HomeMy WebLinkAboutResolution - 2021-R0248 - Annexation Agreement with Starlight Development 7.13.2021Resolution No. 2021-R0248
Item No. 7.5
July 13, 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, an Annexation Agreement, by and between the City of
Lubbock and Starlight Development, LLC, 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 July 13, 2021
�'j lov
DANIEL M. POPE, MAYOR
ATTEST:
Rebcc a Garza, City Secret y
nsiZ�]�7�7R`TCII�ZK7►�Y���iI1G
Jesica acherrt, A ' t City Manager
APPROVED AS TO FORM:
0'�'
K Ili Leisure, Assistant City Attorney
ccdocs/RES.AnnexationAWeemenN_ Starlight.
07.08.21
Resolution No. 2021-RO248
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF LUBBOCK, TEXAS
AND STARLIGHT DEVELOPMENT, LLC
This Municipal Services Agreement (the "Agreement") is entered into on 13th day of
July , 2021 by and between the City of Lubbock, Texas, a home -rule municipality of
the State of Texas, (the "City") and STARLIGHT DEVELOPMENT, LLC (the "Owner"),
collectively referred to as (the "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 Texas Local Government Code Section 43.0671 permits the City to annex
an area when each owner of land in an area requests the annexation;
WHEREAS, the Owner owns a parcel of land situated in Lubbock County, Texas which
consists of approximately 553 acres of land in the City's extraterritorial jurisdiction, such property
being more particularly described and set forth in Exhibit A attached to and incorporated herein
(the "Property");
WHEREAS, where the City elects to annex such an area, the City is required to enter into
a written agreement with the Owner that sets forth the City services to be provided for the 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 to and
incorporated herein (the "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 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 Property, which is the subject of
the annexation.
Page 1 of 10
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with 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. 19, located at 5826 98th Street, Station No. 16, located at 4030 114th
Street and Station No. 15, located at 8002 Venita Avenue. Station No. 19
is approximately 4.2 miles from the proposed annexation with an
approximate response time of 5 to 6 minutes. Station 16 is approximately
5.2 miles from the proposed annexation with an approximate response time
of 7 to 8 minutes. Station No. 15 is approximately 7.4 miles from the
proposed annexation with an approximate response time of 10 to 11
minutes. Fire suppression activities can be afforded to the annexed area
within current appropriation with a less than desirable response time. As
these areas are developed an additional fire station(s) will be considered.
Fire Prevention activities will be provided by the Fire Marshal's office as
needed.
ii. First Responder Emergency Medical Services
a. Existing Services: None
b. Services to be Provided: Lubbock Fire Rescue is a Basic Life
Support (BLS) First Responder Organization. BLS First Responder
emergency medical response will be provided by Fire Station No. 19,
located at 5826 98th Street, Station No. 16, located at 4030 114th Street and
Station No. 15, located at 8002 Venita Avenue. Station No. 19 is
approximately 4.2 miles from the proposed annexation with an approximate
response time of 5 to 6 minutes. Station 16 is approximately 5.2 miles from
Page 2 of 10
the proposed annexation with an approximate response time of 7 to 8
minutes. Station No. 15 is approximately 7.4 miles from the proposed
annexation with an approximate response time of 10 to 11 minutes.
Emergency medical transport is provided by the Lubbock County Hospital
District.
iii. Police Services
a. Existing Services: None
b. Services to be Provided: The Police Department's responsibility for
responding to emergency and non -emergency law enforcement calls for
service and to provide law enforcement patrol coverage in an effort to
prevent, reduce, mitigate and solve crimes will extend to this area on the
effective date. These services can be provided within the department's
current budget.
iv. Building Safety Services
a. Existing Services: None
b. Services to be Provided: The Building Safety Department will
provide construction code enforcement services upon annexation. This
includes construction plan review and field inspection services and the
issuance of building, electrical, and plumbing/mechanical permits for any
new construction and remodeling, as well as enforcement of all other
applicable laws and codes that regulate building construction within the
City of Lubbock. It is anticipated that such services can be provided with
current personnel and within the current budget appropriation. As land is
developed, the need for additional personnel and budget appropriations will
be dependent upon the type, intensity and rate of development within the
annexed area as well as areas that compete for those resources.
V. Planning and Zoning Services
a. Existing Services: Subdivisions of land within the five -mile
extraterritorial jurisdiction (ETJ) of the city are required to have a plat of
the subdivision prepared in accordance with the City of Lubbock
subdivision regulations. Currently, plats and subdivisions in the ETJ are
approved by the Planning and Zoning Commission, as well as the County
Commissioner's Court, as may be dictated by applicable state statutes and
City ordinances. Similarly, signs and billboards are regulated within the ETJ
pursuant to the City's sign ordinance, as authorized by State law. No other
Page 3 of 10
Planning department services are authorized or offered outside of the City
limits, including zoning.
b. Services to be Provided: The Planning and Zoning Department's
responsibility for regulating development and land use through the
administration of the City of Lubbock Zoning Ordinance will extend to this
area on the effective date of the annexation. The annexed areas will also
continue to be regulated under the requirements of the City of Lubbock
Subdivision Ordinance. These services can be provided within the
department's current budget.
vi. GIS and Data Services
a. Existing Services: None
b. Services to be Provided: GIS and Data Services will update all city-
wide GIS data sets to include the newly annexed areas. This will include
support to the Office of City Secretary for elections requirements, to
Building Inspection, Streets and Traffic Engineering for addresses, street
names and street signs, and to Planning for transitional zoning. GIS will
facilitate a meeting with Lubbock Emergency Communication District,
Police and Fire for determination of updated information for 911 Dispatch.
Updated GIS information that is public will also be reflected on the GIS
mapping website for citizens.
vii. Publicly Owned Parks, Facilities, and Buildings
a. Existing Services: City of Lubbock Library's materials, services, and
programs are currently available to anyone who lives in Lubbock County.
b. Services to be Provided: Residents of the Property will be permitted
to utilize all existing publicly -owned and available parks, facilities
(including community service facilities, libraries, swimming pools, etc.)
and buildings throughout the City. Upon the effective date of annexation,
staff will study areas to be included in future versions of the Parks Master
Plan. Any addition of parkland will create additional expenses to the Parks
and Recreation operating budget. The Library will continue to provide
services to all of Lubbock County, including the area to be annexed. These
services are provided within the department's current budget.
viii. Code Administration/Environmental Health Services
a. Existing Services: None
Page 4of10
b. Services to be Provided: The City of Lubbock's Code
Administration/Environmental Health Departments will implement the
enforcement of local ordinances and regulations on the effective date of the
annexation. Such services can be provided with current Code
Administration/Health Department Personnel and within the current budget
appropriation. As land is developed, increases in personnel and budget will
be needed in order to provide the same level of customer service.
ix. Animal Services
a. Existing Services: None. Currently, the area is under the jurisdiction
of the Lubbock County Sheriff's Office.
b. Services to be Provided: Animal control services will be provided
to the area as needed. The City of Lubbock Animal Services Department
will implement the enforcement of the City of Lubbock's animal control
ordinances and regulations upon the effective date of the annexation. It is
anticipated that such services can be provided with current personnel and
budget appropriation, but response times may increase.
X. Street Services
a. Existing Services: City of Lubbock Public Works currently
maintains any roads that are within the City of Lubbock City Limits
adjacent to these plats.
b. Services to be Provided: In accordance with the Master
Thoroughfare Plan, the proposed annexation area is adjacent to
approximately 4 miles of Arterial Roadway. As development occurs, the
City's current policies require the City to design and build Arterial
Roadways. Roadway Impact Fees will be due at the time of platting. Capital
projects may be required in the future to provide adequate funding to
support this anticipated growth. The timing of these improvements would
be contingent on available funding and growth patterns in these areas. The
developer may build the roadway and receive offsets in Lieu of Impact Fees.
xi. Storm Water Management Services
a. Existing Services: City maintains jurisdiction of playa lakes within
the ETJ. TCEQ (Texas Commission on Environmental Quality) has
jurisdiction of enforcement and compliance with stormwater related permits
outside the City limits.
Page 5 of 10
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. Amer permit issuance,
inspections of the construction sites are to ensure compliance with the City
Code and state regulations. Depending on the type and intensity of
development within the annexed area, the need for additional personnel and
budget appropriations may be needed to provide adequate customer service
(development and permit review and inspections). TCEQ Stormwater
permit holders will be transitioned from TCEQ oversight to City of
Lubbock oversight, i.e. inspection and compliance of these existing
facilities will now be the responsibility of the Storm Water Staff.
xii. Street Lighting
a. Existing Services: None
b. Services to be Provided: The City of Lubbock will coordinate any
request for improved street lighting with the local electric provider in
accordance with standard policy.
xiii. Traffic Engineering Services
a. Existing Services: None
b. Services to be Provided: Upon annexation and in conjunction with
the platting process, Traffic Engineering will identify and install required
traffic signs to be installed at the developer's expense. Other regulatory
traffic control devices will be provided after appropriate studies indicate the
data meets the minimum requirements as set forth in the Texas Manual on
Uniform Traffic Control Devices (TMUTCD) and as budget permits.
xiv. Water and Sanitary Sewer Services
a. Existing Services: None
b. Services to be Provided: Water and sewer infrastructure is not
currently adjacent to this area within the existing City Limits. Availability
Page 6 of 10
of water and sewer is at the request and expense of the user, and shall be
provided within current policies and ordinances of the City (note below for
an explanation of pro-rata charges). Water and sewer for domestic and
commercial use, when installed, will be available at approved City rates.
Water for fire protection will be available through lines only after service
lines are installed by the developer.
Pro-Rata Charges:
Chapter 22, City Code establishes the charges or the actual cost of
construction due on all property to which water and/or sewer lines are
extended. The charge is generally known as "pro-rata" and is due and
payable before service is provided. The pro-rata charge represents a portion
of the costs of providing water and/or sewer facilities to serve the property
on which the pro-rata is paid. When a person desires water and/or sewer
service to property that requires an extension of existing facilities to provide
service adjacent to the property or when the service connection will be made
to a line constructed after April 1, 1952, the person desiring service shall
pay non-refundable charge called pro-rata. 2005 pro-rata charges include
$15.00 per front foot of lot or tract to be serviced for sewer and $12.00 for
water, unless the actual extension cost is greater, then the charge is per
actual cost. When an extension of water/sewer facilities exceeds the above
costs, the person(s) desiring service shall pay the entire cost and later be
refunded that amount above pro-rata when other persons tie onto service
and pay their pro-rata. Ordinance 8017 specifies other items including:
A. pro-rata on property already platted, and extension of
services.
B. pro-rata and extensions to property being platted
C. sizes of lines and meter sizes
D. location for service connection
E. deposits, charges, refunds
F. cost of large mains may be partially paid by City, and other
consideration, or
G. when the City Council can declare a health hazard and install
mains at public expense.
xv. Solid Waste Services
a. Existing Services: None
b. Services to be Provided: Solid Waste Collection shall be provided
to the area of annexation in accordance with the present ordinance. Service
shall comply with existing City policies, beginning with occupancy of
Page 7 of 10
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.
4. 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 is within the sole jurisdiction of the City
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
5. 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.
6. 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.
7. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Lubbock
County, Texas and construed in conformity with the provisions of Texas Local
Government Code Chapter 43.
8. 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.
Page 8 of 10
9. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
10. 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.
11. 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.
12. 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.
13. 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 Effective Date hereof.
CITY OF LUBBOCK ST IGHT DEVELOPMENT, LLC
V_LUr
DANIEL M. POPE, Mayor Thomas K, ayne, Ma er
ATTEST:
ebe ca Garza, City Secre ry
APPROVED AS TO CONTENT:
an Isham, irector of Planning
Page 9 of 10
APPROVED AS TO FORM:
AV*
ells Leisu , Assistant City Attorney
Ccdocs/AnnexationAgreement_Starlight Dev_AK-10
Page 10 of 10
LAND SURVEYORS
CIVIL ENGINEERS
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N 1 LUBBOCK. TEXAS 79401 1 8061763.5642 1 FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of a 552.51 acre tract, located in Section 10, Block AK, Abstract 704, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point in the present city limits as established by City of Lubbock Ordinance No. 2016-00054, which bears
N. 88" 17'53" W. a distance of 65.00 feet and S. 01 "52'42" W. a distance of 660.00 feet from the Northeast comer of Section
10, Block AK, Lubbock County, Texas;
THENCE S. 0105242" W., along a line 65 feet West of and parallel to the East line of said Section 10. a distance of
4506.55 feet to a point 65 feet North of the South line of said Section 10, for the Southeast corner of this tract;
THENCE N. 88°15'00" W., along a line 65 feet North of and parallel to the South line of said Section 10, a distance of
5196.15 feet to a point 65 feet East of the West line of said Section 10, for the Southwest comer of this tract;
THENCE N. 01"5342" E., along a line 65 feet East of and parallel to the West line of said Section 10, a distance of 5097.20
feet to a point 65 feet South of the North line of said Section 10, for the Northwest corner of this tract;
THENCE S. 88"17'53" E., along a line 65 feet South of and parallel to the North line of said Section 10, a distance of 1116.76
feet to a point of intersection with said present city limits;
THENCE S. 01"42'07" W., along said present city limits, a distance of 595.00 feet to a point at an "ell- corner of this tract;
THENCE S. 88"17'53" E., continuing along said present city limits, a distance of 4076.09 feet to the Point of Beginning.
Contains: 552.51 acres
Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0).
April 8, 2021
OF T
S TFtiy1
"� � ROl3f:RT A. CHRISTOPiIER
Robert A. Christopher ; �p 5167 i
Land Surveyor No. 5167 Fesst 0
Licensed State Land Surveyor '�pS
State of Texas .,
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be
used to convey or establish interests in real property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared.
Page 1 of 2
EXHIBIT "A"
Sketch Illustrating Proposed Annexation
1
1
1
1
- I
g 1
S88°17'531 1
a4 75W 1116.76' _
I
NORTH LWE OF S£CT/GW W SL OCK AK
SO1°42'0tW
595.00,
Q
- 146ffi ST1*L�fi
LUBBOCK CITY LIMITS - IN S88°I7'53°E 4076.09''
OUT
65' WEST- -
dlU
I
--I —65' EAST
rraa7lRav _
ROAD
SCALE: 1 "=1000'
p DATE:04-08-2021
z
SA/TH LIVE OF SEC R6V WO 6L 0CK GJ(
——N88015'00'W 5196.15'—
HUGO REED
AND ASSOCIATES, INC.
To: City Planning
Attn: Bryan Isham
We are sending you:
® Herewith
HUGO REED AND ASSOCIATES, INC.
1601 Avenue N, Lubbock, Texas 79401
Phone: 806-763-5642
Fax: 806-763-3891
Texas Registered Engineering Firm F-760
Texas Licensed Surveying Firm 100676-00
LETTER OF TRANSMITTAL
Date: May 6, 2021 1 Job #
Project Name: Annexation Section 10,
Block AK
❑ Under Separate Cover Via
Copies
Date
Description
orig
516
Annexation petition, application, description, and graphic
These are transmitted as:
® For Your Use ❑ For Your Records
❑ For Review & Comments ❑ Return After Loan to Us
❑ For Approval ❑
Remarks:
Please move forward with this proposed annexation
Copies to: Signed: Terry Holeman
City of
Lubbock
TEXAS
VOLUNTARY ANNEXATION APPLICATION
APPLICATION IS NOT VALID WITHOUT COMPLETION OF ALL PAGES AND SIGNATURES
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.
0 Annexation petition provided by City of Lubbock with notarized signature(s).
0 Map of the subject property.
Ell 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.
1 ❑ If designating a representative, the affidavit designating representative with notarized signature(s).
Property Owner(s): STARLIGHT DEVELOPMENT LLC
Address: PO Box 64664
Address: Lubbock, Texas, 79464
Telephone: a( g6) 543-0667
Telephone:
Acreage of property:
Check one:
552.51
Email:
Email:
tpayn3@gmail.com
Number of lots and proposed use: Vacant, proposed residential
El I will represent my application and petition before city staff and the City Council.
❑ I her authorize the person named in the attached affidavit to act as my representative in this application before city staff
and a Vity Council.
Owner of record
of Lubbock staff to visit and i
of contact_ All connsmndence and communication -Aod responsibiliV
City of Lubbock • Planning Department • (806) 775-2108.1625 13" St, # 107 • Lubbock, TX 79401 Page 1 of I
Lubblock
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, and that this petition is signed and duly
said land.
Signed:
Signed:
Signed:
THE STATE OF TEXAS
COUNTY OF I A Aj OCK
by each and every person having an interest in
BEFORE ME, the undersigned authority, on this day personally appeared -- ,
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 _ day of , 20 ,1 .
BRMDY TRAYLOR
:•, •= My Notary ID # 132285043
Expires Demme 17, 2023 Notary Public i and for County
Texas.
City of Lubbock • Planning Department • (806) 775-2108 - 1625 131h St, # 107 • Lubbock, TX 79401 Page 1 of 1
LAND SURVEYORS
CIVIL ENGINEERS
HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N 1 LUBBOCK. TEXAS 79401 1 8061763.5642 1 FAX 8061763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of a 552.51 acre tract, located in Section 10, Block AK, Abstract 704, Lubbock County,
Texas, being further described as follows:
BEGINNING at a point in the present city limits as established by City of Lubbock Ordinance No. 2016-00054, which bears
N. 88" 17'53" W. a distance of 65.00 feet and S. 01 "52'42" W. a distance of 660.00 feet from the Northeast comer of Section
10, Block AK, Lubbock County, Texas;
THENCE S. 0105242" W., along a line 65 feet West of and parallel to the East line of said Section 10. a distance of
4506.55 feet to a point 65 feet North of the South line of said Section 10, for the Southeast corner of this tract;
THENCE N. 88°15'00" W., along a line 65 feet North of and parallel to the South line of said Section 10, a distance of
5196.15 feet to a point 65 feet East of the West line of said Section 10, for the Southwest comer of this tract;
THENCE N. 01"5342" E., along a line 65 feet East of and parallel to the West line of said Section 10, a distance of 5097.20
feet to a point 65 feet South of the North line of said Section 10, for the Northwest corner of this tract;
THENCE S. 88"17'53" E., along a line 65 feet South of and parallel to the North line of said Section 10, a distance of 1116.76
feet to a point of intersection with said present city limits;
THENCE S. 01"42'07" W., along said present city limits, a distance of 595.00 feet to a point at an "ell- corner of this tract;
THENCE S. 88"17'53" E., continuing along said present city limits, a distance of 4076.09 feet to the Point of Beginning.
Contains: 552.51 acres
Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0).
April 8, 2021
OF T
S TFtiy1
"� � ROl3f:RT A. CHRISTOPiIER
Robert A. Christopher ; �p 5167 i
Land Surveyor No. 5167 Fesst 0
Licensed State Land Surveyor '�pS
State of Texas .,
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be
used to convey or establish interests in real property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared.
Page 1 of 2
EXHIBIT "A"
Sketch Illustrating Proposed Annexation
1
1
1
1
- I
g 1
S88°17'531 1
a4 75W 1116.76' _
I
NORTH LWE OF S£CT/GW W SL OCK AK
SO1°42'0tW
595.00,
Q
- 146ffi ST1*L�fi
LUBBOCK CITY LIMITS - IN S88°I7'53°E 4076.09''
OUT
65' WEST- -
dlU
I
--I —65' EAST
rraa7lRav _
ROAD
SCALE: 1 "=1000'
p DATE:04-08-2021
z
SA/TH LIVE OF SEC R6V WO 6L 0CK GJ(
——N88015'00'W 5196.15'—
HUGO REED
AND ASSOCIATES, INC.
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR 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 NUMMBER.
ASSUMPTION SPECIAL WARRANTY DEED
Grantor: BROOKELAND 1, LLC, a Texas Limited Liability Company - as to an undivided
forty-seven one -hundredths percent (0.47%) interest
NEVERFALL, LLC, a Texas Limited Liability Company - as to an undivided seven
and eight one -hundredths percent (7.08%) interest
ROCKET PARTNERS I, LLC, a Texas Limited Liability Company - as to an
undivided forty one and eighty-seven one -hundredths percent (41.87%) interest
ROCKET PARTNERS II, LLC, a Texas Limited Liability Company - as to an
undivided five and fifty-eight one -hundredths percent (5.58%) interest
Grantor's Mailing Address (including county):
P.O. Box 64664, Lubbock, Lubbock County, Texas 79464
Grantee: STARLIGHT DEVELOPMENT, LLC, aTexas Limited Liability Company
Grantee's Mailing Address (including county):
P.O. Box 64664, Lubbock, Lubbock County, Texas 79464
Consideration: Ten and no1100 Dollars and Grantee's assumption of the Real Estate Lien Notes
which are described below (collectively the "Notes" and, singularly a "Note"):
Grantee assumes and agrees to pay according to the Note's terms all principal and interest
remaining unpaid on that certain Real Estate Lien Note executed by BROOKELAND I, LLC,
a Texas Limited Liability Company in the original principal amount of $32,077.50, dated
December 29, 2020, and payable to the order of PEOPLES BANK. Said Note is secured by
a first -lien Deed of Trust (the "Deed of Trust") on the Property recorded under County Clerk
File No. 2020059422, Official Public Records, Lubbock County, Texas. As further
consideration, Grantee promises to keep and perform all of the covenants and obligations of
the Grantor under said Deed of Trust.
2. Grantee assumes and agrees to pay according to the Note's terms all principal and interest
remaining unpaid on that certain Real Estate Lien Note executed by NEVERFALL, LLC, a
Texas Limited Liability Company in the original principal amount of $483,210.00, dated
December 29, 2020, and payable to the order of PEOPLES BANK. Said Note is secured by
the Deed of Trust which evidences a first -lien on the Property and is recorded under County
Clerk File No. 2020059422, Official Public Records, Lubbock County, Texas. As further
consideration, Grantee promises to keep and perform all of the covenants and obligations of
the Grantor under said Deed of Trust.
3. Grantee assumes and agrees to pay according to the Note's terms all principal and interest
remaining unpaid on that certain Real Estate Lien Note executed by ROCKET PARTNERS
1, LLC, aTexas Limited Liability Company in the original principal amount of $2,857,627.50
dated December 29, 2020, and payable to the order of PEOPLES BANK. Said Note is
secured by the Deed of Trust which evidences a first -lien on the Property and is recorded
under County Clerk File No. 2020059422, Ofticial Public Records, Lubbock County, Texas.
As further consideration, Grantee promises to keep and perform all of the covenants and
obligations of the Grantor under said Deed of Trust.
4. Grantee assumes and agrees to pay according to the Note's terms all principal and interest
remaining unpaid on that certain Real Estate Lien Note executed by ROCKET PARTNERS
U, LLC, a Texas Limited Liability Company in the original principal amount of$3 90,83 5,00,
dated December 29, 2020, and payable to the order of PEOPLES BANK. Said Note is
secured by the Deed of Trust which evidences a first -lien on the Property and is recorded
under County Clerk File No. 2020059422, Official Public Records, Lubbock County, Texas.
As further consideration, Grantee promises to keep and perform all of the covenants and
obligations of the Grantor under said Deed of Trust.
Property (including any improvements):
Section 10, Block AK, Abstract 704, Lubbock County, Texas, a 639.316 acre tract and being
further described by metes and bounds as follows:
BEGINNING at found 1" iron pipe having Texas North Central Zone Coordinates (NAD
83, 2011, Epoch 2010.0000) ofNorth 723 l 981.42, East: 914407.50 for the Common Corner
of Section 9, 10, 11 and 12, Block AK, and the Northwest corner of this tract;
THENCE S 88017' 53" E (Texas North Central Bearing Basis), with the South I ine of Section
9, Block AK, at 18.5 feet pass the Southwest corner of the Plat Limits of Windsor Park as
shown on the Plat recorded in Volume 9268, Page 150, Lubbock County Official Public
Records, continuing along the South Iine of the Plat Limits of Windsor Park and near the
center of County Road 7500 (146th Street), at 1203.11 feet pass a found cotton spindle at the
Southeast corner of the said Plat Limits, at 2675.26 feel pass a found %2" iron rod at the
Southwest corner of Tract A, Slide Substation Addition, in all a distance of 5324.68 feetto
a set mag spike and washer marked ABACUS ENG. RPLS 4460 in the intersection of
Frankford Avenue (a strip paved road) and 146th Street for the Northeast corner of Section
10 and the Northeast corner of this tract, from which a found railroad spike, the Northeast
corner of Section 7, Block AK bears N 01" 53' 05" E. 5279.59 feet;
ASSUMPTION SPECIAL WARRANTY DEED PAGE 2
THENCE S 010 52' 42" W, near the center of County Road 1800 (Frankford Avenue) and
with the West line of Section 7, Block AK, at 142.38 feet pass the projected North line of an
alley from which a found %:"' iron rod with red cap bears S 88° 07' 18" E, 65.00 feet, in all
a distance of 5231.61 feet to a set mag spike and washer for the Southeast comer of Section
10 from which the Southwest corner of Section 7, Block AK bears S 01 ° 52' 42" W, 3.8 feet;
THENCE N 880 15' 00" W with Woodrow Road, a paved County Road, and the North line
of Section 128, Block 20, the North line of Latigo Estates and the North line of West
Woodrow Addition at a distance of 684.46 feet pass 50.00 feet Northerly of a found'/2" iron
rod, at 2110.28 feet pass the projected centerline of Private Road 1740, from which a found
nail bears S 01°40' 03" W, 59.81 feet, at 3024.68 feet pass North of a found %' iron rod
which bears S 01'45' W, 50.00 feet, in all a distance of 5326.17 feet to a set mag spike and
washer for the Southwest corner of Section 10 and the Southwest corner of this tract from
which a found iron rod with illegible yellow cap, the Southeast corner of Section 11, Block
AK, bears S 01° 53' 42" W, 11.5 feet;
THENCE N 01- 53' 42" E, with the East line of Section 11, and with a tumrow, at 28.5 feet
pass a found iron rod with blue cap set by Cy Turner, at 1309.5 feet pass a found iron rod
with blue cap, in all a distance of 5227.16 feet to the PLACE OF BEGINNING containing
639,316 acres including any Right of Way.
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is expressly made subject to all presently recorded restrictive covenants,
easements, encumbrances and outstanding mineral or royalty conveyances or reservations,
if any, affecting the Property that appear of record in the office of the County Clerk of
Lubbock County, Texas.
Deed of Trust dated December 29, 2021 and recorded under County Clerk File No.
2020059422, Official Public Records, Lubbock County, Texas.
Subject to ad valorem taxes owing for the year 2021 and all subsequent years.
Grantor, for the consideration and subject to the reservations from and 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 wise belonging, to have and hold it to Grantee; Grantee's heirs,
executors, administrators, successors, or assigns forever. Grantor hereby binds Grantor and Grantor's
heirs, executors, administrators, and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to
the reservations from and exceptions to warranty, when the claim is by, through, or under Grantor
but not otherwise.
When the context requires, singular nouns and pronouns include the plural.
ASSUMPTION SPECIAL WARRANTY DEED PAGE 3
DATED the 29th day of January, 2021.
GRANTOR:
BROOKELAND I, LLC,
a Texas ]united Liability Company
By:
By:
K. Pam Manager
LLC,
i Liability Company
Manager
ROCKETYARTNERS I, LLC,
a Texas Limited Liability Company
By:
Th=PARTNERSU,
e, Manager
ROCKS LLC,
a Texas Limited Liability Company
By:
=GBELOW,
e, Manager
BY S GRANTEE ACCEPTS THE CONVEYANCE DESCRIBED HEREIN
AND ASSUMES AND AGREES TO PAY THE HEREIN DESCRIBED NOTES AND TO
PERFORM ALL OF THE COVENANTS AND OBLIGATIONS OFTHE DEED OF TRUST.
GRANTEE:
STAR GHT DEVELOPMENT, LLC,
a TexAs 4imited Liability Company
Manager
SPECIAL WARRANTY DEED
PACE 4
THE STATE OF TEXAS
COUNTY OF LUBBOCK :
This instrument was acknowledged before me on the ,i day of 2021, by
Thomas K. Payne, Manager of BROOKELAND I, LLC, a Texas Limited Liability eompany, on
behalf of said company.
PL Real Here.,
BRMDYTRAYLOR
y' My Notary tD # 1322EM
Evbw Dmmber 1 2023
THE STATE OF TEXAS
COUNTY OF LUBBOCK
ZrEN0. ,.,OW& cilMtate of�Texas
R Hill � 9
This instrument was acknowledged before me on the ,_ day of 2021, by
Thomas K. Payne, Manager of NEVERFALL, LLC, a Texas Limited Liability Compady, on behalf
of said company.
Place Seal Here:
j''*i'? eRNunYrRAnoR
•, • f My Notary ID # 1322B6N3
as Dow 17, 2023
THE STATE OF TEXAS
COUNTY OF LUBBOCK .
Notary ublic, S to of Texas
This instrument" -was acknowledged before me on the r day of 2021, by
Thomas K.'Payne, Manager of ROCKET PARTNERS 1, LLC, a Texas Limited Liabili Company,
on behalf of said company.
Place Seal Here:
"' .. BRAtVDY TRAYLOR
+ ' s My Notary ID # 1322 M3
s` December17,2023
*�&4eaaale)
Notary PUP
u lic, State f Texas
ASSUMPTION SPECIAL. WARRANTY DEED PAGE 5
THE STATE OF TEXAS
COUNTY OF LUBBOCK :
S
This instrument was acknowledged before me on the day ofPJQWaAjX, 2021, by
Thomas K. Payne, Manager ofROCKETPARTNERS 11, LLC, aTexas Limited Liabili Company,
on behalf of said company.
Place Seal Here:
•• BRANDYTMYLOR
: ':•; My Notary to # 1mm
Expires D8"ber 1T, 2029
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on the I day of , 2021, by
Thomas K. Payne, Manager of STARLIGHT DEVELOPMENT, LLC, a Texas d Liability
Company, on behalf of said company.
Place Seal Here: Notary Public, Sta a of Texas
BRANDYTRAYLOR
;•� My Notary ID # i3=4043
.a,•
ASSUMPTION SPECIAL WARRAN" DEED PACE 6
FILED AND RECORDED
OFFICIAL PUBLIC RECORDs
Kelly pinion County Clerk
Lubboelt Caun y TOX
02/10/2021 e8:42 AM
262141113784
FEE: M