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HomeMy WebLinkAboutResolution - 2021-R0233 - Annexation Agreement with LEDA 6.22.2021Resolution No. 2021-R0233 Item No. 7.4 June 22, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Municipal Services Agreement for and on behalf of the City of Lubbock, by and between the City of Lubbock and Lubbock Economic Development Alliance, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on ATTEST: A---- iiebeka Garza, City Secret APPROVED AS TO CONTENT: 71 Bry Isham, Director lanning APPROVED AS TO FORM: June 22, 2021 Uj - DANIEL M. POPE, MAYOR Resolution No. 2021-R0233 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE This Municipal Services Agreement ("Agreement") is entered into on 22nd day of June , 2021 by and between the City of Lubbock, Texas, a home -rule municipality of the State of Texas, ("City") and Lubbock Economic Development Alliance ("Owner"), collectively referred to as ("Parties"). RECITALS The Parties agree that the following recitals are true and correct and form the basis upon which the Parties have entered into this Agreement. WHEREAS, the annexation of property into the City is governed by the provisions of Chapter 43 of the Texas Local Government Code ("LGC"); WHEREAS, Section 43.0671 of the LGC permits the City to annex an area of each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Owner owns certain parcels of land situated in Lubbock, Texas which consists of approximately 407.28 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit A attached and incorporated herein ("Property"); WHEREAS, Owner has filed a written request with the City for full -purpose annexation of the Property, and said petition for annexation is set forth in Exhibit B attached and incorporated herein ("Petition"); WHEREAS, the City and the Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Lubbock City Council; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, the City and the Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Properties, which are the subject of the annexation. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Properties in accordance with the service plan below and state law, which may be accomplished through any means permitted by law. 3. MUNICIPAL SERVICES a. Commencing on the effective date of annexation, the City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with the applicable city ordinances, rules, regulations, and policies. i. Fire Services a. Existing Services: None b.Services to be Provided. Fire suppression will be available to the area upon annexation. Primary fire response will be provided by Fire Station No. 5, located at 1101 Zenith Ave, Station No. 2, located at 1515 E. Ursuline Street, and Station No. 10, located at 4810 MLK Blvd. Station No. 5 is approximately 1.8 miles from the proposed annexation with an approximate response time of 3 to 4 minutes. Station 2 is approximately 3.1 miles from the proposed annexation with an approximate response time of 4 to 5 minutes. Station No. 10 is approximately 4.0 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Fire suppression activities can be afforded to the annexed area with an acceptable response time within current appropriation. Fire Prevention activities will be provided by the Fire Marshal's office as needed. ii. First Responder Emergency Medical Services a. Existing Services: None b.Services to be Provided. Lubbock Fire Rescue is a Basic Life Support (BLS) First Responder Organization. BLS First Responder emergency medical response will be provided by Fire Station No. 5, located at 1101 Zenith Ave, Station No. 2, located at 1515 E. Ursuline Street, and Station No. 10, located at 4810 MLK Blvd. Station No. 5 is approximately 1.8 miles from the proposed annexation with an approximate response time of 3 to 4 minutes. Station 2 is approximately 3.1 miles from the proposed annexation with an approximate response time of 4 to 5 minutes. Station No. 10 is Owner -Initiated Annexation Service Agreement-LEDA Page 2 of 10 approximately 4.0 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. First Responder Emergency Medical Services can be afforded to the annexed area with an acceptable response time within current appropriation. Emergency medical transport is provided by the Lubbock County Hospital District. iii. Police Services a. Existing Services: None b.Services to be Provided. The Police Department's responsibility for responding to emergency and non -emergency law enforcement calls for service and to provide law enforcement patrol coverage in an effort to prevent, reduce, mitigate and solve crimes will extend to this area on the effective date. These services can be provided within the department's current budget. iv. Building Safety Services a. Existing Services: None b.Services to be Provided. The Building Safety Department will provide construction code enforcement services upon annexation. This includes construction plan review and field inspection services and the issuance of building, electrical, and plumbing/mechanical permits for any new construction and remodeling, as well as enforcement of all other applicable laws and codes that regulate building construction within the City of Lubbock. It is anticipated that such services can be provided with current personnel and within the current budget appropriation. As land is developed, the need for additional personnel and budget appropriations will be dependent upon the type, intensity and rate of development within the annexed area as well as areas that compete for those resources. V. Planning and Zoning Services a.Existing Services: Subdivisions of land within the five -mile extraterritorial jurisdiction (ETJ) of the city are required to have a plat of the subdivision prepared in accordance with the City of Lubbock subdivision regulations. Currently, plats and subdivisions in the ETJ are approved by the Planning and Zoning Commission, as well as the County Commissioner's Court, as may be dictated by applicable state statutes and City ordinances. Similarly, signs and billboards are regulated within the ETJ pursuant to the City's sign ordinance, as authorized by State law. No other Planning department services are authorized or offered outside of the City limits, including zoning. Owner -Initiated Annexation Service Agreement-LEDA Page 3 of 10 b.Services to be Provided. The Planning and Zoning Department's responsibility for regulating development and land use through the administration of the City of Lubbock Zoning Ordinance will extend to this area on the effective date of the annexation. The annexed areas will also continue to be regulated under the requirements of the City of Lubbock Subdivision Ordinance. These services can be provided within the department's current budget. vi. GIS and Data Services a. Existing Services: None b.Services to be Provided: GIS and Data Services will update all city-wide GIS data sets to include the newly annexed areas. This will include support to the Office of City Secretary for elections requirements, to Building Inspection, Streets and Traffic Engineering for addresses, street names and street signs, and to Planning for transitional zoning. GIS will facilitate a meeting with Lubbock Emergency Communication District, Police and Fire for determination of updated information for 911 Dispatch. Updated GIS information that is public will also be reflected on the GIS mapping website for citizens. vii. Publicly Owned Parks, Facilities, and Buildings a.Existing Services: City of Lubbock Library's materials, services, and programs are currently available to anyone who lives in Lubbock County. b.Services to be Provided. Residents of the Property will be permitted to utilize all existing publicly -owned and available parks, facilities (including community service facilities, libraries, swimming pools, etc.) and buildings throughout the City. Upon the effective date of annexation, staff will study areas to be included in future versions of the Parks Master Plan. Any addition of parkland will create additional expenses to the Parks and Recreation operating budget. The Library will continue to provide services to all of Lubbock County, including the area to be annexed. These services are provided within the department's current budget. viii. Code Administration/Environmental Health Services a. Existing Services: None b.Services to be Provided. The City of Lubbock's Code Administration/Environmental Health Departments will implement the enforcement of local ordinances and regulations on the effective date of the annexation. Such services can be provided with current Code Owner -Initiated Annexation Service Agreement-LEDA Page 4 of 10 Administration/Health Department Personnel and within the current budget appropriation. As land is developed, increases in personnel and budget will be needed in order to provide the same level of customer service. ix. Animal Services a.Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock County Sheriff s Office. b.Services to be Provided: Animal control services will be provided to the area as needed. The City of Lubbock Animal Services Department will implement the enforcement of the City of Lubbock's animal control ordinances and regulations upon the effective date of the annexation. It is anticipated that such services can be provided with current personnel and budget appropriation, but response times may increase. X. Street Services a.Existing Services: City of Lubbock Public Works currently maintains the roads adjacent to this tract. b.Services to be Provided. In accordance with the Master Thoroughfare Plan, the proposed annexation area is adjacent to E. 4th Street and E.19th Street totaling 1.6 miles of Arterial Roadway. As development occurs, the City's current policies require the City to design and build Arterial Roadways. Capital projects may be required in the future to provide adequate funding to support this anticipated growth. The timing of these improvements would be contingent on available funding and growth patterns in these areas. xi. Storm Water Management Services a.Existing Services: City maintains jurisdiction of playa lakes within the ETJ. TCEQ (Texas Commission on Environmental Quality) has jurisdiction of enforcement and compliance with stormwater related permits outside the City limits. b.Services to be Provided. As land is developed, developers will provide plans for addressing the conveyance of storm water drainage. The Development Engineering staff will review the drainage plans for compliance with the current drainage regulations and policies. Any major improvements for conveyance will be inspected for compliance by the city staff at time of completion. Additionally, as land is developed and building permits are requested, Storm Water staff reviews each permit request for compliance with the Chapters 22 (City's Stormwater permit) and Chapter 30 (Lakes and Floodplains) of the City Code. After permit issuance, inspections of the Owner -Initiated Annexation Service Agreement-LEDA Page 5 of 10 construction sites are to ensure compliance with the City Code and state regulations. Depending on the type and intensity of development within the annexed area, the need for additional personnel and budget appropriations may be needed to provide adequate customer service (development and permit review and inspections). TCEQ Stormwater permit holders will be transitioned from TCEQ oversight to City of Lubbock oversight, i.e. inspection and compliance of these existing facilities will now be the responsibility of the Storm Water Staff. xii. Street Lighting a. Existing Services: None b.Services to be Provided: i. Northeastern 252.5 acre tract — None. This tract is beyond the limits of LP&L's electric service territory. The boundaries of which do not extend with annexations. ii. Southwestern 154.8 acre tract — This tract straddles LP&L and SPEC'S service territory, but can be served by LP&L. Per Ordinance No. 2004-00100, LP&L charges $13.40 per linear foot to bring underground services onto commercial tracts greater than one acre. Customer's contractor to provide ditch and backfill. xiii. Traffic Engineering Services a. Existing Services: None b.Services to be Provided. Upon annexation and in conjunction with the platting process, Traffic Engineering will identify and install required traffic signs to be installed at the developer's expense. Other regulatory traffic control devices will be provided after appropriate studies indicate the data meets the minimum requirements as set forth in the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and as budget permits. xiv. Water and Sanitary Sewer Services a. Existing Services: None b.Services to be Provided: 1. Water and Sewer infrastructure is not currently adjacent to this area within the existing City Limits. Availability of water and sewer is at the request and expense of the user, and shall be provided within current policies and ordinances of the City (note below for an explanation of pro-rata charges). Water and sewer for domestic and commercial use, when installed, will be available at approved City Owner -Initiated Annexation Service Agreement-LEDA Page 6 of 10 rates. Water for fire protection will be available through lines only after service lines are installed by the developer. Pro-Rata Charges: Chapter 22, City Code establishes the charges or the actual cost of construction due on all property to which water and/or sewer lines are extended. The charge is generally known as "pro-rata" and is due and payable before service is provided. The pro-rata charge represents a portion of the costs of providing water and/or sewer facilities to serve the property on which the pro-rata is paid. When a person desires water and/or sewer service to property that requires an extension of existing facilities to provide service adjacent to the property or when the service connection will be made to a line constructed after April 1, 1952, the person desiring service shall pay non-refundable charge called pro-rata. 2005 pro-rata charges include $15.00 per front foot of lot or tract to be serviced for sewer and $12.00 for water, unless the actual extension cost is greater, then the charge is per actual cost. When an extension of water/sewer facilities exceeds the above costs, the person(s) desiring service shall pay the entire cost and later be refunded that amount above pro-rata when other persons tie onto service and pay their pro-rata. Ordinance 8017 specifies other items including: a) pro-rata on property already platted, and extension of services. b) pro-rata and extensions to property being platted c) sizes of lines and meter sizes d) location for service connection e) deposits, charges, refunds f) cost of large mains may be partially paid by City, and other consideration, or g) when the City Council can declare a health hazard and install mains at public expense. xv. Solid Waste Services a.Existing Services: None Owner -Initiated Annexation Service Agreement-LEDA Page 7 of 10 b.Services to be Provided. Solid Waste Collection shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing City policies, beginning with occupancy of structures. Since there is potential residential growth within this area of annexation, impact to services has been determined to be gradual. Additional driver and equipment can be projected when 1,000 residential unit structures are occupied, and an increase in staffing and equipment will be needed as development continues within this proposed annexation area and exceeds route collection averages. The landfill will be able to handle this request. The only impact would be that the City could anticipate landfilling additional solid waste tonnage and ultimately developing the next landfill cell sooner than currently projected. b. It is understood and agreed that the City is not required to provide a service that is not included in this agreement. c. Owner understands and acknowledges that the City departments listed above may change name or be -reorganized by the City Manager. Any reference to a specific department also includes any subsequent department that will provide the same or similar services. 1. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 2. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the Parties will be construed as if the part, term, or provision was never part of the Agreement. 3. INTERPRETATION. The Parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The Parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. 4. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Lubbock County, Texas or the United States District Court for the Northern District of Texas, Owner -Initiated Annexation Service Agreement-LEDA Page 8 of 10 Lubbock Division and construed in conformity with the provisions of Texas Local Government Code Chapter 43. 5. NO WAIVER. The failure to either party to insist upon the performance of any term or provision of this Agreement or to exercise any right grated hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 6. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waiver or surrender any of its governmental powers or immunities. 7. 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. 8. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the term and conditions of this Agreement. 9. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the Parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property and is binding on the Owner. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral and written agreements between said Parties. This Agreement shall not be amended unless executed in writing by both Parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. IN WITNESS HEREOF, the Parties have executed this Agreement as of this 22nd day of June 2021. CITY OF LUBBOCK: U_ DANIEL M. PO , Mayor ATTEST: LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE: A Barry Orr, Ch man Owner -Initiated Annexation Service Agreement-LEDA Page 9 of 10 Q4A t.4 -. Rebe t a Garza, City Secretar APPROVED AS TO CONTENT: Bryan ector of Planning APPROVED AS TO FORM: jy 4.s,De_p_uTy`tityAttom Owner -Initiated Annexation Service Agreement-LEDA Page 10 of 10 20200590091 4 COX �DDEEED �! FHT/ Return To Service Title GF# 41002 ■III 1tl'r�i li�,O N' i Nd W W41 11,1I11 WARRANTY DEED (STC jh/GF#41002) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE 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: December 28, 2020 Grantor: WILLIAM H. CARLTON, JR., a married person, but not herein joined by my spouse for the reason that the Property is not now, nor has it ever constituted any part of our homestead Grantee: LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE Grantee's Mailing Address: 1500 Broadway, Sixth Floor, Lubbock, Lubbock County, Texas 79401 Consideration: $10.00 and other good and valuable consideration, to Grantor paid by Grantee, the receipt and sufficiency of all of which is hereby acknowledged and confessed. Property (including any improvements): METES AND BOUNDS DESCRIPTION of a 252.47 acre tract of land, being that same tract described under County Clerk File No. 2010002205 of the Official Public Records of Lubbock County, Texas, located in the North Half of Section 6, Block 0, E. L. & R. R. Railroad Co. Survey, Lubbock County, Texas, and being further described as follows: BEGINNING at a 1/2" iron rod found in the East line of said Section 6, at the most Easterly Northeast corner of this tract, which bears S. 00°25'35" E. a distance of 544.50 feet from a 3/8" iron rod found at the Northeast corner of Section 6, Block 0, E. L. & R. R. Railroad Co. Survey, Lubbock County, Texas; THENCE S. 00°25'35" E., along the East line of said Section 6, a distance of 2116.30 feet to a 1/2" iron rod found at the Northeast corner of a 160.0 acre tract (Southeast Quarter of said Section 6) described in Volume 3401, Page 326 of the Real Property Records of Lubbock County, Texas, and the Southeast corner of this tract, same being the Southeast corner of the Northeast Quarter of said Section 6; THENCE S. 89'32'24" W., along Northern boundary of said 160.0 acre tract and the South line of the Northeast Quarter of said Section 6, at 30.00 feet pass a 1/2" iron rod with cap marked "HRA" set in reference, continuing for a total distance of 2674.53 feet to a 1/2" iron rod with cap marked "Smith" found at the Northwest corner of said 160.0 acre tract, the Southwest corner of Northeast Quarter of said Section 6, the Northeast comer of Southwest Quarter of said Section 6, and the Northeast corner of a 154.8 Acre Tract described under County Clerk File No. 2011021320 of the Official Public Records of Lubbock County, Texas; THENCE S. 89"54'33" W., along Northern boundary of said 154.8 acre tract and the South line of the Northwest Quarter of said Section 6, a distance of 1801.62 feet to a 1/2" iron rod with cap marked "HRA" found at the Southeast comer of a 50.7 acre tract described in Volume 1886, Page 261 of the Deed Records of Lubbock County, Texas and the Southwest corner of this tract; THENCE N. 00'03'53" W., along the Eastern boundary of said 50.7 acre tract, a distance of 2101.64 feet to a 1/2" iron rod with cap marked "HRA" found at the most Westerly Northwest corner of this tract, from whence a railroad spike found in the North line of said Section 6 bears N. 00°03'53" W. a distance of 544.50 feet; THENCE N. 89°30' E. a distance of 800.00 feet to a 1/2" iron rod with cap marked "HRA" set for an "ell" corner of this tract; THENCE N. 00003'53" W., at 504.50 feet pass a 1/2" iron rod with cap marked "HRA" set in the South line of a 40 foot right-of-way easement described in Volume 215, Page 190 of the Deed Records of Lubbock County, Texas, continuing for a total distance of 544.50 feet to a "MAG" nail with washer set in the North line of said Section 6, for the most Northerly Northwest comer of this tract; THENCE N. 89°30' E., along the North line of said Section 6, a distance of 2859.42 feet to a "MAG" nail with washer set for the most Northerly Northeast corner of this tract; THENCE S. 00°25'35" E., at 40.00 feet pass a 1/2" iron rod with cap marked "HRA" set in the South line of said 40 foot right-of-way easement, continuing for a total distance of 544.50 feet to a 1/2" iron rod found at an "ell" corner of this tract; THENCE N. 89030' E., at 770.00 feet pass a 1/2" iron rod with cap marked "HRA" set in reference, continuing for a total distance of 800.00 feet to the Point of Beginning. SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND: METES AND BOUNDS DESCRIPTION a 0.0430 acre tract, being that same tract described in Volume 1771, Page 194 of the Deed Records of Lubbock County, Texas, located in the North Half of Section 6, Block 0, E. L. & R. R. Railroad Co. Survey, Lubbock County, Texas, and being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HRA" found in the South line of a 40 foot right-of-way easement described in Volume 215, Page 190 of the Deed Records of Lubbock County, Texas, at the Northeast corner of this tract, which bears S. 89°30' W. a distance of 2480.53 feet and S. 00°30' E. a distance of 40.00 feet from a 3/8" iron rod found at the Northeast corner of Section 6, Block 0, E. L. & R. R. Railroad Co. Survey, Lubbock County, Texas; THENCE S. 00°30' E. a distance of 25.00 feet to a 1/2" iron rod with cap marked "HRA" set for the Southeast corner of this tract; THENCE S. 89°30' W. a distance of 75.00 feet to a 3/8" iron rod found at the Southwest corner of this tract; THENCE N. 00030' W. a distance of 25.00 feet to a 318" iron rod found in the South line of said 40 foot right-of-way easement, at the Northwest corner of this tract; THENCE N. 89°30' E., along the South line of said 40 foot right-of-way easement, a distance of 75.00 feet to the Point of Beginning. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: SUBJECT TO restrictive covenants as shown of record in Volume 6258, Page 55 of the Real Property Records of Lubbock County, Texas; Volume 7537, Page 53; Document Number 2010002205; and Document Number 2010002207 of the Official Public Records of Lubbock County, Texas. THERE IS EXCEPTED FROM THIS CONVEYANCE any and all interest, whether whole or an undivided portion thereof, in the oil, gas and other minerals in and under the Property, royalty interest, or interest in royalty, which may be outstanding in parties other than Grantor resulting from prior reservation and/or conveyance by predecessors in title, including but not limited to that certain interest described in instrument of record in Volume 293, Page 355; Volume 1694, Page 273; Volume 1694, Page 277, refiled in Volume 1711, Page 439; Volume 1752, Page 276; Volume 1752, Page 280 of the Deed Records of Lubbock County, Texas; Volume 4825, Page 65; Volume 6258, Page 55 of the Real Property Records of Lubbock County, Texas; and Volume 9444, Page 211 of the Official Public Records of Lubbock County, Texas. SUBJECT TO Transmission Right -of -Way Easement from C. N. Hodges, grantor, to Pioneer Natural Gas Company, grantee, dated December 31, 1954 and recorded in Volume 571, Page 446 of the Deed Records of Lubbock County, Texas. SUBJECT TO the Property having frontage or abutting Farm to Market Road 40, which is a controlled access highway, as set forth in State Highway right-of-way recorded in Volume 215, Page 190 of the Deed Records of Lubbock County, Texas conveying fee title to the State of Texas for highway purposes, and the exercise of power by the State of Texas pertaining to controlled access highways as set forth in Chapter 203 of the Texas Transportation Code. SUBJECT TO Right -of -Way Easement granted to the State of Texas, as set forth in that certain instrument dated March 15, 1960 and recorded in Volume 786, Page 39 of the Deed Records of Lubbock County, Texas. SUBJECT TO Easement for Underground Facilities granted to Southwestern Bell Telephone Company, as set forth in that certain instrument dated October 30, 1978 and recorded in Volume 1614, Page 71 of the Deed Records of Lubbock County, Texas. SUBJECT TO Right -of -Way easement from Lubbock Brick & Tile, grantor, to American Telephone and Telegraph Company, grantee, dated January 24, 1991 and recorded in Volume 3535. Page 70 of the Real Property Records of Lubbock County, Texas. SUBJECT TO the terns, conditions, provisions, stipulations, easements, railroad tracks, track materials, related track structures and facilities, and the rights of Track Tech, Inc., as set forth in that certain Quitclaim Deed dated March 18, 1999 and recorded in Volume 6258. Page 55 of the Real Property Records of Lubbock County, Texas. SUBJECT TO those matters reflected on that certain perimeter and improvement survey of the above described Property prepared by Brent Carroll, Registered Professional Land Surveyor, on December 9, 2020. including but not limited to the encroachment of a center pivot irrigation arm over and across a 10.0 acre tract situated in the Northeast corner of Section 6, Block O, Lubbock County, Texas, County Road 6600. multiple signs, overhead power lines and pottier poles, 20' x 10' underground facilities easement all situated along the North boundary of the Property, 40' drainage channel easement located in the Northwest portion of the Property: and pump jack and fence located in the Northwestern portion of the Property. SUBJECT TO rights, if any, of third parties with respect to any portion of the Property lying within the limits or boundaries of any public or private roadway or alley. SUBJECT TO any encroachment, encumbrance, violation, variation, or adverse circumstance affecting 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 uses, the existence of which may arise by unrecorded grant or by use. SUBJECT TO rights of parties in possession. SUBJECT TO rights of tenants under any unrecorded leases or rental agreements, together with any security interests given by tenants in fixtures located on the Property. SUBJECT TO all leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records of Lubbock County, Texas. Grantee assumes ad valorem taxes for the year 2020. and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which is the obligation of Grantor or Grantee in accordance with Paragraph 13.13. of Unimproved Property Contract by and between Grantor and Grantee dated November 1 R, 2019. Grantor. for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, 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 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 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. w AL (1 �-�, WILLIAM H. CARLTON, JIf. THE STATE OF TEXAS COUNTY OF LUBBOCK //ss This instrument was acknowledged before me on the � day of 1 �C.t,%N�,,,�"1E- . 2020, by WILLIAM H. CARLTON. JR. FRED H. TIIJRERLAKE. JR. Public ;!rleai I A, '7 NO!ay IDr 72iio:9-3 No blic, State of Texas My Cammisslai Expires 12-07-2V21 Prepared in e w Ice o TIMBERLAKE & WEAVER, P.C. 1408-A Buddy Holly Ave. Lubbock, Texas 79401 S: T W S MF.RCiF.'.STC 202al. tm-k Fc—ic r—clopniou AIli— 41002- W D-RF.1, I2-22-jRwyd RECORDSFILED AND RECORDEY OFFICIAL PUBLIC Kelly Plnion Countyy Clerk Lubbock County TEXRS 12/29/2020 03:J3 PM FEE: g34.00 2020059091 2020059092 5 PGS DEED FHT/ Return To Service Title GF# 41323 I�� ok KdgAI WARRANTY DEED (STC jr/GF#41323) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE 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: December 22 , 2020 Grantor: CORY GORTON EPPES , a single person Grantee: LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE, INC., also known as Lubbock Economic Development Alliance, a Texas Not -For -Profit Development Corporation formed pursuant to the Development Corporation Act of 1979 Grantee's Mailing Address, 1500 Broadway, Sixth Floor, Lubbock, Lubbock County, Texas 79401 Consideration: $10.00 and other good and valuable consideration, to Grantor paid by Grantee, the receipt and sufficiency of all of which is hereby acknowledged and confessed. Property (including any improvements): METES AND BOUNDS DESCRIPTION of a 155.82 acre tract located in the Southwest Quarter of Section 6, Block O, Lubbock County, Texas, being those same two tracts described under County Clerk File No. 2011021320 of the Official Public Records of Lubbock County, Texas, being further described as follows: BEGINNING at a "cross hatch" nail with washer marked "Hugo Reed & Assoc." found at the Southwest corner of said Section 6, being the Southwest corner of this tract; THENCE N. 01046'08" E., along the West line of said Section 6, a distance of 304.15 feet to a 1/2" iron rod found at the Southwest corner of a 3.9 acre tract described in Volume 2280, Page 69 of the Real Property Records of Lubbock County, Texas and a corner of this tract; THENCE N. 47011'23" E., along the Southern boundary of said 3.9 acre tract, a distance of 1035.62 feet to a 1/2" iron rod found at the Northeast corner of said 3.9 acre tract and a corner of this tract; THENCE Southwesterly, along the Northern boundary of said 3.9 acre tract, around a curve to the right, said curve having a radius of 554.85 feet, a central angle of 44°08'41 ", a chord bearing of S. 69' 1545" W. and a chord distance of 417.00 feet to a 1/2" iron rod found at a point of intersection; THENCE N. 88039'44" W. continuing along the Northern boundary of said 3.9 acre tract, a distance of 352.42 feet to a 5/8" iron rod found in the West line of said Section 6, at the Northwest corner of said 3.9 acre tract and a corner of this tract; THENCE N. 01°46'08" E., along the West line of said Section 6, a distance of 1599.94 feet to a 1/2" iron rod with cap marked "Hugo Reed & Assoc." found at the Southwest corner of a 1.4 acre tract described under County Clerk File No. 2010035888 of the Official Public Records of Lubbock County, Texas and the most Westerly Northwest corner of this tract; THENCE S. 88015'01"E., along the Southern boundary of said 1.4 acre tract, a distance of 300.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for the Southeast corner of said 1.4 acre tract and a corner of this tract; THENCE N. 01°46'08" E., along the Eastern boundary of said 1.4 acre tract, a distance of 200.00 feet to a 1/2" iron rod with cap marked "TELFORD" found in the Southern boundary of a tract described in Volume 1886, Page 261of the Real Property records of Lubbock County, Texas, at the Northeast corner of said 1.4 acre tract and the most Northerly Northwest corner of this tract; THENCE S. 88015'01" E., along the Southern boundary of said tract described in Volume 1886, Page 261 and a 249.8 acre tract described under County Clerk File No. 2010002205 of the Official Public Records of Lubbock County, Texas, a distance of 2338.32 (deed calls: 2338.54 feet) to a 1/2" iron rod with cap marked "SMITH" found at the Northwest corner of a 160 acre tract described in Volume 3401, Page 326 of the Real Property Records of Lubbock County, Texas and the Northeast comer of this tract; THENCE S.01 °4549" W., along the Western boundary of said 160 acre tract, a distance of 2650.22 feet to a railroad spike found in the South line of said Section 6, at the Southwest comer of said 160 acre tract and the Southeast corner of this tract; THENCE N. 88°39107" W. (deed calls: N. 88°39'52" W.), along the South line of said Section 6, a distance of 2638.63 feet to the Point of Beginning. SAVE AND EXCEPT a 1.007 acre tract described in Volume 5696, Page 324 of the Real Property Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 3/4" iron pipe found at the Southeast corner of this tract which bears N_ 88039107" W. a distance of 60.90 feet and N. 0104549" E. a distance of 28.50 feet from a railroad spike found at the Southeast corner of the Southwest Quarter of Section 6, Block O, Lubbock County, Texas and the Southeast corner o 155.82 acre tract; f said THENCE N. 88039152" W. a distance of 159.55 feet to a 3/4" iron pipe found at the Southwest corner of this tract; THENCE N. 01 045'49" E. a distance of 275.00 feet to a 1/2" iron rod found at the Northwest corner of this tract; THENCE S. 88039'52" E. a distance of 159.55 feet to a 1/2" iron rod found at the Northeast corner of this tract; THENCE S. 01 °4549" W. a distance of 275.00 feet to the Point of Beginning. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: THERE IS EXCEPTED FROM THIS CONVEYANCE any and all interest, whether whole or an undivided portion thereof, in the oil, gas and other minerals in and under the Property, royalty interest, or interest in royalty, which may be outstanding in parties other than Grantor resulting from prior reservation and/or conveyance by predecessors in title, including but not limited to that certain interest described in instrument of record in Volume 293, Page 281 of the Deed Records of Lubbock County, Texas, and Volume 6150, Page 149 of the Real Property Records of Lubbock County, Texas. SUBJECT TO all leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records of Lubbock County, Texas. SUBJECT TO all the terms, conditions, provisions, limitations and reservations set forth in Quit -Claim Deed from The Burlington Northern and Santa Fe Railway Company to Bill G. Eppes, et al, in instrument of record in Volume 6150, Page 149 of the Real Property Records of Lubbock County, Texas, SUBJECT TO all the terms, conditions, provisions, limitations and obligations set forth in easement granted to Bayer CropScience, LP in instrument of record in Document No, 2015037594 of the Official Public Records of Lubbock County, Texas. SUBJECT TO gas line easement granted to Pioneer Natural Gas Company in instrument of record in Volume 1157, Page 151 of the Deed Records of Lubbock County, Texas. SUBJECT TO electric transmission line easement to Southwestern Public Service Company in instrument of record in Volume 396, Page 427, Deed Records of Lubbock County, Texas, SUBJECT TO option and right-of-way easement for gas pipeline and telephone and telegraph lines granted to West Texas Gas Company in instrument of record in Volume 467, Page 11, Deed Records of Lubbock County, Texas, and partially released and located in instrument of record in Volume 2280, Page 66, Real Property Records of Lubbock County, Texas. SUBJECT TO easement for aqueduct crossing along County Roads as set forth in Resolution and Order of the County Commissioners of Lubbock County, Texas, recorded in Volume 918, Page 218, Deed Records of Lubbock County, Texas, only to the extent same may apply to the Property. SUBJECT TO underground gas pipeline right-of-way to Pioneer Natural Gas Company in instrument of record in Volume 1156, Page 221, Deed Records of Lubbock County, Texas. SUBJECT TO drainage easement granted to the City of Lubbock in instrument of record. in Volume 2280, Page 63, Real Property Records of Lubbock County, Texas. SUBJECT TO rights, if any, of third parties with respect to any portion of the Property lying within the limits or boundaries of any public or private roadway or alley. SUBJECT TO any encroachment, encumbrance, violation, variation, or adverse circumstance affecting 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 uses, the existence of which may arise by unrecorded grant or by use, SUBJECT TO rights of parties in possession. SUBJECT TO rights of tenants under any unrecorded leases or rental agreements, together with any security interests given by tenants in fixtures located on the Property, including but not limited to Lease Agreement with BASF referenced in Section 6.F. of Farm and Ranch Contract by and between Cory Gorton Eppes (Seller) and Bobby McQueen (Buyer) dated effective December 20, 2019. SUBJECT TO all the terms, conditions, provisions, limitations and obligations set forth in that certain unrecorded Farm Lease dated effective January 1, 2014 by and between Cory Gorton Eppes (Landlord) and Richard C. Adams (Lessee). SUBJECT TO all the terms, conditions, provisions, limitations and obligations of that certain unrecorded Agricultural Sublease Agreement dated May , 2014 by and between Richard C. Adams (Sub - Landlord) and Bayer Crop Science, LP, a Delaware limited partnership (Sub -Tenant). SUBJECT TO those matters reflected on Perimeter and Improvement Survey of the Property prepared by Brent Carroll, Registered Professional Land Surveyor No. 5410, State of Texas, dated December 15, 2020, revised December 18, 2020, including but not limited to location of pre-existing easements as identified thereon along the West boundary, utility poles, overhead power lines and guy -wires in the Southwest portion of the Property, overhead power lines and utility poles along the West portion of the Property, roadway identified t the Survey as "graded access" to the `Save and Except' Tract set forth in Schedule A hereof, and any claim of continuing right to the use of same, pre-existing easements in the Southeast corner of the Property, and utility lines and utility poles extending across same, turnrows and well located on the Property, and overhead utility lines crossing the South boundary out of any designated easement for same, East 19'h Street Avenue right-of-way along the South boundary, and any claim of right to the use of turnrows and non-public roadways crossing Property over to neighboring property owners; fence along Southern boundary of `Save and Except' Tract located off boundary and protrusion of metal awning over boundary. Grantee assumes ad valorem taxes for the year 2020, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which is the obligation of Grantor or Grantee in accordance with Paragraph 13.B. of Farm and Ranch Contract by and between Grantor and Grantee dated December 20, 2019. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, 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 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 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. CORY RTON E S COMMONWEALT(H� OF PENNSYLVANIA COUNTY OF 1 This instrument was acknowledged before me on the day of j� r 2020 b CORY GORTON EPPES. --- -y Notary Public, Commonwealth of Pennsylvania Commanweatth of Pennsylvania - Notary Seat TONI BUTCHER, Notary Public Chester County My Commission Expires November 25, 2023 Commission Number 1213052 SAMS MERGWTC 2D20'tMCQueen.LMA31M-1VD-12.21-jr,wpd Kelly Pinion Countyy Clerk Lubbock County TEXR5 12/29gg/2020 W S3 PM FEE:2e 59®92 k'NA $ F, ity> City of Lubbock TEXAS VOLUNTARY ANNEXATION APPLICATION APPLICATION IS NOT VALID WITHOUT COMPLETION OF ALL PACES AND SICNATURES MINIMUM SUBMITTAL REQUIREMENTS: p Application provided by City of Lubbock completed in full. This application must be used and may not be adjusted or altered. Please attach pages if additional information is provided. 121 Annexation petition provided by City of Lubbock with notarized signature(s). © Map of the subject property. 0 A legal description of the property (including a survey, field notes or legal description with subdivision, lot and block) labeled as Exhibit A. 0 Ownership Documents. A clean copy of recorded warranty deed or other document(s) verifying ownership of all property to be annexed. If the property is owned by a partnership, corporation, trust, or other entity, documents demonstrating signatory's authority to sign petition on behalf of entity must be included. El One digital copy of all of the above. ❑ If designating a representative, the affidavit designating representative with notarized signature(s). Property Owner(s): Lubbock Economic Development Alliance, Inc. Address: 1500 Broadway, Suite 600 Address: Lubbock, TX 79401 806 723-8242 jana@marketlubbock.org Telephone: (_) Email: Telephone: 806 ) 723-8238 Email: john@marketlubbock.org ( Acreage of property: 154.81 & 252.47=407.28 Number of lots and proposed use: currently agricultural research, proposed use: 1) 134 acres for continued agricultural research; 2) 100 acres for industrial - food manufacturer; and 3) 172 acres for land application Check one: 171 I will represent my application and petition before city staff and the City Council. ❑ I hereby authorize the person named in the attached affidavit to act as my representative in this application before city staff and the City Council. representative is the official contact person for this project and the single point of contact All correspondence and communication and responsibility for responding to same — will be conducted with the representative. City of Lubbock • Planning Department • (806) 775-2108.1625 131, St, #107 • Lubbock, TX 79401 Page I of 1 10YJ City of Lubbock TEXAS PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE GOVERNING BODY OF LUBBOCK, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which fewer than three qualified voters reside, hereby waive any requirement to be offered a development agreement pursuant to the Texas Local Government Code Section 43.016, and petition your Honorable Body to extend the present city limits so as to include as part of the City of Lubbock, Texas, the territory described in the attached Exhibit A, including a survey, field notes or legal description with subdivision, lot and block. We certify that the above described tract of land is contiguous and adjacent to the City of Lubbock, Texas, falls within Lubbock County, is not more than one-half mile in width, and that this petition is signed and duly acknowledged by each and every person having an interest in said land. Signed: Signed: Signed: THE STATE OF TEXAS COUNTY OF 'Za BEFORE ME, the undersigned authority, on this day personally appeared DSIUt7RA)i ' , and , known to me to be the persons whose names are subscribed to the foregoing instrument and each acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this � ay of /, 20AI LINDA M. DAVIS .� Notary Public, State of Texas Notary ID# 498103-2 my Notary Public in and for Q2 County, Ccrnn�sion 040fr20Z5 Texas. City of Lubbock • Planning Department • (806) 775-2108 •1625 13" St, # 107 • Lubbock, TX 79401 Page 1 of 1 1[ + a_._i h •_ ply P.11.sr, � _: 1'e��c■ -!_� �•rtY.r ■ —. _. _ __ - -- p;1� W Flret ✓orks'�'.�'".:��� i nd'Biopolymer . jw;�Iz E-12m St .�_.�.�...- F,�tigncultura`I s 6reetlirig'T$.., 154.8 acres I !9 252.5 acres 11 i ( I Sect/on Q 81—A A (vr 1'FRIAiETFR M'tl IAII'RgVFMFM SURVEY qYA f 2Ji At'RC TRALt LgCAYEtl IN 111E Ntl0.T111 W.F of SECTION 6, BLOCK O L L dR. k RAILROAq En SURVEY LURROGK CgUNTY,TEXAS wse•r..waraw A.m..u>�:.>ew,u. �ml..r.,.a is,aw.:,;::::e.`„1°.na.'w�.�.'zii ro�ww«viM°...ma✓`,e'wa""a�ma• u.. � rz+mug«.unwey..cm...m,.r,.anmu.ur m.Rwu...w.w.ww.w.. u:a,.,emer.+.rvv+xi mw PP M1I AND ISIPR01714MWWFiYOFA IX.YI Af0.LIRA" LOfAfL01NMI SOUTII-ST QUARTER OF SECTION 6, BLOCK O LUtltlOCK COUNTY. YLxA5 nx+N�+�+�nennwY iwllwww rco,vi0.m �wbwnhwwumvw�r4 bn•� Ahsti:um.��nAiMwnwn�nnun�pvix �1wYnamwn.m4b 20200590091 4 COX �DDEEED �! FHT/ Return To Service Title GF# 41002 ■III 1tl'r�i li�,O N' i Nd W W41 11,1I11 WARRANTY DEED (STC jh/GF#41002) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE 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: December 28, 2020 Grantor: WILLIAM H. CARLTON, JR., a married person, but not herein joined by my spouse for the reason that the Property is not now, nor has it ever constituted any part of our homestead Grantee: LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE Grantee's Mailing Address: 1500 Broadway, Sixth Floor, Lubbock, Lubbock County, Texas 79401 Consideration: $10.00 and other good and valuable consideration, to Grantor paid by Grantee, the receipt and sufficiency of all of which is hereby acknowledged and confessed. Property (including any improvements): METES AND BOUNDS DESCRIPTION of a 252.47 acre tract of land, being that same tract described under County Clerk File No. 2010002205 of the Official Public Records of Lubbock County, Texas, located in the North Half of Section 6, Block 0, E. L. & R. R. Railroad Co. Survey, Lubbock County, Texas, and being further described as follows: BEGINNING at a 1/2" iron rod found in the East line of said Section 6, at the most Easterly Northeast corner of this tract, which bears S. 00°25'35" E. a distance of 544.50 feet from a 3/8" iron rod found at the Northeast corner of Section 6, Block 0, E. L. & R. R. Railroad Co. Survey, Lubbock County, Texas; THENCE S. 00°25'35" E., along the East line of said Section 6, a distance of 2116.30 feet to a 1/2" iron rod found at the Northeast corner of a 160.0 acre tract (Southeast Quarter of said Section 6) described in Volume 3401, Page 326 of the Real Property Records of Lubbock County, Texas, and the Southeast corner of this tract, same being the Southeast corner of the Northeast Quarter of said Section 6; THENCE S. 89'32'24" W., along Northern boundary of said 160.0 acre tract and the South line of the Northeast Quarter of said Section 6, at 30.00 feet pass a 1/2" iron rod with cap marked "HRA" set in reference, continuing for a total distance of 2674.53 feet to a 1/2" iron rod with cap marked "Smith" found at the Northwest corner of said 160.0 acre tract, the Southwest corner of Northeast Quarter of said Section 6, the Northeast comer of Southwest Quarter of said Section 6, and the Northeast corner of a 154.8 Acre Tract described under County Clerk File No. 2011021320 of the Official Public Records of Lubbock County, Texas; THENCE S. 89"54'33" W., along Northern boundary of said 154.8 acre tract and the South line of the Northwest Quarter of said Section 6, a distance of 1801.62 feet to a 1/2" iron rod with cap marked "HRA" found at the Southeast comer of a 50.7 acre tract described in Volume 1886, Page 261 of the Deed Records of Lubbock County, Texas and the Southwest corner of this tract; THENCE N. 00'03'53" W., along the Eastern boundary of said 50.7 acre tract, a distance of 2101.64 feet to a 1/2" iron rod with cap marked "HRA" found at the most Westerly Northwest corner of this tract, from whence a railroad spike found in the North line of said Section 6 bears N. 00°03'53" W. a distance of 544.50 feet; THENCE N. 89°30' E. a distance of 800.00 feet to a 1/2" iron rod with cap marked "HRA" set for an "ell" corner of this tract; THENCE N. 00003'53" W., at 504.50 feet pass a 1/2" iron rod with cap marked "HRA" set in the South line of a 40 foot right-of-way easement described in Volume 215, Page 190 of the Deed Records of Lubbock County, Texas, continuing for a total distance of 544.50 feet to a "MAG" nail with washer set in the North line of said Section 6, for the most Northerly Northwest comer of this tract; THENCE N. 89°30' E., along the North line of said Section 6, a distance of 2859.42 feet to a "MAG" nail with washer set for the most Northerly Northeast corner of this tract; THENCE S. 00°25'35" E., at 40.00 feet pass a 1/2" iron rod with cap marked "HRA" set in the South line of said 40 foot right-of-way easement, continuing for a total distance of 544.50 feet to a 1/2" iron rod found at an "ell" corner of this tract; THENCE N. 89030' E., at 770.00 feet pass a 1/2" iron rod with cap marked "HRA" set in reference, continuing for a total distance of 800.00 feet to the Point of Beginning. SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACT OF LAND: METES AND BOUNDS DESCRIPTION a 0.0430 acre tract, being that same tract described in Volume 1771, Page 194 of the Deed Records of Lubbock County, Texas, located in the North Half of Section 6, Block 0, E. L. & R. R. Railroad Co. Survey, Lubbock County, Texas, and being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HRA" found in the South line of a 40 foot right-of-way easement described in Volume 215, Page 190 of the Deed Records of Lubbock County, Texas, at the Northeast corner of this tract, which bears S. 89°30' W. a distance of 2480.53 feet and S. 00°30' E. a distance of 40.00 feet from a 3/8" iron rod found at the Northeast corner of Section 6, Block 0, E. L. & R. R. Railroad Co. Survey, Lubbock County, Texas; THENCE S. 00°30' E. a distance of 25.00 feet to a 1/2" iron rod with cap marked "HRA" set for the Southeast corner of this tract; THENCE S. 89°30' W. a distance of 75.00 feet to a 3/8" iron rod found at the Southwest corner of this tract; THENCE N. 00030' W. a distance of 25.00 feet to a 318" iron rod found in the South line of said 40 foot right-of-way easement, at the Northwest corner of this tract; THENCE N. 89°30' E., along the South line of said 40 foot right-of-way easement, a distance of 75.00 feet to the Point of Beginning. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: SUBJECT TO restrictive covenants as shown of record in Volume 6258, Page 55 of the Real Property Records of Lubbock County, Texas; Volume 7537, Page 53; Document Number 2010002205; and Document Number 2010002207 of the Official Public Records of Lubbock County, Texas. THERE IS EXCEPTED FROM THIS CONVEYANCE any and all interest, whether whole or an undivided portion thereof, in the oil, gas and other minerals in and under the Property, royalty interest, or interest in royalty, which may be outstanding in parties other than Grantor resulting from prior reservation and/or conveyance by predecessors in title, including but not limited to that certain interest described in instrument of record in Volume 293, Page 355; Volume 1694, Page 273; Volume 1694, Page 277, refiled in Volume 1711, Page 439; Volume 1752, Page 276; Volume 1752, Page 280 of the Deed Records of Lubbock County, Texas; Volume 4825, Page 65; Volume 6258, Page 55 of the Real Property Records of Lubbock County, Texas; and Volume 9444, Page 211 of the Official Public Records of Lubbock County, Texas. SUBJECT TO Transmission Right -of -Way Easement from C. N. Hodges, grantor, to Pioneer Natural Gas Company, grantee, dated December 31, 1954 and recorded in Volume 571, Page 446 of the Deed Records of Lubbock County, Texas. SUBJECT TO the Property having frontage or abutting Farm to Market Road 40, which is a controlled access highway, as set forth in State Highway right-of-way recorded in Volume 215, Page 190 of the Deed Records of Lubbock County, Texas conveying fee title to the State of Texas for highway purposes, and the exercise of power by the State of Texas pertaining to controlled access highways as set forth in Chapter 203 of the Texas Transportation Code. SUBJECT TO Right -of -Way Easement granted to the State of Texas, as set forth in that certain instrument dated March 15, 1960 and recorded in Volume 786, Page 39 of the Deed Records of Lubbock County, Texas. SUBJECT TO Easement for Underground Facilities granted to Southwestern Bell Telephone Company, as set forth in that certain instrument dated October 30, 1978 and recorded in Volume 1614, Page 71 of the Deed Records of Lubbock County, Texas. SUBJECT TO Right -of -Way easement from Lubbock Brick & Tile, grantor, to American Telephone and Telegraph Company, grantee, dated January 24, 1991 and recorded in Volume 3535. Page 70 of the Real Property Records of Lubbock County, Texas. SUBJECT TO the terns, conditions, provisions, stipulations, easements, railroad tracks, track materials, related track structures and facilities, and the rights of Track Tech, Inc., as set forth in that certain Quitclaim Deed dated March 18, 1999 and recorded in Volume 6258. Page 55 of the Real Property Records of Lubbock County, Texas. SUBJECT TO those matters reflected on that certain perimeter and improvement survey of the above described Property prepared by Brent Carroll, Registered Professional Land Surveyor, on December 9, 2020. including but not limited to the encroachment of a center pivot irrigation arm over and across a 10.0 acre tract situated in the Northeast corner of Section 6, Block O, Lubbock County, Texas, County Road 6600. multiple signs, overhead power lines and pottier poles, 20' x 10' underground facilities easement all situated along the North boundary of the Property, 40' drainage channel easement located in the Northwest portion of the Property: and pump jack and fence located in the Northwestern portion of the Property. SUBJECT TO rights, if any, of third parties with respect to any portion of the Property lying within the limits or boundaries of any public or private roadway or alley. SUBJECT TO any encroachment, encumbrance, violation, variation, or adverse circumstance affecting 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 uses, the existence of which may arise by unrecorded grant or by use. SUBJECT TO rights of parties in possession. SUBJECT TO rights of tenants under any unrecorded leases or rental agreements, together with any security interests given by tenants in fixtures located on the Property. SUBJECT TO all leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records of Lubbock County, Texas. Grantee assumes ad valorem taxes for the year 2020. and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which is the obligation of Grantor or Grantee in accordance with Paragraph 13.13. of Unimproved Property Contract by and between Grantor and Grantee dated November 1 R, 2019. Grantor. for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, 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 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 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. w AL (1 �-�, WILLIAM H. CARLTON, JIf. THE STATE OF TEXAS COUNTY OF LUBBOCK //ss This instrument was acknowledged before me on the � day of 1 �C.t,%N�,,,�"1E- . 2020, by WILLIAM H. CARLTON. JR. FRED H. TIIJRERLAKE. JR. Public ;!rleai I A, '7 NO!ay IDr 72iio:9-3 No blic, State of Texas My Cammisslai Expires 12-07-2V21 Prepared in e w Ice o TIMBERLAKE & WEAVER, P.C. 1408-A Buddy Holly Ave. Lubbock, Texas 79401 S: T W S MF.RCiF.'.STC 202al. tm-k Fc—ic r—clopniou AIli— 41002- W D-RF.1, I2-22-jRwyd RECORDSFILED AND RECORDEY OFFICIAL PUBLIC Kelly Plnion Countyy Clerk Lubbock County TEXRS 12/29/2020 03:J3 PM FEE: g34.00 2020059091 2020059092 5 PGS DEED FHT/ Return To Service Title GF# 41323 I�� ok KdgAI WARRANTY DEED (STC jr/GF#41323) NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE 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: December 22 , 2020 Grantor: CORY GORTON EPPES , a single person Grantee: LUBBOCK ECONOMIC DEVELOPMENT ALLIANCE, INC., also known as Lubbock Economic Development Alliance, a Texas Not -For -Profit Development Corporation formed pursuant to the Development Corporation Act of 1979 Grantee's Mailing Address, 1500 Broadway, Sixth Floor, Lubbock, Lubbock County, Texas 79401 Consideration: $10.00 and other good and valuable consideration, to Grantor paid by Grantee, the receipt and sufficiency of all of which is hereby acknowledged and confessed. Property (including any improvements): METES AND BOUNDS DESCRIPTION of a 155.82 acre tract located in the Southwest Quarter of Section 6, Block O, Lubbock County, Texas, being those same two tracts described under County Clerk File No. 2011021320 of the Official Public Records of Lubbock County, Texas, being further described as follows: BEGINNING at a "cross hatch" nail with washer marked "Hugo Reed & Assoc." found at the Southwest corner of said Section 6, being the Southwest corner of this tract; THENCE N. 01046'08" E., along the West line of said Section 6, a distance of 304.15 feet to a 1/2" iron rod found at the Southwest corner of a 3.9 acre tract described in Volume 2280, Page 69 of the Real Property Records of Lubbock County, Texas and a corner of this tract; THENCE N. 47011'23" E., along the Southern boundary of said 3.9 acre tract, a distance of 1035.62 feet to a 1/2" iron rod found at the Northeast corner of said 3.9 acre tract and a corner of this tract; THENCE Southwesterly, along the Northern boundary of said 3.9 acre tract, around a curve to the right, said curve having a radius of 554.85 feet, a central angle of 44°08'41 ", a chord bearing of S. 69' 1545" W. and a chord distance of 417.00 feet to a 1/2" iron rod found at a point of intersection; THENCE N. 88039'44" W. continuing along the Northern boundary of said 3.9 acre tract, a distance of 352.42 feet to a 5/8" iron rod found in the West line of said Section 6, at the Northwest corner of said 3.9 acre tract and a corner of this tract; THENCE N. 01°46'08" E., along the West line of said Section 6, a distance of 1599.94 feet to a 1/2" iron rod with cap marked "Hugo Reed & Assoc." found at the Southwest corner of a 1.4 acre tract described under County Clerk File No. 2010035888 of the Official Public Records of Lubbock County, Texas and the most Westerly Northwest corner of this tract; THENCE S. 88015'01"E., along the Southern boundary of said 1.4 acre tract, a distance of 300.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC." set for the Southeast corner of said 1.4 acre tract and a corner of this tract; THENCE N. 01°46'08" E., along the Eastern boundary of said 1.4 acre tract, a distance of 200.00 feet to a 1/2" iron rod with cap marked "TELFORD" found in the Southern boundary of a tract described in Volume 1886, Page 261of the Real Property records of Lubbock County, Texas, at the Northeast corner of said 1.4 acre tract and the most Northerly Northwest corner of this tract; THENCE S. 88015'01" E., along the Southern boundary of said tract described in Volume 1886, Page 261 and a 249.8 acre tract described under County Clerk File No. 2010002205 of the Official Public Records of Lubbock County, Texas, a distance of 2338.32 (deed calls: 2338.54 feet) to a 1/2" iron rod with cap marked "SMITH" found at the Northwest corner of a 160 acre tract described in Volume 3401, Page 326 of the Real Property Records of Lubbock County, Texas and the Northeast comer of this tract; THENCE S.01 °4549" W., along the Western boundary of said 160 acre tract, a distance of 2650.22 feet to a railroad spike found in the South line of said Section 6, at the Southwest comer of said 160 acre tract and the Southeast corner of this tract; THENCE N. 88°39107" W. (deed calls: N. 88°39'52" W.), along the South line of said Section 6, a distance of 2638.63 feet to the Point of Beginning. SAVE AND EXCEPT a 1.007 acre tract described in Volume 5696, Page 324 of the Real Property Records of Lubbock County, Texas, being further described as follows: BEGINNING at a 3/4" iron pipe found at the Southeast corner of this tract which bears N_ 88039107" W. a distance of 60.90 feet and N. 0104549" E. a distance of 28.50 feet from a railroad spike found at the Southeast corner of the Southwest Quarter of Section 6, Block O, Lubbock County, Texas and the Southeast corner o 155.82 acre tract; f said THENCE N. 88039152" W. a distance of 159.55 feet to a 3/4" iron pipe found at the Southwest corner of this tract; THENCE N. 01 045'49" E. a distance of 275.00 feet to a 1/2" iron rod found at the Northwest corner of this tract; THENCE S. 88039'52" E. a distance of 159.55 feet to a 1/2" iron rod found at the Northeast corner of this tract; THENCE S. 01 °4549" W. a distance of 275.00 feet to the Point of Beginning. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: THERE IS EXCEPTED FROM THIS CONVEYANCE any and all interest, whether whole or an undivided portion thereof, in the oil, gas and other minerals in and under the Property, royalty interest, or interest in royalty, which may be outstanding in parties other than Grantor resulting from prior reservation and/or conveyance by predecessors in title, including but not limited to that certain interest described in instrument of record in Volume 293, Page 281 of the Deed Records of Lubbock County, Texas, and Volume 6150, Page 149 of the Real Property Records of Lubbock County, Texas. SUBJECT TO all leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records of Lubbock County, Texas. SUBJECT TO all the terms, conditions, provisions, limitations and reservations set forth in Quit -Claim Deed from The Burlington Northern and Santa Fe Railway Company to Bill G. Eppes, et al, in instrument of record in Volume 6150, Page 149 of the Real Property Records of Lubbock County, Texas, SUBJECT TO all the terms, conditions, provisions, limitations and obligations set forth in easement granted to Bayer CropScience, LP in instrument of record in Document No, 2015037594 of the Official Public Records of Lubbock County, Texas. SUBJECT TO gas line easement granted to Pioneer Natural Gas Company in instrument of record in Volume 1157, Page 151 of the Deed Records of Lubbock County, Texas. SUBJECT TO electric transmission line easement to Southwestern Public Service Company in instrument of record in Volume 396, Page 427, Deed Records of Lubbock County, Texas, SUBJECT TO option and right-of-way easement for gas pipeline and telephone and telegraph lines granted to West Texas Gas Company in instrument of record in Volume 467, Page 11, Deed Records of Lubbock County, Texas, and partially released and located in instrument of record in Volume 2280, Page 66, Real Property Records of Lubbock County, Texas. SUBJECT TO easement for aqueduct crossing along County Roads as set forth in Resolution and Order of the County Commissioners of Lubbock County, Texas, recorded in Volume 918, Page 218, Deed Records of Lubbock County, Texas, only to the extent same may apply to the Property. SUBJECT TO underground gas pipeline right-of-way to Pioneer Natural Gas Company in instrument of record in Volume 1156, Page 221, Deed Records of Lubbock County, Texas. SUBJECT TO drainage easement granted to the City of Lubbock in instrument of record. in Volume 2280, Page 63, Real Property Records of Lubbock County, Texas. SUBJECT TO rights, if any, of third parties with respect to any portion of the Property lying within the limits or boundaries of any public or private roadway or alley. SUBJECT TO any encroachment, encumbrance, violation, variation, or adverse circumstance affecting 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 uses, the existence of which may arise by unrecorded grant or by use, SUBJECT TO rights of parties in possession. SUBJECT TO rights of tenants under any unrecorded leases or rental agreements, together with any security interests given by tenants in fixtures located on the Property, including but not limited to Lease Agreement with BASF referenced in Section 6.F. of Farm and Ranch Contract by and between Cory Gorton Eppes (Seller) and Bobby McQueen (Buyer) dated effective December 20, 2019. SUBJECT TO all the terms, conditions, provisions, limitations and obligations set forth in that certain unrecorded Farm Lease dated effective January 1, 2014 by and between Cory Gorton Eppes (Landlord) and Richard C. Adams (Lessee). SUBJECT TO all the terms, conditions, provisions, limitations and obligations of that certain unrecorded Agricultural Sublease Agreement dated May , 2014 by and between Richard C. Adams (Sub - Landlord) and Bayer Crop Science, LP, a Delaware limited partnership (Sub -Tenant). SUBJECT TO those matters reflected on Perimeter and Improvement Survey of the Property prepared by Brent Carroll, Registered Professional Land Surveyor No. 5410, State of Texas, dated December 15, 2020, revised December 18, 2020, including but not limited to location of pre-existing easements as identified thereon along the West boundary, utility poles, overhead power lines and guy -wires in the Southwest portion of the Property, overhead power lines and utility poles along the West portion of the Property, roadway identified t the Survey as "graded access" to the `Save and Except' Tract set forth in Schedule A hereof, and any claim of continuing right to the use of same, pre-existing easements in the Southeast corner of the Property, and utility lines and utility poles extending across same, turnrows and well located on the Property, and overhead utility lines crossing the South boundary out of any designated easement for same, East 19'h Street Avenue right-of-way along the South boundary, and any claim of right to the use of turnrows and non-public roadways crossing Property over to neighboring property owners; fence along Southern boundary of `Save and Except' Tract located off boundary and protrusion of metal awning over boundary. Grantee assumes ad valorem taxes for the year 2020, and subsequent assessments for that and prior years due to change in land usage, ownership, or both, the payment of which is the obligation of Grantor or Grantee in accordance with Paragraph 13.B. of Farm and Ranch Contract by and between Grantor and Grantee dated December 20, 2019. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, 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 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 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. CORY RTON E S COMMONWEALT(H� OF PENNSYLVANIA COUNTY OF 1 This instrument was acknowledged before me on the day of j� r 2020 b CORY GORTON EPPES. --- -y Notary Public, Commonwealth of Pennsylvania Commanweatth of Pennsylvania - Notary Seat TONI BUTCHER, Notary Public Chester County My Commission Expires November 25, 2023 Commission Number 1213052 SAMS MERGWTC 2D20'tMCQueen.LMA31M-1VD-12.21-jr,wpd Kelly Pinion Countyy Clerk Lubbock County TEXR5 12/29gg/2020 W S3 PM FEE:2e 59®92