HomeMy WebLinkAboutResolution - 2018-R0151 - Chapter 43 For 1450 Acres - 04/26/2018Resolution No. 2018-R0151
Item No. 7.6
April 26, 2018
RESOLUTION
WHEREAS, the City Council of the City of Lubbock has instituted annexation
proceedings for all parcels of land located within an area proposed of approximately one
thousand four hundred fifty (1,450) acres of land adjacent to the western city limits of the
City of Lubbock within an area south of 34th Street, north of Marsha Sharp Freeway, and
west of Upland Avenue; and
WHEREAS, pursuant to Chapter 43 of the Texas Local Government Code, the City
Council held public hearings regarding the proposed annexation on March 8 and March 22,
2018; and
WHEREAS, the City presented a service plan for the area proposed to be annexed at the
public hearings, and property owners from the proposed area to be annexed that were
present at the public hearings were given the opportunity to be heard by the City Council;
and
WHEREAS, pursuant to Chapter 43.016 of the Texas Local Government Code, the City,
on or about March 20, 2018, has made an offer to enter into a Development Agreement in
Lieu of Annexation for a term of years with every property owner that has land within the
area proposed to be annexed by the City that is subject to an agricultural tax exemption as
determined by the Lubbock Central Appraisal District; and
WHEREAS, certain property owners have accepted the terms of the Development
Agreements sent to them, and the City Council desires to approve those accepted
Agreements prior to taking final action on the annexation otherwise concerning the
property; NOW, THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
Section 1. THAT the City Council does hereby finally approve of, and authorize and
direct the Mayor to execute, all agreements having been proffered by the City of Lubbock,
pursuant to Chapter 43 of the Texas Local Government Code, to, and timely executed by,
owners of eligible agricultural land located within the area described in Ordinance No.
2018-00049, further described generally as approximately one thousand four hundred fifty
(1,450) acres of land adjacent to the western city limits of the City of Lubbock within an
area south of 341h Street, north of Marsha Sharp Freeway, and west of Upland Avenue, and
copies of which executed agreements are attached hereto and made a part hereof for all
purposes; and
Section 2. THAT the authorization contained herein shall be effective only upon the
affirmative vote of the City Council to annex that area containing the property subject to an
agreement in lieu of annexation.
Section 3. THAT the property descriptions set forth in each of the Development
Agreements attached hereto, and executed pursuant to the authority granted hereby, shall be
incorporated by the City Secretary into Exhibit "C" of Ordinance No. 2018-00049,
excepting that property from the annexation effectuated by said ordinance.
Passed by the City Council on April 26, 2018
1'
DANIEL M. POPE, MAYOR
ATTEST:
Q 0&4' — - &
Rebe ca Garza, City SeCrC try
APPROVED AS TO CONTENT:
of Development Services.
APPROVED AS TO FORM:
n
Justi ruitt, s istant City Attorn y
ccdocs/RES. Adoption —Ch. 43 Agricultund Annexation Exemption Agreemcnta—Arta r.
April 18, 2018
City of Lubbock
-Office Pick Up
Resolution No. 2018-RO151
2M824127 17 PGS AGREE
mill IRA M IN IkWN1WWW4111i 11111
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED OF RECORD IN THE
REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CITY OF LUBBOCK
DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION
THIS DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION (the "Agreement") is
made by and between the City of Lubbock, Texas, a State of Texas, Tier 1 home rule municipal
corporation (the "City"), and the undersigned property owner(s) (the "Owner"), [the tern "Owner"
includes all owners of the property that is the subject of this Agreement; and, the City and the
Owner each being a "Party" and collectively the "Parties"], and this Agreement is entered into by
the Parties pursuant to Section 212.172 of the Texas Local Government Code to satisfy the
conditions required under Section 43.016 of the Texas Local Government Code and is made
effective on April 26 , 2018 (the "Effective Date").
RECITALS
WHEREAS, the Owner owns a parcel of real property (the "Property") in Lubbock County,
Texas, which is more particularly depicted and described in the attached "Exhibit B"; and
WHEREAS, the City has instituted annexation proceedings for all or portions of the Property and
held public hearings regarding the proposed annexation on March 8 and March 22, 2018; and
WHEREAS, at the public hearings, a service plan for the Property was made available to the
Owner and the Owner was given the opportunity to be heard by the City Council of the City; and
WHEREAS, the Owner does not want any portion of the Property to be annexed and desires to
have the Property remain in the City's extraterritorial jurisdiction (the "ETJ"), in consideration for
which the Owner agrees to enter into this Agreement; and
WHEREAS, it is the City's intention to allow the Owner to continue to use the Property as it is
being used at the time of this Agreement; and
WHEREAS, the Parties acknowledge that this Agreement is binding upon the City and the Owner
and their respective successors and assigns for the duration of this Agreement; and
WHEREAS, this Agreement is to be recorded in the real property records of Lubbock County,
Texas; and
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the
Parties agree as follows:
AGREEMENT
Section 1— The Property: Current Status.
The City acknowledges that the Property, more particularly depicted and described in the attached
"Exhibit B," is located within the ETJ of the City, is subject to an Agricultural Use tax exemption
according to the most recent Lubbock Central Appraisal District's ad valorem tax appraisal, and
Development Agreement In Lieu Of Annexation - 2019 Page 1
is included in the area noticed for annexation by the City unless this Agreement is signed by the
Owner and approved by the City Council of the City.
Section 2 — The Property: Continued Status.
a. In lieu of annexation, the Owner desires that the Property remain in the ETJ of the City for the
duration of this Agreement. The Owner agrees that the primary use of the Property shall continue
to be agricultural, consistent with Chapter 23 of the Texas Tax Code, except for any existing single-
family residential use on the Property that supports the primary agricultural use. If the City
proceeds with the annexation of the Property, then the Owner's use of the Property at the time of
this Agreement is "grandfathered" into the acceptable uses of the City, and the City is prohibited
from interfering with any uses on the Property that comply with Section 43.002 of the Texas Local
Government Code.
b. Unless otherwise provided in this Agreement, throughout the duration of this Agreement, the
City shall not annex the Property, shall not institute proceedings to involuntarily annex the
Property, and shall not include the Property in a statutory annexation plan. The Owner
acknowledges that unless the Property is annexed by the City, the Property shall remain ineligible
to receive City services, the Property shall continue to be excluded from the City's voting
precincts, and the Property shall remain exempt from City property taxes for the duration of this
Agreement.
c. The Owner acknowledges that Section 22.03.091(a) of the Code of Ordinances of the City
prohibits the City from providing water to any entity outside of the city limits, and acknowledges
that the City will not be providing water to the Property unless the Property is annexed into the
City. Pursuant to Section 43.016(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the primary use of the Property for agriculture in the same manner that the
regulations are enforced within the City's boundaries. The City specifically reserves its authority
pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over
property that is subject to a development agreement. Further, the City reserves its regulatory and
planning authority in the ETJ, as such authority has been granted to it by the City Council.
Section 3 — The Property: Change in Status.
a. The Owner warrants that the Property will continue to be used primarily for agriculture. The
Owner agrees not to develop any portion of the Property for any other purpose than agriculture,
and the Owner agrees not to file any type of subdivision plat or related development document for
the Property with Lubbock County or the City throughout the duration of this Agreement.
b. The Owner acknowledges that if any plat or related development document is filed for the
Property, or if the Owner commences any development of the Property other than that which
supports or promotes the agricultural use of the Property, then the exemption offered in this
Agreement shall terminate, and in addition to the City's other remedies, such act will constitute a
request for voluntary annexation by the Owner, and the Property will be subject to annexation at
the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and
the Owner hereby consents to such annexation as though a development agreement under Chapter
212.172 of the Texas Local Government Code for such annexation had been tendered by the Owner
Development Agreement In Lieu of Annexation - 2018 Page 2
to the City. If the Property is annexed pursuant to a provision of this Agreement, then the City shall
provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code.
c. If annexation proceedings begin pursuant to this Section, then the Owner acknowledges that this
Agreement serves as an exception to Section 43.052 of the Local Government Code, requiring a
municipality to use certain statutory procedures under an annexation plan, and as an exception to
requiring certain statutory procedures as to the Owner to effectuate an annexation. Further, the
Owner hereby waives any and all vested rights and claims that it may have under Section
43.002(a)(2) of the Local Government Code and Chapter 245 of the Texas Local Government
Code that would otherwise exist by virtue of any plat or construction the Owner may initiate during
the time between the expiration of this Agreement and the institution of annexation proceedings
by the City.
Section 4 — The Term.
The term of this Agreement (the "Term") shall be five (5) years from the date that this Agreement
is approved by the City Council of the City of Lubbock, unless terminated earlier according to the
provisions contained in this Agreement. Until this Agreement is terminated, this Agreement shall
run with the land and be recorded in the real property records of Lubbock County, Texas.
Section 5 — Termination.
This Agreement will automatically terminate at the end of the Term. This Agreement shall
terminate upon the development non -agriculture of the Property for any use other than agriculture,
upon the filing of any plat or related development document with the City or with Lubbock County,
upon the Lubbock County Appraisal District's removal of the agricultural exemption on the
Property, or upon the Owner's failure to prove that it is the sole owner of the Property with the
authority to sign this Agreement. The Parties may agree in writing to terminate this Agreement
prior to the expiration of the Term of this Agreement.
Section 6 — City Council Approval Required.
If the City Council of the City of Lubbock does not affirmatively vote to annex an area that contains
at least a portion of the Property, then this Agreement will be null and void in its entirety.
Section 7 — Notification.
a. Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Further, the Owner and the Owner's
heirs, successors, and assigns shall give the City written notice within fourteen (14) days of any
change in the agricultural exemption status of the Property. Failure to provide notice as required
in this subsection will constitute a failure of the Owner to prove its ownership of the Property, and
will be grounds for the termination of this Agreement under Section 5 of this Agreement.
b. A copy of any notice required by this section shall be forwarded to the City at the following
address:
City of Lubbock With copy to: City of Lubbock
Attn: City Secretary Attn: Director of Development Services
P.O. Box 2000 P.O. Box 2000
Lubbock, Texas 79457 Lubbock, Texas 79457
Development Agreement In lieu Of Annexation - 2018 Page 3
Section 8 — Waiver.
Any failure by the Owner or the City to insist upon strict performance by either Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Owner or the
City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Parties waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by the Owner or the City of any provision of this
Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is
in any way intended to constitute a waiver by any Party of any immunity from suit or liability that
it may have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership.
The Owner hereby expressly affirms that it is the sole owner of the Property and that no other
person or entity has a valid claim to any right, title, or ownership in the Property. Should any
dispute of right, title, or ownership concerning the Property arise subsequent to the Owner's
execution of this Agreement, then the Owner hereby agrees to be solely responsible for defending
and confirming its absolute right, title, and ownership to the Property. If the Owner cannot defend
or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate
subject to Section 5 of this Agreement.
Section 10 — Governing Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Texas. All obligations of the Owner and the City under
this Agreement are performable in Lubbock County, Texas. Venue for any action to enforce or
construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and
regulations of any local, state, or federal governmental authority, having or asserting jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver by the Owner or the
City of any right to question or contest any law, order, rule, or regulation which may affect the
terms and conditions of this Agreement in any forum having jurisdiction, and the Owner and the
City each agree to make a good faith effort to support all proposed laws and regulations which
would be consistent with the performance of this Agreement in accordance with its terms. No
subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the Property pursuant to this Agreement.
Section 11— Remedy.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
Development Agreement In Lieu Of Annexation • 2018 Page 4
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the performance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description,
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement In lieu Of Annexation - 2018 Page 5
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, covering the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21 — Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the term of the Agreement. Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on AI! WC. �(M . 2018.
For the City:
��Jv
DANIEL M. POPE, MAYOR
SIGNATURES
For the Owner:
(Additional Omnen'sign the attached' Exhibit A'7
r
coi.Ei" L+w I�u�
OWNER'S SIGNATURE
SNITi / i"'," X'C', F,
OWNER'S PRINTED NAME
Development Ag,eement In Lieu Of Annexation - 2018 Page 6
ATTEST:
Rebe a Garza, City Seore
APPROVED AS TO CONTENT:
Steven O'Nea , irector of Development Services
APPROVED AS TO FORM:
a �
Jus ' Pmi , A sistant City Attorney
Development Agreement in ❑eu Of Annexation - 2018 Page
NOTARIZATION
State of Texas §
County of Lubbock § rx� p
This
rinstrument
-was executed before me on 15 ire 2018, by
ywt \'e.1 of the City of Lubbock, a Texas municipal corporation, on behalf of said
mu
corporation.
ELIZABETII MERCADD
• Noary Poblio. Slate of Tares
NaaryIDb II,J@�.3
Notary lic 1NCuTmir`von Exprest6072920
State of Texas §
County of Lubbock § ^
This instrument was executed before me on 2018, by ,
� , W660k,� ��fj PALM
w JENNIFEA SOWDECLEPJEMS
Nota ublic , Notary Pg6lic'Sute ofTeus
Notary IDY 1249796& o anon
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 1311 Street
Lubbock, Texas 79401
Development Agreement In lieu WAnnexation 4028 Page 8
EXHIBIT A — ADDITIONAL OWNER SIGNATURES
All signatures listed in this Exhibit must be accompanied by Notarization
Owner Name — Printed
Owner Name — Signature
Development Agreement In lieu Of Annexation - 2018 Page 9
Chapter 43 Agreement for Annexation No. 2018-00049
3/13/2018 Public Access > Property Detail
Property Owner Property Address 2017 Assessed Value
R53088 BROCKOPP SHIRLEY ANN PRICE 79407 $4,447
i
2018 GENERAL INFORMATION 2017 VALUE INFORMATION
Property Status Active
Property Type Agricultural land
Legal Description BLKAKSEC34AS1385W/PTOFTRE:12.89
Neighborhood 1100 - Frenship Isd
Account AC12034-91385-61000-WO
Related Properties R153791
Map Number 113
2018 OWNER INFORMATION
Owner Name BROCKOPP SHIRLEY ANN PRICE
Owner ID 00241S77
Exemptions Agriculture Use
Percent Ownership 10D%
Malling Address 6506 UPLAND AVE LUBBOCK, TX 79407
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG-AgrlcultureUse
Improvement Homesite Value $0
Improvement Non-Homesite $0
-- - --- - — value ---
Total Improvement Market Value $0
Land Homesite value $0
Land Non-Homesite Value $0
___LaqqAgEicultural Market Value $29,389
Total Land Market Value $29,389
Total Market Value $29,389
Agricultural Use $4,447
Total Appraised Value $0
HomesteadCoLoss �$0
Total Assessed Value $4,447
TAXING ENTITY EXEMPTIONS
EXEMPTIONS AMOUNT
TAXABLE VALUE !
TAX RATE PER 100
I TAX CEILING
GLB- Lubbock County
$0
$4,447
0.358158
0
I HSP- Lubb Cnty Hospital
$0
$4,447
0.109778
0
SFR- Frenship ISD
$0
$4,447
1.49
0 j
WHP- Hi Plains Water
$0
$4,447
0.0069
0
TOTALS
1.964836
2017 LAND SEGMENTS
LAND SEGMENT
STATE CODE
j HOMESITE MARKET
AG USE
LAND SIZE
_TYPE
VALUE
'__LOSS
1 -Dry Crop
01 - Real: Qualified Open -space
Land
No $22,549
$3,857 9.890000 acres
2 - Dry Crop
DenReal: Qualified Open -space
No $4,560
$585 2.000000 acres j
D1 - Real: Qualified Open-s ace
3 - Dry Crop
Land p No $2,280
$5 1.000000 acres
TOTALS
561 A88 Sq. ft / 12.890000
acres
VALUE HISTORY
YEAR I IMPROVEMENT j LAND
MARKET T AG MARKET AG LOSS
APPRAISED HS CAP LOSS 1 ASSESSED
2016
$0 $0
$0 $29,389 $S,245
$5,24S $0 $5,245
SALES HISTORY
DEED DATE ?
--------
SELLER
- - - --
BUYER
_
INSTR #
VOLUME/PAGE
7/20/2015
AUSTIN, PEGGYJOYCE
BROCKOPP SHIRLEY ANN PRICE
2015-25858
6/15/1990
AUSTIN, PEGGY
AUSTIN, PEG GYJOYCE
1990.16745 3368/98
6/14/1990
UNKNOWN
AUSTIN, PEGGY
1990-16748 3368/107
DISCLAIMER
EvQry effort has been Rticle tD c Flf tI)e f ,C 11 o )d f is rQ_'C, I SI fCr1T1dt,U I l p ,I1,k., GI' 7� r'riUCCr1 Cn
tllha; t)eetl (UtIII)IIec t)' I d '.'ariety of Sowces. Jrd I,',jI 'Ct tC CI .lr t,C ;:it�lr_y-tt �rih[,.' T'iE` LUI)k,'I•
http:/Aubbockood.org/Property-Detall4Property0ulckReflD=R53088&Party0ulckReflD=00241577
1 /2
3/13/2018
Public Access > Property Detail
Central Appraisal District makes no warranties or representations vvhatsoever regardin'the quality, content, completeness,
accuracy or adequacy of such information and data. The Lubbock Central Appraisal District reserves tiro right to make changes at
any time without notice. Original records may differ from the information on these pages. Verification of information on source
documents is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
including but not limited to risks of damage to your computer, peripherals, software and data front any virus, software, file or other
Cause associated with access to this application. The Lubbock Central Appraisal Di tricz shall not be Gable for any daina,-;es
whatsoever arising out of any cause relating to use of this application, including but not limited to ntistaes, emissions, deletions,
errors, or defects in any information contained in these paves, or any failure to receive or delay in receiving information said or
implied.
httplltubbockead.org/Property-Detail?Property0ulckReflD=R53088&Party0ulckReflD=O0241577 212
264176'
TR D
20,405 AC
'N 1
2.. ACC
— .� - _ re.7
ue,ue
o»nr xeml fieaxovv snisLnnnx
wu
rx
e sl sort uW asowrerr
SA
Rl-
pr„`I- new o
i r.. omw acu.srxKsv,w.v
1492.7
14
M 6.1,/YI►.e� /'W`�`'�{f � a� i���� � DEED 20ISM58
a-go(A��-- 2 RCS
L66606141
STATE OF TEXAS §
COUNTY OF LUBBOCK §
EXECUTRIX'S DISTRIBUTION DEED
NOTICE OF CONFIDENTIALITY RIGIITS:IFVol IAREA NATURAL PERSON. YOU MAY RE61OVE OR STRIKE ANY
OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SFCtIRrrV NUMBER OR YOUR DRIVER'S t It ENSE NUMBER.
WHEREAS, PEGGY JOYCE PRICE AUSTIN, a resident of Lubbock, Lubbock County,
Texas, died on April 29, 2015, leaving a Will, which has been duly probated in Lubbock County,
Texas, in Cause No. 2015-778,919, in the County Court of Lubbock County, Texas, and the
undersigned, SHIRLEY ANN PRICE BROCKOPP, of 6506 Upland Ave., Lubbock, Texas 79407,
has qualified and is acting as Independent Executrix under the terms of the Last Will and Testament
of PEGGY JOYCE PRICE AUSTIN, Deceased; and
WHEREAS, pursuant to the terms ofthe Last Will and Testament ofPEGGY JOYCE PRICE
AUSTIN, Deceased, the said Executrix desires to distribute certain real property of the Estate of
PEGGY JOYCE PRICE AUSTIN to the Beneficiaries under the Last Will and Testament of said
Deceased;
NOW, THEREFORE. KNOW ALI_ MEN BY THESE PRESENTS, that the undersigned,
SHIRLEY ANN PRICE BROCKOPP, Independent Executrix under the Will of PEGGY JOYCE
PRICE AUSTIN, Deceased, has granted and conveyed and by these presents does grant and convey
all of the interest of PEGGY JOYCE PRICE AUSTIN in the following described property to
SHIRLEY ANN PRICE BROCKOPP, of 6506 Upland Ave., Lubbock, Texas 79407:
An undivided one-half ('V..) interest in 6.863 cre tract, more or less, out of the Scutheast-
quarter. (SE.14) of Section 34, Block AK, Georgetown ailway Company Survey. Lubbock, Lubbock
County, Texas, being described by metes and bounds as follows:
BEGINNING at a point in the South line of said Section 34, at a point which bears 2152.70 feet
West of the Southeast corner of Section 34, for the Southwest comer of this tract;
THENCE North 377.14 feet to a paim for tile'NorLhwe'st comer Of this tract;
THENCE East 1947.79 feet to a point for the Nonheast comer of this tract;
THENCE South 377.14 feet to a point for the Southeast corner of this tract;
THENCE West 1947.79 feet to the PLACE OF BEGINNING, containing 16.863 acres, more or less.
This conveyance is made and accepted subject to any and all restrictions, conditions.
covenants, easements, right-of-ways, and outstanding reservations of oil, gas, and mineral interests,
if any. relating to the herein d6cribcd property to the extent. and only to the extent that the same may
still he in force and effect, shown in the official real property records of Lilbbock County. Texas.
TO HAVE AND TO HOLD the above described property unto the said SHIRLEY ANN
PRICE BROCKOPP as beneficiary under the Will of the above named Deceased Testatrix.
C thlyFdes 7.1.151(.'hn1.2015NProbateUxitaslAutun. Pcm\Fxrudrvc Deed W Shulry wpd
.:I.N•
SHIRLEY ANN PRICE BROCKOPP, Independent Executrix of the Estate of PEGGY
JOYCE PRICE AUSTIN, Deceased, makgs the above described conveyance of property to
SHIRLEY ANN PRICE BROCKOPP dnderthe Last will and Testament of PEGGY JOYCE PRICE
AUSTIN. Deceased, without express or implied warranty and all warranties that might arise by
common law and the warranties in Section 5.02 of the Teams Property Code (or its successor) are
excluded.
In no event shall SHIRLEY ANN PRICE BROCKOPP, individually, as distinguished from
her fiduciary capacity as Independent Executrix of the Estate of PEGGY JOYCE PRICE AUSTIN,
Deceased, ever be held liable on any agreement or indemnity or warranty of title, either expressed
or implied, by virtue of the terms and provisions of this Independent Executrix's Deed.
DATED this day of ,.• 2015.
ESTATE OF PEGGY JOYCE PRICE AUSTIN
BY�aL !��,�� �.
SHIRLE ANN PRICE BROCKOpP, as Independent
Executrix of the Estate of Peggy Joyce Price Austin,
Deceased
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on the Zl day of
2015, by Shirley Ann Price Brockopp, in the capacity of Independent E2#Wfix 6f the Estate of
Peggy Joyce Price Austin, Deceased.
(SEAL 00� ;12-2901
Notary Public, State of Texas
E 4
FILED AND RECORDED
I
;�
OFFICIAL PUBLIC RECORDS
4411,Aicio
Kelly Pinson, County Clerk
Lubbock County Tam
July 20. 2elg 08:33:06 AM
F&E• sm go 20150=6
C W11" 7-1.1 S1Ch A-201 %PMbWUxRaslAvstm PesxAfta trnc Dad to Shuky wpd
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXAS
08/27/2018 04:49 PM
2018024127
City of Lubbock
Office Pick Up
Resolution No. 2018-RO151
2018024128 24 PGS AGREE
mill 11r., Ole Iftwim I lip, wraffli 11111
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED OF RECORD IN THE
REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CITY OF LUBBOCK
DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION
THIS DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION (the "Agreement") is
made by and between the City of Lubbock, Texas, a State of Texas, Tier 1 home rule municipal
corporation (the "City"), and the undersigned property owner(s) (the "Owner"), [the term "Owner"
includes all owners of the property that is the subject of this Agreement; and, the City and the
Owner each being a "Party" and collectively the "Parties"], and this Agreement is entered into by
the Parties pursuant to Section 212.172 of the Texas Local Government Code to satisfy the
conditions required under Section 43.016 of the Texas Local Government Code and is made
effective on Anril ?6 , 2018 (the "Effective Date").
RECITALS
WHEREAS, the Owner owns a parcel of real property (the "Property") in Lubbock County,
Texas, which is more particularly depicted and described in the attached "Exhibit B' ; and
WHEREAS, the City has instituted annexation proceedings for all or portions of the Property and
held public hearings regarding the proposed annexation on March 8 and March 22, 2018; and
WHEREAS, at the public hearings, a service plan for the Property was made available to the
Owner and the Owner was given the opportunity to be heard by the City Council of the City; and
WHEREAS, the Owner does not want any portion of the Property to be annexed and desires to
have the Property remain in the City's extraterritorial jurisdiction (the "ETJ"), in consideration for
which the Owner agrees to enter into this Agreement; and
WHEREAS, it is the City's intention to allow the Owner to continue to use the Property as it is
being used at the time of this Agreement; and
WHEREAS, the Parties acknowledge that this Agreement is binding upon the City and the Owner
and their respective successors and assigns for the duration of this Agreement; and
WHEREAS, this Agreement is to be recorded in the real property records of Lubbock County,
Texas; and
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the
Parties agree as follows:
AGREEMENT
Section 1— The Property: Current Status.
The City acknowledges that the Property, more particularly depicted and described in the attached
"Exhibit B," is located within the ETJ of the City, is subject to an Agricultural Use tax exemption
according to the most recent Lubbock Central Appraisal District's ad valorem tax appraisal, and
Development Agreement In Lieu Of Annexation - 2018 Page 1
is included in the area noticed for annexation by the City unless this Agreement is signed by the
Owner and approved by the City Council of the City.
Section 2 — The Property: Continued Status.
a. In lieu of annexation, the Owner desires that the Property remain in the ETJ of the City for the
duration of this Agreement. The Owner agrees that the primary use of the Property shall continue
to be agricultural, consistent with Chapter 23 of the Texas Tax Code, except for any existing single-
family residential use on the Property that supports the primary agricultural use. If the City
proceeds with the annexation of the Property, then the Owner's use of the Property at the time of
this Agreement is "grandfathered" into the acceptable uses of the City, and the City is prohibited
from interfering with any uses on the Property that comply with Section 43.002 of the Texas Local
Government Code.
b. Unless otherwise provided in this Agreement, throughout the duration of this Agreement, the
City shall not annex the Property, shall not institute proceedings to involuntarily annex the
Property, and shall not include the Property in a statutory annexation plan. The Owner
acknowledges that unless the Property is annexed by the City, the Property shall remain ineligible
to receive City services, the Property shall continue to be excluded from the City's voting
precincts, and the Property shall remain exempt from City property taxes for the duration of this
Agreement.
c. The Owner acknowledges that Section 22.03.091(a) of the Code of Ordinances of the City
prohibits the City from providing water to any entity outside of the city limits, and acknowledges
that the City will not be providing water to the Property unless the Property is annexed into the
City. Pursuant to Section 43.016(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the primary use of the Property for agriculture in the same manner that the
regulations are enforced within the City's boundaries. The City specifically reserves its authority
pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over
property that is subject to a development agreement. Further, the City reserves its regulatory and
planning authority in the ETJ, as such authority has been granted to it by the City Council.
Section 3 — The Property: Change in Status.
a. The Owner warrants that the Property will continue to be used primarily for agriculture. The
Owner agrees not to develop any portion of the Property for any other purpose than agriculture,
and the Owner agrees not to file any type of subdivision plat or related development document for
the Property with Lubbock County or the City throughout the duration of this Agreement.
b. The Owner acknowledges that if any plat or related development document is filed for the
Property, or if the Owner commences any development of the Property other than that which
supports or promotes the agricultural use of the Property, then the exemption offered in this
Agreement shall terminate, and in addition to the City's other remedies, such act will constitute a
request for voluntary annexation by the Owner, and the Property will be subject to annexation at
the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and
the Owner hereby consents to such annexation as though a development agreement under Chapter
212.172 of the Texas Local Government Code for such annexation had been tendered by the Owner
Development Agreement In Lieu Of Annexation - 2018 page 2
to the City. If the Property is annexed pursuant to a provision of this Agreement, then the City shall
provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code.
c. If annexation proceedings begin pursuant to this Section, then the Owner acknowledges that this
Agreement serves as an exception to Section 43.052 of the Local Government Code, requiring a
municipality to use certain statutory procedures under an annexation plan, and as an exception to
requiring certain statutory procedures as to the Owner to effectuate an annexation. Further, the
Owner hereby waives any and all vested rights and claims that it may have under Section
43.002(a)(2) of the Local Government Code and Chapter 245 of the Texas Local Government
Code that would otherwise exist by virtue of any plat or construction the Owner may initiate during
the time between the expiration of this Agreement and the institution of annexation proceedings
by the City.
Section 4 — The Term.
The term of this Agreement (the "Term") shall be five (5) years from the date that this Agreement
is approved by the City Council of the City of Lubbock, unless terminated earlier according to the
provisions contained in this Agreement. Until this Agreement is terminated, this Agreement shall
run with the land and be recorded in the real property records of Lubbock County, Texas.
Section 5 — Termination.
This Agreement will automatically terminate at the end of the Term. This Agreement shall
terminate upon the development non -agriculture of the Property for any use other than agriculture,
upon the filing of any plat or related development document with the City or with Lubbock County,
upon the Lubbock County Appraisal District's removal of the agricultural exemption on the
Property, or upon the Owner's failure to prove that it is the sole owner of the Property with the
authority to sign this Agreement. The Parties may agree in writing to terminate this Agreement
prior to the expiration of the Term of this Agreement.
Section 6 — City Council Approval Required.
If the City Council of the City of Lubbock does not affirmatively vote to annex an area that contains
at least a portion of the Property, then this Agreement will be null and void in its entirety.
Section 7 — Notification.
a. Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Further, the Owner and the Owner's
heirs, successors, and assigns shall give the City written notice within fourteen (14) days of any
change in the agricultural exemption status of the Property. Failure to provide notice as required
in this subsection will constitute a failure of the Owner to prove its ownership of the Property, and
will be grounds for the termination of this Agreement under Section 5 of this Agreement.
b. A copy of any notice required by this section shall be forwarded to the City at the following
address:
City of Lubbock With copy to: City of Lubbock
Attn: City Secretary Attn: Director of Development Services
P.O. Box 2000 P.O. Box 2000
Lubbock, Texas 79457 Lubbock, Texas 79457
Development Agreement In lieu Of Annexation - 2018 Page 3
Section 8 — Waiver.
Any failure by the Owner or the City to insist upon strict perfonnance by either Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Owner or the
City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Parties waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by the Owner or the City of any provision of this
Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is
in any way intended to constitute a waiver by any Party of any immunity from suit or liability that
it may have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership.
The Owner hereby expressly affirms that it is the sole owner of the Property and that no other
person or entity has a valid claim to any right, title, or ownership in the Property. Should any
dispute of right, title, or ownership concerning the Property arise subsequent to the Owner's
execution of this Agreement, then the Owner hereby agrees to be solely responsible for defending
and confirming its absolute right, title, and ownership to the Property. If the Owner cannot defend
or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate
subject to Section 5 of this Agreement.
Section 10 — Governing Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Texas. All obligations of the Owner and the City under
this Agreement are performable in Lubbock County, Texas. Venue for any action to enforce or
construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and
regulations of any local, state, or federal governmental authority, having or asserting jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver by the Owner or the
City of any right to question or contest any law, order, rule, or regulation which may affect the
terms and conditions of this Agreement in any forum having jurisdiction, and the Owner and the
City each agree to make a good faith effort to support all proposed laws and regulations which
would be consistent with the performance of this Agreement in accordance with its terms. No
subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the Property pursuant to this Agreement.
Section 11— Remedy:
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
Development Agreement In lieu Of Annexation - 2018 Page 4
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the perfonnance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement In lieu Of Annexation - 2038 Page 5
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, covering the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21— Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the term of the Agreement. Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on _J9,dr-1 ) 17 .2018.
For the City:
L1�
DANIEL M. POPE, MA1
SIGNATURES
For the Owner:
/Addidanal Owners .sign the punched uErdihir A"1
ilszWreA
.JeAAn1 P -?,o t er3$Yl
OWNER'S PRINTED NAME
Development Agreement In Lieu Of Annexation - 2018 Pate 6
ATTEST:
RebutGana, City. Secrctan
APPROVED AS TO CONTENT:
Steven O'Neal, Director of Development Services
APPROVED AS TO FORM:
Justin P it Assis ant City Attorney
Development Agreement m mou or annexation - 2016
Page
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument was executed before me on 2018, by ,
of the City of Lubbock, a Texas municipal corporation, on behalf of said
corporation.
4N,t,,ylie
State of Texas §
County of Lubbock §
JENNIFERSOWDERCLEMENTS
Notary Public, Slate of Tens
�J Notary IN 124970 00.3
My Commissar Evprtes0&202M
This instrument was executed before me on Aoril 1 2018, by trP
on behalf of said Owne5 PECGy E. (w"Vla SrrN7KWY y'XeAlt z PO4a OF /ltw?I ey
DANNIE MASON
Notaily Public �) CoresP16k,�al 11*2
MYOoa�F-lea 11-0i2D19
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 13" Street
Lubbock, Texas 79401
Development Agreement In ❑eu of annexation - 2018 Page 8
EXHIBIT B — PROPERTY DEPICTION & DESCRIPTION
The Property that is the subject of this Agreement is only that portion of the
Property described in this Exhibit B that is owned by the Owners and, further, is
intended to be annexed by the City, if the City so chooses to annex the Property.
Development Agreement In Ueu Of Annexation - Z018 Page 10
Chapter 43 Agreement for Annexation No. 2018-00049
Property Owner Property Address 2017 Assessed Value
R126901 CRAWLEY, PEGGY MARIE 4901 S CR 1500, 79407 $18,260
2018 GENERAL INFORMATION 2017 VALUE INFORMATION
Property Status Active
Property Type Agricultural Land
Legal Description BLK AK SEC 39 AB 228 TR Bt & B2 AC. 70.33
Neighborhood 1100 - Frenship Isd
Account AC12039-90228-22SSS-000
Map Number 118
2018 OWNER INFORMATION
Owner Name
CRAWLEY, PEGGY MARIE
Owner ID
00214473
Exemptions
Agriculture Use
Percent Ownership
100%
Mailing Address
204 N 14TH ST LAMESA, TX 79331-3830
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG -Agriculture Use
Improvement Homesite Value $0
Improvement Non-Homesite
Value
Total Improvement Market Value $0
Land Homesite Value
$0
Land Non-Homesite Value
$0
Land Agricultural Market Value
_$140,660
Total Land Market Value
$140,660
Total Market Value
$140,660
Agricultural Use
$18,260
Total Appraised Value
$0
Homestead Cap Loss
40
Total Assessed Value
$18,260
TAXING ENTITY EXEMPTIONS
EXEMPTIONS AMOUNT
TAXABLE VALUE '
TAX RATE PER 100
TAX CEILING
_ _------
- - -_---_-
GLB-Lubbock County
so
$18,260
0.358158
0__
HSP- Lubb Cnty Hospital
s0
$18,260
0.109778
0
SFR- Frenship ISD
$0
$18,260
1A9
0
WHP- HI Plains Water
$0
$18,260
0.0069
0
TOTALS
1.964836
2017 LAND SEGMENTS
LAND SEGMENT
STATE CODE
HOMESITE
i MARKET
AG USE
LAND SIZE
TYPE
VALUE
LOSS
1 - Irr Crop
D7 - Real: Qualified Open -space Land
No
$84,660
$16,509
42.330000 acres
2 - Dry Crop
(
D1 -Real: Qualified Open space
Land
No
$38,000
$1,292
19.000000 acres
j 3 - Dry Crop
D1 -Real: Qualified Open -space land
No
$18,000
$459
9.000000 acres
-- ---- -
TOTALS
3,063,575 Sq. ft / 70.330000
acres
VALUE HISTORY
i YEAR IMPROVEMENT j LAND MARKET
AG MARKET AG LOSS
APPRAISED HS CAP LOSS ASSESSED
-
2016 --
_ - SO $0 - $0
$140,660 $21,532
$21,S32
SO $21,532
SALES HISTORY
DEED DATE
SELLER
BUYER
INSTR #
VOLUME/PAGE
12/20/2001
EILAND, W A
PALMORE HELEN F EST TR
2001-44194
7412/147
1/3/2002
PALMORE HELEN F EST TR
CRAWLEY, PEGGY MARIE
2002-194
7431/185
10/26/1999
EILAND, W A
PALMORE HELEN F EST TR
1999-38297
6470/112
3/21/1991
UNKNOWN
EILAND, W A
-
3558/072
DISCLAIMER
Every effort has been made to offer the most current and correct information possible on these pages. The information Included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content, completeness,
accuracy or adequacy of such Information and data. The Lubbock Central Appraisal District reserves the right to make changes at
any time without notice. Original records may differ from the Information on these pages. Verification of information on source
documents is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
Including but not limited to risks.of damage to your computer, peripherals, software and data from any virus, software, file or other
cause associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever arising out of any cause relating to use of this application, Including but not limited to mistakes, omissions, deletions,
errors, or defects in any Information contained In these pages, or any failure to receive or delay in receiving Information said or
Implied.
wal s CR lsoo, )veo)
ruwroim
aeitvi
unua vw.e
s uo.Ew
X me
LMWEEY.IEGOY XiA1E
<hu
wnuw.s
nsRie�e rEn
♦x BUR
0
Tex geMG
60G$M.X54.WXV
I
r00 , . RsrnsrJnal soStA.IiA77ltM /iyrerj GlAJ. /p Sr-
t
(A 194 w 74 s"ai85
THE STATE OF TEXAS
KNOW ALL mm BY THESE PRE MM.
COUNTY OF DAWSON
'[Lit wo. $M W. PALMORB. wbom addtew b 3ll Nana 18tbStteet, Lama.
Dawson Carroty. Teus. u Trustee otmo Hdea F. Pa moro FStata Ttsia, orae, b 1ba lets win
Ed taoimem of Hdm P. Palmore. wbcb will wu probated to Cattro No. 2M In do County
Court of Dawsaa County. Texu, and SARAN SPMS NORM wbae edben Is 4609 9lsa
Sweet. Lobboei, Ltibbek Cm*.'lens 7904. daft In my win ad separate psopuly. but
Mood blMdo pro fame by nay btstbsnd. R. A. NOW. badmtler coped 'Ott,• in
000dda=doo of the tttm of Tea ad N0/100 DAM ($10.00) cub to had peid by PEOGY
MARM CRAWLEY. a widow. wbtse add= b 204 Nan1 14tb Strew. Lamea. Dttwsat
Camty. Tans M31, baela ealled'Oeaoes.' demo* of wbleb b basby aeA 1ei11 lad
for wbicb 00lkn b ualaod or sbdl 01n. arm of lmplled. baeby hoot, sdl, ad wmvey
untoommook u bu ptopaty, an of ammore btnaest hood 0 the followbg daetw
nal elm b Dawson County. Tact:
7be aofs0e a m b aqd to 66 aaa of Lod ota of the Somhwat
Oao-founb of Sadoo 19, Block *AK'. O.C. A S.F.R.R. Co.
&uvq. Labboek County. Texm mm p wdmb ry darned in
Wmruv Dad firm M. K Ellysoa, a mt to C. A. Beak a aL
damd October 11. IM. and toeotd, in Votnma 1057. hp !l.
of the Deed Records of Lubbock County. Tens, and a am of
bold, oonslabS of 6 mcM mm or Ms. out of sob Seabo 39.
taoro paalealarly deur bed by mans ad bawds 1n Mahn
n
Ttnaae's Dad from Witibm T. Kit, &., Saba! me Ttmao. to
Bill Mod. datod Aupna 6,1968. ad tooa 1, in Vokan 1177.
hp 215 of tit: Deed Rnaoeda of bModk , T h.
tefaima a wbkb b bae made the a
traa of lad, tbo nro teas o[btrd ttitcta. mom aka.
Tbb oonveyaOo b suDixt to t itdom otr000td. ad alt m10aa1 adlorroydw
saaradoas of oo0reyaaoa, a wen n all em m m ad slpbwd wq of woad in tb0 omm
of die County aei t of Dawson Cam y. Texas. abovedeem bad p opagr. to tba
ouncead coy co do cams. chat acme ate p am* abcbts, nw. ad adotasbie.
TO HAVE AND TOHOLD dbodwa4acdbod paembm mcpt u baoioDolbto
trued.mpabtxwltbelladwagulut gonadappmteaaaoeatbaeaoo0loatgwbabeloodem
um do add Otatea, be beam. oxnetaots. admis, ad aalp a fbresar. ad OtabOw
do bmcby bbsd tbemultra, tide bft s000emoaaad utlpos. so on ad Aatoretr dclbod,
Room. WAstMM rase s� t I
' l
r
.. r.. •
e�laedeteaeYrbads '� 7431ma1m
P��aaOm�r�, Yew �+. aemlet[elon. adar�n,
oftesupoon.�oao.,ertaraatdrdraragp,, dtabpr.
OMJ06 or wler Gnaw w bat aae a krwb .
1VL. Mh
�►• 71rwt d dla Rtl� p,
Pabaaea 6seo itiret. neared !a qr bN WE aid
eairmeae at aft P. himm lamed
FIR
'lab "A= OF In"
CCU= OF DAWIM
nk , I I I as adroeede�ed bda m a Dooaseer��. bar =0 W.
PAUlORIL at Thames at ft ado A Fileeoea a ww ib ed Ire vm ad
Meeeaee�tdadaeF.Paimoeai,wlksws! / Na2mlai6eCboegrCare
0 L
d Denwos Oary. lbw
r e w�fftw*"
� 8EAL
aesnb*n ■. m DN=W �. =a. of a�Lua
a" pftwk
M RM OP cN SEAL
cuum
��9bfe ioeeemoeee was aetaoafegtat tidbea ar a De"emse: L-ill UN. by L A.
seem d 7leaae - -
LaR SeNeee
SEAL
R2M4L wAmmm e
VMS
%4iwti87
++► 3056
AT OpACK fa rr.wr.,�anrwwwrwooM
' �A°'•�- or �ooun
ono wvmSEAL a.
aro oaq,
rSAMI .
Dow
Sao
. •»w�i f �.Z cif«�.r
�iAAlj ..1s31
«.r,.o..a.rw w.n�warr
MM a UM
ooum► or umom
.I IwA wq � lfa r■r•I ws1� w �
Mrfa�i�SMwy �w/y�
wlr�wl NUrlfaOrMJr
jo aim
rw..
�t
.R+S . •.•
STATUTORY DURABLE POWER OF ATTORNEY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND
SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT,
CHAPTER XII, TEXAS PROBATE CODE AND EFFECTIVE JANUARY 1, 2014 IN
SUBTITLE P, TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS ABOUT
THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES
NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE
DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU
LATER WISH TO DO SO.
You should select someone you trust to serve as your agent (attorney in fact). Unless you
specify otherwise, generally the agent's (attorney in fact's) authority will continue until:
(1) you die or revoke the power of attorney;
(2) your agent (attorney in fact) resigns or is unable to act for you; or
(3) a guardian is appointed for your estate.
I, PEGGY E. CRAWLEY (Peggy Eiland Crawley) of the State of Texas, appoint each
of JEANNIE C. PETERSON and ROBERT E. CRAWLEY, each acting separately and not
jointly, as my agents (attorneys -in -fact), and each of my attorneys -in fact, again acting separately
and not jointly, is authorized to act for me in any lawful way with respect to all of the following
powers that I have initialed below.
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N)
AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS LISTED IN (A)
THROUGH (M).
TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE POWER YOU
ARE GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE POWER.
YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD.
(A) Real property transactions;
(B) Tangible personal property transactions;
(C) Stock and bond transactions;
(D) Commodity and option transactions;
(E) Banking and other financial institution transactions;
(F) Business operating transactions;
(G) Insurance and annuity transactions;
(H) Estate, trust, and other beneficiary transactions;
(1) Claims and litigation;
(J) Personal and family maintenance;
(K) Benefits from social security, Medicare, Medicaid, or other governmental
programs or civil or military service;
(L) Retirement plan transactions;
(M) Tax matters;
(N) ALL OF THE POWERS LISTED IN (A) THROUGH (M). YOU DO
NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER
POWER IF YOU INITIAL LINE (N).
SPECIAL INSTRUCTIONS LIMITING OR EXTENDING
THE POWERS GRANTED AGENT
IN ADDITION, EACH OF MY AGENTS SHALL HAVE, AND I HEREBY VEST IN
EACH OF MY AGENTS, AGAIN ACTING SEPARATELY AND NOT JOINTLY, THE
FOLLOWING ADDITIONAL POWERS:
The power to exercise any powers granted to Agents herein either within or without the
territorial limits of the United States of America;
The power to convey any and all assets of my estate (consisting of any property, real,
personal, or mixed, of whatever kind, wheresoever located and whensoever acquired) into such
trust or trusts (whether irrevocable or revocable) for my benefit as my Agents shall deem proper,
irrespective of whether said trust is now in existence or hereinafter established by Agents. The
Power to contribute assets to a trust under this paragraph may not be exercised in a manner that
would create a general power of appointment in Agents over my assets under Section 2041 or
2514 of the Internal Revenue Code;
The power to apply any of my assets to the establishment and implementation of an estate
plan which Agents deem advisable for the purposes of minimizing income, estate and/or
inheritance taxes, or for Medicaid (or similar) planning purposes. This power shall include, but
-not be limited to, the power to make gifts of or out of any property of any kind or nature which I
now have or may hereafter acquire in interest to such charities, other organizations, trusts, and/or
persons, including either or both of my attorneys -in -fact, for any reason, and without limitations;
provided, however, any gift to or for the benefit of any attorney -in -fact must be agreed upon by
all of my attorneys -in -fact then acting.;
To enter into, take possession, control, manage and operate any business, venture or
investment owned by me or in which I have an interest, wherever located;
To demand, receive, and obtain by litigation, action, or otherwise any money or other
thing of value to which the principal is, may become, or may claim to be entitled, including but
not limited to any Long Term Care benefits, and further to take any and all actions and execute
and deliver on my behalf all documents and agreements, contracts, and policies relative to my
Long Term Care as such attorney -in fact determines in such attorney -in fact's sole discretion;
To create and implement a limited partnership, regardless of any change in the value of
my estate as a result of the conveyance, of which I will be a limited partner, with such
partnership receiving, holding and operating all or any of my assets, and if so elected, to
Statutory Durable Power of Attorney Page 2
r'
structure such limited partnership with a corporate or limited liability managing general partner
(in which I might not hold an interest), or any other general partner as so determined by my
Agents, and with my Agents further being authorized to execute all documents relative to
transferring my assets to such limited partnership, and the formation of such limited partnership,
as determined by my Agents in their sole and absolute discretion; and
To execute and file income tax and other tax returns; to represent me before any office of
the Internal Revenue Service while this power of attorney is in effect, with authority to receive
confidential information and full power to receive checks in payment of any refund, penalty or
interest due me, execute waivers (including offers of waivers) of restrictions on assessment or
collection of deficiencies in tax and waivers of notice of disallowance of a claim for credit or
refund, execute consents extending the statutory period for assessment or collection of taxes,
execute closing agreements under Section 7121 of the Internal Revenue Code.
Without limiting the generality of any other provisions contained herein, my Agents are
each empowered to obtain and take possession of any mail addressed to me by entering any box
in which such may be deposited or otherwise kept, whether under the control of the United States
Postal Service or a private organization, to sign on my behalf any Certified, Registered, Express,
or like mail including, without limitation, items delivered by private organizations, and to
exercise dominion over any mail of mine in any other lawful manner whatsoever. "Mail", as that
word is used herein, means any letter, postcard, written notice, advertisement magazine,
catalogue, envelope or container, package, or any other item addressed to me and placed, for
delivery, in the control of the United States Postal Service, United Postal Service, Federal
Express, or any other carrier, whether named herein or not.
THE FOLLOWING LIMITATIONS ON POWERS ARE HEREBY IMPOSED ON MY
AGENTS:
Except as otherwise set forth in this Durable Power of Attomey—None.
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS
EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
ALTERNATIVE NOT CHOSEN:
(A) This power of attorney is not affected by my subsequent disability or incapacity.
YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS
TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU
CHOSE ALTERNATIVE (A).
If Alternative (B) is chosen and a definition of my disability or incapacity is not
contained in this power of attorney, I shall be considered disabled or incapacitated for purposes
Statutory Durable Power of Attorney Page 3
of this power of attorney if a physician certifies in writing at a date later than the date this power
of attorney is executed that, based on the physician's medical examination of me, I am mentally
incapable of managing my financial affairs. I authorize the physician who examines me for this
purpose to disclose my physical or mental condition to another person for purposes of this power
of attorney. A third party who accepts this power of attorney is fully protected from any action
taken under this power of attorney that is based on the determination made by a physician of my
disability or incapacity.
I agree that any third party who receives a copy of this document may act under it.
Revocation of the durable power of attorney is not effective as to a third party until the third
party receives actual notice of the revocation. I agree to indemnify the third party for any claims
that arise against the third party because of reliance on this power of attorney.
If either of JEANNIE C. PETERSON and ROBERT E. CRAWLEY, due to death or
permanent disability is unable to serve or act the nonfailing of them will continue to serve or act
as my attorney -in -fact. If both of JEANNIE C. PETERSON and ROBERT E. CRAWLEY
are permanently unable to act due to death or physical or mental incapacity, I then appoint
CAROLYNN C. COHORN and MARILYNN C. THOMPSON, as substitute or successor
attorneys -in -fact, each having all of the powers, rights, and privileges herein delegated to each of
my original attorneys -in -fact, provided, however, the action of both of them being required in
order to act on my behalf. The affidavit of CAROLYNN C. COHORN and MARILYNN C.
THOMPSON of the permanent inability to act due to death or physical or mental incapacity of
each of JEANNIE C. PETERSON and ROBERT E. CRAWLEY shall be sufficient evidence
for all purposes of the failure to act or inability to act of the original attorneys -in -fact and may be
relied upon by any and all third parties.
IN WITNESS WHEREOF, I have hereunto set my hand and seal at Lamesa, Texas, this
day of February, 2015.
f 'e .� J
vP
PEGOT It CRAWLEY
THE STATE OF TEXAS §
COUNTY OF DAWSON §
BEFORE ME, the undersigned authority, personally appeared PEGGY E. CRAWLEY,
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 consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day of February, 2015.
= Notary P ' , State o exas
�► &*a My Commission Expires: I•a4-11
Statutory Durable Power of Attorney Page 4
IMPORTANT INFORMATION FOR AGENT (ATTORNEY IN FACT)
Agent's Duties
When you accept the authority granted under this power of attorney, you establish a
"fiduciary" relationship with the principal. This is a special legal relationship that imposes on
you legal duties that continue until you resign or the power of attorney is terminated or revoked
by the principal or by operation of law. A fiduciary duty generally includes the duty to:
(1) act in good faith;
(2) do nothing beyond the authority granted in this power of attorney;
(3) act loyally for the principal's benefit;
(4) avoid conflicts that would impair your ability to act in the principal's best interest;
and
(5) disclose your identity as an agent or attorney in fact when you act for the principal
by writing or printing the name of the principal and signing your own name as
"agent" or "attorney in fact" in the following manner:
(Principal's Name) by (Your Signature) as Agent (or as Attorney in Fact)
In addition, the Durable Power of Attorney Act (Subtitle P, Title 2, Estates Code) requires you
to:
(1) maintain records of each action taken or decision made on behalf of the principal;
(2) maintain all records until delivered to the principal, released by the principal, or
discharged by a court; and
(3) if requested by the principal, provide an accounting to the principal that, unless
otherwise directed by the principal or otherwise provided in the Special
instructions, must include:
(A) the property belonging to the principal that has come to your knowledge or
into your possession;
(13) each action taken or decision made by you as agent or attorney in fact;
(C) a complete account of receipts, disbursements, and other actions of you as
agent or attorney in fact that includes the source and nature of each
receipt, disbursement, or action, with receipts of principal and income
shown separately;
Statutory Durable Power of Attorney Page 5
(D) a listing of all property over which you have exercised control that
includes an adequate description of each asset and the asset's current
value, if known to you;
(E) the cash balance on hand and the name and location of the depository at
which the cash balance is kept;
(F) each known liability;
(G) any other information and facts known to you as necessary for a full and
definite understanding of the exact condition of the property belonging to
the principal; and
(H) all documentation regarding the principal's property.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates
this power of attorney or your authority under this power of attorney. An event that terminates
this power of attorney or your authority to act under this power of attorney includes:
(1) the principal's death;
(2) the principal's revocation of this power of attorney or your authority;
(3) the occurrence of a termination event stated in this power of attorney;
(4) if you are married to the principal, the dissolution of your marriage by court
decree of divorce or annulment;
(5) the appointment and qualification of a permanent guardian of the principal's
estate; or
(6) if ordered by a court, the suspension of this power of attorney on the appointment
and qualification of a temporary guardian until the date the term of the temporary
guardian expires.
Liability of Agent
The authority granted to you under this power of attorney is specified in the Durable
Power of Attorney Act (Subtitle P, Title 2, Estates Code). If you violate the Durable Power of
Attorney Act or act beyond the authority granted, you may be liable for any damages caused by
the violation or subject to prosecution for misapplication of property by a fiduciary under
Chapter 32 of the Texas Penal Code.
THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER
THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
RESPONSIBILITIES OF AN AGENT.
Statutory Durable Power of Attorney Page 6
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXyS
08/27//2018 04:49 PM
2018024128
City of Lubbock
Office Pick Up 2818924129 21 PGS `` AGREES� ,�
Resolution No. 2018-RO151 III Ili 1z 101114 l I1WI1iIAIR 11111
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED OF RECORD IN THE
REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CITY OF LUBBOCK
DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION
THIS DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION (the "Agreement") is
made by and between the City of Lubbock, Texas, a State of Texas, Tier 1 home rule municipal
corporation (the "City"), and the undersigned property owner(s) (the "Owner"), [the term "Owner"
includes all owners of the property that is the subject of this Agreement; and, the City and the
Owner each being a "Party" and collectively the "Parties"], and this Agreement is entered into by
the Parties pursuant to Section 212.172 of the Texas Local Government Code to satisfy the
conditions required under -Section 43.016 of the Texas Local Government Code and is made
effective on April 26 , 2018 (the "Effective Date").
RECITALS
WHEREAS, the Owner owns a parcel of real property (the "Property") in Lubbock County,
Texas, which is more particularly depicted and described in the attached "Exhibit B' ; and
WHEREAS, the City has instituted annexation proceedings for all or portions of the Property and
held public hearings regarding the proposed annexation on March 8 and March 22, 2018; and
WHEREAS, at the public hearings, a service plan for the Property was made available to the
Owner and the Owner was given the opportunity to be heard by the City Council of the City; and
WHEREAS, the Owner does not want any portion of the Property to be annexed and desires to
have the Property remain in the City's extraterritorial jurisdiction (the "ETJ"), in consideration for
which the Owner agrees to enter into this Agreement; and
WHEREAS, it is the City's intention to allow the Owner to continue to use the Property as it is
being used at the time of this Agreement; and
WHEREAS, the Parties acknowledge that this Agreement is binding upon the City and the Owner
and their respective successors and assigns for the duration of this Agreement; and
WHEREAS, this Agreement is to be recorded in the real property records of Lubbock County,
Texas; and
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the
Parties agree as follows:
AGREEMENT
Section 1— The Property: Current Status.
The City acknowledges that the Property, more particularly depicted and described in the attached
"Exhibit B," is located within the ETJ of the City, is subject to an Agricultural Use tax exemption
according to the most recent Lubbock Central Appraisal District's ad valorem tax appraisal, and
Development Agreement In Lieu Of Annexation - 2018 Page 1
is included in the area noticed for annexation by the City unless this Agreement is signed by the
Owner and approved by the City Council of the City.
Section 2 — The Property: Continued Status.
a. In lieu of annexation, the Owner desires that the Property remain in the ETJ of the City for the
duration of this Agreement. The Owner agrees that the primary use of the Property shall continue
to be agricultural, consistent with Chapter 23 of the Texas Tax Code, except for any existing single-
family residential use on the Property that supports the primary agricultural use. If the City
proceeds with the annexation of the Property, then the Owner's use of the Property at the time of
this Agreement is "grandfathered" into the acceptable uses of the City, and the City is prohibited
from interfering with any uses on the Property that comply with Section 43.002 of the Texas Local
Government Code.
b. Unless otherwise provided in this Agreement, throughout the duration of this Agreement, the
City shall not annex the Property, shall not institute proceedings to involuntarily annex the
Property, and shall not include the Property in a statutory annexation plan. The Owner
acknowledges that unless the Property is annexed by the City, the Property shall remain ineligible
to receive City services, the Property shall continue to be excluded from the City's voting
precincts, and the Property shall remain exempt from City property taxes for the duration of this
Agreement.
c. The Owner acknowledges that Section 22.03.091(a) of the Code of Ordinances of the City
prohibits the City from providing water to any entity outside of the city limits, and acknowledges
that the City will not be providing water to the Property unless the Property is annexed into the
City. Pursuant to Section 43.01 G(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the primary use of the Property for agriculture in the same manner that the
regulations are enforced within the City's boundaries. The City specifically reserves its authority
pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over
property that is subject to a development agreement. Further, the City reserves its regulatory and
planning authority in the ETJ, as such authority has been granted to it by the City Council.
Section 3 — The Property: Change in Status.
a. The Owner warrants that the Property will continue to be used primarily for agriculture. The
Owner agrees not to develop any portion of the Property for any other purpose than agriculture,
and the Owner agrees not to file any type of subdivision plat or related development document for
the Property with Lubbock County or the City throughout the duration of this Agreement.
b. The Owner acknowledges that if any plat or related development document is filed for the
Property, or if the Owner commences any development of the Property other than that which
supports or promotes the agricultural use of the Property, then the exemption offered in this
Agreement shall terminate, and in addition to the City's other remedies, such act will constitute a
request for voluntary annexation by the Owner, and the Property will be subject to annexation at
the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and
the Owner hereby consents to such annexation as though a development agreement under Chapter
212.172 of the Texas Local Government Code for such annexation had been tendered by the Owner
Development Agreement In Lieu Of Annexation - 2018 Page 2
to the City. If the Property is annexed pursuant to a provision of this Agreement, then the City shall
provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code.
c. If annexation proceedings begin pursuant to this Section, then the Owner acknowledges that this
Agreement serves as an exception to Section 43.052 of the Local Government Code, requiring a
municipality to use certain statutory procedures under an annexation plan, and as an exception to
requiring certain statutory procedures as to the Owner to effectuate an annexation. Further, the
Owner hereby waives any and all vested rights and claims that it may have under Section
43.002(a)(2) of the Local Government Code and Chapter 245 of the Texas Local Government
Code that would otherwise exist by virtue of any plat or construction the Owner may initiate during
the time between the expiration of this Agreement and the institution of annexation proceedings
by the City.
Section 4 — The Term.
The term of this Agreement (the "Tenn") shall be five (5) years from the date that this Agreement
is approved by the City Council of the City of Lubbock, unless terminated earlier according to the
provisions contained in this Agreement. Until this Agreement is terminated, this Agreement shall
run with the land and be recorded in the real property records of Lubbock County, Texas.
Section 5 — Termination.
This Agreement will automatically terminate at the end of the Term. This Agreement shall
terminate upon the development non -agriculture of the Property for any use other than agriculture,
upon the filing of any plat or related development document with the City or with Lubbock County,
upon the Lubbock County Appraisal District's removal of the agricultural exemption on the
Property, or upon the Owner's failure to prove that it is the sole owner of the Property with the
authority to sign this Agreement. The Parties may agree in writing to terminate this Agreement
prior to the expiration of the Tenn of this Agreement.
Section 6 — City Council Approval Required.
If the City Council of the City of Lubbock does not affirmatively vote to annex an area that contains
at least a portion of the Property, then this Agreement will be null and void in its entirety.
Section 7 — Notification.
a. Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Further, the Owner and the Owner's
heirs, successors, and assigns shall give the City written notice within fourteen (14) days of any
change in the agricultural exemption status of the Property. Failure to provide notice as required
in this subsection will constitute a failure of the Owner to prove its ownership of the Property, and
will be grounds for the termination of this Agreement under Section 5 of this Agreement.
b. A copy of any notice required by this section shall be forwarded to the City at the following
address:
City of Lubbock With copy to: City of Lubbock
Attn: City Secretary Attn: Director of Development Services
P.O. Box 2000 P.O. Box 2000
Lubbock, Texas 79457 Lubbock, Texas 79457
Development Agreement In lieu Of Annexation - 2018 Page 3
Section 8 — Waiver.
Any failure by the Owner or the City to insist upon strict performance by either Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Owner or the
City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Parties waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by the Owner or the City of any provision of this
Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is
in any way intended to constitute a waiver by any Party of any immunity from suit or liability that
it may have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership.
The Owner hereby expressly affirms that it is the sole owner of the Property and that no other
person or entity has a valid claim to any right, title, or ownership in the Property. Should any
dispute of right, title, or ownership concerning the Property arise subsequent to the Owner's
execution of this Agreement, then the Owner hereby agrees to be solely responsible for defending
and confirming its absolute right, title, and ownership to the Property. If the Owner cannot defend
or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate
subject to Section 5 of this Agreement.
Section 10 — Governing Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Texas. All obligations of the Owner and the City under
this Agreement are performable in Lubbock County, Texas. Venue for any action to enforce or
construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and
regulations of any local, state, or federal governmental authority, having or asserting jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver by the Owner or the
City of any right to question or contest any law, order, rule, or regulation which may affect the
terms and conditions of this Agreement in any forum having jurisdiction, and the Owner and the
City each agree to make a good faith effort to support all proposed laws and regulations which
would be consistent with the performance of this Agreement in accordance with its terms. No
subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the Property pursuant to this Agreement.
Section 11— Remedy.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
Development Agreement In Lieu Of Annexation - 2028 Page 4
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the performance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement in Ueu Of Annexation - 2018 Page 5
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, covering the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21— Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the term of the Agreement. Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on / — / % — /e , 2018,
SIGNATURES
For the City: For the Owner:
[Additional Olpners sign the attached' Erhihit A l
�--�- &
DANIEL M. POPE, MAYOR OWNER'S SIGNATURE
Mw Fl-ref
OWNER'S PRINTED NAME
Development Agreement In Ueu of Annexation - 2018 Page 6
ATTEST:
Reb ca Garza, City Secretar
APPROVED AS TO CONTENT:
c
Steven O'Neal, Director of Development Services
APPROVED AS TO FORM:
Justin P " t, A sistant City Attorney
Development Agreement In Lieu of annexation - 2018 Page
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument was executed before me on 2018, by
An j • NAM0.
Of the City of Lubbock, a Texas municipal corporation, on behalf of said
n
corporation.
MR-10 $a4&3 u0auiti o to
£-955"Zt1E1 tQl 4113{d
Notary Public``IlWlsiS`�4R��1QN
IYVIYI003111VIN NAN!�
State of Texas §
County of Lubbock §
This instrument was executed before me on 2018, by��
o�n nti��e-oaarEa
on behalf of said Owner.
UK HE 4 1 M��
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 13`h Street
Lubbock, Texas 79401
MATTIE COWAN
No" Pubk. We d Texas
kote y 0113142566.3
EA CmlimiftEV*01.&2022
Development Agreement In Lieu Of Annexation - 2018 Page 8
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument was executed before me on 2018, by ,
rz
of the City of Lubbock, a Texas municipal corporation, on behalf of said
corporation.
No P blic
State of Texas §
County of Lubbock §
SJENNIFER SOWDER CLEMENTS
Wary Pd*, Sete of Texas
Notary IN 1249700&3
My Commissar Expgg506-234020
This instrument was executed before me on 2018, by
a...
,
on behalf of said Owner. x�Mx`OWYeX
Notary
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 1311 Street
Lubbock, Texas 79401
Development Agreement In Lieu of Annexation -2018 Page 8
EXHIBIT A — ADDITIONAL OWNER SIGNATURES
All signatures listed in this Exhibit must be accompanied by Notarization
Owner Name — Printed
0i L, &V DO r1os
Owner Name — Signature
Development Agreement In Ueu Of Annexation - 2018 Page 9
Chapter 43 Agreement for Annexation No. 2018-00049
Property Owner Property Address
R309234 FLORES, PETER R 4314 CR 1500, LUBBOCK, TX 79407
2017 Assessed Value
$465,405
2018 GENERAL INFORMATION
2017 VALUE INFORMATION
Property Status
Active
Improvement Homesite Value
$419,460
Property Type
Single Family
Improvement Nan-Homesite
SO
Legal Description
BLK AK SEC 40 AS 1342 TR 10 OF SE/4 ACS:10.21
- Value
Neighborhood
1100A - Var Res In Nbad 1100
Total Improvement Market
$419,460
Value
Account
AC12040-91342-80000-000
Related Properties
R65947
Land Homesite Value
$4,500
Map Number
119
Land Non-Homesite Value
$41,445
2018 OWNER INFORMATION
Land Agricultural Market Value
so
Owner Name
FLORES, PETER R
Total Land Market Value
$45,945
Owner ID
00043811
Exemptions
Agriculture Use, Homestead
Total Market Value
$465,405
Percent Ownership
100%
Agricultural Use
$0
Mailing Address
4314 CR 1500 LUBBOCK, TX 79407
Total Appraised Value
$465,405
Homestead Cap Loss
-$0
Total Assessed Value
$465,405
2017 ENTITIES & EXEMPTIONS
Special Exemptions • AG - Agriculture Use
TAXING ENTITY EXEMPTIONS EXEMPTIONS AMOUNT TAXABLE VALUE
TAX RATE PER 100 TAX CEILING
GLB- Lubbock County
$0 $465,405
0.358158
0
HSP- Lubb Cnty Hospital
$0 $465,405
0.109778
0
SFR- Frenship ISD HS
$25,000 S440,405
1.49
0
WHP- Hi Plains Water
$0 $465,405
0.0069
0
TOTALS
1.964836
2017 IMPROVEMENTS
v Expand/Coilapse All
Improvement #1 State Code
Homesite
Total Main Area
Market Value
- Al - Real Residential Single Family
Yes
5,223 Sq. Ft
$428,277
RECORD
TYPE YEAR
I SQ. FT
i VALUE
ADD'L
_BUILT -
' - - - -
:.,
--- INFO
1 MA- Main Area 2015
3,006
$238,36S Details
2 GAR - Garage 2015
912
$32,543 ffi Details
3 MA2 - Main Area Usf 2015
1,893
$138,100 a Details
4 MA3 - Main Area Bmf 2015
324
$19,269 as Details
2017 LAND SEGMENTS
I UM SEGMENT - -
STATE CODE
TYPE------_--_.
- --
HOMESITE MARKET
AG USE
LAND SIZE
--_-- --
VALUE
LOSS
1 - Residential Al - Real Residential Single Family
Yes $4,500
$0
1.000000 acres
2 - Dry Crop E - Real: Rural Land not Open -space and
Residential Imps
No $32,445
$490
7.210000 acres
3 - Irr Crop E - Real: Rural Land not Open -space and
Residential Imps
No $9,000
$780
2.000000 acres
TOTALS
444,748 Sq. it /
10.210000 acres
VALUE HISTORY
YEAR IMPROVEMENT LAND MARKET AG MARKET AG LOSS APPRAISED HS CAP LOSS ASSESSED
2016 $125,964 $45,000 $170,964
$0 s0 $170,964
$0 $170,964
SALES HISTORY
DEED DATE SELLER
BUYER
INSTR #
VOLUME/PAGE
2/4/2005 SCARBOROUGH TOM MITT 8, SCHERRY
FLORES, PETER R
2005.4493
9653/106
DISCLAIMER
Every effort has been made to offer the most current and correct information possible on these pages. The information included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content, completeness,
accuracy or adequacy of such Information and data. The Lubbock Central Appraisal District reserves the right to make changes at
any time without notice. Original records may differ from the information on these pages. Verification of information on source
documents Is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
Including but not limited to risks of damage to your computer, peripherals, software and data from any virus, software, file or other
cause associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever arising out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions,
errors, or defects in any information contained in these pages, or any failure to receive or delay in receiving information said or
Implied.
T Oarm' 10
g .D4
nwmPa ww
suz,�os
Mnv Neme
ROPES, VEiER 0.
1
Nm
RV9
YMI
XWft
SUuve M1
W PWX
2015
LI.. pfMC
_
6tB,5fgX50.W MG
G
- - - - - - - - - -
4
4493
�,-
4F1369° Rm..InevFronsciTYrb,[aaaa„+.mmnar vn9553ntii06
XOTICEOPCq`pIDpppyi,Ryp.CHISO,ypUM6AfUN0.V.IGRipry,YOVMAY1W1OVGOR
6TRi13AXYOPT61bLLO1Y1HO iXPOPMATO.Y
•
FpOMiNISpgBUplIIli'BLFDR[R1b piLPp
PORRBCOPDpTN6tMLICR6COgpy yOURbOC1ALb6NNNMUMeGROP YOUPDR ,S f iJCW96XUMPGR
I1
,v Mn OFT[Y•ke 9
c0u 0rw6POCX g
11 WAPRIbTY
"'e:Y l.iMf
Gne:M TGM M!R SCM80POUG11 eee GCXCyn A. bCARpOpOL'GII YN bg18taT ANH'
bGP80ROVGN
Gn01¢: PLTER0. FWA WXIRI RiIOPEb
.
fwl¢1Me@q AJC[un
eRi Rn81RLET
LUBPMY•TSACAq)
1
� O
oulu.:mu 'rwumNnlm OOL� WOeemmxttm Jutt¢ewaHGmm.WwPbkmwaw
RAL
XVNOPFDT X°'°P'I .^'^I M TIIRTT Fg1R TIpUSM'O OHp
fµvM •m:klrY'�Y,bm� MDNMIWMLLA0.6(sllla ro}tMsw4,¢embY.6vW .
bye(wllmhKOfkwmnm ea OwnGmabBwlpIRLOYLRip ,eymy¢�RW
P<^DnnNNJlet ull:^F+nmmuT Artetkdu FaY).'A'Mne WinvrprmtJEmb: by rtPmee
/�
P¢em:4mOm CmreY.em
i
.
Fa<mtnt.n4,Yal.wY..+J v:uWWirtryly y{,tgem:rtW wnw: ellpnmJY rttOkeJ:umtlln.
:omubN. mmm4tmJivassOil W WmgMrerv[MnJalRkuYmnl4dAtmwlLy
�
O:Iota.
arc)a+eryNn aReq O,eP'•WO:Wurawtumi)v •IfM, OrOfp10^G Oxnenm
rt:mmw[am.¢m::,mb•*Jn. m>e:ntpNmymenbn¢ mr wJk¢
� .
Y[mutbmnuaw'¢hP)b[Nimp:erm:mv, Xmuimbm¢¢bmerylinmme
� '
G[mo:,nJe(¢SMpkOwnvo!rftgOrv:y.nOWi:MIpeR¢Ykyev (NOxnonFjypl:'8'evM:m
ntnmW,rvJt.p,,,b,[,p„t„�,,,�u.m:niw,,.W,t,mm,N.,,wb,mW,wn.
oNnlbin.s
vnnml.sm.embimelRk mnFw,m':m::Nt:�mlN[emn.row:mn,.,,uNu erme r,eP[,y«e
@°bmNe)ottuvml:.Gm:�orme
c:N�tt,�IwPm u:n(umtxnlrt:loNxwuewrctmine
PNtt Yl@Ip:lvlly .f Ofnumchuby:o:OnOf lba OwrcnAlpoOMP:Og:ry; ftl mlb4bhmby e11n6
@b wirvNw: m w rt•1
vmaro [tmm, orme teo::n b.gtn w vnnr a nNew: tm (a w
RmXXbn en:m+mems wm N:pe.n b:ts mt w mmme, xrcni el Gn¢N, e:mlm, W w
Arcmmr:ev¢no.,m,,ww,n,rc:�mbr
u.,IN.,,:nimmm:r.evvnn�tY. W en,r:mF:,P¢ly,
� RnitkeoN,unrl�LwbtlwkcFepw Rppmy. •¢dMlpen Gn¢m W Gnvl¢ygOpmn
buret. gaygalremrwmLVLRrill
o
�eYliv
unpx:pt:p::iniqu 0nud :y011Wmtl
� 6wLi'n: � btmm (b.E LL) of YeJm lO. BI¢k AK LUKn[k @my, }py pl
nvemON
bmwnvmpn�l W:mke J.enn:1t11W gtllyn:perlq[OlotlQmnv ,
wurvCO:wrF. rrvttp nn
P¢�x,
I'
i
1
R 9853►,4107
EzeM&MIcoanc ao"sow,"," n
i Ofoka, for"CaWdmdm sod Seim= 'i
++eeaeOWreenq,tisceRtdl�snloeerroQlttegbrR6ppgr,
bagtrgedoejiuj,bhre+edtoAolddbGngfeewddaume•�Jd�meee=tWiai�ro I
Fhpvw b cQwemd r.ea Lama ,boa ago �s "sr'°"'d ft aaiaa a.r „h. i i' �mcroy 6eb;
.roebim=eeemiear.ipv��O4aeoyeuaaeRnaret�lanAom��.na�e.G"�'e�o�yb i
.. � • � t lee vade=•i oee.pGm,eQ�.wle b IA. Rapop re ne.bod eeYl eke epee eean{boa b fi* pddhi
I
+off bhf teemR et+tAkSlfine Ciedool wUt eeoome
�+ ..rLAl16G1rliALBAWK+tGenbeYeags=eu,Ibpyabea►b_
�etdb!'IeeoofelSeAntadwpesSbRpdo�'sHa
O MALBANX a� �
�e*e _ f! . • _t . - .ei�C.emveepe.eoat+ook,ae�eq�L '� I
SrA� moo,
! BTATEOrTEEAB
{ C+OUMOFLUBSOCK !
. �bdled tiHb. dr eeey m eYs dd dFkbwr. IOm by TOM um
Me u=
`• I
SEAL ,
waeea„' i
8TATEOrTExas
'• CotwmOFLUE30C1C
o
�� dw
e<Pcbrm.20XII/3MMTLA
-SEALom
sa
'
• ( BIbeI40ib1 t
;. ,tom .. " ".'c{'' ^_„t •`."TR :'•.rpY..... rye,
0
. • • gaAt6ltM4►� .
»dNetesona10.41scrctixeto{bade��togodmuaQ�ism f4)gf
Seed" 40, Block ABC, I'abbok Cooat7, Tan ad being
deMbed b7 motes and boagde as faBows:BgC;jNmG at alai, Innred
RW aF
set In t7ogngr Road WSo0 010MAregue) mind In the But line of the Southeast
Qaaree• (B B. f/4) eraald &cHoa <0, Block AK rar the Saothisk and beds
eoratr ar tkb tract, whence a 1l1"Eros sod found ter tka Southeast ofaald
Sectba 40, Mack Mbears Both beBoth IVU114S"•bask WU0
Wm!d Cona "Wes' gt2S.00 Rapes: a W" hm with tap setts the
distanceor209Mfed10a�jR �rWalbcapve sueicenttanlegf�ataW '
SouY:east Qgaster (S.g, yq) of said Section 4 �je A, sel in
the west uuo of the
orthls trae4THENCE Nam OWN" wa along the Wet Ban of the �e
rod
Quarter (8.3 ofsatd Seaton , M?eh MIf,170.22 fiat to a 14" trot adcap set for the NerI/4)fhwer ooraer o40t06 14-34 patm4THgNcs North g9'33�2p" gssy u
2 leave reef " a 1/t" trodwith cap set io the west Bur amid County Road #1560 a
(Alcove Awaae), conelnpla; fo s total distance of 263934 rest to 4•241" ken red • i
whc Block -srt bt the gust line of the Southeast Quarter (&IL 114) of said Section 40,
along thhee a Amerof fhb trIC477MCB South OOQ02'48" East,sK line for the NOrdumt comer
Sostios l Quarter (&L 114) orasld Seetloa 40, Block A-%
I70.OI feet to the Flue of Beglgdag.SAVE AND FJCCUT the gust 2UO fat lbr
Bald Coaaty Road d1300 (Alcova Aveue)-CDNTARMO ao arcs of I031 sera of
land (grm) JUI gem of Land (aeO NOTX: The Compagr Is PmWblkd from
Insuring the are or guu* of land deserlbtd botch,
1deselptloaa of area ar gaga ty of ind boot a atseemmt is the shorn i•
argatafq b �r bat b nude only for laformatloaalatlea thst saeh area
idcatit[estlaa purposes and does aatoverd& Isom L
2 of Seb d�a hh
I
�•r• �.t
r'Y�Ve
• 1
••�. 't,
• • •t
•• • ,`�;
rh••
•1: �.i; ;�
. ,. .:r•'1:� •yr4 .a.�:.t•'l•.•I 4't�
.
.:�..: .�'�`'������:k::.w�ttr�a�,� �,�::�.:o:..:'. ,�.::..•
::
rN�. r:.:ra::r:: �::.; , :.. :' .::
vq 9553majoi.
V=Pw
I
IdOX
-**Mod
hftbm;F=,ft.= Tudl.
=V"Ifmkbft Gwpoi = Of K
MOM oulodowl
ADW*
IL AlaMMOOdlo
t.!='%om rmm
' ' b
ow"
to
of dS7
Of AM keg b L=
ammkftp�b b 4b* offt, 6 6g
==ftwombeft gp PC of
rt
d pd,*poWl&n -2-Wh"UrAfbdftn6he a -
Waco
N*Ciftmmftmmmw,
d"Ymbs
°p1i7e awe adm
ngw:ft
bYlii.
od—by
Mont&
�0'R�utoe�6nooiYa ppso"opo"
wArAm
dish"
�dubpnna+tt u0odt0aniaibOsefRepQ
10.N flatlp�tQd"8h�ggaC�p� ` �• .• :
e �t
��:>awlb�gpwIDlMadcofl�m�q�w0�lY4Atb����Mof1�
oboe smtp�0ab"�w4 ° 'i,.mo armelmrAe ae�b
�gp�woa�°°°�°�aanloR
a olettr asekoena�1�,�,�momoa+auedrq � '
a.aueeeo„Ra,podd+o..ean�k '°wylsaor+etsmsa+e►msw�,
�d+0on m flawllbwpdpbtn.ta
0010 ilinsrsrotbrle�g� g aq
tt /4stiw"c*eaoa IbrkatAt4nl�oy wR t:oa4of
�i'tt-ftow pra u Aranwpl�alA�wwp swp�yaudraradDw
n brx*hr �� uwwegloo' jheaAphei�bl� ��wpea Onnsbor NM
o
�7b�ulglq�pt 1bmEd' lblta ofq� � BhM
o 4wea ansi
Wd�md� Rle�stt� tl��.
= w.' NO orotest�a
� �taq tA�tOaa�bbh�wt7o t
�!iufP�a! 4 einfrwaep «�1ba4ma e 7
j . F4b:o
• f4t-l:b anbdw 4" eq itoltfrbeo�,. n, ' ora .
wia°+�:5=11 - e.�wa'�Q.�'ii
a �tM
y � �4�epna� iiN� �DOgd�dan oppnyy� aasAM
IIeotla>a fcl bbeN�lOisbfb trlo�+
Oray at. HosMtsrhw >
1>+�ktgbwebogOAI�'ea�Aaaatofwwb�N�b i
�Pf»s lbe a� � b
i tSMpowp4rosel.bE�oaoamQonO6xtr udi6WQN
r '
t70uN CtoU7 t10a0
• +aa
tow
1 FILED �{' ::! :-:.`•
Z iiEE-4 PH 42 ter
COUNTY Luueeocu
trcctil .eo w�..wwawAo akimev
AonY Y tMMI► tSwyl LW M �t't�Ml M m
MI 4
� ^jr w�fOtORM{lpr� I .
•i
x
m
101
m
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
c..
LubbocklCoun�yCcTEXySClerk
08/27//2018 04:49 PM
2018024129
City of Lubbock — - - - -
Office Pick Up 2018024130 17 PGS `` AGREE
Resolution No. 2018-RO151 ,III �i QiCIALLEIR 1ACM91, 1{�
'1 11111
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED OF RECORD IN THE
REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CITY OF LUBBOCK
DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION
THIS DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION (the "Agreement") is
made by and between the City of Lubbock, Texas, a State of Texas, Tier 1 home rule municipal
corporation (the "City"), and the undersigned property owner(s) (the "Owner"), [the term "Owner"
includes all owners of the property that is the subject of this Agreement; and, the City and the
Owner each being a "Party" and collectively the "Parties"], and this Agreement is entered into by
the Parties pursuant to Section 212.172 of the Texas Local Government Code to satisfy the
conditions required under Section 43.016 of the Texas Local Government Code and is made
effective on April 26 , 2018 (the "Effective Date").
RECITALS
WHEREAS, the Owner owns a parcel of real property (the "Property") in Lubbock County,
Texas, which is more particularly depicted and described in the attached "Exhibit B"; and
WHEREAS, the City has instituted annexation proceedings for all or portions of the Property and
held public hearings regarding the proposed annexation on March 8 and March 22, 2018; and
WHEREAS, at the public hearings, a service plan for the Property was made available to the
Owner and the Owner was given the opportunity to be heard by the City Council of the City; and
WHEREAS, the Owner does not want any portion of the Property to be annexed and desires to
have the Property remain in the City's extraterritorial jurisdiction (the "ETJ"), in consideration for
which the Owner agrees to enter into this Agreement; and
WHEREAS, it is the City's intention to allow the Owner to continue to use the Property as it is
being used at the time of this Agreement; and
WHEREAS, the Parties acknowledge that this Agreement is binding upon the City and the Owner
and their respective successors and assigns for the duration of this Agreement; and
WHEREAS, this Agreement is to be recorded in the real property records of Lubbock County,
Texas; and
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the
Parties agree as follows:
AGREEMENT
Section 1— The Property: Current Status.
The City acknowledges that the Property, more particularly depicted and described in the attached
"Exhibit B," is located within the ETJ of the City, is subject to an Agricultural Use tax exemption
according to the most recent Lubbock Central Appraisal Districi's ad valorem tax appraisal, and
Development Agreement In Lieu Of Annexation - 2018 Page 1
is included in the area noticed for annexation by the City unless this Agreement is signed by the
Owner and approved by the City Council of the City.
Section 2 — The Property: Continued Status.
a. In lieu of annexation, the Owner desires that the Property remain in the ETJ of the City for the
duration of this Agreement. The Owner agrees that the primary use of the Property shall continue
to be agricultural, consistent with Chapter 23 of the Texas Tax Code, except for any existing single-
family residential use on the Property that supports the primary agricultural use. If the City
proceeds with the annexation of the Property, then the Owner's use of the Property at the time of
this Agreement is "grandfathered" into the acceptable uses of the City, and the City is prohibited
from interfering with any uses on the Property that comply with Section 43.002 of the Texas Local
Government Code.
b. Unless otherwise provided in this Agreement, throughout the duration of this Agreement, the
City shall not annex the Property, shall not institute proceedings to involuntarily annex the
Property, and shall not include the Property in a statutory annexation plan. The Owner
acknowledges that unless the Property is annexed by the City, the Property shall remain ineligible
to receive City services, the Property shall continue to be excluded from the City's voting
precincts, and the Property shall remain exempt from City property taxes for the duration of this
Agreement.
c. The Owner acknowledges that Section 22.03.091(a) of the Code of Ordinances of the City
prohibits the City from providing water to any entity outside of the city limits, and acknowledges
that the City will not be providing water to the Property unless the Property is annexed into the
City. Pursuant to Section 43.016(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the primary use of the Property for agriculture in the same manner that the
regulations are enforced within the City's boundaries. The City specifically reserves its authority
pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over
property that is subject to a development agreement. Further, the City reserves its regulatory and
planning authority in the ETJ, as such authority has been granted to it by the City Council.
Section 3 — The Property: Change in Status.
a. The Owner warrants that the Property will continue to be used primarily for agriculture. The
Owner agrees not to develop any portion of the Property for any other purpose than agriculture,
and the Owner agrees not to file any type of subdivision plat or related development document for
the Property with Lubbock County or the City throughout the duration of this Agreement.
b. The Owner acknowledges that if any plat or related development document is filed for the
Property, or if the Owner commences any development of the Property other than that which
supports or promotes the agricultural use of the Property, then the exemption offered in this
Agreement shall terminate, and in addition to the City's other remedies, such act will constitute a
request for voluntary annexation by the Owner, and the Property will be subject to annexation at
the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and
the Owner hereby consents to such annexation as though a development agreement under Chapter
212.172 of the Texas Local Government Code for such annexation had been tendered by the Owner
Development Agreement In lieu Of Annexation - 2018 Page 2
to the City. If the Property is annexed pursuant to a provision of this Agreement, then the City shall
provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code.
c. If annexation proceedings begin pursuant to this Section, then the Owner acknowledges that this
Agreement serves as an exception to Section 43.052 of the Local Government Code, requiring a
municipality to use certain statutory procedures under an annexation plan, and as an exception to
requiring certain statutory procedures as to the Owner to effectuate an annexation. Further, the
Owner hereby waives any and all vested rights and claims that it may have under Section
43.002(a)(2) of the Local Government Code and Chapter 245 of the Texas Local Government
Code that would otherwise exist by virtue of any plat or construction the Owner may initiate during
the time between the expiration of this Agreement and the institution of annexation proceedings
by the City.
Section 4 — The Term.
The term of this Agreement (the "Term") shall be five (5) years from the date that this Agreement
is approved by the City Council of the City of Lubbock, unless terminated earlier according to the
provisions contained in this Agreement. Until this Agreement is terminated, this Agreement shall
run with the land and be recorded in the real property records of Lubbock County, Texas.
Section 5 — Termination.
This Agreement will automatically terminate at the end of the Term. This Agreement shall
terminate upon the development non -agriculture of the Property for any use other than agriculture,
upon the filing of any plat or related development document with the City or with Lubbock County,
upon the Lubbock County Appraisal District's removal of the agricultural exemption on the
Property, or upon the Owner's failure to prove that it is the sole owner of the Property with the
authority to sign this Agreement. The Parties may agree in writing to terminate this Agreement
prior to the expiration of the Tenn of this Agreement.
Section 6 — City Council Approval Required.
If the City Council of the City of Lubbock does not affirmatively vote to annex an area that contains
at least a portion of the Property, then this Agreement will be null and void in its entirety.
Section 7 — Notification.
a. Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Further, the Owner and the Owner's
heirs, successors, and assigns shall give the City written notice within fourteen (14) days of any
change in the agricultural exemption status of the Property. Failure to provide notice as required
in this subsection will constitute a failure of the Owner to prove its ownership of the Property, and
will be grounds for the termination of this Agreement under Section 5 of this Agreement.
b. A copy of any notice required by this section shall be forwarded to the City at the following
address:
City of Lubbock With copy to: City of Lubbock
Attn: City Secretary Attn: Director of Development Services
P.O. Box 2000 P.O. Box 2000
Lubbock, Texas 79457 Lubbock, Texas 79457
Development Agreement In Lieu Of Annexation - 2018 Page 3
Section 8 — Waiver.
Any failure by the Owner or the City to insist upon strict performance by either Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Owner or the
City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Parties waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by the Owner or the City of any provision of this
Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is
in any way intended to constitute a waiver by any Party of any immunity from suit or liability that
it may have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership.
The Owner hereby expressly affirms that it is the sole owner of the Property and that no other
person or entity has a valid claim to any right, title, or ownership in the Property. Should any
dispute of right, title, or ownership concerning the Property arise subsequent to the Owner's
execution of this Agreement, then the Owner hereby agrees to be solely responsible for defending
and confirming its absolute right, title, and ownership to the Property. If the Owner cannot defend
or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate
subject to Section 5 of this Agreement.
Section 10 — Governing Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Texas. All obligations of the Owner and the City under
this Agreement are performable in Lubbock County, Texas. Venue for any action to enforce or
construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and
regulations of any local, state, or federal governmental authority, having or asserting jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver by the Owner or the
City of any right to question or contest any law, order, rule, or regulation which may affect the
terms and conditions of this Agreement in any forum having jurisdiction, and the Owner and the
City each agree to make a good faith effort to support all proposed laws and regulations which
would be consistent with the performance of this Agreement in accordance with its terms. No
subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the Property pursuant to this Agreement.
Section 11— Remedy.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
Development Agreement In lieu Of Annexation - 2018 Page 4
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the performance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement In Lieu Of Annexation - 2018 Page S
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, coveting the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21 — Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the term of the Agreement. Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on `q Vvk 'I ,ll , 2018.
For the City:
DANIEL M. POPE, MM
SIGNATURES
For the Owner:
[Additional Droners sign the attached "Exhibit A'%
R'S SIGNATURE —Joua &p,I
OWNER'S PRINT D NAME M6pFa111 R01%, N.
Development Agreement In Lieu Of Annexation - 2018 page 5
ATTEST:
Rebe ca Garza, City Secret y
APPROVED AS TO CONTENT:
Steven O'Neal, Director ot Development Services
APPROVED AS TO FORM:
Jus ' Prui , Asdistant City Attorney
Development Agreement In aeu of Annexation - 2018 Page 7
NOTARIZATION
State of Texas §
County of Lubbock §
This in rumen was executed before me on 2018, by t ,
INW of the City of Lubbock, a Texas municipal corporation, on behalf of said
rrt
corporation.
IS
JENNIFER SOWDER CLEMENTS
NMaryltublic StatsWTeras
Nota ublic Nmary IN 1249700.3
My Commission Erptes *204020
State of Texas §
County of Lubbock §
This instrument was executed before me on 2018, by I
I�'➢yt o+d n-
on behalf of said Owner.
"�
+.>o"ar,
LISA RENEE WILBANKS
t o�
Public' -
Notary Public
STATE OF TEXAS
o
sit
MY rMan.EN.XwwnM N.'A1Y
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 13" Street
Lubbock, Texas 79401
Development Agreement In Lieu of Annexation 2018 Page
EXHIBIT A — ADDITIONAL OWNER SIGNATURES
All signatures listed in this Exhibit must be accompanied by Notarization
Owner Name — Printed
Owner Name — Signature
Development Agreement In Lieu Of Annexation - 2018 Page 9
EXHIBIT B — PROPERTY DEPICTION & DESCRIPTION
The Property that is the subject of this Agreement is only that portion of the
Property described in this Exhibit B that is owned by the Owners and, further, is
intended to be annexed by the City, if the City so chooses to annex the Property.
Development Agreement In Lieu Of Annexation - 2018 Page 10
Chapter 43 Agreement for Annexation No. 2018-00049
Located in Section 34, Block AK (10.3ac)
: N
W +E
a
a
5
:
W
:
a O
:
a a
:
:
AK 34
e.
o:
R13TC]0
`KAKSEC 34A .
1385 TR 68I OF.
SW/4 AC: 10.3
O
CR
i 66TH ST
j
1 LEGEND
j
R137470 (10.3ac) Exclusion
j �•� Section Lines
1 0 Parcels
,. j Lubbock City Limits
IU
i
eet
i 0 500 1000
Owner Property Address 2017 Assessed Value
CAIAII ors If1ukI T n �Ie-e.�.., ..., . __.... --
2018 GENERAL INFORMATION
2017 VALUE INFORMATION
Property Status
Active
Improvement Homesite Value
$110,565
Property Type
Single Family
Improvement Non-Homesite
Legal Description
BLK AK SEC 34 AB 1385 TR 6 & 7 OF SW/4 AC: 10.3
-------.. -- - Value
f0
Neighborhood
1100A - Var Res In Nbad 1100
Total Improvement Market
$110,565
Account
AC1203491385-50600-000
Value
Related Properties
P141327
Land Homesite Value
$23,484
Map Number
113
2018 OWNER INFORMATION
Land Non-Homesite Value
$0
land /agricultural Market Value
$0
Owner Name
FOWLERJOHN T & MEREDITH MOORE FOWLER
_
Owner ID
00128448
Total Land Market Value
$23,494
Exemptions
Agriculture Use, Homestead
Total Market Value
$134,049
Percent Ownership
100%
Mailing Address
7704 CR 7000 LUBBOCK, TX 79407-5404
Agricultural Use
$0
Total Appraised Value
$134,049
Homestead Cap Loss _
-$2,228
Total Assessed Value
$131,821
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG - Agriculture Use
TAXING ENTITY EXEMPTIONS EXEMPTI
I GCB- Lubbock County
`. -- - —
...------- _. —1 ._ __
-------
$0
$131,821 0.358158 0
HSP- Lubb Cnty Hospital
$0
$131.821 0.109778 0
SFR- Frenship ISD HS
$25,000
$106,821 1.49 0
WHP- Hi Plains Water
f0
$131,821 0.0069 0
TOTALS
1.964836 --
2017 IMPROVEMENTS
v Expand/Collapse Al
Improvement #1 State Code
Homesite
Total Main Area Market Value
• Al • Real Residential Single Family
Yes
1,705 Sq. Ft $110,565
TYPE
--- -___— - _ i
BUILT R �, SQ FT
UI
---- -- - ----------
VALUE ---ADD'L
--_. i------- --------- INFO
1 MA- Main Area
1950
1,705 $74,946 v Details
2 GAR - Garage
1950
576 $11,394 a Details
3 BN4- Barn
2001
2,000 $24,225 to Details
2017 LAND SEGMENTS
LAND SEGMENT
TYPE i STATE CODE
- MARKET
HOMESITE VALUE
AG USE _
LOSS LAND SIZE
-
1 - Residential Al - Real Residential Single
- Family ------ ----
Yes $23,484
- _— ��
SO 10.300000 acres
- - ---
TOTALS
44'668 Sq. ft / 10.300000 - -
acres
VALUE HISTORY
YEAR
IMPROVEMENT LAND
MARKET AG MARKET
AG LOSS T APPRAISED i HS CAP LOSS
ASSESSED
2016
$96,353 $23,484
$119,837 $0
$0 $119,837
$0 $119,837
SALES HISTORY
DEED DATE
SELLER -
BUYER
INSTR #
-
VOLUME/PAGE
5/21/2010
TUTTLE, DONNA J
FOWLER JOHN T & MEREDITH MOORE FOWLER 2010-16033
5/19/2009
TUTTLE, DONNA)
TUTTLE, DONNAJ
2009-17435
{ 3/17/2008
TUTTLE, JAMES EDWARD
TUTTLE, DONNA J
2008-542996
4/18/2002
VLB, #142984
TUTTLE. JAMES EDWARD
2002-15190
7603/168
12/13/1994
VLB #1031707
VLB,#142984
1994-39260
4748/187
12/13/1994 UNKNOWN VLB #1031707 1994-39259 4748/184
DISCLAIMER
Every effort has been made to offer the most current and correct information possible on these pages. The information included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content, completeness, accuracy
or adequacy of such information and data. The Lubbock Central Appraisal District reserves the right to make changes at any (line
without notice. Original records may differ from the information on these pages. Verification of information on source documents is
recommended. By using this application, you assume all risks arising out of or associated with access to these pages, Including but
not limited to risks of damage to your computer, peripherals, software and data from any virus, software, file or other cause
associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages whatsoever
arising out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions, errors, or
defects in any information contained in these pages, or any failure to receive or delay in receiving information said or implied.
AOP CP )OOq LY BBOCR� )I )B.0)
ono
e4M VYua
BUR'
Orm rr Ham)
Dbl£A IDXN 76
„
ERFDIIM MCORE iDW1FR
0ri
Ri5
BMI YRiry
1.NS Soua�eiM
vW4
T. wnxn
Bcu.uPxsn,wx)
�iu�eenmo pFEp �,�1-7
b OFbS]91 Reran m: Weakm TiOe CpmWnY
5 NOTICEOECONPTUEI A MRIGHTS: W YOU AREANATURALPERSON. YOU MAY REMOV80R
STRB(E ANY OR ALL OF THE FOLLOWING IN"RMATION FROM ANY OVSTRUn1ENT THAT
TRANSFEPSANNTERESf LN REALPROPERTV BEPORBRISFlLEDPOR RECORDINTECEPUBLIC
RECORDS: YOUR SOCIAL SECURITY NTIMBER OR YOUR DRIVERS LICENSE NUMBER.
BTATEOFTERAB g
COUNTYOFLUBBOCB
Oak: Maym.Mo
Gnumur.. DONNAIOYTVTf1E..singkwanun
Gn.k.: IOHN YTvnml FOW Sod MEREDIIH MOORS FOWLER
Gmuo,'. M.pnB AEtlrs:
5%3 n' Seat
LubbKk.luDpmk Cowry, Tew )9434
ComMmBov: dF hisNO'1yaciaofof,d. Mgaad.edvan lkwmitiv.tion.Ner.ceigv4ruR ko[y
of wnkn B n=.nr Kmnwkagm.
Pmperry Ilo.hdivg..> bmlolewBl: / -.
Suuult ANDB .( N.Block N . Io.yUatiF prclotl.pL oaeaku.IwKG mNc
smW.aEGuKk.nf5K1ueT4.BkKEAK prckc pmprY raKpemguKeKrak�aamm;ba
MAmto,vapm. a460.Poge lgs-m.orcflppeny Remr4s prWbm.kconmY.raK.
.a bem6luWKda 3M u folbvn:
BEGWNWO n1K'von WE(oum ROK SauNwulmrrcrof Wis RKl fmmwneKe Ne Soupxw
om Wr ¢taio.l4. llneswlpxmtmrmam. RagGwribain Volumei4M.PoR1flf.331.
panesanurcea n u.ss fen;
THQ:CE NKN, u SOOofeK pu. • K' hm mA fount N Ne NKNrignwPwy lire al gMM
Caen f ftmalnumg faluW duurceaID1g.o01ea m•K'wn and IKmEu 0K Nmnuen
[nf11V aJ:i. pK1:
THLNCE Fast ilmg Ibe SoW lice of. wm dmonpeE b Volume 4596. Page 3gg. OlfKiil Roil
Pmperry RaaN of Wpprck Coumy.Tuu.a Eukrce of4l6.E6 /eK K. K'vonmE lowtlnOK
NaORul.ormolMv vK4
TyOVCE SOmR a 598, 00 fat p.u. K' uon and fomtl b ln. NOM rigMet-way lire el u'W Cowry
maEmolvwinE 1pramlil 4ukrceof 103B.O0 hslm.lft' uwro4 kuMrcK BLanln lusafs+tl
IwA vd On Ne Su:yp lircef r.iC $coon L Ne SoulMul Wmer of Inu CKI;
THENCE Inc OFI.kngwilNWe5mJ1lue OI Senkm NutlmuiEmadaUkuKa of4J666 (eKm
POB4I OF BEGNNMG.
Re tuwnskom Comm.—: NO.
E.aptkm b Cmrtyloa.oA W....ml:
R V"w Commou u KI Out in i:ullnoo. eaorda in Volume 4749. NV IN. OH i.l R.11 ,,O,,M
I OtEo.Wb J,Cmmy.Tnu.
Tlul ponion of uplKaq pmPenY.loot In. SOuN IW mw lying wiwn public mW.
A 10 f—Ea--1Rt&ofW-1 forTnmmulun Lim mmnlNg Of nr.bk vumt—Of
woa. Polo -It" , guys ant of oonury Wgay.bkomcnrrcKavN eppunemrcn. mge:N+wiN Nongpl
of ingrem soul 0, u. waning N tuuoly. . Sommue.wly Kress eaptvoed prop..y to w Na in
lot. J.W Febm.ty 30. 1941, rKaGW to V.k 17I. Pt, 340. U.N Ram:ls. lubbKk COumy.
T..u. e::KURE by GoolP Lugl:w W Jobmy. OiIknwn lungfoa. hwf utl ant Mk to SuuNwellan
PublK ServKe Compury.
r..mxar,..n as
uw. ro.u.
M.SIeIi
BID of Sala Group Line FwWtiea dated April 17.19ft 10001ded in Volume 1217. Page $12, Deed Records.
Lubbock Comtty. Text, executed by P/2 South Cartitle Gat Association to Pioneer Natural Gas Compaty. a
Texas corporation. Now held by Faergas Company, a division of Atmos Energy COrpoestio% a Texas
corporation.
A 10 foot Transmission Line Right of Way Easement located is the South 30 fat of captmned pmpeity as set
ford► in iotwntM dated J— 6.1%2, rocotded in Volume 16M Page 525, Deed Records. Lubbock Cowq,
Texas, exacted by Geo Langford to South Plains Metric Cooperative.
Oil. On and Mineral Law dated November 22. Im. between Jolurnyo 0. Langftud, Indlytdcally and
bdepeodau Executrix of tlr &sate of 0eorge Langford. Docened, a: Lauer and Raymond C. Dots, w Lassa,
recorded in Volume 44, Page769.Oil and GasLatso Records, Lubbock Counly.Texas.together with an rights
tocidewdhtxaa
AD kaus, grants. exception erresemdonsof coal. lipR& Oil. gu, of odor mimals, logedw with all rights,
P ivik:ges. and bMand ies relaiag thereto. appearing in the public Records.
Rights of parties In Fouesigm
Visible and Appareot easements on or across the prop".
GtAntor, for the Consideration And subject to the Reservations from Conweya= and the Exceptions to
tJaaveyattcn Aral WaaAnty, grails. sells, and convt:ys to Grantee 69 Pfopury tagetiter with All and singular the rights
and oppwteaasaa thereto en tory wAy belonging, to have And to hold it to Comm and Guntees heirs, sucassers. And
Assignsfmnver. Gramm bbWsOrantor And OMMeshebs and successors tovvatraotabd forevadotend all aodsm1olar
the Aopaty to Grantee and Grsotee's ban. successors, And nsigns apiw every ptasoa whomroeva Lwfelty ckowng
Or to chum dte same Or Any pan thereof, except As to tier Reservations from Conveymne sad the Exceptions to
ConWA= And warranty.
When the contact regcira. singular nouns and pronoun include the plural.
, ry
STATE OF TEXAS
COUNTY OF LUBBOCK } �pa�.
Admv d e m ate, the usKIMigned notary on dtisAy of May. 2010 by DONNA JOY TUTTLE
hULY F;AMM HWU ,
�f�seattaTml �i C�
RICOt:rtltatF,pipt00T•2pipi; lic,
FILED AND RECORDED
OFFICIAL PMIC ""Kao''oaos
Kelly Vinson. County Clark
Lubboa County rCtIL9
May 21. 2916 Ki:n:lop" �p1a�44
RG: S".eN 310160
Grasral Warsaw vad
TdM-Foaltr rwastj
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXAS
06/27/2018 04:49 PM
FEE: a88.00
2018024130
City of Lubbock —
Office Pick Up 2018024131 IS PGs AGREE
Resolution No. 2018-RO151 ,ill IRA 119I P6111AN MOWIMM 11111
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED OF RECORD IN THE
REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CITY OF LUBBOCK
DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION
THIS DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION (the "Agreement") is
made by and between the City of Lubbock, Texas, a State of Texas, Tier 1 home rule municipal
corporation (the "City"), and the undersigned property owner(s) (the "Owner"), [the term "Owner"
includes all owners of the property that is the subject of this Agreement; and, the City and the
Owner each being a "Party" and collectively the "Parties"], and this Agreement is entered into by
the Parties pursuant to Section 212.172 of the Texas Local Government Code to satisfy the
conditions required under Section 43.016 of the Texas Local Government Code and is made
effective on April 26 , 2018 (the "Effective Date").
RECITALS
WHEREAS, the Owner owns a parcel of real property (the "Property") in Lubbock County,
Texas, which is more particularly depicted and described in the attached "Exhibit B"; and
WHEREAS, the City has instituted annexation proceedings for all or portions of the Property and
held public hearings regarding the proposed annexation on March 8 and March 22, 2018; and
WHEREAS, at the public hearings, a service plan for the Property was made available to the
Owner and the Owner was given the opportunity to be heard by the City Council of the City; and
WHEREAS, the Owner does not want any portion of the Property to be annexed and desires to
have the Property remain in the City's extraterritorial jurisdiction (the "ETF), in consideration for
which the Owner agrees to enter into this Agreement; and
WHEREAS, it is the City's intention to allow the Owner to continue to use the Property as it is
being used at the time of this Agreement; and
WHEREAS, the Parties acknowledge that this Agreement is binding upon the City and the Owner
and their respective successors and assigns for the duration of this Agreement; and
WHEREAS, this Agreement is to be recorded in the real property records of Lubbock County,
Texas; and
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the
Parties agree as follows:
AGREEMENT
Section 1— The Property: Current Status.
The City acknowledges that the Property, more particularly depicted and described in the attached
"Exhibit B," is located within the ETJ of the City, is subject to an Agricultural Use tax exemption
according to the most recent Lubbock Central Appraisal District's ad valorem tax appraisal, and
Development Agreement In lieu Of Annexation . 2018 Page 1
is included in the area noticed for annexation by the City unless this Agreement is signed by the
Owner and approved by the City Council of the City.
Section 2 — The Property: Continued Status.
a. In lieu of annexation, the Owner desires that the Property remain in the ETJ of the City for the
duration of this Agreement. The Owner agrees that the primary use of the Property shall continue
to be agricultural, consistent with Chapter 23 of the Texas Tax Code, except for any existing single-
family residential use on the Property that supports the primary agricultural use. If the City
proceeds with the annexation of the Property, then the Owner's use of the Property at the time of
this Agreement is "grandfathered" into the acceptable uses of the City, and the City is prohibited
from interfering with any uses on the Property that comply with Section 43.002 of the Texas Local
Government Code.
b. Unless otherwise provided in this Agreement, throughout the duration of this Agreement, the
City shall not annex the Property, shall not institute proceedings to involuntarily annex the
Property, and shall not include the Property in a statutory annexation plan. The Owner
acknowledges that unless the Property is annexed by the City, the Property shall remain ineligible
to receive City services, the Property shall continue to be excluded from the City's voting
precincts, and the Property shall remain exempt from City property taxes for the duration of this
Agreement.
c. The Owner acknowledges that Section 22.03.091(a) of the Code of Ordinances of the City
prohibits the City from providing water to any entity outside of the city limits, and acknowledges
that the City will not be providing water to the Property unless the Property is annexed into the
City. Pursuant to Section 43.016(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the primary use of the Property for agriculture in the same manner that the
regulations are enforced within the City's boundaries. The City specifically reserves its authority
pursuant to Chapter 251 of the Texas Local Goverment Code to exercise eminent domain over
property that is subject to a development agreement. Further, the City reserves its regulatory and
planning authority in the ETJ, as such authority has been granted to it by the City Council.
Section 3 — The Property: Change in Status.
a. The Owner warrants that the Property will continue to be used primarily for agriculture. The
Owner agrees not to develop any portion of the Property for any other purpose than agriculture,
and the Owner agrees not to file any type of subdivision plat or related development document for
the Property with Lubbock County or the City throughout the duration of this Agreement.
b. The Owner acknowledges that if any plat or related development document is filed for the
Property, or if the Owner commences any development of the Property other than that which
supports or promotes the agricultural use of the Property, then the exemption offered in this
Agreement shall terminate, and in addition to the City's other remedies, such act will constitute a
request for voluntary annexation by the Owner, and the Property will be subject to annexation at
the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and
the Owner hereby consents to such annexation as though a development agreement under Chapter
212.172 of the Texas Local Government Code for such annexation had been tendered by the Owner
Development Agreement In lieu Of Annexation - 2018 Page 2
to the City. If the Property is annexed pursuant to a provision of this Agreement, then the City shall
provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code.
c. If annexation proceedings begin pursuant to this Section, then the Owner acknowledges that this
Agreement serves as an exception to Section 43.052 of the Local Government Code, requiring a
municipality to use certain statutory procedures under an annexation plan, and as an exception to
requiring certain statutory procedures as to the Owner to effectuate an annexation. Further, the
Owner hereby waives any and all vested rights and claims that it may have under Section
43.002(a)(2) of the Local Government Code and Chapter 245 of the Texas Local Government
Code that would otherwise exist by virtue of any plat or construction the Owner may initiate during
the time between the expiration of this Agreement and the institution of annexation proceedings
by the City.
Section 4 — The Term.
The term of this Agreement (the "Term") shall be five (5) years from the date that this Agreement
is approved by the City Council of the City of Lubbock, unless terminated earlier according to the
provisions contained in this Agreement. Until this Agreement is terminated, this Agreement shall
run with the land and be recorded in the real property records of Lubbock County, Texas.
Section 5 — Termination.
This Agreement will automatically terminate at the end of the Term. This Agreement shall
terminate upon the development non -agriculture of the Property for any use other than agriculture,
upon the filing of any plat or related development document with the City or with Lubbock County,
upon the Lubbock County Appraisal District's removal of the agricultural exemption on the
Property, or upon the Owner's failure to prove that it is the sole owner of the Property with the
authority to sign this Agreement. The Parties may agree in writing to terminate this Agreement
prior to the expiration of the Term of this Agreement.
Section 6 — City Council Approval Required.
If the City Council of the City of Lubbock does not affirmatively vote to annex an area that contains
at least a portion of the Property, then this Agreement will be null and void in its entirety.
Section 7 — Notification.
a. Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Further, the Owner and the Owner's
heirs, successors, and assigns shall give the City written notice within fourteen (14) days of any
change in the agricultural exemption status of the Property. Failure to provide notice as required
in this subsection will constitute a failure of the Owner to prove its ownership of the Property, and
will be grounds for the termination of this Agreement under Section 5 of this Agreement.
b. A copy of any notice required by this section shall be forwarded to the City at the following
address:
City of Lubbock With copy to: City of Lubbock
Attn: City Secretary Attn: Director of Development Services
P.O. Box 2000 P.O. Box 2000
Lubbock, Texas 79457 Lubbock, Texas 79457
Development Agreement In Lieu Of Annexation - 2018 Page 3
Section 8 — Waiver.
Any failure by the Owner or the City to insist upon strict performance by either Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Owner or the
City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Parties waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by the Owner or the City of any provision of this
Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is
in any way intended to constitute a waiver by any Party of any immunity from suit or liability that
it may have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership.
The Owner hereby expressly affirms that it is the sole owner of the Property and that no other
person or entity has a valid claim to any right, title, or ownership in the Property. Should any
dispute of right, title, or ownership concerning the Property arise subsequent to the Owner's
execution of this Agreement, then the Owner hereby agrees to be solely responsible for defending
and confirming its absolute right, title, and ownership to the Property. If the Owner cannot defend
or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate
subject to Section 5 of this Agreement.
Section 10 — Governing Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Texas. All obligations of the Owner and the City under
this Agreement are performable in Lubbock County, Texas. Venue for any action to enforce or
construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and
regulations of any local, state, or federal governmental authority, having or asserting jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver by the Owner or the
City of any right to question or contest any law, order, rule, or regulation which may affect the
terms and conditions of this Agreement in any forum having jurisdiction, and the Owner and the
City each agree to make a good faith effort to support all proposed laws and regulations which
would be consistent with the performance of this Agreement in accordance with its terms. No
subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the Property pursuant to this Agreement.
Section 11— Remedy.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
Development Agreement In Lieu Of Annexation - 2018 Page 4
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the performance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement In Lieu Of Annexation - MIS Page 5
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, covering the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21 — Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the tern of the Agreement. Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on a r r I _l 2018.
For the City:
DANIEL M. POPE, MAYOR
SIGNATURES
For the Owner:
[Additional Owners .sign Ilse attached "ExhihirA"J
rm-rl,
WN• -r
7 yro, �C 14-) �e
OWNER'S PRINTED NAME
Development Agreement In Lieu Of Annexation - 2018 Page6
ATTEST:
R,b Garza, City Secrc ry
APPROVERAS. TO CONTENT:
t
Steven O'Neal, Direc or of Development Services
APPROVED AS TO FORM:
Jus4Pmi Assi ant �CityAttomy
Development Agreement In Dep W 4nnexati.n -1018
Page 7
NOTARIZATION
State of Texas
County of Lubbock
This instrument was executed before me on IM 2018, by
on behalf ofsaid
QWner .
Notary Prlb&
M
CADOf texas82-30.07.2020
State of Texas §
County of Lubbock §
This instrument was executed before me on yia 2018, by �1 ,
on behalf of said Owner. ,I" �,•
I
Notary Publi
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 1311 Street
Lubbock, Texas 79401
ELIZA13ETH MERCADO
• Nola ry Public, Sleleofiexas
Ndary IDq 130851823
MY Commis9on Expires 10-07.2020
Development Agreement In lieu of Annexation - 2018 Page 8
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument was executed before me on 2018, by ,
onrr
of the City of Lubbock, a Texas municipal corporation, on behalf of said
corporation.
16M.
CLEMENTSAve a,! alNoa ublic W9s 0&28.
State of Texas §
County of Lubbock §
This instrument was executed before me on 2018, by
O.TL
on behalf of said Owner.
Notary Public
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 130 Street
Lubbock, Texas 79401
Development Agreement In Lieu Of Annexation - una Page 8
EXHIBIT A — ADDITIONAL OWNER SIGNATURES
All signatures listed in this Exhibit must be accanpanled by Notarization
Owner Name — Printed
Owner Name — Signature
4A
Development Agreement In Lieu Of Annexation -1018 Page 9
Chapter 43 Agreement for Annexation No. 2018-00049
Property ' Owner Property Address 2017 Assessed Value
R133984 MC ENTIRE BYRON R & MITZI L 7524 CR 7000, LUBBOCK, TX 79407 $133,119
2018 GENERAL INFORMATION 2017 VALUE INFORMATION
'Property Status
Active
Property Type
Single Family
Legal Description
BLK AK SEC 34 AB 1385 TR 3 OF SW/4 AC: 5.15
Neighborhood
110OA - Var Res In Nbad 1100
Account
AC12034-91385-50300-000
Related Properties
P328475
Map Number
113
2018 OWNER INFORMATION
Owner Name
MC ENTIRE BYRON R & MITZI L
Owner 10
00I S8914
Exemptions
Agriculture Use, Homestead
Percent Ownership
100%
Mailing Address
PO BOX 54052 LUBBOCK TX 79453
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG - Agriculture Use
Improvement Homesite Value $120,886
Improvement Non-Homesite $8,447
Value
Total Improvement Market Value $129,333
Land Homesite Value $3,500
Land Non-Homesite Value
$0
Land Agricultural Market Value
$14,700
Total Land Market Value
$18,200
Total Market Value
$147,533
Agricultural Use
$286
Total Appraised Value
$132,833
Homestead Cap Loss
-$0
Total Assessed Value
$133,119
TAXING ENTITY EXEMPTIONS
EXEMPTIONS AMOUNT TAXABLE VALUE
TAX RATE PER 100 ; TAX CEILING
GLB- Lubbock County
$16.500
$116,619
0.358158
350
HSP- Lubb Cnty Hospital
$16.500
$116,619
0.109778
0
SFR- Frenship ISO HS
$35,000
$98,119
1.49
1277
WHP- Hi Plains Water
$16,500
$116,619
0.0069
0
TOTALS
1.964836
2017 IMPROVEMENTS
v Expand/Collapse All
Improvement #1 State Code
Homesite
Total Main Area
Market Value
_ E - Real: Rural Land not Open -space and Residential Yes
2,039 Sq. R
$120,886
Imps
RECORD TYPE
YEAR
' SQ, FT
VALUE
BUILT
INFO
1 MA Main Area
2000
Z039
$110,319 v Details
2 GAR - Garage
2000
434
$10,567 v Details
Improvement #2 State Code
Homesite
Total Main Area
Market Value
_ E - Real: Rural Land not Open -space and Residential No
$8,447
Imps
RECORD TYPE
- - - _
YEAR BUILT T S FT
VALUE
ADD'L -'
INFO
1 BNO - Barn
2004
v Details
2017 LAND SEGMENTS
LAND SEGMENT
STATE CODE
_TYPE -- --
1 - DryCrop
D1 - Real: Qualified Open -space Land
2 - Residential
E - Real: Rural Land not Open -space and
Residential Imps
TOTALS
HOMESITE MARKET 1 AG USE LAND SIZE
_-_ VALUE J _LOSS
No $14,700 $286 4,200000 acres
Yes $3,500 s0 1.000000 acres
226,512 Sq. ft /
5.200000 acres
VALUE HISTORY
h YEAR IMPROVEMENT LAND MARKET 1 AG MARKET AG LOSS APPRAISED HS CAP LOSS ASSESSED
2016 $124,598 $3,500 $128,098 $14,700 $336 $128,434 $0 $128,434
SALES HISTORY
l DEED DATE SELLER BUYER INSTR # VOLUME/PAGE
11/6/1994 UNKNOWN MC ENTIRE BYRON R & MITZI L 1994-36996� 4729/310
DISCLAIMER
Every effort has been made to offer the most current and correct information possible on these pages. The information included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content, completeness,
accuracy or adequacy of such Information and data. The Lubbock Central Appraisal District reserves the right to make changes at
any time without notice. Original records may differ from the information on these pages. Verification of information on source
documents is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
Including but not limited to risks of damage to your computer, peripherals, software and data from any virus, software, rile or other
cause- associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever arising out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions,
errors, or defects In any information contalned In these pages, or any failure to receive or delay in receiving Informatlon said or
Implied.
7525 cR 7000, LUBSOCw U 79407
Lu0Rrt410
Bll34fl5
WUW VYw
S IR],SH "
Oirtw NYM
M<ENLIRF BIADN R6 '
MIRit
Om
R
SRR..ft
],000]95pYn FMt
BUIR
10
T.
T. dMU
6 Ob,5f0.,RSi,WNV
TR A
Al
thI� e .cura to SYros R, NcLnri:.. 4816 43th Street. Lubbock. Tx 79414 "L 4729facr310
� 3699G
DORRWnON WARRANTY DMM
Da-
Oaabes 27. I996, esfoctive 09" 4. 1994
Grsatoa OADMU OBVBLOPHEM OOMUTION. I Terra to ,,do.
G+a M" BYRON R. Me pr= sad -W M= L. ►kEN17RE
CrwWa 61AU109 Address i wAq)t 48164M S&M LWbtrk. Lepbak Coopyr. Texas 79414
�$10c 00 OW albs 00 aad vaI". . to Oraotat Weis JAM by Ganoee bwci%
ia+ey San a W" h bereby aclm kdW atd eaefiapob.
Lu hO � Tam b*g f � am a hod au of an SW14 a Seaiea 3L. Mott A-&
� MY Records. Lubboet Coapty. Tataa, daa`'tibed dead in Volume 4160. hM IS3.233. OA1eW
B*A SW COIDU EG WNG at a, IW IR act for the SW Coma a dsbl am. (rp,�� � f � a �� 34 sad THENCE a tray desert'W io VOL 4460. PS. 1!3.233. bears 19b/.97 k.
Nwtk a dirtaaee of 30 R. pass a 112* IR as b the NIR.O.W. a s taaod
0°°� for a t" distam a 1028 k to a l/I' Ile sa tar the NW Y road and
THENCE
21 ,' jR a � NE 00 on or&W saam �j is VoAne 4596. p�,� (OUR). a dieesacc
Of
THENCE f�ma dhnna " fR pass a IR' IR sa In the NlR.O.W. list of a SFWW eamy MW mad acid Soaion far the se twrna a of a 1025.00 IL to s 112* IR set tar as Omer of asid
THENCE
swvel, an and at SlumSlumdtlt
begiqmj�q• Weak got with the SAiae of Seexioe 36 as f, Said road. a dhtaaos of 218.33 Q. to the placea
RaayseIMMS,flle�a ass Excggltns fo COM702 a and Warr,ay= we..�..
pfO�i ►ewfafvc coveshaft �sm Wes the Property. and make the al:.0w0..eo.Yt'ate0b •� -M Ibe kw. dw
•w"w7. Sad so Want Sad at�tiC ,ya�t�y� �Itd��� • ^""�'�• Or MW a10 paraaW 0
0 the
Department startdsrds and Other appBeabb governmt,W n"Wo. 'oust comply With a8 loal Heft
To
gway
v� 160 - � � � of retard is VahmY 371, Page 240 asd
Pate 323 a the peed Coamy, Teaas.
SUBIECT TO rigltta and claims amours Sad p,J, in OOaxsaim
Gramm. fa the ComWaxbs asd
sdb
"oem aanoa thereto la asrr� "m G� �nY• m{Nsr wth AU and lk � red
adminsad Warramey
�. ata O go G� hOW It birds Grmmrar _' G+ mm j �• es,=,.
Gastee's bean, caaaaoCUM s , drfad a0 tad ahtgnlar the %,q Gtmae apd
dahftaot red W to ds same O a" pammes.rt tbaca, eatxy as Reace"Imaefrtm �o
am ty. EaeepdOtas O
t
4ZMW31i
7Ai� ave0 l..ea, M ono• G.m a oaroot . dose aced 00*w 4* "W, a d noo" Y Vdr
. Pw n. bd Prepay Rem& G
a M6 , , , Rep"q'.win r dais. i� 1ler, papa* soar 1�w. oor+lne .
sl>bNr. a Ortoeu 4. i9 ae b�aC artr�now � *A � d� 10 aoer�a Or I� Ili
Wa11�s ti mamgom , vigils.
7lm rrA780F7vAS
COUNTY OF LUNN=
Thk
oapaodM ao Noll Gala aipoullea 770N, a 7>sa
oCOUM O LLMBOF la
wssoat
TW MnammMAN 1R Md3KU -sulk l4dar E '�� mD G HK 6f_
nAlranp4
j, TIIbIk alra G Tl
r�..r��rrrrw,rirww(s�
-; I l 16 rr n A^
If 04
an I
y���MM,iOfA/
- r
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinian County Clark
Lubbock Cauniy TEXAS
08/27/2018 WAS PM
FEE: 80.00
2018124131
City of Lubbock
dfrice Pick Up 2018024132 16 PGS AGREE
Resolution No. 2018-RO151 ,III PPi MMINI L W.
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED OF RECORD IN THE
REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CITY OF LUBBOCK
DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION
THIS DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION (the "Agreement") is
made by and between the City of Lubbock, Texas, a State of Texas, Tier 1 home rule municipal
corporation (the "City"), and the undersigned property owner(s) (the "Owner"), [the term "Owner"
includes all owners of the property that is the subject of this Agreement; and, the City and the
Owner each being a "Party" and collectively the "Parties"], and this Agreement is entered into by
the Parties pursuant to Section 212.172 of the Texas Local Government Code to satisfy the
conditions required under Section 43.016 of the Texas Local Government Code and is made
effective on April 26 , 2018 (the "Effective Date").
RECITALS
WHEREAS, the Owner owns a parcel of real property (the "Property") in Lubbock County,
Texas, which is more particularly depicted and described in the attached "Exhibit B"; and
WHEREAS, the City has instituted annexation proceedings for all or portions of the Property and
held public hearings regarding the proposed annexation on March 8 and March 22, 2018; and
WHEREAS, at the public hearings, a service plan for the Property was made available to the
Owner and the Owner was given the opportunity to be heard by the City Council of the City; and
WHEREAS, the Owner does not want any portion of the Property to be annexed and desires to
have the Property remain in the City's extraterritorial jurisdiction (the "ETF), in consideration for
which the Owner agrees to enter into this Agreement; and
WHEREAS, it is the City's intention to allow the Owner to continue to use the Property as it is
being used at the time of this Agreement; and
WHEREAS, the Parties acknowledge that this Agreement is binding upon the City and the Owner
and their respective successors and assigns for the duration of this Agreement; and
WHEREAS, this Agreement is to be recorded in the real property records of Lubbock County,
Texas; and
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the
Parties agree as follows:
AGREEMENT
Section 1— The Property: Current Status.
The City acknowledges that the Property, more particularly depicted and described in the attached
"Exhibit B," is located within the ETJ of the City, is subject to an Agricultural Use tax exemption
according to the most recent Lubbock Central Appraisal District's ad valorem tax appraisal, and
Development Agreement In Ueu Of Annexation - 2018 Page 1
is included in the area noticed for annexation by the City unless this Agreement is signed by the
Owner and approved by the City Council of the City.
Section 2 — The Property: Continued Status.
a. In lieu of annexation, the Owner desires that the Property remain in the ETJ of the City for the
duration of this Agreement. The Owner agrees that the primary use of the Property shall continue
to be agricultural, consistent with Chapter 23 of the Texas Tax Code, except for any existing single-
family residential use on the Property that supports the primary agricultural use. If the City
proceeds with the annexation of the Property, then the Owner's use of the Property at the time of
this Agreement is "grandfathered" into the acceptable uses of the City, and the City is prohibited
from interfering with any uses on the Property that comply with Section 43.002 of the Texas Local
Government Code.
b. Unless otherwise provided in this Agreement, throughout the duration of this Agreement, the
City shall not annex the Property, shall not institute proceedings to involuntarily annex the
Property, and shall not include the Property in a statutory annexation plan. The Owner
acknowledges that unless the Property is annexed by the City, the Property shall remain ineligible
to receive City services, the Property shall continue to be excluded from the City's voting
precincts, and the Property shall remain exempt from City property taxes for the duration of this
Agreement.
c. The Owner acknowledges that Section 22.03.091(a) of the Code of Ordinances of the City
prohibits the City from providing water to any entity outside of the city limits, and acknowledges
that the City will not be providing water to the Property unless the Property is annexed into the
City. Pursuant to Section 43.016(b)(1)(B) of the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the primary use of the Property for agriculture in the same manner that the
regulations are enforced within the City's boundaries. The City specifically reserves its authority
pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over
property that is subject to a development agreement. Further, the City reserves its regulatory and
planning authority in the ETJ, as such authority has been granted to it by the City Council.
Section 3 — The Property: Change in Status.
a. The Owner warrants that the Property will continue to be used primarily for agriculture. The
Owner agrees not to develop any portion of the Property for any other purpose than agriculture,
and the Owner agrees not to file any type of subdivision plat or related development document for
the Property with Lubbock County or the City throughout the duration of this Agreement.
b. The Owner acknowledges that if any plat or related development document is filed for the
Property, or if the Owner commences any development of the Property other than that which
supports or promotes the agricultural use of the Property, then the exemption offered in this
Agreement shall terminate, and in addition to the City's other remedies, such act will constitute a
request for voluntary annexation by the Owner, and the Property will be subject to annexation at
the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and
the Owner hereby consents to such annexation as though a development agreement under Chapter
212.172 of the Texas Local Government Code for such annexation had been tendered by the Owner
Development Agreement In Lieu Of Annexation - 2018 Page 2
to the City. If the Property is annexed pursuant to a provision of this Agreement, then the City shall
provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code.
c. If annexation proceedings begin pursuant to this Section, then the Owner acknowledges that this
Agreement serves as an exception to Section 43.052 of the Local Government Code, requiring a
municipality to use certain statutory procedures under an annexation plan, and as an exception to
requiring certain statutory procedures as to the Owner to effectuate an annexation. Further, the
Owner hereby waives any and all vested rights and claims that it may have under Section
43.002(a)(2) of the Local Government Code and Chapter 245 of the Texas Local Government
Code that would otherwise exist by virtue of any plat or construction the Owner may initiate during
the time between the expiration of this Agreement and the institution of annexation proceedings
by the City.
Section 4 — The Term.
The term of this Agreement (the "Term") shall be five (5) years from the date that this Agreement
is approved by the City Council of the City of Lubbock, unless terminated earlier according to the
provisions contained in this Agreement. Until this Agreement is terminated, this Agreement shall
run with the land and be recorded in the real property records of Lubbock County, Texas.
Section 5 — Termination.
This Agreement will automatically terminate at the end of the Term. This Agreement shall
terminate upon the development non -agriculture of the Property for any use other than agriculture,
upon the filing of any plat or related development document with the City or with Lubbock County,
upon the Lubbock County Appraisal District's removal of the agricultural exemption on the
Property, or upon the Owner's failure to prove that it is the sole owner of the Property with the
authority to sign this Agreement. The Parties may agree in writing to terminate this Agreement
prior to the expiration of the Term of this Agreement.
Section 6 — City Council Approval Required.
If the City Council of the City of Lubbock does not affirmatively vote to annex an area that contains
at least a portion of the Property, then this Agreement will be null and void in its entirety.
Section 7 — Notification.
a. Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Further, the Owner and the Owner's
heirs, successors, and assigns shall give the City written notice within fourteen (14) days of any
change in the agricultural exemption status of the Property. Failure to provide notice as required
in this subsection will constitute a failure of the Owner to prove its ownership of the Property, and
will be grounds for the termination of this Agreement under Section 5 of this Agreement.
b. A copy of any notice required by this section shall be forwarded to the City at the following
address:
City of Lubbock With cop v to: City of Lubbock
Attn: City Secretary Attn: Director of Development Services
P.O. Box 2000 P.O. Box 2000
Lubbock, Texas 79457 Lubbock, Texas 79457
Development Agreement In Lieu Of Annexation - 2018 Page 3
Section 8 — Waiver.
Any failure by the Owner or the City to insist upon strict performance by either Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Owner or the
City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Parties waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by the Owner or the City of any provision of this
Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is
in any way intended to constitute a waiver by any Party of any immunity from suit or liability that
it may have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership.
The Owner hereby expressly affirms that it is the sole owner of the Property and that no other
person or entity has a valid claim to any right, title, or ownership in the Property. Should any
dispute of right, title, or ownership concerning the Property arise subsequent to the Owner's
execution of this Agreement, then the Owner hereby agrees to be solely responsible for defending
and confirming its absolute right, title, and ownership to the Property. If the Owner cannot defend
or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate
subject to Section 5 of this Agreement.
Section 10 — Governing Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Texas. All obligations of the Owner and the City under
this Agreement are performable in Lubbock County, Texas. Venue for any action to enforce or
construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and
regulations of any local, state, or federal governmental authority, having or asserting jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver by the Owner or the
City of any right to question or contest any law, order, rule, or regulation which may affect the
terms and conditions of this Agreement in any forum having jurisdiction, and the Owner and the
City each agree to make a good faith effort to support all proposed laws and regulations which
would be consistent with the performance of this Agreement in accordance with its terms. No
subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the Property pursuant to this Agreement.
Section 11— Remedy.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
Development Agreement In Lieu Of Annexation - 2028 Page 4
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the performance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement In tleu Of Annexation • 2018 Page 5
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, covering the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21— Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the term of the Agreement. Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on -4 V � , 2018.
For the City:
�-Jv
DANIEL M. POPE, MAYOR
SIGNATURES
For the Owner:
lddditional Owners sign the attached "Exhihi(A
O R'S SIGNATURE
OWNER'S PRINTED NAME
Development Agreement In Lieu Of Annexation 2018 Page
ATTEST,:. - "
Steven O'Neal, Director o Development Services
APPROVED AS TO FORM:
Justin P 2itt, ssistant City Attomey
Development Agreement In Lieu Of Anneeation - 2018 page
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument was executed before me on 2018, by ,
nnie
of the City of Lubbock, paeTexas municipal corporation, on behalf of said
corporation.
O011.osi- "'° - JEMEx
EMENTS
• Texas
81
Not Public My284929
State of Texas §
County of Lubbock §
This instrument was executed before me on -1 -0q 2018, by JDII ft PkTMAd ,
Dare n•ve-ownpa
on behalf of said Owner.
Notary Public
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 1311 Street
Lubbock, Texas 79401
DANNIE MASON
Notary Ptak, Sate ofTM;
MyCarenictim F>W9m 1t-0S2919
Development Agreement In Lieu Of Annexation - 2018
Page 8
EXHIBIT A — ADDITIONAL OWNER SIGNATURES
All signatures listed in this Exhibit must be accompanied by Notarization
Owner Name — Printed
Owner Name — Signature
Development Agreement In Ueu Of Annexation • 2018 Page 9
EXHIBIT B — PROPERTY DEPICTION & DESCRIPTION
The Property that is the subject of this Agreement is only that portion of the
Property described in this Exhibit B that is owned by the Owners and, further, is
intended to be annexed by the City, if the City so chooses to annex the Property.
Development Agreement In lieu Of Annexation .2018 Page 10
Chapter 43 Agreement for Annexation No. 2019-00049
Property' Owner
PropertyAddress
2017 Assessed Value
R126597 PUTMAN,JOHNNY
79407
$790
2018 GENERAL INFORMATION
2017 VALUE INFORMATION
Property Status
Active
Improvement Home'site Value
$O
Property Type
Agricultural Land
Improvement Non Hortative
$O
Legal Description
BLK AK SEC 39 AB 72B TR Al2&Al2A ACE: 17.535
Value
Neighborhood
1100- Fire nship lsd
Total Improvement Market Value
$0
Account
AC12039.9022846280 ODD
Land Homeslte Value
$O
Map Number
118
2018 OWNER INFORMATION
land Nan Homeslte Value
SD
Owner Name
PUIMAN,JOHNNY
Land Agricultural Market Value
$45,431
Diviner ID
00199212
Total Land Market Value
MS,431
Exemptions
Agriculture Use
Percent Ownership
IONK
Total Market Value
$45,431
Mailing Atldress
744134TH ST LUBBOCK T%7940]-5011
Agricultural Use
$790
Total Appraised Value
$0
Homestead Cap Loss
40
Total Assessed Value
$7%
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG -Agriculture Use
TAXING ENTITY
EXEMPTIONS EXEMPTIONSAMOUNT
TAXABLE VALUE
TAX RATE PER 100
TAXCEILING
I GLB-Lubbock County
SO
$790
0.358158
0
HSP- Lobo Cnty Hospital
$O
$790
0.109A8
0
SFR-Frenshlp ISO
$o
$790
1.49
0
WHIP. Hi Plains Water
$O
6790
0.0069
0
TOTALS
1.964836
2017 LAND SEGMENTS
IAND SEGMENT STATE CODE
HOMESITE
MARKET
AG USE
LAND SIZE
TYPE
VALUE
LOSS
I - Dry Crop of- Heal: Qualified Open -space
No
Sal
$1 D2
2.000000 acres
Land
2-Dry Crop D1- Real: Qualified Open -space
No
$30,871
$552
13.540000icres
Land
3-Dry Crop D1- Real: Qualified Open -space
No
$10,000
$136
2,000000 acres
Land
TOTALS
764,042 Sq. ft / 17,540000
acres
VALUE HISTORY
YEAR IMPROVEMENT LAND MARKET
AG MARKET
AG LOSS
APPRAISED
HSCAPLOSS ASSESSED
2016 $O s0 50
$45,431
S930
$930
SO $930
SALES HISTORY
DEED DATE SELLER
BUYER
INSTR4 VOLUME/PAGE
4n912014 PUTMAN JOHNNY & HOLLIS SHERRIL
PUTMAN,JOHNNY
2014-14530
2/14l PUTMAN, WAYNE
PUTMANJOHNNY&
HOLLIS
SHERRI L
2007.6304
DISCLAIMER
Every effort has been made to offer the most current and correct Information possible on these pages, The information included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality content, completeness,
ry accuracy or adequaof such information and data. The Lubbock Central Appraisal District reserves the ngbt to make changes at
any time without notate. Original records may differ from the information on these pages. Verification of information on source
documents is recommended. By using this application, you assume all risks arising out of or associated with access to these pages.
Including but not limited to risks of damage to your computer, peripherals, software and data from any virus, software, Ole or other
cause associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever ansing out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions,
TR 1 LESS N 000'
118.74 AC
79409
TURarM 1D
8111591
peemea Nl
$es,431
Owner Nam.
P N, IOHNM'
[less
SpR tiNnp
OSOuare Feet
Year
0
:
Tax DISWISMR
OW,SFR,XSP,WXP
h _ _ i
IR A-13
.. ,,, ne O19 AC
ArrER RECORDING RETURNTO-i'EOWM PRICE, R C, no, BROADWAY. LUBBOCK. TEXAS 79101
NOTICE OF CONFIDENTIALITY RIGHTS:
IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE
FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD
IN THE PUBLIC RECORDS: SOCIAL SECURITY NUMBER OR DRIVER'S LICENSE NUMBER.
CORRECTION WARRANTY DEED
Data: Ma,ch27,2014
Grantor Sheri Lynne Putman Hollis
Grantor's Mailing Address (Including county): 744134-Street
Lubbock, Lubbock Coo nty, Texas
Grantee: Johnny Putman
Grantee's Mailmg Address (including county): 7441 34- Street
Lu bbork, Lubbock County, Tex.,
Consideration: Ten dollars and other good and valuable consideration
Property (including any improvements): All my right, title, and interest in A true, or land out of5ection 39, Block A-K, G.C. &
S.F. IM Co. Survey, Tracl All 2A, Abnrret 228, Lubbock Con By, Texas, containing 17.535 acres more ar less as described on
the attached Exhibit ,.A*,
Reservations fromand Excepbans to Conveyance and Womanly Those of record
Gnsomr. for the consideration and subjm to he reurvations from end excelNions to conveyance and warmnry,grant; sells, and conveys
to Cranial he property, together wnh all and singular the rights and apponenances thereto in any wise belonging, to have and hold it m
Gnntee,Granme'sherzs,executers,administmmm,suwessors,wassignsfumver Granmrbiads GramormAl Gramor'shnss, eXacaa.,
admimsromm, and successors to volo nt and forever defend all and singular the property to Gremee end Grantee's heirs, execmors.
admine"Amm Successor, and assigns against every person whomsoever lawfully claiming or m claim Nesame o, any party thereof. rxcept
AS to the reservalmns from and exaeptiom to conveyance and warramv. This deed is to correct that deeds numbered 2013049484 and
2013049493 recorded in the rest property records of Lubbock County, Texas on Deeunher 19.2013,
When the context requires, singular nouns and pronouns include the plural
She t Lynne Putman llollis - (;Amr
(ArkaAWIrdgmaAD
STATEOFTEXAS
COUNTY OF LUBBOCK
This instrument Was acknowledged before me on m y3 of� / X� y y
s46,,2014.
�._ Y ekb Serrune Putman H D ic,SmteofTexas
Lmms"" 16E Notary's name (primed): _ex
W Commumn Exam Notary's commissmn expires
June 10. 2017
L^.
All that certain lot, tract or parcel of land lying and being situated in Lubbock County, Texas, known and
described as follows, to -wit:
A 17.535 acre tract in the Northeast Quarter of Section 39, Block A-K, G.C. & S.F. R.R. Co. Survey, Lubbock
County, Texas, being further described as follows:
BEGINNING at a 518" iron rod and cap set for the Southwest corner of this tract and the Southwest comer of
said Northeast Quarter and being 2641.56 feet S. 00002130" W. of a 3/9" rod and cap set at the Northwest comer
of said Northeast Quarter from whence a railroad spike found at the Northeast comer of Section 39 bears East
2641.97 feet;
THENCE N. 00°05'50" E. a distance of 1237.18 feet to a l" square tube at the Southwest comer of a 10 acre
tract recorded in Volume 1655, page 27, Deed Records of Lubbock County, Texas, and the Northwest comer of
this tract;
THENCE S. 89.5970" E., along the South line of said 10 acre tract, a distance of 617.40 feet to a 5/8" rod and
cap set for the Southeast comer of said 10 acre tract and the Northeast corner of this tract;
THENCE S. 00°05'50" W., a distance of 1237.18 feet to a 5/8" rod and cap set for the Southeast comer of this
tract in the South line of said Northeast Quarter,
THENCE N. 89059'20" W., along the South line of the Northeast Quarter, a distance of 617.40 feet to the Point
of Beginning.
FILED AND RECORDED
OFFICIAL MMIC ASCMW
419,114tid
lr411y Vinton, County Clerk
LL49wk County TMM
Apral 29, 2114 04:01:32 PR
Fii: Sn.Oe 20140140
EXHIBIT "A"
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion Countyy Clerk
Lubbock Ceun�y TEXRS
06/27a/2018 04:49 PM
2 201804132
CITY OF LUBBOCK - — --
OFFICE PICK UP 2018024133 13 PGS AGREE
Resolution No. 2018-RO151 ,III ri 1I1AI %IlAWM% " 1W9W 11*1 ,I II I
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED OF RECORD IN THE
REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
CITY OF LUBBOCK
DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION
THIS DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION (the "Agreement") is
made by and between the City of Lubbock, Texas, a State of Texas, Tier 1 home rule municipal
corporation (the "City"), and the undersigned property owner(s) (the "Owner"), [the term "Owner"
includes all owners of the property that is the subject of this Agreement; and, the City and the
Owner each being a "Party" and collectively the "Parties"], and this Agreement is entered into by
the Parties pursuant to Section 212.172 of the Texas Local Government Code to satisfy the
conditions required under Section 43.016 of the Texas Local Government Code and is made
effective on April 26 , 2018 (the "Effective Date").
RECITALS
WHEREAS, the Owner owns a parcel of real property (the "Property") in Lubbock County,
Texas, which is more particularly depicted and described in the attached "Exhibit B"; and
WHEREAS, the City has instituted annexation proceedings for all or portions of the Property and
held public hearings regarding the proposed annexation on March 8 and March 22, 2018; and
WHEREAS, at the public hearings, a service plan for the Property was made available to the
Owner and the Owner was given the opportunity to be heard by the City Council of the City; and
WHEREAS, the Owner does not want any portion of the Property to be annexed and desires to
have the Property remain in the City's extraterritorial jurisdiction (the "ETJ"), in consideration for
which the Owner agrees to enter into this Agreement; and
WHEREAS, it is the City's intention to allow the Owner to continue to use the Property as it is
being used at the time of this Agreement; and
WHEREAS, the Parties acknowledge that this Agreement is binding upon the City and the Owner
and their respective successors and assigns for the duration of this Agreement; and
WHEREAS, this Agreement is to be recorded in the real property records of Lubbock County,
Texas; and
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the
Parties agree as follows:
AGREEMENT
Section 1— The Property: Current Status.
The City acknowledges that the Property, more particularly depicted and described in the attached
"Exhibit B," is located within the ETJ of the City, is subject to an Agricultural Use tax exemption
according to the most recent Lubbock Central Appraisal District's ad valorem tax appraisal, and
Development Agreement In Lieu Of Annexation - 2018 Page 1
is included in the area noticed for annexation by the City unless this Agreement is signed by the
Owner and approved by the City Council of the City.
Section 2 — The Property: Continued Status.
a. In lieu of annexation, the Owner desires that the Property remain in the ETJ of the City for the
duration of this Agreement. The Owner agrees that the primary use of the Property shall continue
to be agricultural, consistent with Chapter 23 of the Texas Tax Code, except for any existing single-
family residential use on the Property that supports the primary agricultural use. If the City
proceeds with the annexation of the Property, then the Owner's use of the Property at the time of
this Agreement is "grandfathered" into the acceptable uses of the City, and the City is prohibited
from interfering with any uses on the Property that comply with Section 43.002 of the Texas Local
Government Code.
b. Unless otherwise provided in this Agreement, throughout the duration of this Agreement, the
City shall not annex the Property, shall not institute proceedings to involuntarily annex the
Property, and shall not include the Property in a statutory annexation plan. The Owner
acknowledges that unless the Property is annexed by the City, the Property shall remain ineligible
to receive City services, the Property shall continue to be excluded from the City's voting
precincts, and the Property shall remain exempt from City property taxes for the duration of this
Agreement.
c. The Owner acknowledges that Section 22.03.091(a) of the Code of Ordinances of the City
prohibits the City from providing water to any entity outside of the city limits, and acknowledges
that the City will not be providing water to the Property unless the Property is annexed into the
City. Pursuant to Section 43.016(b)(1)(B) of -the Texas Local Government Code, the City is
authorized to enforce all of the City's regulations and planning authority that do not materially
interfere with the primary use of the Property for agriculture in the same manner that the
regulations are enforced within the City's boundaries. The City specifically reserves its authority
pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over
property that is subject to a development agreement. Further, the City reserves its regulatory and
planning authority in the ETJ, as such authority has been granted to it by the City Council.
Section 3 — The Property: Change in Status.
a. The Owner warrants that the Property will continue to be used primarily for agriculture. The
Owner agrees not to develop any portion of the Property for any other purpose than agriculture,
and the Owner agrees not to file any type of subdivision plat or related development document for
the Property with Lubbock County or the City throughout the duration of this Agreement.
b. The Owner acknowledges that if any plat or related development document is filed for the
Property, or if the Owner commences any development of the Property other than that which
supports or promotes the agricultural use of the Property, then the exemption offered in this
Agreement shall terminate, and in addition to the City's other remedies, such act will constitute a
request for voluntary annexation by the Owner, and the Property will be subject to annexation at
the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and
the Owner hereby consents to such annexation as though a development agreement under Chapter
212.172 of the Texas Local Government Code for such annexation had been tendered by the Owner
Development Agreement In Lieu Of Annexation - 2018 page 2
to the City. If the Property is annexed pursuant to a provision of this Agreement, then the City shall
provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code.
c. If annexation proceedings begin pursuant to this Section, then the Owner acknowledges that this
Agreement serves as an exception to. Section 43.052 of the Local Government Code, requiring a
municipality to use certain statutory procedures under an annexation plan, and as an exception to
requiring certain statutory procedures as to the Owner to effectuate an annexation. Further, the
Owner hereby waives any and all vested rights and claims that it may have under Section
43.002(a)(2) of the Local Government Code and Chapter 245 of the Texas Local Government
Code that would otherwise exist by virtue of any plat or construction the Owner may initiate during
the time between the expiration of this Agreement and the institution of annexation proceedings
by the City.
Section 4 — The Term.
The term of this Agreement (the "Term") shall be five (5) years from the date that this Agreement
is approved by the City Council of the City of Lubbock, unless terminated earlier according to the
provisions contained in this Agreement. Until this Agreement is terminated, this Agreement shall
run with the land and be recorded in the real property records of Lubbock County, Texas.
Section 5 — Termination.
This Agreement will automatically terminate at the end of the Term. This Agreement shall
terminate upon the development non -agriculture of the Property for any use other than agriculture,
upon the filing of any plat or related development document with the City or with Lubbock County,
upon the Lubbock County Appraisal District's removal of the agricultural exemption on the
Property, or upon the Owner's failure to prove that it is the sole owner of the Property with the
authority to sign this Agreement. The Parties may agree in writing to terminate this Agreement
prior to the expiration of the Term of this Agreement.
Section 6 — City Council Approval Required.
If the City Council of the City of Lubbock does not affirmatively vote to annex an area that contains
at least a portion of the Property, then this Agreement will be null and void in its entirety.
Section 7 — Notification.
a. Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Further, the Owner and the Owner's
heirs, successors, and assigns shall give the City written notice within fourteen (14) days of any
change in the agricultural exemption status of the Property. Failure to provide notice as required
in this subsection will constitute a failure of the Owner to prove its ownership of the Property, and
will be grounds for the termination of this Agreement under Section 5 of this Agreement.
b. A copy of any notice required by this section shall be forwarded to the City at the following
address:
City of Lubbock With copy to: City of Lubbock
Attn: City Secretary Attn: Director of Development Services
P.O. Box 2000 P.O. Box 2000
Lubbock, Texas 79457 Lubbock, Texas 79457
Development Agreement In Lieu Of Annexation - 2018 Page 3
Section 8 — Waiver.
Any failure by the Owner or the City to insist upon strict performance by either Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Owner or the
City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Parties waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by the Owner or the City of any provision of this
Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is
in any way intended to constitute a waiver by any Party of any immunity from suit or liability that
it may have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership.
The Owner hereby expressly affirms that it is the sole owner of the Property and that no other
person or entity has a valid claim to any right, title, or ownership in the Property. Should any
dispute of right, title, or ownership concerning the Property arise subsequent to the Owner's
execution of this Agreement, then the Owner hereby agrees to be solely responsible for defending
and confirming its absolute right, title, and ownership to the Property. If the Owner cannot defend
or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate.
subject to Section 5 of this Agreement.
Section 10 — Governing Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Texas. All obligations of the Owner and the City under
this Agreement are performable in Lubbock County, Texas. Venue for any action to enforce or
construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and
regulations of any local, state, or federal governmental authority, having or asserting jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver by the Owner or the
City of any right to question or contest any law, order, rule, or regulation which may affect the
terns and conditions of this Agreement in any forum having jurisdiction, and the Owner and the
City each agree to make a good faith effort to support all proposed laws and regulations which
would be consistent with the performance of this Agreement in accordance with its terms. No
subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the Property pursuant to this Agreement.
Section 11— Remedy.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
Development Agreement In Lieu Of Annexation - 2018 Page 4
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the performance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement M Ueu Of Annexation . 2018 Page 5
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, covering the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21 — Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the term of the Agreement. Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on tq9 2 1 ' ,(0 12018
For the City:
Ll/-�
DANIEL M. POPE, MAYOR
SIGNATURES
For the Owner:
[Additional Owners .sign the uttnched "Exhibit AV
J VC9C..C�1
OWNER'S SIGNATURE
OWNER'S PRINTED NAME
Development Agreement In aeu of Annexation - 2018 Page 6
ATTEST:
Steven O'Neal, Direc or o Development Services
APPROVED AS TO FORM:
Justin ruitt, Assistant City Attorney
Development Agreement In Lieu Of Annexation - 2018 page
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument was executed before me on 492�j jjQ 2018, by QrVAj
of the City of Lubbock, a Texas municipal corporation, on behalf of said
mu
corporation.
E(S:JENNIFERSOWOEACIEMENTS
NatuyNSlate of Teas
ot ryINPullk12497068.3Neney IDY 124970693Notary t lic Commissm Epi9s06204020
State of Texas §
County oU obleeek §
f—fthu►
This instrument was executed before me on M tireh 2►,
2018, byy (t ttI OL [HSt'.0 I A I r
on behalf of said Owner.
n.,a�
CARISSA NOYES
C
Y.SNOTARYFUIxl0$TATE0FTEXAS
`:`.f .••`'' COMM. EXP. 09-09-2010
�`Oi AJr NOTARY In 128MI428
Notary Public
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 1311 Street
Lubbock, Texas 79401
Development Agreement In neu WAnnexation - 2018 page 8
EXHIBIT A — ADDITIONAL OWNER SIGNATURES
All signatures listed in this Exhibit must be accompanied by Notarization
Owner Name — Printed Owner Name — Signature
Development Agreement to Lieu Of Annexation - 2018 Page 9
Chapter 43 Agreement for Annexation No. 2018-00049
Pfoperty ' Owner Property Address 2017 Assessed Value
R126622 ST CLAIR, CYNTHIA 79407 $535
2018 GENERAL INFORMATION 2017 VALUE INFORMATION
Property Status Acute
PropertyType Agricultural Land
Legal Description BLK AK SEC 39 AB 228 TR A14A AC: 7.867
Neighborhood 1100-Frenshiplsd
Account AC12039-90228-17305-000
Map Number 118
2018 OWNER INFORMATION
Owner Name
ST CLAIR, CYNTHIA
Owner ID
00189754
Exemptions
Agriculture Use
Percent Ownership
100%
Mailing Address
3509 EDGWOOD DR AMARILLO, TX 79109
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG - Agriculture Use
Improvement Homesite Value s0
Improvement Non-Homesite $0
Value
Total Improvement Market Value $0
Land Homesite Value
$0
Land Non-Homesite Value
$0
Land Agricultural Market Value
$27,535
Total Land Market Value
$27,535
Total Market Value
$27,535
Agricultural Use
$535
Total Appraised Value
$0
Homestead Cap Loss
_. _-
-s0
Total Assessed Value
$535
TAXING ENTITY
I EXEMPTIONS
EXEMPTIONS AMOUNT
TAXABLE VALUE
TAX RATE PER 100
TAX CEILING
- --- ---
- -
- --
-- - -
GLB- Lubbock County
$0
$535
0.358158
0
HSP- Lubb Cnty Hospital
$0
$535
0.109778
0
SFR- Frenship ISO
$0
$535
1.49
0
WHP- Hi Plains Water
$0
$535
0.0069
0
TOTALS
1.964836
2017 LAND SEGMENTS
LAND SEGMENT STATE CODE MARKET AG USE
HOMESITE LAND SIZE
TYPE -- - VALUE LOSS_-_ _
01 - Real: Qualified Open -space
1 -DryCrop Land No $27,535 $535 7.867000 acres
TOTALS 342,687 Sq. ft / 7.867000
acres
VALUE HISTORY
YEAR IMPROVEMEN f LAN MARKET
I
AG MARKETAG LOSS
APPRAISED 'I HS CAP LOSS ASSESSED
2016
S0 f0 SO
$62
9 $0 $629I
SALES HISTORY
DEED DATE
SELLER
BUYER
INSTR # VOLUME/PAGE
' 2/12/2014
ST CLAIR. CYNTHIA
2014-4363
12/20/2013
ST CLAIR JEAN ESTATE
ST CLAIR, CYNTHIA
2013.49S47 .
1.1/9/2013
ST CLAIR JEAN ALICE
ST CLAIR JEAN ESTATE
2013-359P
DISCLAIMER
Every effort has been made to offer the most current and correct information possible on these pages. The information included on
these pages has been compiled by District staff from a variety of sources, and Is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content, completeness,
accuracy or adequacy of such Information and data. The Lubbock Central Appraisal District reserves the right to make changes at
any time without notice. Original records may differ from the information on these pages. Verification of information on source
documents is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
Including but not limited to risks of damage to your computer, peripherals, software and data from any virus, software, file or other
cause associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever arising out of any cause relating to use of this application, Including but not limited to mistakes, omissions, deletions,
errors, or defects in any information contained in these pages, or any failure to receive or delay In receiving information said or
Implied.
)w07
TUP4¢ 1I0 81Q 22
iwe V9ue $2],535
O—Name ST CW0.,tt m TN^�u
On. 27 jl 2
kft.—, 0 We n, F.
Vor 80ft 0
Tax DW. O Gl8,SlA,N5P,WNP
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS,,, J
Kelly Pinion County Clark
Lubbock County. TEXyS
06/27/2018 0449 PM
FEE: gT4.00
2018024133