HomeMy WebLinkAbout03-28-24-9.5c - Resolution - 03/28/2024RESOLUTION NO. 03-28-24-9.5c
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING
BASSICHIS DEVELOPMENT, 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 12, 2024, Bassichis Development, 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 along Royder
Road between Greens Prairie Road and Frierson 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. 03-28-24-9.5c Page 2 of 3
ADOPTED this 28' day of March 2024.
ATTEST: APPROVED:
c31f/7)zi,_
City Secretary
APPROVED:
q(14
City Attorney
Resolution No. 03-28-24-9.5c Page 3 of 3
EXHIBIT A
Approximately 99.844 acres of land being in the Samuel Davidson League, Abstract No. 13,
generally located at along Royder Road between Greens Prairie Road and Frierson Road.
BASSICHIS DEVELOPMENT, LLC
COI.T.F,GE STATION, TEXAS
February 12, 2024
City of College Station — City Secretary's Office
Attn: Tanya Smith
1101 Texas Avenue
College Station, Texas 77842
RE: Bassichis Development, LLC Tract (Royder Road) — Petition for Release from the City of College
Station's Extraterritorial Jurisdiction
Tanya:
In accordance with Texas Local Government Code, Chapter 42, Subchapter D, please let this letter serve
as the Petition for Release from the City of College Station's Extraterritorial Jurisdiction for the following
property:
• Legal Description: Samuel Davidson Survey, A-13, Tract 111, 99.962 Acres
o Brazos CAD Property ID: 11214
o Refer to attached Tract Exhibit (Exhibit A) for location information.
• Owner: Bassichis Development, LLC
o Refer to attached Certificate of Formation (Exhibit B) and Certificate of Amendment
(Exhibit C) confirming my authority to represent this entity.
Let me know if you need any further information to process this Petition.
Respectfully Submitted,
William Bassichis, Manager
Bassichis Development, LLC
1501 Wolf Run
College Station, Texas 77840
CC:
A7Le Z/ZA0Z 52-
A o. /3.: 8 j I 9'3 -7
ale, /9 . /o¢oS 7aSgC
Bryan Woods, College Station City Manager
Michael Ostrowski, Planning & Development Services Director
Prarthana Banerji, Brazos County Engineer
Attachments: Exhibit A —Tract Exhibit
Exhibit B — Certification of Formation
Exhibit C — Certificate of Amendment
Page 1 of 1
McCLURE 8 SROWNE ENGINEERING/SURVEYING, INC • 1008 Woodcreek Drive, Suite 103 • College Station, Texas 77845 • (979) 693-3838
10000503 Exhibit
Texas Firm Registration No. 10103300
LINE TABLE
LINE
BEARING
DISTANCE
L1
S 40'15'46" W
215.78'
L2
S 41'21'04" W
142.45'
L3
S 43'09' 10" W
124.30'
L4
S 51'15'16" W
112.70'
L5
S 45'4753" E
8.78'
L6
N 46'46'40" W
915.63'
L7
N 41'42'45" E
21.62'
L8
N 4715'38" W
867.27'
L9
S 46'49'29" E
461.67'
L10
S 46'59'38" E
409.00'
L11
S 43'03'44" W
19.60'
L12
S 4701'48" E
877.33'
L13
S 47'48'52" E
360.78'
L14
S 43'00'15" W
21.56'
Approximate Limits of
Special Flood Hazard Area �►
Zone A �♦
Block 1
Hidden Springs Subdivision
Phase 1
V8328, P.29
•
•
1
t
Called 0.515 Acre
Now or Formerly
John & Diane Duncum
V.5819, P.227
Lot 3
Now or Formerly
Stephen &
Lori Alexander
V.15342, P.179
i
1
L7.
Lot 4
Now or Formerly
Derrick & Kristi Lemley
V.10743, P.59
1
Lot 5
Now or Formerly
Joshua &
Tara Conover
V.15455, P.181
I
Lot 12•
Now or Formerly ♦
Zachary &
Loretta Grasley �.
V.12419, P.38
�I I
V
I
t
•
f
'3
♦
•
•
I
X-
Replot
CSIS Greens onraire
Susi
V..14401, P.191
Called 19.462 Acre
ailed 50.576XAcre
S )41'49'10" W - 8�23.15'
Tract One
Called 6.72 Acres
Now or Formerly
Raymond Olson
V.18363, P.131
Lot 1 R
Now or Formerly
College Station ISD
V.14401, P.191
N 43 y0'15" E - 2472.35'
of
v
U)
v
0 0
0 C
Original
jet Property Line
Original
/ Property Line
/ X jE
Called 4.00
Called 15.924 Acre
Called 10.00 Acre
99.844 Acres
L5
S A 42'22'19" W - 1058.111
Called 14.826 Acres
Now or Formerly
Raymond & Susan Olson
V.4303, P.61
EXHIBIT
Called 10.00
.00 Acre
X
Called 50.576 Acre
L¢ L3 L2 L 1
OE—
OE
OE
FIELD NOTES
99.844 ACRES
Being all that certain tract or parcel of land lying and being situated in the SAMUEL DAVIDSON
LEAGUE, Abstract No 13, Brazos County, Texas and being a total of 99.844 acres of land consisting
of the following four (4) individual tracts:
1) Being all of the called 15.924 acre Tract One and all of the called 4.00 acre Tract Two
described in the deed from Smiling Mallard Management LLC. to Bassichis Development,
LLC. recorded in Volume 15562, Page 71 of the Official Public Records of Brazos County,
Texas (O.P.R.B.C.),
2) Being all of the called 19.462 acre tract described in the deed from William H Bassichis and
Yudith Z. Bassichis to Bassichis Development, LLC. recorded in Volume 17012, Page 219
(O. P R. B.C.),
3) Being all of the called 50.576 acre tract described in the deed from William H. Bassichis and
Yudith Z Bassichis to Bassichis Development, LLC. recorded in Volume 17012, Page 225
(O.P R.B.C.), and
4) Being all of the called 10.00 acre tract described in the deed from Karen Bassichis to Bassichis
Development, LLC. recorded in Volume 17012, Page 230 (O.P.R.B.0 ),
and being more particularly described by metes and bounds as follows:
BEGINNING: at a found 1/2-inch iron rod marking the common east corner of this herein described
tract and the called 50.576 acre Bassichis Development, LLC tract, said iron rod also marking the
north corner of the called 14.826 acre Raymond Olson and Susan Olson tract recorded in Volume
4303 Page 61 of the Official Records of Brazos County, Texas (O.R B.C.) and being in the southwest
margin of Royder Road, from whence a found 1/2-inch iron rod marking the east corner of the called
14.826 acre Olson tract bears S 47° 48' 52" E at a distance of 360.78 feet for reference;
THENCE along the common line of this tract and the called 14.826 acre Olson tract for the following
six (6) calls:
1) S 40° 15' 46" W for a distance of 215.78 feet to a 1/2-inch iron rod set for angle,
2) S 41° 21' 04" W for a distance of 142.45 feet to a 1/2-inch iron rod set for angle,
3) S 43° 09' 10" W for a distance of 124.30 feet to a 1/2-inch iron rod set for angle,
4) S 51° 15' 16" W for a distance of 112.70 feet to a found 3/8-inch iron rod marking an angle
point of this tract,
5) S 42° 22' 19" W, at 4.66 feet, pass a found 36-inch post oak for reference, continue for a total
distance of 1,056.11 feet to a found 3/8-inch iron rod marking a corner of this tract, and
6) S 45° 47' 53" E for a distance of 8.78 feet to a found 5/8-inch iron rod marking an exterior
corner of this tract, said iron rod also marking the west corner of the called 14 826 acre Olson
tract and the north corner of the called 6.72 acre Raymond Olson Tract One recorded in
Volume 18363, Page 131 (O.P.R.B.C.);
THENCE: S 41° 49' 10" W along the common line of this tract and the called 6.72 acre Olson Tract
One for a distance of 823.15 feet to a found 1/2-inch iron rod marking the common south corner of this
tract and the called 50.576 acre Bassichis Development, LLC. tract, said iron rod also marking the
west corner of the called 6.72 acre Olson Tract One and an angle point of Lot 12, Block 1, HIDDEN
SPRINGS SUBDIVISION, PHASE 1 according to the Final Plat recorded in Volume 8328, Page 29
(O.P.R.B.C.);
THENCE N 46° 46' 40" W along the common line of this tract said Lot 12, Block 1 and Lots 5 and 4,
Block 1 of said HIDDEN SPRINGS SUBDIVISION, PHASE 1 for a distance of 915.63 feet to a found
1/2-inch iron rod marking an exterior corner of this tract, said iron rod also marking the west corner of
the called 50.576 acre Bassichis Development LLC tract and the south corner of the called 0.515
acre John M. Duncum and Diane Duncum tract recorded in Volume 5819 Page 227 (O.R.B.C.);
THENCE along the common line of this tract and the called 0.515 acre Duncum tract for the following
two (2) calls:
1) N 41° 42' 45" E for a distance of 21.62 feet to a found 5/8-inch iron rod marking an interior
corner of this tract, said iron rod also marking the east corner of the called 0.515 acre Duncum
tract and the south corner of the called 19.462 acre Bassichis Development, LLC. tract, and
2) N 47° 15' 38" W for a distance of 867.27 feet to a found 5/8-inch iron rod marking the common
west corner of this herein described tract and the called 19.462 acre Bassichis Development,
LLC tract, said iron rod also marking the north corner of the called 0.515 acre Duncum tract
and being in the southeast line of Lot 1R, Block 1, CSISD GREENS PRAIRIE SUBDIVISION
according to the Replat recorded in Volume 14401, Page 190 (O.P.R B.C.), from whence a
found 5/8-inch iron rod marking the south corner of said Lot 1R Block 1 and the west corner of
the called 0.515 acre Duncum tract bears S 43° 00' 15" W at a distance of 21.56 feet for
reference;
THENCE N 43° 00' 15" E along the common line of this tract, said Lot 1R Block 1 and into said
Royder Road, at 965.65 feet, pass a found 1/2-inch iron rod marking the north corner of the called
19.462 acre Bassichis Development, LLC tract and the west corner of the called 15 924 acre
Bassichis Development, LLC Tract One, continue for a total distance of 2 472.35 feet to a point
marking the common north corner of this tract and the called 15.924 acre Bassichis Development
LLC. Tract One, said point also being at or near the centerline of said Royder Road, from whence a
found 1/2-inch iron rod marking the east corner of said Lot 1R, Block 1 bears S 43° 00' 15' W at a
distance of 35.37 feet for reference;
THENCE along the approximate centerline of said Royder Road for the following two (2) calls:
1) S 46° 49' 28" E for a distance of 461.67 feet to an angle point, said point also marking the east
corner of the called 15.924 acre Bassichis Development, LLC. Tract One and the north corner
of the called 10.00 acre Bassichis Development, LLC. tract, from whence a found 1/2-inch iron
rod being in the southwest margin of said Royder Road bears S 43° 03' 44" W at a distance of
16.98 feet for reference, and
2) S 46° 59' 40" E for a distance of 409.00 feet to a point for corner said point also marking the
east corner of the called 10.00 acre Bassichis Development, LLC. tract;
THENCE S 43° 03' 44" W into and through said Royder Road for a distance of 19.60 feet to a found
1/2-inch iron rod marking an interior corner of this tract, said iron rod also marking the north corner of
the called 50 576 acre Bassichis Development LLC. tract and being in the southwest margin of said
Royder Road
THENCE S 47° 01' 48" E along the southwest margin of said Royder Road for a distance of 877.33
feet to the POINT OF BEGINNING and containing 99 844 acres of land.
I, Cody Karisch, Registered Professional Land Surveyor
No. 7004, State of Texas, do hereby certify to the best
of my knowledge information and belief, and in my
professional opinion that this survey is true and correct
and agrees with a survey made on the ground under my
supervision on March 4, 2024
EXHIBIT A
1
BASSICHIS DEVELOPMENT, LLC
COLLEGE STATION, TEXAS
TRACT EXHIBIT
2/3/2024
EXHIBIT B
Corporations Section
P.O.Box 13697
Austin, Texas 78711-3697
Office of the Secretary of State
November 27, 2017
Attn: Goldin Peiser & Peiser LLP
Goldin Peiser & Peiser LLP
16800 Dallas Pkwy Ste 240
Dallas, TX 75248 USA
RE: Bassichis Development LLC
File Number: 802866211
Rolando B. Pablos
Secretary of State
It has been our pleasure to file the certificate of formation and issue the enclosed certificate of filing
evidencing the existence of the newly created domestic limited liability company (llc).
Unless exempted, the entity formed is subject to state tax laws, including franchise tax laws. Shortly,
the Comptroller of Public Accounts will be contacting the entity at its registered office for information
that will assist the Comptroller in setting up the franchise tax account for the entity. Information about
franchise tax, and contact information for the Comptroller's office, is available on their web site at
http ://window. state.tx.us/taxinfo/franchise/index.html.
The entity formed does not file annual reports with the Secretary of State. Documents will be filed
with the Secretary of State if the entity needs to amend one of the provisions in its certificate of
formation. It is important for the entity to continuously maintain a registered agent and office in
Texas. Failure to maintain an agent or office or file a change to the information in Texas may result in
the involuntary termination of the entity.
If we can be of further service at any time, please let us know.
Sincerely,
Corporations Section
Business & Public Filings Division
(512) 463-5555
Enclosure
Phone: (512) 463-5555
Prepared by: Lisa Sasin
Come visit us on the Internet at http://www.sos.state.lx.us/
Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services
TID: 10285 Document: 775786190002
Corporations Section
P.O.Box 13697
Austin, Texas 78711-3697
Office of the Secretary of State
CERTIFICATE OF FILING
OF
Bassichis Development LLC
File Number: 802866211
Rolando B. Pablos
Secretary of State
The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the
above named Domestic Limited Liability Company (LLC) has been received in this office and has been
found to conform to the applicable provisions of law.
ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the
secretary by law, hereby issues this certificate evidencing filing effective on the date shown below.
The issuance of this certificate does not authorize the use of a name in this state in violation of the rights
of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or
Professional Name Act, or the common law.
Dated: 11/21/2017
Effective: 11/21/2017
Rolando B. Pablos
Secretary of State
Phone: (512) 463-5555
Prepared by: Lisa Sasin
Come visit us on the Internet at http://www.sos.state.tx.us/
Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services
TID: 10306 Document: 775786190002
Secretary of State
'fP.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 #: 802866211 11 /21 /2017
Document #: 775786190002
Image Generated Electronically
for Web Filing
Article 1 - Entity Name and Type
The fling entity being formed is a limited liability company. The name of the entity is:
Bassichis Development LLC
Article 2 — Registered Agent and Registered Office
A. The initial registered agent is an organization (cannot be company named above) by the name of:
!'Goldin Peiser & Peiser LLP
OR
fB. The initial registered agent is an individual resident of the state whose name is set forth below:
C. The business address of the registered agent and the registered office address is:
!Street Address:
06800 Dallas Pkwy Ste 240 Dallas TX 75248
Consent of Registered Agent
rA. A copy of the consent of registered agent is attached.
OR
l.B. The consent of the registered agent is maintained by the entity.
Article 3 - Governing Authority
A. The limited liability company is to be managed by managers.
OR
P B. 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:
Managing Member 1: (Business Name) Merkaz Management LLC
Address: 4515 Dorset Rd Dallas TX, USA 75229
r
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.
Article 4 - Purpose
Supplemental Provisions / Information
[The attached addendum, if any, is incorporated herein by reference.]
Organizer
The name and address of the organizer are set forth below.
William Bassichis 1501 Wolf Run, Collette Station TX 77840
Effectiveness of Filing
PA. This document becomes effective when the document is filed by the secretary of state.
OR
B. 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:
r
Execution
1The undersigned affirms that the person designated as registered agent has consented to the appointment. The
lundersigned 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
Iaw governing the entity to execute the filing instrument.
William Bassichis
signature of Organizer
FILING OFFICE COPY
EXHIBIT C
9796938819 THE ELLISON FIRM
10:19::14 a.m. 04-24-2018
Form 424
(Revised 05/11)
Submit in duplicate to:
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
512 463-5555
FAX: 512/463-5709
Filing Fee: See instructions
Certificate of Amendment
This space reserved for office use.
FILED
In the Office of the
Secretary of State of Texas
APR 24 2018
Corporations Section
Entity Information
The name of the filing entity is:
Bassichis Development, I.LC
State the name of the entity as currently shown in the records of the secretary of state. if the amendment changes the name
of the entity, state the old name and not the new name.
The filing entity is a: (Select the appropriate cntit)° type below.)
❑ For -profit Corporation ❑ Professional Corporation
❑ Nonprofit Corporation ❑ Professional Limited Liability Company
❑ Cooperative Association ❑ Professional Association
® Limited Liability Company ❑ Limited Partnership
The file number issued to the filing entity by the secretary of state is: 802866211
The date of formation of the entity is: November 21, 2017
Amendments
1. Amended Name
(lf the purpose of the certificate of amendment is to change the name of the entity, use the following statement)
The amendment changes the certificate of formation to change the article or provision that names the
filing entity. The article or provision is amended to read as follows:
The name of the filing entity is: (state the new name of the entity below)
The name of the entity must contain an organizational designation or accepted abbreviation of such term, as applicable,
2. Amended Registered Agent/Registered Office
The amendment changes the certificate of formation to change the article or provision stating the
name of the registered agent and the registered office address of the filing entity. The article or
provision is amended to read as follows:
Form 424
{00522478}6
7/9
9796938819 THE ELLISON FIRM
10:1925 a.m 04-24-2018 8 /9
Registered Agent
(Complete either A or B, but not both. Also complete C.)
❑ A. The registered agent is an organization (cannot be enth), narned above) by the name of
OR
® B. The registered agent is an individual resident of the state whose name is:
William Bassichis
First :Name if . Last Name Steil -
The person executing this instrument affirms that the person designated as the new registered agent
has consented to serve as registered agent.
C. The business address of the registered agent and the registered office address is:
1501 Wolf Run
Street Address (No P.,0. Box)
College Station TX 77840
City State Zip Code
3. Other Added, Altered, or Deleted Provisions
Other changes or additions to the certificate of formation may be made in the space provided below. lithe space provided
is insufficient, incorporate the additional text by providing an attachment to this form. Please read the instructions to this
form for further information on format.
Text Area (The attached addendum, if any, is incorporated herein by reference.)
❑ Add each of the following provisions to the certificate of formation. The identification or
reference of the added provision and the full text are as follows:
Altereach of the following provisions of the certificate of formation. The identification or
reference of the altered provision and the full text of the provision as amended are as follows:
Article 3-Goveming Authority is amended in its entirety as follows: Article 3. The limited liability
company is to be managed by one or more managers. The name and address of the person who is to
serve as manager until the first annual meeting of the members or until his successor(s) is elected and
qualified are as follows:
Manager: William Bassichis
Address: 1501 Wolf Run, College Staion, Texas 77840
71 Delete each of the provisions identified below from the certificate of formation.
Form 424 { 00522478 } 7
9796938819
THE ELUSON FIRM
10:19:37 a.m. 04-24-2018
♦ 1 I
Statement of Approval
The amendments to the ceniticate of formation have been approved in the manner required by the
Texas Business Organizations Code and by the governing documents of the entity.
Effectiveness of Filing (select either A, n. or C.)
A. ® This document becomes effective when the document is filed by the secretary of state.
13. ❑ This document becomes effective at a later date, which is not more than ninety (90) days from
the date of signing. The delayed effective date is: _
C. ❑ This document takes effect upon the occurrence of a future event or fact, other than the
passage of time. The 90th day after the date of signing is:
The following event or fact will cause the document to take effect in the manner described below:
Execution
The undersigned 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 law governing the entity to execute the tiling instrument.
Date: April) 3, 2018
Form 424
sy:
gnature of autho r d pc'
William Bassichis, ManaJer
Printed or typed name of authorized person (see instructions)
{0052247818