HomeMy WebLinkAbout03-28-24-9.5a - Resolution - 03/28/2024RESOLUTION NO. 03-28-24-9.5a
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING
HOLLAND HOLDINGS RESERVE, 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 February 20, 2024, Holland Holdings Reserve, 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 in the approximate area of Hopes
Creek Road and North Dowling Road 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, 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 action
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.
PART 4: That this resolution shall become effective immediately after passage and approval.
Resolution No. 03-28-24-9.5a Page 2 of 3
ADOPTED this 28' day of March 2024.
ATTEST: APPROVED:
City Secretary
APPROVED:
q(14
City Attorney
Resolution No. 03-28-24-9.5a Page 3 of 3
EXHIBIT A
Approximately 11.667 acres of land being in the Thomas Yates Survey, Abstract 248, generally
located at Hopes Creek Road and N. Dowling Road.
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
February 20, 2024
On behalf of my client, Holland Holdings Reserve, LLC. c/o Charlie Dickerson, who has undersigned
below, and is the owner of a 11.667 Acre Tract in the Thomas Yates Survey, Abstract 248, in
accordance with Senate Bill 2038, hereby petitions that said property be removed from the City of
College Station Extra Territorial Jurisdiction (ETJ). Said property is further defined by Exhibit A,
attached hereto and containing a certified metes and bounds description of the property with exhibit.
If there are any questions or further information needed, please do not hesitate to contact me at 979-
739-0567.
r
Sinyvrely,
1
lean Jones, PE - -
President
Holland Holdings Reserve, LLC.
c/o Charlie Dickerson
Property Owner
Date Signed:
DOB:
0°14
441211('743 _
Residential Mailing Address:
1504 Foxborough Ln
Plano, TX 75093
"Aggie Owned and Operated"
-Page 1 of 1-
I
SCALE: 1" = 60'
120 100Fee1
1.1
N 50°20'43" W 14.20'
(CALLED N 50'20'43' W 1428',
16644/1410PPBCI)
L2
N 64`40'55" W 52.50'
(CALLED N 64.4055"W 52.50,
166441141 DPRBC7)
13
N 15°00'39" W 26A0'
(CALLED N 15'00'39' W 26.401,
1E6440410PR0(TI
ERN OF COLLEGESTATION
MONUMENT C594-114 BEAN5
N 74.46'07 W 64E0'
Y2INCH IRON ROD MYOI YELLOW
PLASTICCAPSTAMPED NERD
4502'PoUL'D(CM)
FIRE HYDRANT
3D WIDE WATERLINE
EASEMENT
01067A730PRB(I)
9IM717REA7EDGiTE
POST FOONO(CM)
6INCH MATE 06A1E
POST FiYIND(610
6/NCHCEDAR FEWE
POSTFA'ASW(CA4
4,15
30'WIDE PIPELINE EASEMENT
t 037013 01 ORBCT, AMENDED
6531/2510PRRC0
NIT `r:
VIRGINIAA. PARSONS
Papuan DIME REMAINDER DF (AILED
0584912D40PRBCT, CORRECTED IN 16628A
(15R49290 OPRBCT, CORRECTED IN 16628)1
GENERAL NOTES
BEARING SYSTEM SHOWN HEREON 15 BASED ON TEXAS COORDINATE
SYSTEM OF 1983, CENTRAL ZONE (4203), GRID NORTH AS ESTABLISHED
FROM GPS OBSERVATION USING THE LEI(A SMARTNET NA0133 (NA2011)
EPOCH 2O1O MULTIYEAR (ORS SOLUTION 2 (MY(52(.
DISTANCES SHOWN HEREON ARE SURFACE OBTAINS UNLE550CNETWASE
NOTED. TO OBTAIN GRID DISTANCES (NOT AREAS) DIVIDE BY ACOMBINED
SCALE FACTOR OF1.00D095938 (CALCULATED USINGEE1RDIZB).
((M) IND1ATE5 CONTRIWNG MONUMENT FOUND AND USED TO
ESTABLISH PROPERTY BOUNDARIES.
THIS SURVEY PLAT WAS PREPARED TO REFLECT THE THEE COMMITMENT
ISSUED BY CAPITAL TITLE OF TOMS, LTC, GF NO.23-760549-AG, EFFECFWE
DATE: 09-04-2023. ITEMS U51E0 ON SCHEDULE B ARE ADDRESSED AS
FOLLOWS:
• ITEM 10f: WATERLINE EASEMENT TO WELLBORN SUB 01067/173
OPRBCT) DOES CROSS THIS 1RACTAS SHOWN.
• ITEM TOR: EASEMENT TO WEUDDRN WATER SUPPLY CORP.
(2797/217 DRBCI) DOES AFFECT THIS TRACT. THIS EASEMENT CALLS
TO BE 15' WIDE, (ENTERED ON THE WATERUNE A5 INSTALLED AND 15
NOT PLOTTED DUE ID LA0C OF ABOVE GROUND EVIDENCE. THIS
EASEMENT APPEARS TO BE ENCOMPASSED BY THE ABOVE STATED
WATERLINE EASEMENT, 11067/1730PR11CT (ITEM10f).
• ITEM 10n: SURFACE SITE EASEMENT TO ETC TEXAS PIPELINE. LP
(77271E17 OPRB(T) DOES NOT APPEAR TO CROSS THIS TRACT. EXHIBIT
A OF THE EASEMENT DOCUMENT DEPICTING THE EASEMENT
LOCATION WAS NOT RECORDED.
• ITEMS10E, 10g,1Dj-IOm DO NOT AFFECT OR CROSS MIS TRACT.
• ALL OTHER ITEMS ARE NOT SURVEY ITEMS ANDIOR ARE NOT
ADDRESSED BY TPIS PLAT.
ORIGINAL SURVEY LINES SHOWN HEREON (IF ANY) ARE BASED ON
RAILROAD COMMISSION 615 DATA, ARE APPROXIMATED ONLY AND WERE
NOT LOCATED ON THE GROUND. THIS SURVEYOR DID NOT DETERMINE THE
EXISTENCE OF ANY VACANCY, EXCESS, 0R SHORTAGE OF AREA IN ANY OF
THE ORIGINAL GRANTS SHOWN HEREON.
THIS PIAT WAS PREPARED IN CONJUNCTION WITH A FIELD NOTES
DESCRIPTION (METES AND BOUNDS). THE PLAT AND FIELD ACRES ARE
INTENDED TO BE ONE INSTRUMENT TOGETHER.
R.67 9(RE TRACT 1
N71
D]R15S E PARSONS
(ALLIED II E67 MAF TCIAO
(A{44AOI OEWBETV
4/1I171127/ARFFAYE
POSTR70,YO1041
POINT OfBE6INN#16
/A 1RINO1/RONROOWWM
MOW PIAS77COIP5TAMPED
WAR 4502FWN0DEARS
552°42597 1.94'F70MTHE
PROPERTYCORNETN
V2 MI IRON ROD W M MOW
PLASM CAP STAMPED YA5'9
4500100N0(01T)
FLOOD PLAIN NOTES:
THIS TRACT LIES WITHIN FLOOD ZONE'IC UNSHADED AND DOES
NOT LIE WITHIN A SPECIAL FLOOD HAZARD AREA SUBJECT TO
THE 1% ANNUAL CHANCE FLOOD (100 YEAR FLOOD PLAN)
ACCORDING TO THE BRAZOS COUNTY FLOOD INSURANCE RATE
MAP (FIRM) PANEL N0. 48040305F, REVISED DATE
04-02-2614048041E0325E REVISED DATE 05.16-2012.
NIF
RAEANN WATSON PENNINGTON
IA12 ACRE TRACT
(TRACT W10,152070450PR1C)
U2 WY NON ROO NTOIYELLOW
FIASTICLIPSTAMPED YON
4501F0*0(AT1
SURVEYOR'S CERTIFICATE:
I, MNNAEL KORETSM, &P.LS. N0, 6531, D0 HEREBY CERDFY THAT
THIS SURVEY SUBSTANTIALLY COMPLIES WI1N THE CURRENT
TEXAS SKIM OF PROFESSIONAL SURVEYORS MANUAL OF
PRACTICE REQUIREMENTS FORA CATEGORY 1A, CONDmON 3, LAND
TIRE SURVEY A5 MALE ON THE GROUND UNDER MY SUPERVISION.
r▪ w
MICHAELKONETSW
REGISTERED PROFESSIONAL
LAND SURVEYOR N0.6531
U2/AYNNONR00 MYTHYQ(OW
PLASM CAP STAMPS, X'FR.P
4502TOM (OW
N/F
VI661NIA A. PARSONS
PORTION OF THE REMAINDER OF
CALLED 54.209 ACRE TRACT
(1513491284 DPOBCT, CORRECTED
IN 166287112 0P6BCTI
115849/2900PRINT, CORRECTED
IN 1662B/102 DPW)
-4,,
WF
RAYM0N0 L PARSONS
REMAINDER OF CALLE0181.6 ACRE TRACT
(682122B060CT)
LEGEND:
DRBCT=DEED RECORDS OF
BRAZ05 C06NIY, TEXAS
0A8CT= OFFICML RECOR050F
BRAZOS (MINTY, 1E(A5
0P6BCT- OFFICIAL PUBLIC
NEEGR050F BRAZOS COUNTY,
TEXAS
123/455 • VOLUME AN0 PAGE
FROM PUBLICCOUNTE RECORDS
INF= NOW 0R FORMERLY
() =RECORD INFORMATION
H WATER VALVE
0 WATER MEIER
fY UMLLIY POLE
E— GUY WIRE
® PIPE LINE MARKER
QQ TELEPHONE PEDESTAL
AERIAL ELECTRJ LINES
BARBED WIRE FENCE
WIRE A/ESH FENCE
APPROXIMATE LOCATION OF
ETC NATURAL GAS PIPELINE
_ GAS _
BUYER
HOLLAND R60UR(E511C
1111E
COMPANY
(WITALITCIE OFTEXAS,
23-760549-AG
IANO TITLE SURVEY PLAT
OF AN
11.67 ACRE TRACT
CALLED TO BE 11.667 ACRES IN
VOLUME 16644, PAGE 141 OPRBCT
THOMAS YATES SURVEY, ABSTRACT 248
BRAZOS COUNTY, TEXAS
"When one person stands
to gain over another, the
farts must be uncovered'
SCALE 1 INCH = 60 FEET
SURVEY DATE:01-02-2024) PLAT DATE 01-16.2024
LOB NUMBER:23-12451(AD MAME Z3.1245
POINT FILE: 20.719 )LAIN); E1•1245 (Lab)
DRAWN BY: WIB CHEMED BY: MK
PREPARED HY: KERR SURVEYING, 1LC
TBPELS FIR0A10018500
409 N. TEXAS AVENUE, BRYAN, TEXAS 77003
PHONE: (979) 268.3195
SURVEYS@NERRSURVEYING.NET) HERRLANOSURVEYIM6.COM
fr
FIELD NOTES DESCRIPTION
OF AN
11.67 ACRE TRACT
THOMAS YATES SURVEY, ABSTRACT 248
BRAZOS COUNTY, TEXAS
A FIELD NOTES DESCRIPTION OF 11.67 ACRES IN THE THOMAS YATES SURVEY, ABSTRACT 248, IN BRAZOS COUNTY, TEXAS,
BEING ALL OF A CALLED 11.667 ACRE TRACT OF LAND DESCRIBED IN A DEED TO CURTIS C. PARSONS RECORDED IN VOLUME
16644, PAGE 141 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID 11.67 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point on the southeast side of Hopes Creek Road (a variable width prescriptive right-of-way), for the north
corner of said 11.667 acre tract and the west corner of a called 1.012 acre tract of land described in a deed to Rae Ann
Watson Pennington recorded in Volume 15207, Page 145 (OPRBCT), from which a 1/2 inch iron rod with yellow plastic cap
stamped 'KERR 4502' found bears 5 52° 42' 59" E, a distance of 1.94 feet;
THENCE, with the common line of said 11.667 acre tract and said 1.012 acre tract, 5 52° 42' 59" E, for a distance of
210.02 feet to a 1/2 inch iron rod with yellow plastic cap stamped 'KERR 4502' found at the south corner of said 1.012 acre
tract and the southwest corner of a portion of the remainder of a called 54.209 acre tract of land described in a deed to
Virginia A. Parsons recorded in Volume 15849, Page 284 (OPRBCT);
THENCE, with the common line of said 11.667 acre tract and said portion of 54.209 acre tract, S 54° 54' 48" E, for a distance
of 80.57 feet to a 1/2 inch iron rod with yellow plastic cap stamped 'KERR 4502' found at a northwest corner of the
remainder of a called 181.6 acre tract of land described in a deed to Raymond L. Parsons recorded in Volume 682, Page
228 of the Official Records of Brazos County, Texas (ORBCT), for the east corner of said 11.667 acre tract and the east corner
hereof;
THENCE, with the common line of said 11.667 acre tract and said remainder of 181.6 acre tract, S 11° 32' 15" W, for a distance
of 1,178.79 feet to a 1/2 inch iron rod with yellow plastic cap stamped 'KERR 4502' found at the northeast corner of a portion
of said remainder of 54.209 acre tract, for the south corner of said 11.667 acre tract and the south corner hereof;
THENCE, with the southwest line of said 11.667 acre tract, the following five (5) courses and distances:
1) N 40° 10' 12° W, a distance of 353.82 feet to a 4 inch cedar fence post found;
2) N 41° 06' 56" W, a distance of 363.61 feet to a 6 inch treated gate post found;
3) N 50° 20' 43' W, a distance of 14.28 feet to an 8 inch treaded gate post found;
'Page
23-1245.docx
4) N 64° 40' 55" W, a distance of 52.50 feet to a 6 inch cedar fence post found; and
5) N 15° 00' 39° W, a distance of 26.40 feet to a 1/2 inch iron rod with yellow plastic cap stamped 'KERR 4502'
found on the southeast side of Hopes Creek Road for the west corner of said 11.667 acre tract and the west
corner hereof, from which the City of College Station monument CS94-114 bears N 74° 46' 07" W, a distance
of 64.60 feet;
THENCE, along the southeast side of Hopes Creek Road, with the northwest line of said 11.667 acre tract, the following two
(2) courses and distances:
1) N 34° 58' 46" E, a distance of 360.65 feet to a point; and
2) N 37° 17' 01° E, a distance of 542.48 feet to the POINT OF BEGINNING hereof and containing 11.67 acres, mare or
less.
Surveyed on the ground January 2024 under my supervision. See plat prepared January 2024 far 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 NA083 (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 1.000095938 (calculated using GEOID12B). Reference drawing: 23-1245.
14.49 1 /16/24
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
3uiveysf kerrsurveying.net I TBPELS Firm No.10018500
21 agc
23-1245.docx
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
FAX: 512/463-5709
Filing Fee: $300
Certificate of Formation
Limited Liability Company
Filed in the Office of the
Secretary of State of Texas
Filing #: 804520804 04/14/2022
Document #: 1139733550006
Image Generated Electronically
for Web Filing
Article 1 - Entity Name and Type
The filing entity being formed is a limited liability company. The name of the entity is:
il-ToWand Holdings Reserve. LLC
Article 2 — Registered Agent and Registered Office
FIA. The initial registered agent is an organization (cannot be company named above) by the name of:
!Holland Resources
OR
inB. The initial registered agent is an individual resident of the state whose name is set forth below:
The business address of the registered agent and the registered office address is:
Street Address:
1504 Foxborough Ln Plano TX 75093
Consent of Registered Agent
rA. A copy of the consent of registered agent is attached.
OR
i;-0B. The consent of the registered agent is maintained by the entity.
Article 3 - Governing Authority
PIA. The limited liability company is to be managed by managers.
OR
rB. The limited liability company will not have managers. Management of the company is reserved to the members.
The names and addresses of the governing persons are set forth below:
!Manager 1: Charlie D Dickerson IV
lAddress: 1504 Foxborough Lane Plano TX, USA 75093
fritie: Manager
Article 4 - Purpose
The purpose for which the company is organized is for the transaction of any and all lawful business for which limited
liability companies may be organized under the Texas Business Organizations Code.
Sup .lemental Provisions / Information
r
[The attached addendum, if any, is incorporated herein by reference.]
Initial Mailing Address
Address to be used by the Comptroller of Public Accounts for purposes of sending tax information.
the initial mailing address of the filing entity is:
1504 Foxborough Lane
Plano, TX 75093
USA
Organizer
rhe name and address of the organizer are set forth below.
!!Charlie D Dickerson IV 1504 Foxborouqh Ln, Plano. Tx 75093
Effectiveness of Filing
PIA. This document becomes effective when the document is filed by the secretary of state.
OR
rB. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its
[signing. The delayed effective date is:
Execution
uhe undersigned affirms that the person designated as registered agent has consented to the appointment. The
ndersigned signs this document subject to the penalties imposed by law for the submission of a materially false or
fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of
Ilaw governing the entity to execute the filing instrument.
harlie D Dickerson IV
[Signature of Organizer
FILING OFFICE COPY