Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Resolution - 2018-R0152 - Chapter 43 For 1186 Acres - 04/26/2018
Resolution No. 2018-RO152 Item No. 7.8 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 one hundred eighty-six (1,186) acres of land adjacent to the northwestern city limits of the City of Lubbock within an area north of Erskine Street, east of North Milwaukee Avenue, south of Kent Street, and along North Frankford 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. 2018-00050, further described generally as approximately one thousand one hundred eighty-six (1,186) acres of land adjacent to the northwestern city limits of the City of Lubbock within an area north of Erskine Street, east of North Milwaukee Avenue, south of Kent Street, and along North Frankford 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. 2018-00050, excepting that property from the annexation effectuated by said ordinance. Passed by the City Council on L&- DANIEL M. POPE, MAYOR ATTEST: Rebec a Garza, City 4ccretan APPROVED AS TO CONTENT: Steven O'Neai, Director of Development Services APPROVED AS TO FORM: i Justin V ss stani City Attorney ccducslRt3S. Adoption — Ch. 43 Agricultural Ann cut ion INcmpiion Agreements - Arca F-1 Aptll 18, 2018 CITY OF LUBBOCK OFFICE PICK UP Resolution No. 2018-RO152 2018024235 17 PGS AGREE mill ro, mlifthwR I V wwrIMM 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 43.016(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 Ueu of Annexation - 2028 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 I I — 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 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, 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 inlo, 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 dart 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. Fhe Parties hereby enter this :agreement on �� Uj[, (,lV , 2()18 For the Cite: SIGNATURES For the Owner: I: Irldilif)IfUl 0It'll el's NigII Ihe- uitur-hi-d " EvItit)it . I ' f I ❑ANIEL M. POPE, YDR VNER'S SIGNA'CURE �u "ems ck)l( wo OWNER'S PRINTED NAME Development Agreement In Lieu Of Annexation - 2018 Page 6 ATTEST: Reb cia G4i-za, City. Secretary APPROVED AS TO CONTENT: r Steven 'Neal, Director of Development Services APPROVED AS TO FORM: Justin PZ:!7 ssistant City Attorney Development Agreement In Lieu Of Annexation - 2018 Page 7 NOTARIZATION State of Texas § County of Lubbock § This instrument was executed before me on 2018, by C A.�TI: Y.it1EIF of tile. City of Lubbock, a Texas municipal corporation, on behalf of said T,T[E JENNIFER SONER CLEFBENTS * ' * Nowy pubgC, State of Texas Notafyr ID; 12497&8•3 My Comreissin Expires 06.28.2020 State of Texas § County of Lubbock § 'Phis instrument was exccutcd belbre me on _'14 r(4 2O 2018, by Ju i . Lt er, th , DATE v., 5,1 0H%4_$l on behalf of said Owner. flylll �' MONICA KENNEDY Nalary Puy. ;. S;ate d Tey2s Notary Public Wary IN 124re.R.5-7 ' • . , • my Cmrrorrr 6on Expires 10 27 2Qt9 When Recorded Return To: City Manager City of Lubbock, Texas 1625 131h Street Lubbock, Texas 79401 Develgpment Agreement In Giet, Of Annexation - 2018 Page 9 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 Ueu Of Annexation • 2018 Page 10 Chapter 43 Agreement for Annexation No. 2018-00050 Located in Section 12, Block JS JS-12 R61275 JS SEC 12 AS 905 TR A OF SW?4 AC: 160 i i�d ■ i liw i r 1 i Lr� E i li� R r i�= r i IiQ R lid i il' r i i r 1 �rr rrrrrrrrr rrriwrrrrrrrwlrrt 1 Feel i 0 500 1fl0❑ N w -. E S LEGEND �_� 1151275 (160ac) Exclusion — Section Lines QNarccls Luhhock CiIN, limits ST i� f.Y M�'� ,� •w �� t�� •r.. :;i.WM1�}•a.M10lS.4Jh�s.+r.:V►.. rryu»�w.M.+ti�W �� i�l[1'��I — ti.��•• n�.��+'.mow M�4N ����A.MtF.Y�F.l a h.�Flr�M.wM Lubbock�_,..�.,_w�a,.......�..�...�,..,.�.,�..-�.o..�....��,�..,, TIPAI 3/13/2018 Public Access > Property Detail httl Property Owner Property Address 2017 Assessed Value R51275 HO,JUI-LIEN CHOU 6008 URSULINE ST, LUBBOCK, TX 79416 $9,584 2018 GENERAL INFORMATION 2017 VALUE INFORMATION Property Status Active Property Type Agricultural Land Legal Description BLK JS SEC 12 AB 905 TR A OF SW/4 AC.160 Neighborhood 1100 - Frenship Isd Account AC54012-90905-60000-000 Map Number 559 2018 OWNER INFORMATION Owner Name HO, JUI-UEN CHOU Owner ID 00190003 Exemptions Agriculture Use Percent Ownership 100% Mailing Address 400919TH ST *STE D LUBBOCK, TX 79410 2017 ENTITIES & EXEMPTIONS Special Exemptions AG -Agriculture Use Improvement Homesite Value $0 Improvement Non-Homesite $0 Value -- Total Improvement Market $0 Value Land Homesite Value $0 Land Non-Homesite Value s0 Land -Agricultural Market Value $429,850 Total Land Market Value $429,850 Total Market Value $429,850 Agricultural Use $9,584 Total Appraised Value $0 Homestead Cap Loss 40 Total Assessed Value $9,584 TAXING ENTITY EXEMPTIONS EXEMPTIONS AMOUNT I TAXABLE VALUE TAX RATE PER 100 I TAX CEILING GL8- Lubbock County SO $9,584 0,358158 0 i HSP- Lubb Cnty Hospital I _ $0 $9,584 0.109778 0 j SFR- Frenship ISD $0 $9,584 1.49 0 Il WHP- Hi Plains Water $0 $9,584 0.0069 0 TOTALS _._ . 1964836 2017 LAND SEGMENTS LAND SEGMENT YPE STATE CODE _ -Dry Crop rl 01 - Real: Qualified Open -spat Land 2 - Dry Crop D1 - Real: Qualified Open -spat Land 3 - Dry Crop D1 - Real: Qualified Open -spat Land -- -- - - TOTALS VALUE HISTORY MARKET e e e - * AG USE --r -....--------- -_. HOMESITE VALUE LOSS LAND SIZE _ No $390,000 $8,840 130.000000 acres No $39,000 $663 13.000000 acres No $850 - - - $81 17.000000 acres --- - — -- - - 6,969,600 Sq. ft / 160.000000 _ acres YEAR IMPROVEMENT -LAND MARKET AG MARKET SAG LOSS 1 APPRAISED I HS CAP LOSS ASSESSED _—_ `__- 2016 $0 $0 $0 $429,850 $11,275 $11275 $0 $11,275 SALES HISTORY - DEED DATE _ -- — - - - SELLER - - BUYER INSTR # VOLUME/PAGE 12/30/2013 NATIONWIDE MTG PLAN & TRUST HO, JUI-LIEN CHOU 2013- 50274 12/30/2013 NATIONWIDE MORTGAGE PLAN & TRUST NATIONWIDE MTG PLAN &TRUST 2013- 50273 7/16/2009 PERFORMANCE HOLDINGS LLC & NATIONWIDE MORTGAGE PLAN & 2009- TRUST 25168 12/31/2004 PRIDDY FERMAN R EST TRUST PERFORMANCE HOLDINGS LLC & 2005.620 9604/347 5/12/1994 UNKNOWN PRIDDY FERMAN R EST TRUST 1994- 4569/242 r:/Itubbodccad.org/PropeRy-Detail?Property0uickReflD=R51275&PartyQuidtRefl0=001900031� 1� 1. 3/13/2018 Public Access > Property Detell _.- ... _ 16614 3/30/1998 PRIDDY FERMAN R EST TRUST PRIDDY FERMAN R EST TRUST 1998-9852 5779/193 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 nut 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. hnpJAubbeckcad.org/Property-Detail?PropertyQuickReflD=R51275&PartyQuickReflD=001900039 212 8 IR AOF 5W14 OCR URSULTME 9T, LUSSOCX, Ix 711416 ILI Teegar[N !O ESliii &glossed VAIW 1 479.198 pwner fumy H6.:tl[-LIEN CHOU Clan SpR Urrg 0 5Qu m Fee, . reu wa: c TeM pI1V iCt 6 GLC.STR,HSP.W Hi zEP 29t385Bi7� J 31 � G1 a73658 Kaunas ta:'Wcstem Title Company ai NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY REMOV k OR STRIKE ANY OR ALL OF THE FOLLOWING LSFORNIATION FROM ANY INSTRUMENT THAT TRANSFER.SAN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICFNSE NVM8FR. THE STATE. OF TEXAS COUNTY OF LUBBOCK WARRANTY L1EED WITH VENDOR'S LTF.N Date: December 20, 2013 To be made effcctsve December 23. 2013 Grunter. NATIONWIDE MOKTGAGF PLAN & TRUST. a profit sharing perainn plan Grantce: All -LIEN C11011140 Cranlee't MslRng Address: 608 Ursuline Lubbock, Lubbock County. Texas 79416 Cons ideraf lea: TUN AND NOW 100 DOLLAKS (S 10.00) and a now o f even date eaeculed by Granite and payable To the order of AIMBANK in the principal amount of SEVENTY FIVE THOUSAND AND NOt+100 DOLLARS (T75.000.00). The note is accused by afusi and superior vender's lien dad superior titleteishled in this derd in favor ofA1MBANK and by a first-ticn deed of trust of even from Granite to SCOTT WADE, Trustee. Property (including any Improvements): FIELD NOTES 159.96 A Tract out of S cs� 1�3, Black !S, Lubbock County, Texas, being further described by reetesaad ds u fol BEGINNING ae a found railroad spike for the Southwest cortner of secs ton 12 and the Southwesl comer of chit tract: THENCE N 0 1'47M' E (Called North) (T•exw North Central Zane Bcaring Basis), with she West lint of Srelion 12 usd Mlhvaukcc Avenue, 2164.17 feet (Called 2166.17 feet) to a found railroad space fur the Northwrst cumcr of this tract; THENCE S 88'08'09" E (Called Fast). along the South Ime of the 35 Acre Tract described in Volums 2960, Page 299. Lubbock County Real Property Records, 3217.29 feel (Called 3217.50 feet) to a found rod with yellow cap for the Northeast comer of this tract; THENCE S 01.46.36- W (Ca11ed south), along West tine of the 34.13 Acre Traci described is Volume 10495. Page 279, and the 5 61 Acre Traci described in Valume 9178. Page 249. Lubbock County Official Public Records, at 1267.83 feet pass a found 112' iron rod, at 2151.96 feet pass a found 112' rod with orange cap marled RPLS 4460. in ail 2167.91 fm (Called 2166.17 ferry to a found 112' iron rod for the Sousboast comer of this tract; THENCE N 81140410' W (Called Weir), with she South tine of Section 12 and UrruIine Street, 3217,97 fccr [Gaited 3217.30 feat) to tea Place of Beginning and comining 159.96 Acres including any Right of Way. RltCrval loss from Cenveyanee: None lEscepiloas to Conveyance and Warranty: Fketric transmission line tutd:m distrs-btrion line, togcUtcs wirlt the right of ingress an cgresi as set forth in Inmurnent dated September 13. 1971, recorded in Volume 1286, Page975. Deed Recorix. Lubbock County, Texas, executed by F R. Priddy to South Plains Electric Coaperati►c. Inc The South So fccr of captioned property for roadway purposes as set forth in Irstrumero slated July 21. 1971, iceordtd in Volume 1288, Page 377, Deed Records, Lubbock County, Toxra. executed by F. R. Priddy to the County of Lubbock, Texas. The West 50 feet of captioned property for roadway purposes as set forth in Instrument dated July 21, 1971. retarded in Volume 1268, Page 495, Deed Records, Lubbock County. Texas, execustJ b) F. R. Priddy to the County of Lubbock, Texas. Rights incident to the ownership and lessees of the mlrterah reserved rn Vol arm 227, Page 4i19. Deed Rceo ds, Lubbock County, Texas. GiL Gus anal Mineral Lcur dated Oclober 28, l930. bctwecn F. R. Priddy and wife, Genrudc Priddy, as Lessor and Placid Oil Company, a Delaware torporation, as Lessee, recorded ro Volume 21, 1'dge 96, Oil and Gas Leasc Record,. Lubbock Count}, •Texas, IDgelhcr wills all nghts incident thereto. In regard only to wrmt.ty derd wKa ►'e.dnr'e I:r. Pete F of] Nenenwidr Pruitt A Trver-He this exception. ImmVirangreph 3 of clue T•19.1 Endorsement is hereby deleted. In regard only to this exception, itemlper�h 4 of the T•19 Endoreentent Is hereby deleted. Oil, On and Mineral Lease dated hems 2,1973, between F. R. Priddy and wife, Oatrrrdo Priddy. as Lessor and Robust B. !toss, m Lessee. recorded in Voheme 43, Page 821, Oil and Gas Leese Records, Lubbock County. Texas Oil, Gas and Mineral Lease dated November 15.1997. between Gertrude Priddy, Tmrtee of the Femme Royce Priddy True. under Ind Yip and wo ntew of Fermat Royce Priddy, as lessor and Malice Petroleum Corporation, as Lassos, recorded In Volume 5781. Page 315. Official Real Properly Records, Lubbock County, Texas, Rights of Parties In Possession. Visible and Apparent casements on or aaoss the property. All leases, grans, oweptiom or reservadma of oast, Ilpho, oil, gas, or other minerals, togotbrr with all rigbss, privileges, and ieunmtities sslsfireZ thereto, oppeering In the Public Record Grantor, for the Canhderstioo ead subject to the Reservations from Conveyance and the Exceptiom to Conveyance and Warranty. greets, sek and eomiays to Grantee the Properly, together with all and singular, the rights and 11►erato in any way belonging, to have sad to hold It to Greats and Grnuee's bcK successors, and wsigmforever.GrantorbindsOrmtm and Granter shairsandsucemorstowanamandfmcmdefendaDwdsin Pun the Property to Orates and Grantee's heirs, smetrors, and assigns aplast every Posen whouotoaver lawf W>y ebboiag ar to claim the sane or say part thereot except as to the Reservotlow from Conveyance and the Exception to Conveyance and Warranty. AIMBANK, at Gtumtee's request, has paid in cub to Onalot do portion of the purchase prleo f the Property dwfsevide - bytheaete. The firstandsuperiorvasdoeslien teBaiastaadsapalortWatothePsopestyarestxaiaodfor the bem & cf ADAANK and are trmsfened to AIMBANK witbout moomase agebw Grantor. The verudor's lien opbtst aid superior title to tbei Property are muhted until each note described is fully paid weardkrg to its terns, at which dm this deed will bexxata 1 absolow. WbeD the content requires, shy w nouns and pronouns fwhode the plural. NATIONWIDE MORTGAGE PLAN @ TRUST, a profit sharing pmlon plan AL1111ERTJ.,9 HILLIN TRUSTEE STATE OFARIZONA ¢ COUNTY OFfaramy, $ Acknowledged before ms, the undersigned aotay oa this V~ dry of Daember, 2013, by, ALBERT J. SCHILLINGER TRUSTEE of NATIONWIDE MORTGAGE PLAN & TRUST, a profit sharing pension plan, in the cvwlly twin stated. rso eM" u atery Public. State If Arizona �-- -�j�,� "C RECORDED WFICInL PUBLIC astCals, lio"4,I d trolly Pinion. County Clerk Lubbock County Tax" pop«btr 36, "IS 11:35:10 IMf 211w4 mm: $0.90 wtasta Dad "m V~6 tin Ptae 2 61`2 frttletwtdr Mot � Trgt�io FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock Caun�y TEXAS 06/27/2018 04:49 PM FEE: $85.00 2018 24135 ICITY OF LUBBOCK OFFICE PICK UP Resolution No. 2018-RO152 2018024136 19 PGS AGREE mill K If11 ft0l"IAw111IN1111111 li 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 April2b , 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 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 Tenon 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 Ueu Of Annexation - 2018 Page 4 EXHIBIT A — ADDITIONAL OWNER SIGNATURES All signatures listed in this Exhibit must be accompanied by Notarization Owner Name — Printed Owner Name — Sip -nature 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. 2018-00050 i ^eft+ori %r Coef-l^ , '7 lilnrir 7C f7 n 5z N W+E � 5 Feet 500 loon �_,_ l t t]iU�IZkS'UD:E �IfT�I` I1IiVIiI�T�S� LEGEND R39183 (IO.Snc) Exclusion —•— Section lines Parcels � a Lug►back City Limits URSULIN JS-7 auffam am �RSHALL ST rrrwwM..rrw R RUM Is i j BLK JS SEC T i AS131TR6 ■ 1 �w.••rr AC: 10.8 r � ■ f ■ LIB - PR 6470 WIN DSOR CT �- r RICE 5 i ir•r r.w.��.. - . •�.a.m r. r. .. ..ra.tirwr..•. a..w�w.�.w....� Lubbockv....., �,„•n�. .- a• •.,..o..... .. --... .. Fn M+nrnwTY,w+lrww rK .j;J� 3/13/2018 PubllcAccess > Property Detail 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 frorn any virus, software, file or other cause associated with access to this application. The Lubbock Central Appraisal District shall not be Gable for any damages whatsoever arising out of any cause relating to use of this application, including but not lirnited to mwstakes, 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. httplAubbockcad.org/Property-Detail?Property0ulckReflD=R39183 212 O141763 voters tot Macy Berard id 6712 lot Street Lubbock. Tests 2416 5362r,�r328 FayoodbyawSM VoroMmform bylw Fn8*. "'1 C� MwMrr.r�Ur 208 WARRANTY DEED WITH VENDOR'S LIEN Own: January 3. 1997 t 0-lor. V. V. OR she VUM V. COO1 aka VAL= COX. not Joined bevels by sy We tar the Teases that the property bevels conveyed constitutes no pact of our bosestead. Gmun'aUAk6Adkm(oekWbg=wg)c 4605 92od Street Lubbock. Taw 79424 GmM MARCT WMARD and FATfl FRULL3 Oaamas Muft Addma(WkWageoway): 6712 tot Street Lubbock. Texas 79416 Cooddmdm $20.00 and other good and voluble consideration, cash is bald paid, the receipt of which is hereby acknowledged and cosfossad; AND TBg FORTdER CONSODAna of the execution and delivery by the Grantees hotels of their one certain promissory note in the original principal sus of i12O.000.0O. dated of even date berewith and payable to the order of V. V. Cox An Valton V. Cos aka Valtan Con and wife. Rlwanda Cox. with right of survivorship. to S4 soutbly installments of $1.93O.69 each. is- eludlas principal and interest. the first inetollsent to becoss due and payable on or before February 1. 1997. and one instellsest to beeoms due and payable on or before the lot day of each succeeding soatfi thereafter until the whole am is paid. said note being further secured by ■ peed of Trust of eves data therewith. given to Robert A. Brandt. Trustee; vm 53621MM9 SEE MUtT "A" ATTACHED HERETO AND NADE A PART UEREOP AS IP MLLY CDPIED EMU. Rttannioaa from and Esapian b Ooartytaot tad Wanaeay: Right -of -Nay Resonant recorded to Voluae 1194. Palls 208. Dead Records. Lubbock County. Texas. 1/2 of 1/8 ROYALTY of the ainerals are reserved in an lnammot recorded in Volume 321. Page 689. Dead Records. Lubbock County. Texas. Tales for the current year bovin8 been pro -rated. Grantees assume payment thereof. I 0 EXHIBIT "A" VOL 5362 dci331 WMS A" egwxz)a atSCSt"low of 1a0.24 acr■ kreet o[ land located In Smetlon 7, !lock 1-S, Lubbock Cov nty, Tar an, 1+W-icrthnr dnnCrlb ed a• follow. , Et0 1NM1 1*0 at a noil end ohLner found In the south Ilse of Section J, dock SS. In the South line 0f a 160.Sm ecru Crart described In Vol wse IS 6, 'ygOA74r Ywrd of Trust 11.rord■ of Lubbock County, 7eRa• at the Svuthwsot corner o R f0,66 acr• irsc4 dn.crihed in Vol- 4514, 1.9: Rl, POOL Property Necorda Lubhoek ELT• Tgxar mt the aouthsaot turner of thte track, fru,a wl,.ne. the southeast corner of Section 7, Block is, bear. N. e9'56'2n- E. a distance or 2335.91 feats THanCt A. 69.w ;tom N., along the south line of Section 7 and the South line of said 160.56 acre tract ■ dLetmnce of 1791.S4 feet to ■ railroad eplke found at the louthwat car par of gold 160.56 acre tract and the Soudhwemt corner of thin trmrtp T:1CNC1 N. 0.03'40- w., •tong the weot line of ■aid 160.56 acre tract at $0.00 $set pee• . 1I2' Iron rod with pap ask. in the North line of right-of-wAy earveent damcrlbed In Volute 1194, sag. 205, Dead Nscord■ of Lnbboak County, Text., contLauinq for ■ total distance of 3013.95 Coot to a 112' Iron rod with cap not in the South llns of a 202.0 acre tract described In Volute 96, Pago 154, D*ed P cord. of Lubbock Cvunt7, Toaa■ for the lrorthwast corner or a id 160.56 6C ra tract end the Northwest corner of this tract, TNCMCS S. 69.W 34' B., along the South line of maid 201.0 even tract and the North line of maid 160.56 acre tract, ■ diml-ance of 7117.70 1set to a III* iron rod with cap mat for the Northwest earner of said 160.56 acre tract and the Northwest corner of an B0.21 acr• tract damerlbed in Volume 634. Page 556, Dead Itacard■ of Lubbock county. Tema* and the Northeast corner of this tract] THINCE a. O.03.461 X., along the Memt line of said 50.25 acre tract and the last Ling of said 160.S6 acre tract a distance of 13i1.64 feet to a 1/2' Leon rod with cap mat for the northeast corner of A 10.00 acre tract described In Voluas 3773, ►ape 175, Mal Property Aecordn of Lubbock county, TeRae and ■ corner of this tract] THIM,Ct B. 419'116.70• w., .Long the North lln. of .aid 10.00 earn tract at 263.13 feet pass ■ 11V iron rod with cop round at the northwest corner of said tract and the Northeast corner of a 10.00 acre tract described In Volumm 4579, rage 48, continuing along veld line for a total dlstanCe 0r 576.24 Cent to ■ 1/I' iron rod round at the Northwest corner or maid 10.00 acre tract and a corner of this tract] THlr1CZ s. 0'03.40' R., along the most line of said 10.00 acre tract at 16011.32 fret pass A 1/2' iron rod with cap found In the North line of said right -of- er eeewwrt, oontlnrinq for ■ total dl.tarce of 1655.S2 fret to the Point of "gLnwL*g. THIS EXHIBIT "A" SHALL BECOKE A P£9}SANEN'T ATTACHMZNT TO THAT CERTAIN WARRANTY DEED BATED 2AHUARY 3, 1997, BY AND B MEEA VALTOH COI and HAHCT HO4ARI1 and PATTI. FRULLO. STATE 6F TSLAS PILED i )R I+ECDRO COUNT'+' OF LUB86CK l hw.me ca," tha it" r41Arr,raHLTD-to do" rw N "taw sta,narf nwmo- a aw Sam No Sty+ ofD"D wrswraPyrdw0e,dd4tl�n0 R,cord< a wAx? Lorpy T nut r srnvwl Inca b y 1.y 3 u 2s rn 91 AN z M7 ,,,wk4 4Vicr71.. ^��a ••. �• COUNTY c��R,tf;Your FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion Ccunly Clerk Lubbock County TEXAS 06/27/2018 04:149 PM FEE: $94.00 2018024136 CITY OF LUBBOCK OFFICE PICK UP ZOtII$82i.37n` 15II uPGS `` AGREE ' �FF .``'' "u` Resolution No. 2O18-RO152 mill wpm, W IYfI�i ANIt ` 100, I :LY. IWill 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 R] REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE CITY OF LUBBOCK DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATI L1 MAR 2 7 2018 E QF I nt tit I f &CRETAF -1i100CK,1E7[AS THIS DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION (the "Agreement") is made by and between the City of Lubbock, Texas, a State of Texas, Tier I home rule municipal corporation (tile "City"), and the undersigned property owner(s) (tile "Owner"), [thc 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 " Partics"], and this Agreement is cantered 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 Anrit 76 , 2018 (the "Effective Date"). RECITALS WHEREAS, the Owner owns a parcel of real property (tile "Property") in Lubbock County, Texas, which is more particularly depicted and described in the attached "Exhibit 13"; and WHEREAS, the City has instituted annexation proceedings for all or portions of the Property and held public hearings regarding the proposed annexation oil 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 I — 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 I 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 tern 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 Agreemcnt. 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 .�� � L'- 2t118. For the City: DANIEL NI. POPE, MAYOR SIGNATURES For the Owner: f 4thlitirrni d Owners sign the a'artrrrhed " EvIlihit .4 "I OW R'S PRINTED NAAI F Development Agreement In Lieu Of Annexation - 2018 page 6 ATTEST: ReliLt,'a 6arra, City Se ret:ary 0 :APPROVED A5 TO CONTENT: Steven O'Neal, Director of Development Services APPROVED AS TO FORM: Justin P itt sssist nt City Attorney Development Agreement in Lieu Of Annexation - 2018 page 7 NOTARIZATION State of Texas § County of Lubbock § This instrument was executed before the on 2018, by nftlie City of Lubbock, a Texas municipal corporation, on bchnif of said rrn e corporation. Notary I lic State of Texas § County of Lubbock § JENNIFER SDNIDEH CLENIE 14 S 1� {�atary PubVse, dale of texas ' T Notary to# 124 70 iiies 8 8 24't4 .. �' ray coy, Zi vn � This instrument was executed before me on 2018, by 0.4Tr on behalf of said Owner. -m I IF W I emms v Notary When Recorded Return To: City Manager City of Lubbock, Texas 1625 13`I' Street Lubbock, Texas 79401 :i.4lL: ,UH\rP \ 0111111111111f�' ��•:' •tp,F,Y Pie`,,••= s �CO ; of DeVelopment Agreement in Lieu Of Annexation - 2019 "age 8 EXHIBIT A — ADDITIONAL OWNER SIGNATURES All signature► lived in this Exhibit Hurst be errrnnlpanied by Natetri;.r►thm Owner Name — Printed CU(11 / e K-e 0�.� Owner Name —Si nature 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 to Ueu Of Annexation - 2028 Page 10 Chapter 43 Agreement for Annexation No. 2018-00050 J1131Lu'10 t UUollt2 Hcceee -- eropeny uetaii Property Owner Property Address 2017 Assessed Value R140262 KELLEY ROBERT W & GAYLE 3207 N FRANKFORD AVE, LUBBOCK, TX 79416 $50,540 2018 GENERAL INFORMATION 2017 VALUE INFORMATION Property Status Active Improvement Homesite Value $0 Property Type Real Commercial Improvement Non-Homesite $45,472 Legal BLK JS SEC 12 AB 1350 TR 16 NORTH FRANKFORD AC: 5.02 (LESS - - - - -- Value Description BLDG ONLY) Total Improvement Market Value $45,472 Neighborhood 1200 - Shallowater Isd Account ACS4012-91350-30060-000 Land Homesite Value $0 Related P15753Z R138592, R318414, P329107 Land Non-Homesite Value $3,500 Properties Land ricultural Market Value $14,070 Map Number 559 2018 OWNER INFORMATION Total Land Market Value $17,570 Owner Name KELLEY ROBERT W & GAYLE Total Market Value $6�042,/ Owner ID 00212765 Agricultural Use $1,568 Exemptions Agriculture Use Total Appraised Value $48,972 Percent Ownership 100% Homestead Cap loss _$0 Mailing Address 3207 N FRANKFORD AVE LUBBOCK, TX 79416-9642 _ Total Assessed Value $50,540 Cn 2017 ENTITIES & EXEMPTIONS i, 71`� y Special Exemptions AG - Agriculture Use TAXING ENTITY EXEMPTIONS EXEMPTIONS AMOUNT i TAXABLE VALUE TAX RATE PER 100 TAX CEILING GLB- Lubbock County $0 $50,540 0.358158 0 HSP- Lubb Cnty Hospital $0 $50,540 0.109778 0 SSH- Shallowater ISD $0 $50,540 1.55 0 WHP- Hi Plains Water $0 $50,540 0.0069 0 TOTALS 2.024836 2017 IMPROVEMENTS w Expand/Collapse All Improvement #1 State Code Homesite Total Main Area Market Value - F1- Real Commercial No 3,200 Sq. Ft $45,472 RECORD ECOR-- ( TYPE YEAR SQ, FT VALUE ADD'L --- - --- - BUILT-- -.---- -- -- - -- - - !- INFO___ I 1 MA - Main Area 1995 3,200 $45,472 v Details 2017 LAND SEGMENTS LAND SEGMENT MARKET I AG USE TYPE - STATE CODE 1 HOMESITE I VALUE _ LOSS LAND SIZE 1 - Commercial F1 - Real Commercial No $3,500 $0 1.000000 acres 2 - Irr Crop D1 - Real: Qualified Open -space No $14,070 $1,568 4.020000 acres Land -- - . - _ -- --- `TOTALS -------- - - - -- - - 218,671 Sq. ft / 5.020000 acres VALUE HISTORY YEAR IMPROVEMENT LAND MARKET AG MARKET i AG LOSS APPRAISED HS CAP LOSS ASSESSED 2016 $42,496 $3,500 $45,996 $14,070 $1,849 $47,845 $0 $47,845 SALES HISTORY DEED DATE SELLER BUYER INSTR # VOLUME/PAGE 10/17/2001 VLB, #149890 KELLEY ROBERT W & GAYLE 2001-36141 7313/7 I I 5/5/1997 FA B INVESTORS INC VETERANS LAND BOARD 1997-13614 5467/112 S 5/5/1997 VETERANS LAND BOARD VLB, #149890 1997-13615 5467/115 Mtn-1lh ihhnr4rorl nmlPmno►fu.l'lofail7PmnorfvnL dr4Runn=P i An7R7RPorhini drMRofln=(',(179 97RS, 1 M J11 JILtl1 is ruouc Access - vropeny uetall 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 SOLIrces, 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 (lies" 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 relatin.g 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. hffn•1Arrhhnrtrrarl nmlPmnarhs_nafail?PmnarhirbiirirRofinmpldn2A7APwrhrfbdrirpof n=fir17i')7R5 717 i fir) O co cn co r TR 17 i 5.02 AC TR 1 C 7707 N FIljLNXt PR[] RHE, I 66UC M., I 79416 TM Forte, 10 Rum" A,1.sf.a.w. f $3.W1 Kmr' ROdERr w ► pr ner vvne GAFLE C+if WHI 1 no S%w- Fee[ rear 6wit SAS To D&L'41 :O G1:.35M.NSF.MMF TR 15 5.02 AC Jr �U 7 36t41 VLB Account 8SO.1499" DEED GRANTOR: Veterans Land Board of the State of Tcxas, 1700 North Con rest Avera7e, Austin. Texas, pursuant toccthe Texas Veterans Land Act, as tin e= GRANTEE. Robcrt RR 15 Box 205 eMock,a'i7kC ;415-97109 CONSIDERATION: TWENTY.THOUSAND AND 001100 DOLLARS■••••••••• 52�,46� PROPERTY: All that certai 5.02 acres more or less, out of the Flu r of 5ectionj2 Bock. JS. A• I150, Original Grantce Mrs. J. F. hummers, more fullyy described in the Warrarxy �3e+ed so the Veterans Land Board date3 Mr y 5.1997. recorded in Volume 5457, Page 112, OffiW Real Property Records of LUBBOCK County. Texas; and further described in that Contract of Sale next Purchase dated Islay 5, 1997 recorded to Volume 5467, Page l 15. Ofrlcrai Real Property Co Records of LUBBOCK unty, Texas. Together with and subject to any and all casements and appurtenances as set forth or Pertaining ru the referenced deed and contract of sale. GRANTOR, for the stated consideration, does hereby rcldse and convey unto Robert Wayse Ke11ty & Gayyle Lynne Ke11e that certain tract of Iarldr more fully described in the above referenced Warranty Decd aril Contract or Sale and Purchase. This conveyance is made subject to any and all reservalians, exceptions and coadliionls contained to the deed conveytn the property to the Veterans d Board, the abort reference} Contract or sale an� LanPurchase and any subsequent severmsm >tnldlor assignments thereof. It is further subject to all easements, rights -of -way, aW prpctipdvc rights, ►rhet her or record or not: and all reslrklIons, reserroltons, coyenants, Condetnnal1ons, condIIlons, oil and gas iatses, mLac raf severances, a2rd other recorded instruments that affect the property. It is agreed and undcrstocxl that in the event that a ptented survey, of which the above described tract of land is alt. Comairu excess acreage Or that unsurveyed school lard is comined within the boundaries of the above described tract of yand, said Board -by the execution of this dead does not purport to grant or convey any right, title, or interest in and to such excess acreage or unsurveycd school land, WITNESS MY HAND AND SEAL OF THE VETERANS LAND BOARD OF THE STATE OF TEXAS, on October 11, 2001. p ��V r SEAL Dou as E. Oldmixon Executive Secretary. Approved as to Contents' DP T' VETERANS LAND BOARD OF THE STATE OF TEXAS NOTE: Thai inu rumen don wx Gcar the cupom+ry aci.nn. kilpmamt M a unary PAW r. Uadcr sec. 12.tla6 of to Ttaaa Go.antntw Code. lush ao actn kdicmrnt 4 bat teyuIrW w rww'C a trap from the ttatr that it =enrrd mW Sithatoklwd under the law m enea at the ilex thl greet to wade. Tie abort iminLoa tt .rag ezramed and ralhmimaW V tie MEOW provided for to Sec. 161.2N c4 the It *a tdutual Rexurm CadeOp, Tci. Arry. Gen. No. W W 4OX1PW1- SPATE OF TEXAS FI1 rn One+ r" .C^7 COUNTY OF Lusaoc f N r, .r..-..... MAP 40 is wwrr+an. rMer �.lwar Mwrr0 10 pL[ 1l A 24 �rewoeo.r. w.rr►w•e.abertie*ter wi.w r ua.s c..w a� r rr.w wn M Ara. x 4 �Y z— ryplfr 11tlt.l Yl evc� n.i+�r. r{laa ;� �� ������[�n��]/�■�� ttsxrt Ccs+wi *ter FILED AND RECORDED OFFICIAL PUBLIC RECORDS 14) Kelly Pinion, Count yy Clerk Lubbock County, TEXAS 06/27/2018 04:49 P11 FEE: $82.00 2018024137 CITY OF LUBBOCK OFFICE PICK UP Resolution No. 2018-RO 152 RECEIVED APR 1 8 2018 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU M '� ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS Fll�i 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 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 Ueu Of Annexation - 2018 Page 5 Section 20 — Entire Agreement. This Agreement constitutes tale entire agreement between the Parties and supersedes all prier 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 Agrccmcnt cannot be mod tied or amended except in writing signed by the Owncr 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 forcign terrorist organization. The Parties hereby enter this Agreement on. "4j 1 iJ�,f( �`[�1 , 2018. For the City: DANIEL M. POPE, MAYOR SIGNATURES For the Owner: [•t rldieirpned O»vters sispt the attacked "Exhibit A 11 'Ll I ) k'r, , . V, n 1 1 OWNER'S S GNA URE OX'N R' PRINTE NA E Development Agreement In lieu Of Annexatic n - 2018 Rage 6 ATTEST: /I Ile I�cbc C:4 Garza, City Secretey APPROVED AS TO'CONTENT: Steven []'Neal, Dircct�r of Deve[npmei�t Services APPROVED AS TO FORM: a Justi ruitt, ssistant City Attorney Development Agreement in Lieu Of Annexation - 2018 Page 7 NOTARIZATION State of Texas § County of Lubbock § This instrument was executed before me on 2018, by .0, !T3 uA &L nl-the City of Lubbock. a Texas municipal corporation, on behalrofsaid TILE corporation. ata Public State of Texas § Count), of Lubbock § JENNIFER SO ER CLEMENTS Notary Public, Stale of Texas Notary 10112497068-3 fly Corrmissioa EVires 06-28.2020 This instrument was executed before me on Y 2018, byt.(LVI i j Ifi��icrl , hAI V. %Ahl£ - pR'!IL on behal f of said Owner. "�� r'tff Notary Public When Recorded Return To: City Manager City of Lubbock, Texas 1625 13"' Street Lubbock, Texas 79441 E MIRANDA YOUNG .-A Notary Public. State of Texas 'v= Comm. Expires 11-29-2020 Notary 10 130915795 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 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. 2018-00050 Located in Section 12, Block JS (5.02ac) a 500 JS-12 oUTOO> ci.rty I.040,S LEGEND M R139729 (+.U_'ac) Exclusion Section Lines Parcels Lubbock City Limits ;z 1 I 1 �ara---------- .war r.n a m w n r arwr� R139729 E E BLK J5 SEC 12 AB 1350 TR 5 e N ORi .F QRD A • S. 2. ■ Q!lK1.q I wwwwwwwr���wrMrww� ■ Q ■ � i R r ■ rW r a ■ ■ z i RSULINE ST ua��a�_�_ arr.awr � _ � ■ �wRasww�wArr rwrv� • I ■ ■ �wwrrwiw� ■ ■ ■ r ■ E �wwrwiwrr� r ■ r wwwwrwwrrrwr� E Maw E ■ E ■ � I E r I N ���wwwwrrwrrwr ■ r ■ ■ ■ ■ ■ ! r ■ ■ ■ ■ ■ ■ liwwkrr wrwwwr w q w w, r w �ertea w A +.+.r 4r w �r.ws r..w..ay.r `rsw • r �w...i w ['sh �� e..:w e�.ww.+w ��a•v.+n rw�:m r�rw.:vws.w�wwww ,;pLubbock it"I an ar'dul is vuouc Access > vroperty ueuau Property Owner Property Address 2017 Assessed Value R139729 KELTON MARILYN KAY 2501 N FRANKFORD AVE, LUBBOCK, TX 79416 $102,737 2018 GENERAL INFORMATION 2017 VALUE INFORMATION Property Status Active Improvement Homesite Value $111,312 Property Type Single Family Improvement Non-Homesite $0 Legal Description BLK JS SEC 12 AB 1350 TR 5 NORTH FRANKFORD AC: 5.02 ----- --- _-___._Value Neighborhood 1100A-Var Res In Nbad 1100 Total Improvement Market $111,312 Value Account AC54012-91350-20050-000 Related Properties R51299 Land Homesite Value $4,300 Map Number 559 Land Non-Homesite Value $0 2018 OWNER INFORMATION LandA ricultural Market Value $17,286 Owner Name KELTON MARILYN KAY Total Land Market Value $21,586 Owner ID 00123466 Exemptions Agriculture Use, Homestead Total Market Value $132,898 Percent Ownership 100% Agricultural Use $273 Mailing Address 2501 N FRANKFORD AVE LUBBOCK, TX 79416-9699 Total Appraised Value $115,612 _ _-._-_ Homestead Cap Loss -$13,148 Total Assessed Value $102,737 2017 ENTITIES & EXEMPTIONS Special Exemptions AG - Agriculture Use TAXING ENTITY EXEMPTIONS EXEMPTIONS AMOUNT ; TAXABLE VALUE i TAX RATE PER 100 I TAX CEILING GLB- Lubbock County $16,500 $86,237 0.358158 293 — HSP- Lubb Cnty Hospital $16,500 $86,237 0.109778 0 SFR- Frenship ISO HS $35,000 $67,737 1.49 972 I WHP- Hi Plains Water $16,500 $86,237 0.0069 0 TOTALS _. _ .... - --- - --- _ 1.964836 - 2017 IMPROVEMENTS V Expand/Collapse All Improvement #1 State Code Homesite Total Main Area Market Value - En Real: Rural Land not Open -space and Residential P Yes 1,406 Sq. Ft $73,540 ECORD TYPE -R--- f YEAR SQ '' 1 VALUE ADD'L _ _1_INFO 1 MA - Main Area 1996 1,406 _ $64,648 m Details 2 SHP1 Residential Shop Building 1997 1,200 $8,892 v Details Improvement #2 State Code Homesite Total Main Area Market Value E - Real: Rural Land not Open -space and Residential _ Imps Yes - $37,772 RECORD TYPE YEAR SQ VALUE T ADD'L ---- - --- --- BUILT __ - -- - - - - - -- INFO 1 BN4 - Barn 1996 5,600 $37,772 a Details 2017 LAND SEGMENTS LAND SEGMENT-1-_._.__-- i- TYPE I STATE CODE HOMESITE -MARKET AG USE 1- -- - - ---T� LAND SIZE ------ 1 - Dry Crop D1 - Real: Qualified Open land VALUE LOSS -space No $17,286 $273 4.020000 acres 2 - Residential E - Real: Rural Land not Open -space and Yes Residentiallmps - $4,300 $0 1.000000 acres TOTALS 2113,671 Sq. ft / 5.020000 acres VALUE HISTORY hNn•IAnhhnr4rarl nmlpmnc,'h�_rlafafl9Pmnorf�erliBrkRotlM_R1ZQ79QRPwrfi�l'1nlr4pofll�_f1MT3dRR aiiarXuld rumc Access > emperty uetaii ! I YEAR I IMPROVEMENT I _LAND ] MARKET I AG MARKET I AG LOSS 1 APPRAISED $4,300 HS CAP LOSS I ASSESSED $0 $93,471 SALES HISTORY DEED DATE SELLER BUYER INSTR # VOLUME/PAGE 4/19/1996 .._ CRAIG KIM R KELTON MARILYN KAY 1996.12629 5150/71 ...--1.1... ............ ... 12127/1995 ....... _ _ __ ___-....,. F A B INVESTORS INC __..... _.. _.._._.....I... .... CRAIG KIM R - 5047/106 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. Tile 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. hffn•/Aiihhnrlrrartnm1Pmnarhr.tlafa119Pmnori%,n,arkRatrrl=Qi'3Q790RParhrfLdrirQann=rSr)iWAAAR 919 5.02 AC TR 6 - zsol H Fw,rlleroso avr, e.unnacK, rx 7Pi;6 - - - raxaartalI0 fi1,391,22 Assessed valve $132,99E Ov *r Name MTON MARILYN KAY ! S class RF4 se O'Enp 1,406 SUMO Fell Year ftn 1996 - Tax District B GI.B,SFR,HSP,WNP 6.02 AC � [V 525.75' TR 4 4-A 2.51 AC 2.51 AC 0 ci 1 fbt Raton tot 1lartlya Kay Beta Z`) i c>'/66541•S Ml V. yraakdord Avenue 5150►�a U Lubbock, Tetras 79416 roL •fir ( /4OAe/ WARRANTY DEED WI'i'H VZNDOR'S IM Data April is. 1"6 +; ! Gmaniat KIM R. CRAW. a mutbd I, , but eat basin Mood by my go hr do mason dat tba ' bneio daerlbed p Wary is to now. tam hat it am comttaaW any pan of our homasod. { Gnotaes MARILYN KAY KEIM OrmaWs Maflb* Addicts Oododltt comylt 2301 N. FraWatd Aven t. Lubbock. Lubbock County. Tern 79416 ComWaadew S10.00 and alter pod and vale" coenWassioa, to Gann bona paW. and segued to be peW by Oranme bmist. the raeips sad wftkicaq of obicA It barby ackoowledpd and eonfeaad. sad *4 halo considersdon of On sum of SStM.00 bas bom paid by But Ow Mcnpape Corpornioo at the spat of sht Gnaw bmbk sod to evidence the iadebtem! m for do snm w advaac , . the Go ome bat aommd and ddi+rero 11 am cutaio prombma y am of eves deta bae+sW In the priodpd anti of Sbp.0W ft bmbq to m sr dm rate tbaela so comb. and p pbb w the order of Sax Om Moap p Comporsdoo ts dnserlt poovfdod, mrpith poke b saeutsd by both dad of arm sod vendor's Hen co the Fropaty baba ooavayod. sod saW ante eoarafm tho usaU provisiow ror aceeleruim or muunty sad stsorosy's foes. property Oada ft mq to mCumb)t i i The SURFACE ESTATE ONLY of a pact our of the Ent put of Swim 12 Wock JS. Lubbock Countq. Teas. mr ben NiN Te. 6mg desaibod on Exhibit A ntsesed besao sod tuade a pan itstsrvadoom hm and Rtctptim to Co"Is as and Wwrimp } SUBJECT TO reruiaive env I I n as oul is bsna mt of r000ld is Vetumo 4M Pape 334 of the Red progeny Rmotds of Lubbock County. Tenn. THERE IS EXCEPTED HEREFROM % of the oil, ps sad other minerals 1aao6, raavod by pmneeoeaots In dde s sa not In hwtmnmt of smoed in Vobxw 4W. peps 211 of the Rol property Rands of Lubbock Canty, Team. SUBJECT TO any pottioo of dit h Wa vr" the firma or bound Wm of say public of p tmo wadevay. Gnaw berda msuma the paymeas dell aka for then yak 19%. Gnaw. for the Comiksiolm and subject to tho Rwmdow hom sad Exaptiom to Coavtyamo sad Wanany, grouts, esib. pad eoameys a Osaamo tht ptupeny. tatetbw +rind all and sbfdw the slpitt and I appwtmaaow dsrawo is wVw bdomOS to lava and bold it so Orsom Om ma's bda, tattnam. admhbamu% sttotsaaea w ttrat m 1xnw Gc=x bbb Gnow and Ongsoes bdm 4%wmm sdeeirelsas0oma. ad stamtssasa to UMM pad Stsemm delmd 80 and slap Aw do Flopaq to Onaoas sod i l Oetaft's Wet, sotamomt. &&WWdntom a iamemom. and aalpas. apha @my pttroo rbomsoema bulYlly t: oe 5150im *mad samodow a ewayaw ad won" Ik VOW& UN aOM ed SWWW dCb la *A hW" in bw at b Wj ON wd "M OW 000" b 6W PM Bmftft 10 6 "On. 4 UM dw dis &W @W boom - - - L4. MU L I* Aft. R. CLM of Ta TANDOLUM AM W"V=6 I.C. I= na Ala LImmoi I 515�na .73 SWWACE ESTATE ONLY: A UW od d r es n 1 dd�S, A Lubbock Cary. �aa Ntsr�a 1�OQ aiphY IAis .tF &�a aaCt raoeiaidi+Yoiaane 4060. Papr 21/. OQkW Nsrt Fropeny Records d Lubbock Couray. � saAl a61mg kvVW OsecADs I as b-A t SEOLNMala1/trodbudInthaSo0I'm th-seld2330weUactand itvhaRwtdWayErdFAIL Noad 2US p10nA Fraddad Avaw) as reseeded h a RVA d Way Dead recorded b Vduaa MW PSW 2% Lubbock "M. ONd Nacarda for ft $memo Come► of wh UK% fan WAMOS a bud str and at tfa Saudunt caner d l* 238.a9 aaa fact bans S.0'od C W. IMS pal hom ahof a bled shod spbaof fir Soud"o anw d Section it Block JS bow S. s9,"w E.03 krt bIFNCE K »atser2er W. oao pet so a bond /rr rod br the sou3wew caner a tN. aaet THENCE K O- 3a' E 227.9E he to a f/S rod land for nr Naflmm mow d wr fact ' T1dNCE A 00'66'20' E. 00o A1M M a 1J2' cod bud h dr Fsa tar d dr said 230.e0 aaa aaet and lke WMe m d tw S33 e? baae K OOSir E, lisf 3T pet fW ian+Mr�ratlrawt 6iArAyNaYnMt T1ERC8 S. 0'00W W. MAbthe fW bdlhe 23ie9 am aaq and dr Wed Wt d Wayb d F.AL 2M 227.0611U wtlr PLACE OF SE01r+RJ9, ' STMOFTOM rCOLU.wOF aue..r �i'ti o�r wrii+ar'si��wr.1r �MMIMM���•�4yr'�wr FILED toll RECORD u �rx 19 2 34 PH'96 .+w.r �Qa..a:ts..► =n Kum FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kolly Ptnlon County Clerk Lubbock Coun�y TEXAS 06/27/2018 04:49 PM FEE: a90.00 2018 294138 CITY OF LUBBOCK -- - - — -- - OFFICE PICK UP 2018924139 I 18 PGS ` lAGR``IEE Resolution No. 2018-RO152 1111 K 01�f1 �IlY ATW 44*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 Anri126 , 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 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 Ueu 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, 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 compiles 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 Sill 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 [ran, Sudan, or a foreign terrorist organization. The Parties hereby enter this Agreement on C��� 2018. For the City: DANIEL M. POPE, MAYOR SIGNATURES For the Owner: j:ldditio►► d Ownerssign n the mtuirhed "E"xhihitrt'f OWNS 'S SIGNATURE _ C Z1:2ee rlrf4 41GAl-7 Z Vo OWNER'S PRINTED NAME Development Agreement In Lieu Of Annexation - 2018 Page ATTEST: Rebe ' a Garza, City Secretary APPROVED AS TO CONTENT: r Steven O'Neal, Director of DeveIopment Sm,icc:s APPROVED AS TO FORM: lest Fruit . Assistant City Attorney Development Agreement In Lieu Of Annexation • 2018 Page 7 NOTARIZATION State of Texas § County of Lubbock § This instrument was executed before me on 2018, by , NAf1F -q&V4W-.t,— of the City of Lubbock, a 'Texas municipal corporation, on belial f of said T] corporation. Ck*'4'&6 NotPublic State of Texas § County of Lubbock § JENNIFER SOWDER CLEMENTS Notary Public, Slate of Texas Notary I412497460 flyCamiriss ExpiresO282D2o This instrument was executed before me on 2018, by 6 DATE N%1'-R on belial f of said Owner. �,.•. NORAIRrAS + Notary Puhiic k STATE 4F TEXAS Notary Public My Comm. * 28a 0911112021 2 rsoxt When Recorded Return To: City Manager City of Lubbock, Texas 1625 13"' 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 Owner Name — Signature Development Agreement In Lieu Of Annexation - 2018 Page 9 Chapter 43 Agreement for Annexation No. 2018-00050 Located in Section 11, Block 35 (11.4ac) N W+E S j� w krlrrsrrrwrfnrrrrrrnrrfarai is-1.1 �rrrrwwy � I ■ ■ 1 ■ r ■ ■ ■ �rrrfrrrr/ r jr . i ■ 1 iwrwwww------ ■ ■ r rMwrww�yww wrrwr rw wMirMr rr May ■ ■1 ■ r ■ =an= �I ■ ww wrwwww rrrww ww �rww ww ww wl 1 ■ ■ ■ I ■ ■ jr rrrwwrMwwwww „ r r 1 � i � r r ■ {rmet i+r ia"W45M0MMok wwrr�wwwrr�rr�a�rrwrrr■ ■ ■ j■ � li R47t}1B i i BLK JS SEC 11 AB 343 TR A3A1 LESS S1SO' i - - r ACS:11.4 Hamm � ■ �rrrrr rrwow-w...................... u...... wwwwwwwwwrwrrrrr�r�� CR 6404 ; URSULINE ST ww wwwws� r 1 ■ � IQ � IQ ■ 1 04 r ►--R ■ j ■ I .. o ■ ■ 1� ■ a � 1 ■ j 1 Feet ■ j 0 500 1000 LEGEND R4781 G (11.4ac) Exclusion Section Liucs Q Parcels C.Mov Lubbock City Limits r l.rwrrfN[rase ,v�i �iaLruCiC+fi •.ri:.v�I:r.�f�r H:.f�1I]v<�R wa.�r.�i .a1 >Y=h `rllEw+M i�x+rw ., 01). of rvr..ow]+e..�bra.eaw .rrw r.r+.nww��+na.m.>o�ee a.r+. pwi w.q .a Lubbock .a.w.,�K.� �....�.��a•°� TEJAt 3/13/2018 Public Access > Property Detail Property Owner Property Address 2017 Assessed Value R47816 MONTALVO, ELIZABETH H - $4,446 j 2018 GENERAL INFORMATION 2017 VALUE INFORMATION Property Status Active Property Type Agricultural Land Legal Description BLK JS SEC 11 AB 343 TR A3A1 LESS S150' ACS:11.4 Neighborhood 0801 -City Of Lubbock Account AC54011-90343-00225-000 Map Number SS8 2018 OWNER INFORMATION Owner Name MONTALVO, ELIZABETH H Owner ID 00191761 Exemptions Agdcuhure Use Percent Ownership 100% Mailing Address 10822 ROCKY TRL SAN ANTONIO, TX 78249-4131 2017 ENTITIES & EXEMPTIONS Special Exemptions AG -Agriculture Use Improvement Homesite Value $0 Improvement Non-Homesite $0 value Total Improvement Market Value $0 Land Homesite Value $0 Land Non-Homesite Value $0 Land Agricultural Market Value $ZZ800 Total Land Market Value $22,800 Total Market Value $22,800 Agricultural Use $4,446 Total Appraised Value s0 Homestead Cap Loss -SO Total Assessed Value $4,446 TAXING ENTITY IEXEMPTIONS EXEMPTIONS AMOUNT ' TAXABLE VALUE TAX RATE PER 100 TAX CEILING GLB- Lubbock County $0 $4,446 0.358158 0 HSP- Lubb Cnry Hospital $0 $4,446 0.109778 0 SLB- Lubbock ISD $0 $4,446 1.235 0 WHP- Hi Plains Water $0 $4,446 0.0069 0 TOTALS 1.709836 2017 LAND SEGMENTS LAND SEGMENT STATE CODE MARKET AG USE i HOMESITE LAND SIZE TYPE :_�.._ — -- 1_ VALUE _ LOSS - D1 - Real: Qualified Open -space 1 - Irr Crop Land No $22,800 $4,446 11.400000 acres TOTALS 496,584 Sq. ft / 11.400000 acres VALUE HISTORY YEAR IMPROVEMENT LAND MARKET AG MARKET AG LOSS APPRAISED HS CAP LOSS ASSESSED 2016 $0 $0 $0 $22,800 $5,244 $5,244 $0 $5,244 SALES HISTORY DEED DATE 1 SELLER BUYER INSTR # 3/12/1999 HANSLIKJOE M & MONTALVO, ELIZABETH H 1999 9199 2/4/1999 HANSLIK ADOLPH COTTON CO HANSLIK JOE M & 1999-4455 4/9/1992 MC COLLUM JOE DON HANSLIK ADOLPH COTTON CO 1992-10644 12/28/1989 MC COLLUM JOE F MC COLLUM JOE DON 6/1/1986 UNKNOWN MC COLLUM JOE F VOLUME/PAGE -- 6202/313 I 6159/74 3836/246 3243/338 2199/135 DISCLAIMER Every effort h,ts been mark- to offer we inu;t rti:i orII oIId , our•c: in!+rrui.,IIon pu .,;I61a nn :)IV-w pao,, I"hc ir�krnn,111w. +_lurled (it) 'here pages has peen compiled by ;taft fioHn a Varwh/ of ,;rr:"r ' a:rd i" �r-rbko([ to rlrgn�;r_ V,vrrn:n:t •!ot-ice. It Lobbnrr: Central Appraisal District make; rtu tho rlijalrty. r;,rn �t, cnn1pl t_-ne,;, http./Aubbockead.org/Property-Detaii?Pmperty0uickRef D=R47816&PartyQuickReflD=00191761 1/2 3/13/2018 Public Access > Property Detail 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 assurne 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, deletiuns, errors, or defects in any information contained in these pages, or any failure to receive or delay in receiving information said or implied. http:lAubbockcad.orglPmperty-Detail?PropertyQuickRefID=R47816&PartyQuickRefID=OO191761 212 885.4' 1045.44' TR A-3-A-1 LESS S1501 11.4 ' r Tfa�snfl !➢ FunsfE V+tw O. w H/n.f O fils SCA "i a Mqr g6iR Taw DHMc[ S 150' OF TR A-3-A-1 F. I Fcc pn)Af 2.4 A(; F;7619 s u.aau "(9 ALVO, Fl1TJ1FFTM M Q 56uuf F-W 0 .4 CA-D SL9.k50 Hll� 1 AM a�aoeolwe NO= 70: 1sdta�a NsUhw. IM Md SUset. Utbo*. tx 79423-&M Tam 8TATs OF 2EM 1 t no ALL w OT � ?Rsilrltt COM22 OF LGEDM That we, JGs 11Alill! nR deaf in tar aeparat• y and estate and not joined bereln by sy »i a for the ressoa teas tLe heroin described property is not and Omer Las been any past of oar bwestead, or addseas belay 509 tortb Gardner Aneau@, LuLbocr, Lubbock County, Tara 79426, and MUM W. 829"MUM, daalisy la ajar,&:@ property and atata and sot joined herein by a4 bmbaed mV !os the "Property the basrls described p to sot and "Vet Las be" put of our bomastaad, try = belay 3413 flat Street, , Lnbbook County, Teams 79422, for and in coasidesstdos of tbo tun of TAs in SG/100 (=10.00) DOLLM and otbar valuable considsratloO to to is band paid by tbo reeai�! »blab Leis beraby acknowlN. WANULVD, out of IWV edged and coareeatedt estate,te Property WA have Granted, Sold and Coneoya4,-and-by tbsie j aka do Grant, Sell and Convey unto the p� nt R. »AtrO of wf teoa i+idpt Write, Mayaesville. County, Miaaossi 6 , a Las and ,&tat@, or Para" o! la &Vrw c oaonty Tatao, being doaarib,&d a talk . to -+eats nwr if-10.00 tract of land, nose or lea, located the elf of 1, J-ILubbock County irra� r@ pJee as y iLed is Warranty lay3At• Trustes, to Adolph sanslik Cotton ca., April 7. 19f2 and filed for record in Volume 7036, rags 246, im rsvpe;ty Darned; of Lubbock • Tara• to ubiab ;;!@;race is "I+hy am" for all le pnspoees. T .�tt ISSIZ1114,17.990 tract of land, more or two, located A- Sova f of see 11 J-!, LuLbook warranty Dead exeandcuted by Joe Taylor• trustee to Adolph Eanslilt Oattes Co., dated April 7, 1992 and �llad for record in Volume i426, rays 2", Da@� P;oPerty Records of Lubbock , Tesa, to ubicb t@!@rwa is hereby w,&9@-%r all 1 puspoees. �s ,& f val ssoosda of ZONWO Comoro arsr, to ash b at br Weft sot au SOM j al I ar. 2m cww n= is ym mnp to au trioibis sad :•oosdad sanwtsft aid cLO*-of-a r deeds, .sad chafe- -1 - toe road os , ..0rof tw*Ock aa 2Me s.00aN �1 tae otfsoe of ta. 20 auvs sm to MD the praaisas, togatbar •its au and oiagatar, the s!�!o wd . taesrto is balaoo " ssto the wa sLtU» x toe z o, bw balm foaoarat, ors tsar fta psopastr asd Mtatot toad wedob.:rbr Coars"Ves, oat dazir, aaataQlets and —AjWkZVbM, to ttarran! andvovww sets" au and tba said onto tabs said susha li a. NANZ OO bar and am• agatost steer parson ae%o q - I v !amour alstub4, oar to aUis the so*, or oar past tabaraot. tUiltags Car beaes tus its far at umb, lol>a3f � in obese w snw 1 ajae = of Wawa 1 'ilals ibslrsssat MM a0laar bafess w oaa tba � �M dq of ltatabr i!!!, br �lOs lsislis ta. j noun gone, ft"ae�ssr. s . REAL �a srs�sis+Ead: ' xy CONUOMIM amp s% . save s i Y • I c=w 0/ mum j u" UsatmMaEi br w� atlao�rL b a� on the % aq oR Matoi• itll�r f a'iu�oac � ru aah� ftps I I FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion Countyy Clerk Lubbock Co�n�y TEXRS 08/27/2018 04:49 PM FEE: aa90.00 2018HL39 CITY OF LUBBOCK - - - OFFICE PICK UP 2018024140 18 PGS AGREE Resolution No. 2018-RO152 1111 K Oil I I&LOALIC44169I Pill 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 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 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 Ueu Of Annexation - 2018 Page 3 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 fill 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 lbreign terrorist organization. The Parties hereby enter this Agreement on Y 2018. For the Cite: DANIEL M. POPE, MAYOR SIGNATURES For the Owner: IAddhiwwl Oiswers sigio the altuc•hed " f ahihit AV OWNR'S SIGNATURE /, �/ v OWNER'S PRINTED NAME Development Agreement In Lieu Of Annexation - 2018 Page 6 ATTEST: 0, at, Retie ca Gana, City Seereta APPROVED AS TO CONTENT: Steven O'Neal, Director oT Development Services APPROVED AS TO FORM: (-,4:) JLISD Prui , Assistant City Attorney Development Agreement in lieu Of Annexation - 2018 Page 7 NOTARIZATION State of Texas County of Lubbock This instrument was executed before me on ?�18, by ot,4. of the City of Lubbock, a Texas municipal corporation, on behalf ofsaid m corporation. 0A. Not t Public State of Texas County of Lubbock § JENNIFER SCWDER CLEMENTS . . Nofaq Public, State of Texas s: n Wary IN 12497OU-3 My Commission Expires 06-28.2D20 This instrument was executed before me on 2018, by MTV on behalf of said Owner. =.. HORAIRIA$ otary PuEXTE OFTE7[AS M 12OW 1119 11 Notary Public When Recorded 12et a rn 'To: City Manager City of Lubbock, Texas 1625 13`h Street Lubbock, Texas 79401 Development Agreement In Lieu Of Annexation - 2018 Page 8 EXHIBIT A — ADDITIONAL OWNER SIGNATURES All signatures listed in thus Exhibit must he accompanied by Notarization Owner Name — Printed Owner Name — Si -,nature ❑evelopment 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. 2018-00050 lffff fffffff fffwfwfwf ff ff� E E E ■ ■ if Nwf�f �rtwf wf ff ff ffffwwA:■ CR 6400 Located in Section 11. Block r7S (25 r R77422 r ...J SLK JS SEC 11 AS 343 TR A3 LESS S150' r ■ ACS:25.59 f wn �r r. s.xwrvr Ri4� n r j s.rnwaw�- ■ ■ I ■ ■ r ■ r ■ ■ ■ r r ■ ■ E ■ E ■ ■ fgrfffrfff�fwfwffffrff wfrwfr�f�fwwwwwwfww�f��(i��f��s. .. .. •.� I I Ip I� I I� 1� 1 1 1 Feet i ❑ S90 1000 w. �..w.w.w LEGEND M R77422 (215.59ac) Exclusion r—•-- Section Lines Parcels MM. J..M Lubbock City Limits moll 7rr ...cTcw. Y.� YAa.:.+r._ ;i]vr^�yl•. �CW1CI�H�G...n...:.+t w'.�r,;.pn ti<.cr..b ... "!� lily ��f +..r...,rw�..=r+•_mQa rr+ara.wr.n.s..+*rsr�w....aa�. �a.....r aa+r+.e Lubbock till 3/13/2018 Public Access > Property Detail Property Owner Property Address 2017 Assessed Value R77422 MONTALVO, ELIZABETH H - $9,980 2018 GENERAL INFORMATION 2017 VALUE INFORMATION Property Status Active Property Type Agricultural Land Legal Description BLK JS SEC 11 AB 343 TR A3 LESS S150' ACS: 25.59 Neighborhood 0801 - City Of Lubbock Account AC54011-90343-00200-000 Map Number 5S8 2018 OWNER INFORMATION Owner Name MONTALVO, ELIZABETH H Owner ID 00191761 Exemptions Agriculture Use Percent Ownership 100% Mailing Address 10822 ROCKY TRL SAN ANTONIO, TX 78249-4131 2017 ENTITIES & EXEMPTIONS Special Exemptions AG -Agriculture Use Improvement Homesite Value $0 Improvement Non-Homesite $0 ----- — Value_ Total Improvement Market Value $0 Land Homesite Value $0 Land Nan-Homesite Value $0 Land Agricultural Market Value $51,180 Total Land Market Value $51,180 Total Market Value $51,180 Agricultural Use $9,980 Total Appraised Value $0 Homestead Cap Loss -$0 Total Assessed Value $9,980 TAXING ENTITY EXEMPTIONS EXEMPTIONS AMOUNT TAXABLE VALUE � TAX RATE PER 100 � TAX CEILING GLB- Lubbock County -1 $0 $9,980 0.358158 0 HSP- Lubb Cnty Hospital $0 $9,980 0.109778 0 SLB- Lubbock ISD $0 $9,980 1.235 0 WHP- Hi Plains Water $0 $9,980 0.0069 0 i TOTALS 1.709836 2017 LAND SEGMENTS LANDENT STATE CODEI_ _-HOMESI� MARKET — -��AG USE - - I LAND SIZE - TYPE _ ]—VALUE LOSS 1 - Irr Crop D1 - Real: Qualified Open -space No $51,180 $9.980 25.590000 acres Land TOTALS 1,114,700 Sq. ft / 25.590000 acres VALUE HISTORY YEAR IMPROVEMENT LAND 1 MARKET AG MARKET AG LOSS 1 APPRAISED r HS CAP LOSS ASSESSED 2016 $0 $0 $0 $51180 $11771 $11,771 $0 S11,771 SALES HISTORY —DEED DATE SELLER 3/12/1999 HANSLIKJOE M & 2/4/1999 HANSLI K ADOLPH COTTON CO 4/9/1992 MC COLLUM JOE DON 12/28/1989 MC COLLUM JOE F 4/1/1983 UNKNOWN BUYER INSTR # VOLUME/PAGE MONTALVO, ELIZABETH H 1999.9199 6202/313 HANSLIKJOE M & 1999.4455 6159/74 HANSLIK ADOLPH COTTON CO 1992.10644 3836/246 MC COLLUM JOE DON - 3243/338 MC COLLUM JOE F 1829/235 DISCLAIMER EvCry &for( leas he,.-r made tt: offer nue m':),r rurrs°r,t w A :ollort pc•..11k, on the se Tne uticrl �narior Irut caul 1n, were pagas has boor COrT'0110 d i;y C".0 =r -.!aft fi oo .t '. if l('hl tiGU : _ _, Anil P� 17'WE- LJbiri '. Central Appraisal Oistn[t ntdkcr no v:au ?n:'eS r:r r .r: ,rnt:ulorts wha[SU , httpJAubbodccad.oMMmperty-Detail?Property0uickReflD=R77422&PartyQuidcReflD=00191761 # 112 3113/2018 Public Access a Property Detail 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 assurne 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 otter cause associated with access to this application. The Lubbock Central Appraisal Oistrict 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. httpJAubbockcad.orglProperty-Detail?Property0ulckReflD=R77422&Party0uickRef10=0O191781 # 2/2 No Text 1/171-T' . _-- AF1EA RECt3fOIHG RE URN TU: Lvdmcs Moldwe, 2724 82nd Street, Uftcck, TX 79423-1471 r 9199 rss BTATI Cr 1'ZXU = T.101r ALL MU IT SSISY P19213lS'1 I � I That ►rs, JOI MARM X&MiLI1, daaling in =y separate property and ostat■ and not joined herein by sY wile for the rsaaon that the borein described property is not and never ham bean any part of our homeaatead, my addrmas being 302 North Gardner Avenue, Lubbock, Lubbock County, Tana 79416, asd RWJU N. STZ"33 Ste, dealing in My separate property and ■state and not joined bereia by wr husband for the reason that the heroin described property is rat and owwar has been any part of our homestead, my addrsaa being 3412 71st Street, Lubbock, Lubbock County, Taxes 79423, for and in consideration of the era of TIN AND 9O/100 (310.00) DOLLAR.B and other valuable consideration to um is hand paid by ILIUBM 8. MONTALVO out of her separate property and stale, the receipt of which Is hereby acknowledged and confesradj have Granted, Sold and Conveyed, and by these presents do Grant, Sall and Convey unto the said MJKLBRTU X. MOU=VO of 402 atons Ridge Drive, Waynesville, Puliaki County, Missouri 65583, as bar aepasata property and estate, all that certain lot, tract or parcel of land situated 1a I County, Texas, being described as follows, Oituet: .rTRACT 1t Eeing �10.tract o! land, sore or lose, located in the souof SogUon-1, bloc -a Lubbock County. Texas, and being more particularly[_J described is a Warranty Deed exacutod by Joe Taylor, 'Trustee, to Adolph 8analik Cotton Co., dated April 7, 2092, end filed for record in Volume 3336, Page 246, Real Property Records of Lubbock County, Texas, to which reference is hereby wade for all legal purposes. i TRACT 2s being a';;91r0 *re tract of land, eon or less, located In 1ha South Valf of 8ectloa 11, alock J-R, Lubbock Coal y, Taxad, and being s+o—ro—p—ar-Elcalarly'-640eribod in a Warranty heed executed by Joe Taylor, Trustee, to - Adolph 8analik Cotton Co., dated April 1, 1992, and filed for record in Volume 3336, Page 246, Real Property Records of Lubbock Counttyy. Texas, to Which referiaws is harshy for all legal purpaess. TRAM I be 20.00 acre tract of land, mnrm or less, located I n Louth -ilel! of 8e�lr m-;U4p 4lock _ -9, Lubbock Coca Suess, and being more partieularTr �ieeribed in a Warranty Deed executed by Joe Tar10r, zr+nte+, t0 Adolph sanolik Cotton Co., dated April 7. 2992, and filed for record in Whims 3936. Peep 2". Real Property N R+soords of LuDboot ", Tons, to which rafesraae is or b*Zft add@ f.0 lig I UI N s. 2=6 aoM:J = Is SM sIaer to all visible and recorded esswsts and rLebt-ol-mw 6rsds, and deeds apsculed for cord or Oof ,kaay,�ssho�of•seooN is the Oftia of the with an and singular, the rights and spnmtanaxas there" ilk amenrise beloow onto the said ntuasls a. Norm", ser hairs aaa �s forever, so bar sepasaee property and estate; and we do ba hlii antseIves, ow 1 , eseeutors rod adainistsetore, to i Van -ant and forever Defend all and singular the said ppramisas Unto the said tLlthatTB a. M WMVO, bar hairs and assigarI egaiast every pareoa whomsoever lawfully clai:lag, or to class the same, or any part thereof. WrB=a our has& this nth day of March, 1999. Illdw7lw„� � MiRSa sari: i SEAL aarua . asaeao�aar � to auto or tans � 000st: OF Loamm thi,O l s instrmnwa st s sokaorledgsd before me os the :9—t a. day of Xerob, 1999, by am MaaM amaLia. Obtaty Public, state` of Tamar ' � sofa •s sama�imtad� garcommumift mp si Page AM • ii 0202=315}I ms tram at•msis I Cows Or Zola= sbla ioslsr wt w. aefMorlodprd b.two m m tbs .:�m dq •: of mmmb, lots, by sera r. sss+msOs. . stat. at l+rir �IL, sot �s sM sqd: OFMA rrrrr�.rr FILE! FOR alcoxg reelmirp„� rwrM* Mm ftV b FILED AND RECORDED OFFICIAL PUBLIC RECORDS * i c_ Kelly Plnion County Clerk Lubbock County TEXAS 06/27/2018 04:49 PM FEE: $90.09 2018024140 CITY OF LUBBOCK -- .OFFIlCE PICK UP 2018024141 l 1s PGs AGRuuE,,E`` l Resolution No. 2018-RO152 ,III ro, N K All �Rrk lA faiMiI UPI 11111 IIII 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 Ueu Of Annexation . 2028 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 - 2016 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 Tenn. 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 My 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 14 — 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 Ciy 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 ueu 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 Parry 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, shrill he incorporated into, and deemed a part of, this Agreement. Section 22 — Modification of Agreement. This Agreement cannot be modified or arncnded 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 � � ' , 2018. For the Cijy. DANIEL M. POPE, MAYOR SIGNATURES For the O'v►ner: 1,4dditit►nal ❑waers sign the attached " Exhihit:1 J O'L R'S SIGNATURE 4V6e fA k�7Z)A6al Vo OWNER'S PRINTED NAIVE Development Agreement In lieu Of Annexation - 2019 Page 6 ATTEST: Reb kc u Garza, City Secret ry —) APPROVED AS TO CONTENT: Steven ON —cal, Director of Development Services n.9.9,c+� D1 11M %Is- 0II-MIT" tin ruitt, Assistant City Attorney Development Agreement In Lieu Of Annexation - 2018 Page 7 (tllrllj � J• `ttlttlt'iIl {� � NOTARIZATION State of Texas § County of Lubbock § j This instrument was executed before me on 4&Ad U1 2018, by , p,�'y'E M,111E of the City of Lubbock, a Texas municipal corporation, on behalf of said corporation,". JENNIFER SOWOER CLEMENTS * * Notary Public, State of Texas Notary i6# 12497068.3 NtrY Public -- } b filly Commission Expires 06.28.2020 State of Texas § County of Lubbock § This instrument was executed before me on 201 S, by �Vl Z on behalf of said Owner. ►►AAAAA M1*pY P , NORA lFi1A5 ry t r� �• NotaPublic w * STATE OF TEXAS Notary Public My Comm. iso a 12rxa21 vvvvv When Recorded Return To: City Manager City of Lubbock, Texas 1625 13" Street Lubbock, Texas 79401 Development Agreement In Lieu Of Annexation - 2013 PaFE! 8 EXHIBIT A — ADDITIONAL OWNER SIGNATURES All signatteres listed in this Exhibit must be aern►nptinied by Notarization Owner Nanie — Printed Owner Name — Si(=nature Development Agreement In Lieu DF 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. 2018-00050 Located in Section 11. Block JS LSAILIS it (� r and= ■ r lei ■ 1.,III] N W+E S rQ r� I� - - i 1w is r' I� i i ! I' IN ....... r r r I . I i r r r I i i i r ■ ■ �r t■i r r i r ■ ■ ■ r ■ r r r i r r ■ r e e i r _ _ _ 1 ■ r ' J-S3 i .._.rrra rr r.rwrr.a r.rr rra.a.... rw_ rrw...MINOR rwwr.rrrNP L._._._._..r._,_._._----._. M.I LLME ,5T,_..r._._._._..... r i da ■ Ip r ■ j r r r I r r j I Feel 500 Lubbock 1nrs LEGEND ® R77453 (3.8ar) Exclusion �•�Srrtion Lines Parcels INNINNI t.11hh❑ck City Limits ��•-J`:•:J�w•�.�"d�F'�a'��C•M'h/Niww+HiM �.-y•a�Jl4a'ret�.-..t ..�• •� �.n+l.a s..f 7.M.A ^. �M1 yi am. an a...�a �...4 H+++■� r..a... �� N.4.� a.enw n/ .sue-r..+ .a r..v..�.. •w.. w•w a v�e.�� xw Public Access a Property Delail I ..1, ,. .. , . Value R77453 MONTALVO, ELIZABETH H - $1.48Z 2018 GENERAL INIFOR MAT 10IN 21117 VALUE INF{, PMA- . Property Status Active Improvement Homesite Valut,. $0 Property Type Agricultural Land IrrtpraVernent Non-Homesrte so Legal Description 8LK J5 SEC 11 A8 343 TR A3A LESS 5150' ACS: 3.8 Value Neighborhood 0801 - City Of Lubbock Total Irnpr ❑Vement Market Value SO Account AC54011-90343.00220.000 Land HonieSlte Value s0 Map Number 558 2018 OWNER INEORIAA.T1ON Land Non•HornesiteValue s0 Owner Name MONTALVO, ELI2ABETH H Land Agricultur,1I Market Value $12,160 Owner I❑ 00191761 Total Land Market Value $12,160 ExernptrQns Agriculture Use Percent Ownership 10096 Total Market Value $12.160 Mailing Address 10822 ROCKY TRL 5AN ANTON1t7, Tx 78249,413i Agricultural Use $1,492 Total Appraised Value s0 Home5;ead Cap Loss -SO Total As iessed Valt( $1,482 2017 ENTITIES & EXEMPTIONS Special Exemptions AG -Agriculture Use TAXING ENTITY EXEMPTIONS , EXEMPTIONS AMOUNT TAXABLE VALUE TAX RATE PER 100 TAX CEILING GLB- Lubbock County 50 $1.482 0.3S8158 0 HSP- Lubb Cnty Hospital s0 $1,482 0109779 0 SLB- Lubbock iSD so $1,482 1.235 (Y WHP- Hi Plains Water s0 $1,482 0 00C)4 0 TOTALS 1.709836 2017 LAID SEGMENTS LAND SEGMENT TYPE STATE CODE HOMESITE MARKET AG USE LAND 512E VALUE LOSS 1 • Irr Crop D1 - Real. Qualified Open --ace Land No $12,160 $1,A$2 3,8(3{]000 acres TOTALS 165,528 Sq. ft 13.800000 acres VALUE HISTORY YEAR IMPROVEMENT LAN1) MARKET AG MARKET AG LOSS APPRAISED HS CAI' 1.055 ASSESSED 2016 S0 SL1 $o $12.160 $T,748 $1.748 srY 11,748 SALES HISTORY DEED DATE SELLER BUYER INSTR # VOLUMEIPAGE 3/12/1999 HANSLIK j0E M & MONTALVO, ELIZABETH H 1999-1199 6202/313 2/4/1999 HANSLIK ADOLPH COTTON CO HANSLIK JOE r 1 g 1999-4455 6159174 4/9/1992 MC COLLUM JOE DON HANSLIK ADOLPH COTTON CO 1992.10644 3836/2411 12/28/1989 MC COLLUM JOE F MC COLLUM JOE DON 3243/338 911IT986 UNKNOWN MC COLLUM JOE F 2304/194 I7 I SL LA1lul I- It http.InLibbockcad.orgIProperty-Detail9PropertyQuickRefID=R77453 1/2 3/1312018 Public Access > Property Detail accuracy or adequacy of such information an,,'da:a. The Lubbock Central Appraisal District t.esmes the tigllt to make Changes at any time without notice. Original records may lifter 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 :^ritit access to these pages, including but not limited to risks of damage to your computer, pedpherais, software and data tt om any virus, soft,vnre, file o: other cause associated with acces, to this application. The Lubbock Central Appraisal District shall not he liable for any dainages whatsoever arising out of any cause relating to use of this application, includine, but not limited to mistakes, artlissiuns, deletions, errors, or defects in any information rontailwd in ti)ese pages, or ,,ny failure to aereiv( or delay in receiving information sa"d or implied. http://lubbockcad.org/Property-Detail?PropertyQuickReflD=R77453 212 � I E213'OFTR2 1.115 AC (�y� iu"(%* ID h1zw A.�ad VdOw $ MIN 0nr* Name HOWAIVO, C»15 Soft LlNng 9 SOutr4 i •ff 5WM 0 lii Tyr P4st11c[ 74 Gl k 1.•_•:i�M1 I 3 i AC Fn• fin• B,SLB 348.48' ` S TR A-3—A I I I 3.8 AC � s I I EUZASM M I N! H 57, W NP S i5Q' OF I A-3-A LFSS ROW S 9Ar 5 150' OF TR t AFM FSMF G Amm To: Lftvwm Ib der. M e2nd'3tmt. Lack. tx 7elt7-MU INDAMUM 9iss wL67A2�ww3s3 T8i area os Tiiii � : Om in on bT =a 1RiR1lfst cowl or Loaum I That we, Jos MMU AWL—, is any separate property and estate and act ioia.d herein bq my,, !or t3. ra.sea tt�kt t!. Mrs" described property is cot and serer bas bean any pest of oar homestead. or addsees being cos North Gardner Avenue, Lubhnak, Lubbock County, Twat 7"26, and six= N. �f dealt" In or separats property and estate and not joined barele by spy hadm" for the swoon that the herein described fty is not ash Dover ban beaaam part of our homestead, ay ad being 3412 fist street, ZWAiOa, Lubbock County, ?came 7%23, for and in consideration Of the aim of M 3RD 80/100 ($10.00) DOLUM and other valuablea- NORMVD Oft _ consideration to us im band paid by receipt of whichhereby acknovle and her SOPOVIOU dressed;end estate, the have Granted, Bold and cbnM=Wia:-lbeZe preses}a do Grant, sell and Convoy unto theU. "MUND of)4p2 atcas propv4 amid ante,h Mineouri 6 sv# or �l 0! laid situated is Coway► tows, being deaoribed as to -nit: 2R1m li stia0 10.00 tract of laud, more or Inca, located the f of 1, blooC�J-ramy Uftoak County, Taos, and Ming abre cnlarTp'rlbed is a Warranty Dead executed by Joe Taylor, !saws, to idolpb NommIik Cotton Co., dated iprU 1, 1912• and filed for record IS volume 3836, page 246, Real lroperty Records of Lubbock Covaty, 2mms, to which saf4rasa is hereby made for all Ugd purpoees. I a�;0*4mv tract of Ind, acre or Asp, located In of >t 11 83esk J-s, tabbook being sore as �'OsiQribW in a Wirsaaty asenuted by Jae Taylor, Trustee t0 Adolph sasslik Cotton Co., dated 4rU 7, 1m and oiled for record in Yoluma 3, pegs 244, Records of Lubbock Opp, T4ams, to tlhi0h relarance busby for all legal pusybaea• TRiC�' !t 20.00 tract of land, moss or lap, lee" and beingaweportAgularsydonor"" la, a Warranty Do" 4=60ated Jos TgLas, Tspbt+p to 3dnlph 3ieas3ik Cotton as., apsU 7, im and filed for record in vole 3d36, 1*0 2460 Real ptopesty atumbmM snoatds of Leeboolc , tum, to stub sseerseaoe L bwaft as" foot ail 1 I ml A . sW Coopsum is dd sommm to aii tlauds and sseootdd sae.wata aad dshbPef-Vr deeds, aid daeda foe shed of ldoww a I, It ow, ataIsa! tr0ei�d L tlia Genesee tea to Yvv aob to aotD us pssedw, t000mm with sU and alnfelat, theta ae0 a0psu�teaaamM thereto As aasllise "Iso lq nets toa iu- . WOULto, bar ballin a� fo WW'u. me bat asesty and eatatel and use do and 1cc-gee Seemed all mad siagular the Said YitA the said SUSS M s. IMnLvo, het ULM meld asas�poe� agaloet � �persm+eDoa+oe*es tarlrllr elaisleq. aar to elela tbo aase, or in our boade this stb day of Merck Mv. =Mow2 s colds a rm000= 1 !Na soessueat um 11m�00plW4 ! O N , r a sae --c6L a. many ! ` Rtistate, of �.`� soea•a sate 1 2= Ss mmmd4 &Me bF mma FAUN, Mae AeA-S a NG we V FILED AND RECORDED OFFICIAL PUBLIC RECORDS 1 ' Kolly Pinion Caunty Clerk Lubbock County TEXAS 05/27/2018 04:49 PM FEE: $90.00 2018024141 CITY OF LUBBOCK - --- - OFFI — 2018024142 22II PGSAGREE Resolution No. 2018-RO152 ,III ri 7 i�``i INE I��CM�'I� c In 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 tenn "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 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, covering the subject matter of this Agrcement. 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 Ageement. 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 Agrcement 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 [ran, Sudan, or a foreign terrorist organization. The Parties hereby enter this Agreement on V-K t , 2018. SIGNATURES For the City: Lj%�� - DANIEL M. POPE, MAYOR For the Owner- [ tdditian al Owirers sigir the, allached "Exhibit A'� i OWNER'S SIGNATURE OWNER'S PRINTED NAME Development Agreement In Lieu of Annexation - 2019 Page 6 ATTEST: ... . 1 Reb c UhrzA,. C ity cretaki Steven O'Neal, Director of Development Services APPROVED AS TO FORM: j Just' P tt, Assistant City Attonicy Development Agreement In Lieu Of Annexation - 2018 page, 7 NOTARIZATION State of Texas § County of Lubbock § IJ Z'b This instrument was executed before me on 2018, by N of the City of Lubbock, a "Texas municipal corporation, on behalf ofsaid TR[ corporation. o NAarblic State of Texas § County of Luhhock § JENNIFER SOWQER CLE EHTS Notary Public, State of Tegas Notary IDt 12497H8.3 °•...�, "° l,1yCommisslon Expires 4E28.2Q24 This instrument was executed before me on 4M IQ 7018, by1:61, 11ATR on beltalf of'sidd Owner. ayll I (XQ(u� Nota u61 When Recorded Return To: City Manager City of Lubbock, Texas 1625 13111 Street Lubbock. Texas 79401 = µ�r A ��, KAYLA JORDAN f�otary Pubk, State of Texas Nolm IDS 1280 0�1 * A1y Commssion Eq*os 10 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 nAn xAr�x of the City of Lubbock, a Texas muiiicipal corporation, on behalf of said L nrrrrwaf irr ECc, JENNIFER SOWOER CLEVIENTS Notary Public, Slate of Texas Notary ID# 12497068.3My Commission Expires Otr28.2020 State of Texas § County of Lubbock § This instrument was executed before the on h Vi � 10 2018, by � `CA�_U � [,0��, I1AU {6-OWN CH on behalf of KAYEA JCRDAN Notary Publk, State of Texas Notary ID# 12887740.1 ' MyComm&W Expaes tD-26-2020 When Recorded Return To: City Manager City of Lubbock, Texas 1625 131h Street Lubbock, Texas 79401 Development Agreement in Ueu Of Annexation • 2018 Page 8 NOTARIZATION State of Texas § County of Lubbock § This instrument was executed before me on 2018, by , PAIL NAMF of the City of Lubbock, a Texas municipal corporation, on behalf of said rlr�e corporation. Notary Public State of Texas § County of Lubbock § 'n 4 This instrument was executed before me on Y { l 2018, by bill, note NAML-Dwr+LL —� on behal f' of said caner. + CQ KAYLA JORDAN Nol" Public, Sate of Texas Notary I`DI 12BB774 1 Not Pub4 MYC-wni s E)*es 1&26-204 When Recorded Return To: City Manager City of Lubbock, Texas 1525 131h Street Lubbock, Texas 79401 Development Agreement In Lieu Of Annexation - 2018 Page 9 NOTARIZATION State of Texas § County of Lubbock § This instrument was executed before me on TITLE corporation. Notary Public State of Texas § County of Lubbock § 2018, by PATE i+AMC of the City of Lubbock, a Texas municipal corporation, on behalf of said This instrument was executed before me on 1 2018, by�, DATE rvn� t - nwrrrra on behalf of said Owner. No u@IC When Recorded Return To: City Manager City of Lubbock, Texas 1625 131h Street Lubbock, Texas 79401 ,ntN�r v h�'n KAYLA JORDAN Nary` €b1rrV77cµµ, SI�}paipe�a€�nTe{xas h T ' r r MyCommisssion Expires *26.2420 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 , DA-m NA.�tH of the City of Lubbock, a Texas municipal corporation, on behalf of said corporation. Notary Public State of Texas § County of Lubbock § This instrument was executed before me on 2018, by , DATE NAME -OWNER on behalf of said Owner. Notary Public 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 listen in this Exhibit must be accompanied by Notarization Owner Name — Printed I k-, Co kneel Le U-b W USEyAs 6 V,�, �, � I). n �) — owncr Name — Sign atu re 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. 2018-00050 T ;" Qnrtinn 7 Rlnrk .IS (1 70-.1;9ar) N W+E 1 1 s ; LEGEND 1 V _ R305850 (170.59ac) Exclusion �+�w+ Section lines Q Parcels I "~ 1 J...1 Lubbock City Limits 1 I I C'R 6400 ........... ---n—.—.—.—.a,w -- r li< K JS-7 I is ii o� I R305850 BLK J5 SEC 7 AB 131 TR 1A AC, 170.59 It 04211 II I I 9,� 61TO U RSUL I ST -,4 It [ c i•: 4"[ r r lLrrr, 16wwrrrr. ! ! �r�rrMr�� Feet 0 soo 1000 fj w �w..r �. �.e,. x-• �� wry o m w+• wu+ruax+� ��.. osr...+:,.r i. c r,;e um.. w.r.a..as. �.n.M�....wu. cs r..w.. w sr. s.,..+.�...w....ow.... wr.�•�..� Lubbock TJOIS 3/13/2018 Public Access > Property Detail Property Owner Property Address 2017 Assessed Value R305850 PRINCESS LAND CO LP - $56,267 2018 GENERAL INFORMATION 2017 VALUE INFORMATION Property Status Active Property Type Agricultural Land Legal Description BLK JS SEC 7 AB 131 TR 1A AC:170.S9 Neighborhood 1100 - Frenship Isd Account AC54007-90131-ON20.000 Related Properties R39042 Map Number 5S4 2018 OWNER INFORMATION Owner Name PRINCESS LAND CO LP Owner ID 00230462 Exemptions Agriculture Use Percent Ownership 100% Mailing Address PO BOX 16196 LUBBOCK TX 79490 2017 ENTITIES & EXEMPTIONS Special Exemptions AG - Agriculture Use Improvement Homesite Value $0 Improvement Non-Homesite Value $0 Total Improvement Market Value $0 Land Homesite Value $0 Land Non-Homesite Value $0 Land Agricultural Market Value $329,690 Total Land Market Value $329,690 Total Market Value $329,690 Agricultural Use $56,267 Total Appraised Value $0 _ -Homestead Cap Loss 40 Total Assessed Value $56,267 TAXING ENTITY EXEMPTIONS EXEMPTIONS AMOUNT ? TAXABLE VALUE TAX RATE PER 100 TAX CEILING GLB- Lubbock County $0 $56,267 0.358158 - _ 0 - - --- HSP- Lubb Cnty Hospital $0 $56,267 0.109778 0 SFR- Frenship ISD $0 $56,267 1.49 0 WHP- Hi Plains Water $0 $56,267 0.0069 0 TOTALS 1.964836 2017 LAND SEGMENTS LAND SEGMENT I STATE CODE TYPE - ---- — HOMESITE ---__ MARKET -_ ___.---_---------- ------ .__...-- 1 AG USE LAND SIZE — -- - - - VALUE I LOSS I 1 - Dry Crop 01 -Real: Qualified Open space Land No $45,180 81,536 22.590000 acres 2 - Dry Crop D1 - Real: Qualified Open -space Land No $4,000 $102 2.000000 acres 3 - Dry Crop D1 - Real: Qualified Open -space Land No $510 $29 6.000000 acres 4 - Irr Crop D1 - Real: Qualified Open -space p Land No $280,000 $54,600 140.000000 acres TOTALS - 7.430.900 Sq. ft / 170.590000 acres VALUE HISTORY --- YEAR IMPROVEMENT I LAND MARKET 1 AG MARKET AG LOSS APPRAISED I HS CAP LOSS ASSESSED ..... — 2016 $0 $0 $0 $329,690 $31,401 $31,401 $0 $31,401 SALES HISTORY DEED DATE SELLER BUYER INSTR a VOLUME/PAGE - 1/5/2005 MILWAUKEE DEVELOPMENT PRINCESS LAND CO LP 2005-603 9604/263 — -- - -------- - DISCLAIMER Eve / -` ,rf ri is beer. nta,1,- _ •`fc� rnr [., i� - . ,� r f. r'i )tl i' f t! .-',c , .I'. T11 „irr t trr� p,r„ ha; i�c•rr vr'pf ri F.': i iS.t ,4Hf h,���� -or t�/ - .,..r dr�r'. „Ian 41 n:,;,r- lir err.' Ceuh��l App•arsal D :r a 'naWeti nr, _ hn ', or n ,� e�tnf�tn�m� .vh.rts�en �:�rrlir;; thz r ri ,I�'y, r„nri„.r a�C.uacy or dttegt.a:y ,:f ;u,li inf��rr itic� 0"d ddta T,r_, L._� �.�orF. CE ntr,rl ppr. ���tUi ? r�- ��r;,�.� thN lc < :!i � it http://Iubbockeed.org/Property-Detail?PropertyQuiekRefD=R305850 1/2 3/13/2018 Public Access > Property Detail 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 ant! data from any virus, sofrvare, file or other cause associated with access to this application The Lubbock Central Appraisal Distract shall not be liable for any damages whatsoever arising out of any cause relating to use of pus application, including but not limited to mistakes, ornissiorns, deletions, errors, or defects in any information contained in these pages, Or any failure to receive or delay ,n receiving info! mation said or implied. httpJAubbockcad.org/Pmperty-Detail?PmpertylOuidcRellD=R305850 212 TaxParcat SD k7717a5P �_ AlftW4 V" Q. 04*ma MSNC4551AHG CO l¢ Clans Sd! urp+a a sauan iwt rrae loth 6 � Tar Dsoid l W1,smN5P,w,* i GF►56568 Return to: Princes Land Co.. LP, P.O. Box 16196, Lublwck, TS 7949D Val 9504rAuM NOT ICE0F COYFSDENT IALITY RIGIiTS:IFYOU ARE A NATURAL PERSON. YOU MAY RR. IOVEOR ST R I K E ANY OF T11 E FOLLOW I NG I N FOMM AT I ON FROM T1I I S ! NSTRU.NI ENT B E FORE IT I FI LE D FOR RECORD INT]IE PUBLiCRECORDS: YOUR SOCIALSF.CURITY NUMBER OR YOUR DRIVER'S 7 - LICENSE. NUAI11XIL -� STATE OF7EXAS § CK COUy7Y OF LU0BOCK ¢ WA RRANTY 1) EED WITH R'5 LIEN bate: January 4, 2005 Grantor. MTLWAUKEE DEVELOPMENT. h PaininmMis Gmalte: PRINCESS LAND CO, I.P. Grat nree's Matting Add"m. P.O. Box 16196 Lubbock, Lubbock County, Texas 79490 Consideration: TEN ANDNO1100DOLLARS ISIO.00)amarroteofcvendareeamiedbyGranteeand payabktothe ordcrorrIRSTBANK&TRUSTCO. in the principalamountoMiREEHUNDREDFIFTY•SEVEN 7;IOUSAND-AND NLUI00 DOLLARS (S357,000.00). The me is secured by a first and superior vendor's lien and superior title stand in this deed in favor or FIRST BANK & TRUST CO. and by a f rst-lien deed of trust of even date from Granite to BARRY ORR, vusim Property (including any Impravemtnls): Atwchcd as Exhibit "A"herela and incmpomtcd hcreinby refemtcc, Rrservatiousfrom Conveyance: For Grantor and Granter'sheirs.successors, and assignsforever.areservuionofanwadividedsixr perrrntf67iI of Granms s current interest in all 6L gas, and other minerals in and under and that may be produced from the Property. If the mineral estate is subject to rxislingprodoctionat an Cliuing fuse, the production, the lease, and the bcnefra from it are aflocnwd in proportion to ownership in the mineral tslate. Notwithstanding this reservation. Grantor transfers, assigns and ronvcys to Grantee, the exclusive right to execute oil, gas and o[ mineral fcasq on the mines) inicresLs reserved to Grantor herein. . . Eaceptt•ans toCoaveyaace Ind Warranty: . Crop curtemly planted on the Property for the 2DO4 cropyear. GranmrsMlI have a right to Keen mthe property for the sole purpose of cultiyating, harvesting and removing the 1004 crop, if such crop is not harvested or removcd prior to January 4, 2005. The following restOclions: L. • Grantee shall mL, at any time, place or permit lobe placed on the Property a tnobilc Lome or trailer • house. • All residential construction on the west onehalf of the Property shall be limited to new swcsures with �- ,Y L. SSQ&AG1264 ' Easaamb, eiglurafjmay: bd presaipdve tau, ivbethverreoord'ot ao4 an pertly tea eestrlestain.::: • [ae<nt<onf,00vatlan.eondit[au,o�7mdgastemu,mfrtarnlsovernnocs,sndothetirotsnnfertb,oOurlAsnllero. '. F or eonveyanca, da afrect the pmpaly= tmca for** cwrent year, rights of 4oining owneri in any watis or ' R aw slteated ass a eamnioa bowtdsrytony disaepsrdes, cenEkts orshortagw is true or boundary 1hta; and = i ioymccoodLmwtsoroirahppingofivive as t i Qtw=. for die CatsWersdon and subject to the Raemdeas Gam Conveyance and dre Exceptians to ' ComeyanceandWarmnty,Smote;sdb.wdconveys to0rankoftho".toptlwwhhoil and slagulartheright}and ; appwtmsnca tk=w to mg woy betongi ng, to bave and to bold f t to Grantee tad Qmntee's lairs, sveeiuors, and atslg ms forever. ara - - blade creator and Orsncees hairs end saetxstnrs to wamat sad fbrever defend'an and singular dw i Properly to crudes and ammiee's beb%sumcssom and assips aping: every person whoanoeva lawfully ddming or to ddm the same or may part thereof, accept as to tbo Rmrndoas haviConvayanee and the Mweptlens toConveysrci .' and warranty. RWBANK&TRUSTCD.,stOtantee'srequest.bi'spaidtocribtocrmuottWp aimofthep whasaprke ofilxProperty1huisevidencedbytheucte.7befastsodsapatarvender'sGeo andsepaIartitletothePmpaty am retained for Uubeneth ofFIRSTBANK &7RUSTC0. and are bansfared to FIRST BANK &TRUSTCO. widrout rcoetase against Orontor. The vatdor's Ito against and superior dde to the Property am tetehted mail eseb we described is fully paid aeeeediagto its: terms, as wbkb time this deed will bedoms absotwe. When the context requires, singular goons end pmwc# Include the plural. • i M WAUXE9 D PMENT. ersWp syr l _ DUANESWOPFORD. a t' STATEOFTta W ¢ COUI TYOFLUBBOCK ¢ Adwo k%Wbdmumtbctmdasigaedaouryothk �-9OfJammay,2005.byDUANESWOFFORD, Puum of MILWAUKEE DEVELOPMMr. a P=Uwnhip, io lbe esp:chi thereingaud. ROBFAfAgRAlIUf N Pnblkc,S a ofTw gyESftpd06Tm!2'l0� SEAL m (7) ............. 0 • � � vn �u�4v�cf265 Exhibit "A" 2190iatlty, act in Section 7, Block JS, E. L. & R.R. Railroad Company Survey, Texas, being a portion of that 202.0 acre tract described in Volume 6867. Page 164 of the Real Property Records of Lubbock County, Texas = and further described as follows: BEGINNING at a 1 1/4" Iron -pipe found in the North line of said Section 7 for the Northeast corner of this tract at the Northeast corner of said 20LO acre tract from . • whence a railroad spike found at the Northwest corner of said Section 7. bears S 89059'38" W a distance of 3887.06 feet; O THENCE S. 0004,541, W. with the West line of Northwest Acres Subdivision, at a distance of 50.00 feet pass a 1/2" Iron red with plastic cap set in the South line of Ursuline Stmt. continuing for a total distance of 2264.08 feel to a 112" from rod found at the Southeast corner of said 202.0 acre trocl for the Southeast corner of this tract; THENCE S 89-58-06" NV, at a distance of 3932.96 feet pass a 1/21' iron rod with plastic cap set in the East line of Milwaukee Avenue, continuing for a total distance of 38OL96 feet to a railroad splice found in the West line of said Section 7 at the Southwest comer of said 202.0 acre tract for the Southivesucomer this tract; ' THENCE N O°OV20" W, with the West line of said Section 7 and said 202.0 acre ' . tract, a distance of 1555.82 feet to a point for the most Westerly Northwest corner of ;•' this tract, whence said railroad spike found at the Northwest corner of sold Section 7 bears N Oo01120" W, a distance of 71 U0 feet; THENCE N 8M9'38" E. at a distance of SO.00 feet pass a 1/2" iron rod with plastic cap set in the East/ of said Milwaukee Avenue, continuing for a total distance of ,line 710.06 feet to a 112" Iron rod with plastic cap -set for an interior ell corner of this '• tract; THENCE N 0001'20!' W; at a distance of 660.00 feet pass a 112" iron rod with plastic cap set In the South line of said Ursullne Street, continuing for a total ` distance of 710.00 feet to a point in the North line of sold Section 7 and the North line of•sald• 20LO acre tract for the most Northerly Nortwest corner of this tract; THENCE N 89059138" E, with the Nortb line of sold Section 7, a distance of 3177.06 'feet to the POINT OF BEGINNING.• j • - .' - .. ,,,hit tJh It1tAy COUNTY OF'LUBt10CtC i vrn:; iorMwwp"ltOoAw, . Li rs• J AECORM w a VON* w0 pap d M ofto Ant • • I s�auoeaaeornr....u,n.o.ew.me,.r i 5 zW i ©9 C 0 0 FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Plnlon County Clerk Lubbock Countv. TEXAS 66/27/2018 04*49 PM FEE: $166.00 2018024142