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Ordinance - 2018-O0022 Annexing 58.13 Acres - Annexing Into The City Of Lubbock - 01/25/2018
First Reading January 25, 2018 Item No. 7.9 ORDINANCE NO. ?01 R-nnm2 Second Reading February 8, 2018 Item No. 7.9 AN ORDINANCE: ANNEXING INTO THE CITY OF LUBBOCK, TEXAS APPROXIMATELY 58.13 ACRES OF LAND OUT OF BLOCK JS, SECTION 7, LUBBOCK COUNTY, TEXAS, WITH SUCH AREA BEING LESS THAN ONE- HALF MILE IN WIDTH, BEING CONTIGUOUS TO THE EXISTING CITY LIMITS, AND BEING VACANT AND WITHOUT RESIDENTS; PROVIDING FOR THE CORRECTION OF THE CITY MAP TO INCLUDE THE AREA ANNEXED THROUGH THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Lubbock (the "City Council"), received from the property owners of an area of land less than one-half mile in width, contiguous to the city limits, and vacant and without residents (the "Area"), a written petition requesting the annexation of the Area into the boundaries of the City of Lubbock (the "Petition"), with a copy of the Petition being attached to and incorporated herein as "Exhibit A"; and WHEREAS, the City Council, at its regularly scheduled meeting on January 11, 2018, held a public hearing (the "Public Hearing") about the Petition where the City Council heard arguments for and against the annexation of the Area; and WHEREAS, through a Resolution unanimously approved by the City Council at the Public Hearing, the City Council granted the Petition and directed that the annexation of the Area contemplated in the Petition be effectuated through this Ordinance; and WHEREAS, the City Council deems it to be in the best interest of the citizens of the City of Lubbock to annex the Area into the City of Lubbock through this Ordinance; and. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Area is hereby annexed into, and included within, the corporate limits of the City of Lubbock, Texas. Such Area is depicted and described in the attached "Exhibit A," and is incorporated herein for all intents and purposes. Such Area is less than one-half mile in width, contiguous to the existing corporate limits of the City of Lubbock, Texas, and vacant and without residents. SECTON 2. THAT the City Council hereby declares it to be its purpose to annex into the City of Lubbock every part of the Area. Should this Ordinance for any reason be ineffective as to any part or parts of the Area hereby annexed into the City of Lubbock for full purposes, the ineffectiveness of this Ordinance as to any such part or parts shall not affect the effectiveness of this Ordinance as to the remainder of the Area. SECTION 3. THAT the City Engineer, or his designee, is hereby authorized and directed to correct the map of the City of Lubbock by adding thereto the Area annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance, The City Secretary and the City Engineer shall each keep in their respective offices an official map of the City of Lubbock showing the boundaries of the municipal corporation, including this annexation. SECTION 4. THAT upon the effective date of this Ordinance, any current or future inhabitant of the Area shall be entitled to the rights and privileges of other citizens of the City of Lubbock, Texas and shall be bound by the acts and ordinances adopted by the City of Lubbock, Texas. SECTION 5. THAT should any paragraph, section, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 6. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. SECTION 7. THAT this Ordinance shall be effective thirty (30) days after final passage by the City Council. AND IT IS SO ORDERED. Passed by the City Council on first reading on January 25, 2018 Passed by the City Council on second reading on February 8, 2018 DANIEL M. POPE, MAYOR ATTEST: APPROVED AS TO CONTENT: Lata Krishnarao, Interim Director of Planning APPROVED AS TO FORM: Ord. Annexation -- 806 Land Group Petition Annexation January 12, 2018 W-M' AMID ENGINEERING, LLC 2807 74th Street, Suite 8 Phone: 806-771-5976 Lubbock, TX 79423 Fax: 806-771-7625 TBPE Reg. # F-9197 TRANSMITTAL LETTER TO: City of Lubbock DATE: 12/12/17 1626 13th Street PROJECT NO: 17188 Lubbock, TX 79401 ATTN: Peter Hughes PROJECT: Uptown West WE TRANSMIT: ® HEREWITH ❑ UNDER SEPARATE COVER VIA FOR YOUR: ® APPROVAL ❑ DISTRIBUTION TO PARTIES ❑ INFORMATION ❑REVIEW & COMMENT ❑RECORD ❑SIGNATURE ®USE ❑ COPIES I DATE 1 1 12/12/2017 Copies: File DESCRIPTION Petition Requesting Annexation by Area Land Owners Joey Nelson If enclosures are not as noted, please inform us immediately. 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 [if applicable: waive the requirement to be offered a development agreement pursuant to Section 43.035, and] petition your honorable Body to extend the present city limits so as to include as part of the City of Lubbock, Texas, the following described territory, to wit: Metes and Bounds Description on an 58.96 acre (2,568,106 sq. ft.) tract of land out of that tract described in Volume 6022, Page 241, Real Property Records of Lubbock County, Texas, and out of Section 7, Block JS, Lubbock County, Texas, and being more particularly described as follows; Beginning at 1/2" iron rod with cap, found in the North line of Tract A, Covenant Northwest Clinic, an Addition to the City of Lubbock, Lubbock County, Texas, as recorded in County Clerk File Number 2016007621, Official Public Records of Lubbock County, Texas, for the Southeast and beginning corner of this tract, whence the Northeast comer of said Tract A, Covenant Northwest Clinic, an Addition bears S88013'40"E, a distance of 294.93 feet; Thence N88013'40"W, along said North line of Tract A, Covenant Northwest Clinic, an Addition, a distance of 196.55 feet to a steel fence post, found for a corner of this tract; Thence N01050'37"E, a distance of 3.38 feet to a 1/2" iron rod with cap, found for a comer of this tract; Thence N88°11'58"W, a distance of 1259.48 feet to a 1/2" iron rod with cap, found in the East line of that tract described as Tract I in Volume 8350, Page 102, Official Public Records of Lubbock County, Texas, for the Southwest corner of this tract; Thence N01 047'44"E, along the East line of said Tract I in Volume 8350, Page 102, the East line of that tract described in County Clerk File Number 2014034033, Official Public Records of Lubbock County, Texas, and along the East line of that tract described in Volume 5362, Page 328, Real Property Records of Lubbock County, Texas, at a distance of 995.22 feet pass a 1/2" iron rod with cap, found for the Northeast corner of said Tract I in Volume 8350, Page 102, continuing for a total distance of 1735.68 feet to a 1/2" iron rod with cap, found for the Southwest corner of that tract described in County Clerk File Number 2013046366, Official Public Records of Lubbock County, Texas, and for the Northwest corner of this tract; Thence S88°17'16"E, along the South line of said tract described in County Clerk File Number 2013046366, and along the South line of that tract described in County Clerk File Number 2015020408, Official Public Records of Lubbock County, Texas, at a distance of 420.69 feet pass a 1/2" iron rod with cap, found for the Southeast comer of said tract described in County Clerk File Number 2013046366, and for the Southwest comer of said tract described in County Clerk File Number 2015020408, continuing for a total distance of 1459.65 feet to a 1/2" iron rod with cap, found for the Northwest corner of that tract described as Tract I in County Clerk File Number 2016008089, Official Public Records of Lubbock County, Texas, and for the Northeast comer of this tract; Thence S01 °54'53"W, along the West line of said tract described as Tract I in County Clerk File Number 2016008089, a distance of 470.83 feet to a 1/2" iron rod with cap, found for the Southwest corner of said Tract I in County Clerk File Number 2016008089, and for a corner of this tract; Thence S88017'16"E, along the South line of said Tract I in County Clerk File Number 2016008089, a distance of 295.55 feet to a 1/2" iron rod with cap, found in the occupied West line of Frankford Avenue, as monumented and occupied on the ground, for a comer of this tract; Thence S01 °51'09"W, along the occupied West line of Frankford Avenue, as monumented and occupied on the ground, a distance of 120.00 feet to a 1/2" iron rod with cap, found for a corner of this tract; Thence N88°1T16"W, a distance of 295.68 feet to a 1/2" iron rod with cap, found for a comer of this tract; Thence S01 °54'53"W, at a distance of 48.59 feet pass a 1/2" iron rod with cap, found, continuing at a distance of 525.52 feet pass a 1/2" iron rod with cap, found for the Northwest corner of that tract described as Tract II in County Clerk File Number 2016008089, Official Public Records of Lubbock County, Texas, continuing along the West line of said Tract 11 in County Clerk File Number 2016008089, a total distance of 1150.40 feet to the Point of Beginning. Containing 58.96 acres (2,568,106 sq. ft.) We certify that the above described tract of land is contiguous and adjacent to the City of Lubbock, Texas, is not more than one-half mile in width [only limited by Local Government Code Section 43.028], and that this petition is signed and duly ackno 7dged_py each and every person having an interest in said land. THE STATE OF TEXAS COUNTY OF LUBBOCK BEF RE ME, the undersigned authority, on this da personally appeared and V VAJr , known to me to be the pers ns whose names are subscribed to the foregoing instrument and each acknowledged to me that he executed the same for the purposes and consideration therein expressed. 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