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Home My WebLink About10-24-24-7.5 - Resolution - 10/24/2024RESOLUTION NO.10-24-24-7.5 A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING DANE GARNET EIMANN AND CAROLYN GIBBENS' 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 30, 2024, Dane Garnet Eimann and Carolyn Gibbens ("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 approximately in the area of S. Dowling Road and I&G 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, the City Council finds that it has taken no action by ordinance or resolution regarding the Petition or Property; 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 previous actions under Texas Local Government Code Chapter 42 Subchapter D. (SB 2038); now therefore, Resolution No. 10-24-24-7.5 Page 2 of 3 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. ADOPTED this 24th day of October 2024. ATTEST: APPROVED: City Secretary Mayor APPROVED: City Attorney Resolution No. 10-24-24-7.5 Page 3 of 3 EXHIBIT A Approximately 40.68 acres of land situated in the Andrew McMahan Survey, Abstract No. 167 and the James Hope League, Abstract No. 22 in Brazos County, Texas. RECEIVED SEP 3 0 7024 PETITION FOR RELEASE FROM THE CITY OF COLLEGE STATION EXTRATERRITORIAL JURISDICTION Petitioners, Dane Garnet Eimann and Carolyn Gibbens, file this Petition for Release from the City of College Station (the "Petition"), as authorized by Texas Local Government Code § 42.101 et seq., and would show the following: 1. Petitioners, are the holders of title to land in the area described in the Petition, satisfy he minimum requirements of Texas Local Government Code (LGC) § 42.104(a). 2. As required by LGC § 42.104(d)(1), Petitioners own and seek removal of the following tract of land (the "Property") from the extraterritorial jurisdiction, being identified on the map attached to this Petition as Exhibit "A," and described by metes and bounds: Property Address: 14268 South Dowling Road College Station, TX 77845 Brazos CAD Parcel ID: 15651 Metes and Bounds attached as Exhibit "B" THEREFORE, having satisfied all requirements of Chapter 42 of the Texas Local Government Code, Petitioner seeks immediate release from the City of College Station Extraterritorial Jurisdiction, and requests that an agenda item be placed on the next regular meeting of the City Council[�of College Station to approve the Petition. Submitted on -t /36 , 2024. Verified on , 2024: Petitioner &a-v' QaJ 0.(>4 Dane Garnet Eimann DOB 2/16/1952 4502 Laura Lane Bryan, TX 77803 Carolyn Gib ens DOB 5/12/1949 2526 Willow Bend Bryan, TX 77802 City Secretary Aeci/Aem_. 9-30 -a 0,2 -1t EXHIBIT "A" — Map of property EXHIBIT "B" — Parcel ID: 15651 Metes and Bounds A METES & BOUNDS description of a certain 40.68 acre tract of land situated in the Andrew McMahan Survey, Abstract No. 167 and th a lames Hope League, Abstract No. 22 in Brazos County, Texas, and being the residue of a called 43.07 acre tract described in a deed to Dane Garnet Eimann and Carolyn Gibbens and recorded in Document No. 2014-12043E8 of the Official Public Records of Brazos County (OPRBC); said 40.68 acre tract being more particularly described as follows with all bearings being 'based an the Texas State Plane Coordinate System of 1983, Central Zone;, BEGINNING at a 1/2-inch iron rod with cap found at the northeast corner of a called 1.00 acre tract described in a deed to Johnny L Hayes and Brenda Hayes and recorded in Document No. 2000-706820 of the OPRBC and being in the south right-of-way line of South Dowling Road (width varies); THENCE, along the south right-of-way line of South Dowling Road and following the meanders of a barb wire fence the following three (3) courses: 1. North 75°11'55" East, 292.11 feet to a 1/2 inch iron rod (with cap stamped "YALGO") set for corner; 2. North 78°41'54" East, 54.31 feet to a 1/2-inch iron rod {with cap stamped "YALGO") set for corner; 3. South 72°47`23" East,10.14 feet to a 1/2-inch iron rod (with cap stamped "YALGO") set for corner in the southwest right-of-way line of I & GN Road (width varies); TH ENCE, along the southwest right-of-way line off & GN Road and following the meanders of a barb wire fence the following six {6) courses: 1. South 34°35'25" East, 37.21 feet to a 1/2-inch iron rod (with cap stamped "YALGO") set for corner; 2. South 30°48'34" East, 221.07 feet to a 1/2-inch iron rod (with cap stamped "YALGO") set for comer; 3. South 34°13'44" East, 96.98feet to a 1/2-inch iron rod {with cap stamped "YALGO") set for corner; 4. South 35°266'29" East, 183.99 feet to a 1/2-inch iron rod (with cap stamped "YALGO") set for corner; 5. South 40°13'29" East, 164.72 feet to a 1/2-inch iron rod (with cap stamped "YALGO'') set for corner; 6. South 43'36'15' East_, 2114.36 feet to an 8-inch wood fence post found at the east corner of said 43.07 acre tract; THENCE, South 38°27`37" West, 218.13 feet along the southeast line of said 43.07 acre tract, passing the north corner of a called 45.63 acre tract described in a deed to James S. Redman and Patricia M. Redman and recorded in Document No.1994-560618 of the OPRBC and continuing along the common line of said EXHIBIT "B" - cont 43.07 acre tract and said 45.63 are tract to a 5/8-inch iron rod with cap stamped " CP&Y" found for the east comer of a called 2.021 a cretract described in a deers to Wellborn Special Utility District and recorded in Document No. 2022-1491625 of the OPRBC; THENCE, North 47455'24°' West, 296.89 feet along the northeast line of said 2.021 acre tract to a 5/8-inch iron rod with cap stamped "CP&Y' found for the north corner of said 2.021 acre tract; THENCE, South 38°23'04" West, 296.85 feet along the northwest line to a 5/8-inch iron rod .with cap stamped "CP&Y" found for the west corner of said 2.021 acre tract; THENCE, South 47454'42" East, 296.98 feet along the southwest line of said 2.021 acre tract to a 600 rail found for the south corner of said 2.021 acre tract and being in the common line of said 43.07 acre tract and said 45.63 acre tract; THENCE, South 40°42'08" West, 26.56 feet along the common line of said 43.07 acre tract and said 45.63 acre tract to an 8-inch wood fence post found for the south corner of said 43.07 acre tract and the east corner of a called 34.99 acre tract described as Second Tract in an Affidavit of Ownership to Shirley Carter Redman, et al and recorded in Document No. 2012-1133552 of the OPRBC from which a found 1/2-inch iron rod with cap stamped Kerr Surveying" bears North 57409'18" West, a distance of 1.41 feet; THENCE, North 49425'48" West, 955.63 feet along the common line of said 43.07 acre tract and said 34.99 acre tract to an 8-inch wood fence post found for the north corner of said 34.99 acretract in the southeast line of a called 1530.6 acre tract described ;n a deed to Margaret Chance Evans Rael, et al and recorded in Document No. 2009-1049392 of the OPRBC; THENCE, North 39441'53" East, 51.72 feet along the southeast litre of said 1530.6 acre tract to a 60D nail found for the east corner of said 1530.6 acre tr.-act; THENCE, North 47457'46" West, 120.78 feet along Inc common Tine of said 43.07 acre tract and said 1530.6 acre tract to a 1/2-inch iron rod with cap stamped "Strong" found for the east corner cf a cal led 5.007 acre tract described in a deed to BTU and recorded in Document No_ 2011-1093123 of the 4PRBC; THENCE, North 47'457'43" West, 467.06 feet along the common line of said 43.07 acre tract and said 5.007 acre tract to a 1/2-inch iron rod with cap stamped '"Strong" found for the north corner of said 5.007 acre tract; THENCE, North 47436'25" West, 1190.76 feet along the common line of said 43.07 acre tract and said 1530.6 acre tract to a found 8-inch wood fence post found for the south corner of a called 5 acre tract described in a deed to Charles L Hayes and Mary E. Hayes and recorded in Volume 289, Page 1 of the Deed Records of Brazos County (DRBC); EXHIBIT "B" - cont THENCE, North 13°11`O8" East, 605.15 feet along the east lines of said 5 acre tract and aforementioned 1.00 acre tract to the POINT OF BEGINNING, and containing 40.68 acres of land in Brazos County, Texas. Note: This metes and bounds is accompanied by a plat of even date. All distances shown herein are horizontal grid distances. The comtined correction factor (CCF) is 0.9999035_ Surface distance = grid distance / CCF. Yalgo Engineering, LLC 109 W 2' St., Suite 201 Georgetown, Texas 78626 Tersa Saari of re'rofs: onad Eng: veers , LandSaize+n,r.Y Regi tratian ,a 10.194797 S. Corey Shannon Registered Professional Land Surveyor NG. 5967