HomeMy WebLinkAboutResolution - 2018-R0015 - Petition For Annexation - Red Canyon Development - 01/11/2018Resolution No. 2018-R0015
Item No. 8.10
January 11, 2018
RESOLUTION
WHEREAS, the owners of certain real property adjacent to the city limits have filed with the
City of Lubbock an agreement in lieu of a petition requesting the annexation of said real
property by the City of Lubbock (the "Agreement"), with a copy of the Agreement attached to
and made a part of this resolution as "Exhibit A"; and
WHEREAS, the real property that is the subject of the Agreement (the "Property") is:
approximately 326.36 acres of vacant land; without residents; contiguous to the city limits;
located within an area generally bounded by 1461h Street on the north, Quaker Avenue on the
east, and Woodrow Road on the south; and, legally described and depicted in the attached
"Exhibit A"; and
WHEREAS, the City Council heard arguments for and against the annexation of the
Property that is subject to the Petition at a public hearing at its regularly scheduled meeting
conducted on the eleventh (1 lt") day of January, 2018; and NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT, after reviewing the Agreement and hearing the arguments for and
against the annexation of the Property that is subject to the Agreement, the City Council finds
that the Agreement is in the best interests of the citizens of the City of Lubbock and does
hereby authorize the Mayor to execute the Agreement.
SECTION 2. THAT, the Planning Department of the City of Lubbock is hereby directed to
draft an ordinance and all related documents required to effectuate the annexation of the
Property that is the subject of the Agreement.
Passed by the City Council on January 11 , 2018.
DANIEL M. POPE, MAYOR
ATTEST:
Z� - , - '11111C -
Rebe t
Garza, City Secretary
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Ju 1n Pr itt, Assistant City Attorney
ccdocs/RES. Agreement in Lieu of Petition Annexation — Public Hearing — Red Canyon Development, LLC
January 2, 2018
Resolution No. 2018-R0015
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN
THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
AGREEMENT IN LIEU OF PETITION FOR ANNEXATION
THIS AGREEMENT IN LIEU OF PETITION FOR ANNEXATION (the "Agreement") is made
by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City"),
and Red Canyon Development, LLC, a Texas limited liability corporation (the "Owner") (each a
"Party," and collectively the "Parties") acting by and through the Parties' representative officers and
officials, and is entered into by the Parties on January 11, 2018 (the "Effective Date").
RECITALS
WHEREAS, the City Council of the City recognizes the continued population growth and migration
trends in the Lubbock metropolitan area, and
WHEREAS, the City's Annexation and Growth Advisory Committee (the "Committee") made
findings that annexation of certain areas within the City's extraterritorialiurisdiction would benefit
the City by allowing for orderly residential, commercial, and similar types of development; and
WHEREAS, through Resolution 2015-R0306, the City Council adopted the Committee's Annexation
and Growth Policy Report (the "Report"), with the Report containing the Committee's findings that
the City Council should give priority consideration to annexation initiatives within the City's
extraterritorial jurisdiction on the southern edge of the current city limits in the area generally bounded
by University Avenue on the east and Milwaukee Avenue on the west ("Area C"); and
WHEREAS, at its regularly scheduled meeting on July 10, 2017 the Committee heard a presentation
from the Owner on the annexation of property located within Area C, with such property being
described and depicted in "Exhibit A" (the "Property"), and the Committee unanimously
recommended that the Council begin annexation proceedings on the Property; and
WHEREAS, through this Agreement, the Owner petitions the City to annex the Property; and
WHEREAS, the City Council finds that this Agreement satisfies certain annexation requirements
under Section 43 and Section 212 of the Texas Local Government Code; and
NOW, THEREFORE, the City and the Owner enter into this Agreement for the consideration of the
conditions and promises contained herein.
AGREEMENT
Section 1. State Code Provisions, Annexation.
This Agreement is a development agreement drafted according to the provisions of Section 212.172
of the Texas Local Government Code, and this Agreement constitutes, inter alia, a voluntary petition
to the City for the annexation of the Property under the provisions of Section 43.052(h)(2) of the Texas
Agreement in Lieu of Petition Annexation —Red Canyon Development, LLC—1.11.18 Page 1
Local Government Code, without any further action on the part of the Owner or the City other than
the City's actual annexation of the Property by ordinance. The Parties agree that this Agreement
satisfies certain provisions of Chapter 43 of the Texas Local Government Code, including, but not
limited to, the requirement of the City to offer a development agreement to a property owner under
Section 43.016 of the Texas Local Government Code. The Owner may terminate this Agreement, and
by doing so, withdraw the voluntary petition for annexation, at any time before the effective date of
annexation by providing written notice to the City. Where this Agreement follows a State Code
provision that may conflict with a City Code provision, the State Code provision will apply. The City
agrees to provide written notice to the Owner that the City has enacted an ordinance approving the
annexation requested under this Agreement, upon the occurrence of that event.
Section 2. Identification of the Property.
The Property is described as the property owned by the Owner within the boundaries of the area
described and depicted in Exhibit A attached hereto and incorporated herein by reference. The Owner
hereby warrants that the Property is vacant and that no qualified voters reside on the Property. The
Owner hereby warrants that no registered voters will reside on the Property prior to July 1, 2018, with
such warranty surviving the termination of this Agreement if termination occurs prior to July 1, 2018.
Section 3. Application of City Planning, Inspection, and Zoning Authority.
The City's planning, building inspection, and zoning authority will be extended to the Property only
upon the annexation of the Property. Unless otherwise allowed under State law or City ordinance, the
execution of this Agreement by the City does not authorize any development initiatives on the Property
until the Property is annexed by the City.
Section 4. Annexation not Contingent on Capital Improvements.
The Owner acknowledges that annexation of the Property contemplated under this Agreement does
not create an obligation or requirement that the City provide to the Property any capital improvements
including the construction of street, sewer, water, or storm water infrastructure. Such capital
improvements may be provided to the Property only after the annexation of the Property, according
to the City's capital improvement plan, and subject to funding available to the City to implement the
City's capital improvement plan.
Section 5. Provision of Services to the Property Upon Annexation.
Upon the annexation of the Property, the City will make available to the Property the services of the
City's Police Department, Fire Department, Animal Services Department, Planning Department, Solid
Waste Department, Building Inspection, and all other like services that would be provided to a
similarly -situated property within the city limits.
Section 6. Term.
This Agreement shall automatically terminate on the date which is six (6) months after the Effective
Date or upon the annexation of the Property, whichever shall occur first. Unless otherwise specified
in this Agreement, upon the termination of this Agreement neither Party shall have any obligations
under this Agreement, and the Owner and the Property shall be free of and unencumbered by the
requirements and restrictions set forth in this Agreement.
Agreement in Lien of Petition Annexation— Red Canyon Development, LLC — 1.1 1.18 Page 2
Section 7. Agreement a Covenant Running With the Land.
This Agreement shall be recorded in the Real Property Records of Lubbock County and shall be a
covenant running with the land binding upon all parties having any right, title or interest in the
Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit
of, and be enforceable by, the Parties.
Section 8. Form and Delivery of Notice.
Any notice required or permitted under this Agreement shall be in writing and shall be delivered in
hand, by facsimile, or by registered or certified United States mail. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid. Either Party to this Agreement shall be entitled to change its notice address upon notice to
the other Party delivered in accordance with the notice provisions hereof. The Parties shall receive
notice at the following addresses:
City ofLubbock:
W. Jarrett Atkinson, City Manager
1625 131' Street
Lubbock, Texas 79457
Section 9. Enforcement.
Owner:
Thomas Payne, Red Canyon Development, LLC
12402 Slide Road
Lubbock, Texas 79424
This Agreement may be enforced by either Party by any proceeding at law or in equity. Failure to do
so shall not be deemed a waiver to enforce the Agreement thereafter. The failure of either Party to
exercise or enforce any right or provision shall not constitute a waiver of such right or provision. It is
understood that by' execution of this Agreement, the City does not waive or surrender any of its
governmental powers, except as expressly set forth herein.
Section 10. Entire Agreement and Severability.
This Agreement constitutes the entire agreement between the Parties and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written between the City
and the Owner, with respect to this Agreement. If any provision contained in this Agreement is held
to be unconstitutional, invalid, or unenforceable, then the remaining provisions shall be deemed
severable and shall remain in full force and effect.
Section 11. Section Headings. Subheadings. and Recitals.
The section headings and subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement. Each of the recitals contained
herein, by this reference, shall be incorporated into, and deemed a part of, this Agreement.
Section 12. Counterparts and Modification of Agreement.
This Agreement may be executed in two or more counterparts, each of which shall constitute an
original. This Agreement cannot be modified or amended without the written consent of all the parties
hereto and attached and made a part of this Agreement. The City or the Grantee may amend this
Agreement at any time, provided that such amendments make specific reference to this Agreement,
Agreement in Lieu of Petition Annexation — Red Canyon Development, LLC—1.11.18 Page 3
are executed in writing, signed by a duly authorized representative of both Parties, and approved by
the City Council. Such amendments shall neither invalidate this Agreement nor relieve or release the
City or the Grantee from its obligations under this Agreement.
Section 13. Governing Law and Venue.
This Agreement shall be governed by the laws of the State of Texas. Venue shall be in the State courts
located in Lubbock County, Texas or the United States District Court for the Northern District of
Texas, Lubbock Division. The City shall not be subject to any arbitration process for any dispute that
might arise under this Agreement prior to exercising its unrestricted right to seek judicial remedy.
Section 14. Indemnity and Release.
1. THE OWNER SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST EXTENT PERMITTED BY LAW,
THE CITY, AND THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS,
FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, OR LIABILITIES, OF ANY KIND OR
NATURE, WHICH ARISE DIRECTLY OR INDIRECTLY, OR ARE RELATED, IN ANY WAY, MANNER, OR FORM,
TO THE ACTIVITIES CONTEMPLATED HEREUNDER.
2. THE OWNER SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS, AND OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY ENFORCING THE
OWNER'S INDEMNITY HEREIN.
3. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS SHALL
NOT BE LIABLE, AND THE OWNER HEREBY RELEASES THE CITY, AND ITS RESPECTIVE OFFICERS,
EMPLOYEES, ELECTED OFFICIALS, AND AGENTS, FOR, FROM, AND AGAINST ANY LOSSES, DAMAGES,
CLAIMS, OR LIABILITIES TO THE OWNER.
4. THE INDEMNITY AND RELEASE PROVIDED HEREIN SHALL SURVIVE THIS AGREEMENT
Section 15. "Independent Contractor".
Nothing contained in this Agreement is intended, or shall be construed in any manner, to create or
establish the relationship of employer and employee between the Parties. The Owner shall at all times
remain an "independent contractor" with respect to any requirement under this Agreement.
Section 16. Ri2ht to Exercise.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. To the extent of any conflict between this provision and another provision in,
or related to, this Agreement, the former shall control.
Section 17. Assignability.
The Owner shall not assign or transfer any interest in this Agreement without the prior written consent
of the City. Notice of any such assignment or transfer shall be furnished promptly to the City.
Section 18. Chapter 2270, Subtitle F. Title 10, Texas Government Code and Senate Bill 252
The Grantee warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel during
Agreement in Lieu of Petition Annexation —Red Canyon Development, LLC—1.11.18 Page 4
the term of this Agreement. Texas Senate Bill 252 prohibits the City from entering into a contract with
a vendor that is identified by The Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan or a foreign terrorist organization.
IN WITNESS WHEREOF, the Parties hereby enter into this Agreement as of the Effective Date.
FOR: THE CITY
SIGNATURES
FOR: THE OWNER
DANIEL M. POPE, MAYOR Thoinas Payn , Man ,
Red Canyon ev , ment, LLC
ATTEST:
Reb .cca Garza, Ofity retar
APPROVED AS TO CONTE
W. Ja ett Atkinson, City Manager
APPROVED AS TO FORM:
Justin (Pruitt, Assistant City Attorney
Agreement in Lieu of Petition Annexation —Red Canyon Development, LLC — 1.11.18 Page 5
NOTARIZATION
City of Lubbock
State of Texas §
County of Lubbock §
This instrument was executed before me on 20t, by4N46U� (I
D:v stile
of the City of Lubbock, a Texas municipal corporation, on behalf of said
TITL
corporation.
ASP"Ay PJENNIFER SOWDER CLEMENTS
* Notary Public, State of Texas
4Nt y Public sr Py Notary ID# 124 ?068 3
00 My Commission Expires 06.2N-2020
Red Canyon Development, LLC
State of Texas §
County of Lubbock §
This instrument was executed before me on 3 20 r g by Tel arms P�1`(✓C
D,41NAME
ftl A(Pfg. of R4 '�ANyd)TIME
COMPANY NAME
on behalf of said company.
.�./ )/. -
-`4py Puh� DANNIE MASON
Notary Public, State of Texas
MY Commission Expires Ii-wai9
Agreement in Lieu of Petition Annexation —Red Canyon Development, LLC — 1.11.18 Page 6
The Property — Map Depiction
Agreement in Lieu of Petition Annexation — Red Canyon Development, LLC — 1.11.18 Page 8
Proposed Petition Annexation Area (326.36 ac)
°'" city, of
Lubbock
T E X A
As required by Chapter 2051, SUBCHAPTER D. GEO SPATIAL DATA PRODUCTS of the Government Code, the City of Lubbock hereby provides notice Digital Orthophotography - June 2016
that the data on this map was created by the City of Lubbock. Any data that appears to represent property boundaries is for informational purposes and
may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on -the -ground survey and
represents only the approximate relative location of property boundaries.
EXHIBIT A
The Property — Metes & Bounds Description
Agreement in Lieu of Petition Annexation —Red Canyon Development, LLC—1.11.18 Page 7
�) HUGO REED AND ASSOCIATES, INC.
1601 AVENUE N / LUBBOCK, TEXAS 79401 / 806-763-5642 / FAX 806-763-3891
TEXAS REGISTERED ENGINEERING FIRM F-760
TEXAS LICENSED SURVEYING FIRM 100676-00
LAND SURVEYORS
CIVIL ENGINEERS
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION of a 326.36 acre tract of land being a portion of a 420.981 acre tract of land as
described under County Clerk File Number 2008029898 of the Official Public Records of Lubbock County, Texas, located in
Section 6, Block AK, Lubbock County Texas, being further described as follows:
BEGINNING at a point in the Southern boundary of the City Limits of the City of Lubbock, Lubbock County, Texas, the East
line of Section 6, Block AK, Lubbock County, Texas and the Eastern boundary of said 420.981 acre tract for the Northeast
corner of this tract, which bears S. 01 °42'34" W. a distance of 660.00 feet from the Northeast corner of Section 6, Block AK,
Lubbock County, Texas;
THENCE S. 01 °42'34" W., along the East line of said Section 6 and the Eastern boundary of said 420.981 acre tract, a
distance of 3716.30 feet to a point in the North line of a 20 foot pipeline easement as described in Volume 1925, Page 966 of
the Deed records of Lubbock County, Texas, for the most Easterly Southeast corner of this tract;
THENCE N. 88'16'26" W., along the North line of said 20 foot pipeline easement, a distance of 100.03 feet to a point;
THENCE N. 88°38'26" W., continuing along the North line of said 20 foot pipeline easement, a distance of 689.46 feet to a
point for a corner of this tract;
THENCE S. 01 °47'03" W. a distance of 638.99 feet to a point for the most Southerly Southeast corner of this tract;
THENCE N. 88'12'57" W. a distance of 2059.95 feet to a point in the Eastern boundary of a tract of land as described under
County Clerk File Number 2016040572 of the Official Public Records of Lubbock County, Texas, for the most Southerly
Southwest corner of this tract;
THENCE N. 01 °43'00" E., along the Eastern boundary of said tract described under County Clerk File Number 2016040572,
a distance of 653.30 feet to a point for the Northeast corner of said described tract and a corner of this tract;
THENCE N. 88*12'57" W., along the Northern boundary of said tract described under County Clerk File Number
2016040572, a distance of 620.00 feet to a point in the Western boundary of said 420.981 acre tract for the Northwest corner
of said tract described under County Clerk File Number 2016040572 and the most Westerly Southwest corner of this tract;
THENCE N. 01 °43'00" E., along the Western boundary of said 420.981 acre tract, a distance of 3705.73 feet to a point in the
Southern boundary of the City Limits of said City of Lubbock for the Northwest corner of this tract;
THENCE S. 88°14'24" E., along the Southern boundary of said City Limits, a distance of 3469.71 feet to the Point of
Beginning.
CONTAINS: 14,216,266 square feet
Bearings are relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, (2011, epoch 2010.0).
August 8, 2017 OF
BRENT CARROLL
Brent Carroll I, -10 5410 yc
Registered Professional 4,y'M►�aSS1d•��C)
Land Surveyor No. 5410 1? SUR`��
State of Texas
Notice: This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be
used to convey or establish interests in real property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared. Page 1 of 1