HomeMy WebLinkAboutResolution - 2018-R0153 - Chapter 43 For 3257 Acres - 04/26/2018Resolution No. 2018-RO153
Item No. 7.10
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 three
thousand two hundred fifty-seven (3,257) acres of land adjacent to the northern city limits
of the City of Lubbock within an area east of North Avenue P, south of Lamar Street, west
of North Guava Avenue, and north of East Bluefield Street, and along the Interstate 27
corridor; 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.
2018-00051, further described generally as approximately three thousand two hundred
fifty-seven (3,257) acres of land adjacent to the northern city limits of the City of Lubbock
within an area east of North Avenue P, south of Lamar Street, west of North Guava
Avenue, and north of East Bluefield Street, and along the Interstate 27 corridor, 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. 2018-00051,
excepting that property from the annexation effectuated by said ordinance.
Passed by the City Council on April 26, 2018
ATTEST:
DANIEL M. POPE, MAYOR
Rebe ca Garza, City Secret
APPROVED AS TO CONTENT:
FA
Steven O'Neal, Director of Development Services
APPROVED AS TO FORM:
t
Justin P itt, A^sistant dity Attorney
ecdoes/RES. Adoption —Ch. 43 Agricultural Annexation Lxemplion Agreements — Arco H
April 18, 21) 18
CITY PITY OF LUBBOCK
OFFICE CK UP 2018024144 17 PGS AGREE
Resolution No. 2018-RO153 ,III R M L%LWJPJ�HTWJJi&JJ 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 Ueu 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 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 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 - 2028 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 apart 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
I 1 .2018.
For the City:
DANI E L M. POPE, MAYOR
SIGNATURES
For the Owner:
/Additional Owners sign the attached "Exhibit A'7
OWNER'S SIGNATURE
I cot Qaxzl s
OWNER'S PRINTED NAME
Development Agreement In ueu of Annexation-gW8 Page 6
ATTEST:
c.
APPROVED AS TO CON]
Steven O'NeaTbirector of Development Services
APPROVED AS TO FORM:
Justin P itt, As istunt City Attomey
Development Agreement In ❑eu of Annexation -2019 Page 7
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument
��was
executed before me on 2018, by aaru'C{' 011?y ,
✓ � of the City of Lubbock, a Texas municipal corporation, on behalf of said
corporation. 0
JENNIFERSOWOERCLEMENTS
Nota ublic Notary PgMic,Slaleol Tem
Noary ID012497M.3
MyCammisslm Expnes 06-28-2020
State of Texas §
County of Lubbock §
This instrument was ex uted before me on I �7d 2018, by
natc
on behalf of said Owr% . nMa_n
CH11Y1 HUEY
No[ary �D #1019>Sfi9
Not Public Mycnmmazmnfaoi
Notary oN# March 30, 2021
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 13ih 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 — Siienature
Development Agreement In lieu Of Annexation - 2018 Page 9
Chapter 43 Agreement for Annexation No. 2018-00051
Property • Owner Property Address 2017 Assessed Value
R56248 ADAMS, TED 10801 N CR 2300. LURRnrK- Tx 7gAm Q1n aI)n
2018 GENERAL INFORMATION
Property Status
Active
Property Type
Other
Legal Description
BLK D SEC 40 AB 717 TR X1 A AC: 10.833
Neighborhood
0901 - New Deal Isd
Account
AC28040-90717-41050-000
Related Properties
R38790, P303008
Map Number
312
2018 OWNER INFORMATION
Owner Name
ADAMS, TED
Owner ID
00199988
Exemptions
Agriculture Use, Homestead
Percent Ownership
100%
Mailing Address
PO BOX 141 NEW DEAL, TX 79350-0141
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG -Agriculture Use
2017 VALUE INFORMATION
Improvement Homesite Value $13,146
Improvement Non-Homesite $0
_ - Value -_ _
Total Improvement Market Value $13,146
Land Homesite Value
$8,790
Land Non-Homesite Value
s0
Land Agricultural Market Value
$13,948
Total Land Market Value
$22,738
TAXING ENTITY EXEMPTIONS EXEMPTIONS AMOUNT TAXABLE VALUE
1 GLB- Lubbock County $0 $20,320
HSP- Tubb Cnty Hospital $0 $20,320
SND- New Deal ISO HS $18,132 $2,188
WHP- Hi Plains Water s0 $20,320
TOTALS
2017 IMPROVEMENTS
Improvement #1 State Code Homesite
E - Real: Rural Land not Open -space and Residential Yes
Imps
RECORD TYPE YEAR SQ. Fr
BUILT__-,,
1 MA - Main Area 1995
! 2 BN2 - Barn 1990
2017 LAND SEGMENTS
Total Market Value
$35,884
Agricultural Use
$2,188
Total Appraised Value
$21,936
Homestead Cap Loss
43,804
Total Assessed Value
$20,320
TAX RATE PER 100 I TAX CEILING
0.358158
0
0.109778
0
1.17
0
0.0069
0
1.644836
-
Total Main Area
1,344 Sq. Ft
-- - VALUE --
1,344
1,200
v Expand/Collapse All
Market Value
$13,146
ADD'L
_INFO
$7,722 is Details
$5,424 v Details
LAND SEGMENT j
STATE CODE
HOMESITE
MARKET
AG USE
LAND SIZE
TYPE - - - !
-- ----- - -
- -VALUE
LOSS _ _
---
1 - Irr Crop
D1 - Real: Qualified Open -space Land
No
$9,748
$2,172
5.570000 acres
2 - Dry Crop
D1 - Real: Qualified Open -space Land
No
$4,200
$16
0.240000 acres
3 - Residential
E - Real: Rural Land not Open -space and
Yes
$8,790
$0
5.023000 acres
Residential Imps
471,885 Sq. ft /
TOTALS
10.833000 acres
VALUE HISTORY
YEAR IMPROVEMENT LAND 1 MARKET AG MARKET AG LOSS
APPRAISED HS CAP LOSS ASSESSED
2016
$7,694 $8,790 $16,484
$13,948 $2,581
$19,065
$0 $19,065
SALES HISTORY
DEED DATE SELLER BUYER
10/10/2012 CONKLIN, DAVID KEITH ADAMS, TED
4/8/1993 UNKNOWN CONKLIN, DAVID KEITH
INSTR # VOLUME/PAGE
2012-40864
- 4163/104
DISCLAIMER
Every effort has been made to offer the most current and correct information possible on these pages. The Information Included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content completeness,
accuracy or adequacy of such Information and data. The Lubbock Central Appraisal District reserves the right to make changes at
any time without notice. Original records may differ from the information on these pages. Verification of information on source
documents is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
Including but not limited to risks of damage to your computer, peripherals, software and data from any virus, software, file or other
cause associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever arising out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions,
errors, or defects In any information contained In these pages, or any failure to receive or delay in receiving information said or
Implied.
TRX 1
43 G9:I AC
r-
=i
10801 N CR 2300, LUBBOCK, TX 79403
TaxPamel ID
R56248
Assessed value
9 35,88A
Owner Name
ADAMS, nD
Class
RM2
S9K Uvin9
1,344 Seuare Feet
Year Built
1995
Tax DisMct
5 GM SND,HSP,WHP
TR 2
WA;
r �•m®�m�0����� open 2012048864
a Pes
BN/ Rerun To Service Title OF# 13924
WARRANTY DEED
(STC-mVGFM13924)
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRHGE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Date: October9,2012
Grantor. DAVID KEFM CONKLIN and KATHY LEANNE CONKLIN, husbandond wife
Groat-: TED ADAMS
Grunta's Mailing AddresD: 5508 Slat Street, Lubbock, Lubbock County, Texan 79407
Consideration: S10.00 and other good and valuable consideration, to Grantor paid by Grantee, the receipt and
suReiency of ell ofwhich is hereby ocknowldgd end coufesad.
Property (unfeeling any improvements): A met of land out of. an of a 65 note tact conveyed in J. J.
Tipps by Warranty Bad of remN in Volume 1415, Page 304, Deed Records, and also being out of the Southeast
pan of Section 40, Block D. Cart. No. 1790 of the B.S. & F. Surveys in Lubbock County, Tesss; the survey of
same having brim made fa Charles Bell, at or, Jahn Rvis, at us, by varier of their mvearship and is describol
by metes and bounds as follows:
BEGINNING at is large tail in pavement feud fro the Southeast comer of Section 40. Blank D:
THENCE North along the Rest line of said section, 17S9.60 fed to the Southeast and acme[ beginning comer of
this beer;
THENCE West parallel with the South line of said ender, at 30.00 rat pass a In' hen rod in the West physical
line of n graded county reed, at I050.00 feet pass is Id" imn and in the East line of is right-of-way eaammt
reserved in is wammty dad covering a 65 ace, erase e,caded in Volume 1415, Page 3", Deed raards, and at a
ram[ dinana of 1072]I firs a point io de Wentline of said 65 raremcr
THENCENonhalmgdw Wemliaofsaid65acmt .439.Wf ttoapoint;
THENCE East parallel with the South line of said section, at 22.71 feet pass a Ile' iron rd in the rest line of
said rightof-wey easement, at III feel pass a I@' imn ed in the Wm physical line of said graded county
meal and in a tend distance of 1072.71 fed is point in the Fart line amid portion;
THENCE South along the East line ofsaid section, 439.90 feu he the place of beginning.
Reservations from Conveymce: None
ExceptM. to Contestant. read Witrraety:
SUBJECT TO restrictive coverers as shown of record in Volume 1366, Page 613 of the Deed RecoNs of
Lubbock County, Trans
THERE IS EXCEPTED FROM THIS CONVEYANCE any and ell interest, whether whole or an undivided
portion thereof, In the oil, gas and caper minerals in and under the Progeny, royalty inmres4 or interest in neyolty,
which may be outstanding in Parties other man Granter resulting here prior reservations and/or conveyances by
predecessors in title, including but rat limited to throe certain interest described in Instruments of record in
1366, Page 615, Dad Records of Lubbock Cuumy, Texas, and Volume 3370, Page 254, Real Property Records
of Lubbock County, Tcxes.
SUBJECT TO ell lease, grants, execpliom or rourvatime, of cool, lignnc, it, Sae and other minerals, t.,,be,
with all sights, privileges and immunities relating thereto, appearing in the Public Records of Lubbock County;
Texas.
SUBJECT TO right, if any, of third Partin with respect to any portion of the Property lying within the limits or
boundaries of any public or private madwry, including but not limited to the reservation of a peapamal and
permanent comment sued right of way by J. L. Muria, Jr. And La Wanda Maria, their heirs ad assigns in
Warranty Deed recorded in Volume 1415, Page 3W of the Red Records of Lubbock County, Texas.
SUBJECT TO Easement for Underground Facilities granted to Southwestern Bell Telephone Company in
instrument recorded in Volume 1466. page 900 of the Deed Records of Lubbock County, Texas.
SUBJECT TO any encroachmalt, encumbrance, violation, variation, or adverse circumstance affecting the title to
the Property that would be disclosed by an accurate and complete land survey of the property, including, without
limitation, all visible and apparent easements or uses, and all underground easements or usm the existence of
which may arise by virtue of unrecorded grant or use.
SUBJECT TO rights of parties in possession and rights of tenants under any unrecorded leases or rental
agreements, together with any security interests given by tenants in fixtures located on the property.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty, giants, sells, and conveys to Grantee the Property, together with all and singular the
rights and appurtenances thereto in any way belonging, to have and hold it to Grantee and Grantees heirs,
successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever
defend all and singular the Property to Grantee and Grantees heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from
Conveyance and the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
.�:./
DAV ID KEITH CONKLIN
F i
THE STATE OF TEXAS
COUNTY OF LUBBOCK
this instrument was acknowledged before me on the 1� day of aCTadea— . 2012, by
DAVID KE1TH'CONKLIN and KATHY LEANNE CONKLIN.
16A,,
WW 010MryP111t;811s low Notary Public, State of Texas
I[,rfkrarfetfmltipies�it,7Dt4
FILED AND RECORDED
eP�PIC11 . PUBLIC MOM
Kelly Prnloa, County Clerk
Lubbeok County fixes
October le. 2e12 63:46.24 Pm
i6 • Sn N �1
Prepared in the Law Office of
TIMBERLAKE, WEAVER & SHARP, P. C
1408-A Buddy Holly Ave.
Lubbock. Tam 79401
c ww�a� r l�ww.n.d tw.�r..�..y �.... r�rr..r wwwwaaMo+ua.�aKw.M
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
c.�
Kelly Pinion County Clerk
Lubbook County TEXAS
06/27g/2018 04:49 PM
FEE:2018024144
CITY OF LUBBOCK 2018024145 19 PGs AGREE
OFF CE PICK UP Ar
Resolution No. 2018-RO153 ,III i N,%1ft,NF'_'
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 76 , 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 Ueu 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
nun 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 copv 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 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 Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21— Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Tide 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 4fV IA 1ae"t' , 2018
SIGNATURES
For the City: For the Owner:
lAddidonul Owners sign the uttnehed "Erhibil A'7
DANIEL M. POPE, MAYOR C�OWNER'S�A'F RE
ER'S PRINTED NAM "
Development Agreement In Lieu MArmmotlon -2018
P.S. 6
ATTEST:
Rebe ca.G raa, City Secretary
APPROVED ASTO CONTENT:
i
Il --_
Steven O'Neal, Director of Development Services
APPROVED AS TO FORM:
Ju n Pr itt, Assistant City Attorney
Development Agreement In lieu Of Nnnexil - 2018 page 7
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument was executed before me on YI 119A l GW 2018, by
�7 wre
m.re
of the City of Lubbock, a Texas municipal corporation, on behalf of said
corporation. �I(,i I//�,Id0,
kwi—
Not ublic�
I(SJENNIFER. WD"CLEME...
NMery Public, SMteolTeras
Ndary IDg 124970603
MyC=4smE)#m06262020
State of Texas §
County of Lubbock §
This instrument was executed before me on ArcA Z0, 2018, by
Dare x�mc-ovmea
on behalf of said Owner.
��12 �Pii%trGl.�
Notary Public
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 13" Street
Lubbock, Texas 79401
MONICA KENNEDY
tktary PoIbLc, Sfala of Tenas
Waiy IDr i2472C157
C,. My Cemmissm EYplas10127-2019
Development Agreement In lieu MAnnexation- a8a8 Page a
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 - Z018 Page 10
Chapter 43 Agreement for Annexation No. 2018-00051
Property Owner
Property Address
2017 Assessed Value
R28842 HO,1U1-LIEN CHOU 9607 N 1-27, LUBBOCK, TX 79403
$226,817
2018 GENERAL INFORMATION
2017 VALUE INFORMATION
Property Status
Active
Improvement Homesite Value
$194,539
Property Type
Farm Improvements
Improvement Non-Homesite
SO
Legal Description
BLK A SEC 35 AB 29 TR 1 & 3 ACS:152.687
Value
Neighborhood
0901A789 - Rural New Deal RFV 7 thru 9
Total Improvement Market
Value
$184,539
Account
AC10035-90029-30000-000
Related Properties
R331246
Land Homesite Value
$6,000
Map Number
035
Land Non-Homesite Value
$0
2018 OWNER INFORMATION
Land Agricultural Market Value
$195,479
Owner Name
H0, JUI-LIEN CHOU
Total Land Market Value
$201,479
Owner ID
CO242141
Exemptions
Agriculture Use
Total Market Value
$386,018
Percent Ownership
100%
Agricultural Use
$36,278
Mailing Address
400919TH ST #STE D LUBBOCK, TX 79410
Total Appraised Value
$190,539
Homestead Cap Loss
-SO
Total Assessed Value
$226,817
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG -Agriculture Use
TAXING ENTITY i EXEMPTIONS
EXEMPTIONS AMOUNT
TAXABLE VALUE
GLB- Lubbock County
$0
$226,817
HSP- Lubb Cnty Hospital
$0
$226,817
I SND- New Deal ISD
f0
$226,817
WHP- Hi Plains Water
$0
$226,817
TOTALS
2017 IMPROVEMENTS
TAX RATE PER 100 i TAX CEILING
0.358158 0
0.109778 0
1.17 0
0.0069 0
1.644836
Improvement #1 State Code Homesite Total Main Area
E - Real: Rural Land not Open -space and Residential Yes 3,599 Sq. Ft
Imps
RECORD TYPE - --- YEAR BUILT SQ. FT
1 MA - Main Area 1960
i
2
GAR - Garage
3
MA50 - Addition
4
GAR - Garage
2017 LAND SEGMENTS
LAND STATE CODE
SEGMENTTYPE 1
1 - Residential
E - Real: Rural Land not Open -space and
Residential Imps
2 - Irr Crop
01 - Real: Qualified Open -space Land
3 - Dry Crop
DI - Real: Qualified Open -space Land
TOTALS
VALUE HISTORY
1960
1960
2010
3,013
703
586
327
VALUE
to Expand/Collapse All
Market Value
$184,539
ADD'L
INFO
$147,504 a Details
$15,487 a Details
$14,344 Details
$7,204 Details
HOMESITE
MARKET
AG USE
LAND 512E
VALUE
LOSS
Yes
$6,000
SO
2.000000 acres
No
$132,000
$31,200
80.000000 acres
No
$63,479
$5,078
74.681000 acres
6,825,024 Sq. R /
156.681000 acres
YEAR 1 IMPROVEMENT LAND MARKET AG MARKET AG LOSS APPRAISED HS CAP LOSS ASSESSED
2016 $194.539 $6,000 $190,539 $195,479 S42,774 $233,313 f0 $233,313
SALES HISTORY
DEED DATE SELLER BUYER INSTR # VOLUMEIPAGE
8/4/2015 RIEKEN, JERI LYN HO, JUI-LIEN CHOU 2015-28366
1 Q/23/1996 RIEKEN, TONY ESTATE RIEKEN, JERI LYN 1996-32013 5307/110
DISCLAIMER
Every effort has been made to offer the most current and correct Information possible on these pages. The Information Included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content, completeness,
accuracy or adequacy of such Information and data. The Lubbock Central Appraisal District reserves the right to make changes at
any time without notice. Original records may differ from the information on these pages. Verification of Information on source
documents Is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
including but not limited to risks of damage to your computer, peripherals, software and data from any virus, software, file or other
cause associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever arising out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions,
errors, or defects in any Information contained In these pages, or any failure to receive or delay in receiving Information said or
Implied.
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVEOR
STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§
COUNTY OF LUBBOCK §
SPECIAL WARRANTY DEED WITH VENDOR'S LIEN
Date: July 30, 2015, to be effective August 3, 2015
Grantor: JERI LYN RIEKEN, a single woman
Grantee: JUI-LIEN CHOU HO
Grantee's Mailing Address:
I Whisperwood Circle
Lubbock, Lubbock County, Texas 79416
Consideration:
TEN AND NO/100 DOLLARS (S 10.00) and SIX HUNDRED FIFTY THOUSAND AND NO/I00 DOLLARS
(S650,000. ft advanced on the Revolving Master promissory Note dated April 9, 2014, executed by Grantee and
payabletotbeorderofPLAINSCAPITALBANK intheoriginal principal amount ofSIX MILLION ANDNO/100
DOLLARS ($6,000,000.00), and subsequently increased to SEVEN MILLION EIGHT HUNDRED
THOUSAND AND NO/I00 DOLLARS ($7,800,000.00) by Modification of Note/Change in Terms Agreement
dated October 6, 2014. Such advance is pursuant to the Revolving Master Promissory Note dated April 9, 2014
between Grantee and Lender. The purchase price portion of the SIX HUNDRED FIFTY -THOUSAND AND
N0/100 DOLLARS ($650,000.00) advance is secured by first and superiorvendor's lien and superior Otte retained
in this deed in favor of PLAINSCAPITAL BANK and by a Deed of Trust of even date herewith from Grantee to
DARRELL G. ADAMS, Trustee.
Property (including any Improvements):
TRACT1:
A tract of land out of Section 35, Block A. Lubbock County, Texas, and being more particularly
described by meta and bounds as follows:
BEGINNING at a 3/4" iron pipe set f 161.10 fat North and 50.00 feet West of the Southeast comer
of Section 35, Block A, Lubbock County, Texas, and in the West right-of-way line of U.S. Highway
87, said point being the Northeast comer of the H. L. Greenhill 5.00 acre tract of lartd, for the
Southeast and beginning comer of this survey;
THENCE South 89'51'30" West, a distance of 790.40 feet to a point for the inside cemer,
THENCE South 00' 13100" East, a distance of 267.50 feet to a set 3/4" iron pipe in the North line of
the J.H. Felton land on the North side of the fence, for a comer of this survey;
THENCE West, a distance of 170230 feet along the North side of a fence and along a turn row to a
set 3/4" iron pipe in the Southeast right-of-way line of Santa Fe Railroad, for the Southwest comer of
this survey;
THENCE North 22'29W" East, a distance of404.20 feet with said railroad right -of --way to a point;
THENCE North 67*3I'00" West, a distance of 100.00 feet with said railroad right-of-way line to a
point
THENCE North 2229'00" East, a distance of 1100.00 feet along said railroad right-of-way line to a
point;
THENCE North 67*31100" West, a distance of 50.00 feet with said railroad right-of-way line to a
point:
$pedal Warranty Deed with VeWor'a Lte
Rkheo - Ito
Page 1 of J
THENCE North 22'29i00" East, a distance of 3155.00 feet along the Southeast right-of-way line of
said railroad to a set 3/8' re -rod in the South right-of-way line of Farm Highway, for the Northwest
comer of this survey;
THENCE South 88'00VO" East, a distance of 516AO feet with the South right-of-way line of farm
Highway to it intersection with the West right-of-way line of U.S. Highway 87 to a set 3/8" re -rod, for
the Northeast comer of this survey;
THENCE South l 1*45'00" East, a distance of 122.00 feet along the West right -of --way line of said
highway to a concrete monument;
THENCE South 20*0600" East, a distance of 346.50 feet following the West right-of-way lime of said
highway to a concrete monument and the beginning of a curve to the right whose radius is 5669.65
feet;
THENCE around the arc of a curve to the right, a distance of 1192.60 feet to a set 3/4" iron pipe, for
the Northeast comer of the Ruth Rieken 5.00 acre tract of and a comer of this survey;
THENCE South 89'47'00" West, a distance of 720.30 feet to a set 3/4" iron pipe in the field, for an
inside corner of this survey;
THENCE South 00'13'00" East a distance of 300.00 feet to a set 3/4" iron pipe for a corner,
THENCE North 89'47'00" East, a distance of 731.70 feet to a set 3/4" iron pipe in the West right-of-
way line of U.S. Highway 97, for the Southeast comer of the Ruth Rieken 5.00 acre tract of land and
a comer of this survey;
THENCE South 00' 13'00" East, a distance of 2148.90 feet following the West right-of-way of the
U.S. Highway 87 to the PLACE OF BEGINNING.
5.0 acres of land out of Section 35, Block A, Lubbock County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING 50 feet West and 3310 feet North of the Southeast comer of Section 35, Block A, at
a fence comer in the West line of the Lubbock -Plainview Highway, the Southeast corner of this tract;
THENCE North 173 feet to a jog in the highway,
THENCE West 10 feet following the highway right-of-way;
THENCE Northwest 127 feet following the highway curve to the left with a radius of 5669.65 feet;
THENCE West 720.3 feet;
THENCE South 300 feet;
THENCE East 731.7 feet to the PLACE OF BEGINNING.
Reservations from Conveyance:
For Grantor and Grantor's heirs, successors, and assigns forever, a reservation of all of Grantor's interest in and to
all oil, gas, and other minerals in and under and that may be produced from the Property. If the mineral estate is
subjectto existingproduction or an existing lease, this reservation includes the production, the lease, and all benefits
from it.
Grantor waives the right of ingress and egress to and from the surface of the Property relaQng to the portion of the
mineral estate owned by Grantor.
Nothing herein, however, restricts or prohibits the pooling or unitization of the portion ofthe mineral estate owned
by Grantor with land other dum the Property; or the exploration or production of the oil, gas, and other minerals by
means of wells that arc drilled or mines that open on land other than the Property but enter or bottom under the
Property, provided that these operations in no manner interfere with the surface or subsurface support of any
hnpmvanents concocted or to be constructed on the Property and that all drilling be not less than Three Thousand
(3000) feet beneath the surface of the Property.
Exceptions to Conveyance and Warranty:
Electric transmission and/ordistribution line easementdated April3,1947, recorded in Volume347,Page 478, Deed
Records, Lubbock County, Texas.
SpreW Warrsaty Deed with Vendor's Lien
Kkhes - Ile
Page E or3
Oil, Gas and Mineral Lease dated May 15,1957, between Artie Metia Greenhill, a widow; Horace Lee Greenhill
and wife, Oleta Greenhill; Ruth Rieken and husband, Tony Rieken, as Lessor and W.M. and A.P. Fuller, as Lessee,
recorded in Volume 26, Page 145, Oil and Gas Lean Records, Lubbock County, Texas.
Oil, Gas and Mineral Lease dated April 13, 2011, between Jeri Lyn Rieken, as Lessor and Four Sevens Exploration
Co., Ltd., as Lessee, as referred to in Memorandum of Oil and Gas Lease recorded April 28, 201 l under County
Clerk File No.2011013197, Official Public Records, Lubbock County,Texas and in Amendment recorded July 15.
20I t under County Clerk File No. 2011023652, Official Public Records, Lubbock County, Texas.
Oil, Gas and Mineral Lease dated May 19, 2011, between Robert Doyle Greenhill, as Lessor and Four Sevens
Exploration Co., Ltd., as Lessee, as referred to in Memorandum of Oil and Gas lease recorded May 31, 2011 under
County Clerk File No. 2011017188, Official Public Records, Lubbock County, Texas.
OiLGas and Mineral Lease dated May 20, 201 I, between Virginia Andrews, as Lessorand Four Sevens Exploration
Co., Ltd., as Lessee, as referred to in Memorandum of Oil and Gas Lease recorded May 31, 2011 under County
Clerk File No. 2011017291, Official Public Records, Lubbock County, Texas.
Oil, Gas and Mineral Lease dated May 20, 2011. between Lonnie Gene Greenhill, as Lessor and Four Sevens
Exploration Co., Ltd., as Lessee, as referred to in Memorandum of 0il and Gas Lease recorded May 31. 2011 under
County Clerk File No. 2011017292, Official Public Records, Lubbock County, Texas.
Rights of Parties in Possession.
Visible and Apparent easements on or across the property.
All leases, grants, exceptions or reservations of coal, lignite, oil, gas, or other minerals, together with all rights,
privileges, and immunities relating thereto, appearing In the Public Records.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance
and Warranty, grants, sells, and conveys to Grantee Use Property, together with all and singular the rights and appurtenances
thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor
binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and
Grantee's hero, successors, and assigns against every person whomsoever lawfully claiming or to claim the sane of any part
thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance
and do Exceptions to Conveyance and Warranty.
PLAINSCAPITAL BANK, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of
the Property that is evidenced by the note. The first and superior vendor's lien against and superior title to the Property am
retained for the benefit of PLAINSCAPITAL BANK and am transferred to PLAINSCAPITAL BANK without recourse
against Grantor.
The vendor's lien against and superior title to the Property are retained until each note described is fully paid
according to its terms, at which time this deed will become absolute.
When the context requires, singular nouns and pronouns include the plural.
JE YN RIEKBN
STATE OF TEXAS
COUNTY OF stffiS i
Acknowledged before me, the undersigned notary on this 304ay of July, 2015. by JERI LYN RIEKEN.
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FILED AND RECORDED
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Kelly Panaon, County Clerk
Lubbock County TEXAS
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXAS
06/27/2018 04:49 PM
FEE: $94.00
2018024145
------- -----------
CITY OF LUBBOCK — - -
OFF-jCE PICK UP 2018024146 16 PGS `` AGREE
Resolution No. 2018-RO153 mill 111'i IIIAI %1 WN A111111Wr1hypi 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 96 , 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 "BTJ"), 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 Ueu 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 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 Tenn of this Agreement.
Section 6 — City Council Approval Required.
If the City Council of the City of Lubbock does not affirmatively vote to annex an area that contains
at least a portion of the Property, then this Agreement will be null and void in its entirety.
Section 7 — Notification.
a. Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Further, the Owner and the Owner's
heirs, successors, and assigns shall give the City written notice within fourteen (14) days of any
change in the agricultural exemption status of the Property. Failure to provide notice as required
in this subsection will constitute a failure of the Owner to prove its ownership of the Property, and
will be grounds for the termination of this Agreement under Section 5 of this Agreement.
b. A copy of any notice required by this section shall be forwarded to the City at the following
address:
City of Lubbock With copy to: City of Lubbock
Attn: City Secretary Attn: Director of Development Services
P.O. Box 2000 P.O. Box 2000
Lubbock, Texas 79457 Lubbock, Texas 79457
Development Agreement In Lieu Of Annexation - 2018 Page 3
Section 8 — Waiver.
Any failure by the Owner or the City to insist upon strict performance by either Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Owner or the
City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Parties waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by the Owner or the City of any provision of this
Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is
in any way intended to constitute a waiver by any Party of any immunity from suit or liability that
it may have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership.
The Owner hereby expressly affirms that it is the sole owner of the Property and that no other
person or entity has a valid claim to any right, title, or ownership in the Property. Should any
dispute of right, title, or ownership concerning the Property arise subsequent to the Owner's
execution of this Agreement, then the Owner hereby agrees to be solely responsible for defending
and confirming its absolute right, title, and ownership to the Property. If the Owner cannot defend
or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate
subject to Section 5 of this Agreement.
Section 10 — Governing Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Texas. All obligations of the Owner and the City under
this Agreement are performable in Lubbock County, Texas. Venue for any action to enforce or
construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and
regulations of any local, state, or federal governmental authority, having or asserting jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver by the Owner or the
City of any right to question or contest any law, order, rule, or regulation which may affect the
terms and conditions of this Agreement in any forum having jurisdiction, and the Owner and the
City each agree to make a good faith effort to support all proposed laws and regulations which
would be consistent with the performance of this Agreement in accordance with its terms. No
subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the Property pursuant to this Agreement.
Section 11— Remedy.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
Development Agreement In lieu Of Annexation - 2018 Page 4
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the performance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement In Ueu Of Annexation - 2018 Page 5
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, covering the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21— Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the term of the Agreement. Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on LIZ 2e 2015.
SIGNATURES
For the City: For the Owner:
[Additional Otpners sign the attached "ExhibitA
DANIEL M. POPE, MAYOR WNER'S SIGNATURE
WNER'S PRINTED NAME
Development Agreement In Lieu agnneaatiun - 2018 Page 6
ATTEST:
APPROVED -AS,TO'CONTENT:
StevenO'Neal, Director of Development Services
APPROVED AS TO FORM:
f t
Justin P uitt, ssistant City Attorney
Development Agreement In lieu Of Anneaa0on.2018 page
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NOTARIZATION
State of Texas §
County of Lubbock §
This instrument was executed before me on"�--`�`-- 2018, by ,
,m
of the City of Lubbock, a Texas municipal corporation, on behalf of said
corporation.
,g � 0A bd�
Not ublic
State of Texas §
County of Lubbock §
WJENNIFER SOWOER CLEMENTS
NmvYPubk, SlaleolTans
NdaY ID11249701
Commaspn Erpies 0G20�2P20
This instrument was executed before me on w, 2018, by JUj-Ll�n
n x.nrt.oxxu
on behalf of said Owner.
Notary P��
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 13i1 Street
Lubbock, Texas 79401
MONICA KENNEDY
wari P01hc, S'aie of Togas
Ncary 10419472695-7
"'
MyCommusiw Expms *27.2010
Development Agreement In Lieu Of Annexation - 2018 page 8
EXHIBIT A — ADDITIONAL OWNER SIGNATURES
All signatures listed in this Exhibit must be accompanied by Notarization
Owner Name — Printed
Owner Name — Signature
Development Agreement In Ueu Of Annexation • 2018 Page 9
EXHIBIT B — PROPERTY DEPICTION & DESCRIPTION
The Property that is the subject of this Agreement is only that portion of the
Property described in this Exhibit B that is owned by the Owners and, further, is
intended to be annexed by the City, if the City so chooses to annex the Property.
Development Agreement In Lieu Of Annexation - 2018 Page 10
Chapter 43 Agreement for Annexation No. 2018-00050
Property Owner Property Address 2017 Assessed Value
R37993 HO JUI LIEN CHOU - $2,720
2018 GENERAL INFORMATION 2017 VALUE INFORMATION
Property Status
Active
Property Type
Agricultural Land
Legal Description
BLK D SEC 39 AB 6 TR 1 ACS:40
Neighborhood
0901 - New Deal Isd
Account
AC28039-90006-01000-000
Map Number
311
2018 OWNER INFORMATION
Owner Name
HO JUI LIEN CHOU
Owner ID
0043633
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 Value so,
Land Homesite Value
SO
Land Non-Homesite Value
$0
Land Agricultural Market Value
$34,000
Total land Market Value
$34,000
Total Market Value
$34,000
Agricultural Use
$2,720
Total Appraised Value
$0
Homestead Cap Loss
-SO
Total Assessed Value
$2,720
TAXING ENTITY
EXEMPTIONS EXEMPTIONS AMOUNT
TAXABLE VALUE
TAX RATE PER 100
TAX CEILING
GLB- Lubbock County
$0
$2,720
0.358158
0
HSP- Lubb Cnry Hospital
$0
$2,720
0.109778
0
SND- New Deal ISD
$0
$2,720
1.17
0
WHP- Hi Plains Water
SO
$2,720
0.0069
0
TOTALS
1.644836
2017 LAND SEGMENTS
LAND SEGMENT
TYPE
G- -- - -- ----
STATE CODE
— — - -
MARKET
HOMESITE VALUE
AG USE
LOSS
LAND SIZE
1 - Dry Crop
LDand Real: Qualified Open -space
No $34,000
— —
$2,720
40.000000 acres
TOTALS
--
1,742,400 Sq. fit / 40.000000
acres
VALUE HISTORY
YEAR
IMPROVEMENT I LAND MARKET
AG MARKET AG LOSS
APPRAISED I
HS CAP LOSS ! ASSESSED
2016
s0 s0 s0
$34,000 $3,200
$3,200
$0 $3,200
SALES HISTORY
DEED DATE
SELLER
BUYER
INSTR #
VOLUME/PAGE
1/26/2007
COYOTE LAND LTD
HO JUI LIEN CHOU
2007-3473
8/31/2004
DAVID, TOMMY G
COYOTE LAND LTD
2004.39259
9384/38
4/30/2004
SANDLIN SANDY Z
DAVID, TOMMY G
2004.19126
9115/342
8/6/1998
SANDLIN HELEN B MRS
SANDLIN SANDY Z
DISCLAIMER
Every effort has been made to offer the most current and correct information possible on these pages. The information included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content, completeness,
accuracy or adequacy of such information and data. The Lubbock Central Appraisal District reserves the right to make changes at
any time without notice. Original records may differ from the information on these pages. Verification of information on source
documents is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
Including but not limited to risks of damage to your computer, peripherals, software and data from any virus, software, rile or other
cause associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever arising out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions,
TaxwrcenD
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Owner Name
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D
T. DIewd
5 GLS,SND,HSV,WHe
RETURN TO: JUI LIEN CHOU NO 3709 19TH STREET 4484 LUBBOCR, Tx 79410
rl A, �1��01�1®�� 1007803177
warranty Deed 2 a rus
GP 30055712
NMI" OF RIGHTS' IF
PERSON'
YOU
My
REMOVE OR STAIRS ANY OF TEE FOLLOWING YOU INFOMQTIONPROM THIS INBTAUNBNT
BEFORE IT 16FILM oFFOnR DRREECCOORRDB LLCM FNUUlLLIC RECORDS: YOUR SOCIAL
sECURITY NO!®EAOR
THE STATE OF TEXAS MN ALL MEN BY THESE PRESENTS:
,DDH Y OF LUBBOCK
That GDYdCB LARD. LTD., • Tex.. limited partnership, for and in
consideration of the sum of TEN AND NO/100 DOLLARS (510.00), and other
good and valuable consideration, to Grantor paid by:
GUI -LIEN CEOU E0, a married woman
1 I,i.perwood Circle
Lubbock, Texas 79416-3126,
have Created, Sold, and Conveyed, and by these presence do Grant, Sell,
end Convey unto the saitl JUI-LIEN CHOU ED, a married women, of the
County of Lubbock, State of Texas, all that certain lot, tract, or
parcel of land situated a Lubbock County Texas, described a. folluws:
Am 80.00 sera tract of land, Were or leas, and
beingthetract,
Southwest(),BloockrtDr lfSection
Lubbock County, Taxan
Subject to micarel ..d/or royalty reeervatioas sad
f records and
easemsaact to
ted restrictive
C ovay of record or visible oa
the groamd.
TO HAVE AND TO HOLD the above described premieea, together with all
and singular, the rights and appurtenances thereto in anywise belonging
unto thsaid JUL-LIEN CBOU no, her heirs and assigns foreveri and
e
Grantor doe. hereby bind itself, its successors end assigns, to Warrant
and Forever Defend all and singular the against promises
person a whomsSaid oever
LIEN GEOU an, her heirs and aeaigna, ga
lawfully claiming, or to claim the ... or say pare thereof.
EXBCUTBD by the undersigned, to be effective the 19th day of
January, 2007.
COYOTE LAND, LTD., a Texas
limited partnership
BY: TEXAS LAND, INC.,
a I ... corporation, General
Partner
By:
ICI BOBBY C. Y, Pieaidy t
THE STATE OF TEXAS
COUNTY OF LUBSOCX
This instrument was acknowledged before me on the Z1< Al day of
January, 2007, by BOBBY G. DAY, President of TEXAS LAND, INC., a Texas
corporation, as General Partner on behalf of COYCTE LAND, LTD., a Texas
limited partnership.
M=�A s`BB10si0W otary Publi a of
M twa+emtaa.an9om
w
FILED AND RECORDED
� ORFICIAL PLIaLIC RiC0110i
Kelly Puman, Camty Clerk
L%6boak Cawty TOM
Jar%*" 26. 2007 W 20:08 PIi � ,�
M: $31.00
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXAS
06/27/2018 04:49 PM
FEE: $86.00
2018024146
CITY OF LUBBOCK
OFFICE PICK UP
2018024147 !B PGS `` yAGRpEE Resolut n No. 2018-R0153 mill rat 11lftlfr �T�IYV liriMM
wmlln 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 Ueu 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 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 Parry 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 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 All 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 X( 14 A X Of , 2018.
For the City:
DANIEL M. POPE, MAYOR
SIGNATURES
For the Owner:
jAddilional O,pners.sign the attached' Erhihit A
t�OWNER'S SIGNATURE
OWNER'S PRINTED NAME
Development Agreement In Lieu of Annexation - 2018 Page 6
APPROVED. AS. TO CONTENT:
r
Steven O'Neal, Director of Development Services
APPROVED AS TO FORM:
Jus ' Pm tt, Assistant City Attomey
Development Agreement In lieu Of Annexation - 2018 Page
No Text
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument was executed before me on _ 2018, by
T6
of the City of Lubbock, a Texas municipal corporation, on behalf of said
corporation. x
Not Public
State of Texas §
County of Lubbock §
M
CLEMENTS of isxas706Ba 06826.2020
This instrument was executed before me on rvld A 2AZO149 2018, by ,7O
on behalf of said Owner. a.,s
Notary Public t
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 13" Street
Lubbock, Texas 79401
M MONICA KENNEDY
No
u you
5lic, Slale olTexas
NotaryIDa 12472695-7
MV Commission Expires 10-27-2019
Development Agreement In lieu Of Annexation - 2018 Page e
EXHIBIT A — ADDITIONAL OWNER SIGNATURES
All signatures listed in this Exhibit must be accompanied by Notarization
Owner Name — Printed
Owner Name — SiQnature
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 - 2028 Page 10
Chapter 43 Agreement for Annexation No. 2018-00050
Property Owner Property Address 2017 Assessed Value
R38322 HOJUI LIEN CHOU - $2,024
2018 GENERAL INFORMATION 2017 VALUE INFORMATION
Property Status
Active
Property Type
Agricultural Land
Legal Description
BLK D SEC 39 AB 6 TR 2 ACS: 40
Neighborhood
0901 - New Deal Isd
Account
AC28039-90006-02000-000
Map Number
311
2018 OWNER INFORMATION
Owner Name
HO JUI LIEN CHOU
Owner ID
0043633
Exemptions
Agriculture Use
Percent Ownership
100%
Mailing Address
400919TH ST #STE D LUBBOCK, TX 79410
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG - Agriculture Use
j TAXING ENTITY EXEMPTIONS
EXEMPTIONS AMOUNT
GLB- Lubbock County
$0
HSP- Lubb Cnty Hospital
$O
SND- New Deal ISD
SO
WHP- Hi Plains Water
$O
TOTALS
2017 LAND SEGMENTS
LAND SEGMENT
STATE CODE
TYPE._
1
1 -Dry Crop
— - ------ - __.
D1 - Real: Qualified Open -space
Land
2 - Dry Crop
D1 - Real: Qualified Open -space
Land
TOTALS
Improvement Homesite Value $O
Improvement Non-Homesite $O
Value
Total Improvement Market Value $O
Land Homesite Value
$0
Land Non-Homesite Value
$O
Land Agricultural Market Value
$25,585
Total Land Market Value
$25,585
Total Market Value $25,585
Agricultural Use $2,024
Total Appraised Value
$0
Homestead Cap Loss
-SO
Total Assessed Value
$2,024
TAXABLE VALUE
TAX RATE PER 100
TAX CEILING
$2,024
0,358158
0
$2,024
0.109778
0
$2,024
1.17
0
$2,024
0.0069
0
1.644836
HOMESITE MARKET AG USE
VALUE LOSS__
No $24,650 $1,972
No $935 $52
LAND SIZE
29.000000 acres
11.000000 acres
1,742,400 Sq. R / 40.000000
acres
VALUE HISTORY
YEAR { IMPROVEMENT , LAND MARKET. AG MARKET AG LOSS APPRAISED HS CAP LOSS [ ASSESSED
2016 $O $O $O $25,585 $2,382 $2,382 SO $2.382
SALES HISTORY
DEED DATE
� SELLER
1/26/2007
COYOTE LAND LTD
8/31/2004
DAVID, TOMMY G
4/30/2004
SANDLIN SANDY Z
8/6/1998
SANDLIN HELEN B MRS
BUYER
INSTR # VOLUME/PAGE
HO JUI LIEN CHOU
2007-3473
COYOTE LAND LTD
2004-39259 9384/38
DAVID, TOMMY G
2004-19126 9115/342
SANDLIN SANDY Z
-
DISCLAIMER
Every effort has been made to offer the most current and correct Information possible on these pages. The information included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content, completeness,
accuracy or adequacy of such information and data. The Lubbock Central Appraisal District reserves the right to make changes at
any time without notice. Original records may differ from the information on these pages. Verification of information on source
documents Is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
Including but not limited to risks of damage to your computer, peripherals, software and data from any virus, software, file or other
cause associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever arising out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions,
errors, or defects in any Information contained In these pages, or any failure to receive or delay In receiving Information said or
• implied.•
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./. '(II. RETURN TO: Jul LIEN CHOU BG 3709 19TH STREET #484 LUBBOCK, TX 79410
I ) I Ut Warranty Deed I res'"
OF 10055712
NOTICE OP CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PSHBON, YOU NAY
MOVE OR STRIKE ANY OF THS POLLOWING INPORNATION PROM THIS INSTEMSENT
SOCIAL
BEFORE IT IS
IBISES, ORanyon ➢RIVEFOR RECORS LICENSE IN THE PUBLIC
WONDER RECORDS' YOUR
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
That COYOTS LAID, LTD., a Taxes limited axtmerehiP, for and in
consideration Of the consideration G
BUT of EN AND aantozMLLA by 1$10.Do), and other
good End
JDI-LIEN CROU ED, a married woman
1 wbisperwoad Circle
Lubbock, Texas 79416-3126,
have Granted, Sold, and Conveyed, and by these presents do Grant, Sell,
and Canvey ..to the said J0I•LInn =DO ED, a married women, of the
all that Certain lot, tract, or
County of Lubbock, State of Texas, ounty, Texas, described as follows
parcel of land situated in Lubbock C:
An 80.00 acre tract of land, sere or lase, and
beiag the West Half tW/2) of the So(u39 westlockt Qua tD
er
(HN/4) of Section Thirty -Hine
Lubbock County, Tesaa'
Subject to mineral and/or royalty reeervatioes and
to
restrictive covenmta of record' and subj
easements and rights -of -way o[ record or visible on
the ground.
TO WAVE AND TO HOLD the above described premises, together with all
and Singular, the rights and appurtenances thereto In anywise belonging
unto thesaid JOI-LI@I CHOU NO'heirenr. and aeeign foreverWarrant
Grantor does hereby bind itself, her
so Said
LIEN oMOU No, Defend
her heirs and
andnxssignsiaY he aid against eevery person the homeoever
1awEully claiming, oz co claim the same or any part thereof.
Brad, co be effective the 19th day of
EXECUTED by the undersi
January, 2007-
COYOTE LAND, LTD., a Texas
limited partnership
By: TEKAS LAED, INC., General
a Texas Corporation,
Partner
By: Y, Presid c
BOBBY G. A
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Thisinstrument was acknowledged before
the- 4' daex.-
January, 200T, by HOBBY 0. DAY, President of TEXAS INC., a Texae
corporation, as General Partner on behalf of COYOTE LAND,
limited partnership.
MLW�£i y ctary publl a of
*'mmm,,bynow.mro
FILED AND RECORDED
0WICiAL oum.lc MOM
Kelly Vamon, Canty Clerk
Lubbock County TV=
January 20. U07 04:20,38 RI .��y
Fu: $11.00 �f073
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXAS
86/27/2018 04:49 PM
FEE: $86.60
2018 24147
CITY OF LUBBOCK 2018024148 18 Pcs ACRES
OFFICE PICKUP ,III �ii�j it I i`��WIR!`,�i� 11111
Resolution No. 2018-R0153
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 Ueu 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 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 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
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the performance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement In lieu Of Annexation - 2018 Page 5
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, covering the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21— Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the term of the Agreement Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on �9n A X (Ue , 2018.
For the City:
Ll '
DANIEL M. POPE, MAYOR
SIGNATURES
For the Owner:
[Additional Olvners .sign the attached "Exhibit A
gi, JOIN
g �,aics�;427e cib'ZiiT:
OW R'S PRINTED NAME
Development Agreement In aeu WAnneaatian.2018 Page 6
ATTEST:
l . i
APPROVED AS TO..Cp�1V�
StevenO'Neal, Director of Development Services
APPROVED AS TO FORM:
Justi ruitt, �1SIstmt0tyAltorney
Development agreement In ❑eu W Anne ration - 2018
page
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument was executed before me on 2018, by
_ n. of the City of Lubbock,�a Texas municipal corporation, on behalf of said
corporation.
NotarV Public
State of Texas §
County of Lubbock §
�"°"° JENNIFER SOWDER CLEMENTS
Notary public, State of Texas
Notary0# 124970603
My Camino Expires 06-28-2020
This instrument was executed before me on M A r'A 17, 2018, by y'AI� -N„�F -OWNER 0-D J4e ,
on behalf of said Owner.
�e NEDY
MM
eltTexas2695.7Notary Public s l0.274019
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 1311N 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 — Sisnature
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. 2018-00051
Property Owner Property Address 2017 Assessed Value
R28575 HO MING-TAO - $10,731
2018 GENERAL INFORMATION 2017 VALUE INFORMATION
Property Status
Active
Property Type
Agricultural Land
Legal Description
BLK A SEC 31 AB 30 TR 3 ACS: 58.78
Neighborhood
0900 - Idalou Isd
Account
AC10031-90030-64350-000
Map Number 031
2018 OWNER INFORMATION
Owner Name
HO MING-TAO
Owner ID
00064632
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
SO
Land Non-Homesite Value
$0
Land Agricultural Market Value
$117,560
Total Land Market Value
$117,560
Total Market Value
$117,560
Agricultural Use
$10,731
Total Appraised Value
$0
Homestead Cap Loss
-$0
Total Assessed Value $10,731
TAXING ENTITY EXEMPTIONS
EXEMPTIONS AMOUNT
TAXABLE VALUE
TAX RATE PER 100
NILI G
TAXCEILING
GLB- Lubbock County
—$0
$10,731
0.358158
0 -- - -
HSP- Lubb Cnty Hospital
$0
$10,731
0.109778
0
SID- Idalou ISD
$0
$10,731
1.445
0
WHP- Hi Plains Water
$0
$10,731
0.0069
0
TOTALS
1.919836
2017 LAND SEGMENTS
LAND SEGMENT
STATE CODE
HOMESITE
MARKET
_TYPE - -
- -- - - -
--- - _
. VALUE_
1 -Irr Crap
D1 - Real: Qualified Open -space
No
$10,040
Land
2 - Irr Crop
D1 - Real: Qualified Open -space
Land
No
$50,000
3 - Dry Crop
D1 - Real: Qualified Open -space
No
E57,560
Land
TOTALS
VALUE HISTORY
fYEAR IMPROVEMENT LAND MARKET ! AG MARKET j AG LOSS
2016 $0 $0 $0 S117,560 . $12,652
SALES HISTORY
r DEED DATE j SELLER j BUYER
12/20/2006 HOBGOOD, FAMILY TRUST HO MING-TAO
DISCLAIMER
AG USE
LAND SIZE
LOSS
$1,950
5.000000 acres
$7,313
25.000000 acres
$1,468
28.780000 acres
2,560,457 Sq. ft / S8.780000
acres
APPRAISED
HS CAP LOSS ASSESSED
$12,652
$0 $12.652
INSTR # VOLUMEMAGE
2006-52650
Every effort has been made to offer the most current and correct information possible on these pages. The information Included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content, completeness,
accuracy or adequacy of such information and data. The Lubbock Central Appraisal District reserves the right to make changes at
any time without notice. Original records may differ from the information on these pages. Verification of information on source
documents is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
including but not limited to risks of damage to your computer, peripherals, software and data from any virus, software, file or other
cause associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever arising out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions,
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NOTICE ANYORALL PTHEF LLOWINGINF AREAION MOLPTHIS ERSONST UMENT BEFORE
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STR16E ANY RECORD IN THE PUBLIC REINFORMATIONFROM SECURITY
NUMBER
IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE. NUMBER.
STATP.OFTEXAS 4
9
COUNTY OF LUtlBUCK 4
WARRANTY DEED WITH VENDOR'S LSEN
Due: Denmbns,2006
To BCMaek EReaive: Deambe114.20P6
Gneor. ULYSSO.110B000Dnd MARTHARUSHBREWERTsoR WMARTHAWRAYHODIX D
SPRADLF.Y. Succemor TWRn,of•THE HORGOOD FAMILY TRUST" DATED MAY 13, 1983
Cuomo: MING-TAO HO
Grantee's MAllleg Adel
370234m Sloe
Lubbock Lobbak County, Teem 79410
CenslEentloe:
TEN AND NO'IOO DOLLARS and a m1. of mm daze veiled by Grain eM payable to the mile, of
AIMBANK :n the pdneipl amount of TWO HUNDRED SIM THREE THOUSAND AND NUI00
DOLLARS(5263,000.00). TB nde D metal by. Om onif norvmdnl 1. and fopalalose, noimlm
No deed in him of AIMBANK nil by. fmhben deed of b1a of ern dam from Gsatee to A LLEN CARSON,
Tmtn.
Penpem Richiding my wpirevemm0):
METFSANDgOUNDSDESCIUMONof 18f.86 uauOflmdin Black A,Senian)I, Lub6ak
Cowuy.Tau. bcmB fmNadecnbNuk —
BEGINNING au 314- iron pipe found in the Wet n9M-H"I'me Of Imnmm Htghwey 27 it do
fCuth l eSoWheut nGrSbmn NOM mkAI of l'I19.W fntad Watodlsweeof 50.00
fat ftam the SOmheml uomm of5cnion JI, Blwk A:
THENCE N. 89'S94s' W. a didmcmO61.J3 hegdec¢ )6LSDpon)rH' imnrW fund in the Eno
Ime of a 101.00 acre tr4ct u tleedbd m Vdone 660, Page 312 of die Rol Peopmy Rernds of
Lubbock Cowry. Test m me NOMweN Amer of a 2.00 ecn trs of lid m daaibd in Volmoe
560L Page 2]6 OfOe Rol PmKM Rooms o(Lubbak Cowry, Tern W hie SmMwem<orscof
NisRm:
THENCE V.00'Ol E., along Im Em, 1.m.(Wd lO LN aoe Rxl. adnlvee, of 1124.57 feet(died'.
North 112430 wee 341' Don rod fwold id. came, -film ivm4
THENCE Wm, alms live Nmh line ofo d 101.00 an tract sdamnce o172999.50 feel Rood: Wed
3oW W)wa 3W nor andfomd in Re Ezu live of a nil mad nghoof-xry m doenbe lIn Volune 30.
Pose 362 ofNe Dived Rooms of Lubbock County, Ted, n hie Snmhwmt comer Oflhls Ram:
THENCE N. 0518`56' W., alwgmd nil nerd cighba6way, adonal of 582.I7 too loved- N. 05.15'
W. 582,W) toe 0. iron and widt up to do no ofclwamrt',
THENCE NoMentetl% alms nil need dyhtof-woy, mmutd amlvc wderighl, mid Curve Mans
e ndinm2814.93 fate cmnnl We of28'0112%.8-1Imili s of7M58 feet, a ehmd dianetce
of 1363.45 fed and a chod bearing ON. 08-51-56- E. Rovd: a Nand dinace of 136334 RNDwa In'
umptpefirvMuecwneroftM oval;
TIERCES. 6Y2745- E.,alon8 and vol od:ishlaf-way lire, etlislencenfM,31 Send(datl: S. 67' IS'
E sD.w)to a is -I. Pipe, farad in a Cumoorlhis omu
THENCE N.II' W I I' E, song mid nd mad ngMn6way line, a dtsunee of 506.87 fro food: N.
n-45' E 50]50 fro) w • I/Y ism and will) oD ut M tM NwN Ime of Salon )I, Doak A fa the
NaMwesurom.fildw..
'+an med... mvvl u..
neDeM �.. Pmeea]
tit
THENCES.W40'23'E., alms the NoMI=ofsaidSection3l.aftaeweof2901.95 fect(dced:East)
to a cotton spodle set for rho Northeast cone of this tract;
THENCE S.02'S0'40" W.adistanceof4." featoa 1I2' von rod withcapset foracomerofthis tract;
THENCES.02'S1'1 V E. at 12.02 fat pass a llr aonred with espsetfortheNorthwestoomerofright-
of-way easemcat for Interstate Highway 27 asreoerded an Vohmae 1403, Page 774 of the Dad Records
of Lubbock County. Texas, continuing along the East ngla-of--way line of add Interstae Highway 27
for a total dtstaoce of 3197.46 feet to a SIB" von rod farad at a comer of this tract;
THENCESAO'00'04'E..slongaidEastnght-of--wayfm.adipanceof83C.97fact (dwil;Nort6 South
831A9 (at) to a IW iron rod with cap set for a coma of this tract;
THENCE S. 05'39'S0' W.. along sold East tight -of -way line a ilk am of 402A6 fat (deed: S.
05'4238' W. 402E to a SW iron rod found at a comer of this bum
THENCE S. 0002.53' W., along said East sight-cf way lim a distance of 499.9E fat (dead: No th.
Sudlt a distance of SW.00 fed) to a SIS' iron rod found at a coma of this out
THENCE S. 05 '4147" W, along said East rfgl"f--way line, a dismnco of 401.96 feet (deed: S.
05'SB'38' E. a dsstsmoe of 402.00 fee) to a SIB' iron rod found at a coma of this tract;
THENCES.00'00'49'8.alongsaidEastri-cfwaytma,adbumoflS1.42fed(doedNorth.Sovsh
a diasnce of 15 1.34 feet) to the Point of iiegin d*
Reservation from Conveyance
For oeatrand Gnmmes bens, successes, sod —go [sew. areservation of49%ofGrantor's nmtaal m
all at gat. and other minerals, in amdmder and that may be produed ftom the be". tribe amrhesl caste
rsatrbjod to exoting peodaetion or an =51mg lease, &areservaton Wad" the pmiluaion,the lease. WA all
benefit fiom it '
For Grantor and Grantor's hum suoccuom and assigns forever, a reservation of on undivided One -Half of
Grantor`s merest in all of the royalty under any, mineral lease now or baafEef covering rho Property Of airy
portion of It; and the right to naive as a fia royalty an undrvsdad One -Half Wall oil, gas, and other minerals
now or hereafter produced from the Property without a mmasl Iesm.
Granwr has to obtain the permission from Gtama befao any drilling activities for =kWownd misxrals.
Graake has the right to lease to a third party fo explamon and ptocurermu of un ilagroand mmerals without
rho consent of the Grantor
Exaptloas is Cooveyamcs and Warramryr.
Liam described as part of the Couddaatic n and any other hens described in this deed n being either sammd
or subject to which ink is hkm; validly existing ensanents, right-of-way. and prescriptive rights, whw= of
ePro rd one0 all ptaauly w n de Ind validly e:is ft restrictions, mcrvWort, eovumus, conditions, of and
gas testes, xnmeral inxaats,and weer imas stsoutstuxdingmpersons othathan Gtsuuar. totdother itaaunesus,
Wier tram conveyances of the surface fee estate, that affect the Property; vaidly existing right of adjoining
owners in my wells and fenoea situated am a common boundary; say disnopancles, coofiias, or shortages in see
or boundary firms; any crumach me nts or overlapping of improvema►t; end taxes for the curmn year, which
Gmta assumes end agrw to pay, and subsequent usessinaus fa that and prior years due to change in land
usage. ownership, or both, the payment of which Grantee aunnmes
Gn1 F i for to Corodaaton and subject to the Reservations from Conveyance and the Exceptions to
Conveyance sad Warrany. grant, salt, and000veystoGm- the Property. together with all sail singular the nghtaand
apFate naeaihaatoin any waybelongrng, tohaveand tobold it toGaatoosmd Grantee's heirs, successors. andatsigehs
faeva: Grantor binds Gram w and Grantor's lens and seoemm to warrant rid foemew defad all and singular the
Property to Gtana and Granter's bdm successors, and assigns aping every person whomsosvw lawvo* ct sift at
to clam Ibo same or any pat tmw& except as to the Resavadons from Comysnoe and the Fxceptotr: to Conveys ce
and Waaanty.
AIMHAW, at Granter's mWiest, has paid in cash to Granter that portion of the purchase prim of the Property
that a evidenced by the note. The first and superior vendo's lira against atdsuperior tnk to the Property are mated for
the: benefit ofA1MBANK and on traufared to AIMRANK without rececase against Grantor.
The rotor's lien against and superior tide to the Property are retained until each nm described is [telly paid
aaoedmtg to its tarns, at which time this deed will became absolute.
Warranty aaad Wkb vwdon urn
HAVW -teae
Para t on
Wben the econt fequtrea, amgular nou4 and pro== t=htde the plufa4
ULY6SO-HOWQO9ernUft0r7HEHOBGOOD
FAMILY TRUST' D TED MAY 18.1M
RUTH BREWER, Thastee of 'THE
HOBGOODFAMI.YTRUST"DATEDMAY 1R,1983
A!��P�
RADLEYoOB D FAMILY
DATED MAY 18,1983
STATE OF TEXAS $
COUNTY OF LUBBOCK $
Aclatowlodged before me, the undemped nobly on this Lyday of Dezember, 2006 by ULYSS 0..
HOBGOOD, Trustee of "THE HOBGOOD FAMILY TRUST"DATERAUX48,W3.
NdryF fe,StMfetTaoa
ItirCawaoo46pra Oi,71t2006
STATE OF TEXAS . r� ��- .+---,w.. •• t
COUNTY OF LUBBOCK $ 'l /
Acknmicdged befae me, the undaatgfmd ootuy an dw of Deow6w. 2006 by MARTHA RUTH.
H99699H, Truma of-M HOBGOOD FAMII.Y TRUST' Ilf����DA 83.
STATE OF TEXAS 7 `44lhraweosm 66ns !!
f
COUNTY OF LUBBOCK S
Aelowwledpd before me, the utdempW natuy an rain day of Dexxmba, 2W6 by MARTHA WRAY
HOSGOOD SPRADLEY, Suoeetaw Tnntee of -THE HOBGOOD F Y DATED MAY 11,1483.
4�-
N bc, Sbte of T
SAN �f U
Wm, cest mlboq]6
FILED'AND RECORDED -
afFicm Fast-u: me ms
o�itta:� a�i
Oars* Ruff, Canty Clark
Lubbock County TMW
December U. 2W 03:36:3R PM
t+f1Q: $to " wam
w.naaw ww wnb vem"%uto
IfNpoor-No
ftw n
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
1 '
Kelly Pinion County Clerk
Lubbock County TEXAS
06/23/2018 04:49 PM
FEE: $90.00
2018024148
CITY OF LUBBOCK - - - -----
OFFICE PICK UP 2018024149 18 Pcs `` 11AGREE
Resolution No. 2018-RO153 ,III i O�iq&i n1101110YT9wI
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'2h , 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 Ueu Of Annexation - 2018 Page 2
to the City. If the Property is annexed pursuant to a provision of this Agreement, then the City shall
provide services to the Property pursuant to Chapter 43 of the Texas Local Government Code.
c. If annexation proceedings begin pursuant to this Section, then the Owner acknowledges that this
Agreement serves as an exception to Section 43.052 of the Local Government Code, requiring a
municipality to use certain statutory procedures under an annexation plan, and as an exception to
requiring certain statutory procedures as to the Owner to effectuate an annexation. Further, the
Owner hereby waives any and all vested rights and claims that it may have under Section
43.002(a)(2) of the Local Government Code and Chapter 245 of the Texas Local Government
Code that would otherwise exist by virtue of any plat or construction the Owner may initiate during
the time between the expiration of this Agreement and the institution of annexation proceedings
by the City.
Section 4 — The Term.
The term of this Agreement (the "Term") shall be five (5) years from the date that this Agreement
is approved by the City Council of the City of Lubbock, unless terminated earlier according to the
provisions contained in this Agreement. Until this Agreement is terminated, this Agreement shall
run with the land and be recorded in the real property records of Lubbock County, Texas.
Section 5 — Termination.
This Agreement will automatically terminate at the end of the Term. This Agreement shall
terminate upon the development non -agriculture of the Property for any use other than agriculture,
upon the filing of any plat or related development document with the City or with Lubbock County,
upon the Lubbock County Appraisal District's removal of the agricultural exemption on the
Property, or upon the Owner's failure to prove that it is the sole owner of the Property with the
authority to sign this Agreement. The Parties may agree in writing to terminate this Agreement
prior to the expiration of the Tenn of this Agreement.
Section 6 — City Council Approval Required.
If the City Council of the City of Lubbock does not affirmatively vote to annex an area that contains
at least a portion of the Property, then this Agreement will be null and void in its entirety.
Section 7 — Notification.
a. Any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and
shall give written notice of the sale or conveyance to the City. Further, the Owner and the Owner's
heirs, successors, and assigns shall give the City written notice within fourteen (14) days of any
change in the agricultural exemption status of the Property. Failure to provide notice as required
in this subsection will constitute a failure of the Owner to prove its ownership of the Property, and
will be grounds for the termination of this Agreement under Section 5 of this Agreement.
b. A copy of any notice required by this section shall be forwarded to the City at the following
address:
City of Lubbock With 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 Ueu Of Annexation - 2018 Page 3
Section 8 — Waiver.
Any failure by the Owner or the City to insist upon strict performance by either Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Owner or the
City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Parties waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by the Owner or the City of any provision of this
Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is
in any way intended to constitute a waiver by any Party of any immunity from suit or liability that
it may have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership.
The Owner hereby expressly affirms that it is the sole owner of the Property and that no other
person or entity has a valid claim to any right, title, or ownership in the Property. Should any
dispute of right, title, or ownership concerning the Property arise subsequent to the Owner's
execution of this Agreement, then the Owner hereby agrees to be solely responsible for defending
and confirming its absolute right, title, and ownership to the Property. If the Owner cannot defend
or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate
subject to Section 5 of this Agreement.
Section 10 — Governing Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Texas. All obligations of the Owner and the City under
this Agreement are performable in Lubbock County, Texas. Venue for any action to enforce or
construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and
regulations of any local, state, or federal governmental authority, having or asserting jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver by the Owner or the
City of any right to question or contest any law, order, rule, or regulation which may affect the
terms and conditions of this Agreement in any forum having jurisdiction, and the Owner and the
City each agree to make a good faith effort to support all proposed laws and regulations which
would be consistent with the performance of this Agreement in accordance with its terms. No
subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the Property pursuant to this Agreement.
Section 11— Remedy.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
Development Agreement In Lieu Of Annexation - 2018 Page 4
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the performance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement In Lieu Of Annexation . 2018 Page 5
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, covering the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21— Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed apart of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the term of the Agreement. Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on (4 913 X, r, 2018
v � 0
For the City:
DANIEL M. POPE, MAYOR
SIGNATURES
For the Owner:
(Additional Owners sign the attached "Exhibit A'7
O ER' SWrqA-f URA
MIOg -IUD IW
OWNER'S PRINTED NAME
Development Agreement In Ueu Of Annexation - 2019 Page 6
ATTEST:
.
Rebe ca Garza>City Secrelar� :-
APPROVED AS TO CONTENT:
Steven O'Neal, Director of Development Services
APPROVED AS TO FORM:
Justin P tt Assistant City Attorney
Development Agreement In lieu Of Annexation - 2018 Page
NOTARIZATION
State of Texas §
County of Lubbock §
This instrument, was executed before me on 2018, by l ,
�.(�✓ _ of the Cityof Lubbock a Texas municipal corporation, on behalf of said
corporation_. • , U
JENNIFERSOWDERCLEMENTS
Notary Public, Stale ofTeras
Noary IDa 124970E-3
Not Public '' My Commissm Expires 0-26.202E
State of Texas §
County of Lubbock §
This instrument was executed before me on W f a A Z7, 2018. by PA I p q TM D 11{
.0 v X.N¢�oWNea
on behalf of said Owner.
,� t MONICA KENNEDY
NotaryPuble, Sorle olTecls
�069" 'I/ Notary ID#124726957
Notary Public MyCom...-- Expires 10 27 2019
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 13" Street
Lubbock, Texas 79401
Development Agreement In lieu W 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 — Sienature
Development Agreement In Lieu Of Annexation • 2018 Page 9
Chapter 43 Agreement for Annexation No. 2018-00051
Located in Section 31. Blnek A l69991 sA
N
W+E
5
OO I17TSUU:E
CITY 110UMi1TS
A-31
R117790
BLK A SEC 31 AS 30 TR 3A ACS: 49.221
OO lTSI111
C1Ilya LbMIfit S
LEGEND
R117790 (49.221ac) Exclusion
�•� Section Lines
Q Parcels
Lubbock City Limits
Feet
a Sao loan
Property Owner Property Address 2017 Assessed Value
R117790 HO MING-TAO - $11,319
2018 GENERAL INFORMATION 2017 VALUE INFORMATION
Property Status
Active
Property Type
Agricultural Land
Legal Description
BLK A SEC 31 AB 30 TR 3A ACS: 49.221
Neighborhood
0900 - Idalou Isd
Account
AC10031-90030-64450-000
Related Properties
R313572
Map Number
031
2018 OWNER INFORMATION
Owner Name
HO MING TAO
Owner ID
00064632
Exemptions
Agriculture Use
Percent Ownership
100%
Mailing Address
400919TH ST #STE D LUBBOCK, TX 79410
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG -Agriculture Use
TAXING ENTITY i EXEMPTIONS
GLB- Lubbock County
HSP- Lubb Cnry Hospital
SID- Idalou ISO
WHP- Hi Plains Water
TOTALS
2017 LAND SEGMENTS
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
$98,442
Total Land Market Value
$98,442
EXEMPTIONS AMOUNT TAXABLE VALUE
$0
$11,319
$0
$11,319
$0
$11,319
- -- -- $0
- — $11,319
Total Market Value
$98,442
Agricultural Use
$11,319
Total Appraised Value
$0
Homestead Cap Loss
_-. __
-$0
Total Assessed Value
$11,319
TAX RATE PER 100 TAX CEILING
0.358158
0
0.109778
0
1.445
0
0.0069
0
-
1.919836
LAND SEGMENT
STATE CODE
HOMESITE
MARKET
AG USE
LAND SIZE
TYPE _— _
_.
VALUE
LOSS
_.._
1 - Irr Crop
DI - Real: Qualified Open -space
No
$4,000
$780
2,000000 acres
Land
2 - Irr Crop
D1 -Real: Qualified Open -space
No
$70,442
$10,302
35.221000 acres
Land
3 - Dry Crop
lenReal: Qualified Open -space
No
$10,000
$204
S.000000 acres
4 - Dry Crop
D1 -Real: Qualified Open -space
No
$14,000
$33
7.000000 acres
Land
TOTALS
2,144,067 Sq. ft / 49.221000
acres
VALUE HISTORY
I YEAR IMPROVEMENT I LAND MARKET AG MARKET AG LOSS APPRAISED HS CAP LOSS ASSESSED
2016 SO $0 $0 $98,442 $13,350 $13,350 SO $13,350
--
SALES HISTORY
DEED DATE SELLER BUYER INSTR # VOLUME/PAGE
12/20/2006 HOBGOOD, FAMILY TRUST HO MING-TAO 2006-52650
DISCLAIMER
Every effort has been made to offer the most current and correct information possible on these pages. The information included on
these pages has been compiled by District staff from a variety of sources, and is subject to change without notice. The Lubbock
Central Appraisal District makes no warranties or representations whatsoever regarding the quality, content, completeness,
accuracy or adequacy of such information and data. The Lubbock Central Appraisal District reserves the right to make changes at
any time without notice. Original records may differ from the information on these pages. Verification of information on source
documents is recommended. By using this application, you assume all risks arising out of or associated with access to these pages,
Including but not limited to risks of damage to your computer, peripherals, software and data from any virus, software, file or other
cause associated with access to this application. The Lubbock Central Appraisal District shall not be liable for any damages
whatsoever arising out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions,
TaxPamel ID Ra 1779U
Assessed Value 8 98,H2
Owner Name NO MING-TAO
Class
Sell: living 0 Square Feet
Year Built 0
Tax DIsbid 9 GM,SID,HSP,WHP
• jr
i�ierenenei-3 M
a pus
WESTERN TITLE CoUrlAnY
NOTIC8C Rmm�m: UM;HO.3W2REANA.LUEbmk.TEI9410
NOTICCOFCORALLOTALEFOIO S:GMFO RCANATURAEPER.90N,YOUMEN7BEFVEOR
IS R3KEANY MCO"PitiEFOLLOWINGINFORMOURSEIOM TEE RIT NUMBS' ORYO 3T
IS FlLED FOR RECORD IN THE PUBLICRECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVERS LICENSE NUMBER.
56/s STATEOFTEEAS §
COUNTY OF LUBtlOCK §
Dale: Deambe1812006
To Be Mode Effective December 14,2W6
Graomr: ULYSS O. HOD000DW MARTIIA RUDI RREWER.T. d MARTHA WRAY HOBCIOOO
SPRADLEY, Sucoemor Totten, of"fHE HOBGOOD FAMILY TRUST" DATED MAY 18, IN3
Oonte: MIN&TAO HO
Grmte's Milling Addreu:
3702 34a Sees
Lubbock.Lub6xk (Conn,, Tece )9410
Cenldentlon:
TEN AND NWIW DOLLARS and a me of even due earom,d by Glmtn and payabk to iR node, of
AIMBANK in Be pee pal emmM of TWO HUNDRED SIKTY-THREE THOUSAND AND NOI100
DOLLARS D263.W.00). The rote n mooted bye R m end mpma vmdar's Ito and mpalr title hind rand In
f is deed m foot of A IMBANE and by o Rno I Ioi deed of trot of even clam, ,coin Gentee to A LLEN CA RSUN.
Trustee.
Pepe dit'Ifthi holoraonefth):
MEf ANDBOUNDSDESCBIPfKWnf 182.N tmcloflmdin Blmk A,SeeOon3l,Labboak
Cooly, Tom. being fullers ecdbeel et fo —
BEGINNING et a 3l4' bra pipe farad in the Wat light -Or ry line Of lowlemi Highway 27 a Ow
Smdte ei toomeoffu tan wbrch bun N06 a dineeni 1 TNdu feet end Wmta ftmre Of 50.00
feet reen ih SoudiieatcwmrofS tice 31. Week A;
THENCE N. 59'5948• W. a divaree of 361.33tent (deed: 361.5B) on M' iron rod found in the Eid
Ime of a 101.00 me Dan to dwM' ed to Volume 6647. Page 312 of de Rd floppy Rennob Of
Lubbae, Cary. Tana atle No6wet come Of a 2.00 roe oan of Bond m dmmibed in Vobuor
56N, PW 2T6 offt Rol Piapaty Hemedm of Lubbxk Came, Tess not Oft Saaonoot. of
dueban:
THENCEN.W'00'48• L. aleng the Ent lin9aned 10 LWjeo, rt.. do..r 1124.57 feel di
North 11243, to a 39• iron rod foundat a come afthu tixq
THENCE Wet, aim, fe Naf line of mid IM.W rrt van, o it... o(29W.50 it. (deed: West
3000.0)) too W ram and food to Be Fin I im of a ill mad nt hlof w+y as dmosb od on Vohone W,
Page 362 offO Vend Records oFL.Rftk Coot', T., at the Saint.. emeofLuz trm;
THENCEN. 05'Ig56• W., almgeld and rand righl.aOway, afmenm al'582.77 feet kind• N.05'15'
W. SWO) to m In' iron and will, cop u. et .point oNmea ft;
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a rNms of21134.93 for. a ccsoel writ of28.0 142•, tm8mt lengdts of 202.58 feel, n chard i itexe
of 1363.45 face end a chats bea:ineof M-51'56-E.(deW:a ehad dietmmof 13633. fell I. a In'
Icon pipe, d ra noun, of fit..;
EIEKCE S.6T'3T45'E. alatg mid nil road nBMof-wny line, a divamx of5031 feet(hN: S. 67-15'
E. %W) me IR• But pipe found an a come offle ban:
THENCE N. 22'5VI I"E.. Nmg mid rail rand riglua4wy lift, a dismrcc of 505.83 feel (and: N.
22`4Y E. ND.50 BID to a UT I=and wif rap ent in Be Nrf lift of Section 31.11 A for tk
Na6wmtemeoffisoni
towo'...enneft n
xemseet lemma
THENCES.89'40'23' E..alaigthe NotthluicofsaidSection3I.* datsrnceof29oi." &et(dexd: Fast)
too cotton spadk set for the Nmthesu comer of do tract;
THENCE & 02'SO'40' W. a d'nstmce of4.98 feetto a 1/2' ooh rod withsapset for a comer ofthis tract;
THENCBS.02'51111' E. at 12.02 fed pass a 1/2" hronrod with capsetfortheNcethwestcornerofright-
of wsy easement for Interstate Highway 27 as recorded in Volume 1403. Page 774 of the Dad Records
of Lubbock County, Tc zm counting along the East nght-of way line of said Interstate Highway 27
for a total digaoco of 1197.46 fed to a Sl8' putt rod fond at a caner of this tract;
THENCES.00'Ot WE.,alongsaidEastright-of-wayhoe,adistanceofg30.97feet(deed:North-South
831.09 foot) to a Itr Iron rod with cap set for a saner of this UM;
THENCE S. 05'39'50' W., along said East right-of-way tine, a distance of 402.06 feet (dad: S.
O5'4239' W.402) to a SW hen tod found at a caner of do tract;
THENCE S. 00'02'55' W. along said Ent right-of-way line, a distance of 499.91 feel (deed North.
Seth a distance of 500.00 fed) to a SW iron rod found d a Gxaner of this tench
THENCE S. OS '41'47" W, along said Fast right-of-way lino, a d o mac of 401.96 feet (deed: S
OS'SS'38" E. a distance of 402.00 fed) to a SW iron rod £and at a caner of this tract;
THENCE S.00'00'49'H,alongsatdFastrigbiof way lens,adistanceofIS1.42fed(deed:North-South
a dimico of 151.34 fed) to the Point of Beginning.
Resemdonu from Cooveyawn
for Giontoraad Gnomes hobs, soccuma, and asaegm forever. a reservation of 49%of (hantoes interest in
all al, gas, and other minerals, in and ruder and that may be pmduead from the Property. If dia mineral auto
is subject toezutmtg production or an exuatag hose. this reservatoa Includes the production, the lease. and all
benefits from it.
For Grntor and Grsnta's ham, successom and amps forever, a reservation of an undivided One -Half of
Gm was mternt in all of the royalty under any mmenl Jesse now or be ea8a corning the Property or any
pomou of it; and the right to receive as a fine royalty an tmdiMed Ono -Half of ell oil, gas, and other mmasb
now or heratber produced from the Property without a mhnenl Jesse.
Gmatar has to obtain the perminion ftnm Grantee before any drilling activities for underground minerals.
Gmmsx has the right to lease to a thirdperty forexploration and procsmematofundagroundnunerahwttwA
the consent of the Grantor
"dons to Coovoyam sod Warranty -
Liens described as pan of the Consideration and my other been described In this deed as being either assumed
of subject to width We is Worn; validly existing easements, rights of -way. and presaiptive lights. whether of
teeard or not; all presently recorded and validly existing resntdiow, reaervadoas, covenants, co ditioms, oil end
gaslosses, mmoral late gists,andwaterbteratsoutamilingmpersonsotherthanGrammandotherinstnaamts,
other than cooveymm of the surfaee fee state, that affect the Property; validly existing fob of adjoining
owaas in any walls and fooces situated ens a eommea bomdsry; nay dkagmwAm cmflien, orshnrtages m arm
or bo ndwy lines; any encroachments or overlapping of improvemeAtr. and taxes for the saran year. which
Grantee assumes and ohgreln to pay. ad subsequent saess<na is for dot and prior yet due to chop in land
usage, ownership, or both, the payment of which Grantee assorna
Grmtor, for the Cansida lion and subject to ere Reservations iiom Conveyance and the Exceptions to
Conveyance and Wamarty. grm%sells, and amveysto Grantee the Property. together with all aid singalarIM nights and
appaunoncestheeeto in any way beloagtng, to have and to bold it toGnatee and Gmmee's heirs, s uceessom andassips
forever. Grantor Dods Grantor and Grantor's boas and successors to warn rid foam defend all and singular the
Property to Grantee tend Gnowe's heirs, sucom n, and assigns agnast every l' whomsoever law$* elumb st at
m elamt the same or any part teereoQ except as to the Reservations hom Conveyance and the Fxaptons to Conveyance
and Warmly.
AIMBANK, ai Gransce's rogiet, hos paid in cash to Grantorthat portion of the pwdhae price of die Property
that a eviderrced by the now. The fastand sups mr vendor's lien against NO superiortitle to the Property ore retained for
the benefit of AIMBANK and are trinsfared toAIMBANK without recourse against Gramor.
The vendor's lien aping and superior title to the Property am retained moil each rota described is Belly paid
according to as terms, at which time this deed will become absolute.
wernaw WW wan V=00 a 1Jra
ttsaaaae - Net Para t art'
Wben the context requires, singutar nouns and pronouns uiclude the plural.
/4;
SO.HOBGOO nueecof-MH HOBGOOD
FAMILY TRUST" DATED MAY 18.1983
MARTHA RUTH BREWER, Trustee of "THE
HOB000DFAMTLYTRUST'DATEDMAY 18,1983
I
05%'
RTiTA RADLEY
of "THE AHO D FAMILY TRUST"
DATED MAY 18.1993
STATE OF TEXAS
COUNTY OF LUBBOCK
Acknowbdgcd br
HOSGOOD, Trustee of" f
STATE OF TEXAS
COUNTY OF LUBBOCK $
Acknowledged before me, the uodersVwI notary as tl
H6Ti69AH, Trustee of'M HOBGOOD FAMILY TRUST"
T�t .
ROWA BRAW
STATE OF TEXAS t A'natam6pers�0l3t3906
COUNTY OF L IBBOCK Tt
of December, 2006 by MARTHA RUTH.
Acknowledged before me, the um kmgned notary on tbtsLL day of December. M by MARTHA WRAY
HOBGOOD SPRAIILBY, Sueasacr Trustee of'THte HOG GOOD FA Y DATED MAY 18,1963.
NpEYIN61m State of T
Son wmpdkjIOt�PS
dIm
IMODenaMEOn O&M
FILED'AND RECORDED
&TIC:et. vtaLSC ttccons
Axis Ruff, Canty Clark
Lubbock Canty TEXAS
D0000bor 29, 2M 03:36:39 rn
tom: Ps M
Wsnasw D d "m varor s rho
Hobtad • Ho ftp 3 ef3
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
* i
Kolly Pinion County Clerk
Lubbock County TEXAS
06/27g/2018 04:49 PM
2 201804149
CITY OF LUBBOCK - _
PI
OFFICE PICK UP 2018024150 17 PGS AGREE
Resolution No. 2018-RO153 ,III rii Ql9IAUVIOWNWovin 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 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 Goverment 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 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 copy to: City of Lubbock
Attn: City Secretary Attn: Director of Development Services
P.O. Box 2000 P.O. Box 2000
Lubbock, Texas 79457 Lubbock, Texas 79457
Development Agreement In lieu Of Annexation - 2018 Page 3
Section 8 — Waiver.
Any failure by the Owner or the City to insist upon strict performance by either Party of any
material provision of this Agreement shall not be deemed a waiver thereof, and the Owner or the
City shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by a written
agreement signed by the Parties waiving such provision. Any waiver shall be limited to the specific
purposes for which it is given. No waiver by the Owner or the City of any provision of this
Agreement shall be deemed or construed to be a waiver of any other provision or subsequent
waiver of the same provision. The Parties expressly agree that no provision of this Agreement is
in any way intended to constitute a waiver by any Party of any immunity from suit or liability that
it may have by operation of law. The Parties agree that the City shall retain all of its governmental
immunities.
Section 9 — Assurance of Ownership.
The Owner hereby expressly affirms that it is the sole owner of the Property and that no other
person or entity has a valid claim to any right, title, or ownership in the Property. Should any
dispute of right, title, or ownership concerning the Property arise subsequent to the Owner's
execution of this Agreement, then the Owner hereby agrees to be solely responsible for defending
and confirming its absolute right, title, and ownership to the Property. If the Owner cannot defend
or fails to defend its right, title, and ownership to the Property, then this Agreement shall terminate
subject to Section 5 of this Agreement.
Section 10 — Governing Law.
This Agreement is entered into under and pursuant to, and is to be construed and enforceable in
accordance with, the laws of the State of Texas. All obligations of the Owner and the City under
this Agreement are performable in Lubbock County, Texas. Venue for any action to enforce or
construe this Agreement shall be Lubbock County, Texas. This Agreement is subject to all
applicable federal, state, and local laws and any applicable ordinances, rules, orders and
regulations of any local, state, or federal governmental authority, having or asserting jurisdiction.
However, nothing contained in this Agreement shall be construed as a waiver by the Owner or the
City of any right to question or contest any law, order, rule, or regulation which may affect the
terms and conditions of this Agreement in any forum having jurisdiction, and the Owner and the
City each agree to make a good faith effort to support all proposed laws and regulations which
would be consistent with the performance of this Agreement in accordance with its terms. No
subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the Property pursuant to this Agreement.
Section 11— Remedy.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity,
or otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
Development Agreement In lieu Of Annexation - 2018 Page 4
Section 12 — Public Information.
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with the Texas Public Information Act (Tex. Gov't. Code Ann. Chapter 552 et seq.,
as amended), the same shall be of no force and effect.
Section 13 — Third -Party Beneficiaries.
This Agreement inures only to the benefit of, and may only be enforced by, the Owner and the
City. No other person or entity shall have any right, title, or interest under this Agreement or
otherwise be deemed to be a third -party beneficiary of this Agreement.
Section 14 — No Personal Liability & No Joint Venture.
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer, or agent of any public body that may be a party to this Agreement. This
Agreement is not intended to, and shall not be construed to, create any joint enterprise between or
among the Parties.
Section 15 — Due Diligence & Force Majeure.
The Parties shall use good faith, due diligence, and reasonable care in the performance of the
obligations under this Agreement, and time shall be of the essence in such performance. In the
event that either Party is unable to perform its respective obligations under this Agreement due to
any event or circumstance that is not within the reasonable respective control with the exercise of
good faith, due diligence, and reasonable care of that Party (a "Force Majeure"), then the
obligations affected by the Force Majeure shall be temporarily suspended. Within three (3)
business days after the occurrence of a Force Majeure, the affected Party shall give notice to the
other Party with such notice including a detailed explanation of the Force Majeure, a description
of the action that will be taken to remedy the Force Majeure, and the estimated earliest possible
time the full performance of the Agreement may resume.
Section 16 — Enforcement.
This Agreement may be enforced by the Parties by any proceeding at law or in equity. Failure to
do so shall not be deemed a waiver to enforce the Agreement thereafter.
Section 17 — Governmental Powers.
It is understood that through its execution of this Agreement the City does not waive or surrender
any of its governmental powers, except as expressly set forth herein.
Section 18 — Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original and constitute one and the same instrument. The Owner acknowledges that each and
every owner of the Property must execute this Agreement in order for it to take full effect.
Section 19 — Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,
and the remainder of this Agreement shall remain in full force and effect and shall be interpreted
to give effect to the intent of the Parties.
Development Agreement In lieu Of Annexation - 2018 Page 5
Section 20 — Entire Agreement.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior
agreements, whether oral or written, covering the subject matter of this Agreement. The Owner
acknowledges that each and every Owner of the Property must sign this Agreement in order for
the Agreement to take full effect, and that "Exhibit A" attached to this Agreement is where
additional Owners shall execute this Agreement.
Section 21 — Captions & Recitals.
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,
shall be incorporated into, and deemed a part of, this Agreement.
Section 22 — Modification of Agreement.
This Agreement cannot be modified or amended except in writing signed by the Owner and the
City and attached and made a part of this Agreement.
Section 23 — International Warranties.
The Parties warrant that each complies with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying: (1) that Neither Party boycotts Israel; and, (2) that Neither Party
will boycott Israel during the term of the Agreement. Additionally, the Parties recognize that Texas
Senate Bill 252 prohibits the City of Lubbock from entering into a contract with a vendor that is
identified by the Texas Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan, or a foreign terrorist organization.
The Parties hereby enter this Agreement on.�Or t J7 , 2018.
For the City:
DANIEL M. POPE, MAYOR
SIGNATURES
For the Owner:
/Additianal Onmers sign the attached "ExhibitA%
O NER'SS GNATURE
Mornas J. Th�e,l
OWNER'S PRINTED NAME
Development Agreement In Lieu Of Annexation- 2018 Page 6
ATTEST:
Rebe -f Garza, City Secretary -
APPROVED AS TO CONTENT:
Steven O'Neal, Director of Development Services
APPROVED AS TO FORM:
r �
1 tm P Litt, Assistant City Attomey
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 ,
of the City of Lubbock, a Texas municipal corporation, on behalf of said
corporation e n
�AUWXAJENNIFER SONER CLEMENTS
• NotaryPoblb,StalaolTaxas
Notary Ublic Wary 109124970fi8.7
MY Commissoa Exgeas 0M8-2020
State of Texas §
County of Lubbock §
This instrument was executed before me on L 3 2018, byThoMs S. n i e.l rnrGL ,
on behalf of said Owner. IAI1 rn be%TynP I)-CNd
f� MEE
E A REESE
Taos
`1,L.}^ . %} ��_ Public, 04-tale oS2021
I l/.hl.ft;L� �..�1. pires 04e1 f Taos
Notary Public ., ID 553153-3
When Recorded Return To:
City Manager
City of Lubbock, Texas
1625 1311 Street
Lubbock, Texas 79401
Development Agreement In Lieu Of Annexation - 2028 Page 8
EXHIBIT A— ADDITIONAL OWNER SIGNATURES
AM signatures listed in this Exhibit nuts[ be accompanied by Notarization
Owner Name — Printed
Owner Name — Sienature
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. 2018-00051
Property Owner Property Address 2017 Assessed Value
R74772 THIELTHOMASI 9005 N MLK BLVD. LUBBOCK. Tx 7QAnR Q„n
2018 GENERAL INFORMATION
Property Status
Active
Property Type
Farm Improvements
Legal Description
BLK A SEC 36 AB 683 TR A & B OF SE/PT AC:133.33
Neighborhood
0901A789 - Rural New Deal RFV 7 thru 9
Account
AC10036-90683-70100-000
Map Number
036
2018 OWNER INFORMATION
Owner Name
THIELTHOMAS)
Owner ID
0076677
Exemptions
Agriculture Use, Homestead
Percent Ownership
100%
Mailing Address
9005 N MLK BLVD LUBBOCK, TX 79403
2017 VALUE INFORMATION
improvemelt Homesite Value $165,510
Improvement Non-Homesite EO
- - Value
Total Improvement Market $165,510
Value
Land Homesite Value
$2,394
Land Nan-Homesite Value
$0
Land Agricultural Market Value
$218.683
Total Land Market Value
$221,077
Total Market Value $386,587
Agrlcultural Use $51,689
Total Appraised Value $167,904
-Homestead Cap Loss -$0
Total Assessed Value $219,593
2017 ENTITIES & EXEMPTIONS
Special Exemptions AG - Agriculture Use
TAXING ENTITY EXEMPTIONS
EXEMPTIONS AMOUNT
TAXABLE VALUE !
`— ---
TAX RATE PER 100 TAX
GLB- Lubbock County-
$219.593
0.358158
_L
0 _CEILING
HSP- Lubb Cnty Hospital
$0
$219,593
0.109778
0
SND- New Deal ISD HS
$25,000
$194,593
1.17
0
WHP- HI Plains Water
SO
$219,593
0.0069
0
TOTALS
1.644936
2017 IMPROVEMENTS
Improvement #1 State Code
Homesite
• Al - Real Residential Single Family
Yes
RECORD TYPE
;__..------_-_- _--
YEAR
BUILT f
SQ
i 1 MA - Main Area
1987
2 GAR - Garage
1987
2017 LAND SEGMENTS
LAND SEGMENT STATE CODE
HOMESITE
MARKET
,TYPE `_
1 - Residential At -Real Residential Single Family
----_VALUE
Yes
$2,394
2 - Irr Crop D1 - Real: Qualified Open -space
Land
No
$218,683
TOTALS
VALUE HISTORY
YEAR IMPROVEMENT LAND MARKET AG MARKET AG LOSS
2016 $168,466 $2,394 $170,860 $218,683 $60,966
SALES HISTORY
DEED DATE SELLER BUYER
10/23/1987 - UNKNOWN THIEL THOMAS J
DISCLAIMER
a Expand/Collapse All
Total Main Area Market Value
3,009 Sq. Ft S165,510
VALUE
ADD'L
--- L-- _ - _ . -., ....INFO. _
3,009 $152,007 v Details
594 $13,503 a Details
AG USE
LOSS -
LAND SIZE
- - - --
$0
0.798000 acres
$51,689
132.535000 acres
5,807,985 Sq. it / 133.333000
acres
APPRAISED
HS CAP LOSS ASSESSED
$231,826
$O 5231,826
INSTR # VOLUME/PAGE
- 2661/113 -
Every effort has been made to offer the most current and correct information possible on these pages. The information included on
thesg pages has been compiled by Dlstritt 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,
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whatsoever arising out of any cause relating to use of this application, including but not limited to mistakes, omissions, deletions,
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Implied.
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O90DS N NLK BLVD, LUBBOCK, TX 39403
Txxrctl m g]yj]
1 ..w VNue $386,sel
am. Name TNt¢TN0N i
0. Ro
_ 39h W " 3,0095P 1.
Fl Yxr Bulh t98]
Tx 01eWC S WB.BNO,Nsv,WHP
II
�tm We— J. Win'
3. f
y yLubbock,u60ecTaxes
1)
sae vm2661 amity '
MPMN[Y OPEO
WE no. 0a TEXAS I '
KIM ALL Me HY THESE Menr183
THAT us, NEHNEPH 9. LHIEL and wife. Jager P. THIEL,
a! �M1e fnm[y w[ Lu, "a ¢Isle o! r+x, , !or and la
en Sdextlon o! In. ¢w oe rOl AHD .1100 DOLLAM (610.00)
and ablate total and Yaloable mnsideratmn•
In nand paid by THOMS J. THIM and mfe. z3gEA.r — reigo,
The r.¢Ipt and .0tices-, of .11 of suicb I. bereby ack-ul.dg.d .ud .—I .... d;
nave .,..,ad, fold end Gna.ptl• .ndL, the.. pr..anta an Lxnb Sue and W—Y
a [N ultl 1H01y5 J. M]EI. and x[e, SM[LL AH ]N 6
Man +dd.0 is Y,oit4t L Cn4?51- U[b b /19nO1
O! the t" 0[ tuland S[ata of I,xe ..13 rd I
teals lot. toe[ or pxul at land altwced {n Lubbock Onv,[Y. rae,a. xd
e..erib.a .. [ell ova:
O A tact of , Co..Doted m tM butMart y. I— .[ I-cring n 36, r de r G.C. i
g,r, p+11x)eu[vq. Lubbock Camq. Sexae. Nlvg [uetMr described as
Ilum.:
meade
0[G3NNINL an e SJB" Seoe sod . with up in t 1 A¢t lfae wi Section ]6 I.
Mar. e. Wb5'f0" re a nne'.ye n! Intel..
fact 4w ens HartMut
of pM1a ..threat Pua.T of 6xtlon 36. slack A. C.L. a SJ.
YSiw+y L0. Survey. along
County. raua:
tll[IILE E. 00' 1 at o slang the 6ex line o[ said
6aeelnn 36.
+ dlaxne. of
103.Oo !I. m • 5/0" leas a0t .at a 3 up:
ieFJ:Ct H, . S n !0f V.. a[ -X.00f-u feet pee + 5/0" area red V.I.as,ils up ID Inv
wear Lfve of + TI mlib.a ear uameve .co-ed for we Rota P+N distance
God aRm.ayd.fa o[ L. 5/8' 1... r at u c.nelvuivg !or a total tlittarce
of 1a8.00 Mat re + ista iron rvd at fastith cap:
TAINCE N. 00'W'SD" E. a dl,unce of I83.00 fast t0 a 3/8" lroo: and nt vi[n
Waste a. S9155-ta- 0.. at 15a.00 feet peas a Ila s iron and one H[h cap in
be Vet Hna of old .lghe-cf, • .u.n .—I-Log an a rural
disease, v! 185.00 feet I. The rofar of sepmina.
SUMECT TO ..avers an abuse of .wcd In Volume 113, Page AS, Values 259. Page
110. Voiw. 353. Page 639, and Voluca L960, page .d., all of the Deed concede of
Lubbock County. Ian..
To ten Age TO MOLD the above-dxctlb.d Rex.eb .fetter ul[h all +M
the rights and oppurtemeva iVers in solids N3onflq unin the x1d
'I.Iat.
SHOMI J. Tam sod V11.1 [130MY a3M VIM. heft
he6e anMecu[on ..... antl Jo nenby bind [ ^v„
Mize, a sod dLLnLtntacs. to Xs[rant end 4eteva[ M[and llsvtl xNulat
t
Loveq
'I
O
M aid ptraim the said
SPtlNI J.... ate ... MMMI.T . Nltl. [bear [lafw
suits and axlgw, against evoty, pesos vbaxaav[ lev[ully aLinde.. u r to
she a— at sty 9act ifezwL 3
.etuds. out Wnd. at Lubbock. 1.teb
eel. If.. day of October.
pea. WTBIH.EEL envyl O
[EA.I'IN 1
fie p
WE STATE Op T6Gp I
pDLMTY.1 L1O10E3K i
Wit ms.,em0.x, ¢hvuladgad Mfo. v,w the 1hd day of Ocmbae i
19 BI ,'by Waga H 1.I TVWL and hfe. '.WIT P. MM
PSLL� Tager . '• 'td' ..' eatery 9ub11C, ML [ .. xe
�/9esdan..' 9- HY bml vivo gupt 10-Id-90
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock Coun(y 1EKS
05/27/201& 04:49 PM
FEE: ya'.00
2018024150