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HomeMy WebLinkAboutOrdinance - 2022-O0023 - Annexation From Loop 88 For 1,088 Acres At 130Th St And Milwaukee - 02/08/2022First Reading °� t"`�0I'a� f Second Reading WN February 8, 2022 C°un!" � ✓ February 22, 2022=a Item No. 8.4 Item No. 8.4 o ORDINANCE NO. 2022-00023 c AN ORDINANCE: ANNEXING INTO THE CITY OF LUBBOCK, TEXAS OF AN AREA GENERALLY DESCRIBED AS APPROXIMATELY 1,088 ACRES, a gn ADJACENT TO THE SOUTHWESTERN CITY LIMITS OF THE CITY OF LUBBOCK, SOUTH OF 130TH STREET AND WEST OF MILWAUKEE AVENUE, z LUBBOCK COUNTY, TEXAS, WITH SUCH AREA BEING CONTIGUOUS TO THE i EXISTING CITY LIMITS; PROVIDING FOR THE CORRECTION OF THE CITY MAP TO INCLUDE THE AREA ANNEXED THROUGH THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock (the "City Council"), received from the property owners (the "Petitioners") of an area of land generally described as approximately 1,088 acres, adjacent to the southwestern city limits of the City of Lubbock, south of 130th Street and west of Milwaukee Avenue, Lubbock County, Texas contiguous to the city limits (the "Area"), petitions requesting the annexation of the Area into the boundaries of the City of Lubbock; and WHEREAS, in accordance with Sec. 43.0672 of the Texas Local Government Code, the City Council entered into an Annexation Agreement (the "Agreement"), by and between the City of Lubbock and the Petitioners at the City Council's regularly scheduled meeting on January 11, 2022, with a copy of the Agreement being attached to and incorporated herein as "Exhibit A"; and WHEREAS, the City Council 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; 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. 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on February 8, 2022 Passed by the City Council on second reading on February 22, 2022 ATTEST: - Qo&p '( 9-)� Reb cca Garza, City Skralary APPROVED AS TO CONTENT: irector of Planning Q"' DANIEL M. POPA, MAYOR Page 2 of 3 APPROVED AS TO FORM: lli Leisure, Assistant City Attorney Ord. Annexation Loop 88, Lavaflow, Starlight 1.18.22 Page 3 of 3 LAND SURVEYORS CIVIL ENGINEERS To: City of Lubbock Planning Department 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: September 16, I Job # 2021 Project Name: Block AK, Section 11 Preston Annex ❑ Under Separate Cover Via Copies Date Description 1 9/16 Graphic & Metes and bounds Description Orig 9/16 2 Signed Applications and 1 signed petition 1 9/16 Copy of deeds These are transmitted as: ® For Your Use ❑ For Your Records ® For Review & Comments ❑ Return After Loan to Us ® For Approval ❑ For Recording Remarks: Copies to: Thomas Payne Signed: Sean Curran M N 3 w �i cm in i o r 0 O N Z S87°5630E 645.13! 65' WEST--1 Y' oI m i �Iti a� W� �I 660.00' N88022' 12"W BLOCK 20 -L = ;1�� 50 I D 88°17'53'E t ,65.00' 65.00' N88°15'00"W �1143' SO 1 °53'42"W EXHIBIT "A" Sketch Illustrating Proposed Annexation � I SECT/ON /2I BL00K AK S87°56'30'E 344.16' 32' WEST Ca TYROAO _ S8r56'30'E 1909.51' 7500 65.00' Oi I L NO2'03'30"E N N I$— - w V M I� N01049'36E S87°56'30"E o - 330.33'\ 1010.35 z 'S87056'30"E 1320.00'' W M OD 0) 0 OD a' N88009' 14"W z1 ,65.00' AgPrwE rca ArR°, SECMV //. 9tO ", S87°56'30"E 60.00'- CO CD C� M l0 M _ N88°22'12'W 4555.87' c + I I ---�WQGIDROW-----L-1-1-----1-1-�--� ROAD SECT/ON /2Y BLOCK 20 SECT/ON /28 I SCALE: 1 "=1000' p DATE:09-15-2021 z HUGO REED LAND SURVEYORS CIVIL ENGINEERS HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 0061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 EXHIBIT "A" METES AND BOUNDS DESCRIPTION of a 400.92 acre tract located in Sections 10 and 11, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the East line of Section 11 and the West line of Section 10, Block AK, Lubbock County, Texas, which bears S. 01 053'42" W. a distance of 65.00 feet from a 1" iron pipe (N-7231981.4, E- 914407.5 NAD83 Texas North- Central Zone) found as the recognized common corner of Sections 9, 10, 11, and 12, all in said Block AK; 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 65.00 feet to a point for the Northeast corner of this tract; THENCE S. 01 °53'42" W., 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 for the Southeast corner of this tract; THENCE N. 88015'00" W. a distance of 65.00 feet to a point in the West line of said Section 10 and the East line of said Section 11, whence a "MAG" nail with shiner marked "4460" found at the Southwest corner of said Section 10 bears S. 01 °53'42" W. a distance of 65.00 feet; THENCE S. 01053'42" W., along the West line of said Section 10 and the East line of said Section 11, a distance of 11.43 feet to a point, whence a 5/8" iron rod with yellow cap found at the Southeast corner of said Section 11 bears S. 01 053'42" W. a distance of 65.00 feet; THENCE N. 88022'12" W., along a line 65 feet North of and parallel to the South line of said Section 11, at 330.00 feet pass the Eastern boundary of 10.010 acre tract as described under County Clerk File Number 2021041256 of the Official Public Records of Lubbock County, Texas, continuing for a total distance of 660.00 feet to a point in the Western boundary of said 10.010 acre tract; THENCE N. 01 °53'42" E., along the Western boundary of said 10.010 acre tract a distance of 1256.32 feet to a point, from which a found 1/2" iron rod with cap marked "6460" bears S. 88°22'12" E. a distance of 330.00 feet; THENCE N. 88022'12" W. a distance of 4555.87 feet to a point 65.00 feet East of the West line of said Section 11; THENCE N. 01 °49'36" E., along a line 65 feet East of and parallel to the West line of said Section 11, a distance of 1318.18 feet to a point; THENCE N. 88009'14" W. a distance of 65.00 feet to a 1/2" iron rod with cap marked "HUGO REED & ASSOC" found in the West line of said Section 11 and the East line of Section 14, said Block AK; THENCE N. 01 049'36" E., along the West line of said Section 11 and the East line of said Section 14, a distance of 987.98 feet to a point; THENCE S. 87056'30" E. a distance of 1320.00 feet to a 1/2" iron rod with cap marked "6460" found; THENCE N. 01049'36" E. a distance of 330.33 feet to a 1/2" iron rod with cap marked "6460" found; This document was prepared under 22 TAC § 138.95, 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 THENCE S. 87056'30" E. a distance of 1010.35 feet to a point; THENCE N. 01 °49'36" E., a distance of 1255.02 feet to a point 65 feet South of the North line of said Section 11; THENCE S. 87056'30" E., along a line 65 feet South of and parallel to the North line of said Section 11, a distance of 344.16 feet to point; THENCE N. 02003'30" E. a distance of 65.00 feet to a point in the North line of said Section 11 and the South line of said Section 12; THENCE S. 87°56'30" E., along the North line of said Section 11 and the South line of said Section 12, a distance of 1909.51 feet to the Northwest corner of a 20.02 acre tract as described under County Clerk File Number 2021008212 of the Official Public Records of Lubbock County, Texas; THENCE S. 02°03'29" W., along the Western boundary of said 20.02 acre tract, a distance of 1356.00 feet to a point for the Southwest corner of said 20.02 acre tract; THENCE S. 87°56'30" E., along the Southern boundary of said 20.02 acre tract, a distance of 645.13 feet to a point 60 feet West of the East line of said Section 11, said point also being the Southeast corner of said 20.02 acre tract; THENCE N. 01 053'42" E., along the Eastern boundary of said 20.02 acre tract and along a line 60 feet West of and parallel to the East line of said Section 11, a distance of 1291.01 feet to a point 65 feet South of the North line of said Section 11; THENCE S. 87056'30" E., along a line 65 feet South of and parallel to the North line of said Section 11, a distance of 60.00 feet to the Point of Beginning. Contains: 400.92 acres Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0). September 15, 2021 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas This document was prepared under 22 TA §138.95, 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 2 of 2 f.: .;.. City of � I;ubbo& 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. El Annexation petition provided by City of Lubbock with notarized signature(s). El Map of the subject property. 0 A legal description of the property (including a survey, field notes or legal description with subdivision, lot and block) labeled as Exhibit A. O 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. O One digital copy of all of the above. 10 If designating a representative, the affidavit designating representative with notarized signature(s). Property Owner(s): LOOP as LLc Address: PO Box 64664 Address: Lubbock, Texas, 79464 Telephone: 806 543-0667 (_� Telephone: ( ) Acreage of property: Check one: 400.92 Email: tpayn3@gmail.com Email: 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 hereby authorize the person named in the attached affidavit to act as my representative in this application before city staff for responding to same — will be conducted with the representative. City of Lubbock • Planning Department • (806) 775-2108 • 1314 Avenue K Lubbock. rX 79401 Page I of I "�ioty ofck 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. O Annexation petition provided by City of Lubbock with notarized signature(s). 0 Map of the subject property. l7 A legal description of the property (including a survey, field notes or legal description with subdivision, lot and block) labeled as Exhibit A. O 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. ID One digital copy of all of the above. ❑ 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: ( 806 543-0667 Email: tpayn36,c--_v"'gmai1.com Telephone: () Email: Acreage of property: 400.92 Number of lots and proposed use: Vacant, proposed residential Check one: El I will represent my application and petition before city staff and the City Council. [3 `I hereby authorize the person named in the attached affidavit to act as my representative in this application before city staff 40 the City Council. Owner of record sig. tature City of Lubbock • Planning Department • (806) 775-2108 • 1314 Avenue K • Lubbock. TX 79401 Page I of I : City of Lubbock TEXAS PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE GOVERNING BODY OF LUBBOCK, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which fewer than three qualified voters reside, hereby waive any requirement to be offered a development agreement pursuant to the Texas Local Government Code Section 43.016, and petition your Honorable Body to extend the present city limits so as to include as part of the City of Lubbock, Texas, the territory described in the attached Exhibit A, including a survey, field notes or legal description with subdivision, lot and block. We certify that the above described tract of land is contiguous and adjacent to the City of Lubbock, Texas, falls within Lubbock County, and that this petition is signed and duly acknowledged by each and every person having an interest in said land. Signed: THE STATE OF TEXAS COUNTY OF�� BEFORE ME, the undersigned authority, on this day personally appeared 26riwe , 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. 4 ��� Given under my hand and seal of office, this _� ,� _ day of Ayeia-sr, 202 ( . YP�yz ZACHARY RYAN LOPEZ SAWSNotary Public, State of Texas —� O_ Comm. Expires 02-27-2024 !i; , Notary ID 132378684 r_ Notary Public in and for County, Texas. City of Lubbock • Planning Department • (806) 775-2108 1314 Avenue K • Lubbock, TX 79401 Page I of I 2021041256 4 PGS DEED Ann MCORDINC RETURN TO. TRUE TITLE PARTNERS; 5010-122W Street Lubbock, TX 79424 (Me No. 21-680) GENERAL WARRANTY DEED 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 OF RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Date: July 30, 2021 Grantor: DAVID RICHMOND and ROBYN RICHMOND, husband and wife Grantee: LOOP 88, LLC, a Texas Limited Liability Company Grantee's Mailing Address: [include county] P.O. Box 64664 Lubbock, Lubbock County, Texas 79464 Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property (including any improvements): METES AND BOUNDS DESCRIPTION of a 10.010 acre tract of land out of an 80.0 acre tract described under County Clerk File No. 2017044382 of the Official Public Records of Lubbock County, Texas, being that same tract described under County Clerk File No. 2015004020 of the Official Public Records of Lubbock County, Texas, Tract 1 therein, located in the Southeast Quarter of Section 11, Block AK, H. E. & W. T. Railroad Co. Survey, Lubbock County, Texas, and being further described as follows: BEGINNING at a "cross hatch" nail with washer marked "HRA" found in the South line of said Section 11 and the Southern boundary of a 80.0 acre tract, for the Southeast corner of this tract, which bears N 88°22'12" W. a distance of 330.00 feet from a 5/8" iron rod with yellow cap found at the Southeast corner of Section 11, Block AK, H. E. & W. T. Railroad Co. Survey, Lubbock County, Texas; THENCE N 88022'12" W., along the South line of said Section 11 and the Southern boundary of said 80.0 acre tract, a distance of 330.00 feet to "cross hatch" nail with washer marked "HRA" found at the Southeast corner of a 10.0 acre tract described under County Clerk File No. 2015004020 of the Official Public Records of Lubbock County, (ieaana! P a g c l] or3 Texas, Tract II therein and the Southwest corner of this tract, from whence a railroad spike found at the Southwest comer of said Section 11, bears N 88°22'12" W. a distance of 4619.36 feet; THENCE N 01-53142" E., along the Eastern boundary of said 10.0 acre tract, at 40.00 feet pass a found 1/2" iron rod with cap marked "CHT", continuing for a total distance of 1321.32 feet to a 1/2" iron rod with cap marked "CHT" found in the Northern boundary of said 80.0 acre tract, at the Northeast corner of said 10.0 acre tract and the Northwest comer of this tract; THENCE S 88°22'12" E., along the Northern boundary of said 80.0 acre tract, a distance of 330.00 feet to a 1/2" iron rod with cap marked "CHT" found at the Northeast comer of this tract; THENCE S O1053,421, W., at 1281.32 feet pass a found 1/2" iron rod with cap marked "CHT", continuing for a total distance of 1321.32 feet to the POINT OF BEGINNING. Reservations from Conveyance: All oil, gas and other minerals as previously recorded in prior instruments, including but not limited to the following: Mineral reservations as shown in instruments recorded in Volume 338, Page 429, Volume 338, Page 428, Volume 338, Page 376, Volume 345, Page 444, and Volume 345, Page 520, Deed Records of Lubbock County, Texas; and in Clerk's File No. 2017044382, Official Public Records of Lubbock County, Texas. Exceptions to Conveyance and Warranty: Liens, if any, described as part of the Consideration and any other liens described in this Deed as being either assumed or subject to which title is taken; validly existing easements, rights -of -way and prescriptive rights, whether of record or not; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests and water interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate, that affect the Property; validly existing rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts or shortages in area or boundary lines; any encroachments or overlapping of improvements; all rights, obligations and other matters arising from and existing by reason of Lubbock County authority; and taxes for 2021, which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership or both, the payment of which Grantee assumes. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors and assigns forever. Grantor binds Gcnivral N-wn gtLpvd l' a g c 1 Z of 3 Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. This document may be executed in several counterparts, each of which will be considered an original for conveyance pu><poses. DAVIDRICHMOND ROBYN RICHMOND STATE OF TEXAS ) COUNTY OF LUBBOCK ) of Me� o and foregoing instru, 2021, by DAVID a.-1.- n^~, HANNA BOSTICK s ` ,,." ;Notary Public. State of Texas �vl z z Comm. Expires02-042024 c 6Notary ID 13062608-3 Su,erul W yrap;ty 04W Page 13 of`3 FILED AND RECORDED OFFICIAL PUBLIC RECORDS i t ort� Kelly Pinion, County Clerk Lubbock County, TEXAS 08/13/2021 09:54 AM Recording Fee: $34.00 2021041256 2021006764 7 FIGS DEED ■III K F2,1111 HI INIII N 91W 11111 APYER RECORDING RUMRN TO. / PEOPLES RANK JAM: C.7eds Cav S92022nd Sized LubWCL. Tans 79124 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 NUMBER. ASSUMPTION SPECIAL WARRANTY DEED Grantor: BROOKELAND I, 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 11, LLC, a Texas Limited Liability Company - as to an undivided five and filly -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, a Texas Limited Liability Company Grantee's Mailing Address (including county): P.O. Box 64664, Lubbock, Lubbock County, Texas 79464 Consideration: Ten and no/100 Dollars and Grantee's assumption of the Real Estate Lien Notes which are described below (collectively the "Notes" and, singularly a "Note"): 1. 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 byNEVERFALL, 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 ofthe covenants and obligations of the Grantor under said Deed of Trust. 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 I, 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 CountyClerk 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. 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 1I, LLC, aTexas Limited Liability Company in the original principal amount of$3 80,83 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 a found 1" iron pipe having Texas North Central Zone Coordinates (NAD 83, 2011, Epoch 2010.0000) ofNorth 7231981.42, 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 880175311 E (Texas North Central Bearing Basis), with the South line 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 line 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 feet to a set mag spike and washer marked ABACUS ENG. RPI S 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° 5310511 E. 5279.59 feet; ASSUINIPTION SPECIAL WARRANTY DEED PAGE 0KG 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 Iine of an alley from which a found W" 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 2110.29 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 CIerk 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 OKG DATED the 29th day of January, 2021. GRANTOR: BROOKELAND I, LLC, a Texas ]°united Liability Company By: K. PayptiE.; Manager LLC. i Liability Company Thornyi K. gwjyfe, Manager ROCKET -PARTNERS I, LLC, a Texas Limited Liability Company By: Tho as K yne, Manager ROCK = PARTNERS II, LLC, a Texas Limited Liability Company By: — 7� Thom ayne, Manager BY S G BELOW, 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 OF THE DEED OF TRUST. GRANTEE: ST GHT DEVELOPMENT, LLC, a Tex6s Aimited Liability Company By: Manager SPECIAL WARRANTY DEED PAGE 4 OKG THE STATE OF TEXAS COUNTY OF LUBBOCK : This instrument was acknowledged before me on the day ofTWIMMAO, 2021, by Thomas K. Payne, Manager of BROOKELAND I, LLC, a Texas Limited Liability dompany, on behalf of said company. P1 a] Here- s : BRI WDY TRAnoR y= My Notary ID # 132285043 s • ••'`' E tres December 17,2023 THE STATE OF TEXAS COUNTY OF LUBBOCK II ., 1. M � � .:���. This instrument was acknowledged before me on the _L day of 2021, by Thomas K. Payne, Manager of NEVERFALL, LLC, a Texas Limited Liability Comparly, on behalf of said company. Place Seal Here: �' `• BRANDYTRAYLOR '•.•= My Notary ID # 132285043 :X �2 has Dow 17, 2023 THE STATE OF TEXAS COUNTY OF LUBBOCK : !/1 I f' i�ot_ary lu*bli; S,;,,th-�_ffexas This instrument was acknowledged before me on the 1 day of 2021, by Thomas K.?ayne, Manager of ROCKET PARTNERS I, LLC, a •Texas Limited Li WI Company, on behalf of said company. Place Seal Here: E BRIWDYWYLOR My Noiary ID # 1327.8 M Tres December 17,2023 ASSUMIFrION SPECIAL WARRANTY DEED *wQ& 2Qa I ) Notary PUP lie, State f Texas PAGE 5 0KG 01.11Vft"OlA��l COUNTY OF LUBBOCK : This instrument was acknowledged before me on the I day of 2021, by Thomas K. Payne, Manager ofROCKET PARTNERS 11, LLC, a Texas Limited Liabili Company, on behalf of said company. Place Seal Here: ERANDYTMYLOR -A * Notary tD # 1322NW Expires Decem bei 17 2023 THE STATE OF TEXAS. COUNTY OF LUBBOCK : INNER!flllli.0 vIZ,.,1 i This instrument was acknowledged before me on the I day of 2021, by Thomas K. Payne, Manager of STARLIGHT DEVELOPMENT, LLC, a Texas LimAd Liability Company, on behalf of,.said company. Place Seal Here: Notary Public, Sta a of Texas eBRANDYTRAYLOR My NotaryiD # 1322&%43 ASSUMPTION SPECW. WARRANTY DEM PAGE 6 OKG FILED AND RECORDED OFFICIAL PUBLIC RECORDS XQl1Y Pinion Countyy Clark Lubb,;*k CountyTEXAS 02/ .12021 O42 AM 2 11 , FEE: 40.09 021 06764 1b1% \Q/KG � i.•'...: •..:...: •_..:._:.:..% �... .+•.. aL". ti...'. .s.•.+tr/.CVu.._ :if+\>.::.... ... .:t...+:iLef 'iiyr .:..�: .w./..�..r..�. ..'."..'..'.. •._..:.: .. :....i'.....• /w MCI..- - oLy.•. am )rlglnal as executed by the above parties. WEST.ERR TITIA COMPANY GF#85980 Return to: Western Title Company NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAYREMOVE 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 NUMBER. - - - STATE OF TEXAS COUNTY OF LUBBOCK SPECIAL WARRANTY DEED WITH VENDOR'S LIEN Date: September 10, 2021 Grantor: SCARLET MATADOR FUND, LLC, a Texas limited liability company Grantee: LOOP 88, LLC, a Texas limited liability company Grantee's Mailing Address: P.O. Box 64664 Lubbock, Lubbock County, Texas 79464 Consideration: TEN AND N0/100 DOLLARS ($10.00) and a note of even dato executed by Grantee and payable to the order of PLAINSCAPITAL BANK ("Lender') in the principal amount of TWO MILLION FIVE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2,515,500.00). The note is secured by a first and superior vendor's lien and superior title retained in this deed in favor of Lender and by a first -lien deed of trust of even date from Grantee to DARRELL G. ADAMS, Trustee. Property (including any improvements): METES AND BOUNDS DESCRIPTION of a 3 86.86 acre tract of land located in Section 11, Block AK, Lubbock County, Texas, being a portion of a 396.97 acre tract of land described under County Clerk File Number (CCFN) 2020037595 of the Official Public Records of Lubbock County, Texas (OPRLC'I), and aportion ofan 80.08 acre tract described under CCFN 2017044382, OPRLCT, said 386.86 acre tract being further described as follows: BEGINNING at a I" iron pipe found at the Northeast comer of said Section 11, for the Northeast corner of this tract; THENCE S. 01 °53'42" W., along the East line ofsaid Section 11, at 3917.26 feet pass the Northeast comer of said 80.08 acre tract, continuing along the East line of said Section 11 and the Eastern boundary of said 80.08 acre tract, for a total distance of 5238.58 feet to a 5/8" iron rod with yellow cap found atthe Southeast comer ofsaid Section 11, the Southeastcomer of said 80.08-acre tract, and the Southeast comer ofthis tract; THENCE N. 88'22'12" W., alongthe South line ofsaid Section 11, andthe Southern boundary ofsaid 80.08 acre tract, a distance of 330.00 feet to a nail with "X" found; Spalal Warranty Deed with Vendor's Lieu Scarlet Matador Fund, LLC - Loop A LLC Page 1 of 3 THENCE N. 01 °5342" E. a distance of 1321.32 feet to it YY" iron rod with cap marked "6460" found in the Southern boundary of said 396.87 acre tract, and an'ell' corner of this tract; THENCE N. 88°22'12" W., along the Southern boundary of said 396.87 acre tract, a distance of 4950.87 feet to a ' MAO" nail with shiner set in the West line of said Section 11, for the Southwest corner of this tract; THENCE N. 01°4936" E., along the West line of said Section 11, a distance of 2306AI feet, to W, iron rod with cap marked "HUGO REED & ASSOC." set for the Southwest corner of a 10.01 acre tract of land described under CCFN 2019031708, OPRLCT, for the most Westerly Northwest comer of this tract; THENCE S. 87°5610" E., along the Southern boundary of said 10.01 acre tract, a distance of 1320.00 feet to a K" iron rod with cap marked "6460" found at the Southeast comer of said 10.01 acre tract; THENCE N. 01°4936" E., along the Eastern boundary of said 10.01 acre tract, a distance of 330.33 feet to a %" iron rod with cap marked "6460" found in the Southern boundary of a 60.01 acre tract, described under 2018022614, OPRLCT, for the Northeast comer of said 10.01 acre tract; THENCE S. 87°5630" E., along the Southemboundaryof said 60.01 acretract, a distance of 1010.35 feet to a %" iron rod with cap marked "6460" found at the Southeast corner of said 60.01 acre tract; THENCE N. 01 °4916" E., along the Eastern boundary of said 60.01 acre tract, a distance of 1320.01 feet to a concrete monument with aluminum cap marked "O]D 4460" found in the North line of said Section 11 for the most Northerly Northwest comer of this tract, which bears S. 8705630" E. a distance of 2330.35 feet from a 518" iron rod with cap (Hugo Reed) found at the Northwest comer of said Section 11; - THENCE S. 870S630" E., along the North he of said Section 11, a distance of 2253.93 feet to a YV iron rod with cap marked "HUGO REED & ASSOC." set for the Northwest corner of a 20.02 acre tract of land described under CCFN 2021008212, OPRLCT; THENCE S. 0200379" W., along the Western boundary of said 20.02 acre tract, adistance of 1356.00 feet to a %" iron rod with cap marked "6460" found at the Southwest corner of said 20.02 acre tract; THENCE S. 87*56130" E., along the Southern boundary of said 20.02 acre tract, a distance of 645.13 feet to a %" iron rod with cap marked "6460" found at the Southeast corner of said 20.02 acre tract; THENCE N. 01 °5342" E., along the Eastern boundary of said 20.02 acre tract, a distance of 1356.01 feetto a %' iron rod with cap marked "HUGO REED & ASSOC." set in the North line of said Section 11, for the Northeast comer of said 20.02 acre tract; THENCE S. 87"5630" E., along the North line ofsaid Section 11, a distance of 60.00 feet to the Point of Beginning. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Attached hereto as Exhibit "A" and incorporated herein by reference. Grantor, for the Consideration and subject to the Reservations from Conveyance -and the .Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs,.successors, and Special Warranty Deed with Vendor's Lien Scarlet Matador Fund, LLC - Loop 88, LLC Page R of 3 assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every personwhomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. Lender, at Grantee's request has paid in cash to Grantor that portion of the purchase price of the Property that is evidenced by the note. The first and superior vendor's lienagainst and superior title to the Property are retained for the benefit of Lender and are transferred to Lender without recourse against Grantor. The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute. When the context requires, singular nouns and pronouns include the plural. SCARLET MATADOR FUND, LLC, a Texas limited liability company By.------_ BRENT PRESTON, Manager STATE OF TEXAS COUNTY OF LUBBOCK Acknowledged before me, the undersigned notary on thiJ_0 _day of September, 2021, by BRENT PRESTON, Manager of SCARLET MATADOR FUND, LLC, a Texas limited liability company, in the capacity therein stated. CHRISTIAN L. HINKLE My Notary ID # 130440708 ovt+;' Expires November 13, 2023 Special Warranty Deed with Vendor's Uen Scarlet Matador Fund, LLC - Loop 88, LLC Page 3 of 3 I Exhibit "A" Exceptions to Conveyance and Warranty Restrictivecovenantssetoutin inslrumentrecordedin Volume2724, Page 334, Official RealPropertyRecords, Lubbock County, Texas; in instrument recorded August 1 S, 2019 under County Clerk File No. 2019031706, Official Public Records, Lubbock County, Texas, and in instrument recorded February 1, 2019 under County Clerk File Not 2019003760, Official Public Records, Lubbock County, Texas. Right -of -Way Easement dated March 2,1966, executed by Max Myatt and wife, Betty Myattto Lubbock County, Texas recorded in Volume 1075, Page 681, Deed Records, Lubbock County, Texas. Right -of -Way Easement dated November 2, 1970, executed by Max V. Myatt and wife, Betty Myatt to the County of Lubbock, Texas recorded in Volume 1249, Page 308, Deed Records, Lubbock County, Texas. Right -of -Way Easement dated September 21, 1971, executed by M. V. Myatt to South Plains Electric Cooperative recorded in Volume 1287, Page 67, Deed Records, Lubbock County, Texas. Easement executed by Max U. Myatt as referred to in Affidavit of Right of Way Easements dated December 5, 1980, executed by South Plains Telephone Cooperative, Inc. recorded in Volume 1717, Page 892, Deed Records, Lubbock County, Texas. Easement dated June 22,1984, recorded in Volume 1925, Page 20, Deed Records, Lubbock County, Texas, executed by MAX V. MYATT to ADOBE GAS CO. and assigned to POWER TEX JOINT VENTURE in Volume 2326, Page 31, Official Real Property Records, Lubbock County, Texas and assigned to MARKWEST PINNACLE L.P., a Texas limited partnership in Volume 8643, Page 4, Official Public Records, Lubbock County, -Texas. Utility Easement executed by PMLNIC Properties, LTD., a Texas limited partnership to South Plains Electric Cooperative, Inc. recorded July 27, 2016 under County Clerk File No. 2016026799, Official Public Records, Lubbock County, Texas. Drainage Easement dated June 15, 2018, executed by LW, INC., a Texas corporation to David B. Postar filed June 19, 2018 under County Clerk File No. 2018022616, Official Public Records, Lubbock County, Texas. Pipeline Easement Agreement dated November 8, 2018 and recorded November 8, 2018 under County Clerk File No. 2018042743, Official Public Records, Lubbock County, Texas, executed by SCARLET MATADOR FUND, LLC to WEST TEXAS GAS, INC. Pipeline Easement Agreement dated January 29, 2019 and recorded February 1, 2019 under County Clerk File No. 2019003734, Official Public Records, Lubbock County, Texas, executed by MATTMURRAY to WEST TEXAS GAS, INC. Rights incidenttothe ownership and lessees ofthe minerals reserved in Volume 338, Page 376, Deed Records, Lubbock County, Texas. Rights incidentto the ownership and lessees ofthe minerals reserved in Volume 338, Page 428, DeedRecords, Lubbock County, Texas. Rights incident to the ownership and lessees ofthe minerals reserved in Volume 338, Page 429, Deed Records, Lubbock County, Texas. Rights incident to the ownership and lessees ofthe minerals reserved in Volume 345, Page 444, Deed Records, Lubbock County, Texas. Rights incident to the ownership and lessees ofthe minerals reserved in Volume 345, Page 520, Deed Records, Lubbock County, Texas. Rights incident to the ownership and lessees of the minerals reserved in Instrument recorded November 13, 2017 under County Clerk File No. 2017040637, Official Public Records, Lubbock County, Texas. Undivided interest in and to all oil, gas and other minerals in, on, under or that may be produced from the herein described property, together with all rights relating thereto, express or implied, conveyed by J.C. Williamson to Helen McCrummen, Edna Ruth McCrummen and Betty Carolyn McCrummen underDeed dated April 24, 1947, and recorded in Volume 341, Page 507, Deed Records, Lubbock County, Texas. Undivided interest in and to all oil, gas and other minerals in, on, under or that may be produced from the herein described property, together with all rights relating thereto, express or implied, conveyed by J.C. Williamson to United States Smelting Refining and Mining Company under Deed dated October 22,1948, and recorded in Volume 3 83, Page 273, Deed Records, Lubbock County, Texas. Undivided ROYALTY interest in and to all oil, gas and other minerals in, on, under or that may be produced from the herein described property, together with all rights relating thereto, express or implied, conveyed by Max Myatt to Steve Myattunder Deed dated April5,1980, andrecorded in Volume 1685, Page 634, Deed Records, Lubbock County, Texas. Undivided ROYALTY interest in and to all oil, gas and other minerals in, on, under or that may be produced from the herein described property, together with all rights relating thereto, express or implied, conveyedby Max Myatt to John Michael Myatt under Deed dated April 5, 1980, and recorded in Volume 1685, Page 636, Deed Records, Lubbock County, Texas. Oil, Gas and Mineral Lease dated July 26,1978, between Max V. Wyatt and wife, BettyDennison Wyatt, as Lessor and Marshall R. Young OilCo., as lessee, recorded in Volume 44, Page 103, Oil, Gas and Mineral Lease Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated March 12, 2012, between Philaic Properties, Ltd., as Lessor and Dale Resources, L.L.C., as Lessee, as referred to in Memorandum of Oil and Gas Lease recorded March 19, 2012 under County Clerk File No. 20120009673, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 11, 2012, between Russell Dean Wilson, herein dealing in his sole and separate property, as heir of the Estate of Betty McCrummen Keller, deceased, as heir of the Estate of Edwin L. McCrummen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed May 24, 2012 under County Clerk File No. 2012019999, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 11, 2012, between Lillian Louise McCrummen, a widow, herein dealing in her sole and separate property, as heir of the Estate of Fred McCrummen, deceased, heir of the Estate of Edwin L. McCrummen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed May 24, 2012 under County Clerk File No. 2012020000, Official Public Records, Lubbock County, Texas, -together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 10, 2012, between Ruth McCrummen Richardson, herein dealing in her sole and separate property, as heir of the Estate of Edwin L. McCrummen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed May 24, 2012 under County Clerk File No. 2012020001, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 10, 2012, between Helen McCrummen Gulack, herein dealing in her sole and separate property, as heir of the Estate of Edwin L. McCrummen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed May 24, 2012 under County Clerk File No. 2012020002, OfficUTPublicRecords, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 11, 2012, between Carla Jo Wynne, herein dealing in her sole and separate property, as heir of the Estate of Betty McCrummen Keller, deceased, as heir of the Estate of Edwin L. McCrummen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed May 24, 2012 under County Cleric File No. 2012020003, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 14, 2012, between Carol Sue Wilson, herein dealing in her sole and separate property, as heir of the Estate of Betty McCrummen Keller, deceased, as heir of the Estate of Edwin L. MCCrununen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed May 24, 2012 under County Clerk File No: 2012020004, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 11, 2012, between Evelyn Darlene McCrununen, a widow, herein dealing in her sole and separate properly, as heir of the Estate of John McCrummen, deceased, heir of the Estate of Edwin L. McCrummen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed May Z4, 2012 under County Clerk File No. 2012020005, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 7, 2012, between Marian McCrummen, widow of Thomas McCrummen, Jr., as Lessor and Dale Resources, L.L.C., as Lessee, filed June 11, 2012 under County Clerk File No. 2012022439, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 23, 2012, between Alene McCrummen George, herein dealing in her sole and separate property, as heir of the Estate of Richard McCrummen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed June 11, 2012 under County C1erkFile No. 2012022441, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 24, 2012, between Kenneth Lynn McCrummen, herein dealing in her sole and separate property, as heir of the Estate of Richard McCrummen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed June 11, 2012 under County Clerk File No. 2012022442, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 24, 2012, between Richie McCrummen Stewart, herein dealing in her sole and separate property, as heir of the Estate of Richard McCrurnmen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed June 11, 2012 under County Clerk File No. 2012022443, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 23, 2012, between Doris McCrummen, herein dealing in her sole and separate property, as heir of the Estate of Frank W. McCrummen, deceased, as heir of the Estate of Richard McCrummen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed June 11, 2012 under County Clerk File No. 2012022444, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 23, 2012, between The Brownell Trust,1996, successor in interest to the Estate of Edwin L. McCrummen, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed June 11, 2012 under County Cleric File No. 2012022446, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated June 7, 2012, between Mary Louise McElroy, herein dealing in her sole and separate property, as heir ofthe Estate of William Frank McElroy, Jr., deceased, as heir oftheEstate of JanieMcElroy, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed June 21, 2012 under CountyClerk File No. 2012024338, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and -Mineral Lease dated June 5, 2012, between Melinda Ann McElroy Fuller, herein dealing in her sole and separate property, as heir ofthe Estate of Richard Allen McElroy, deceased, as heir of the Estate of Janie McElroy, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed June 21, 2012 under County Clerk File No. 2012024389, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated June 12, 2012, between Susan Lee McElroy McCabe, herein dealing in her sole and separate property, as heir of the Estate of Richard Allen McElroy, deceased, as heir of the Estate of Janie McElroy, deceased, as Lessor and Dale Resources, L.L.C., as Lessee, filed June 21, 2012 under County Clerk File No. 2012024391, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Oil, Gas and Mineral Lease dated May 12, 2012, between Margaret McCnnnmen Vann, herein dealing in her sole and separate property, as heir of the Estate of Frank W. MCCrummen, deceased, as heir of the Estate of Richard McCtummen, deceased, as Lessor and DaleResources, L.L.C., as Lessee, filed October 4, 2012 under County Clerk File No. 2012040123, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Undivided interest in and to all oil, gas and other minerals in, on, under or that may be produced from the herein described property, together with all rights relating thereto, express or implied, conveyed by LILG, INC. to BRENT PRESTON, LOUIS GARNER and LANCE INDERMAN under Deed dated November 8, 2018, and filed November 9, 2018 under County Clerk File No. 2018042801, Official Public Records, Lubbock County, Texas. Easement dated June 22, 1984, recorded in Volume 1925, Page 20, Deed Records, Lubbock County, Texas, executed by MAX V. MYATT to ADOBE GAS CO. and assigned to POWER TEX JOINT VENTURE in Volume 2326, Page 31, Official Real Property Records, Lubbock County, Texas and assigned to MARKWEST PINNACLE L.P., a Texas limited partnership in Volume 8643, Page 4, Official Public Records, Lubbock County, Texas. Pipeline Easement Agreement dated November 8, 2018 and recorded November 8, 2018 under County Clerk File No. 2018042743, Official Public Records, Lubbock County, Texas, executed by SCARLET MATADOR FUND, LLC to WEST TEXAS GAS, INC. Pipeline Easement Agreement dated January 29, 2019 and recorded February 1, 2019 under County Clerk File No. 2019003734, Official Public Records, Lubbock County, Texas, executed by MATTMURRAY to WEST TEXAS GAS, INC. Rights of tenants in possession under any unrecorded leases. Visible and apparent easements on or across the Property. All leases, grants, exceptions or reservations of coal, lignite, oil, gas, or other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed herein or not. I lr�% -& IL LAND SURVEYORS CIVIL ENGINEERS To: City of Lubbock Planning Department 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: September 16, I Job # 2021 Project Name: Block AK, Section 12 Thompson Annex ❑ Under Separate Cover Via Copies Date Description 1 9/16 Graphic & Metes and bounds description Orig 9/16 1 Signed Application and 1 signed petition 1 9/16 Copy of deed These are transmitted as: ® For Your Use ® For Your Records ® For Review & Comments ❑ Return After Loan to Us ® For Approval ❑ For Recording Remarks: Copies to: Thomas Payne Signed: Sean Curran EXHIBIT "B" Sketch Illustrating Proposed Annexation W f� 0 1 ItI OIZ I I 32' WEST --I I COUNTYROAD 7500 SECT/ON /I BLOCK AK SCALE: 1 "=750' p DATE:12-23-2021 z b� V� 10' WEST OF FUTURE RIGHT OF WAY SOVTNLAE � SECTAY/ /L BLO'X AK N87056130"W 2545.78' HUGO �REEO 65' WEST S rlcAST COP/CR CY SECTpY /L &OCX AR QZ � D CIZ \� CI \CT-FC Vrn ZI OD ZI 10" 10 ZZ I-F-E-QCC II - C O °��LQ� OQ-L �D1 I �`C1ZLQ / \ 80LWA YLK A6REEACw OATEO WIISIIY51 RECOVi-0 N W 566. Ry 62/ mm HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-86421 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "B" METES AND BOUNDS DESCRIPTION of a 156.56 acre tract located in Sections 9 and 12, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 12, Block AK, Lubbock County, Texas, which bears N. 87°56'30" W. a distance of 65.00 feet from a 1" iron pipe found as the recognized common corner of Sections 9, 10, 11, and 12, all in said Block AK (N- 7231981.43, E- 914407.52, NAD83 Texas North-Central Zone); THENCE N. 87°56'30" W., along the South line of said Section 12 and the North line of Section 11, said Block AK, a distance of 2545.78 feet to a point, from which the Southwest corner of the Southeast Quarter of said Section 12 bears N. 87°56'30" W. a distance of 32.00 feet; THENCE N. 01 °49'37" E., along a line 32 feet East of and parallel to the West line of the Southeast Quarter of said Section 12, a distance of 2636.19 feet to a point in the North line of the Southeast Quarter of said Section 12; THENCE S. 88°05'59" E., along the North line of the Southeast Quarter of said Section 12, at 2609.06 feet pass the East line of said Section 12, continuing for a total distance of 2618.24 feet to a point in the Western boundary of Tract "A", Windsor Park, according to the map, plat and/or dedication deed thereof recorded in Volume 8203, Page 258, Official Public Records of Lubbock County, Texas, and as set forth in that boundary line agreement recorded in Volume 566, Page 621, Deed Records of Lubbock County, Texas; THENCE S. 01°35'18" W., along the Western boundary of said Tract "A" and said boundary line agreement, a distance of 1199.45 feet to a point of intersection; THENCE Southwesterly, along a curve to the left, said curve having a radius of 1065.00 feet, a central angle of 22°07'25", a chord distance of 408.68 feet and a chord bearing of S. 12°51'07" W. to a point of tangency; THENCE S. 01°47'24" W., along a line 65 feet West of and parallel to the East line of said Section 12, a distance of 1042.54 feet to the Point of Beginning. Contains: 156.56 acres Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0) August 24, 2021 Revised December 23, 2021 to change exhibit number Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas This document was prepared under 22 TAC §138.95, 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. City of Lubbock TEXAS VOLUNTARY ANNEXATION APPLICATION APPLICATION IS NOT VALID WITHOUT COMPLETION OF ALL PAGES AND SIGNATURES MINIMUM SUBMITTAL REQUIREMENTS: 0 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). El Map of the subject property. O A legal description of the property (including a survey, held notes or legal description with subdivision, lot and block) labeled as Exhibit A. O 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. 0 One digital copy of all of the above. ❑ If designating a representative, the affidavit designating representative with notarized signature(s). Property Owner(s): LOOP 88 LLc Address: PO BOX 64664 Address: Lubbock, TX 79464 sob 543-0667 tpa n3@mail.com Telephone: �) Email: y g Telephone: (_) Email: Acreage of property: 156.56 Number of lots and proposed use: Vacant, proposed residential Check one: El I will represent my application and petition before city staff and the City Council. ❑ I hereby authorize the person named in the attached affidavit to act as my representative in this application before city staff and the City -Council. Owner of record si representative is the official contact person for this project and the single point of contact All correspondence and communication and responsibility for responding to same will be conducted with the representative City of Lubbock • Planning Department • (806) 775-2108 • 1314 Avenue K • Lubbock. TX 79401 Page I of I Lubbock tt11AS 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 a concurrently submitted petition, and falls within Lubbock County, and that this petition is signed and duly acknowledged by each and every person having an interest in said land. Signed: Signed: Signed: THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared '-7 , 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 _I(el" day of Auc uvr , 202,1 . ..Osit * ZACHARY RYAN LOPEZ �Azo!..t� L $ Notary Public, State of Texas :;1."� Comm. Expires 02-27.2024 r Notary ID 132378884 Notary Public in and for t~ County, Texas. City of Lubbock • Planning Department (806) 775-2108 1314 Avenue K Lubbock. TX 79401 Page I of I 2021047237 4 PGSDEED ~y� mill rA WINA VIOA wAINJ,MP 1*1®i ii.1 GF1i85663 Return to: Western Title Company NOTICE OF CONFIDENTIALITY RIGHTS: IFYOU ARE ANATURALPERSON,YOU MAYREMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST INREAL PROPERTY BEFORE IT IS FILED FORRECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS COUNTY OF LUBBOCK SPECIAL WARRANTY DEED WITH VENDOR'S LIEN Date: September 9, 2021 Grantor: M. N. THOMPSON HEIRS, LLC, a Texas limited liability company Grantee: LOOP 88, LLC, a Texas limited liability company Grantee's Mailing Address: P.O. Box 64664 Lubbock, Lubbock County, Texas 79464 Consideration: TEN AND NOl100 DOLLARS ($10.00) and a note of even date executed by Grantee and payable to the order of PLAINSCAPITAL BANK ("Lender") in the principal amount of ONE MILLION SEVEN HUNDRED SUCTY BIGHT THOUSAND AND NO1100 DOLLARS ($1,768,000.00). The note is secured by a fast and superior vendor's lien and superior title retamed in this deed in hivor of Lender and by a first lien deed of trust of even date from Grantee to DARRELL G. ADAMS, Trustee. Property (including any improvements): METES AND BOUNDS DESCRIPTION of a 160.94 acre tract of land located in Sections 9 and 12, Block AK, Lubbock County, Texas, being a portion of a tract of land described under County Clerk File Number (CCFN) 2011043759 of the Official Public Records of Lubbock County, Texas (OPRLCT), said 160.94 acre tract being further described as follows: BEGINNING at a "MAG" nail with shiner set in the South line of Section 9, Block AK, Lubbock County, Texas, at the Southwest comer ofthe plat limits of Lots 137-186, Windsor Park, a Subdivision Located in Section 9, Block AK, LubbockCounty, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 9268, Page 150, OPRLCT, for the Southeast comer of this tract, which bears S. 87°5630" E. a distance of 18.50 feet from a 1" iron pipe found at the common comer of Sections 9,10,11, and 12, said Block AK; THENCE N. 8r5630" W., alongthe South line of said Section 9, at 18.50 feet, pass said 1" iron pipe found at the Southwest comer of Section 9 and the Southeast corner of said Section 12, continuing along the South lime of said Section 12, a total distance of 2661.28 feet to a'/s" iron rod with cap marked "HUGO REED & ASSOC." set for the Southwest comer of this tract, said point being the Southwest comer of the Southeast Quarter of said Section 12; Special Warranty Deed with Vendor's Ma NL N. Thompson Heirs, LLC - Loop 88, LLC Page 1 of 3 THENCE N. 01 "4937" B. a distance of 2636.10 feet to a'%" iron rod with cap marked "HUGO REED & ASSOC." set for the Northwest corner of the Southeast Quarter of said Section 12 and the Northwest corner of this tract; THENCE S. 88°05'59" E., alongthe North line ofthe Southeast Quarter of said Section 12, at 2641.05 feet pass the East line of said Section 12, continuing for a total distance of 2650.24 feet to a %" iron rod with cap marked "HUGO REED & ASSOC." set in the Western boundary ofthe plat limits of Lots 64-136 and Tract "A", Windsor Park, according to the map, plat and/or dedication deed thereof recorded in Volume 8203, Page 258, OPRLCT, and as set forth in a boundary line agreement as recorded in Vo lume 566, Page 621, Deed Records of Lubbock County, Texas, for the Northeast comer of this tract; THENCE S. 01135'18" W., along the Western boundary of said plat limits of Lots 64-136 & Tract "A", said plat limits ofLots 137-186 and said boundary line agreement; a distance of2643AS feet to the Point of Beginning. Contains: 7,010,542 square feet Reservations from Conveyance: For Grantor and Grantor's heirs, successors, and assigns forever, a reservation of all of Grantor's interest in and to all oil, gas, and other minerals in and under andthat maybe produced from the Property. Ifthe mineral estate is subject to existing production or an existing lease, this reservation includes the production, the lease, and all benefits from it. Grantor waives the right of ingress and egress to and from the surface ofthe Property relating to the portion of the mineral estate owned by Grantor. Nothing herein, however, restricts or prohibits the pooling or unitization ofthe portion of the mineral estate owned by Grantor with land other than the Property; or the exploration or production ofthe oil, gas, and other minerals by means of wells that are drilled or mines that open on land other than the Property but enter or bottom under the Property, provided that these operations in no manner interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Property. Exceptions to Conveyance and Warranty: Undivided interest in and to oil, gas and other minerals in, on, under or that may be produced from the herein described property, together with all rights relating thereto, express or implied, conveyed by W. E. Flenniken and wife Lizzie W. Flenniken to J. L. Quicksall under Deed dated March 19,1937, and recorded in Volume 206, Page 146, Deed Records, Lubbock County, Texas. Rights incident to the ownership and lessees of of the minerals reserved in Volume 221, Page 296, Deed Records, Lubbock County, Texas. Boundary Line Agreement recorded in Volume 566, Page 621, Deed Records, Lubbock County, Texas, executed by and between M. N. Thompson; I. G. WEEMS and O.O. MABRY. Right of Way Easement for electric line dated October 17, 1963, recorded in Volume-973 Page 49, Deed Records of Lubbock County, Texas, executed by M. N. Thompson, Sr. and wife Lela Mae Thompson to South Plains Electric Cooperative. Special Warranty Deed with Vendor's Lien M. N. Thompson Heirs, LLC - Loop 88, LLC Page 2 of 3 Oil, Gas and Mineral Lease referenced in Memorandum dated March 16, 2012, between M. N. Thompson Heirs, LLC, as Lessor and Dale Resources, LLC, as Lessee, recorded April 2, 2012 under County Clerk File No. 2012011831, Official Public Records, Lubbock County, Texas, together with all rights incident thereto. Undivided interest in andto all oil, gas andotherminerals in, on, underorthatmaybe produced fromthe herein described property, together with all rights relating thereto, express or implied, conveyed by to under Deed dated, and recorded in Volume, Page, Records, Lubbock County, Texas. Rights of tenants in possession under any unrecorded leases. Visible and apparent easements on or across the Property. All leases, grants, exceptions or reservations of coal, lignite, oil, gas, or other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed herein or not. Grantor, for the Consideration and subject to the.Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. Lender, at Grantee's request, has paid in cash to Grantor that portion of the purchase price of the Property that is evidenced by the note. The fast and superior vendor's lien against and superior title to the Property are retained for the benefit of Lender and are transferred to Lender without recourse against Grantor. The vendor's lien against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute. When the context requires, singular nouns and pronouns include the plural. M. N. THOMPSON HEIIK LLC, a Texas limited liability company By4�c,I,� ' R NNIE S aging Member STATE OF § COUNTY O Acknowledged before me, the undersigned notary on this / day of September, 2021, by RONNIE SHAFFNER, Managing Member ofM. N. THOMPSON HEIRS, LLC, a Texas limited liability company, inthe capacity therein stated. 4NotaryPti Special Warranty Deed with Vendor's Lien ? r: hL N. Thompson Heirs, LLC - Loop 88, LLC r {' � i i ; r ¢. Page 3 of 3 lij FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly P1n1on County Clerk Lubbock County TEXAS 09/13/2021 02:48 PM FEE: $34.00 2021047237 .24 41 45 js C4 z co 0 FJ e. co tj CJ ci ID Z.11 ILI T7, j Z�m AL -IL LAND SURVEYORS CIVIL ENGINEERS To: City of Lubbock Planning Department 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: September 16, I Job # 2021 Project Name: Block AK, Sections 13 & 14 Lavaflow Annex ❑ Under Separate Cover Via Copies Date Description 1 9/16 Sketch & Metes and bounds Description of AK 13 & 14, individual) Orig 9/16 1 Signed Application and 1 signed petition 1 9/16 Copy of deeds These are transmitted as: ® For Your Use ® For Your Records ® For Review & Comments ❑ Return After Loan to Us ® For Approval ❑ For Recording Remarks: Copies to: Thomas Payne Signed: Sean Curran EXHIBIT "C' Sketch Illustrating Proposed Annexation v;" N01051'38°E 65.00' COUNTY ROAD S88008'22°E 1324.05 7500 i N U) N w CD L0 O 0 z 65 EAST QO h I SEM M/ /3, BLOCK AK S88008'22°E 3823.0; NCRTHL1AC OF SECT/ON 14. BLOCK AK SOUTH L/NE OF THE N04TH HALF OF SECT/ON 14, BLOCK AK N88°09'23°W 5213.88 llllllllll IIIIIIIIIII ,illlll SCALE: 1 "=1000' p DATE:12-23-2021 z HUGO �REEO ' WEST fn O —J U) 0 o S88010'24°E r 65.00' 3 OCO � M O (N 0 ME HUGO REED AND ASSOCIATES, INC. 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-5642 1 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "C" METES AND BOUNDS DESCRIPTION of a 311.39 acre tract located in Section 14, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the North line of Section 14, Block AK, Lubbock County, Texas, for the Northeast corner of this tract, which bears N. 88"08'22" W. a distance of 65.00 feet from a 5/8" iron rod with yellow cap (N- 7232171.2, E- 909126.6, NAD83 Texas North-Central Zone) found as the recognized common corner of Sections 11,12, 13, and 14, all in said Block AK; THENCE S. 01 049'36" W., along a line 65 feet West of and parallel to the East line of said Section 14, a distance of 1650.39 feet to a point; THENCE S. 88010'24" E. a distance of 65.00 feet to a point in the East line of said Section 14; THENCE S. 01 049'36" W., along the East line of said Section 14, a distance of 987.98 feet to a point for the Southeast corner of the North half of said Section 14 and the Southeast corner of this tract; THENCE N. 88009'23" W., along the South line of the North half of said Section 14 a distance of 5213.88 feet to a point, for the Southwest corner of this tract, whence the Southwest corner of the North half of said Section 14 bears N. 88009'23" W. a distance of 65.00 feet; THENCE N. 01 051'58" E., along a line 65 feet East of and parallel to the West line of said Section 14, a distance of 2574.87 feet to a point 65 feet South of the North line of said Section 14, for the Northwest corner of this tract; THENCE S. 88008'22" E., along a line 65 feet South of and parallel to the North line of said Section 14 a distance of 1324.05 feet to a point; THENCE N. 01 051'38" E. a distance of 65.00 feet to a point in the North line of said Section 14 and the South line of said Section 13; THENCE S. 88'08'22" E., along the North line of said Section 14 and the South line of said Section 13, a distance of 3823.02 feet to the Point of Beginning. Contains: 311.39 acres Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0) August 10, 2021 Revised December 23, 2021 to change exhibit number Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas This document was prepared under 22 TAC §138.95, 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. EXHIBIT "D" Sketch Illustrating Proposed Annexation S88013'26"E 891.19� (V O �I 32' WEST ID � M I I �I� In w NI ° W o(f) S88013'59"E 1651.27' 1 _LLI A474TH LAC OF PC SOVTHHALF OF SECTION/J. BL OCK AK NI Wk S88'08'22"E 1283.00' 0 0 If) Lo It W 00 ti It o_ 0 z SOUTH LAC Or SECT10V L3 BLOOC AK N88'08'22°W 3823.02' SECTIOW /4, BLOCK AK SCALE: 1 "=750' p DATE:12-23-2021 z HUGO REED AND ASSOCIATES, INC. 65' WEST Y EM HUGO REED AND ASSOCIATES, INC. I ---I'll, 11-L., 1601 AVENUE N / LUBBOCK, TEXAS 79401 1 8061763-86421 FAX 8061763-3891 TEXAS REGISTERED ENGINEERING FIRM F-760 TEXAS LICENSED SURVEYING FIRM 100676-00 ME] LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "D" METES AND BOUNDS DESCRIPTION of a 219.15 acre tract located in Section 13, Block AK, Lubbock County, Texas, being further described as follows: BEGINNING at a point in the South line of Section 13, Block AK, Lubbock County, Texas, which bears N 88008'22" W. a distance of 65.00 feet from a 5/8" iron rod with yellow cap (N- 7232171.2, E- 909126.6, NAD83 Texas North-Central Zone) found as the recognized common corner of Sections 11,12, 13, and 14, all in said Block AK; THENCE N. 88008'22" W., with the South line of said Section 13 and the North line of Section 14, said Block AK, a distance of 3823.02 feet to a point; THENCE N. 01047'48" E. a distance of 1455.00 feet to a point; THENCE S. 88°08'22" E., at 1251.00 feet pass the West line of the East half of said Section 13, continuing for a total distance of 1283.00 feet to a point; THENCE N. 01 °47'48" E., along a line 32 feet East of and parallel to the West line of the East half of said Section 13, a distance of 2224.18 feet to a point in the Southern boundary of a tract of land as described in Volume 3786, Page 243 of the Real Property Records of Lubbock County, Texas; THENCE S. 88*13'26" E., along the Southern boundary of said described tract, a distance of 891.19 feet to a point in the Western boundary of a 20.00 acre tract of land as described under County Clerk File Number (CCFN) 2009027999 of the Official Public Records of Lubbock County, Texas; THENCE S. 01045'26" W., along the Western boundary of said 20.00 acre tract, a 5.55 acre tract as described under CCFN 2013037419, OPRLCT, and the Western boundary of a 14.5 acre tract as described under CCFN 2009028315, OPRLCT, a distance of 1016.02 feet to a point in the North line of the South half of said Section 13 and the Southwest corner of said 14.5 acre tract; THENCE S. 88°13'59" E., along the North line of the South half of said Section 13 and the Southern boundary of said 14.5 acre tract, a distance of 1651.27 feet to a point, whence the Northeast corner of the Southeast Quarter of said Section 13 bears S. 88*13'59" E. a distance of 65.00 feet; THENCE S. 01°51'51" W., along a line 65 feet West of and parallel to the East line of said Section 13 and the West line of said Section 12 a distance of 2667.17 feet to the Point of Beginning. Contains: 219.15 acres Bearings relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0). August 10, 2021 Revised December 23, 2021 to change exhibit number Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas This document was prepared under 22 TA § 138.95, 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. City of Lubbock TIMAS 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. O Annexation petition provided by City of Lubbock with notarized signature(s). 0 Map of the subject property. I] A legal description of the property (including a survey, field notes or legal description with subdivision, lot and block) labeled as Exhibit A. I] 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. 121 One digital copy of all of the above. ❑ If designating a representative, the affidavit designating representative with notarized signature(s). Property Owner(s): 1-AVAFLow LLc Address: PO BOX 64664 Address: Lubbock, TX, 79464 Telephone: 8( os)543-0667 Email: tpayn3T gmail.COm Telephone: (_) Email: Acreage of property: 530.54 Number of lots and proposed use: Vacant, proposed residential Check one: El I will represent my application and petition before city staff and the City Council. ❑ I hereby authorize the person named in the attached affidavit to act as my representative in this application before city staff for responding to same -- will be conducted with the representative City of Lubbock • Planning Department • (806) 775-2108 • 1314 Avenue K • Lubbock. TX 79401 Page I of I City of `Lubbock TEXAS PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS TO THE MAYOR OF THE GOVERNING BODY OF LUBBOCK, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which fewer than three qualified voters reside, hereby waive any requirement to be offered a development agreement pursuant to the Texas Local Government Code Section 43.016, and petition your Honorable Body to extend the present city limits so as to include as part of the City of Lubbock, Texas, the territory described in the attached Exhibit A, including a survey, field notes or legal description with subdivision, lot and block. We certify that the above described tract of land is contiguous and adjacent to a concurrently submitted petition, and falls within Lubbock County, and that this petition is signed and duly acknowledged by each and every person having an interest in said land. Signed: Signed: Signed: THE STATE OF TEXAS COUNTY OF _ cg b 1,- BEFORE ME, the undersigned authority, on this day personally appeared _ 1lrlca�..a� 3�—'64—F 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 lb" day of AaA.u_y 20ZA . .��. ZACHARY RYAN LOPEZ %.�,►�:.. Via ' �Q+: Notary Public, State of Texas Inz Comm. Expires 02-27-2024 Notary ID 132378684 Notary Public in and for County, County, Texas. City of Lubbock Planning Department • (806) 775-2108 1314 Avenue K Lubbock. TX 79401 Page I of I RETURN: WEST TEXAS TITLE COMPANY .FILE NO. After Recording, Return To: Brad Lowry, Esq. Jackson Walker LLP 2323 Ross Avenue Suite 600 Dallas, Texas 75201 2018042065 7 PGS DEED mill 17A ire, 011 W101Y a 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 NUMBER. SPECIAL WARRANTY DEED (WITH VENDOR'S LIEN) THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS. COUNTY OF LUBBOCK § That, effective as of October 25, 2018, MCKELVY LAND, LP, a Texas limited partnership ("Grantor"), for and in consideration of the sum of Ten and No/l00 Dollars ($10.00) and other good and valuable consideration to it in hand paid by LAVAFLOW, LLC, a Texas limited liability company ("Grantee"), having an address at P.O. Box 64664, Lubbock, Texas 79464, to Grantor, and for the further consideration of the execution and delivery by Grantee to First Bank & Trust ("Lender") of a promissory note in the original principal amount of $2,766,540.00, secured by a vendor's lien herein retained and by the lien of a deed of trust to Barry Orr, Trustee on behalf of Lender, by the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL, and CONVEY, unto Grantee the surface estate of that certain lot, tract or parcel of real property situated in Lubbock County, Texas, described on Exhibit A attached hereto and made a part hereof for all purposes (the "Land"), along with all buildings, improvements, fixtures and other items of real estate located thereon, together with all and singular Grantor's right, title and interest, if any, in any and all easements, licenses, rights of way, petroleum and mineral interests and royalties, air and subsurface rights, water rights, covenants, entitlements, development rights, declarant rights, benefits, privileges, tenements, hereditaments and appurtenances thereon or in anywise appertaining thereto, and all right, title and interest of Grantor in and to all roads, streets, avenues or alleys, open or closed, in front of or adjoining the real property (collectively, the "Prot) This Special Warranty Deed is made and accepted expressly subject to all restrictions, reservations, easements, covenants, conditions, and leases of record affecting the Property set forth on Exhibit B attached hereto and made a part hereof for all purposes Property (the "Permitted Exceptions"). Special Warranty Deed - Page 1 21764641 v.2 OKG Grantor hereby excepts from this conveyance and reserves unto itself, its successors and assigns, all of the oil, gas and other minerals, that now or in the future are located in whole or in part in, on, under and/or that may be produced from the Land and not heretofore reserved and/or conveyed by predecessors in title; and, if the mineral estate is subject to existing production or an existing lease, this reservation includes the production, the lease (or leases) and all benefits from it (the "Mineral Reservation"). Grantor retains for itself and/or any tenant presently in possession under an unrecorded farm lease, all right, title, and interest in and to any unharvested crops presently in the Land until such crops are harvested. TO HAVE AND TO HOLD the Land, subject to the Permitted Exceptions and the Mineral Reservation, unto Grantee, its successors and assigns, forever; and Grantor does hereby bind itself and its successors, to WARRANT and FOREVER DEFEND all and singular the Land unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, except as to the Permitted Exceptions to conveyance and warranty contained herein, by, through or under Grantor, but not otherwise. But it is expressly agreed and stipulated that the vendor's lien, as well as superior title in and to the Property, is retained against the Property and assigned to Lender and its successors and assigns, without recourse, until the above -described note, all interest thereon and all other sums due and owing thereunder are fully paid according to the face, tenor, effect and reading thereof, when this deed shall become absolute. REMAINDER oFPAGEINTENTIoNALLYBLANK SIGNATUREPAGE FOLLow& Svecial Wartanty Deed - Page 2 21764641 v.2 WKG IN WITNESS WHEREOF, this Special Warranty Deed has been executed by Grantor on the date set forth below to be effective as of the date first written above. GRANTOR: MCKELVY LAND, LP, a Texas Iimited partnership By: McKelvy GP, LLC, a Texas limited liability company, its general partner Name: Katherine Maxine McKelvy Title: Manager STATE OF TEXAS COUNTY OF LUBBOCK BEFORE ME, the undersigned, being a Notary Public in and for the State of Texas, on this day personally appeared Katherine Maxine McKelvy, known to me, or proved to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to, me that he executed the instrument as the act of Manager of McKelvy GP, LLC, a Texas limited liability company, as general partner of McKelvy Land, LP, a Texas limited partnership, and that he executed the instrument on behalf of the limited partnership for the purposes and consideration expressed, and in the capacity hereinabove stated. GWEN Ell hQU SEAL OF OFFICE this ` day of November, 2018. E(q PIANCY FLOYD NOWPuaiciWoolTens Notary 0#50991.3 MyCom nE>pire %24P.OR2AA �M, (vii 1,4 Notary Public, tate of Texas Exhibit A — Property Exhibit B — Permitted Exceptions Special Warranty Deed — Signature Page 21764641 v.2 OKG EXHIBIT A DESCRIPTION OF THE PROPERTY ACT 1s METES AND BOUNDS DBSCREMON of a 224.76 acre tract, more or less, being the some tract described under County Clerk File Number (CCFN) 2015020M of the Ofiieial Public Records of Lubbock County, Texas (OPRLCT), located In Section 13, Block AK, Abstract 107, Lubbock County, Texas, being further described as follows: BEGINNING at a 518" Iron rod with cap marked "MU" found at the Southeast corner of said Section 13 and the Northeast corner of Section 14, Block AX, E.L. & RR Co. Survey, Abstract 705, Lubbock County, Texas, being the Southeast corner of this tract; THENCE N. 89054104" W. along the common line of Sections 13 and 34, a distance of 3UL03 feet to a 112" iron rod with cep marked "HRA" set for the most Southerly Southeast corner of a tract described as Tract Two of Tracts One and Tract Two, under CCFN 2011035763 OPRLCT and the Soulhwesteornerof this tract; THENCE N. 00102107" E., along the Eastern boundary of said Tract T%i, at 30.00 feet pass a 112" iron rod with cap marked " 1M" set in the North line of a right-orway easement granted to Commissioners' Court Records dated March 11,1914, continuing for a total distance of 1455.007to a 1/2" Iron rod wlth cap marked "BRA" set for a corner of said Tract Two and the most Westerly Northwest corner of this tract; THENCE S. SM4104" E•. continuing along the Eastern boundary of said Tract Two, a distance of 12SLOO feet to a 112" Iron rod with cap set for the mast Easterly Southeast corner of said Tract I %* and a corner of this tract; THENCE N. 00002107" E., continuing along the Eastern boundary of sold Tract Two and the Eastern boundary of a tract described as Tract One under CCFN 2011035763 OPRLCT, a distance of 22M.13 feet to a 3W' iron rod found at the Southwest corner of a Tract described as Tract 1 of Tracts 1, 2, and 3, under Volume 3786, Page 243 of the Real Property Records of Lubbock County, Texas and the Northwest corner of this tract; THENCE S. 89959108" E., along the Southern boundary of said Tracts 1, 2 and 3, a distance of 923.19 feet to a in" Iron rod found at the Northwest corner of a tract described under CCFN 2009027999 OPRLCT, the Southeast corner of said Tract 3 and at the most Northerly Northeast corner of this tract; THENCE S. 00100116" F., along the Western boundary of said tract described under CCFN 20090279" OPRLCT and the Western boundaries of tract described tinder CCFN 2013037419 OPRLCT and CCFN 2OM28315 OPRLCT, a distance of 1016.02 to a 14" iron rod with cap marked "IIRA" found at the Southwest turner of sold tract described under CCFN 2009023315 OPRLCT and a corner of this tract, - THENCE S 89059141" E, along the Southern boundary of said tract described under CCFN 2009028315 OPRLCT, at 164617 feet pass a 112" iron rod with cap marked "HRA" set in the West line of a right-of-way easement described in Volume 1249. Page 325 of the Deed Records of Lubbock County, Texts, continuing for a total distance of 1716.22 feet to a 1/2" Iron rod with cap marked "BRA" found in the But line of sold Station 13, at the Southeast corner of said tract described under CCFN 200902831E OPRLCT, and the most Easterly Northeast corner of this tract; THENCE S. 00006105" W., along the East line of said Section 13, a distance of 1667.27 feet to the Point of Begbwing. Special WamnbE Deed — Exhibit A 21764641Y.2 OKG TRACT I: METES AND BOUNDS DESCRIPTION of a 319.77 acre tract, more or less, being the same tract described as the North Half of Section 14, Block AK, iS1.. & R.R. Co. Survey, Abstract 705, Lubbock County, Texas, under County Clerk File Number (CCFN) 2013010444 of the 011lclal Public Records of Lubbock County, Texas (OPRLCT), heft further described as follows: BEGINNING at a 518" iroa rod with cap marked "BRA" found at the Northeast corner of said Section 14 and the Southeast corner of Section 13, Block AK, Abstract 107, Lubbock County, Texas, being the Northeast corner of this trace THENCE S. 00003145" W., along the East line of said Section 14, a distance of 363837 feet to a W" Iran rod with cap marked "HRA" set for the Northeast corner of a tract described under Volume 10246, Page 286 OPRLCT and the Southeast corner of this tract; THENCE N. 89055/,'04" W., along the Northern boundary of sold tract described in Volume 10246, Page 286 OPRLCT, at 50.00 feet pass a 112" iron rod with cap marked "IRA" set in the West line of a right -of way easement described in Volume 1071, Page 124 and Volume 1249, Page 2" of the Deed Records of Lubbock County, Texas, continuing along the Northern boundary of said tract described In Volume 10246, Page 286 and the Northern boundaries of tracts described under Volume 4451, Page $9, of the Red Property, Records of Lubbock County, Texas (RPRLCT), CCFN 2013048403 OPRIZT, Volume 66A Page 238 RPRLCT, CCFN 2006038400 OPRLCT, CCFN 2009003694 OPRLCT, CCFN 20I6013321 OPRLCT, CCFN 2012049944 OPRLCT, Volume 5393, Page 328 RPRLCT, CCFN 2014043100 OPRLCT, Volume 5296, Page 98 RPRLCT, Volume 6534, Page 387 RPRLC q Volume 2636, Page 101 RPRLCT, Volume 3418, Pap 70 RPItLGT, Volume 5479, Page 78 RPRLCT, CCFN 2009016025 OPRLCT, Volume 74M Page 169 RPRLCT, at 5249.03 feet pass a 1/2" iron rod with cop marked "BRA" set In the Rost Hue of n right-of-way easement granted In Commissioners' Court Records Dated March 119 1914, continuing for a total distance of 5279.01 feet to a 1/1" iron rod found in the West One of said Section 14, at the Northwest corner of said tract described under Volume 7492, Page 169 RPRLCT' sad the Southwest corner of this tract; THENCE N. 00606120" E., along the West line of sold Section 14, n distance of 2639.90 feet to a 112" Iron rod found at the Northwest corner of said Section 14, the Southwest corner of said Section 13 and the Northwest corner of this tract; THENCE S. SM 104" E., along the common line of Sections 13 and 14, a total of 6277.02 feet to the Point of Beginning. Bearings are relative to the common line or Seetlons 13 and 14, Block AK, previously surveyed and recognized as being S. 89054104119. Special Warranty Deed — Exhibit A 21764641v.2 EXHIBIT B PERMITTED ENCUMBRANCES I. Lien for taxes and assessments for the year 2019 and subsequent years, not yet due and payable, and subsequent taxes and assessments by any taxing authority for prior years due to this sale or Grantee's use of the Property after the date hereof. 2. All leases, grants, exceptions or reservations of coal, lignite, oil, gas or other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Official Real Property Records of Lubbock County, Texas, whether listed in this Exhibit "B" or not. 3. Electric line right-of-way easement granted in favor of South Plains Electric Cooperative in instrument recorded in Volume 972, Page 657, of the Deed Records of Lubbock County, Texas. (as to Section 13, Block AK). 4. Electric line right-of-way easement granted in favor of South Plains Electric Cooperative in instrument recorded in Volume 972, Page 689, of the Deed Records of Lubbock County, Texas. (as to Section 13, Block AK) 5. Right-of-way easement granted in favor of County of Lubbock, Texas, in instrument recorded in Volume 1249, Page 325, of the Deed Records of Lubbock County, Texas, and as shown on survey dated September 26, 2018, prepared by Brent Carroll, Registered Professional Land Surveyor #5410. (as to Section 13, Block AK) 6. Right-of-way easement granted in favor of South Plains Electric Cooperative in instrument recorded in Volume 1287, Page 12, of the Deed Records of Lubbock County, Texas. (as to Section 13, Block AK) 7. Subject to the South 25 feet for roadway purposes as set forth in Volume 3786, Page 247, and in Volume 3786, Page 250, both of the Real Property Records of Lubbock County, Texas. (as to Section 13, Block AK) 8. Right-of-way easement granted in favor of County of Lubbock, Texas in instrument recorded in Volume 1071, Page 224, of the Deed Records of Lubbock County, Texas, and as shown on survey dated September 26, 2018, prepared by Brent Carroll, Registered Professional Land Surveyor #5410. (as to Section 14, Block AK) 9. Right-of-way easement granted in favor of County of Lubbock, Texas in instrument recorded in Volume 1249, Page 299, of the Deed Records of Lubbock County, Texas, and as shown on survey dated September 26, 2018, prepared by Brent Carroll, Registered Professional Land Surveyor #5410. (as to Section 14, Block AK) 10. Affidavit of right-of-way easements granted in favor of South Plains Telephone Cooperative as set forth in instrument recorded in Volume 1717, Page 892, of the Deed Records of Lubbock County, Texas, as shown on survey dated September 26, 2018, SRWal Waianty Deed - Exhibit B 21764641v.2 OQ KG prepared by Brent Carroll, Registered Professional Land .Surveyor #5410. (as to Section 14, Block AK) 11. 6W right-of-way easement granted in Commissioners Court Minutes dated March 11, 1914, as shown on survey dated September 26, 2018, prepared by Brent Carroll, Registered Professional Land Surveyor #5410. FILED AND RECORDED OFFICIAL PUBLIC RECORDS i C� Kelly Pinion Countyy Clark Lubbock County TEXP5 11/02/2018 01.A6 PH FEE: $50.00 2018042065 Special Warranty Deed — Exhibit B 21764641v.2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS * t c., Kelly Plnlon County Clerk Lubbock County TEXYS 02/28/2022 01:A8 PM FEE: $230.00 2022009665