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Home My WebLink About03-28-24-9.4c - Resolution - 03/28/2024RESOLUTION NO. 03-28-24-9.4c A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING SHARON AND STEVEN PITMAN'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 January 11, 2024, Sharon and Steven Pitman ("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 approximately in the area of Stousland Road and Saddle Creek Drive 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. Resolution No. 03-28-24-9.4c Page 2 of 3 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. PART 4: That this resolution shall become effective immediately after passage and approval. ADOPTED this 28th day of March 2024. ATTEST: APPROVED: cDflnatk City Secretary Mayor APPROVED: City Attorney Resolution No. 03-28-24-9.4c Page 3 of 3 EXHIBIT A Approximately 17.34 acres of land being in the James C. Stuteville Survey, Abstract 216, generally located at Stousland Road and Saddle Creek Drive. Glenn Jones PE #97600 Firm #9951 J4 Engineering Consulting • Engineering • Construction Services 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, PO Box 5192 Bryan, Texas 77805 Phone: 979-739-0567 gjones@ j4engineering.com January 11, 2024 RE��VE 40 JAN$2021 On behalf of my client, Steven & Sharon Pittman, who has undersigned below, and is the owner of 17.34 Acre Tract in the James C. Stuteville Survey, Abstract 216, 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 .7. Sin er:ly, Glenn Jones, PE Steven Pittiiian President Property Owner Date Signed: DOB: Sharon Pittman Property Owner Date Signed: DOB: Residential Mailing 701 Francis Dr College Station, TX "Aggie Owned and Operated" -Page 1 of 1- 47- kThivtGu(A_F Address (for both): 77840 FIELD NOTES DESCRIPTION OF A 17.34 ACRE TRACT JAMES C. STUTEVILLE SURVEY, ABSTRACT 216 BRAZOS COUNTY, TEXAS A FIELD NOTES DESCRIPTION OF 17.34 ACRES IN THE JAMES C. STUTEVILLE SURVEY, ABSTRACT 216, IN BRAZOS COUNTY, TEXAS, BEING ALL OF A CALLED 7.54 ACRE TRACT OF LAND AND THE REMAINDER OF A CALLED 10.00 ACRE TRACT OF LAND, BOTH DESCRIBED IN A DEED TO STEVEN PITTMAN AND SHARON PITTMAN RECORDED IN VOLUME 16285, PAGE 279 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID 17.34 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2 inch iron rod with yellow plastic cap stamped 'STRONG RPLS 4961' found an the southwest side of Stousland Road (a variable width right-of-way, 18028/79 & 18346/121 OPRBCT and multiple other deeds) at the north corner of said remainder of 10.00 acre tract, same being the east corner of the remainder of a called 12.44 acre tract of land described in a deed to Charles C. Terry, Jr. and Elizabeth A. Terry recorded in Volume 1196, Page 681 of the Official Records of Brazos County, Texas (ORBCT), from which a 5/8 inch iron rod with yellow plastic cap stamped `RPLS 1905' found at the original north corner of said 10.00 acre tract bears N 41° 39' 50" E, a distance of 14.01 feet and the City of College Station monument 'MON 4' bears N 24° 42' 15" W, a distance of 1,743.97 feet; THENCE, with the southwest line of Stousland Road and the northeast line of said remainder of 10.00 acre tract, the following two (2) courses and distances: 1) 5 29° 01' 51" E, a distance of 73.78 feet to a 1/2 inch iron rod with yellow plastic cap stamped `STRONG RPLS 4961' found for an angle point; and 2) 530° 37' 14" E, a distance of 510.48 feetto a 1/2 inch iron rod with yellow plastic cap stamped 'STRONG RPLS 4961' found in the northwest line of said 7.54 acre tract for the east corner of said remainder of 10.00 acres; THENCE, with the northwest line of said 7.54 acre tract, N 58° 50' 02" E, for a distance of 13.80 feet to a 1/2 inch iron rod with red plastic cap stamped `SM KLING RPLS 2003' found at the north corner of said 7.54 acres; THENCE, with the northeast and southeast lines of said 7.54 acre tract, same being the southwest and northwest lines of Stousland Road, the following seven (7) courses and distances: 1) S 30° 2T 19" E, a distance of 14.32 feet to a cross -tie fence post found; 2) 5 62° 21' 00" E, a distance of 16.14 feet to a 6 inch treated fence post found; Wage 23-1036.docx 3) 5 29° 25' 58" E, a distance of 354.22 feet to a 5 inch treated fence post found; 4) 5 25° 02' 39" E, a distance of 76.34 feet to a cross -tie fence post found; 5) 5 05° 54' 41" E, a distance of 41.42 feet to a 4 inch treated fence post found for the most easterly corner hereof; 6) 5 35° 00' 11" W, a distance of 21736 feet to an 18 inch oak tree found in fence; and 7) 5 41° 01' 41" W, a distance of 328.98 feet to a 5/8 inch iron rod with yellow plastic cap stamped 'RPLS 1905' found at the east corner of a called 10.00 acre tract of land described in a deed to James Tillman and Barbara Tillman recorded in Volume 14891, Page 195 (OPRBCT), the south corner of said 7.54 acre tract and the south corner hereof; THENCE, with the common line of said Pittman tracts and said Tillman tract, N 48° 06' 19" W, at a distance of 511.98 feet passing a 1/2 inch iron rod with a red plastic cap stamped `SM KLING RPLS 2003' found at the west corner of said 7.54 acre tract and the south corner of said remainder of 10.00 acre tract, and continuing for a total distance of 1,055.89 feet to a 5/8 inch iron rod with yellow plastic cap stamped `RPLS 1905' found in the southeast line of said Terry remainder of 12.44 acre tract, at the north corner of said Tillman tract, the west corner of said remainder of 10.00 acre tract and the west corner hereof; THENCE, with the common line of said Terry and Pittman tracts, along the northwest line of the James C. Stuteville Survey, N 41° 39' 50" E, for a distance of 880.03 feet to the POINT OF BEGINNING hereof and containing 17.34 acres, more or less. Surveyed on the ground November 2023 under my supervision. See plat prepared November 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 1.000074430 (calculated using GEOID12B). Reference drawing: 23-1036-5. LL2L/c 11/16/23 Michael Konetski Registered Professional Land Surveyor No. 6531 KERR SURVEYING Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803 Office: (979) 268-3195 I Web: www.kerrlandsurveying.com SurveysC1kerrsurvey,ing.net I TBPELS Firm No.10018500 23-1036.docx MONROD N CAPSTA YELLOW PUNY CAP STAMPED HITS 1905VOUNAWAR5 N4P3950-E FAIR r/i RSA,: 439, PONT OFBEONNIAS I2INCH IALWRGD NM YHL121VHA IJI MP STAMPED STRAVGRPLS 4961'PoIO0101 N/F CRADLE C.TERRY, IA. AND ELIZABETH A TERRY REMAINDER OF CALLED 12.44ACRE TRACT (1196/681 ONCE) 5/BINCH UONACO R1917IYHIDWHA577C UPSTAMPED ONES 7905'FOGRO/L41 126YOIOIOR RRW MIN YELLOW MARX CAP5TAMPLJ5A10A6 APIS4961foNN0(Gl/ ' ` I ------ = max AF9/0 HTDTDR'�W1 \ \4EI. \ x `��NED• -D"'EfLpSS`' ▪ METALBAAN S3-0 4 SIQg8''�x�— 4_ x�- N/F STEVEN PITTMAN AND SHARON PITTMAN REMAINDER OF CALLED 10.00 ACRETIWCT 16285279 OPR00) ((OLEOS 27'1 DT0' E 1432', 16215279 OPRBCT) S 30°27'19' E 14.32' 121NGY1RONRL70WIT FIRED PLASTICCAPSTAAAPED SM/ ID/MG2 L520RTFIX/,1E((AD 1 (CALLED N 59'45'33' E 14.03, 11302B/79 OPRBCH N ROS0132° E 13.80' O9715.77EFSt10E INSTfONAD(GO (CALLED 5 59'3230' E IBM'.16E52790PNBCT S62"21.00'E law 6/N(HIREI7H1 - 1EVLF/YKT R7GWD(CAO r � 6 r• gs INN 42/AEWIRO A,RODMTTRED PIASTN CAPSTANPEO Sit Kl.M6R S52003701 07(131/ SCALE: 1" = 50' so 100 150 rat FLOOD PLAIN NOTES: FIo THIS TRACT UES WITHIN 00 ZONED UNSHADED AND DOE NOT LIE WITHIN A SPECIAL FI0(10 HAZARD AREA SUBIEE TD THE 1% ANNUAL CHANCE FLOOD (000 YEAR FLOOD PLAIN) ACCORINA TO THE BRAZOS COUNTY FLOOD INSURANEC RATE MAP (FIRM) PANEL ND. 48041(0325E 6 4110411.0375E, REVISED DATE: P546-2012. A *RN W7N/OT210WMASRr ~�' CAPSTAMPED SCHUN6 I �_ RH54%T(DM50' (DECO -S+• - [1734A(RETRACT� N 4B'0619' W 1,055.R9' (CALLED N 44'48'53' W 1,59970, IEOA5/279 CORED PIPELINE RISER I �� 1/ r 5INCN7REAIH7 I FEATFli7ST (CALLED 5229000'E 7630', ---..,...16285279OPRBCT) te"---7-- r--525'0239'E 7534' \ (CALLED 5 0199'00' E 47O, 16285279 OPRBCO - 5 05°54'41° E 41.42' BENCHMARK NOTES CflY OF COLLEGE STATION MONUMENT'MON 4' N1017103L030,E9567536.952,EIEV2136.558' (ELEVATION DAMN HARD 1988, 6E011109) 5/0 INCH IRON ROB WITH RED PLASTIC CAP STAMPED 'KERR SOME CONTROL POINT SET RN THE NORTH CORNER OF THE INTERSECTION OF STOUSLAND ROAD AND WADE ROAD, -9.5 FEET NORTH( EDGE OF PAVEMENT 11:10169520.02, E:35E0301329,ELE11:292.44' 510 INOI IRON BOB WITH RED PLASTIC CAP STAMPED 'KERR SOAR. CONTROL POINT SET ON THE SOUTHWEST ODE OF SADDLE CNFE DRIVE AT THE ENTRANCE TO THE SADDLE CREEK SUBDIVISION, ACROSS FROM THE DRIVEWAY TO 170E55A00 E CREEK DR, -3 FIETFROM THE EDGE OFPAVEMENT NIOGB524.63, L3566959.63, EIEY28637' "'COORDINATE SHOWN HEREON ARE TEI(AS STATE PLANE CENTRAL ZONE GRID (NUT SURFACE) NAD 83 COORDINATES... / FOUND(AI! lAa.£5-OE78WE POSTRRAIO/AY/ -��Y� - kMAX IR64IH1 FENCE POST \ —, RWND(OW ) r ram_ r r I r r f ! J I r 511.98' ELF JAMES TILLMAN AND BARBARA TILLMAN CALLED 1000 ACRE TRACT (14891095DPRBCT) WF STEVEN PIITMAN AND SHARON PITTMAN CALLED 754 ACRETRACT D6285(279OPRBCT) )i I' (CALLED 5309560' W 21130', 162E5/279 OPRBCT) 53590011°W 217.36' SADDLE CREEK DRIVE (TOT WIDE RIGHT-OF-WAY, 79201176 OPRBLTI ALAI6'rNP21fiA' RAA'OAP: 2761? (CALLED 54499'00'W 328.9R, 162E15/279OPRCT( �- S 41'01'41' W 320.98' lT II I1YOM'7NEE FLRAL9IA, 1-01t ICAO 15' WIDE WATER LINE EASEMENT (4322/225 OPRBCT 5/PINCH IRAYROD WAIN 1E/LOWPLA577C OAPSTAACPEO RPLS 191T'RN6D(174/ IGENERAL NOTES BEARING SYSTEM SHOWN HEREON IS BASED ON TEXAS COORDINATE SYSTEM OF LOOT CENTRAL ZO E (4203), 6RO NORTH AS ESTABLISH® FROM CAPS OBSERVATION USING THE WEE SNARINET NADE9 (NA20H) EPOCH 2O0 MULTI -YEAR CD15 SOLUTION 2 (MYCS2). DISTANCES SHOWN HEREON ARE SURFACE DISTANCES UNLESS O NERVA ENOTEO. TO OBTAIN MEND DISTANCE (NOT AREAS) DIVIDE BY ACOMBINED SCALE FACTOR 0E1.00004430 (CAULIA1i0 ILSIN6 GEDIDEE). (CM) INDICATES CONTROLLING MONUMENT FOUND ANO USED TO FATABLISH PROPEIYBOUNDARIES. CONTOUR LINES AND ELEVATIONS SHOWN HEREON WERE CREATED BASED ON DATA (OIIELI) IN THE FIELD BY norm SURVEYING USING AERIAL DRONE UDAR AND CONVENTIONAL SURVEY DIT IPMMII. ELEVATION DATUM: NAV119BB (GE01D120). THIS SURVEY PLAT WAS PREPARE TO REFLECT THE TITLE REPORT ISSUED BY UNIVERSITY TIRE COMPANY, GE NO. 230500ms, DATE: 10-22-2023. EXCEPTIONS LISTED ON SAID REPORT ARE ADDRESSED AS FOLLOWS • ELECTRICAL EASEMENT TO THE CITY OF BRYAN 1141/473 DELI) DOE AFFECT TIE TRACT. TIES EASEMENT CALLS TO RE 20' WOE, CENTERED ON A UTILTY LONE AS INSIAUFD THE UTILITY LINE SHOWN HEREON MAY OR MAY NOT ES COVERED BYINS EASE ENT. • EASEMENT TO WELLBORN WATER SUPPLY CORP (303/329 ORBCT) ODES AFFECT TNIS TRACT. TH5 EASEMENT CALLS TO BE 20' WIDE, CENTERS] ON THE WATERLINE AS INSTALLED EASEMENT S NOT SHOWN OVEN INSUFFICIENT EVIDENCE OF WATERLINE LOCATION. • EIECTRICALEASEMENTTO THECIIY OF BRYAN (4282640RET) DOE NCRARHTTEETRACT. • PIPELINE EASEMENT TO CLDJON GAS CO. (472/221 COACT) DOES CONS THIS TRACT. APPROXIMATE WEAPON IS SHOWN. PIPELINE WILL NEED TO BE MARKED/POTHOLED TO DEIROIWE EXACT LOCATION OF EASEMENT. • PIPELINE EASEMENT 10 CLAM GAS CO. (545/509 DBBC1) DOES APPLY TO THIS TRAM. TIE EASEMENT WORTH AND LOCATION ISNOTDEFINED. • IS WIDE WATER LINE EASEMENT TO WELLBORN WARM SUPPLY COR114322R75 OPR&T( DOES CROSS THIS TRACT AS SHOWN. • EASEME TTO WELLBORN WATER SUPPLY CORP (9028/46 OPRBC) MAY AFFECT 19W TRACT. T 5 EASEMENT CAIISEO RE 15' WIDE, CENTERED ON THE WATERJNE AS INSTALLED FAOMBIT IS NOT SHOWN DUE TO INSUFFICIENT EVIDENCE OF WATER UNE LOCATION. • ALL OTHER ITEMS ARE NOT SURVEY ITEMS AND/OR AREN'T ADDRESAOBYTHIS FIAT. ORIGINAL SURVEY LINE SHOWN HEREON (IF ANY) ARE BASE ON RAILROAD COMMISSION RD DATA, AM APPROXIMATED ONLY ANTI WERE NOT LOCATE ON THE GROUND. THS SURVEYOR RID NOT DETERMINE THE EXISTENCE OF ANY VACANCY, EXCESS, OR SHORTAGE OF AREA IN ANY OF THE ORIGINAL GRANTS SHOWN HEWN. UNDERGROUND nuns ARE APPROXIMATE BASE ON ABOVE GROUND FEATURE MO MARKINGS BY UTILITY PROYIDEFS ADDDONAL UTTLmES MAY FXISTTNATARENOT910NM ON IHG9MVSY, THIS PLAT WAS PREPARED R CONJUNCTION WOH A FIELD NOTES DESCRIPTION (MERE AND BOUNDS). THE PLAT AND FIELD NOTE ARE INTENDED TO BE ONE INSTBUMENTTOGEMER FRAM' =DEO RECORDS OF BRAZOS COUNTY, TEXAS MET •official. RECORDS OF BRAZOS CONIY,TEES OPRBCT • OFRCULL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS 123/456•VOLUMEANO I PAGE FROM PUBLIC COUNTY RECORDS - - — LEGEND: N/P • NOW OR FORMERLY ) • RECEAD INFORMATION 44 WATER VALVE 121 WATER METER 44- FIRE HYDRANT ji 11TIUTY POLE E— UNWIRE ® PPE UNE MARKER Q TELEPHONE PEDETAL 1 PNRAG AERIALTELEPHOEE IRES —AT— AERIALELECFRICUNES BARBED WIRE LEAF — N — N — WIRE MESH FENCE APPROXIMATELOCATIDN OF BURIED COAMUNICATIOS CABLE IT — SURVEYOR'S CERTIFICATE: I, MICHAEL KONETSNI, RPLS. NO. 6531, DO HEREBY CERTIFY THAT THIS SURVEY SUBSTANTIALLY COMPLIES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS MANUAL OF PRACTICE REQUIREMENTS FOR A CATEGORY 13 6 6, CONOOON 3, STANDARD LAND AND TOPOGRAPHIC SURVEY AS MADE ON THE MOOED UNDER MY SUPERVENE. i� REGISTERED PROFESSIONAL LAND SURVEYOR NO.6531 TSPS STANDARD LAND AND TOPOGRAPHIC SURVEY PLAT OFA 1734 ACRE TRACT BEING ALL OF A CALLED 7.54 ACRE TRACT AND THE REMAINDER OFA CALLED 10 ACRE TRACT RECORDED IN VOLUME 16285, PAGE 279 OPRBCT JAMES C. STUTEVILLE SURVEY, ABSTRACT 216 BRAZOS COUNTY, TEXAS EYING 'When one person stands to gain over another, the farts must be uncovered" SCALE1 INCH = SO FEET SURVEY DATE:11.03-2023 I PLAT DATE:11-16-2023 108 NUMBER: 23-1036 I CAD NAME 23-1036-5 POINT FILE: WADE -GRID (cant); 23-1036Ijob( DRAWN BY: WE CHEIXE BY:MK PREPARED BY: KERR SURVEYING, UC TAPES F1E111001SS00 409 N. TEXAS AVENUE, BRYAN, TEXAS77RD3 PHONE:(979) 268.3R5 SURVEYSC1KERRSURVEYIN6.NET I KEORLANDSURVEYIN6.COM