HomeMy WebLinkAbout08-22-24-6.6 - Resolution - 08/22/2024RESOLUTION NO. 08-22-24-6.6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, GRANTING CONSENT TO THE ANNEXATION OF APPROXIMATELY
NINETEEN AND FORTY-FOUR HUNDREDTHS (19.44) ACRES OF LAND INTO THE
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 LOCATED WITHIN THE CITY.
WHEREAS, Rock Prairie Management District No. 2 ("District") was created pursuant to a
special act in the 83rd Texas Legislature and codified in Chapter 3909, Texas Special District Local
Laws Code and approved by the City of College Station, Texas ("City") as set forth in Resolution
No. 07-09-15-02 on or about July 9, 2015; and
WHEREAS, BV Southern Pointe Development, Inc., as sole owner of approximately 19.44 acres
of land more particularly described in Exhibit "A" and attached and incorporated as Exhibit "A"
("Land") has filed a petition requesting consent to annexation into the District including an
estimated amount of Two Million Eight Hundred Seventy -Five Hundred Thousand Dollars and
No Cents ($2,875,000.00) of bonded indebtedness to be issued by the District as improvements
contemplated within the Land ("Petition"). A copy of the Petition is attached hereto as Exhibit
"B"; and
WHEREAS, pursuant to §§3909.110 & 3909.111 of the Texas Special District Laws Code and
Subchapter J, Chapter 49 of the Texas Water Code the District must obtain the City's consent for
the annexation of Land and subsequent issuance of bonded indebtedness; and
WHEREAS, the College Station City Council now desires to grant consent as set forth in this
Resolution; now therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the facts and recitations in the preamble of this Resolution are declared true
and correct and adopted as findings of the City Council.
PART 2: That the City Council grants consent to annexation of the Land into the District as
described this Resolution.
PART 3: That the terms and conditions upon which the City consents to annexing the Land
into the District are as follows:
a. District complies with the terms and conditions set forth in College Station
Resolution No. 07-09-15-02 adopted on or about July 9, 2015, as amended; and
b. That the Land is NOT made a part of Tract "A" as referenced in the
Infrastructure and Economic Development Agreement entered into between the
City and the District on or about July 9, 2015; and the District takes any and all
steps reasonably necessary to ensure this.
Resolution No. 08-22-24-6.6 Page 2 of 16
PART 4: That the consent in this Resolution is conditioned upon compliance with the above -
referenced terms and conditions and serves as authorization for the District to annex
the Land as provided in this Resolution and in accordance with applicable law.
PART 5: That the Resolution shall become effective immediately from and after its passage
& approval.
PASSED, ADOPTED and APPROVED this 22nd day of August, 2024.
City Secretary
APPROVED AS TO FORM:
City Attorney
Resolution No. 08-22-24-6.6 Page 3 of 16
EXHIBIT A
(KERR
`SURVEYING
Exhibit A
FIELD NOTES DESCRIPTION
OF A
19.44 ACRE TRACT
THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9
COLLEGE STATiON, BRAZOS COUNTY, TEXAS
A FIELD NOTES DESCRIPTION OF 19.44 ACRES IN THE THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT 9, IN BRAZOS
COUNTY, TEXA5, BEING THE REMAINDER OFA CALLED 19.69 ACRE TRACT OF LAND CONVEYED TO EUGENE BERNARD SAVAGE
III IN VOLUME 10745, PAGE153OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS(OPRBCT); SAID 19.44 ACRES
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUND5 ASFULLUVIIS:
BEGINNING at a 112 inch iron rod with a blue pla5tic cap stamped'HERR SURVEYING" set on the south right•af•way line of
Rock Prairie Road (variable width right-of-way,11427f247 UREIC; portions appear to be prescriptive in nature) and being
the northeast corner of a called 33.342 acre tract conveyed to College Station Downtown Residential, LLC in Volumel6SSO,
Page 8O (PANT), and further being the northwest corner at the herein described tract, from which a 112 inch iron rod
with a plastic cap stamped "MAYO RPLS 5045" found hears N 77° 01' D2" VV a distance of 398.73 feet;
THENCE, with the south line of Rock Prairie Road.57T' Dl' D2' E, for a distance 0397.18 feefto a 1/2 inch iron rod found
being the northwest corner of a called 66.32 acre tract conveyed to the City of College Station in Volume 4480, Page 135
IOPRBCT), and further being the northeast corner of the herein described Iract. from which the City of College 5latian
monument C594.148 bears N 39° 57' 35" E, a distance of 1,625.57 feet;
THENCE, with the northwest boundary of said 66.32 acre tract and generally along a fence for the following six (6) courses
and distances:
1) 5 36° 34'45° W, a distance of 465.53 feet to a cross lie found;
2) 5 37° 11' 4er W. a distance of 711.71 feet to a cross tie found;
3) 5 37° 50' 59' W. a distance of 323.52 Feet to a 5 inch treated fence post found;
4) 5 34° 52' 46" W, a distance of M.94 feet to an angle point in fence;
5) 5 38° 43' D8' W, a distance of 314.73 feet to a cross tie found;
6) S 38° 34' 25" W, a distance of 539.01 feet to a 112 inch iron rod found for Ilia west corner of said 65.32 acre
tract and further heing the north corner of a called 100_64 acre tract conveyed In the City of College Station
in Volume 8927, Page 226 (DPRBCT) and also being the east corner of a called 111679 acre tract conveyed to
College 5talion Downtown Residential, LLC in Volume 14405, Page 165 {OPRBCTj and being the south corner
of the herein described tract;
11
21.1D79-docx
Resolution No. 08-22-24-6.6 Page 4 of 16
THENCE, with the northeast line of said 111.679 acre tract, N 48° 35' CIT W, for a distance of 437.42 feet to a 1/2 inch iron
rod found being the south corner of a called 33.342 acre tract conveyed In College Station Downtown Residential, LIS in
Volume 16558, Page AD (DPRBCTJ and further being the well corner of the herein described tract,
THENCE, with the soulheasl boundaries of said 33.342 acre tract and generally along a fence for the following two (2)
[Dur5e5 and distances:
1) N 43° 29' 39" E. a distance of 1,922.15 feet to a 4 inch treated fence post found;
2j N 23° CT' 45' E. a distance of 524,117 feet to the POINT OF BEGINNING hereof and containing 19.44 acres,
more or less.
Surveyed on the ground February 2022 under my supervision. See plat revised March 2022 For other information, The
bearing basis for this survey is based on the Texas State Plane Coordinate System of 1983 (NAOB3), Central Zone, Grid
North as established from GPS observation using the Leica 5martnet NADD3 (NA2U11) Epoch 2U10 Multi -year CURS Solution
2 (MYC52j. Distances described herein are surface distances_ To obtain grid distances (nol grid areas) divide by a combined
scale factor of 1.00010170500000 (calculated using GH10126), Reference drawing: 21-1079.
3/24r22
Nathan Pau err
Regislere. Professional Land Surveyor No. 6834
Revised 03-24-22
KERR
SURVEYING
Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803
Office: [973)268-3195 I Web: www_ rrlandsurveuing,con}
Surveys[ tkerrsurveying.net i TBPELS Firm No.100i85UD
21-1079.dacx
1,
Resolution No. 08-22-24-6.6
Page 5 of 16
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EXHIBIT B
SCHWARTZ
PAGE
HARDING
July 18, 2024
VIA EMAIL AND FEDERAL EXPRESS
Mr. Adam Falco (atalca@cslx gov)
City Attorney
City of College Station, Texas
P.O. Box 9960
College Station, TX 77840
Re: Rock Prairie Management District No. 2; Request for Consent to the Annexation of
19.44 acres of Land to the District
Dear Mr. Falco:
Enclosed for the City's consideration is one (1) fully executed original Petition for
Consent to Include Additional Land in Rock Prairie Management District No. 2, relative to the
proposed annexation of 19.44 acres of land to the District.
Should you have any questions, please do not hesitate to contact us at (713) 623-4531.
Very truly yours,
SCHWARTZ, PAGE & l LARDING, L.L.P.
04:411414___
C ristina Cole
727880 1300 POST OAK BOOLEY'ARD, Surre 2400• HOUSrON, TX 77056
U: 713.64L.d 531 • F: 713.633.6143
Resolution No. 08-22-24-6.6 Page 7 of 16
PETITION FOR CONSENT TO INCLUDE ADDITIONAL LAND IN
ROCK PRAIRIE MANAGEMENT DISTRICT NO.2
THE STATE OF TEXAS §
COUNTY OF BRAZOS §
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF COLLEGE STATION:
BV SOUTHERN POINTE DEVELOPMENT, INC., a Texas corporation, being the holder
of title to all of, and therefore, a majority in value of the land hereinafter described, as such values
are indicated by the tax rolls of the central appraisal district of Brazos County, Texas
("Landowner"), and Rock Prairie Management District No. 2 Mist -id") (Landowner and District
hereinafter called "Petitioner"), acting pursuant to the provisions of Section 3909.110, Texas
Special District Local Laws Code, as amended, respectfully petition for consent to include
additional Iand in the District. In support of this petition, Petitioner shows as follows:
1.
The District, to which the land hereinafter described is sought to be annexed, has been
created by an Act of the 83`a Texas Legislature, House Bill 3874, Regular Session, codified as
Chapter 3909, Texas Special District Local Laws Code (the °Act"), under the terms and provisions
of Article XVI, Section 59 of the Constitution of Texas, and exists under the terms and provisions
of Article XVI, Section 59 of the Constitution of Texas, Article III, Section 52 and 52-a of the
Constitution of Texas, the Act, Chapter 375 of the Texas Local C'rnvernment Code, and the
applicable provisions of Chapter 49 and Chapter 54 of the Texas Water Code, as amended.
Landowner is the sole owner and holder of fee simple title to the land sought to be annexed to the
District, as indicated by the tax rolls of the central appraisal district of Brazos County, Texas.
Landowner represents and warrants that the lienholder consenting to this petition below is the only
holder of liens against the land sought to be annexed.
The land sought to be added to the District contains approximately 19.44 acres of land,
more or less, and lies wholly within Brazos County, Texas. Under the provisions of Vernon's
Texas Civil Statutes, Local Government Code, Section 42.001 et seq., as amended, said area is
within the corporate limits of the City of College Station and is not within such jurisdiction of any
other city. All of the territory to be annexed may p ope ly be annexed to the District.
The land sought to he added to the area of the District is described by metes and bounds in
Exhibit "A" attached hereto and incorporated herein for all purposes,
Resolution No. 08-22-24-6.6 Page 8 of 16
IV.
The general nature of the work proposed to be done in the area sought to be annexed shall
be the purchase, construction, acquisition, repair, extension and improvement of land, easements,
works, improvements, facilities, plants, equipment and appliances necessary to:
(1)
provide a water supply for municipal, domestic and commercial purposes;
(2) collect, transport, process, dispose of and control all domestic, industrial or
communal wastes whether in fluid, solid or composite state;
(3) gather, conduct, divert and control local storm water or other harmful excesses of
water in the area;
(4) promote, develop, encourage and maintain employment, commerce, economic
development, safety, and the public welfare in the area within the District;
(5) finance, develop and maintain recreational facilities for the people of the District if
and as allowed by applicable law;
(6) design, acquire, construct, finance and issue bonds for roads pursuant to applicable
law, as amended ("Road Powers"), as, if, and when required; and
(7) to provide such other facilities, systems, plants and enterprises as shall be consistent
with the purposes for which the District is created and permitted under state law.
V.
The area of the District is urban in nature, is within the growing environs of the City of
City of College Station and is in close proximity to populous and developed sections of Brazos
County. The District's area will, within the immediate future, experience a substantial and
sustained residential and commercial growth. Therefore, there is a necessity for the improvements
described above for the following reasons:
(1) The land sought to be added to the District is not supplied with adequate water and
sanitary sewer facilities and services, or with adequate drainage facilities nor is it presently
economically feasible for such facilities to be added to said land. The health and welfare of the
present and future inhabitants of the District, the land sought to be added to the District, and of
territories adjacent thereto require the installation and acquisition of adequate water, sanitary
sewer, and drainage facilities for and within the land sought to be added to the District.
(2) The present and future inhabitants of the District, the land sought to be added to the
District, and of territories adjacent thereto require recreational facilities, as same are necessary and
desirable for the health and well-being of such inhabitants. The land sought to be added to the
District does not currently include adequate recreational facilities.
-2-
796875
Resolution No. 08-22-24-6.6 Page 9 of 16
(3) The present and future inhabitants of the District, the land sought to be added to the
District and of territories adjacent thereto require adequate road facilities, as same are necessary
and desirable for the health and welfare of such inhabitants, and for the orderly growth of
residential and commercial development within the area and territories adjacent thereto. Road
Powers are of necessity to the land within the District and the I and sought to be added to the District
as such powers will allow the District to construct, acquire, improve, and provide financing for
road facilities that may not otherwise be constructed in a manner that will proactively address
safety, capacity, durability, economic feasibility, and regional mobility issues.
(4) The present and future inhabitants of the District, the land sought to be added to the
District and of territories adjacent thereto require such additional facilities as may be authorized
by the Act and as may be necessary to promote, develop, encourage and maintain employment,
commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic
development, safety and the public welfare in the area within the District,
A public necessity exists for the addition of said lands to the District to promote, develop,
encourage, and maintain employment, commerce, economic development, and the public welfare
in the area within the District and to promote and protect the purity and sanitary condition of the
State's waters and the public health and welfare of the community, by and through the purchase,
construction, extension, improvement, maintenance and operation of a water supply and sanitary
sewer system, drainage facilities, recreational facilities (if allowed by applicable law) and road
facilities, and such other facilities, systems, plants and enterprises as shall be consonant with the
purposes for which the District was created and permitted under state law.
VI.
The Petitioner agrees and hereby covenants that if the requested consent to the annexation
of the land to the District is given, the Petitioner will adopt and abide by the conditions set forth
in the City of College Station Resolution No. 07-09-15-02 adopted on or about July 9, 2015, as
amended.
VII.
It is now estimated by the Petitioner from such information as is available at this time, that
the amount of bands necessary to be issued to finance development costs contemplated within the
area proposed to be annexed will be approximately $2,875,000,
WHEREFORE, Petitioner respectfully prays that this petition be granted in all respects and
that the City of College Station give its consent to the annexation of the aforesaid land into said
District.
[Signatures commence on following page.]
-3-
7o66s75
Resolution No. 08-22-24-6.6 Page 10 of 16
Dated this the day of June, 2024.
Landowner
BV SOUTHERN POINTE DEVELOPMENT,
INC., a Texas corporation
By: 4i11;.lC .-
Wallace S. Philips, III, Presi{de t
THE STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on this 30 day of June, 2024, by Wallace
S. Phillips, III, President of BV Southern Pointe Development Inc., a Texas corporation, on behalf
of such corporation_
PAULA BLAKE
=M w My Notary IP # 2865128
'rf?� Eviras May 26, 2028
(SEAL)
706875
Notary Public in and for the
State of Texas
-4-
Resolution No. 08-22-24-6.6 Page 11 of 16
By:
BicT Nil
.4.474
77.
qt
•
1
�rffr��� STA , F TEXAS
NwarroVi ernulder
, Board of Directors
COUNTY OF BRAZOS
District
ROCK PRAIRIE MANAGEMENT DISTRICT
NO. 2
By:
Name: Uri Geva
Title: President, Board of Directors
This instrument was acknowledged before me on this day of
2024 by Uri Geva, President of the Board of Directors of ROCK PRAIRIE MANAGEMENT
DISTRICT NO. 2, on behalf of said district.
JULIA M 1IME
NOTARY 10 N90294-0
My Canmi5sion Expires
december 1:12, 2026
10.6875
-5-
blic in and for the
Resolution No. 08-22-24-6.6 Page 12 of 16
The undersigned, being the holder of liens against the property described in the foregoing
Petition for Consent to Include Additional Land in Rock Prairie Management District No. 2 hereby
acknowledges and consents to said Petition.
Attest:
IIIBy Y
Vicki Hillert, Vice President
PHILLIPS 3 LAND HOLDINGS LLC,
a Texas limited liability company
By: GREENS PRAIRIE INVESTORS. LTD.,
a Texas limited partnership. its Managing
Member
By: GREENS PRAIRIE ASSOCIATES
LLC. a Texas limited liability
company, its General Partner
Wallace S. Phillips. I. ? anager
By: CASCADE POINTE, LP, a Texas limited
partnership, its Managing Member
By: CASCADE POINTE GP, LLC,
a Texas limited Liability
company, its General Partner
By:
Dawn Phillips, Member Wallace 5. Phillips, ] . ember
_
Attest:
:e0c.1).
Wallace S. Phillips, II ember
7%G875
-6-
By
Dakvn Phillips, Member
Resolution No. 08-22-24-6.6 Page 13 of 16
THE STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged before me on this 481 day of
2024, by Wallace S. Phillips, III. Manager of Greens Prairie Associates LLC; a Te s limited
liability company and General Partnerol'Greens Prairie Investors, Ltd, aTexas limited rtnership
and Managing Member of Phillips 3 Land Holdings LLC, on behalf of -said entities.
,.- PAULA BtAI{E4
No art ID 25551.26
Expires May 26. 2U2a
THE STATE OF TEXAS
COUNTY OF BRAZOS
§
Notary Public in and for
the State of TEXAS
This instrument was acknowledged before me on this $' day of
2024, by Wallace S. Phillips, ill and Dawn Phillips, Members of Cascade Pointe GP. L
limited liability company and General Partner of Cascade Pointe. LP. a Texas limited
and Managing Member of Phillips 3 Land Holdings LLC, on ballot -said entities.
Notary PtLbiie in and For
the State of TEXAS
(SEAL)
-7-
796675
a Texas
nership
Resolution No. 08-22-24-6.6
Page 14 of 16
Exhibit A
FIELD NOTES DESCRtPTIGH
DF A
19.44 ACRE TRACT
THOMAS CARUTHERS LEAGUE SURVEY, ABSTRACT
COLLEGE STATION, BRAZDS COUNTY, TEXAS
A FIELD NOTES DESCRIPTION OF 19.44 ACRE5 IN THE THDMAS CA11UTHER5 LEAGUE SURVEY, ABSTRACT 9, IN BRAZOS
COUNTY, TEXAS, 9EINb1HE REMAINDER UFA CALLED19.69ACRE TRACT OF LAND CONVEYED TO EUGENE BERNARD 5AVAGE
III IN VOLUME10745, PAGE 153 CF THE OFFICIAL PUBLIC RECORD5 DF BRANS COUNTY, TEXAS (OPRBCT); SAID 19.44 ACRES
BEING MDRE PARTICULARLY DESCRIBED BY METES AND BOUNDS A5 FULLOUYS;
BEGINNING at a 1/2 inch iron rod with a hlue plastic rap stamped "KERR SURVEYING" set on the south right-of-way line of
Rack Prairie Road (variable width right•of•way,11427f247OPRBCT; portions appear to be prescriptive in nature) and being
the northeast corner of a called 33342 acre tract conveyed to Cnikege Station Downtown Residential, LLC in Volume 16558,
Page 110 (DPRBCT), and further being the northwest corner of the herein described tract, front which a 112 inch iron rod
with a plastic cap stamped "MAYO RPIS 5045" found Leafs N 77° O1' O2•' W a distance of 39B.73 feet;
THENCE,, with the south line of Rock Prairie Road, 57l° 01' D2' E. for a distance of 397.18 feet to a 1/2 inch iron rod found
being the northwest corner of a called S6.32 acre tract conveyed to the City of College Station in Volume 44130, Page 135
fOPROCTI, and further being the northeast corner of the herein described tract, from which the City of College Station
monument C594-149 bears N 39° 57' 35" E, a distance of 1,625.97 feet;
THENCE. with the northwest boundary of said 66.32 acre tract and generally along a fence for the following six (61 courses
and distances:
1) 5 36° 34'45' W, a distance of 465.53 feet to a cross tie found;
21 517° 11' 44^ W, a distance of 711.713 feet la a cross tie found;
3) 5 37' 50' S9' W. a distance or 323.52 feel to a 5 inch treated fence post Found;
4) 5 34° 52' 46' W, a distance of 259-94 feet to an angle pint in Fence;
5) 5 38° 43' 06" W a distance of 314.73 feel to a cross tie found;
6) 5 38° 34' 25° W, a distance of 539.01 Feet in a 1/2 inch iron rod Found far the west corner of said 66.32 acre
tract and further being the north corner of a called 100.64 acre tract conveyed to the City of Co€IegeStation
in Volume 6927, Page 226 iOPROCT) and also being the east corner of a called 111.679 acre tract Conveyed to
College Station Cowntown Residential, LLC in Volume 14405, Page 186 (OPRBCT! and being the south turner
of the herein described tract;
21-1079.docx
ti`
Wage
•
Resolution No. 08-22-24-6.6 Page 15 of 16
l
THENCE, with the northeast pine of said 111.678 acre tract, N 4E° 35' CT IN, fora distance of 437.42 feet to a 1/2 inch iron
rod found being the south corner of a called 33,342 acre tract conveyed Io College Station Downtown Residential, LLC in
Volume MSS. Page BD (OPRBCT} and further being the west corner of the herein described Iract;;
THENCE, with the southeast boundaries of said 31342 acre Irart and generaIty along a fence for the fdlowing two l2)
courses and distant .
1) N 43' 29' 39" E, a distance of 1,922.15 feet to a 4 inch treated fence post found;
2} N 23° 07' 46' E, a distance of 524.07 feet to the POINT OF BEGINNING hereof and containing 19.44 acres,
more or less.
Surveyed on the ground February 2E122 under my supervision. See plat revised March 2022 for other information. The
bearing basis for this survey is based an the Texas Slate Plane Coordinate System of 19133 (NA083), Central Zone, Grid
North as established from GPS observation using the Leica Smartnet NA093 (NA2011) Epoch 2010 Multi -year CURS Solution
2 (MYCS2], Distances described herein are surface distances. To obtain grid distances (not grid areas) divide bg a combined
scale factor of 1.000101705000017 (cafrulaled using GE01012B). Reference drawing: 21-1079.
3/24022
/ Nathan Pau err
RegistereProfessional Land Surveyor No. 6834
Revised 03-24-22
21-1079.dacx
KERR
SURVEYING
Kerr Surveying, WE 1409 It Texas Ave. Bryan, T1{ 71803
Office: (979) 268.3195 I Web: veww,kefrIandsurveying.com
SunreysCakerr5uryeaino-,l I TBPELS firm No-1001E1500
2IPage
Resolution No. 08-22-24-6.6
Page 16 of 16
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