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HomeMy WebLinkAboutOrdinance - 2018-O0024 268.16 Acres - Annexing Into The City Of Lubbock - 01/25/2018First Reading Second Reading January 25, 2018 February 8, 2018 Item No. 7.11 Item No. 7.11 ORDINANCE NO. 901 R_nnm4 AN ORDINANCE: ANNEXING INTO THE CITY OF LUBBOCK, TEXAS APPROXIMATELY 268.16 ACRES OF LAND OUT OF BLOCK AK, SECTION 34, LUBBOCK COUNTY, TEXAS, WITH SUCH AREA 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 contiguous to the city limits, and vacant and without residents (the "Area"), an agreement in lieu of a written petition requesting the annexation of the Area into the boundaries of the City of Lubbock (the "Agreement"), with a copy of the Agreement 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 Agreement 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 approved the Agreement and directed that the annexation of the Area contemplated in the Agreement 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 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 — McMahan & Duhan Agreement in lieu of Petition Annexation January 12, 2018 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. AGREEMENT IN LIEU OF PETITION FOR ANNEXATION THIS AGREEMENT IN LIEU OF PETITION FOR ANNEXATION (the "Agreement") is made by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City"), Milwaukee, Ltd., a Texas limited partnership, Bacon Crest, Ltd., a Texas limited partnership, and Duhan Family Limited Partnership, a Texas limited partnership (the "Owners") (each a "Party," and collectively the "Parties") acting by and through the Parties' representative officers and officials, and is entered into by the Parties on January 11, 2018 (the "Effective Date"). RECITALS WHEREAS, the City Council of the City recognizes the continued population growth and migration trends in the Lubbock metropolitan area, and WHEREAS, the City's Annexation and Growth Advisory Committee (the "Committee") made findings that annexation within the City's extraterritorial jurisdiction on the western edge of the current city limits within an area generally bounded by 34Ih Street on the north and the Marsha Sharp Freeway on the south would benefit the City by allowing for orderly residential, commercial, and similar types of development; and WHEREAS, through Resolution 2015-R0306, the City Council adopted the Committee's Annexation and Growth Policy Report (the "Report"), with the Report containing the Committee's findings that the City Council should support annexation initiatives within the City's extraterritorial jurisdiction on the western edge of the current city limits in the area generally bounded by 341h Street on the north and the Marsha Sharp Freeway on the south ("Area E"); and WHEREAS, through this Agreement, the Owners petition the City to annex property located within Area E with such property being described and depicted in "Exhibit A" (the "Property"); and WHEREAS, the City Council finds that this Agreement satisfies certain annexation requirements under Section 43 and Section 212 of the Texas Local Government Code; and NOW, THEREFORE, the City and the Owners enter into this Agreement for the consideration of the conditions and promises contained herein. AGREEMENT Section 1. State Code Provisions, Annexation. This Agreement is a development agreement drafted according to the provisions of Section 212.172 of the Texas Local Government Code, and this Agreement constitutes, inter alia, a voluntary petition to the City for the annexation of the Property under the provisions of Section 43.052(h)(2) of the Texas Agreement In Lieu of Petition Anne:aden — George McMahan Development, LLC & Duhan Family Management, LLC-1.11.18 Page I Local Government Code, without any further action on the part of the Owners or the City other than the City's actual annexation of the Property by ordinance. The Parties agree that this Agreement satisfies certain provisions of Chapter 43 of the Texas Local Government Code, including, but not limited to, the requirement of the City to offer a development agreement to a property owner under Section 43.016 of the Texas Local Govemment Code. The Owners may terminate this Agreement, and by doing so, withdraw the voluntary petition for annexation, at any time before the effective date of annexation by providing written notice to the City. Where this Agreement follows a State Code provision that may conflict with a City Code provision, the State Code provision will apply. The City hereby agrees to provide written notice to the Owners that the City has enacted an ordinance approving the annexation requested under this Agreement, upon the occurrence of that event. Section 2. Identification of the Property. The Property is described as the property owned by the Owners within the boundaries of the area described and depicted in Exhibit A attached hereto and incorporated herein by reference. The Owners hereby warrant that the Property is vacant and that no qualified voters reside on the Property. The Owners hereby warrant that no registered voters will reside on the Property prior to July 1, 2018, with such warranty surviving the termination of this Agreement if termination occurs prior to July 1, 2018. Section 3. Application of City Planning. Inspection. and Zoning Authority. The City's planning, building inspection, and zoning authority will be extended to the Property only upon the annexation of the Property. Unless otherwise allowed under State law or City ordinance, the execution of this Agreement by the City does not authorize any development initiatives on the Property until the Property is annexed by the City. Section 4. Annexation not Continnent on Capital Improvements. The Owners acknowledge that annexation of the Property contemplated under this Agreement does not create an obligation or requirement that the City provide to the Property any capital improvements including the construction of street, sewer, water, or storm water infrastructure. Such capital improvements may be provided to the Property only after the annexation of the Property, according to the City's capital improvement plan, and subject to funding available to the City to implement the City's capital improvement plan. Section 5. Provision of Services to the Property Upon Annexation. Upon the annexation of the Property, the City will make available to the Property the services of the City's Police Department, Fire Department, Animal Services Department, Planning Department, Solid Waste Department, Building Inspection, and all other like services that would be provided to a similarly -situated property within the city limits. Section 6. Term. This Agreement shall automatically terminate on the date which is six (6) months after the Effective Date or upon the annexation of the Property, whichever shall occur first. Unless otherwise specified in this Agreement, upon the termination of this Agreement neither Party shall have any obligations under this Agreement, and the Owners and the Property shall be free of and unencumbered by the requirements and restrictions set forth in this Agreement. Agreement in Lieu of Petition Annexation — George McMahan Development, LLC & Duhan Family Management, LLC — 1.11.18 Page 2 Section 7. Agreement a Covenant Running With the Land. This Agreement shall be recorded in the Real Property Records of Lubbock County and shall be a covenant running with the land binding upon all parties having any right, title or interest in the Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit of, and be enforceable by, the Parties. Section 8. Form and Delivery of Notice. Any notice required or permitted under this Agreement shall be in writing and shall be delivered in hand, by facsimile, or by registered or certified United States mail. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid. Either Party to this Agreement shall be entitled to change its notice address upon notice to the other Party delivered in accordance with the notice provisions hereof. The Parties shall receive notice at the following addresses: City ofLubbock: W. Jarrett Atkinson, City Manager 1625 1311' Street Lubbock, Texas 79457 Section 9. Enforcement. Owgers. George McMahan, George McMahan Development, LLC 7703 LaSalle Avenue Lubbock, Texas 79424 With a copy to: Dexter Duhan, Duhan Management, LLC P.O. Box 12347 Lubbock, Texas 79452 This Agreement may be enforced by either Party by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement thereafter. The failure of either Party to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers, except as expressly set forth herein. Section 10. Entire Agreement and Severability. This Agreement constitutes the entire agreement between the Parties and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the Owners, with respect to this Agreement. If any provision contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, then the remaining provisions shall be deemed severable and shall remain in full force and effect. Section 11. Section Headings, Subheadings, and Recitals. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. Each of the recitals contained herein, by this reference, shall be incorporated into, and deemed a part of, this Agreement. Agreement in Lieu or Petition Annexation —George DkMahan Development, LLC & Duhan Family Management, LLC-1.11.18 Page 3 Section 12. Counterparts and Modification of A reement. This Agreement may be executed in two (2) or more counterparts, each of which shall constitute an original. This Agreement cannot be modified or amended without the written consent of all the parties hereto and attached and made a part of this Agreement. The City or the Grantee may amend this Agreement at any time, provided that such amendments make specific reference to this Agreement, are executed in writing, signed by a duly authorized representative of both Parties, and approved by the City Council. Such amendments shall neither invalidate this Agreement nor relieve or release the City or the Grantee from its obligations under this Agreement. Section 13. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue shall be in the State courts located in Lubbock County, Texas or the United States District Court for the Northern District of Texas, Lubbock Division. The City shall not be subject to any arbitration process for any dispute that might arise under this Agreement prior to exercising its unrestricted right to seek judicial remedy. Section 14. Indemnity and Release. 1. THE OWNERS SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EaTENT PERMITTED BY LAW, THE CITY, AND THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS, FRONT AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, OR LIABILITIES, OF ANY KIND OR NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED, IN ANY WAY, MANNER, OR FORM, TO THE ACTIVITIES CONTEMPLATED HEREUNDER. 2. THE OWNERS SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY ENFORCING THE OWNERS' INDEMNITY HEREIN. 3. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS SHALL NOT BE LIABLE, AND THE OWNERS HEREBY RELEASE THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS, FOR, FRONT, AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, OR LIABILITIES TO THE OWNERS. 4. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THIS AGREENIENT Section 15. "Indenendent Contractor". Nothing contained in this Agreement is intended, or shall be construed in any manner, to create or establish the relationship of employer and employee between the Parties. The Owners shall at all times remain "independent contractors" with respect to any requirement under this Agreement. Section 16. Right to Exercise. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. To the extent of any conflict between this provision and another provision in, or related to, this Agreement, the former shall control. Agreement in Lieu of Petition Anne1a11on — George 11e11lahan Development, LLC & Duhan Family Management, LLC— 1.11.19 Page 4 Section 17. Assignability. The Owners shall not assign or transfer any interest in this Agreement without the prior written consent of the City. Notice of any such assignment or transfer shall be furnished promptly to the City. Section 18. Chapter 2270, Subtitle F. Title 10, Texas Government Code and Senate Bill 252. The Grantee warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel during the term of this Agreement. Texas Senate Bill 252 prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. IN WITNESS WHEREOF, the Parties hereby enter into this Agreement as of the Effective Date. FOR: THE CITY DANIEL M. POPE, MAYOR ATTEST: Rebecca Garza, City Secretary SIGNATURES FOR: THE OWNERS 4,1- 1 � &-'t- eorge ahan, Manager, George McMahan Development, LLC (General Partner of Milwaukee, Ltd., and Bacon Crest, Ltd.) FOR: THE OWNERS AeCXter u an, . Tanager, _z Duhan Management, LLC (General Partner of Duhan Family Limited Partnership) Agreement in Lieu or Pelition Annexnlion — George h1c1tnhan Development, LLC & bahon Fnmii) Management, LLC--1.11.18 Page 5 APPROVED AS TO CONTENT: W. Jarrett Atkinson, City Manager APPROVED AS TO FORM: Justin Pruitt, Assistant City Attorney Agreement In Lieu of Petition Annexation— George McMahan Development, LLC & Daban Family Management, LLC-1.l 1.18 Page 6 NOTARIZATION City of Lubbock State of Texas § County of Lubbock § This instrument was executed before me on 20 , by , DATE NAM TITLE of the City of Lubbock, a Texas municipal corporation, on behalf of said corporation. Notary Public George McMahan Development, LLC State of Texas § County of Lubbock § This instrument was executed before me on 20U _, by BATE of E on behalf of said company. — I C"1 �� _ .. . t i. .1..►.a 74.7 ' State of Texas § County of Lubbock § ' JENI�IFERS RQEWS "W Stale of Texas Ndaly IN 12497066.3 a, ' MyCww&aa Expies06.26.2020 Duhan Management, LLC This instrument was executed before me on.4 20 � � _,by b-fjnZA-_ 640Ad bA NA.tn: of TrrLE on behalf of said company - Notary hk4AAd m CONIPANl NAME ' DANNIE MASON Naan+P&kslate 01Tom a tlyti X W&W E 0 as 11-05.201 9 Agreement in Lieu of Petition Annexation - George McMahan Development, LLC & Duhan Family Management, LLC - 1.11.18 Page 7 EXHIBIT A The Property — Metes & Bounds Description Agrctmumt la Lira of Milian Annatatian - Cearma llcMabas Dotlogmuc. LLC & Duhan FAW)' Manxi eme.m. LIX-1.11.18 ('ape 8 AMD ENGINEERING, LLC Metes and Bounds Description on a 268.16 acre (11,680,925 sq. ft.) tract of land out of Section 34, Block AK, Lubbock County, Texas, and being more particularly described as follows; Beginning at point for Northwest corner of Section 34, Block AK and for the Northwest and beginning comer of this tract; Thence S88°08'31 "E, a distance of 2640.07 feet, as described in County Clerk File Number 2014029888, Official Public Records of Lubbock County, Texas, to a point for a corner of this tract; Thence S01151'42"W, a distance of 572.04 feet, as described in County Clerk File Number 2014029888, Official Public Records of Lubbock County, Texas, to a point for a corner of this tract; Thence S88° l l' 11 "E, a distance of 659.53 feet, as described in County Clerk File Number 2613050170, Official Public Records of Lubbock County, Texas, to a point for a corner of this tract; Thence N01 °50'07"E, a distance of 345.53 feet, as described in County Clerk File Number 2013050170, Official Public Records of Lubbock County, Texas, to a point for a comer of this tract; Thence S88°08'21 "E, a distance of 661.09 feet, as described in County Clerk File Number 2013050170, Official Public Records of Lubbock County, Texas, to a point for a corner of this tract; Thence NO1'52'41 "E, a distance of 226.04 feet, as described in County Clerk File Number 2013050170, Official Public Records of Lubbock County, Texas, to a point for a comer of this tract; Thence S88°08'31 "E, a distance of 663.27 feet, as described in County Clerk File Number 2013050170, Official Public Records of Lubbock County, Texas, and along the North line of that tract described in Volume 9540, Page 183, to a point in the present city limits line as described in ordinance No. 10117, for the Northeast corner of this tract; Thence SO1 °51'34"W, along the West line of said city limits line, a distance of 2639.63 feet to a point for the Southeast corner of this tract; Thence N88°09'42"W, a distance of 1983.82 feet, as described in County Clerk File Number 2013050170, Official Public Records of Lubbock County, Texas, and along the South line of said tract described in Volume 9540, Page 183, to a point for a corner of this tract; 2807 74111 Street, Suite 8 TX. Lic. Surv. Firm #101785-00 Office: (806) 771-5976 Lubbock, Texas 79423 www.amdeng.com Fax- (806) 771-7625 AMD ENGINEERING, LLC Thence N88°08'02" W, a distance of 2640.14 feet, as described in County Clerk Pile Number 2014029888, Official Public Records of Lubbock County, Texas, to a point for the Southwest corner of this tract; Thence N01 °51'42"E, a distance of 2639.94 feet, as described in County Clerk File Number 2014029888, Official Public Records of Lubbock County, Texas, to the Point of Beginning. Containing 268.16 acres (11,680,925 sq ft.) Bearings are based on the Texas Coordinate System of 1983, North Central Zone. "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 interest implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Job No. 16228 January 2, 20I8 1JA_ Charles Lynn Sawyer Professional Land Surveyor Nur 2807 Vh Street, Suite 8 TX. I.ic. Surv. Firm #101785-00 Office: (806) 771-5976 Lubbock, Texas 79423 www.amdeng.com Fax: (806) 771-7625 The Property— Map Depiction Au1mmm In Lku ul I'rdlInn AnnesalIvv _ Gmr&e 1 012han Develmjmwc 1, LLC & Duhaa [coups AlaaaKmCvt, LLC— LlLIR Ilage9 Proposed Petition Annexation Area (268.16 ac) Legend ® Proposed Annexation Area Lubbock City Limits ] Wolfforth City Limits 0. ®■'s W Feet 10 S00 1000 2000 3000 IN ubb'ock 7[>ilf Asuepsndbf CUpWX I WBC"AvrSO GEMAru arAPRMCTsalwec wvwR code ebcgdLLebmknamrpo.dwno" Digital OAhopholoprephy• June 2016 na the data m du map .as coaled h N CGy of Ubbo:k Any data Nat appaas Io espseN PMa ty bwndvea •e Its edamAmal ptposes end eery not lu a been peepaed b v be ead�ble b lgel 9I, a svremp pvpxes 1 does rO Nv%ent sn cnAMg* and savoy aid eepeswda eaJy Ire swc arms iWaave ae sstn of pdpety k—Saes EXECUTIVE SUMMARY Annexation by Agreement — A request by Milwaukee, Ltd. et al, for annexation. Description of the area -- a 268.16 acre tract of land out of Section 34, Block AK, Lubbock County, Texas LOCATION: This tract of land is located south of 501h Street and west of Upland Avenue, within Lubbock County and the City of Lubbock's ETJ. It is part of a1,450 acre area previously identified by the Annexation and Growth Advisory Committee as Tract "E", which was recommended for unilateral annexation earlier in the year, and was postponed. CURRENT USE OF LAND: The 268.16 acre area is currently vacant and undeveloped. SURROUNDING LAND The property to the north is outside the city limits and is mostly vacant, with a few single family homes. The property to the south is outside the city limits and is mostly vacant, with a few single family homes. The property to the east is inside city limits and is vacant on the west side of Upland Avenue, with a few single family homes on the east side of Upland Avenue. Lastly, the property to the west is outside the city limits and is developed with single family homes. ACCESSIBILITY: This tract of land borders two thoroughfares: 50th Street and Alcove Avenue. AVAILABILITY OF AND IMPACT ON CITY SERVICES: (A Service Plan is not required) Municipal services will be provided to the area in accordance with the City of Lubbock's established policies governing extension of municipal services to newly annexed areas. COMPREHENSIVE PLAN RECOMMENDATIONS: The Comprehensive Land Use Plan recommends this area for low density residential development, with 10 acres of commercial development at the corner of 50th Street and Alcove Avenue. IMPACT OF ANNEXATION — LONG TERM AND SHORT TERM: The short-term impact of annexation will be the immediate need to provide services such as police and fire protection, code enforcement, and animal services. However, there are many long-term benefits provided by annexation which include the ability of the City to plan effectively for anticipated growth, protect corridor entries into the city, ensure orderly development and land use, expand the tax base, and capture appropriate revenue to help support the entire city. RECOMMENDATIONS: On 10/09/2017, the Annexation Committee recommended the request for approval by a vote of 5-1. Terry Holeman, Trey Strong, Greg Garrison, Jack Benton, and Kyle Carruth voted in favor of the request. Maurice Stanley voted in opposition to the request. George McMahan recused.