Loading...
HomeMy WebLinkAboutResolution - 2021-R0271 - Amendment No. 1 to MSA for AnnexationResolution No. 2021-R0271 Item No. 7.9 July 27, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute and on behalf of the City of Lubbock, Amendment No. 1 to the municipal services agreement the annexation of an area consisting of approximately 110.438 acres in the extraterritoi jurisdiction of the City of Lubbock, Texas, by and between the City of Lubbock and Violet McInnes, Sandra K. Carlton, Wyatt Crawford, Melissa E. Crawford, and Landshark Commerc Properties, LLC, and related documents. Said Contract is attached hereto and incorporated in t resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on July 27, 2021 L'--' DANIEL M. POPE, MAYOR [:1111ll-DI30 eka'&' A' Reb ca Garza. City SIZFre ry APPROVED AS TO CONTENT: Jeri .ac ern, Assistant City Manager APPROVED AS TO FORM: w e i Leisure, Assistant City Attorney ccdocs/RES.Amend 1 14601 & Univ. Annexation 07.13.21 Resolution No. 2021-R0271 AMENDMENT I TO THE MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF LUBBOCK, TX AND VIOLET MCINNES, SANDRA CARLTON, WYATT CRAWFORD, MELISSA CRAWFORD, AND LANDSHARK COMMERCIAL PROPERTIES, LLC THIS IS THE FIRST AMENDMENT TO THE MUNICIPAL SERVICES AGREEMENT dated and entered into the 12th day of January 2021, via Resolution No. 2021-R0025, by and between the City of Lubbock (the "City") and Violet McInnes, Sandra Carlton, Wyatt Crawford, Melissa Crawford, and Landshark Commercial Properties, LLC, (the "Owners") for the annexation of an area consisting of approximately 110.438 acres (the "Properties") in the extraterritorial jurisdiction of the City of Lubbock, Texas. WITNESSETH: WHEREAS, the Owners and the City now amend the Agreement in order to add additional property of approximately 321.17 acres and additional property owners to the Agreement, and establish municipal services to be provided to all of the Properties herein. NOW, THEREFORE, the City and Owners agree to the terms of this FIRST AMENDMENT: The properties identified on the metes and bounds Exhibits "A, C, and D", attached hereto and incorporated herein, shall be included in the annexation of the Properties in this Amendment 1 to the Municipal Services Agreement. The owners of the properties in the above -referenced Exhibits, Lubbock Cooper Independent School District, Red Canyon, LLC, and Grow Lubbock, LLC are now additional "Owners" involved in the annexation. Additionally, the Exhibit "Municipal Services Plan (Tracts A, C, and D)", attached hereto and incorporated herein, shall be effective for the properties identified on the metes and bounds Exhibits "A, C, and D". This amendment also substitutes the prior metes and bounds and service plan subject to the original Agreement with the corrected metes and bounds Exhibit `B" and the updated Exhibit "Municipal Services Plan (Tract B)", respectively, attached hereto and incorporated herein. All other portions of the original Agreement shall remain unchanged by this Amendment. IN WITNESS HEREOF, the parties have executed this Agreement as of this 27th day of July 2021. Page 1 of 5 CITY OF LUBBOCK DANIEL M. POPE, MAYOR ATTEST: Q a4� Jx� Reb Garza, City Secre ary APPROVED AS TO CONTENT: b?y am, Director of Planning APPROVED AS TO FORM: � � a Kel(i Leisure, Assistant City Attorney Violet A. McInnes ignature SUBSCRIBED AND SWORNA�and fi T BEFORE ME on the day of / day of 20�, to certify which witness my ciaE JENNIFER LEE WATSON Notary Public, State of Texas Comm. Expires 02/12/2022 [Sean OF Notary ID 13144359-8 [Printed name] I 1110drA I Notary Public in and for the State of Texas Sandra K. Carlton Signature SUBSCRIBED AND SWORN TO BEFORE ME on the day of day of , 20 , to certify which witness my hand and official seal. [Sean [Signature] [Printed name] Notary Public in and for the State of Texas Page 2 of 5 CITY OF LUBBOCK Violet A. McInnes DANIEL M. POPE, MAYOR Signature ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Bryan Isham, Director of Planning APPROVED AS TO FORM: Kelli Leisure, Assistant City Attorney SUBSCRIBED AND SWORN TO BEFORE ME on the day of day of , 20 , to certify which witness my hand and official seal. [Sean [Signature] [Printed name] Notary Public in and for the State of Texas Sandra K. Carlton SUBSCRIBED AND SWORN TO BEFORE ME on the day of I), day of 3 uL Y , 20 S� I , to certify which witness my hand and official seal. MALIK THOMAS •APR • GB /: Notary Public, State of Texas Comm. Expires 06-07-2025 Notary ID 133142366 [Signature] a.��f- cCx/ svti��" [Printed name] M NL �< "Ao" A- S Notary Public in and for the State of Texas Page 2 of 5 Melissa E. Crawford "i L-L"' E. rc_�4 Signat SUBSCRIBEPAND SW RED TO BEFORE ME on the day of / 2._ SAY of d/ , 20 �, to certify which witness my han and officiate, *a4 �ratiaJENNIFER LEE WATSON Notary Public, State of Texas [Seaq �Comm. Expires 02/12/2022 oF�Notary ID 13144359-8 H . TJ'Il'41 Vin, V11 wr/, G WA2LUMLFAM U�iii Notary Public in and for the State of Texas Wyatt E. Crawford W �- Sign re SUBSCRIB D AND SVMDRN TO BEFORE on the day of day of , 20 , to certify whi ���r►u JENNIFER LEE WATSON Notary Public, State of Texas g Comm. Expires 02/12/2022 [Sea4 0 Notary ID 13144359-8 [Printed name] Notary Public in and for the State of Texas Page 3 of 5 SUBSCRIBED AND SWORN TO BEFORE ME on the day of L day of , 202A, to certify mjp= [Seal) 4otary Public, State of Texas Comm. Expires 07.14.2024 Notary ID 132567408 [Signature] [Printed name] � A trl 4..p r I LLB Notary Public in and for the State of Texas Lubbock, LLC Printed Name and Title SUBSCRIBED AND SWORN TO BEFORE ME on the day of� day of , 20to certify which witness my hand and icial seal. CATHIE "UD Notary Public. State of Texas Comm. oNotary ID f eIA256740824 [Signature] t 1 MLkA S2 _-J!:=1 E:�i_1.i4 [Printed name] e-a4�)':E F-k 4 Notary Public in and for the State of Texas Page 4 of 5 Landshark Commercial Properties, LLC Signature JA-56Y% Printed Name and Title SUBSCRIBED AND SWO N TO BEFORE ME on the day of AZt1j day of , 202.1 _, to certi w i I. go JENNIFER LEE WATSON Notary Public, State of Texas Comm. Expires 02/12/2022 [Se Notary ID 14144359-8 [Signature] [Printed name] Notary Public in and for the State of Texas APPROVED AS TO FORM: Paul Ehlers, Lubbock Cooper Independent School District, Board of Trustees President Ann Manning, Legal Counsel, Lubbock Cooper Independent School District Signature SUBSCRIBED AND SWORN TO BEFORE ME on the day of day of , 20 , to certify which witness my hand and official seal. [Sean [Signature] [Printed name] Notary Public in and for the State of Texas Page 5 of 5 APPROVED AS TO FORM: Ann Manning, Legal Counsel, Lubbock Cooper Independent School District Landshark Commercial Properties, LLC Signature Printed Name and Title SUBSCRIBED AND SWORN TO BEFORE ME on the day of day of , 20 , to certify which witness my hand and official seal. [Sean [Signature] [Printed name] Notary Public in and for the State of Texas Paul Ehlers, Lubbock Cooper Independent School District, Board of Trustees President Signature SUBSCRIBED ANDS ORN TO BEFORE ME on the day of I day of J04 2021 , to certify which witness my han6 and official seal. [Sea/ %oCATHY WRIGHT %�Notary Public, State of Texas iQ= Comm. Expires 08-21.2024 Notary t0 132637271 Si nature [ 9 ] [Printed name] Q-40L-thU [A �,Lhf Notary Public in and for the State of Texas Page 5 of 5 Municipal Services Plan (Tracts A, C, and D) A. Commencing on the effective date of annexation, the City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with the applicable city ordinances, rules, regulations, and policies. i. Fire Services a. Existing Services: None Services to be Provided: Fire suppression will be available to the area upon annexation. Primary fire response will be provided by Fire Station No. 14, located at 2402 96th Street, Station No. 16, located at 4030 114th Street and Station 17, located at 3241 63rd Street. Station No. 14 is approximately 4.8 miles from the proposed annexation with an approximate response time of 6 to 7 minutes. Station 16 is approximately 5.3 miles from the proposed annexation with an approximate response time of 7 to 8 minutes. Station No. 17 is approximately 7.7 miles from the proposed annexation with an approximate response time of 11 to 12 minutes. Fire suppression activities can be afforded to the annexed area within current appropriation with a less than desirable response time. As these areas are developed an additional fire station(s) will be considered. Fire Prevention activities will be provided by the Fire Marshal's office as needed. ii. First Responder Emergency Medical Services a. Existing Services: None b.Services to be Provided: Lubbock Fire Rescue is a Basic Life Support (BLS) First Responder Organization. BLS First Responder emergency medical response will be provided by Fire Station No. 14, located at 2402 96th Street, Station No. 16, located at 4030 114th Street and Station 17, located at 3241 63rd Street. Station No. 14 is approximately 4.8 miles from the proposed annexation with an approximate response time of 6 to 7 minutes. Station 16 is approximately 5.3 miles from the proposed annexation with an approximate response time of 7 to 8 minutes. Station No. 17 is approximately 7.7 miles from the proposed annexation with an approximate response time of 11 to 12 minutes. Emergency medical transport is provided by the Lubbock County Hospital District. iii. Police Services a. Existing Services: None b.Services to be Provided: The Police Department's responsibility for responding to emergency and non -emergency law enforcement calls for service and to provide law enforcement patrol coverage in an effort to prevent, reduce, mitigate and solve crimes will extend to this area on the effective date. These services can be provided within the department's current budget. iv. Building Safety Services a. Existing Services: None b.Services to be Provided: The Building Safety Department will provide construction code enforcement services upon annexation. This includes construction plan review and field inspection services and the issuance of building, electrical, and plumbing/mechanical permits for any new construction and remodeling, as well as enforcement of all other applicable laws and codes that regulate building construction within the City of Lubbock. It is anticipated that such services can be provided with current personnel and within the current budget appropriation. As land is developed, the need for additional personnel and budget appropriations will be dependent upon the type, intensity and rate of development within the annexed area as well as areas that compete for those resources. V. Planning and Zoning Services a. Existing Services: Subdivisions of land within the five -mile extraterritorial jurisdiction (ETJ) of the city are required to have a plat of the subdivision prepared in accordance with the City of Lubbock subdivision regulations. Currently, plats and subdivisions in the ETJ are approved by the Planning and Zoning Commission, as well as the County Commissioner's Court, as may be dictated by applicable state statutes and City ordinances. Similarly, signs and billboards are regulated within the ETJ pursuant to the City's sign ordinance, as authorized by State law. No other Planning department services are authorized or offered outside of the City limits, including zoning. b.Services to be Provided: The Planning and Zoning Department's responsibility for regulating development and land use through the administration of the City of Lubbock Zoning Ordinance will extend to this area on the effective date of the annexation. The annexed areas will also continue to be regulated under the requirements of the City of Lubbock Subdivision Ordinance. These services can be provided within the department's current budget. vi. GIS and Data Services a. Existing Services: None b.Services to be Provided: GIS and Data Services will update all city-wide GIS data sets to include the newly annexed areas. This will include support to the Office of City Secretary for elections requirements, to Building Inspection, Streets and Traffic Engineering for addresses, street names and street signs, and to Planning for transitional zoning. GIS will facilitate a meeting with Lubbock Emergency Communication District, Police and Fire for determination of updated information for 911 Dispatch. Updated GIS information that is public will also be reflected on the GIS mapping website for citizens. vii. Publicly Owned Parks, Facilities, and Buildings a. Existing Services: City of Lubbock Library's materials, services, and programs are currently available to anyone who lives in Lubbock County. b.Services to be Provided: Residents of the Property will be permitted to utilize all existing publicly -owned and available parks, facilities (including community service facilities, libraries, swimming pools, etc.) and buildings throughout the City. Upon the effective date of annexation, staff will study areas to be included in future versions of the Parks Master Plan. Any addition of parkland will create additional expenses to the Parks and Recreation operating budget. The Library will continue to provide services to all of Lubbock County, including the area to be annexed. These services are provided within the department's current budget. viii. Code Administration/Environmental Health Services a. Existing Services: None b.Services to be Provided: The City of Lubbock's Code Administration/Environmental Health Departments will implement the enforcement of local ordinances and regulations on the effective date of the annexation. Such services can be provided with current Code Administration/Health Department Personnel and within the current budget appropriation. As land is developed, increases in personnel and budget will be needed in order to provide the same level of customer service. ix. Animal Services a.Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock County Sheriff's Office. b.Services to be Provided: Animal control services will be provided to the area as needed. The City of Lubbock Animal Services Department will implement the enforcement of the City of Lubbock's animal control ordinances and regulations upon the effective date of the annexation. It is anticipated that such services can be provided with current personnel and budget appropriation, but response times may increase. X. Street Services a. Existing Services: City of Lubbock Public Works currently maintains any roads that are within the City of Lubbock City Limits adjacent to these plats. b.Services to be Provided: In accordance with the Master Thoroughfare Plan, the proposed annexation area is adjacent to approximately 5 miles of Arterial Roadway. As development occurs, the City's current policies require the City to design and build Arterial Roadways. Roadway Impact Fees will be due at the time of platting. Capital projects may be required in the future to provide adequate funding to support this anticipated growth. The timing of these improvements would be contingent on available funding and growth patterns in these areas. The developer may build the roadway and receive offsets in Lieu of Impact Fees. xi. Storm Water Management Services a. Existing Services: City maintains jurisdiction of playa lakes within the ETJ. TCEQ (Texas Commission on Environmental Quality) has jurisdiction of enforcement and compliance with stormwater related permits outside the City limits. b.Services to be Provided: As land is developed, developers will provide plans for addressing the conveyance of storm water drainage. The Development Engineering staff will review the drainage plans for compliance with the current drainage regulations and policies. Any major improvements for conveyance will be inspected for compliance by the city staff at time of completion. Additionally, as land is developed and building permits are requested, Storm Water staff reviews each permit request for compliance with the Chapters 22 (City's Stormwater permit) and Chapter 30 (Lakes and Floodplains) of the City Code. After permit issuance, inspections of the construction sites are to ensure compliance with the City Code and state regulations. Depending on the type and intensity of development within the annexed area, the need for additional personnel and budget appropriations may be needed to provide adequate customer service (development and permit review and inspections). TCEQ Stormwater permit holders will be transitioned from TCEQ oversight to City of Lubbock oversight, i.e. inspection and compliance of these existing facilities will now be the responsibility of the Storm Water Staff. xii. Street Li ting a. Existing Services: None b.Services to be Provided: The City of Lubbock will coordinate any request for improved street lighting with the local electric provider in accordance with standard policy. xiii. Traffic Engineering Services a. Existing Services: None b.Services to be Provided: Upon annexation and in conjunction with the platting process, Traffic Engineering will identify and install required traffic signs to be installed at the developer's expense. Other regulatory traffic control devices will be provided after appropriate studies indicate the data meets the minimum requirements as set forth in the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and as budget permits. xiv. Water and Sanitary Sewer Services a. Existing Services: None b.Services to be Provided: Water infrastructure is in close proximity to these locations within the City Limits and should provide adequate flow. Sewer infrastructure is not currently adjacent to this area within the existing City Limits. Availability of water and sewer is at the request and expense of the user, and shall be provided within current policies and ordinances of the City (note below for an explanation of pro-rata charges). Water and sewer for domestic and commercial use, when installed, will be available at approved City rates. Water for fire protection will be available through lines only after service lines are installed by the developer. Pro-Rata Charges: Chapter 22, City Code establishes the charges or the actual cost of construction due on all property to which water and/or sewer lines are extended. The charge is generally known as "pro-rata" and is due and payable before service is provided. The pro-rata charge represents a portion of the costs of providing water and/or sewer facilities to serve the property on which the pro-rata is paid. When a person desires water and/or sewer service to property that requires an extension of existing facilities to provide service adjacent to the property or when the service connection will be made to a line constructed after April 1, 1952, the person desiring service shall pay non-refundable charge called pro-rata. 2005 pro-rata charges include $15.00 per front foot of lot or tract to be serviced for sewer and $12.00 for water, unless the actual extension cost is greater, then the charge is per actual cost. When an extension of water/sewer facilities exceeds the above costs, the person(s) desiring service shall pay the entire cost and later be refunded that amount above pro-rata when other persons tie onto service and pay their pro-rata. Ordinance 8017 specifies other items including: A. pro-rata on property already platted, and extension of services. B. pro-rata and extensions to property being platted C. sizes of lines and meter sizes D. location for service connection E. deposits, charges, refunds F. cost of large mains may be partially paid by City, and other consideration, or G. when the City Council can declare a health hazard and install mains at public expense. xv. Solid Waste Services a. Existing Services: None b.Services to be Provided: Solid Waste Collection shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing City policies, beginning with occupancy of structures. Since there is potential residential growth within this area of annexation, impact to services has been determined to be gradual. Additional driver and equipment can be projected when 1,000 residential unit structures are occupied, and an increase in staffing and equipment will be needed as development continues within this proposed annexation area and exceeds route collection averages. The landfill will be able to handle this request. The only impact would be that the City could anticipate landfilling additional solid waste tonnage and ultimately developing the next landfill cell sooner than currently projected. B. It is understood and agreed that the City is not required to provide a service that is not included in this agreement. C. Owner understands and acknowledges that the City departments listed above may change name or be -reorganized by the City Manager. Any reference to a specific department also includes any subsequent department that will provide the same or similar services. Municipal Services Plan (Tract B) A. Commencing on the effective date of annexation, the City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with the applicable city ordinances, rules, regulations, and policies. i. Fire Services a. Existing Services: None b.Services to be Provided: Fire suppression will be available to the area upon annexation. Primary fire response will be provided by Fire Station No. 14, located at 2402 96th Street, Station No. 16, located at 4030 114th Street and Station 17, located at 3241 63rd Street. Station No. 14 is approximately 3.8 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station 16 is approximately 4.3 miles from the proposed annexation with an approximate response time of 6 to 7 minutes. Station No. 17 is approximately 6.7 miles from the proposed annexation with an approximate response time of 9 to 10 minutes. Fire suppression activities can be afforded to the annexed area within current appropriation with a less than desirable response time. As these areas are developed an additional fire station(s) will be considered. Fire Prevention activities will be provided by the Fire Marshal's office as needed. ii. First Responder Emergency Medical Services a. Existing Services: None Services to be Provided: Lubbock Fire Rescue is a Basic Life Support (BLS) First Responder Organization. BLS First Responder emergency medical response will be provided by Fire Station No. 14, located at 2402 96th Street, Station No. 16, located at 4030 114th Street and Station 17, located at 3241 63rd Street. Station No. 14 is approximately 3.8 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station 16 is approximately 4.3 miles from the proposed annexation with an approximate response time of 6 to 7 minutes. Station No. 17 is approximately 6.7 miles from the proposed annexation with an approximate response time of 9 to 10 minutes. Emergency medical transport is provided by the Lubbock County Hospital District. iii. Police Services a. Existing Services: None b.Services to be Provided: The Police Department's responsibility for responding to emergency and non -emergency law enforcement calls for service and to provide law enforcement patrol coverage in an effort to prevent, reduce, mitigate and solve crimes will extend to this area on the effective date. These services can be provided within the department's current budget. iv. Building Safety Services a. Existing Services: None b.Services to be Provided: The Building Safety Department will provide construction code enforcement services upon annexation. This includes construction plan review and field inspection services and the issuance of building, electrical, and plumbing/mechanical permits for any new construction and remodeling, as well as enforcement of all other applicable laws and codes that regulate building construction within the City of Lubbock. It is anticipated that such services can be provided with current personnel and within the current budget appropriation. As land is developed, the need for additional personnel and budget appropriations will be dependent upon the type, intensity and rate of development within the annexed area as well as areas that compete for those resources. V. Planrng and ZoningServices a. Existing Services: Subdivisions of land within the five -mile extraterritorial jurisdiction (ETJ) of the city are required to have a plat of the subdivision prepared in accordance with the City of Lubbock subdivision regulations. Currently, plats and subdivisions in the ETJ are approved by the Planning and Zoning Commission, as well as the County Commissioner's Court, as may be dictated by applicable state statutes and City ordinances. Similarly, signs and billboards are regulated within the ETJ pursuant to the City's sign ordinance, as authorized by State law. No other Planning department services are authorized or offered outside of the City limits, including zoning. b.Services to be Provided: The Planning and Zoning Department's responsibility for regulating development and land use through the administration of the City of Lubbock Zoning Ordinance will extend to this area on the effective date of the annexation. The annexed areas will also continue to be regulated under the requirements of the City of Lubbock Subdivision Ordinance. These services can be provided within the department's current budget. vi. GIS and Data Services a. Existing Services: None b.Services to be Provided: GIS and Data Services will update all city-wide GIS data sets to include the newly annexed areas. This will include support to the Office of City Secretary for elections requirements, to Building Inspection, Streets and Traffic Engineering for addresses, street names and street signs, and to Planning for transitional zoning. GIS will facilitate a meeting with Lubbock Emergency Communication District, Police and Fire for determination of updated information for 911 Dispatch. Updated GIS information that is public will also be reflected on the GIS mapping website for citizens. vii. Publicly Owned Parks, Facilities, and Buildings a. Existing Services: City of Lubbock Library's materials, services, and programs are currently available to anyone who lives in Lubbock County. b.Services to be Provided: Residents of the Property will be permitted to utilize all existing publicly -owned and available parks, facilities (including community service facilities, libraries, swimming pools, etc.) and buildings throughout the City. Upon the effective date of annexation, staff will study areas to be included in future versions of the Parks Master Plan. Any addition of parkland will create additional expenses to the Parks and Recreation operating budget. The Library will continue to provide services to all of Lubbock County, including the area to be annexed. These services are provided within the department's current budget. viii. Code Administration/Environmental Health Services a. Existing Services: None b.Services to be Provided: The City of Lubbock's Code Administration and Environmental Health Departments will implement the enforcement of local ordinances and regulations on the effective date of the annexation. Such services can be provided with current Code Administration/Health Department Personnel and within the current budget appropriation. As land is developed, increases in personnel and budget will be needed in order to provide the same level of customer service. ix. Animal Services a. Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock County Sheriff's Office. b.Services to be Provided: Animal control services will be provided to the area as needed. The City of Lubbock Animal Services Department will implement the enforcement of the City of Lubbock's animal control ordinances and regulations upon the effective date of the annexation. It is anticipated that such services can be provided with current personnel and budget appropriation, but response times may increase. X. Street Services a. Existing Services: City of Lubbock Public Works currently maintains the road adjacent to the north of this tract (146th Street) and the portion of University Avenue (660 feet south of 146th Street) that lies within the City Limits. b.Services to be Provided: In accordance with the Master Thoroughfare Plan, the proposed annexation area is adjacent to 0.3 miles of Arterial Roadway. As development occurs, the City's current policies require the City to design and build Arterial Roadways as funding is available. Capital projects maybe required in the future to provide adequate funding to support this anticipated growth. The timing of these improvements would be contingent on available funding and growth patterns in these areas. xi. Storm Water Management Services a. Existing Services: City maintains jurisdiction of playa lakes within the ETJ. Texas Commission on Environmental Quality (TCEQ) has jurisdiction of enforcement and compliance with stormwater-related permits outside the City limits. b.Services to be Provided: As land is developed, developers will provide plans for addressing the conveyance of storm water drainage. The Development Engineering staff will review the drainage plans for compliance with the current drainage regulations and policies. Any major improvements for conveyance will be inspected for compliance by the city staff at time of completion. Additionally, as land is developed and building permits are requested, Storm Water staff reviews each permit request for compliance with the Chapters 22 (City's Stormwater permit) and Chapter 30 (Lakes and Floodplains) of the City Code. After permit issuance, inspections of the construction sites are to ensure compliance with the City Code and state regulations. Depending on the type and intensity of development within the annexed area, the need for additional personnel and budget appropriations may be needed to provide adequate customer service (development and permit review and inspections). TCEQ Stormwater permit holders will be transitioned from TCEQ oversight to City of Lubbock oversight, i.e. inspection and compliance of these existing facilities will now be the responsibility of the Storm Water Staff. xii. Street Li hting a. Existing Services: None b.Services to be Provided: The City of Lubbock will coordinate any request for improved street lighting with the local electric provider in accordance with standard policy. xiii. Traffic Engineering Services a. Existing Services: None b.Services to be Provided: Upon annexation and in conjunction with the platting process, Traffic Engineering will identify and install required traffic signs to be installed at the developer's expense. Other regulatory traffic control devices will be provided after appropriate studies indicate the data meets the minimum requirements as set forth in the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and as budget permits. xiv. Water and Sanitary Sewer Services a. Existing Services: None b.Services to be Provided. Water and Sewer infrastructure is not currently adjacent to this area within the existing City Limits. Availability of water and sewer is at the request and expense of the user, and shall be provided within current policies and ordinances of the City (note below for an explanation of pro-rata charges). Water and sewer for domestic and commercial use, when installed, will be available at approved City rates. Water for fire protection will be available through lines only after service lines are installed by the developer. Pro-Rata Charges: Chapter 22, City Code establishes the charges or the actual cost of construction due on all property to which water and/or sewer lines are extended. The charge is generally known as "pro-rata" and is due and payable before service is provided. The pro-rata charge represents a portion of the costs of providing water and/or sewer facilities to serve the property on which the pro-rata is paid. When a person desires water and/or sewer service to property that requires an extension of existing facilities to provide service adjacent to the property or when the service connection will be made to a line constructed after April 1, 1952, the person desiring service shall pay non-refundable charge called pro-rata. 2005 pro-rata charges include $15.00 per front foot oflot or tract to be serviced for sewer and $12.00 for water, unless the actual extension cost is greater, then the charge is per actual cost. When an extension of water/sewer facilities exceeds the above costs, the person(s) desiring service shall pay the entire cost and later be refunded that amount above pro-rata when other persons tie onto service and pay their pro-rata. Ordinance 8017 specifies other items including: A. Pro-rata on property already platted, and extension of services; B. Pro-rata and extensions to property being platted; C. Sizes of lines and meter sizes; D. Location for service connection; E. Deposits, charges, refunds; F. Cost of large mains may be partially paid by City, and other consideration; or G. When the City Council can declare a health hazard and install mains at public expense. xv. Solid Waste Services a. Existing Services: None b.Services to be Provided: Solid Waste Collection shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing City policies, beginning with occupancy of structures. Since there is potential residential growth within this area of annexation, impact to services has been determined to be gradual. Additional driver and equipment can be projected when 1,000 residential unit structures are occupied, and an increase in staffing and equipment will be needed as development continues within this proposed annexation area and exceeds route collection averages. The landfill will be able to handle this request. The only impact would be that the City could anticipate landfilling additional solid waste tonnage and ultimately developing the next landfill cell sooner than currently projected. B. It is understood and agreed that the City is not required to provide a service that is not included in this agreement. C. Owner understands and acknowledges that the City departments listed above may change name or be -reorganized by the City Manager. Any reference to a specific department also includes any subsequent department that will provide the same or similar services. HUGO REED AND ASSOCIATES, INC. FEED FM1801 AVENUE N LUBBOCK, TEXAS 19401 1 8001763-5642 f FAX 6061783-3891 41 •- TEXAS REGISTERED ENGINEERING FIRM F•760 TEXAS LICENSED SURVEYING FIRM 100876.00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" METES AND BOUNDS DESCRIPTION of a 158.59 acre tract, being the Northwest Quarter of Section 21, Block E, Abstract 434, Lubbock County, Texas, being further described as follows: BEGINNING at a point the Northwest corner of Section 21, Block E, Waxahachie Tap Railroad Co. Survey, Abstract No. 434, Lubbock County, Texas, said point being the Northwest corner of this tract; THENCE S. 88"27'54" E., along the North line of said Section 21, a distance of 2616.17 feet to a point for the Northwest corner of a 146.27 acre tract described under County Clerk File Number (CCFN) 2015005977 of the Official Public Records of Lubbock County, Texas (OPRLCT) and the Northeast corner of this tract; THENCE S. 01"49'57" W., along the Western boundary of said 146.27 acre tract, a distance of 2639.92 feet to a point for the Northeast corner of a 158.8 acre tract described in Volume 5905, Page 266, Real Property Records of Lubbock County, Texas, the Southwest corner of said 146 27 acre tract, and the Southeast corner of this tract; THENCE N. 88027'55" W., along the Northern boundary of said 158.8 acre tract, a distance of 2617.55 feet to a point in the West line of said Section 21. at the Northwest corner of said 158.8 acre tract, and the Southwest corner of this tract; THENCE N. 0105145" E., along the West line of said Section 21, a distance of 2639.95 feet to the Point of Beginning, SAVE AND EXCEPT THE FOLLOWING DESCRIBED THREE TRACTS OF LAND; TRACT ONE: The North 660.00 feet of the above described tract of land; TRACT TWO: BEGINNING at a point in the South line of the Northwest Quarter of said Section 21 and the Southern boundary of a 158.6 acre tract described under CCFN 2017015689, OPRLCT, for the Southwest corner of this tract, which bears S. 88°27'55" E. a distance of 895.00 feet from the Southwest corner of the Northwest Quarter of said Section 21; THENCE N. 01 *32'05" E. a distance of 679.00 feet to a point for the most Westerly Northwest comer of this tract; THENCE N. 46032'05" E. a distance of 21.21 feet to a point for the most Northerly Northwest corner of this tract; THENCE S. 88027'55" E. a distance of 930.00 feet to a point for the most Northerly Northeast corner of this tract; THENCE S. 43027'55" E. a distance of 21.21 feet to a point for the most Easterly Northeast corner of this tract; THENCE S. 01 032'05" W. a distance of 679.00 feet to a point in the South line of the Northwest Quarter of said Section 21, and the Southern boundary of said 158.6 acre tract for the Southeast corner of this tract, from whence the Southeast corner of the Northwest Quarter of said Section 21 bears S. 88027'55" E. a distance of 762.55 feet; Page 1 of 2 THENCE N. 88027'55" W., along the South line of the Northwest Quarter of said Section 21, and the Southern boundary of said 158.6 acre tract, a distance of 960.00 feet to the Point of Beginning. TRACT THREE: BEGINNING at a point for the Southwest corner of the Northwest Quarter of said Section 21, the Southern boundary of a 158.6 acre tract described under CCFN 2017015689, OPRLCT, and the Southwest corner of this tract; THENCE N. 01 051'45" E. a distance of 45.00 feet to a point for the most Northwest corner of this tract; THENCE S. 88027'55" E. a distance of 65.00 feet to a point for the most Northeast corner of this tract; THENCE S. 01 051'45" W. a distance of 45.00 feet to a point for the most Southeast corner of this tract; THENCE N. 88027'55" W. a distance of 65.00 feet to a point for the most Northeast corner of this tract; Contains: 103.59 acres Bearings are relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0). April 19, 2021 C7 5410 ES*Z ` 6' SCE Brent CarrollSUR Registered Professional Land Surveyor No. 5410 State of Texas This document was prepared under 22 TA C §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Page 2 of 2 E N G I N E E R I N G CIVIL • ENVIRONMENTAL • SAFETY www.KZMeng.com 5012 501' Street, Suite 204 Lubbock, TX 79414 P: (806) 783-9944 F: (806) 783-9966 =140111:4Ylfi M A tract of land containing approximately 127.235-acres out of Section 2, Block AK, E.L.&R.R. R.R. Co. Survey, Lubbock County, Texas; BEGINNING at a point in the south right of way line of 146th Street and the west right of way line of University Avenue, said point being an angle point in Ordinance No. 2016-00054 April 28, 2016 of the City of Lubbock recorded in Instrument No. 2016017949 of the Official Public Records of Lubbock County (OPRLC), said point also being the NE corner of a tract conveyed to Violet McInnes recorded in Instr. No. 200306359 of the OPRLC, the same point being in the west boundary of the CR2200 (University Avenue) 40' right-of-way easement conveyed to Lubbock County in Vol. 522 Pg. 407 of the OPRLC, FROM which point the NE corner of said Section 2 bears S 88°12'12" E a distance of 40 feet. to a point in the east boundary of said Section 2, and N 01 °51'39" E a distance of 25.08' (record 25') to said NE corner of Section 2 having Texas Coordinate System (NAD 83 (2011)) North Central Zone (4202) Coordinates of North 7,231,217.68 and East 940,850.64 as recorded on the Bell Farms Lots 973-1003 Subdivision in Instrument No. 2019047533 OPRLC; THENCE S 01 °51'39" W common to the west boundary of the said CR2200 right-of-way easement and the west boundary of the City of Lubbock City Limit Line per Ordinance No. 2016-00054, and also being the east boundary of said McInnes tract passing the Southeast corner and also being the Northeast corner of a tract conveyed to Sandra Carlson and recorded in Instr. No. 200306360 of the OPRLC and continuing along the east boundary to a point being the south boundary of the Lubbock City Limits per said Ordinance No. 2016-00054 for a total distance of 635.00'; THENCE S 88012'12" E with said south City Limit Line to a point in said East line of Section 2 a distance of 40.00'; THENCE S 0105 F39" W along the common line of said East line of Section 2 and the West line of Section 21; a distance of 1,935.58' to a point being the Northeast corner of a tract conveyed to Judy Dunn Hunley in Instr. No. 2020038954 of the OPRLC; THENCE N 88008'21" W along a common line being the north boundary of said Hunley tract and a south line of a tract conveyed to Landshark Commercial Properties recorded in Inst. No. 20200040582 of the OPRLC a total distance of 237.38; THENCE S 02011'59" W along a common line between west line of said Hunley tract and an east line of said Landshark tract to a corner of said Landshark tract, also being the Southwest corner of said Hunley tract and the Northwest corner of a tract conveyed to Judy Dunn Hunley recorded in Vol 2334 Pg 30 of the OPRLC a distance of 44.00'; THENCE N 88013'23" W along a common line between a south line of said Landshark tract and the north line of a track conveyed to Timber Ridge Real Estate recorded in Instr. No. 2002021649 of the OPRLC to the Northwest corner of said Timber tract, also being the Northeast corner of the Timber Ridge Addition Lots 179-213 recorded in Instr. No. 2011037521 of the OPRLC and a corner of said Landshark tract a distance of 103.48'; THENCE S 01052'52" W along the common line being the east line of said Timber Ridge Subdivision and said Timber tract a distance of 20.00' to the extended south line of the 20' public alley recorded in said Timber Ridge Lots 179-213; Texas Registered Engineering Firm F-9992 Texas Licensed Survey Firm 10 193 863 Texas Licensed Asbestos Consultant Agency 100535 MSHA and OSHA Authorized Outreach Trainers HUB & DBE Certified Firm E N G I N E E R I N G CIVIL • ENVIRONMENTAL • SAFETY www.KZMeng.com 5012 501' Street, Suite 204 Lubbock, TX 79414 P: (806) 783-9944 F: (806) 783-9966 THENCE N 88013'23" W along the said south line of the 20' recorded public alley (specifically Lots 203, 202, 195, 194 185 and 184) a distance of 1956.07' to a point in the east line of Timber Ridge Addition Lots 1-178 recorded in Vol. 10089 Pg. 307 OPRLC; THENCE continuing with the south line of said 20' public alley passing a point in the west midsection line of said Section 2 in CR 2140 (Elgin Avenue) a distance of 340.01' and continuing to a point in the east line of Lot 104 of said Timber Ridge Addition Lots 1-178 and also being the west boundary line of CR 2140 recorded in said subdivision Timber Ridge Lots 1-179 a distance of 40.00' for a total distance of 2336.08; THENCE N 01048'57" E along the common line of said Timber Ridge Addition Lots 1-178 (specifically the east lines of Lots 104, 74, 73, 42, 41, 1 & 11) and the west boundary line of the said CR 2140 right- of-way a distance of 2,000.22'; THENCE S 88012' 12" E along the south boundary of said Lubbock City Limits to a point on the West line of the NE quarter of Section 2, Block A-K, EL&RR RR Survey in Volume 2622 Page 221 of the OPRLC and also being the West line of a 15 acre tract conveyed to Landshark Commercial Properties, LLC in Instr. No. 2021025404 OPRLC a distance of 40.00'; THENCE N 01 °48'57" E (record North) common to the West line of said NE quarter of Section 2 and common to the East ROW line of CR2140 as recorded in said Timber Ridge Lots 1-178 and the common West line of the said 15 acre Landshark tract and the said City Limit line a distance of 634.70' with the east right of way line of CR 2140 to a point in the south right of way line of 146th Street; THENCE S 88012' 12" E (record S 89055'55" E) 25.30' (record 25.00') offset and parallel to said North line of Section 2 and the common North line of said 15 acre Landshark tract and continuing along the North line a distance of 486.67' (record 487.47') to an iron pin found; THENCE S 01051'24" W (record South and parallel to the East line of said Section 2 common to the West line of a tract conveyed to Hurst in Instrument 2017011122 OPRLC and said 15 acre Landshark tract a distance of 1340.36' (record 1340.40') to a 3/4" iron pipe found for the SE corner of said 15 acre Sharkey tract; THENCE S 88012' 11" E continuing along the line common to the south boundaries of consecutively two (2) distinct and separate tracts: 1) a tract conveyed to Hurst in Instr. No. 2017011122 OPRLC a distance of 487.37' (record 487.47') to a found 1" iron pipe, 2) a tract conveyed to Stargel in Instr. No. 2014014111 OPRLC a distance of 401.10' (record 401.02') to a found 1" iron pipe, a total distance of 888.47' THENCE N 01051'39" E along the common line between the east line of said Stargel tract and the west line of a tract conveyed to Wyatt & Melissa Crawford recorded in Instr. No. 2019048656 of the OPRLC a distance of 705.61' to a point in the said south City Limit Line per said Ordinance No. 2016-00054; Texas Registered Engineering Firm F-9992 Texas Licensed Survey Firm 10 193 863 Texas Licensed Asbestos Consultant Agency 100535 MSHA and OSHA Authorized Outreach Trainers HUB & DBE Certified Firm E N G I N E E R I N G CIVIL • ENVIRONMENTAL SAFETY www.F,.Zmeng.com 5012 50" Street, Suite 204 Lubbock, TX 79414 P: (806) 783-9944 F: (806) 783-9966 THENCE S 88012'12" E into the interior of said Crawford tract and along the said south City Limit Line to a point being on the east line of said Crawford tract and being in the west line of a tract conveyed to Sandra K. Carlton recorded in Instr. No. 200306360 of the OPRLC a distance of 401.02'; THENCE N 01051'39" E along the City Limit Line per said Ordinance No. 2016-00054 being the common line of said Crawford tract and said Carlton tract passing the Northwest corner of said Carlton tract also being the Southwest corner of a said McInnes tract to the Northwest corner of said McInnes tract a total distance of 635.00' to a point in the south right of way line of 146`h Street; THENCE S 88012'12" E along a common line being the north line of said McInnes tract and being the south right-of-way line of 146`h Street (CR 7500) and the City limit Line per said Ordinance No. 2016- 00054 a distance of 823.02' to the point of beginning. June 7, 2021 0 - T � Q-Q...15TEj. N .......................... JERYL D. HART, JR. <.A9...1871 P.:Q Op Jeryl D. Hart, Jr. Off. 9'Lp`s�0 Registered Professional Land Surveyor No. 1871 State of Texas This document was prepared under 22TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Texas Registered Engineering Firm F-9992 Texas Licensed Survey Firm 10193863 Texas Licensed Asbestos Consultant Agency 100535 MSHA and OSHA Authorized Outreach Trainers HUB & DBE Certified Firm H UGO REED A N Q 1601 AVENUE N � LUBBOCK EXHIBIT "C" ASSOCIATES, INC. TEXAS 79401 1 806f763.56421 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100670.00 METES AND BOUNDS DESCRIPTION of a 185.01 acre portion of the tracts described under County Clerk File Number 2017035642, Official Public Records of Lubbock County, Texas, located in the East Half of Section 21, Block E, Abstract 434, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 21, Block E, Abstract 434, Lubbock County, Texas, at the Northeast corner of a 158.6 acre tract (Northwest Quarter of said Section 21) described under County Clerk File Number (CCFN) 2017015689 of the Official Public Records of Lubbock County, Texas (OPRLCT) and the Northwest corner of this tract, which is the Northwest corner of the Northeast Quarter of said Section 21; THENCE S. 88'27'49" E., along the North line of said Section 21, a distance of 998-60 feet to a point for the Northwest corner of a tract of land described under CCFN 2008034666, OPRLCT, and the most Northerly Northeast corner of this tract; THENCE S. 01048'10" W., along the Western boundary of said tract of land, a distance of 335.00 feet to a point for the Southwest corner of said 1.4 acre tract and an "ell" corner of this tract, - THENCE S. 88°27'49" E., along the Southern boundary of various tracts, a distance of 1547.51 feet to a point for the most Easterly Northeast corner of this tract, said point being situated 70 feet West of the East line of said Section 21; THENCE S. 01048'10" W., along a line 70 feet West of and parallel to the East line of said Section 21, a distance of 3022.00 feet to a point in the North line of a 20 foot alley dedicated by plat recorded under CCFN 2015035373, OPRLCT; THENCE N. 88'11'50" W. along the North line of said 20 foot alley, a distance of 1283.04 feet to a point; THENCE N. 43'11'50" W., continuing along the North line of said 20 foot alley, a distance of 14.14 feet to a point THENCE N. 88'11'50" W., continuing along the North line of said 20 foot alley, a distance of 52.00 feet to a point THENCE S. 46'48'10" W., continuing along the North line of said 20 foot alley, a distance of 14.14 feet to a point THENCE N. 88011'50" W., continuing along the North line of said 20 foot alley, a distance of 1150.80 feet to a point for the most Southerly Southwest corner of this tract; THENCE N. 43010'57" W., continuing along the North line of said 20 foot alley, a distance of 14.14 feet to a point in the East right-of-way line of County Road 2240, dedicated by plat recorded under CCFN 2015035373, OPRLCT; THENCE N. 88'11'50" W., along the North right-of-way line of said County Road 2240, a distance of 32.00 feet to a point in the West line of the East Half of said Section 21 for the most Westerly Southwest corner of this tract; Page 1 of 2 THENCE N. 01°49'57" E., along the West line of the East Half of said Section 21, at 695.26 feet pass the Northwest corner of the Southeast Quarter and the Southwest corner of the Northeast Quarter of said Section 21, continuing for a total distance of 3335.16 feet to the Point of Beginning. Contains: 185.01 acres Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zane, (2011, epoch 2010.0). May 14, 2021 June 24, 2021 — Revised to change exhibit number f y lr d `L ✓ n parp,ap.�,.a.or�5�m.Kv¢v-+ Asa. 5410 +" Brent Carroll Registered Professional 5U Land Surveyor No. 5410 State of Texas This document was prepared under 22 TA §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Page 2 of 2 HUGO REE4 AND ASSOCIATES, INC. -- 1601 AVENUE N I LUBBOCK. TEXAS 79401 1 U061763-56421 FAX 806f763.3891 _ F TEXAS REGISTERED ENGINEERING FIRM F-760 N TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "D" METES AND BOUNDS DESCRIPTION of a 15.290 acre tract out of a 158-6 acre tract described under County Clerk File Number 2017015689, Official Public Records of Lubbock County, Texas, located in the Northwest Quarter of Section 21, Block E, Waxahachie Tap Railroad Co. Survey, Abstract No. 434, Lubbock County, Texas, Being further described as follows: BEGINNING at a point in the South line of the Northwest Quarter of Section 21, Block E, Waxahachie Tap Railroad Co. Survey, Abstract No. 434, Lubbock County, Texas, and the Southern boundary of a 158.6 acre tract described under County Clerk File Number (CCFN) 2017015689, Official Public Records of Lubbock County, Texas (OPRLCT) for the Southwest corner of this tract, which bears S. 88°27'52" E. a distance of 895.00 feet from the Southwest corner of the Northwest Quarter of said Section 21; THENCE N. 01 °32'08" E. a distance of 679.00 feet to a point for the most Westerly Northwest corner of this tract; THENCE N. 46032'08" E. a distance of 21.21 feet to a point for the most Northerly Northwest corner of this tract; THENCE S. 88027'52" E. a distance of 930.00 feet to a point for the most Northerly Northeast corner of this tract; THENCE S- 43027'52" E- a distance of 21.21 feet to a point for the most Easterly Northeast corner of this tract; THENCE S- 01 °32'08" W- a distance of 679.00 feet to a point in the South line of the Northwest Quarter of said Section 21, and the Southern boundary of said 158.6 acre tract for the Southeast corner of this tract, from whence the Southeast corner of the Northwest Quarter of said Section 21 bears S. 88'27'52" E. a distance of 762.56 feet; THENCE N- 88'27'52" W-, along the South line of the Northwest Quarter of said Section 21 and the Southern boundary of said 158.6 acre tract, a distance of 960.00 feet to the Point of Beginning. Contains: 15.290 acres Bearings are relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0). Distances are Surface, U.S. Survey Feet. January 21, 2021 June 24, 2021 — Revised to change exhibit number OfD' Z-- 7 n�e� Brent Carroll Registered Professional Land Surveyor No. 5410 State of Texas This document was prepared under 22 TRC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.