 544966, EFFECTIVE DATE DATE: 04/10/2022. ITEMS LISTED ON SCHEDULE B ARE ADDRESSED AS FOLLOWS: • BLANKET EASEMENT TO THE CRY OF BRYAN RECORDED IN VOLUME 98, PAGE 310 (ORBIT) DOES AFFECT THIS TRACT. THIS TRACT IS BLANKET IN NATURE AND NOT PIDTTABIE, • BLANKET EASEMENT TO THE CITY OF BRYAN RECORDED IN VOLUME 486, PAGE 517 (DRAM 00E5 AFFECT THIS TRACT. THIS EASEMENT 15 BLANKET IN NATURE AND NOT PLOTTABLE. • 15' WIDE EASEMENT TO GTE SW INC. IN VOLUME 1154, PAGE 366 (ORDER DOES CROSS THIS TRACT AS SHOWN. • 20' WIDE EASEMENT TO WELLBORN SPECIAL UTILITY DISTRCT IN VOLUME 10806, PA6E 128 ( OPR6CR DOES CROSS THIS TRACT AS SHOWN. • ALL OTHER ITEMS ARE NOT SURVEY 1TEM5 AND/DR ARE NOT ADDRESSED BY THIS PLAT. FLOOD PLAIN NOTES: THIS TRACT LIES WITHIN FIORD 70/IF'X' IINSHAOFO ANN DIIFS NIIT CIE WITHIN A SPECIAL FLOOD HAZARD AREA SUBJECT TO THE 1% ANNUAL CHANCE FLOOD (100 YEAR FLOOD MINI ACCORDING TO THE RRA1N5 11011NFY FUNK INSINLANCF RATE AMP (FIRM) PANEL N0. 48041CO285E, EFFECTIVE DATE: 05-16.2012. LAND TITLE SURVEY PLAT OF A 23.70 ACRE TRACT BEING THE REMAINDER OF A CALLED 35.9004 ACRES IN VOLUME 4464, PAGE 185 OPRBCT AND A 5.569 ACRE TRACT CALLED TO BE 5.567 ACRES IN VOLUME 18356, PAGE 148 OPRBCT JOHN H. JONES LEAGUE SURVEY, ABSTRACT 26 BRAZOS COUNTY, TEXAS 'When one person stands 10 galn over another, the facts must be uncovered° SCALE:11NCH.80 FEET SURVEY DATE: 01-12-2023 ) PLAT DATE: 01-25-2023 10B NUMBER:22-1054ICAO NAME: 22.1054•T11LE-S POINT TILE: 22-1054ALL-SURFACE (cant); 22-1054 (146) DRAWN BY: M5 CHECKED BY: MR PREPARED 8Y: KERR SURVEWN6, LLC TBPELS NRMN10018500 409 N. TEXAS AVENUE, BRY9N,TEXA571803 PHONE: (979)268-3195 SURVEYS@IKERRSURVEYING.NET I HERRLAN05URVEYING.COL1