HomeMy WebLinkAbout10-24-24-7.4 - Resolution - 10/24/2024RESOLUTION NO. 10-24-24-7.4
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING SADDLE
CREEK II, 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 September 27, 2024, Saddle Creek II, 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 Lot 19, Block 5 of Saddle Creek Subdivision
Phase 4 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. 10-24-24-7.4
Page 2 of 3
ADOPTED this 24th day of October 2024.
ATTEST:
City Secretary
APPROVED:
City Attorney
APPROVED:
Resolution No. 10-24-24-7.4 Page 3 of 3
EXHIBIT A
Approximately 96.52-acre tract, in the James C Stuteville Survey, Abstract 216 in Brazos
County, Texas, generally located at 5445 Stousland Road.
Saddle Creek 11, LLC
3828 S College Ave
Bryan, TX 77801
September 9, 2024
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,
RECEIVED
By Tanya Smith at 1:10 pm, Sep 27, 2024
The ownership of the property known as a 96.52 Acre Tract in the James C. Stuteville Survey, Abstract 216, who
has signed below, in accordance with Texas Local Government Code 42.102, 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.
Sincerely,
Scott Lovett
Date of Birth: October 7, 1990
Title:
Address:
Date:
Managing Member of_
Saddle Creek II, LLC
3828 S College Ave_
Bryan, TX 77801
9/9/2024
Petition to Remove Property from City's ET.}
Page 1
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ire Noc NY] 5
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN
STATE OF TEXAS
COUNTY OF BRAZOS §
KNOW ALL BY THESE PRESENTS:
Date: August 30, 2024 (effective date).
Grantors: Bradley Camillus Wade, Independent Executor
of the Estate of Annie Belle Wade, Deceased
5179 Wade Road
College Station, Texas 77845
Bradley Camillus Wade
5179 Wade Road
College Station, Texas 77845
Steven Ray Wade
5059 Wade Road
College Station, Texas 77845
Laura Audnette Wade Crenshaw
5445 Stousland Road
College Station, Texas 77845
Richard E. Wade aka Richard Eugene Wade
5059 Wade Road
College Station, Texas 77845
Grantee: Saddle Creek II, LLC, a Texas limited liability company
3828 S. College Avenue
Bryan, TX 77801-4517
Consideration:
TEAT DOLLARS and other good and valuable considerations in hand paid by the Grantee herein named, the receipt
of which is hereby acknowledged; and, the further consideration of the execution and delivery by Grantee of that
one certain promissory note in the original principal sum of
bearing interest as therein specified and being due and payable as therein provided to the order of
successors andfor assigns, and providing for the acceleration of maturity in event of default and for
attorney's fees; and secured by the Vendor's Lien and Superior Title retained herein; and being additionally secured
by a Deed of Trust of even date therewith to Scott Blount, Trustee; on the condition that this Vendor's Lien is
cumulative of and without prejudice of or to said Deed of Trust.
GE No, 2304554CS 1
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Subject Propel (hereinafter, collectively, the "Subject Property").
The land described below (collectively, the "Land"), together with (1) all buildings, structures, fixtures and
improvements located on, in or under the Land, (2) all rights, privileges and appurtenances pertaining to the Land,
including, without limitation, Grantors' right, title and interest in any utilities, adjacent streets, roads, drainage
facilities, easements, alleys, strips, and gores and rights of way on, in, over, under, through, adjoining, or
appurtenantto the Land, and (3) Grantors' rights to all licenses, development rights and permits related to the Land:
96.52 ACRES 1N 1'ID, JAMES C STUTEVILLE SURVEY, ABSTRACT 216, IN BRAZOS
COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 183.88 ACRE
TRACT OF LAND DESCRIBED IN AN ESTATE PARTTT1ON DEED TO BRADLEY CAMILLUS
WADE, STEVEN RAY WADE, RICHARD E. WADE AND LAURA AUDNETTE WADE
CRENSHAW RECORDED IN VOLUME 14045, PAGE 286 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS (OPRBCT); SAID 9652 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT A, WHICH IS
ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN FOR ALL
PURPOSES.
Exceptions to Conveyance and Warranty:
All leases, grants, exceptions or reservations ofeoal, lignite, oil, gas and other minerals, together with
all rights, privileges and immunities relating thereto, appearing in the Public Records.
2. Fasement:
From: J. S. Wade
To: Wellborn Water Supply Corporation
Dated: August 17, 1971
.Recorded: Volume 303, Page 385, Deed Records, Brazos County, Texas.
3. Pipeline Easement:
From: Louise Wade and J. E. Wade
To: Aquila Southwest Pipeline Corporation
Dated: October 1, 1992
Recorded: Volume 1842, Page 337, Official Records, Brazos County, Texas.
4. Pipeline Easement:
From: J. C. Wade and Eugene Wade
To: Clajon Gas Company
Dated: December 12, 1980
Recorded: Volume 472, Page 225, Deed Records, Brazos County, Texas.
5. Water Line Easement:
From: Louise Wade, Individually and as Executrix of the Estate of3. C. Wade, Deceased, et aI
To: Wellborn Special Utility District
Dated: September 18, 2001
Recorded: Volume 4322, Page 228, Official Records, Brazos County, Texas.
6. Easement:
From: Minnie Louise Wade
To: City of Bryan dba BTU
Dated: August 30, 2011
Recorded: Volume 10318, Page 253, Official Records, Brazos County, Texas.
GF No. 2304554CS
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7. Easement:
From: Minnie Louise Wade, et al
To: Sprint Communications Co., L.P.
Dated: February 12, 2015
Recorded: Volume 12824, Page 69, Official Records, Brazos County, Texas.
8. Terms, Conditions, and Stipulations in the Easement Agreement for Access by and between:
Parties: Minnie Louise Wade aikla Louise S. Wade, et al and John A. Malley, et al
Dated: June 30, 2006
Recorded: Volume 7427, Page 234, Official Records, Brazos County, Texas,
9. Covenants, Rights, Terms, and Conditions as set forth in the Affidavit to the Puddle concerning
Certification of On -Site Sewage Facilities:
By: Louise S. Wade
Dated: April 8, 2010
Recorded: Volume 9573, Page 30, Official Records, Brazos County, Texas.
10. Grazing Lease as set forth in the Last Will and Testament of Minnie Louise Wade, deceased, under
Cause No. 16,066 PC, Brazos County Probate Records;
11. Assignment of Grazing Lease:
By: Bradley C. Wade and Steven Ray Wade
Dated: November 29, 2016
Recorded: Volume 13899, Page 277, Official Records, Brazos County, Texas;
12. Assignment of Grazing Lease:
By: Bradley C. Wade
Dated: November 29, 2016
Recorded: Volume 13899, Page 279, Official Records, Brazos County, Texas.
13. Right of First Refusal as set out in the Last Will and Testament of Annie Bell Wade, deceased, under
Cause No. 18,409-PC:
Parties: Steven Ray Wade, Bradley Camillus Wade, Richard Eugene Wade, and Laura Audnette Wade
Crenshaw
Recorded: Volume 18158, Page 215, Official Records, Brazos County, Texas.
14. Mineral Deed:
By: Estate of Minnie Louise Wade, deceased
To: Bradley Camillus Wade, et al
Dated: May 25, 2017
Recorded: Volume 14045, Page 293, Official Records, Brazos County, Texas.
15. Executor's Life Estate Mineral/Royalty Deed:
By: Estate of Minnie Louise Wade, deceased
To: Annie Belle Wade
Dated: May 25, 2017
Recorded: Volume 14045, Page 277, Official Records, Brazos County, Texas.
16. Royalty Deed:
By: Louise Wade, Individually and as Executrix of the Estate of J. C. Wade. Deceased, et al
To: Kenneth M. Robison
GE No. 2304554CS
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Dated: July 7, 1983
Recorded: Volume 601, Page 417. Official Records, Brazos County, Texas.
17. Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Louise Wade, et al
Lessee: Peter Paul Petroleum Company
Dated: July 1, 1983
Recorded: Volume 604, Page 437, Official Records, Brazos County, Texas.
18. Oil and Gas Lease, and all terms. conditions and stipulations therein:
Lessor: Louise S. Wade, et al
Lessee: Union Pacific Resources Company Dated: July 31. 1990
Recorded: Volume 1209, Page 244, Official Records, Brazos County, Texas.
19. Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Louise S. Wade, et al
Lessee: Lometa Petroleum Corporation
Dated: February 16, 2001
Recorded: Volume 4057, Page 199, and corrected in Volume 4281, Page 268 and Volume 4313, Page
311, Official Records, l3razos County, Texas.
20. Memorandum of Oil and Gas Lease, and all terms, conditions and stipulations therein:
Lessor: Minnie Louise Wade, et al
Lessee: 'FOG Resources, Inc.
Dated: December 21, 2012
Recorded: Volume 11175, Page 167, Official Records, Brazos County, Texas;
Amended and Extended:
Recorded: Volume 12770, Page 220, Official Records, Brazos County, Texas.
21. The following matters as evidenced on survey prepared on April 12, 2024, under the supervision of
Michael Konetski, R,P.L.S. #6531:
50' electric easement and 15' waterline easement on the Northeast side;
15' waterline easements; 60' pipeline easements and 30' pipeline easements bisecting the subject
property; compressor station sites and aerial electric lines.
22. Any claim or right of adjoining property owner(s) to that strip of land lying between the fence and the
boundary line on the Northwesterly side(s) of the property, as evidenced on survey prepared on April
12, 2024, under the supervision of Michael Konetski, R.P.L.S. #6531.
23. Fence lies outside the property line on the Northeast side(s) of the property, as evidenced on survey
prepared on April 12. 2024, under the supervision of Michael Konetski, R.P.L.S. #6531.
Reservation of Oil, Qqs, and Other Minerals:
There is reserved and excepted from this conveyance, and Grantors hereby reserve and retain for Grantors and
Grantors' heirs, successors, and assigns forever, all of Grantors' right, title, and interest in and to all (1) oil, gas and
other minerals or royalties in, on or under all properties located in the Subject Property; (ii) royalties and royalty
interests from the Subject Property; (iii) all oil, gas and other minerals produced therefrom wherever located,
whether as being stored in tanks, lines, plants or otherwise; and (iv) net profits interessts, production payments or
other interests in oil, gas or other minerals or other interests measured by production derived from the Subject
Property, together with all rights incident thereto. In this connection, the words "oil, gas and other minerals" means
GF No. 2304554CS 4
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all oil, gas and other liquid and gaseous hydrocarbons and such substances that may be produced with such oil, gas
and other liquid and gaseous hydrocarbons. "Oil, gas and other minerals" does not mean nor does it include all other
minerals and/or substances that cannot be extracted without causing destruction of the surface, in, on, or under any
part of the Subject Property such as, without limitation, Goal, lignite, near surface lignite, uranium, salt, vanadium,
thorium and other fissionable substances, hard rock minerals and base precious metals, geothermal energy, bauxite,
and iron ore. Those minerals other than "oil, gas and other minerals", along with the executive rights to negotiate
and execute leases for such minerals other than "oil, gas and other minerals" are not reserved by Grantors and are
expressly conveyed to Grantee.
Grantors hereby waive any and all of Grantors' rights of ingress or egress as to the surface oldie Subject Property
for the purposes of mining, drilling, exploring, operating, or developing the Subject Property for oil, gas, or other
minerals or removing the same therefrom. Grantors agree to waive, release, surrender, and convey all rights of
Grantors to use of the surface of the Subject Property unto Grantee and Grantee's heirs, successors, and assigns;
subject, however, to existing oil and gas leases and third parties that have control of the rights of ingress and egress.
The relinquishment of surface rights by Grantors shall not affect the rights held by any other holder of an interest
in the oil, gas and other minerals in, on, and under the Subject Property or a holder of a currently valid and existing
lease or the rights and interests held in minerals (including, without limitation, surface access) held by any
predecessors in title to Grantors, including reserved rights of ingress and egress to the Subject Property. Nothing
herein shall restrict or prohibit the pooling or unitization of the Subject Property with other land or the exploration
or production of the oil, gas, and other minerals by means of activity on land other than the Subject Property but
which enter or bottom under the Subject Property.
Reservatjgu of Groundwater Rights:
There is reserved and excepted from this sale conveyance, and Grantors hereby reserve and retain for Grantors and
Grantors' heirs, successors, and assigns forever, all of Grantors' right. title, and interest in and to the rights to
commercial development of the Groundwater Estate as to the Subject Property ("Groundwater Estate"), as defined
herein.
1. Groundwater Estate. The Groundwater Estate is hereby defined as ail underground water, percolating water,
artesian water, and all other waters, from any and all reservoirs, formations, depths and horizons beneath the surface
of the earth in and under, and that may be produced from, the Subject Property, together with all rights and benefits
accruing from the historical production of such water, and any and all claims, permits, licenses or other valuable
governmental approvals that now or hereafter pertain or accrue to such groundwater ownership, production, and
use.
2. Grantors' Commercial Development of Grot.p lwater Estate. Grantors shall have and retain the exclusive right,
power, and authority to execute and deliver any agreements whatsoever affecting or otherwise covering the Subject
Property (including the interest in the Groundwater Estate reserved by Grantors herein) relating to the commercial
exploration, drilling, production, sale, severance, transportation, or delivery of groundwater (a "Groundwater
Agreement"), without fee, license, compensation, or payment to Grantee. upon such terms as Grantors may desire
and without joinder by Grantee, or its heirs. successors, or assigns.
3. Grantee's Personal Use of Groundwater Estate. Notwithstanding the foregoing, Grantors grant and convey, and
Grantee shall have the right to explore and drill groundwater from the Groundwater Estate on the Subject Property
for Grantee's non-commercial domestic, livestock, and agricultural crop irrigation use, only, without fee, license,
compensation, or payment to Grantors, and without joinder by Grantors, or their heirs, successors, or assigns.
Grantee shall have no right to access the Groundwater Estate or to withdraw groundwater from the Subject Property
for use off the Subject Property or to convey any right, easement, license, or consent for the withdrawal of
groundwater under the Subject Property from any location outside the Subject Property.
GE No. 2304554CS
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4. Surface U. Grantors expressly waive, release, and relinquish all right to use all or any portion of the surface of
the Subject Property in connection with Grantors' interest in the Groundwater Estate. Any consideration for the use
of or damage to the surface of the Subject Property that accrues or becomes payable under the terms of a
Groundwater Agreement shall be paid to Grantee, and is not part of Grantors' interest in the Groundwater Estate.
Grantors' interest in the Groundwater Estate shall not in any way limit Grantee's ability to use or control the use of
the surface of the Subject Property. Nothing herein shall restrict or prohibit the pooling or unitization of the Subject
Property with other land or the exploration or production of the Groundwater Estate by means of activity on land
other than the Subject Property but which enter or bottom under the Subject Property,
5. Regulatory Authority; Further Assurances, Grantors and Grantee shall execute and deliver to the other any
documents or transfer instruments that are necessary or useful to fully carry out the transactions, grants, conveyances
and assignments covered by these terms, including the deed and reservation of Groundwater as contemplated herein,
and any applications, amendments, or purchase of any permits relating to the Subject Property or the Groundwater
Estate required by any governmental entity now or hereafter having authority over the drilling of water wells, the
spacing of water wells or the production or sale of groundwater. In case any provision of this Groundwater
Reservation shall be held invalid, illegal, or unenforceable, the legality and enforceability of the remaining
provisions hereof will not in any way be affected or impaired thereby.
6. Successor and Assigns. The rights of both Grantors and Grantee hereunder may be assigned in whole or in part,
and the provisions hereof shall extend to their heirs, successors, and assigns, but no change in the ownership or
division of the Subject Property or of the Groundwater Estate, however accomplished, shall operate to enlarge the
obligations, or diminish the rights of Grantee. Grantors' interest in the Groundwater Estate shall be treated as an
entirety.
7. Takes and Governmental Assessments. Grantors shall pay all taxes and governmental assessments Levied against
Grantors' interest in the Groundwater Estate and its proportionate part of all taxes or other regulatory charges
assessed upon or measured by the production of water from or allocated to the Subject Property.
8. Surface Water. Grantors sell, grant, bargain, and convey unto Grantee all surface water on or abutting the Subject
Property and all incorporeal hereditamennts appurtenant to the Subject Property, including all: riparian rights; water
by prior appropriation; surface water use by certified filings, exemptions or exceptions for use of surface water for
domestic or livestock purposes; and appropriation permits or certificates of adjudication, including any certificates
or permits issued by the Texas Water Commission, Texas natural Resource Conservation Commission or the Texas
Commission on Environmental Quality (collectively the "Surface Water Rights"). Grantors and Grantee both
acknowledge and agree that all Surface Water Rights are appurtenant to the surface estate, and shall be owned in
their entirety by Grantee.
Grantors, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance
and Warranty, grant, sell, and convey to Grantee the Subject Property, together with all and singular the rights and
appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and
assigns forever, Grantors bind Grantors and Grantors' heirs and successors to warrant and forever defend all and
singular the Subject Property to Grantee and Grantee's heirs, 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, except as to the Reservations from Conveyance and the Exceptions to Conveyance and
Warranty.
City Bank, at Grantee's request, has paid cash to Grantors that portion of the purchase price of the Subject Property
that is evidenced by the promissory note. The first and superior vendor's lien against and superior title to the Subject
Property are retained for the benefit of City Rank, and are transferred to City Bank, without recourse against
Grantors. The vendor's lien against and superior title to the Subject Property herein conveyed are retained until each
promissory note described herein is fully paid according to its terms, at which time this Deed shall become absolute.
GF No. 2304554CS 6
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When the context requires, singular nouns and pronouns include the plural.
� w
Bradley Camillus Wade, Independent Executor
of the Estate of Annie Belle Wade, Deceased, Grantor
STATE OF TEXAS
COUNTY OF BRAZOS
Before me, the undersigned authority, on this day personally appearedBradley Camillus Wade,
Independent Executor, of the Estate of Annie Belle Wade, Deceased, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and
considerations therein expressed. Given under my hand and seal of office on CLI-W4S'}' 2024.
KIM8FFt.Y WArrs
ft NOTARY PUBLIO
STATE OF TEXAS
MY GC1MM ExP 11/21/26
NOTARY Ya 1133419.3
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
�1/et
Notary Public -- State of Texas
Bradley Camillus Wade, Grantor
Before me, the undersigned authority, on this day personally appeared Bradley Camillus Wade, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and considerations therein expressed.
Given under my hand and seal of office on
MeERLY WATTS
NOTARY PUBLIC
,'' STATE OF TEXAS
Y COMM. EXP.11/21/26
NOTARY !O /13341S-3
Notary Public — State of Texas
GF No, 2344554CS 7
1537979 Page 8 of 13 09/04/2024 09:25 AM Karen McQueen, Brazos County Clerk Vot 19413 Pg 278
...� u
Steven Ray Wade, acting by and through his duly -appointed
Agent, Bradley Camillus Wade, under Special Durable Power
of Attorney for Real Estate Transactions dated July 31, 2024,
Instrument No. 1508834, Official Records, Brazos County,
Texas, Grantor
STATE OF TEXAS §
COUNTY OF BRAZOS §
Before me, the undersigned authority, on this day personally appeared Steven Ray Wade, acting by and
through his duly -appointed Agent, Bradley Camillus Wade, under Special Durable Power of Attorney for Real
Estate Transactions dated July 31, 2024, Instrument No. 1508834, Official Records, Brazos County, Texas, known
to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and considerations therein expressed.
Given under my hand and seal of office on + , 2024.
KtMBF_€RLY WATTS
ROTARY Pl1BUC
STATE OF TEXAS
MY COMM. EXP. 11/21426
PIOTARY €D 11334€9-3
STATE OF TEXAS
COUNTY OF BRAZOS
§
p,r Notary Public — S e of Texas
L...6k) �•--€-ids'.-i
Laura Audnette Wade Crenshaw, acting by and through her
duly -appointed Agent, Bradley Camillus Wade, under Special
Durable Power of Attorney for Real Estate Transactions dated
July 31, 2024, Instrument No. 1508833, Official Records,
Brazos County, Texas. Grantor
Before me, the undersigned authority, on this day personally appeared Lars Audnette Wade Crenshaw,
acting by and through her duly -appointed Agent, Bradley Camillus Wade, under Special Durable Power of Attorney
for Real Estate Transactions dated July 31, 2024, Instrument No. 1508833, Official Records, Brazos County, Texas,
known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
she executed the same for the purposes and considerations therein expressed.
Given under my hand and seal of office ora i iI 1Y ' , 2024.
1MEEFIV WATTS
1OTA Y PUBLIC
fiTATE OF TEXAS
MY COMM. EXP. 11/21/26
NOTARY Io 1133419.3
Notary Public — S :te of Texas
GF No. 2304554CS 8
1537979 Page 9 of 13 09/04/2024 09:25 AM Karen McQueen, Brazos County Clerk Vot 19413 Pg 279
ky \ 0,.3 g /°, fir,,.) •":•5 \! , Ni . c4Cx., ..I " �ak� t h
.„,--_—‘,,,,,,-;--`: .1,,, (:-/1.,---
Richard E. ade aka Richard Eugene Wade, acting by and
through his duly -appointed Agent, Bradley Camillus Wade,
under Special Durable Power of Attorney for Real Estate
Transactions dated July 31, 2024, Instrument No. 1508835,
Official Records, Brazos County, Texas, Grantor
STATE OF TEXAS
COUNTY OF BRAZOS
Before me, the undersigned authority, on this day personally appeared Richard E. Wade aka Richard
Eugene Wade, acting by and through his duly -appointed Agent, Bradley Camillus Wade, under Special Durable
Power of Attorney for Real Estate Transactions dated July 31, 2024, Instrument No. 1508835, Official Records,
Brazos County, Texas, Texas, known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes and considerations therein expressed.
Given under my hand and seal of office on
2024.
Notary Public Starof Texas
KIME!FfiLY wATTS
F4OTA.RY rUSLIC
aisWE OF TEXAS
MY COMM. axP.11f?1?'ZO
3O1-OI 11a.94iW,3
GE No. 2304554CS 9
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ACCEPTED:
Saddle Creek IT, LLC, a Texas limited liability company, Grantee
By: Duke cattle & Real Estate, LLC
By: .ram J
Sew rr Los, i } , its Manager
STATE OP TEXAS
COUNTY OF BRAZOS §
* Before me, the undersigned authority, on this day personally appeared $ c. L.4., L ou4, c F- , Manager
of Saddle Creek II, LLC, a Texas limited liability company, known to me to be the person whose name is
subscribed to the foregoing instnonent, and acknowledged to me that helsbe executed the same for the purposes
and considerations therein expressed. *Duke Cattle & Real Estate, LLC
Given under my hand and seal of office on A `i- O 2024.
Daniel Gober
Stale of Texas
'.: Notary Public
n Commission NE.. 130923045
reaestrs Expires 121 ,f (s24
PREPARED IN THE LAW OFFICE OF:
MIDDLETON & MIDDLETON
3330 Longmire Drive
College Station, Texas 77845
(979)695-2726
otary Public -- State of Texas
Ak MR RiECORDING RETURN TO:
University Title Company
PO Drawer DT
College Station, Texas 77M1
OF No. 2304554CS 10
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EXHIBIT A
A FIELD NOTES DESCRIPTION OF 96.52 ACRES EN THE JAMES C STUTEVILLE SURVEY,
ABSTRACT 216, E IH1AZOS COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A
CALLED 183.88 ACRE 'TRACT OF LAND DESCRIBED IN AN ESTATE PARTITION DEED TO
BRADLEY CAMILLUS WADE, STEVEN RAY WADE, RICHARI) E. WADE AND LAURA
AUDNETTE WADE CRENSHAW RECORDED IN VOLUME 14045. PAGE 286 OF THE OFFICIAL
PUBLIC RECORDS OF IBRAZOS COUNTY, TEXAS (OPRBCT); SAID 96.52 ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod found at an interior angle point in the southwest line of said 183,88
acre tract, same being the east corner of Lot 19, Block 5 of Saddle Creek Subdivision Phase 4 filed in
Volume 11331, Page 114 (OPRBCT);
THENCE, with the northeast line of said subdivision, N 59° 40' 27" W, fora distance of 1,398.98 feet to a
1/2 inch iron rod set (all rods set with blue plastic cap stamped 'KERR SURVEYLNG') for an angle point
in said line, same being the northeast corner of Lot 14 of said Block 5;
THENCE, with the north line of said subdivision and the north line of Saddle Creek Subdivision Phase 2,
filed in Volume 8758, Page 113 (OPRBCT), N 84° 18' 37" W, at a distance of 558.12 feet passing a 112 inch
iron rod found at the north common corner of Lots 11 and 12, Block 1 of said Phase 2 and continuing for
a total distance of 857.58 feet to a 1/2 inch iron rod set for the southwest corner hereof, from which the City
of College Station Geodetic Control Station (monument) `MON 4" bears N 49° 07' 12" W, a distance of
3,906.75 feet;
THENCE:, severing said 183.88 acre tract, the following three (3) courses and distances:
1) N 05° 41.' 23" E, for a distance of 90.00 feet to a 1/2 inch iron rod set;
2) S 84° 18' 37" E, for a distance of 191,99 feet to a I/2 inch iron rod set; and
3) N 21° 58' 53" E, fora distance of 1,234.44 feet to a 1/2 inch iron rod set in the southwest line of
the Union Pacific Railroad (a 200' wide railroad right-of-way, less 50' on the northeast side for
the FM 2154 highway right-of-way), being 100 feet from the centerline of the main railroad tracks,
for the northwest corner hereof;
THENCE, with said railroad right-of-way, being 100 feet from and parallel to said tracks, S 55° 47' 48" E,
for a distance of 3,929.40 feet to a 1/2 inch iron rod set in the northwest line of a called 3.000 acre tract of
land described in a deed to Millican Royalty and Living Trust recorded in Volume 7538, Page 18
(OPRBCT), for the east corner hereof;
THENCE, with the northwest line of said 3.000 acre tract and the northwest line of Duck Haven
Subdivision Phase Nine, filed in Volume 13990, Page 12 (OPRBCT), along the southeast line of James C.
Stuteville Survey, S 41° 54' 50" W, at a distance of 332.43 feet passing a 1/2 inch iron rod with yellow
plastic cap stamped 'K MCCLURE RPLS 5650' found at the north corner of lot 8, Block 10 of said Phase
Nine and continuing for a total distance of 1,048.89 feet to a 1/2 inch iron rod with yellow plastic cap
stamped 'KERR 4502' found at the east corner of Lot 136, Block 6 of Saddle Creek Subdivision Phase 6
filed in Volume 11640, Page 98 (OPRBCT) and the southeast corner hereof;
GE No, 2304554CS 11
1537979 Page 12 of 13 09/04/2024 09:25 AM Karen McQueen, Brazos County Clerk Vol_ 19413 Pg: 282
THENCE, with the north line of said Saddle Creek Subdivision Phase 6, the following three (3) courses
and distances:
1.) N 55° 49' 36" W, at a distance of 303.86 feet passing a In inch iron rod with yellow plastic cap
stamped `KERR 4502' found at the north corner of said Lot 136 and the east corner of Lot 137
and continuing for a total distance of 661.66 feet to a point at the north corner of Lots 137 and
138 of said Block 6, from which a 1/2 inch iron rod with yellow plastic cap stamped `KERR 4502'
found hears S 30° 08' 41" W, a distance of 1.19 feet;
2) S 43°47' 05" W, a distance of 689.20 feet to a 1/2 inch iron rod with yellow plastic cap stamped
'KERR 4502' found at the northwest corner of Lot 141 and the northeast corner Lot 142 of said
Block 6;
3) N 76° 35' 11" W, at a distance of 300.06 feet passing a 1/2 inch iron rod with yellow plastic cap
stamped 'KERR 4502' found at the northwest corner of Lot 143 of said Block 6, same being the
northwest corner of said Saddle Creek Phase 6 and the southeast corner of Lot 24, Block 6 of
Saddle Creek Subdivision Phase 3 filed in Volume 9311, Page 252 (OPR13CT), and continuing
with the northeast line of said Phase 3 for a total distance of 336.27 feet to a point in an 8 inch
fence corner post found at the south corner of Lot 23, Block 6 of said Phase 3, for the southwest
corner hereof;
THENCE, with the southeast line of said Phase 3, N 12° 49' 38" E, for a distance of 384.45 feet to a 1/2
inch iron rod set for an angle point in said line;
THENCE, continuing with the southeast line of said Phase 3, N 10° 00' 53" E, at a distance of 109.51 feet
passing a 1/2 inch iron rod with yellow plastic cap stamped 'KERR 4502' found at the east common corner
of Lots 21 and 22 of said Block 6, same being the common corner of Saddle Creek Subdivision Phases 3
and 4, and continuing with the southeast line of said Phase 4 for a total distance of 665.95 feet to the
POINT OF BEGINNING hereof and containing 96.52 acres of land, more or less.
GE No. 2304554CS 12
1537979 Page 13 of 13 09104/2024 9:28 AM Karen McQueen, Brazos County Clerk Volume: 19413
Brazos County
Karen McQueen
County Clerk
Instrument Number: 1537979
Volume : 19413
ERecordings - Real Property
Recorded On: September 04, 2024 09:25 AM Number of Pages: 13
" Examined and Charged as Follows: "
Total Recording: $73.50
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 1537979
Receipt Number: 20240904000037
Recorded Date/Time: September 04, 2024 09:25 AM
User: Victoria L
Station: Victoria Limon
STATE OF TEXAS
COUNTY OF BRAZOS
Record and Return To:
eRecording Partners
I hereby certify that this Instrument was FLED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Public Records of Brazos County, Texas.
Karen McQueen
County Clerk
Brazos County, TX
Docusign Envelope ID: 180D6D0E-EEB9-4E08-ACBD-191AF0BA2359
UNANIMOUS WRITTEN CONSENT IN LIEU OF
ORGANIZATIONAL MEETING OF MANAGER OF
SADDLE CREEK II, LLC
A LIMITED LIABILITY COMPANY
The undersigned, being the Manager named in Saddle Creek II, LLC's (hereinafter the
"Company") Certificate of Formation filed with the Secretary of State of Texas, hereby adopts the
following resolutions in lieu of an organizational meeting of the Manager.
CERTIFICATE OF FORMATION
RESOLVED, that the acknowledgment of filing issued by the Secretary of State of Texas,
and the certified copy of the Certificate of Formation filed on June 3, 2024, are accepted and
approved in all respects; and the Secretary is directed to place same in the Company record book.
COMPANY AGREEMENT
RESOLVED, that the form of the company agreement for regulating and managing
Company affairs submitted to the undersigned is approved and adopted as the Company
Agreement of the Company.
RESOLVED, that the Secretary is directed to place the Company Agreement in the
Company record book, and maintain a copy of the Company Agreement at the Company's
principal office.
PRINCIPAL OFFICE
RESOLVED, that the Company's principal office be established and maintained at 3828
S. College Avenue, Bryan, Texas 77801, and that meetings of the Manager from time to time may
be held either at the Company's principal office or at such other place as the Manager may select.
name:
OFFICERS
RESOLVED, that the following persons were nominated to the office preceding their
Office Officeholder
President Scott Lovett
Secretary Scott Lovett
Treasurer Scott Lovett
COMPANY RECORD BOOK
RESOLVED, that the Company, through its Secretary, shall maintain and authenticate in
the Company record book the appropriate business records, including but not limited to originals,
copies or certified copies of the Company's Certificate of Formation, the Acknowledgment of
Filing, the Company Agreement, the Membership Interest of each Member shown on Exhibit "A"
to the Company Agreement (membership interests shall not be certificated), minutes of the
meetings and of other proceedings of the Members, Managers, and any committee established
by the Managers; and
45663-0001: Unanimous Written Consent - Saddle Creek II LLC (Org Meeting) Page 1
Docusign Envelope ID: 180D6D0E-EEB9-4E08-ACBD-191AF0BA2359
RESOLVED FURTHER, that the Secretary is to maintain in the Company record book
records pertaining to the issuance and transfer of Membership Interest by updating Exhibit "A" of
the Company Agreement.
MEMBERSHIP INTEREST ISSUED
RESOLVED, that the Manager be, and hereby is, authorized to issue from time to time
authorized Membership Interests of the Company for money paid, labor done, promissory note,
or personal property or real estate or leases thereof actually acquired and upon such terms as
the Manager in the Manager's discretion may determine; and
RESOLVED FURTHER, that an offer be issued to the following to purchase one hundred
percent (100%) of the Membership Interest of the Company in the proportion and for the
consideration indicated opposite each name:
Members Name
Member's Interest Consideration
Scott Lovett 230cetiss EB emits
Duke Cattle & Real Estate, LLC 1 Class A Unit
RESOLVED, that the Manager is authorized to issue
appropriately qualified purchasers.
COMMENCING BUSINESS
$1.00 and other amounts as
reflected in the books and
records of the Company
$1.00 and other amounts as
reflected in the books and
records of the Company
additional Membership Interest to
RESOLVED, that consideration has been received for the issuance of Membership
Interest, and that the Company consequently is able to commence and transact business and to
incur indebtedness.
ORGANIZATIONAL EXPENSES
RESOLVED, that the Company Treasurer be and hereby is authorized to pay all charges
and expenses incident to or arising out of the organization of and to reimburse any person who
has made any disbursement therefor.
BANK ACCOUNT
RESOLVED, that the Treasurer be and hereby is authorized to open a bank account on
the Company's behalf with any banks the President deems appropriate.
LICENSES AND PERMITS
RESOLVED, that Company officers are directed to obtain in the Company's name such
other licenses and tax permits as may be required for the conduct of Company business by any
federal, state, county, or municipal governmental statute, ordinance, or regulations, and are
directed and authorized to do all things necessary or convenient to qualify to transact Company
45663-0001: Unanimous Written Consent - Saddle Creek II LLC (Org Meeting) Page 2
Docusign Envelope ID: 180D6D0E-EEB9-4E08-ACBD-191AF0BA2359
business in compliance with the laws and regulations of any appropriate federal, state, or
municipal governmental authority.
OTHER STATES
RESOLVED, that for the purpose of authorizing the Company to do business in any state,
territory or dependency of the United States or any foreign country in which it is necessary or
expedient for the Company to transact business, the proper Company officers are hereby
authorized to appoint and substitute all necessary agents or attorneys for service of process, to
designate and change the location of all necessary statutory offices and to make and file all
necessary certificates, reports, powers of attorney and other instruments as may be required by
the laws of such state, territory, dependency or country to authorize the Company to transact
business therein.
FISCAL YEAR
RESOLVED, that the Company fiscal year shall begin on January 1, and end on
December 31, subject to change by resolution, as appropriate, at the discretion of the Manager.
CARRY ON BUSINESS
RESOLVED, that the signing of these minutes shall constitute full consent, confirmation,
ratification, adoption and approval of the holding of the above meeting, the actions hereby taken,
the resolutions herein adopted and waiver of notice of the meeting by the signatories.
Dated: June 3, 2024
MANAGER:
Duke Cattle & Real Estate, LLC
a Texas limited liability company
By:
DocuSignetl by:
12626AFCFA4245C...
Scott Lovett, President
45663-0001: Unanimous Written Consent - Saddle Creek II LLC (org Meeting) Page 3
Saddle Creek II, LLC
3828 S College Ave
Bryan, TX 77801
RECEIVED
SEP 16 2023
September 9, 2024
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,
The ownership of the property known as a 96.52 Acre Tract in the James C. Stuteville Survey, Abstract 216, who
has signed below, in accordance with Texas Local Government Code 42.102, 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.
Sincerely,
Scott Lovett
Title: /' IAoa,,%i Meet o
S,d4L1`Crce 3L, l-1-�-
Address: as,- g S c.fe e_ Ave_
Bry4.1 f 77101
Date: 1/1 /A..`ZN
Petition to Remove Property from City's ETJ Page 1
i
r
FIELD NOTES DESCRIPTION
OF A
96.52 ACRE TRACT
JAMES C. STUTEVILLE SURVEY, ABSTRACT 216
BRAZOS COUNTY, TEXAS
A FIELD NOTES DESCRIPTION OF 96.52 ACRES IN THE JAMES C STUTEVILLE SURVEY, ABSTRACT 216, IN BRAZOS
COUNTY, TEXAS, BEING A PORTION OF THE REMAINDER OF A CALLED 183.88 ACRE TRACT OF LAND DESCRIBED IN
AN ESTATE PARTITION DEED TO BRADLEY CAMILLUS WADE, STEVEN RAY WADE, RICHARD E. WADE AND LAURA
AUDNETTE WADE CRENSHAW RECORDED IN VOLUME 14045, PAGE 286 OF THE OFFICIAL PUBLIC RECORDS OF
BRAZOS COUNTY, TEXAS (OPRBCT); SAID 96.52 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING at a 1/2 inch iron rod found at an interior angle point in the southwest line of said 183.88 acre tract,
same being the east corner of Lot 19, Block 5 of Saddle Creek Subdivision Phase 4 filed in Volume 11331, Page 114
(OPRBCT);
THENCE, with the northeast line of said subdivision, N 59° 40' 2T' W, for a distance of 1,398.9E feet to a 1/2 inch
iron rod set (all rods set with blue plastic cap stamped 'KERR SURVEYING') for an angle point in said line, same
being the northeast corner of Lot 14 of said Black 5;
THENCE, with the north line of said subdivision and the north line of Saddle Creek Subdivision Phase 2, filed in
Volume 8758, Page 113 (OPRBCT), N 84° 18' 37" W, at a distance of 558.12 feet passing a 1/2 inch iron rod found
at the north common corner of Lots 11 and 12, Block 1 of said Phase 2 and continuing for a total distance of
857.58 feet to a 1/2 inch iron rod set for the southwest corner hereof, from which the City of College Station
Geodetic Control Station (monument) 'MON 4" bears N 49° 07' 12" W, a distance of 3,906.75 feet;
THENCE, severing said 183.88 acre tract, the following three (3) courses and distances:
1) N 05° 41' 23" E, for a distance of 90.00 feet to a 1/2 inch iron rod set;
2) 5 84° 18' 3T' E, for a distance of 191.99 feet to a 1/2 inch iron rod set; and
3) N 21° 58' 53" E, for a distance of 1,234.44 feet to a 1/2 inch iron rod set in the southwest line of the
Union Pacific Railroad (a 200' wide railroad right-of-way, less 50' on the northeast side for the FM
24-164.doac
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2154 highway right-of-way), being 100 feet from the centerline of the main railroad tracks, for the
northwest corner hereof;
THENCE, with said railroad right-of-way, being 100 feet from and parallel to said tracks, 5 55° 4T 48" E, for a
distance of 3,929.40 feet to a 1/2 inch iron rod set in the northwest line of a called 3.000 acre tract of land
described in a deed to Millican Royalty and Living Trust recorded in Volume 7538, Page 18 (OPRBCT), for the east
corner hereof;
THENCE, with the northwest line of said 3.000 acre tract and the northwest line of Duck Haven Subdivision Phase
Nine, filed in Volume 13990, Page 12 (OPRBCT), along the southeast line of James C. Stuteville Survey,
5 41° 54' 50" W, at a distance of 332.43 feet passing a 1/2 inch iron rod with yellow plastic cap stamped
`K MCCLURE RPLS 5650' found at the north corner of Lot 8, Block 10 of said Phase Nine and continuing for a total
distance of 1,048.89 feet to a 1/2 inch iron rod with yellow plastic cap stamped 'KERR 4502' found at the east
corner of Lot 136, Block 6 of Saddle Creek Subdivision Phase 6 filed in Volume 11640, Page 98 (OPRBCT) and the
southeast corner hereof;
THENCE, with the north line of said Saddle Creek Subdivision Phase 6, the following three (3) courses and
distances:
1) N 55° 49' 36" W, at a distance of 303.86 feet passing a 1/2 inch iron rod with yellow plastic cap
stamped 'KERR 4502' found at the north corner of said Lot 136 and the east corner of Lot 137 and
continuing for a total distance of 661.66 feet to a point at the north corner of Lots 137 and 138 of
said Block 6, from which a 1/2 inch iron rod with yellow plastic cap stamped 'KERR 4502' found
bears 5 30° 08' 41" W, a distance of 1.19 feet;
2) 5 43° 4T 05" W, a distance of 689.20 feet to a 1/2 inch iron rod with yellow plastic cap stamped
'KERR 4502' found at the northwest corner of Lot 141 and the northeast corner Lot 142 of said
Block 6;
3) N 76° 35' 11" W, at a distance of 300.06 feet passing a 1/2 inch iron rod with yellow plastic cap
stamped 'KERR 4502' found at the northwest corner of Lot 143 of said Block 6, same being the
northwest corner of said Saddle Creek Phase 6 and the southeast corner of Lot 24, Block 6 of Saddle
Creek Subdivision Phase 3 filed in Volume 9311, Page 252 (OPRBCT), and continuing with the
northeast line of said Phase 3 for a total distance of 336.27 feet to a point in an 8 inch fence corner
post found at the south corner of Lot 23, Block 6 of said Phase 3, for the southwest corner hereof;
24-164.dacx
2Page
THENCE, with the southeast line of said Phase 3, N 12° 49' 38" E, for a distance of 384.45 feet to a 1/2 inch iron
rod set for an angle point in said line;
THENCE, continuing with the southeast line of said Phase 3, N 10° OD' 53" E, at a distance of 109.51 feet passing
a 1/2 inch iron rod with yellow plastic cap stamped 'KERR 4502' found at the east common corner of Lots 21 and
22 of said Block 6, same being the common corner of Saddle Creek Subdivision Phases 3 and 4, and continuing
with the southeast line of said Phase 4 for a total distance of 665.95 feet to the POINT OF BEGINNING hereof
and containing 96.52 acres, more or less.
Surveyed on the ground February 2023 under my supervision. See plat prepared February 2023 for 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 1.00008850284655 (calculated using
GE0ID12B). Reference drawing: 24-164-S.
1444; 4/12/24
Michael Konetski
Registered Professional Land Surveyor No. 6531
Revised 04-12-2024
KERR
SURVEYING
Kerr Surveying, LLC 1409 N. Texas Ave. Bryan, TX 77803
Office: (979) 268-3195 I Web: www.kerrlandsurveging.com
SurveysEa kerrsurveying.net I TBPELS Firm No. 10018500
24-164.do x
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