HomeMy WebLinkAboutOrdinance - 2018-O0051 Annexing 2,224 Acres Area H - Annexing An Area Of Land Into The City - 04/12/2018First Reading
April 12, 2018
Item No. 7.7
ORDINANCE NO. _ )0 i R-n()n5l
Second Reading
May 10, 2018
Item No. 7.2
AN ORDINANCE ANNEXING AN AREA OF LAND INTO THE CITY OF
LUBBOCK, TEXAS, SAVE AND EXCEPT CERTAIN PROPERTY EXEMPT FROM
ANNEXATION THROUGH A DEVELOPMENT AGREEMENT, WITH THE
DESCRIPTION OF SUCH EXEMPT PROPERTY ATTACHED TO THIS
ORDINANCE AS "EXHIBIT C", WITH SAID AREA OF LAND TO BE ANNEXED
BEING GENERALLY DESCRIBED AS APPROXIMATELY TWO THOUSAND
TWO HUNDRED TWENTY-FOUR (2,224) ACRES OF LAND ADJACENT TO THE
CURRENT CITY LIMITS OF THE CITY OF LUBBOCK, EAST OF NORTH
AVENUE P, SOUTH OF LAMAR STREET, WEST OF NORTH GUAVA AVENUE,
AND NORTH OF EAST BLUEFIELD STREET, ALONG THE INTERSTATE 27
CORRIDOR, AND MORE SPECIFICALLY IDENTIFIED IN "EXHIBIT A" OF
THIS ORDINANCE, AND IS ADJACENT TO AND ABUTS THE EXISTING CITY
LIMITS OF THE CITY OF LUBBOCK, TEXAS, AND WHICH CONTAINS FEWER
THAN ONE HUNDRED (100) SEPARATE TRACTS OF LAND ON WHICH ONE (1)
OR MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT;
PROVIDING FOR THE ADOPTION OF A SERVICE PLAN IN THIS ORDINANCE;
PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS
ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the area described in Section 1 herein is an area determined by the City Council
of the City of Lubbock (the "City Council") to be considered for annexation (the "Area"); and
WHEREAS, the City Council finds that there are fewer than one hundred (100) separate
tracts of land on which one (1) or more residential dwellings are located in the Area; and
WHEREAS, all required notices, including written notice of intent to annex the Area to each
property owner, each public entity, and each railroad company within the Area, as required by
Section 43.062 of the Texas Local Government Code, have been made in accordance with
applicable law; and
WHEREAS, all required notices to each public school district and each public entity in the
Area were sent as required by Section 43.905 and Section 43.9051 of the Texas Local
Government Code; and
WHEREAS, as required by Section 43.063 of Texas Local Government Code, the City
Council conducted public hearings on March 8, 2018 at 5:30 p.m. and March 22, 2018 at
5:30 p.m., and at each public hearing, persons interested in the annexation were given the
opportunity to be heard; and
WHEREAS, according to the direction of the City Council in Resolution 2017-R0303, City
staff prepared a service plan for the Area in accordance with Sections 43.065 and 43.056 (b)-
(o) of the Texas Local Government Code, with said service plan providing for full municipal
services to the Area and being made available and explained to the public at the scheduled
public hearings; and
WHEREAS, subject to the exceptions provided in Section 43.002(c) and Section 229.002 of
the Texas Local Government Code, neither the City Council nor City staff may prohibit
certain existing and planned land uses in the Area that satisfy the requirements of Section
43.002(a) of the Texas Local Government Code; and
WHEREAS, the City Council intends to delay its authority to prohibit the uses described in
Section 43.002(c)(7) of the Texas Local Government Code until January 31, 2019; and
WHEREAS, City staff, on or about February 5, 2018, by certified mail return receipt
requested, mailed an offer to make a development agreement to each property owner of land
within the Area that is subject to an agricultural use, timber land, or wildlife management ad
valorem tax exemption, as determined by the Lubbock Central Appraisal District, as required
by Section 43.016 of the Texas Local Government Code; and
WHEREAS, the City Council finds that each property owner of land within the Area that is
subject to an agricultural use, timber land, or wildlife management ad valorem tax exemption
has been offered a development agreement pursuant to Section 43.016 of the Texas Local
Government Code, and that each owner has either accepted or rejected the offer to make a
development agreement with a copy the description of the property exempt from annexation
through such accepted development agreements being attached to this Ordinance as "Exhibit
C"; and
WHEREAS, the development agreements offered by the City under Section 43.016 of the
Texas Local Government Code are effective only if the area including the property that is the
subject of the development agreement is actually annexed by the City Council; and
WHEREAS, property that is the subject of a development agreement offered by the City
under Section 43.016 shall retain its extraterritorial status and the owner of such property
must abide by the City's development regulations as if such property were within the City
limits, as provided further in such development agreement; and
WHEREAS, the land which is adjacent or contiguous to an area that is subject to a
development agreement is considered adjacent or contiguous to the City; and
WHEREAS, the City Council of the City of Lubbock 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; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Area, which is further depicted and described in the attached
"Exhibit A" and incorporated herein for all intents and purposes, which abuts and is adjacent
to the existing corporate limits of the City of Lubbock, Texas, is hereby annexed into, and
included within, the corporate limits of the City of Lubbock, Texas, save and except the
property exempted from annexation through a development agreement, with the description
of such exempt property being attached to this Ordinance as "Exhibit C".
SECTION 2. THAT the service plan, attached as "Exhibit B" and incorporated herein by
reference for all purposes, was submitted in accordance with Chapter 43 of the Texas Local
Government Code and is hereby approved as part of this Ordinance.
SECTON 3. THAT the City Council hereby declares it to be its purpose to annex into the
City of Lubbock every part of the Area described in Section 1 of this Ordinance save and
except the property exempted from annexation through a development agreement, with the
description of such exempt property being attached to this Ordinance as "Exhibit C",
regardless of whether any part of the Area is not hereby effectively annexed into the City.
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 4. THAT the City Council, pursuant to Section 43.057 of the Texas Local
Governnent Code, hereby finds that the proposed annexation would cause certain areas to be
entirely surrounded by the annexing municipality, but would not include those areas within
the municipality, and that so surrounding those areas is in the public interest.
SECTION 5. 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 6. THAT, after final passage by the City Council, this Ordinance shall become
effective on July 1, 2018.
SECTION 7. 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 8. 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.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on April 12, 2018
Passed by the City Council on second reading on May 10, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Reb tea Garza, City Setretar
APPROVED AS TO CONTENT:
Lata Kns utarao, nterim Director of Planning
APPROVED AS TO FORM:
Ju n Pruit , Assistant City Attorney
Ord. Mnuaion —Area H-127 Corridor
May 1, 2018
EXHIBIT A
Depiction & Description of the Annexation Area
M
i
m
CO
M
"
'0
F
d Q
U Y_
m
U)
N M
N
U ma
N 0
0
r
0
mu
L
a
`1 HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N I LUBBOCK, TE%Aa l9 <01 1606763-6642 I FAX a061769-0691
rTEXAS REGISTERED ESCREENING FIRM 1-760
TEXAS LICENSED SURVEYING IN. 10p6]s,
LAND SURVEYORS
CIVIL ENGINEERS EXHIBIT A(2)
DESCRIPTION FOR ANNEXATION
METES AND BOUNDS DESCRIPTION of a bect of land containing approximately 431 acres located in Section 2, Block D-3,
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. 6201, and the present city
limits as established by City of Lubbock Ordinance No. 8647, said point being 360 feet East and 50 feet North of the Southwest
comer of Section 2, Block D-3;
THENCE North, along a line of said Ordinance No. 8647 a distance of approximately 4,240 feet to its intersection with the
called center line of runway 8-26;
THENCE East, continuing along a line of said Ordinance Na. 8647, along said called center line of runway 8-26 a distance of
approximately 4,389 feet;
THENCE South, continuing along a line of said Ordinance No. 8647 a distance of approximately 3,652 feet;
THENCE East, continuing along a line of said Ordinance No. 8647 a distance of approximately 461 feet to a point 70 feet West
and 638 feet North of the Southeast comer of said Section 2, Block D-3;
THENCE South, along a line 70 feet West of and parallel to the East line of said Section 2, a distance of approximately 488 feet;
THENCE S. 45000'00" W. an approximate distance of approximately 141.4 feet to a point 170 feet West and 50 fact North of
the Southeast comer of said Section 2, same point being in a line of said Ordinance No. 6201;
THENCE West, along a line of said Ordinance No. 6201 a distance of approximately 4,750 feet to the Point of Beginning.
Bearings relative to previously recorded Annexation Ordinances and Section lines in the area presumed as North-South/East-
West,
June 4, 2018
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
This document was prepared under 21 TAC §663.21, does nor reflect the results ofan on the gmundsurvey, ad is nor to be used
W convey or establish interests in real propertyexcept those right, and interests implied or established by the creation ar
reconfiguration of the boundary of the political subdivision for which it was prepared.
COL Annex Area H Page I of 1
EXHIBIT A(3)
Ord 8647
.........................�
Sec. 36, ; dirt. A
/ Sec.4,
Blk. D-3
•......................'
Ord 8647 sec. 3,
Blk. D-3
Sec. 32, Blk. A
, .I
=JL-
LANE) SURVEYORS
CIVIL ENGINEERS
HUGO REED AND ASSOCIATES, INC.
1801 AVENUE N I LUBBOCK. TEXAS 79401 I SOS753.5842I FAX B08083.3891
TEXAS REGISTERED ENOINRERINB FIRM F980
TEXAS LICENSED SUNVEYINO FIRM 10p676-00
EXHIBIT A(4)
DESCRIPTION FOR ANNEXATION
METES AND BOUNDS DESCRIPTION of tract of land located in Section 36, Block A, Lubbock
County, Texas, containing approximately 128 acres, being further described as follows:
BEGINNING at a point in the South line of Section 36, Block A, Lubbock County, Texas, and the present
city limits as established by City of Lubbock Ordinance No. 8647, said point being 70 feet West of the
Southeast comer of Section 36, Block A;
THENCE West, along the South line of said Section 36, and a line of said Ordinance No. 8647, a distance
of 2,146.78 feet to a point;
THENCE North continuing along a line of said Ordinance No. 8647, a distance of 2,640.70 feet to a
point;
THENCE East, continuing along a line of said Ordinance No. 8647, a distance of 1996.78 feet to the
Northwest corner of a tract of land as described in Volume 6544, Page 154 of the Real Property Records
of Lubbock County, Texas;
THENCE South, along the Western boundary of said described tract, a distance of 268 feet to the
Southwest comer of said tract of land;
THENCE East, along the Southern boundary of said described tract of land, a distance of 150 feet to a
point being 70 feet West of the East line of Section 36, Block A;
THENCE South, along a line 70 feet West of and parallel to the East line of said Section 36, an
approximate distance of 1,311 feet to a point;
THENCE West an approximate distance of 158 feet;
THENCE South an approximate distance of 235 feet;
THENCE East an approximate distance of 158 feet to a point being 70 feet West of the East line of said
Section 36;
COL Annex Area H Page I of 2
THENCE South, along a line 70 feet West of and parallel to the East line of said Section 36, an
approximate distance of 826 feet to the Point of Beginning.
Bearings relative to previously recorded Annexation Ordinances and Section lines in the area presumed as
North-South/East-West.
June 4, 2018
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
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.
COL Annex Area H Page 2 of 2
d
Sec. 33, Blk. A m
N
O
O
N
I
�
N
W
��
m
n
m
m
Q%
W
O)'
V
W
x
N'
Oi
W
x
D
D
D
Sec. 37, Blk. A Sec. 40, Blk. D
m
N
�
W
0
Q
F
W
6
p
F
D
N
m
D
O
A
W
m
w
m
...................
W
Q
z
1
W
D
A
J
W N
1 N a! p
W E W i ai W W J
0 U F
W ! W ! W W 0
��-�: HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N I LUBBOCK. TEXAS 794011806g63-6.42 /FAX 806p1id691
TEXAS
� - 1 N. TE%A6LECEN9EO SURVEYING FIRM M10067G FIRM 000
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT AM
DESCRIPTION FOR ANNEXATION
METES AND BOUNDS DESCRIPTION of a tract of land located in Sections 27, 28, 31, 32, 35, 36 and
37, Block A, and Sections 38, 39 and 40, Block D, Lubbock County, Texas, containing approximately
1,665 acres, being further described as follows:
BEGINNING at a point in the present city limits as established by the City of Lubbock Ordinance No.
2016-00059, which bears 55.00 feet West and 2,639.48 feet South from the Northeast comer of Section
40, Block D, Lubbock County, Texas
THENCE East, along the South line of said Ordinance No. 2016-00059, a distance of 5,367.19 feet to a
point of intersection in the present city limits as established by City of Lubbock Ordinance 2005-00063;
THENCE Southwesterly, along the line of said Ordinance No. 2005-00063, along a curve to the right,
said curve having a radius of 2,814-99 feet, a chord bearing of S. 11004' W., a chord distance of
approximately 15 feet;
THENCE S. 11012'08" W., continuing along the line of said Ordinance No. 2005-00063, a distance of
309.81 feet to a point of intersection;
THENCE Southwesterly, continuing along the line of said Ordinance No. 2005-00063, along a curve to
the left, said curve having a radius of 2,914.60 feet, a chord distance of 513.96 feet to a point of
intersection;
THENCE S. 01004'04" W., continuing along the line of said Ordinance No. 2005-00063, a distance of
1,875.8 feet to a point in the South right-of-way line of FM 1294;
THENCE East, continuing along the line of said Ordinance No. 2005-00063 and the South line of
Section 38, Block D, approximately 389 feet to a point in the present city limits as established by City of
Lubbock Ordinance No. 8647 at a point in the East right -of --way line of interstate Highway 27 (I-27);
THENCE S. 38' 14'30" W., along the line of said Ordinance No. 8647 and the East right-of-way of I-27, a
distance of 62.2 feet;
THENCE S. 13' 19'00" E., continuing along the line of said Ordinance No. 8647 and the East right-of-
way of Interstate 27, a distance of 347.3 feet;
COL Amex Area H Page I of 6
THENCE Southwesterly, continuing along the line of said Ordinance No. 8647 and the East right-of-way
of I-27, along a curve to the right, said curve having a radius of 1910.8 feet and a curve length of 883.4
feet to a point;
THENCE S. 1301 l'00' W., continuing along the line of said Ordinance No. 8647 and the East right-of-
way of I-27, a distance of 354.2 feet to a point;
THENCE Southwesterly, continuing along the line of said Ordinance No. 8647 and the East right-of-way
of I-27, along a curve to the left, said curve having a radius of 1397.69 feet and a curve length of 322.8
feet to a point;
THENCE South, continuing along the line of said Ordinance No. 8647 and the East right-of-way of 1-27,
an approximate distance of 6.3 feet to a point;
THENCE East, continuing along the line of said Ordinance No. 8647, a distance of 400 feet to a point;
THENCE South, continuing along the line of said Ordinance No. 8647, a distance of 660 feet to a point;
THENCE West, continuing along the line of said Ordinance No. 8647, a distance of 400 feet to a point in
the East right-of-way of said I-27;
THENCE S. 00'03'00" E. continuing along the line of said Ordinance No. 8647 and the East right-of-way
of I-27, a distance of 1,236.2 feet to a point;
THENCE S. 02°54'46" E., continuing along the line of said Ordinance No. 8647 and the East right-of-
way of I-27, a distance of 1,401.5 feet to a point;
THENCE S. 02'43'45" W., continuing along the line of said Ordinance No. 8647 and the East right-of-
way of I-27, a distance of 1,305 feet to a point;
THENCE East, continuing along the line of said Ordinance No. 8647, a distance of 1,055 feet to a point;
THENCE South, continuing along the line of said Ordinance No. 8647, a distance of 2,640 feet to a point;
THENCE East, continuing along the line of said Ordinance No. 8647, a distance of 960 feet to a point of
intersection with the called Centerline of runway 17R-35L;
THENCE South, continuing along the line of said Ordinance No. 8647, also the called Centerline of said
runway, an approximate distance of 6,580 feet a point in the present city limits as established by City of
Lubbock Ordinance No. 6201;
THENCE West, 60 feet North of and parallel to the South line of Sections 27 and 28, Block A, and along
the line of said Ordinance No. 6201, an approximate distance of 2,940 feet to a point 60 feet North of and
approximately 660 feet West of the Southeast comer of Section 27, Block A;
THENCE North, approximately 660 feet West of and parallel to the East line of said Section 27, an
approximate distance of 300 feet;
COL Annex Area H Page 2 of 6
THENCE East, approximately 360 feet North of and parallel to the South line of said Section 27, an
approximate distance of 180 feet to a point approximately 480 feet West of the East line of said Section
27;
THENCE North, approximately 480 feet West of and parallel to the East line of said Section 27, an
approximate distance of 2,367 feet to a point in the Southern boundary of a 170.868 acre tract of land as
described in Volume 4647, Page 140 of the Real Property Records of Lubbock County, Texas;
THENCE East, along the Southern boundary of said described tract of land, an approximate distance of
150 feet to a point in the West right-of-way line of 1-27;
THENCE N. 03020' 12" W., along said West right-of-way line, a distance of 260.67 feet;
THENCE N. 02051'45" E., continuing along said West right-of-way line, a distance of 500.62 feet;
THENCE N. 05036'21" E, continuing along said West right-of-way line, a distance of 626.00 feet;
THENCE N. O1'12'28" E., continuing along said West right-of-way line, a distance of 581.10 feet;
THENCE Northeasterly, continuing along said West right-of-way line, along a curve to the right, said
curve having a radius of 3963.83 feet, a central angle of 02°22'21 ", tangent lengths of 82.08, feet a chord
distance of 164.12 feet and a chord bearing of N. 01 °23'32" E. to a point in the Southern boundary of a 10
acre tract of land as described in Volume 776, Page 47 of the Deed Records of Lubbock County, Texas;
THENCE West, along the Southern boundary of said 10 acre tract, an approximate distance of 664 feet to
the Southwest comer of said 10 acre tract;
THENCE North, along the Western boundary of said 10 acre tract and the Western boundary of a tract of
land as described under County Clerk File Number 2007008423 of the Official Public Records of
Lubbock County, Texas, an approximate distance of 500 feet to a point in the North tine of Section 27,
Block A, Lubbock County, Texas;
THENCE Northeasterly an approximate distance of 1, 150 feet to a point in the Southern boundary of a 5
acre tract of land as described in Volume 9928, Page 308, being 660 feet West of the East line of Section
31, Block A, Lubbock County, Texas;
THENCE West, along the Southern boundary of said 5 acre tract, an approximate distance of 146 feet to
the Southwest comer of said 5 acre tract;
THENCE North, along the Western boundary of said 5 acre tract, an approximate distance of 270 feet to
the Northwest corner of said 5 acre tract;
THENCE East, along the Northern boundary of said 5 acre tract, an approximate distance of 146 feet to a
point being 660 feet West of the East line of said Section 31;
THENCE North, 660 feet West of and parallel to said East Section line, an approximate distance of 1,485
feet to a point in the Southern boundary of a 187.86 acre tract of land described in County Clerk File
Number 2006052650 of the Official Public Records of Lubbock County, Texas;
COL Annex Area H Page 3 of 6
THENCE West, along the Southern boundary of said 187.86 acre tract, an approximate distance of 2,751
feet to the Southwest comer of said tract, being a point in the East right-of-way line of The BNSF
Railway Company Railroad;
THENCE N. 04054'03" W., along said East right-of-way line, an approximate distance of 582.8 feet to a
point of intersection;
THENCE Northeasterly, continuing along said East right-of-way line, along a curve to the right, said
curve having an approximate radius of 2,537 feet, a central angle of 30°33'07", an approximate chord
distance of 1,335 feet, and a chord bearing of N. 08013' 12" E. to a point of intersection;
THENCE S. 67°I4'23" E., continuing along said East right-of-way line, an approximate distance of 50
feet;
THENCE N. 22°41'20" E., continuing along said East right-of-way line, an approximate distance of 442
feet to a point 55 feet south of the North line of Section 31, Block A, Lubbock County, Texas;
THENCE West, 55 feet South of and parallel to the North line of said Section 31, an approximate distance
of 2,234 feet to a point in the present City limits as established by City of Lubbock Ordinance No. 6201;
THENCE North, along said line of Ordinance 6201, a distance of 55 feet to a point in the North line of
said Section 31 and a comer of said established City limits;
THENCE West, continuing along said line of Ordinance 6201 and the North line of said Section 31 and
the North line of Section 33, Block A, an approximate distance of 115 feet to a point 55 feet West of the
Southeast corner of Section 37, Block A;
THENCE North, 55 feet West of and parallel to the East lines of Section 37, Block A and Section 40,
Block D, an approximate distance of 7,805 feet to the Point of Beginning.
SAVE AND EXCEPT a portion of a tract of land located in Section 35, Block A, Lubbock County,
Texas, as described in Volume 4242, Page 336 of the Real Property Records of Lubbock County, Texas,
being further described as follows:
BEGINNING at a point in the West right-of-way line of I-27, which bears North an approximate distance
of 55 feet and West an approximate distance of 109 feet from the Southeast comer of said Section 35;
THENCE West, along a line 55 feet North of and parallel to the South line of said Section 35, an
approximate distance of 516 feet to a point in the West line of said described tract;
THENCE Northerly, along the Western boundary of said described tract, an approximate distance of 202
feet to the Northwest corner of said described tract;
THENCE East, along the Northern boundary of said described tract, an approximate distance of 511 feet
to a point in the West right-of-way line of said I-27, for the Northeast comer of this tract;
COL Annex Area H Page 4 of 6
THENCE Southerly, along the said West right-of-way line and the Eastern boundary of said described
tract, an approximate distance of 202 feet to the Point of Beginning.
SAVE AND EXCEPT a portion of The BNSF Railway Company Railroad, a portion of that 100 acre tract
located in Section 39, Block D, Lubbock County, Texas as described in Volume 2682, Page 305 of the
Real Property Records of Lubbock County, Texas (RPRLCT), a portion of that tract of land located in
Section 39, Block D as described under County Clerk File Number (CCFN) 2009020103 of the Official
Public Records of Lubbock County, Texas (OPRLCT) and the following four entire tracts of land located
in Section 39, Block D, Lubbock County, Texas, being a tract described under CCFN 2006029874,
OPRLCT, a tract described in Volume 1977, Page 713 of the Deed Records of Lubbock County, Texas, a
2.173 acre tract described in Volume 6419, Page 296, RPRLCT, and a 4.25 acre tract described in
Volume 6006, Page 226, RPRLCT, plus a portion of a 219.363 acre tract of land located in Section 35,
Block A, Lubbock County, Texas, as described in Volume 9633, Page 272, OPRLCT, a portion of The
BNSF Railway Company Railroad located in Section 35, Block A, a portion of that tract of land located
in Section 35, Block A as described under CCFN 2015028366, OPRLCT, and the entire 6.26 acre tract of
land located in Section 35, Block A as described in Volume 9633, Page 254, OPRLCT, all SAVE AND
EXCEPT AREA being further described as follows:
BEGINNING at the Southeast comer of said 4.25 acre tract, which bears West an approximate distance of
364.8 feet from the Southeast comer of Section 39, Block D and the Northeast comer of Section 35,
Block A, Lubbock County, Texas;
THENCE South 70 feet to the Southeast comer of this tract;
THENCE West, 70 feet South of and parallel to the North line of said Section 35, an approximate distance
of 1,665.4 feet to a point in the Eastern boundary of said 6.26 acre tract;
THENCE Southwesterly, along the Eastern boundary of said 6.26 acre tract, an approximate distance of
296.2 feet to the Southeast comer of said 6.26 acre tract;
THENCE Westerly, along the Southern boundary of said 6.26 acre tract, an approximate distance of 140.1
feet;
THENCE Southwesterly, continuing along the Southern boundary of said 6.26 acre tract, an approximate
distance of 279.3 feet;
THENCE Westerly, continuing along the Southern boundary of said 6.26 acre tract, an approximate
distance of 314.8 feet to the Southwest comer of said 6.26 acre tract and the Southwest comer of this
tract;
THENCE Northeasterly, along the Western boundary of said 6.26 acre tract, an approximate distance of
448.1 feet to the Northwest comer of said 6.26 acre tract, being a point in the North line of said Section
35, Block A and South line of said Section 39, Block D;
THENCE North, a distance of 70 feet;
THENCE East, 70 feet North of and parallel to the South line of said Section 39, Block D, an
COL Annex Area H Page 5 of 6
approximate distance of 50.0 feet to a point in the Western boundary of said 100 acre tract described in
Volume 2682, Page 305;
THENCE North, along the Western boundary of said 100 acre tract, an approximate distance of 377 feet
to the Southwest comer of a 91.0 acre tract described under CCFN 2017003406, OPRLCT, for the
Northwest corner of this tract;
THENCE East, along the Southern boundary of said 91.0 acre tract, at approximately 1875.5 feet pass the
Southeast corner of said 91.0 acre tract and the West right-of-way line of said BNSF Railway Company
Railroad, continuing for a total approximate distance of 1,982.7 feet to a point in the East right-of-way
line of said BNSF Railway Company Railroad and the Western boundary of said 4.25 acre tract;
THENCE N. 22°30'30" E., along said East right-of-way line and the Western boundary of said 4.25 acre
tract, an approximate distance of 325.9 feet to a point in the West right-of-way line of Interstate Highway
27 (1-27) same being the North comer of said 4.25 acre tract;
THENCE S. 13'19'00" E., along the Eastern boundary of said 4.25 acre tract and the West right-of-way
line of said 1-27, an approximate distance of 771.5 feet to the Point of Beginning.
Bearings relative to previously recorded Annexation Ordinances and Section lines in the area presumed as
North-South/East-West.
June 4, 2018
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
This document was prepared under 22 TAC §663.21, does not reflect the results ofan 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 ofthe boundary of the political
subdivision jor which it was prepared.
COL Annex Area H Page 6 of 6
EXHIBIT B
Service Plan for the Annexation Area
EXHIBIT B
MUNICIPAL SERVICE PLAN FOR AREA "H"
FIRE AND RESCUE SERVICES
Existing Services: None
Services to be Provided. Fire suppression and Basic Life Support (BLS) First Responder
emergency medical response will be available to the area upon annexation. Primary fire
response and BLS First Responder emergency medical response will be provided by Fire
Station No. 2. located at 1515 E. Ursuline Street, Station 4, located at 2504 Cornell Street
and Station No. 5, located at 1101 Zenith Avenue. Station No. 2 is approximately 6.9 miles
from the proposed annexation with an approximate response time of 8 to 9 minutes. Station
4 is approximately 8.2 miles from the proposed annexation with an approximate response
time of 10 to 11 minutes. Station No. 5 is approximately 10 miles from the proposed
annexation with an approximate response time of 12 to 13 minutes. Fire suppression and BLS
First Responder emergency medical response activities can be afforded to the annexed area
within current appropriation with a less than desirable response time. Adding an additional fire
station to cover this area is a challenge without further development for justification. Fire
Prevention activities will be provided by the Fire Marshal's office as needed. Emergency
medical transport is provided by the Lubbock County Hospital District.
POLICE SERVICES
Existing Services: None
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.
BUILDING SAFETYSERVICES
Existing Services: None
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 w 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.
EXHIBIT B
PLANNING AND ZONING SERVICES
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
administratively by the Planning Department or 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 limts, including zoning.
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.
GIS AND DATA SERVICES
Existing Services: None
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.
LIBRARY SERVICES
Existing Services: The Library's materials, services, and programs are currently available to
anyone who lives in Lubbock County.
Services to be Provided: 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.
CODE ADMINISTRATION/ENVIRONMENTAL HEALTH SERVICES
Existing Services: None
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
EXHIBIT B
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.
ANIMAL SERVICES
Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock
County Sheriffs Office.
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.
STREET SERVICES
Existing Services: Lubbock County Public Works currently maintains the county roads
Services to be Provided: In accordance with the Master Thoroughfare Plan, the proposed
annexation area will add approximately 8 centerline miles of thoroughfare roadways to the City's
infrastructure. As development occurs, the City's current policies require the City to design and
build thoroughfares. 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
STORM WATER MANAGEMENT SERVICES
Existing Services: The 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.
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 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 Storumwater permit
EXHIBIT B
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 Stomr Water
Staff.
STREET LIGHTING
Existing Services: None
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.
TRAFFIC ENGINEERING SERVICES
Existing Services: None
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
Tmffic Control Devices (TMUTCD) and as budget permits.
WATER AND SANITARY SEWER SERVICES
Existing Services: Tract I already has water and sewer services with Fire protection.
Services to be Provided'.
a) Water and sewer are not readily available in a majority of areas proposed for annexation.
b) Major main extensions to these areas will need to be considered by City Council for
future capital improvements projects to service these areas. Along IH-27 from FM 2641
to E FM 1294 will need fire protection through a capital improvements project within 2.5
years of annexation. Up to five fire hydrants will be provided between FM 2641 to E FM
1294 along the 1H 27 Frontage road.
c) Tract 2 Water and Sewer is adjacent to the tract. All services will need to be provided
through the developer at the time of platting.
d) Availability of water and sewer prior to or beyond the extension of a capital
improvements project is at the request and expense of the developer, and shall be
provided within current policies and ordinances of the City (see below for explanation of
pro -rate charges.
e) Water and sewer for domestic and commercial use, when installed will be available at
approved City rates.
f) Water for fire protection will be available through lines only after main extensions
through a capital improvements project or development has occurred. Water in fire truck
pumpers or in relay from existing sources will be used for fire suppression until that time
for existing structures.
g) Total CIP Projected costs for area H is $1,500,000 for fire protection.
EXHIBIT B
Pro-Rata Charges
Chapter 22.05 of the Code of Ordinances, 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 constmcted after April 1, 1952, the person desiring service shall pay non-
refundable charge called pro-rata. The pro -rota 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-mta when
other persons tie onto service and pay their pro -rats. Ordinance 22.05 specifies other items
including:
a) pro-rata on property already platted, and extension of services,
b) pro -rota and extensions to property being platted,
c) sizes of lines and meter sizes,
d) location for service connection,
e) deposits, charges, refunds,
t) cost of large mains may be partially paid by City, and other considerations,
g) when the City Council can declare a health hazard and install mains at public
expense.
SOLID WASTE SERVICES
Existing Services: None
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.
MISCELLANEOUS
EXHIBIT B
All other applicable 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.
EXHIBIT C
Areas Exempt from the Annexation Area by Agreement
Chapter 43 Agreement for Annexation No. 2018-00051
Chapter 43 Agreement for Annexation No. 2018-00051
Chapter 43 Agreement for Annexation No. 201E-00050
Chapter 43 Agreement for Annexation No. 2018-00050
Chapter 43 Agreement for Annexation No. 2018-00051
Chapter 43 Agreement for Annexation No. 2018-00051
N
W+E
S
Chapter 43 Agreement for Annexation No. 2018-00051
Located in Section 31, Block A (49.221ac)
tOL"(SLOE
�hTY LIiM9lT�
A-31
R117790
ELK A SEC 31 AB 30 TR 3A ACS:
LEGEND
R117790 (49.22]ac) Exclusion
Section Lines
Q Parcels
= Lubbock City Limits
eet
0 500 1000
is