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Home My WebLink About03-28-24-9.5b - Resolution - 03/28/2024RESOLUTION NO. 03-28-24-9.5b A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING FINAL CHANCE, LLC'S, WCJ, LLC'S, AND SHERI AND SCOTT BOLES' 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 December 18, 2023, Final Chance, LLC, WCJ, LLC, and Sheri and Scott Boles ("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 Old Arrington and Arrington 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. 03-28-24-9.5b 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. 03-28-24-9.5b Page 3 of 3 EXHIBIT A Approximately 10.725 acres of land being in the S.W. Robertson League, Abstract 202 generally located Old Arrington and Arrington Road. Glenn Jones PE #97600 Firm #9951 4iff,14 Engineering Consulting • Engineering • Construction Services PO Box 5192 Bryan, Texas 77805 Phone: 979-739-0567 gjones@ j4engineering.com December 18, 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 clients, Final Chance, LLC do Joe Scott Boles, WCJ, LLC do Jan Hinkle, and Scott & Sherri Boles, who have undersigned below, and are the owners of 10.725 Acre Tract in the S.W. Robertson League Survey, Abstract 202, 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- 67. Sine=ly, Glenn Jones, PE President le — WCJ LLC erty Owner to Signed: DOB: 3 Mailing Address: 5111 1506' Street Lubbock, TX79424 Joe Scott Boles — Final Chance LLC Property Owner Date Signed: DOB: Mailing Address: 1516 County Road L Lamesa, TX 79331 Scott Boles Property Owner Date Signed: P--ateopla DOB: /�i 1 j l9� Mailing Address: 1516 County Road L Lamesa, TX 79331 "Aggie Owned and Operated" -Page 1 of 1- i Boles Property Owner Date Signed: I —T'f20 ) ' DOB: l-7ZrIG63 Mailing Address: 1516 County Road L Lamesa, TX 79331 McCLURE a BROWNE ENGINEER/NG/SURVEY/NG, /NC e 1008 Woodcreek Orive, 09000393-LS Suite 103 • College Station, Texas 77845 e (979) 693-3838 Texas Firm Registration No. 10103300 LINE TABLE LINE BEARING DISTANCE L1 S 40'25'57" W 2.95' L2 N 2'44'26" W 17.56' L3 N 4310'19" W 70.76' 18" Pipe L1 • cD r)X._ goto 0 0l o U4 0) U. mM 04L-.00 L. l00c+. z1 I w 147.68 CG N r) Ras. 4-0 \ / Sewer Esmt.\ (972/550) (972/554) Access Esmt. (2249/168) PP Access Esmt. 1(2249/168) PP 0 Rem. 8.395 Acres Now or Formerly Highway Six Holdings \ \ /��\ LLC \ --- V.7129, P.130 Pond i .0'_ — — i .0' 12' Wide Gravel Driveway PP Sewer Esmt. (972/550) (972/554) N 8712'40" E /PP GA PP • • N N Rem. 11.922 Acres Now or Formerly Highway Six Holdings, LLC V.7129, P.134 1052.17' American Tower Corp. Site No. 374741 10.725 ACRES As of the date of this survey them are no visible improvements on this property, except as shown. 10' Wide Gravel Driveway 0.r ......... — — .. — — — GA" Chain link fence varies from 1.5' to 3.0' south of t PP nr )t pF ---o U G r OlEn - -- aEo S 8712 38 W — 880.15' Called 4.998 Acres Now or Formerly SMSC Properties V.8564, P.98 /or oe--------of=-=-o� P X %'GA X )l Wood Pier 0 Wood Shed Wire Fence varies from 0.0' to 2.2' south of R. GENERAL SURVEYOR NOTES: 1. ORIGIN OF BEARING SYSTEM: The bearing system is consistent with the deed recorded in Volume 7129, Page 134 of the Official Records of Brazos County, Texas. 2. / Lot 18 I I Called 3.75 Acres / Now or Formerly Joe C. Milstead et al ii' V.684, P.482 ./' (2) 30" Pipes i According to the Flood Insurance Rate Maps for Brazos County, Texas and Incorporated Areas, Map Number 48041C0325E, Map Revised May 16, 2012, this property is not located in a Special Flood Hazard Area. 3. This survey is valid only if the pnnt has original seal and signature of Surveyor. 4. See Page 2 of 2 for Metes and Bounds prepared with this survey plat. 5. Subsurface and environmental conditions were not examined or considered as a part of this survey. 6. The locations of underground utilities as shown hereon are based on above —ground structures, utility markers and record drawings provided to the surveyor. Locations of underground utilities/structures may vary from locations shown hereon. Additional buried utilities/structures may be encountered. No excavations were made during the progress of this survey to locate buried utilities/structures. 7. This survey does not constitute a title search by Surveyor. All information regarding record easements and other documents that might affect the quality of title to the tract shown hereon was gained from title commitment GF No. 38718 prepared by Aggieland Title Company, effective May 6, 2019. The following comments correspond to the easement items as numbered in the above referenced commitment: D co rn N Schedule B: • Right of Way Easement granted to The City of Bryan, by instrument recorded under Volume 144, Page 33 of the Deed Records of Brazos County, Texas. (Blanket) • Right of Way Easement granted to The City of Bryan, by instrument recorded under Volume 213, Page 509 of the Deed Records of Brazos County, Texas. (Shown on survey) • Right of Way Easement granted to The City of Bryan, by instrument recorded under Volume 709, Page 497, of the Official Records of Brazos County, Texas. (Blanket) • An Easement granted to Kurt Mendecz, by instrument recorded under Volume 972, Page 544 of the Official Records, Brazos County, Texas. (Shown on survey) • Right of Way Easement granted to John P. Groot, Mary An Richardson and Richard Groot, by instrument recorded under Volume 972, Page 550 of the Official Records of Brazos County, Texas. (Shown on survey) • Right of Way Easement granted to The City of Bryan, by instrument recorded under Volume 978, Page 479 of the Official Records of Brazos County, Texas. (Blanket) • An Easement granted to Bernadine Young, by instrument recorded under Volume 2249, Page 168 of the Official Records, Brazos County, Texas. (Shown on survey) • Right of Way Easement granted to GTE Southwest, Inc., by instrument recorded under Volume 2956, Page 121 of the Official Records of Brazos County, Texas. (Blanket) • Utility Easement granted to The City of College Station, Texas, by instrument recorded under Volume 7857, Page 236 of the Official Records of Brazos County, Texas. (Not located on subject tract) PP GA PP Page 1 Called 9.795 Acres Now or Formerly The Harris College Station Trust V.9538, P.170 O O c'� re o Coo .a'' le, t) 0 ot J Lot 19 Called 4.87 Acres Now or Formerly Dayatilaka & Yasawathie Rathnayaka V.10650, P.294 SouthVO 19 Subdivision 0 - C.O.B P.O.B U.E. CB CG CM GA - LP - PP - TP WV —OE - -//- -0— x , Scale: 1 "=100' i of 2 Lot 20 Called 4.04 Acres Now or Formerly Todd and Jodie Chaney V.10781, P.256 LEGEND 1/2" Iron Rod Found (CM) 5/8" Iron Rod Found (CM) 1-1/4" Iron Rod Found (CM) 1" Iron Bar Found (CM) 1/2" Iron Rod Set - City of Bryan Point of Beginning Utility Easement Concrete Bridge Cattle Guard - Controlling Monument Guy Anchor Light Pole Power Pole Telephone Pedestal - Water Valve Overhead Electrical Line Wood Fence Chain Link Fence Wire Fence Wrought Iron Fence I, Gregory Hopcus, Registered Professional Land Surveyor No. 6047, State of Texas, hereby certify that this survey was made on the ground on June 26 2019, and that this survey correctly represents the facts found at the time of survey and that this professional service conforms to the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1A, Condition III Survey. Owner: Highway Six Holdings, LLC Page 2 of 2 FIELD NOTES 10.725 ACRES Being all that certain tract or parcel of land lying and being situated in the S.W. ROBERTSON LEAGUE Abstract No. 202, in Brazos County, Texas and being parts of the called 11.922 acre tract described in the deed from Donald A. Turner and wife, Mary An Turner f/k/a Mary An Groot f/k/a Mary An Richardson to Highway Six Holdings, LLC recorded in Volume 7129, Page 134 of the Official Records of Brazos County, Texas (O.R.B.C.) and part of the called 8.395 acre tract described in the deed from Bernadine Lorino Young nka Bernadine Lorino Groot and spouse, Roy Groot to Highway Six Holdings, LLC recorded in Volume 7129, Page 130 (O.R.B C.) and being more particularly described by metes and bounds as follows: BEGINNING: at a foundl/2-inch iron rod marking the common southwest corner of this tract and the called 11.922 acre Highway Six Holdings tract, said iron also being the northwest corner of the called 4.998 acre SMSC Properties tract recorded in Volume 8564, Page 98 (O.R.B.C) and being in the east margin of Old Arrington Road, from whence a found 1/2-inch iron rod marking the southwest corner of the called 4.998 acre SMCS Properties tract bears S 02°34'44' E at a distance of 335.30 feet for reference and a found 5/8-inch iron rod bears S 40°25'57" W at a distance of 2.95 feet for reference; THENCE• along the fenced east margin of said Old Arrington Road for the following two (2) calls: 1) N 02°48'24" W for a distance of 413.67 feet to a found 5/8-inch iron rod marking the common west corner of the called 11.922 acre Highway Six Holdings tract (7129/134) and the called 8.395 acre Highway Six Holdings tract (7129/130), and 2) N 02°44'26" W for a distance of 17.56 feet to a 1/2-inch iron rod set for the northwest corner of this tract, from whence a found 5/8-inch iron rod marking the northwest corner of the called 8.395 acre Highway Six Holdings tract (7129/130) bears N 02°44'26" W at a distance of 493.66 feet for reference; THENCE• N 87°12'40" E into and through the 8.395 acre Highway Six Holdings tract (7129/130), pass at 147.68 feet the intersecting point of the called 11.922 acre Highway Six Holdings tract (7129/134), continue through the interior of the called 11.922 acre Highway Six Holdings tract (7129/134) for a total distance of 1,052.17 feet to a 1/2-inch iron rod set for the northeast corner of this tract and being in the southwest line of the called 9.795 acre The Harris College Station Trust tract recorded in Volume 9538, Page 170 (O.R.B.C.), from whence a found 1/2-inch iron rod marking the west corner of the called 9.795 acre The Harris College Station Trust tract and being an angle point in the called 8.395 acre tract bears N 43 ° 10 19" W at a distance of 70.76 feet for reference; THENCE* S 43°10'19" E along the fenced common line of the called 11.922 acre Highway Six Holdings tract and the called 9.795 acre The Harris College Station Trust tract for a distance of 246.42 feet to a found 1-inch iron pipe marking the common east corner of this tract and the called 11.922 acre Highway Six Holdings tract, said iron pipe being the south corner of the called 9.795 acre The Harris College Station Trust tract and in the northwest line of SOUTH OAKS Subdivision according to the plat recorded in Volume 319, Page 821 of the Brazos County Deed Records (B.C.D.R.); THENCE* S 50°54'58" W along the fenced common line of the called 11.922 acre Highway Six Holdings tract and said SOUTH OAKS Subdivision for a distance of 411.38 feet to a found 1-1/4-inch iron bar marking the northeast corner of the called 4.998 acre SMSC tract; THENCE* S 87° 12'3 8" W along the common line of the called 11.922 acre Highway Six Holdings tract and the called 4 998 acre SMSC Properties tract for a distance of 880.15 feet to the POINT OF BEGINNING and containing 10.725 acres of land, more or less. I, Gregory Hopcus, Registered Professional Land Surveyor No. 6047, 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 super9 on June 26, 2019. See survey plat on Page 1 of 2 for additional information. 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 #: 803386700 08/06/2019 Document #: 904970760002 Image Generated Electronically for Web Filing Article 1 - Entity Name and Type fihe filing entity being formed is a limited liability company. The name of the entity is: Final Chance, 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: OR IRS. The initial registered agent is an individual resident of the state whose name is set forth below: Name: Scott Boles C. The business address of the registered agent and the registered office address is: Street Address: 1516 County Road L Lamesa TX 79331 Consent of Registered Agent Ira. A copy of the consent of registered agent is attached. OR Iv;B. The consent of the registered agent is maintained by the entity. Article 3 - Governing Authority FA. 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: Sheri Boles 'Tale: Manager '.. kddressf 1516 County Road L Lamesa TX, USA 79331 'Manager 2: Scott Boles Title: Manager Address: 1516 County Road L Lamesa TX, USA 79331 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. Supplemental Provisions i Information The attached addendum, If any, is incorporated herein by reference.) Organizer The name and address of the organizer are set forth below. Scott Boles 1516 County Road L, Lamesa, Texas 79331 Effectiveness of Filing IPA. 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 iThe undersigned affirms that the person designated as registered agent has consented to the appointment, The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or jfraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument. Scott Boles /7 FILING OFFICE COPY Secretary of State P.O. Box 13697 ustin, TX 78711-3697 FAX: 512/463-5709 ding Fee: $300 Filed in the Office of the Secretary of State of Texas Filing 9: 803478911 11 /2512019 Document #: 929058900002 Certificate of Formation Image Generated Electronically Limited Liability Company 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: — — �INCJ, LLC Article 2 — Registered Agent and Registered Office rA. The initial registered agent is an organization (cannot be company named above) by the name of: r_ OR PB. The initial registered agent is an individual resident of the state whose name is set forth below: :. Name: Jan Hinkle b. The business address of the registered agent and the registered office address is: treat Address: 111 150th Street Lubbock TX 79424 Consent of Registered Agent VA. A cop y py of the consent of registered agent is attached. OR .R^;B. The consent of the registered anent is maintained by the entity. Article 3 Governing Authority :A. The limited liability company is to be managed by managers OR rB. The limited liability company will not have managers. Management of f the company is reserved to the members. The names and addresses of the governing persons are set forth below: 'Manager l: Jan Hinkle rifle Manager da;ea5: 5111 150th Street Lubbock TX USA 79424 —W • Article 4 - Purpose liability purpose for which the company organized is organized is for the transaction of any and all lawful business for which limited _'ii liabilit companies ma be o anized under the Texas Business Organizations Code. Supplemental Provisions / Information tThe attached addendum, if any, Is Incorporated herein by reference.] Organizer ffhe name and address of the organizer are set forth below I.Jan Hinkle 5111 150th Street, Lubbock, Texas 79424 Effectiveness of Filing ✓A. This document becomes effective when the document is filed by the secretary of state. ; OR f" 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: Execution Effie. undersigned aff Ims that the person designated as registered agent has consented to the appointment. 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 filing instrument. flan Hinkle I.Signature of Organizer • FILING OFFICE COPY