HomeMy WebLinkAbout06-13-24-7.8 - Resolution - 06/13/2024RESOLUTION NO. 06-13-24-7.8
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING DANA
KARIN ROSBERG COPUS' 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 May 20, 2024, Dana Karin Rosberg Copus ("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 at 11630 SH 30, College Station,
Texas 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.
Resolution No. 06-13-24-7.8
Page 2 of 3
PART 4: That this resolution shall become effective immediately after passage and approval.
ADOPTED this 13th day of June 2024.
ATTEST: APPROVED:
City Secretary
APPROVED:
City Attorney
Mayor
Resolution No. 06-13-24-7.8 Page 3 of 3
EXHIBIT A
Approximately 15.78 acres of land being Tract 34, in the Maria Kegans Survey, A-28 in Brazos
County, Texas.
May 2, 2024
Adam C. Falco
College Station City Attorney
Post Office Box 9960
College Station, Texas 77842
RECEIVED
MAY 2 0 2024
Via: U.S. Postal Service Certified Mail 9589 0710 5270 0900 5443 73 — Return Receipt
Re: Petition for Release from the Extraterritorial Jurisdiction of the City of College Station
Dear Mr. Falco,
1. Dana Karin Rosberg Copus ("Owner") files this Petition pursuant to TEx. Loc. Gov'T CODE
§ 42.102.
2. Dana Karin Rosberg Copus owns property within the extraterritorial jurisdiction of the City of
College Station located at 11630 SH 30, College Station, Texas 77845, Brazos Central
Appraisal District Property ID Number 12241(the "Property"). See Exhibit A (Deed and
Property Map).
3. Owner hereby Petitions the City of City of College Station to release of Owner's Property from
its extraterritorial jurisdiction.
4. Pursuant to TEx. LOC. Gov'T CODE § 42.102, an owner or owners of majority in value of an
area in a municipality's extraterritorial jurisdiction may file a petition with the municipality to
be released from the extraterritorial jurisdiction, if the owner's property in question meets the
applicability requirements of TEx. Loc. Gov'T CODE § 42.101 and the petition requirements
of TEx. Loc. Gov'T CODE § 42.104.
5. Owner's Property meets the applicability requirements of TEx. LOC. Gov'T CODE § 42.101.
6. As set forth in Exhibit B, Affidavit of Owner, and as set forth in TEX. Loc. Gov'T CODE §
42.101, the undersigned swears that the Property is not:
(1) within five miles of the boundary of a military base, as defined by TEX. Loc. Gov'T CODE
§ 43.0117, at which an active training program is conducted;
(2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located
in a county:
(A) in which the population grew by more than 50 percent from the previous federal
decennial census in the federal decennial census conducted in 2020, and
(B) that has a population greater than 240,000;
(3) within the portion of the extraterritorial jurisdiction of a municipality with a population of
more than 1.4 million that is:
(A)within 15 miles of the boundary of a military base, as defined by TEx. Loc. Gov'T
CODE § 43.0117, at which an active training program is conducted, and
(B) in a county with a population of more than 2 million;
(4) in an area designated as an industrial district under TEX. Loc. Gov'T CODE § 42.044; or
(5) in an area subject to a strategic partnership agreement entered into under TEX. Loc. Gov'T
CODE § 43.0751.
7. This Petition meets the requirements of TEx. Loc. Gov'T CODE § 42.104.
8. As required by TEX. Loc. Gov'T CODE § 42.104(a)(2), Owner's value in the Property
constitutes more than 50% of the value of the Property, as indicated by the tax rolls of the
Brazos Central Appraisal District.
9. As required by TEX. Loc. Gov'T CODE § 42.104(a)(2), the signature page accompany this
Petition includes the signatures of 100% of the Property's owners in value, which is more than
50%.
10. As required by TEX. Loc. Gov'T CODE § 42.103, the signature is valid pursuant to TEX. ELEC.
CODE § 277.002.
11. This Petition contains, in addition to the signature:
(A) the signer's printed name;
(B) the signer's:
(i) date of birth; or
(C) the signer's residence address; and
(D) the date of signing.
12. As required by TEx. LOC. GOV'T CODE § 42.104(b), Owner filing this Petition satisfied the
signature requirement within 180 days after the date the first signature for the Petition was
obtained.
13. As required by TEx. Loc. Gov'T CODE § 42.104(c), the signature collected under this section
is in writing.
14. As required by TEx. Loc. Gov'T CODE § 42.104(d), this Petition includes the deed for the land
to be released in Exhibit A, which describes the boundaries of the land to be released by: (1)
metes and bounds; or (2) lot and block number, if there is a recorded map or plat. Exhibit A
also includes a map of the land to be released.
15. As required by TEX. Loc. Gov'T CODE § 42.105(a), the City must verify this Petition upon
receipt; shall notify the residents and landowners of the area described by the petition of the
results of the petition, or shall notify Owner, who filed this Petition under Section 42.102.
16. Pursuant to TEX. Loc. Gov'T CODE § 42.105(c), because Owner has obtained the number of
signatures on the Petition required under Section 42.104 to release the area from the
extraterritorial jurisdiction of the City of College Station, the City must immediately release
the area —Owner's Property —from the City's extraterritorial jurisdiction.
17. Pursuant to TEx. Loc. Gov'T CODE § 42.105(d), if the City fails to take action to release
Owner's Property from the City's ETJ by the later of the 45th day after the date the
municipality receives the petition or the next meeting of the City's governing body that occurs
after the 30th day after the date the City receives this petition, the area —Owner's Property —
is released by operation of law.
EXLHBIT A
DEED AND PROPERTY MAP
(INSERT DEED AND CAD MAP HERE.)
Owner Name: (Name of Owner)
,I
ACKCO p US
Printed Name
Ow nor
Title
9/1215 -6'
Date of birth
/0153 6o220 wea( r,�
Residence address 7
io
Date df signin
of
EXHIBIT B
AFFIDAVIT OF (NAME OF LANDOWNER) IN SUPPORT OF
PETITION FOR RELEASE FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF (CITY
NAME)
Before me, the undersigned authority, on this day personally appeared, Dana Karin
Rosberg Copus, who under oath stated as follows:
1. My name is Dana Karin Rosberg Copus. I am over eighteen (18) years of age and am legally
competent to make this affidavit, which is true and correct, and is made voluntarily and not
under duress.
2. As the Property Owner of I am authorized to submit this Petition on its behalf.
3. Dana Karin Rosberg Copus is the property owner in the extraterritorial jurisdiction of the City
of College Station. Its property is located at the following address: 11630 SH 30, College
Station, Texas 77845, Brazos Central Appraisal District Parcel ID Number 12241 (the
"Property").
4. There is one owner of the Property: Dana Karin Rosberg Copus owns 100% of the interest in
the Property.
5. I swear that the Property is not: (1) within five miles of the boundary of a military base, as
defined by Tex. Loc. Gov't Code § 43.0117, at which an active training program is conducted;
(2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located
in a county: (a) in which the population grew by more than 50 percent from the previous federal
decennial census in the federal decennial census conducted in 2020, and (b) that has a
population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction of a
municipality with a population of more than 1 4 million that is: (a) within 15 miles of the
boundary of a military base, as defined by Tex. Loc. Gov't Code § 43.0117, at which an active
training program is conducted, and (b) in a county with a population of more than 2 million;
(4) in an area designated as an industrial district under Tex. Loc. Gov't Code § 42.044; or (5)
in an area subject to a strategic partnership agreement entered into under Tex. Loc. Gov't Code
§ 43.0751.
6. I swear that the petition contains my valid and true (1) signature, (2) printed name, (3) date of
birth, (4) residence address, and (5) date of which I signed such petition.
7. I swear that I satisfied the signature requirement of Tex. Loc. Gov't Code § 42.104(b) within
180 days following the date the first signature for the petition was obtained.
Dana Karin Rosberg Copus
Sworn and subscribed to before me on this the 10 day of May, 2024.
SHELBIE LYNN WALKER
• Notary State of Texas
ID# 133888970
Expires 08102/2026
�Notary �� 1 in and for the State of Texas
Ps
0023467 ORc Bic 6726
7l 226
GENERAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS §
That DAVID W. ROSBERG, JR. and DANA KARIN ROSBERG COPUS, Co -
Independent Executors of the Estate of David W. Rosberg, Deceased, as appointed by the
County Court at Law Number One of Brazos County, Texas in Cause number 12,033-PC
and as trustees of the David W. Rosberg Living Trust, created under the Will of David W.
Rosberg, Deceased, hereinafter referred to as Grantors, for and in consideration of the
sum of TEN AND NO/100 ($10.00) DOLLARS, and as distribution and a partition of the
Estate and Trust property, have GRANTED, SOLD AND CONVEYED, and by these
presents do GRANT, SELL AND CONVEY unto DANA KARIN ROSBERG COPUS,
individually, as her sole and separate property, hereinafter referred to as Grantee, whose
mailing address is 2301 Foxhall Drive, Anchorage, Alaska 99504, that certain 15.78 acre
tract in the Maria Kegans Survey, A-28, in Brazos County, Texas being more fully
described in Exhibit A attached hereto.
To have and to hold the above described property, together with all and singular the
rights and appurtenances thereto in anywise belonging unto Grantee, and Grantee's heirs,
executors, administrators, successors and assigns forever, subject to the reservations and
exceptions described in Exhibit B attached hereto.
For Grantors and Grantors' heirs, successors, and assigns forever, a reservation of
all oil, gas, and other minerals in and under and that may be produced from the Property.
!lithe mineral estate is subject to existing production or an existing lease, this reservation
includes production, the lease, and all benefits from it. Grantors grant, sell, and convey
Doc Bk Vol F'ff
00923467 OR 7267 227
to DAVID W. ROSBERG, JR., Individually a one-half (1/2) undivided interest in
the mineral estate of the Property and to DANA KARIN ROSBERG COPUS an undivided
one-half (1/2) interest in and to the reserved mineral estate of the Property. The
conveyance of mineral estate is subject to a waiver of surface
contemporaneously herewith.
And Grantors do hereby bind themselves, their successors
rights executed
and assigns to
WARRANT AND FOREVER DEFEND all and singular the said real property unto the said
Grantee, her heirs, executors, administrators, successors and assigns, against every
person whomsoever lawfully claiming, or to claim the same, or any part thereof when the
claim is by, through, or under Grantors but not otherwise.
EXECUTED this day of March, 2006.
DAVID W. ROSBERG, JR.
DANA KARIN ROSBERG COPU
Doc Bk Vol Ps
00923467 OR 7267 228
THE STATE OF TEXAS
COUNTY OF Ma.Desh_
BEFORE ME, the undersigned authority, on this day personally appeared DAVID
W. ROSBERG, JR., known to me to be the person whose name is subscribed to the
foregoing instrument, and he acknowledged to me that he executed the same for the
purposes and consideration therein expressed, in the capacity herein stated.
4thlt:(12k
Notary Public, State of Texas
THE STATE OF TEXAS §
3rtgidia410i3hia §
BEFORE ME, the undersigned authority, on this day personally appeared DANA
KARIN ROSBERG COPUS, known to me to be the person whose name is subscribed to
the foregoing instrument, and he acknowledged to me that he executed the same for the
purposes and consideration therein expressed, in the capacity herein stated.
Notary Public, State of Texas
A IaSKa
Doc BR Vol P9
00923467 R 7267 229
David W. Rosberg
15.78 Acre - Tract 2
Maria Kegans Survey, A-28
Brazos County, Texas
Field notes of a 15.78 acre tract or parcel of land, Tying and being situated in the
Maria Kegans Survey, Abstract No. 28, Brazos County, Texas, and being part of the
called 33.3 acre tract described in the deed from Veteran's Land Board of the State
of Texas to David W. Rosberg recorded in Volume 559, Page 374, of the Deed
Records of Brazos County, Texas, and said 15.78 acre tract being more particularly
described as follows:
BEGINNING at the 'A" iron rod set at the base of a 6" creosote post fence
comer at the common comer between the beforementioned 33.3 acre tract and the
remainder of the 56.9 acre - Fourth Tract described in the Partition Deed between Mrs.
Evia Hester McGee and Mrs. Ina Clay McGee, recorded In Volume 120, Page 300, of
the Deed Records of Brazos County, Texas, and in the northeast line of Block 2
Rainbow Acres -14 Installment, according to the plat recorded in Volume 364, Page
313, of the Deed Records of Brazos County, Texas;
THENCE along the common line between the beforementioned 33.3 acre tract
and Block 2 - Rainbow Acres - Installment, adjacent to a fence, as follows:
N44°26'58"W
N43°43'04"W
for a distance of 189.29 feet to a'/" iron rod set
(formerly a 14" post oak tree),
for a distance of 461.44 feet to a Ya" Iron rod set;
THENCE N 47° 07' 47" E for a distance of 551.75 feet to a ?A" iron rod set in
the fence around the home place, a 6" creosote post fence comer bears S 62°34' 52"
E - 7.4 feet;
THENCE along the fence marking the old home place, as follows:
N62°34'52"W
N31°32'56"E
fora distance of 187.96 feet to a 6" creosote post
fence comer,
fora distance of 341.50 feet to a'A" iron rod set in
the southwest right-of-way line of State Highway
No. 30;
THENCE along the southwest right-of-way of State Highway No. 30, as follows:
S 60° 02' 44" E fora distance of 57.17 feet to a cotton spindle set
(in asphalt drive) at the beginning of a curve,
concave to the southwest, having a radius of
2769.79 feet,
Southeasterly along said curve foran arc distance of 877.99feet to a "A"
iron rod set, the chord bears S 51° 23' 28" E
874.32 feet, a 8" creosote post fence comer bears
S 4i° 30' W - 7.5 feet;
THENCE S 47°OT 47" W along the common line between the beforementioned
33.3 acre tract and the 8.5 acre tract adjacent to a fence, fora distance of 951.69 feet
to the PLACE OF BEGINNING, containing 15.78 acres of land, more or less..
F y- Surveyed Nov m 2005
,`,- is re
:4 * 00.
31iKLING;i
�. S. M. Kling
iy ;,Nsso ��r R.P.L.S. No. 2003
Prepared 11/29/05
kosO5-02dvd1 oibwp-15.71 ac-tri Wpd
KLING ENGINEERING AND SURVEYING
BRYAN. TEXAS
Doc Bk Vol Pg
00923467 DR 7267 230
RESERVATION AND EXCEPTIONS
Easement from K. Kelley et us to City of Bryan, dated April 29, 1937, recorded in
Volume 98, page 199, Deed Records of Brazos County, Texas.
Easement from K. Kelley et us to Brazos River Transmission Electric
Cooperative, Inc., dated October 10, 1947, recorded in Volume 310, page 55,
Deed Records of Brazos County, Texas.
Easement from David W. Rosberg et ux to Wixon Water Supply Corporation,
dated February 2, 1972, recorded in Volume 310, page 55, Deed Records of
Brazos County, Texas.
Right -of -Way Easement from David Rosberg to City of Bryan, dated August 3,
1988, recorded in Volume 1075, page 766, Official Records of Brazos County,
Texas.
Estate created by Oil and Gas Lease from David W. Rosberg et ux to Jones,
Jones & Associates, dated January 28, 1991, recorded in Volume 1274, page
238, Official Records of Brazos County, Texas. Title to this lease has not been
traced subsequent to the date of the above -cited instrument.
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12241
85297
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Parcel Owner: COPUS DANA KARIN
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Property Information
Property ID: 12241
Legal Acreage: 15.78
GEO ID: 002800-0034-0000
Legal Description: A002800, MARIA KEGAN
(OCL), TRACT 34, 15.78 ACRES
Tract or Lot: 34
Abstract Subdivision Code: A002800
Block:
Neighborhood Code: 0213378E
School District: S1
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