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HomeMy WebLinkAboutOrdinance - 2022-O0022 - Annexation From Tigris Development For 30.57 Acres At 114Th St And University - 02/08/2022First Reading C" t'`J °` L..,10b°CK' Second Reading M m February 8, 2022 c ' O n fir"' 1''� February 22, 2022 = N Item No. 8.3 Item No. 8.2 New 10 ORDINANCE NO. 2022-00022 A AN ORDINANCE: ANNEXING INTO THE CITY OF LUBBOCK, TEXAS OF AN AREA GENERALLY DESCRIBED AS APPROXIMATELY 30.57 ACRES, y ADJACENT TO THE SOUTHEASTERN CITY LIMITS OF THE CITY OF LUBBOCK, NORTH OF 114TH STREET AND EAST OF UNIVERSITY AVENUE, o LUBBOCK COUNTY, TEXAS, WITH SUCH AREA BEING CONTIGUOUS TO THE EXISTING CITY LIMITS; PROVIDING FOR THE CORRECTION OF THE CITY MAP TO INCLUDE THE AREA ANNEXED THROUGH THIS ORDINANCE; Q PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock (the "City Council"), received from the T property owner (the "Petitioner") of an area of land generally described as approximately 3 0.5 7 acres, adjacent to the southeastern city limits of the City of Lubbock, north of 114th OR - Street and east of University Avenue, Lubbock County, Texas contiguous to the city limits (the "Area"), a written petition 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 Petitioner 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 DANIEL M. P E, MAYOR ry W-V-DkW Rebe ca Garza, City Sec et APPROVED AS TO CONTENT: B , Dir of Planning Page 2 of 3 APPROVED AS TO FORM: & '&Jx� K lli Leisure, Assistant City Attorney Ord. Annexation LEDA Petition Annexation 06.28.21 Page 3 of 3 M,& tilt nl If Lubbock ,t,a, VOLUNTARY ANNEXATION APPLICATION APPLICATION IS NOT VALID WIl IIOUI CO-NIPLE 1"ION OP ALL PACES AND SICNATUIMS MINIMUM SUBMITTAL REQUIREMENTS: ❑ 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 ❑ Annexation petition provided by City of Lubbock with notarized signature(s) ❑ Map of the subject property. ❑ A legal description of the property (including a survey, field notes or legal description with subdivision. lot and block) labeled as Exhibit A. ❑ 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. ❑ One digital copy of all of the above. ❑ If designating a representative, the affidavit designating representative with notarized signature(s) ProperO O%sncr(s):7; os,- 7, Address' 0 % 1rA,2C 1 zT—l� Address: Telephone i; i? 7 gff22 Email- T�V (/2� 7%Cii S Telephone. (___j Email. Acreage of property AI1K, Je, ? Ci Number of lots and proposed use: UnecK one: ❑ 1 will represent my application and petition before city staff and the City Council. (j1 I hereby authon7e the person named in the attached affidavit to act as my representative in this application before city Staff and the City Council. Owl r of re rd signature Please now: The signature of otcner authorizes the City of Lubbock staff to visit and inspect the property that is subject to this application The 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 I ubbock Planning Department (806) 775-2108 1625 13" St, b107 Lubbock, I X 79401 Page I of I A4,00 Pity of Lubbock TIIiI PETITION REQUESTING ANNEXATION BY AREA LANDOWNERS 10 TIiL MAYOR OFT[ IF GOVERNING BODY OF LUBBOCK, TEXAS: The undersigned owners of the hereinafter described tract of land, which is vacant and without residents, or on which fe%N er 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, is not more than one-half mile in width, and that this petition is signed and duly acknowledged by each and every person having an interest in said land. 7is r,'5 AP&e%ll,"ex r G/_ Signed: 'L Signed: Signed: TIIE STATE OF TEXAS COUNTY OF �- BF.FORF ME, the undersigned authority, on this day personally appeared &/ Oryef -M6&!4 < and - - , known to me to be the persons whose names are subscribed to the foregoing instrument and each acknowledged to me that lie or she executed the same for the purposes and consideration therein expressed. Given under my Band and seal of office, this day of 0 C 6'41' , 20 ,) l DEANNABRANDT Notary of ID 129345 29345387 �� My Commiss,on Expires ^'tov �` March 24, 2025 Notary Public in and for LtJ UD e)County, Texas. City of I ubbock Planning Department (806) 775 2108 1625 13" St, it107 Lubbock. TX 79401 Page I of 1 RCCO.?D O:l'AZ*R RECORD OIIWER- RECr"RO DI)NGn^ I RR4D bR),JN OTIS POLLARD SAA/ Sit'14./ VUL UA/E jgjj, IIOLOAIC 5j5', I Cl- 20I50/27j2I P4CE /9 ,—JI P,7CE 2:i! I TR4C7 / CMO . CM I II SURbE>ED 6)' ✓ON C/E5=lNS1,1. RPLS -1.160 I 084CU5,) ON ,114)' Z4. 2021 RECORD OI{WER: Cr/ARLF_" E PR-ITER IOLUA/F /607, P4•?E 672 N OI �II Lo Z RE414/NDER OF S 2 OF SN' ✓ AFC /U J RECORD OH JER' FR,41-fR o -2 w rJ rz, ELECTRIC TR WATER P/PEC/NE EASEMENT CCFM?011007879 I x� T?Er,ORD Ol:" AIR ENTER(A/N,I/EVT PEOORD C]ll plc R: CCfA! 201d0%0032 I RO0h7N »/,- LLC CCTV 201000 -61 ; + RECORD O11NFR ✓9 TiDIVELL 188•12'24"W 981.01`I I P.o.e. w `� >' ;;! O i.; T is I I RECORD OHW£R: K)N4 FISr/ER CC', N20190076/i RECORD OH'NER; UN/(ED SU='ER AZRKE75 CCFA!' 201200166.1 4ECORD OIVNER' USA/ .1I4N41F4CTUR/NG. CLC "'FN 20090.ij,: RECORD USA/ (lG1N/JF4CTL1R/1VG LLC CCFiV.- 20090Si6j3 20' OAS EASEMENT / WLUME 1148, PACE 29,5 R£^ORD OHiV£n.' RICK) n' 54A/UEL ✓ONVSON ANNEXATION SKETCH OF A 27.87 ACRE TRACT OF LAND, BEING A PORTION OF THAT TRACT DESCRIBED IN VOLUME 1607, PAGE 672, DEED RECORDS OF LUBBOCK COUNTY, TEXAS, BEING OUT OF SECTION 10, BLOCK E, LUBBOCK COUNTY, TEXAS SCALE:1" = 200' SURVEYED FOR: WEST TEXAS ENGINEERING SET NAIL AND SHINER MARKED DELTA LAND SURVEYING FD. 1/2-" IRON ROD WITH GREEN CAP MARKED RPLS 4460 FD. 1/2" IRON ROD WITH YELLOW CAP MARKED HRA ❑ FD. 1/2" IRON ROD G FD. 1/2" IRON PIPE P.0.8 POINT OF BECANNIrAG CM CONTROLLING MONUMENT CCFN COUNTY CLERK FILE NUMBER DELTA LAND SURVEYING, LLC FIRM # 10194496 DELTA ENGINEERING LLC FIRM # F-22948 1310 JARVIS STREET LUBBOCK TX 79403 pp NS-701-5707 DELTAIC VWNVDELTALBK.COM uo •u-rirx�o —i's-miuci DRAFTED BY KG REV. BY 1N OO Y% LAND SURVEYING Delta Land Surveying, LLC 1310 Jarvis Street Lubbock, TX 79403 806-701-5707 www.deltalbk.com Metes and Bounds description of a 30.57 acre tract of land, being a portion of that tract described in Volume 1607, Page 672, Deed Records of Lubbock County, Texas (DRLCT), being out of Section 10, Block E, Lubbock County, Texas, and being more particularly described as follows: Beginning at point for the Southwest corner of this tract, whence the Southwest corner of said Section 10 is called to bear N88012'24"W, 660.00 feet and N01°47'36"E, 60.00 feet; Thence N01°47'36"E, at 60.00 feet pass a set nail and shiner marked DELTA LAND SURVEYING in the center of 114`h Street described in Volume 1147, Page 387, DRLCT, in the North line of a tract of land described in County Clerk File Number (CCFN) 2020049078, Official Public Records of Lubbock County, Texas (OPRLCT), at 659.88 feet pass a found 1/2" iron rod with green cap marked RPLS 4460, continuing for a total distance of 1357.92 feet to a found 1/2" iron rod with green cap marked RPLS 4460 in the South line of a tract of land described in Volume 5833, Page 19, Real Property Records of Lubbock County, Texas (RPRLCT), and for the Northwest corner of this tract; Thence S88°13'56"E, 980.18 feet to a found 1/2" iron rod with yellow cap marked HRA in the South line of that tract of land described in CCFN 2019007611, OPRLCT, for the Northwest corner of a tract of land described in CCFN 2012001664, OPRLCT, and for the Northeast corner of this tract; Thence S01°45'30"W, leaving said tract described in CCFN: 2019007611, and with the West line of said tract described in CCFN 2012001664, at 1013.47 feet pass a found 1/2" iron rod with yellow cap marked HRA, for the Southwest corner of a tract of land described in CCFN 2009033637, OPRLCT, for the Northwest corner of a tract of land described in CCFN 2009033638, OPRLCT, at 1238.36 feet pass a found 1/2" iron rod in the center of said 114th Street, in the North line of a tract described in Volume 9422, Page 227, OPRLCT, for the Southwest corner of said tract described in CCFN 2009033638, continuing for a total distance of 1358.36 feet to a point for the Southeast corner of this tract; Thence N88°12'24"W, leaving said tract described in CCFN 2009033638, a distance of 981.01 feet to the Point of Beginning. Bearings are based on the North line of Subject Tract, being previously recognized as S88013'56"E. Survey Date: November 19, 2021 Texas License Firm Number 10194496 Texas Registered Engineering Firm Number F-22948 2021046697 4 PGS DEED mill 6FIA PRO 11MA0 Owl FAI 11111 GF#85675 Return to: Western Title Company 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. THE STATE OF TEXAS COUNTY OF LUBBOCK § WARRANTY DEED WITH VENDOR'S LIEN Date: September 8, 2021 Grantor: RAMONA FERN PRATER, Independent Executrix of THE ESTATE OF CHARLES EDWIN PRATER, deceased Grantee: TIGRIS DEVELOPMENT, LLC, a Texas limited liability company Grantee's Mailing Address: 5307 West Loop 289, Suite 201 Lubbock, Lubbock County, Texas 79414 Consideration: TEN AND NO/100 DOLLARS ($10.00) and a note ofeven date executed by Grantee and payable to the order of AMERICAN BANK OF COMMERCE ("Lender") In the principal amount of TWO MILLION ONE HUNDRED SIXTY THOUSAND AND NOII00 DOLLARS ($2,160,000.00). 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 TROY S. MELCHER, Trustee. Property (including any improvements): Metes and Bounds description of a 38.89 acre tract of land, being a portion of that tract described in Volume 1607, Page 672, Deed Records of Lubbock -County, Texas (DRLCT), being out of Section 10, Block E, Lubbock County, Texas, and being more particularly described as follows: Beginning at a point in the center of University Avenue described in Volume 450, Page 145, DRLCT, for the most Westerly Southwest comer ofthis tract, whence the Southwest corner of said Section 10 is called to bear SO 1 °4736"W, 660.00 feet; Thence NO °4736"E, with said University Avenue, 637.62 feet to a point for the Southwest comer of a tract referred to as Tract Q, Prater Subdivision (Unrecorded) described in Volume 5357, Page 251, Real Property Records of Lubbock County, Texas (RPRLCT), and for the Northwest corner of this tract; Thence S88013156"E, leaving said University Avenue, with the South line of Several tracts of said Prater Subdivision, at 55.00 feet pass a found 1/2" iron rod with green cap marked RPLS 4460, at Warranty Deed with Vendor's Lien Prater - Tigris Development, LLC Page i of 3 568,00 feet pass a found 1/2" Iron pipe, at 660.00 feet pass a found 1/2" iron rod with green cap marked RPLS 4460, continuing for a total distance of 1640.18 feet to a found 1/2" iron rod with yellow cap marked HRA in the South line of a tract of land referred to as Tracts L and K, Prater Subdivision described in CCFN 2019007611, OPRLCT, for the Northwest comer of a tract of land described in CCFN 2012001664, OPRLCT, and for the Northeast comer of this tract; Thence SO l 045'30"W, leaving said Prater Subdivision, and with the West line of said tract described in CCFN 2012001664, at 1013.47 feet pass a found 1/2" iron rod with yellow cap marked HRA, for the Southwest corner of a tract of land described in CCFN 2009033637, OPRLCT, for the Northwest corner of a tract of land described in CCFN 2009033638, OPRLCT, at 1248.36 feet pass a found 1/2" iron rod in the North Right of Way line of 114th Street described In Volume 1147, Page 387, DRLCT, continuing for a total distance of 1298.36 feet to a point in the center of said 114th Street, in the North line of a tract described in Volume 9422, Page 227, OPRLCT, for the Southwest corner of said tract described in CCFN 2009033638, and for the Southeast corner of this tract; Thence N8801224"W, Ieaving said tract described in CCFN 2009033638, and with said 114th Street, and the North line of said tract described in Volume 9422, Page 227, a distance of 980.97 feet to a set nail and shiner marked DELTA LAND SURVEYING in the North line of a tract of land described In CCFN 2020049078, OPRLCT, for the most Southerly Southwest comer of this tract; Thence NO °4736"E, leaving said 114th Street, and said tract described in CCFN 2020049078, at 50.00 feet pass the North Right of Way line of said 114th Street, continuing for a total distance of 659.88 feet to a found 1/2" iron rod with green cap marked RPLS 4460 for a corner of this tract; Thence N88° 11'46"W, at 605.00 feet pass a found 1/2" iron rod with green cap marked RPLS 4460, continuing for a total distance of 660.00 feet to the Point of Beginning. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Right -of -Way Easement dated November 9, 1967, recorded in Volume 1147, Page 387, Deed Records, Lubbock County, Texas, executed by Charles Prater to the County of Lubbock. Right -of -Way Easement dated September 7,1967, recorded in Volume 1148, Page 29, Deed Records, Lubbock County, Texas, executed by Charles Prater and wife Marlene Prater to Pioneer Natural Gas Company. Easement dated December 1, 2010 and recorded March 14, 2011 under County Clerk File No. 2011007879, Official Public Records, Lubbock County, Texas, executed by Charles E. Prater and wife Ramona Prater to The City of Lubbock, Texas. Electric Utility Easement dated July 24, 2020 and recorded August 20, 2020 under County Clerk File No. 2020035833, Official Public Records, Lubbock County, Texas, executed by Charles Edwin Prater, joined pro forma by his wife Ramona Prater to Oncor Electric Delivery Company, LLC, a Delaware Limited Liability Company. 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. Warranty Deed with Vendor's Lien Prater - Tigris Development, LLC Pagc 2 of 3 A 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, 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 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. STATE OF TEXAS COUNTY OF LUBBOCK Acknowledged before me, the undersigned notary, this PRATER, Independent Executrix of THE ESTATE OF CHAI B013ERT P. 5 A ubTe1 . °wnl IN I tMEVImss* My �22, Warranty Deed with Vendor's Lien Prater - Tigris Development, LLC RAMONA FERN PRATER, Inde endent Executrix of THE ESTATE OF CHARLES EDWIN PRATER, deceased STSepte ber, 2021, byRAMONA FERN PRATIM deceased Public, State of Texas Page 3 U3 FILED AND RECORDED OFFICIAL. PUBLIC RECORDS G� Kelly Plnlon County Clerk Lubbock County TEXAS 09/09EE:gg/2021 02:69 PM 02104669 27 FILED AND RECORDED OFFICIAL PUBLIC RECORDS , G- Kelly Plnlon Countyy Clerk Lubbock County TEXRS 09/09EE:gg/2021 02:69 PM 02104669 27 FILED AND RECORDED OFFICIAL PUBLIC RECORDS l Kelly Plnlon County Clerk Lubbock County TEXYS 02/28/2022 01:s8 PM FEE: y88.00 2022 09664 ' r .