HomeMy WebLinkAboutResolution - 2018-R0016 - Petition For Annexation - Ncnagab & Duhan - 01/11/2018Resolution No. 2018-R0016
Item No. 8.11
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 268.16 acres of vacant land; without residents; contiguous to the city limits;
located within an area generally bounded by 501h Street on the north, Upland Avenue on the
east, and Alcove Avenue on the west; 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 lf') 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:
Rebe a Garza, City Secreta
APPROVED AS TO CONTENT:
Bill erton, Assistant City Manager
APPROVED AS TO FORM:
ccdocs/RES. Agreement in Lieu of Petition Annexation — Public Hearing — McMahan & Duhan
January 2, 2018
Resolution No. 2018-R0016
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE
ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN
THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
AGREEMENT IN LIEU OF PETITION FOR ANNEXATION
THIS AGREEMENT IN LIEU OF PETITION FOR ANNEXATION (the "Agreement") is made
by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City"),
Milwaukee, Ltd., a Texas limited partnership, Bacon Crest, Ltd., a Texas limited partnership, and
Duhan Family Limited Partnership, a Texas limited partnership (the "Owners") (each a "Party," and
collectively the "Parties") acting by and through the Parties' representative officers and officials, and
is entered into by the Parties on January 11, 2018 (the "Effective Date").
RECITALS
WHEREAS, the City Council of the City recognizes the continued population growth and migration
trends in the Lubbock metropolitan area, and
WHEREAS, the City's Annexation and Growth Advisory Committee (the "Committee") made
findings that annexation within the City's extraterritorial jurisdiction on the western edge of the
current city limits within an area generally bounded by 341h Street on the north and the Marsha Sharp
Freeway on the south would benefit the City by allowing for orderly residential, commercial, and
similar types of development; and
WHEREAS, through Resolution 2015-R0306, the City Council adopted the Committee's Annexation
and Growth Policy Report (the "Report"), with the Report containing the Committee's findings that
the City Council should support annexation initiatives within the City's extraterritorial jurisdiction on
the western edge of the current city limits in the area generally bounded by 341h Street on the north
and the Marsha Sharp Freeway on the south ("Area E"); and
WHEREAS, through this Agreement, the Owners petition the City to annex property located within
Area E with such property being described and depicted in "Exhibit A" (the "Property"); and
WHEREAS, the City Council finds that this Agreement satisfies certain annexation requirements
under Section 43 and Section 212 of the Texas Local Government Code; and
NOW, THEREFORE, the City and the Owners enter into this Agreement for the consideration of
the conditions and promises contained herein.
AGREEMENT
Section 1. State Code Provisions; Annexation.
This Agreement is a development agreement drafted according to the provisions of Section 212.172
of the Texas Local Government Code, and this Agreement constitutes, inter alia, a voluntary petition
to the City for the annexation of the Property under the provisions of Section 43.052(h)(2) of the Texas
Agreement in Lieu of Petition Annexation —George McMahan Development, LLC & Duhan Family Management, LLC—1.11.18 Page 1
Local Government Code, without any further action on the part of the Owners or the City other than
the City's actual annexation of the Property by ordinance. The Parties agree that this Agreement
satisfies certain provisions of Chapter 43 of the Texas Local Government Code, including, but not
limited to, the requirement of the City to offer a development agreement to a property owner under
Section 43.016 of the Texas Local Government Code. The Owners may terminate this Agreement,
and by doing so, withdraw the voluntary petition for annexation, at any time before the effective date
of annexation by providing written notice to the City. Where this Agreement follows a State Code
provision that may conflict with a City Code provision, the State Code provision will apply. The City
hereby agrees to provide written notice to the Owners that the City has enacted an ordinance approving
the annexation requested under this Agreement, upon the occurrence of that event.
Section 2. Identification of the Property.
The Property is described as the property owned by the Owners within the boundaries of the area
described and depicted in Exhibit A attached hereto and incorporated herein by reference. The Owners
hereby warrant that the Property is vacant and that no qualified voters reside on the Property. The
Owners hereby warrant that no registered voters will reside on the Property prior to July 1, 2018, with
such warranty surviving the termination of this Agreement if termination occurs prior to July 1, 2018.
Section 3. Application of City Planning, Inspection, and Zoning Authority.
The City's planning, building inspection, and zoning authority will be extended to the Property only
upon the annexation of the Property. Unless otherwise allowed under State law or City ordinance, the
execution of this Agreement by the City does not authorize any development initiatives on the Property
until the Property is annexed by the City.
Section 4. Annexation not Contingent on Capital Improvements.
The Owners acknowledge that annexation of the Property contemplated under this Agreement does
not create an obligation or requirement that the City provide to the Property any capital improvements
including the construction of street, sewer, water, or storm water infrastructure. Such capital
improvements may be provided to the Property only after the annexation of the Property, according
to the City's capital improvement plan, and subject to funding available to the City to implement the
City's capital improvement plan.
Section 5. Provision of Services to the Property Upon Annexation.
Upon the annexation of the Property, the City will make available to the Property the services of the
City's Police Department, Fire Department, Animal Services Department, Planning Department, Solid
Waste Department, Building Inspection, and all other like services that would be provided to a
similarly -situated property within the city limits.
Section 6. Term.
This Agreement shall automatically terminate on the date which is six (6) months after the Effective
Date or upon the annexation of the Property, whichever shall occur first. Unless otherwise specified
in this Agreement, upon the termination of this Agreement neither Party shall have any obligations
under this Agreement, and the Owners and the Property shall be free of and unencumbered by the
requirements and restrictions set forth in this Agreement.
Agreement in Lieu of Petition Annexation —George McMahan Development, LLC & Duhan Family Management, LLC — 1.11.18 Page 2
Section 7. Agreement a Covenant Running With the Land
This Agreement shall be recorded in the Real Property Records of Lubbock County and shall be a
covenant running with the land binding upon all parties having any right, title or interest in the
Property or any part thereof, including their heirs, successors and assigns, and shall inure to the benefit
of, and be enforceable by, the Parties.
Section 8. Form and Delivery of Notice.
Any notice required or permitted under this Agreement shall be in writing and shall be delivered in
hand, by facsimile, or by registered or certified United States mail. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid. Either Party to this Agreement shall be entitled to change its notice address upon notice to
the other Party delivered in accordance with the notice provisions hereof. The Parties shall receive
notice at the following addresses:
City ofLubbock:
W. Jarrett Atkinson, City Manager
1625 131h Street
Lubbock, Texas 79457
Section 9. Enforcement.
Owners:
George McMahan, George McMahan Development, LLC
7703 LaSalle Avenue
Lubbock, Texas 79424
With a copy to:
Dexter Duhan, Duhan Management, LLC
P.O. Box 12347
Lubbock, Texas 79452
This Agreement may be enforced by either Party by any proceeding at law or in equity. Failure to do
so shall not be deemed a waiver to enforce the Agreement thereafter. The failure of either Party to
exercise or enforce any right or provision shall not constitute a waiver of such right or provision. It is
understood that by execution of this Agreement, the City does not waive or surrender any of its
governmental powers, except as expressly set forth herein.
Section 10. Entire Agreement and Severability.
This Agreement constitutes the entire agreement between the Parties and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or written between the City
and the Owners, with respect to this Agreement. If any provision contained in this Agreement is held
to be unconstitutional, invalid, or unenforceable, then the remaining provisions shall be deemed
severable and shall remain in full force and effect.
Section 11. Section Headings, Subheadings, and Recitals.
The section headings and subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement. Each of the recitals contained
herein, by this reference, shall be incorporated into, and deemed a part of, this Agreement.
Agreement in Lieu of Petition Annexation —George McMahan Development, LLC & Duhan Family Management, LLC— 1.11.18 Page 3
Section 12. Counterparts and Modification of Agreement.
This Agreement may be executed in two (2) or more counterparts, each of which shall constitute an
original. This Agreement cannot be modified or amended without the written consent of all the parties
hereto and attached and made a part of this Agreement. The City or the Grantee may amend this
Agreement at any time, provided that such amendments make specific reference to this Agreement,
are executed in writing, signed by a duly authorized representative of both Parties, and approved by
the City Council. Such amendments shall neither invalidate this Agreement nor relieve or release the
City or the Grantee from its obligations under this Agreement.
Section 13. Governing Law and Venue.
This Agreement shall be governed by the laws of the State of Texas. Venue shall be in the State courts
located in Lubbock County, Texas or the United States District Court for the Northern District of
Texas, Lubbock Division. The City shall not be subject to any arbitration process for any dispute that
might arise under this Agreement prior to exercising its unrestricted right to seek judicial remedy.
Section 14. Indemnity and Release.
1. THE OWNERS SHALL INDEMNIFY AND HOLD HARMLESS, TO THE FULLEST 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 OWNERS SHALL PAY TO THE CITY, THE CITY'S RESPECTIVE OFFICERS, EMPLOYEES, ELECTED
OFFICIALS, AND OR AGENTS, AS APPLICABLE, ALL ATTORNEYS' FEES INCURRED BY ENFORCING THE
OWNERS' INDEMNITY HEREIN.
3. THE CITY, AND ITS RESPECTIVE OFFICERS, EMPLOYEES, ELECTED OFFICIALS, AND AGENTS SHALL
NOT BE LIABLE, AND THE OWNERS HEREBY RELEASE THE CITY, AND ITS RESPECTIVE OFFICERS,
EMPLOYEES, ELECTED OFFICIALS, AND AGENTS, FOR, FROM, AND AGAINST ANY LOSSES, DAMAGES,
CLAIMS, OR LIABILITIES TO THE OWNERS.
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 Owners shall at all times
remain "independent contractors" with respect to any requirement under this Agreement.
Section 16. Riaht to Exercise.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. To the extent of any conflict between this provision and another provision in,
or related to, this Agreement, the former shall control.
Agreement in Lieu of Petition Annexation — George McMahan Development, LLC & Duhan Family Management, LLC—1.11.18 Page 4
Section 17. Assi2nability.
The Owners shall not assign or transfer any interest in this Agreement without the prior written consent
of the City. Notice of any such assignment or transfer shall be furnished promptly to the City.
Section 18. Chapter 2270, Subtitle F, Title 10, Texas Government Code and Senate Bill 252.
The Grantee warrants that it is in compliance with Chapter 2270, Subtitle F, Title 10 of the Texas
Government Code by verifying that it does not boycott Israel, and that it will not boycott Israel during
the term of this Agreement. Texas Senate Bill 252 prohibits the City from entering into a contract with
a vendor that is identified by The Comptroller as a company known to have contracts with or provide
supplies or service with Iran, Sudan or a foreign terrorist organization.
IN WITNESS WHEREOF, the Parties hereby enter into this Agreement as of the Effective Date.
FOR: THE CITY
DANI L M. POPE, MA OR
ATTEST:
SIGNATURES
FOR: THE OWNERS
�� y a �_U_
eorge ahan, Manager,
George McMahan Development, LLC
(General Partner of Milwaukee, Ltd., and Bacon Crest, Ltd.)
FOR: THE OWNERS
, anageDexter r,
Duhan Management, LLC
(General Partner of Duhan Family Limited Partnership)
Agreement in Lieu of Petition Annexation —George McMahan Development, LLC & Duhan Family Management, LLC— 1.11.18 Page 5
APPROVED AS TO CONTENT:
W. J tt Atkinson, City Manager
APPROVED AS TO FORM:
Agreement in Lieu of Petition Annexation — George McMahan Development, LLC & Duhan Family Management, LLC—1.11.18 Page 6
Proposed Petition Annexation Area (268.16 ac)
As required by Chapter 2051, SUBCHAPTER D. GEOSPATIAL 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.
NOTARIZATION
City of Lubbock
State of Texas §
County of Lubbock §
This instrument was executed before me on 20 I U by t&RO M . Y ,
D. T NAME
MuDe.
of the City of Lubbock, a Texas municipal corporation, on behalf of said
TIT E
corporation. - FOMY
GEN D. MURCHISCNNotary Public, State of TexasNotary IN 12937411-2
Commission Expires 04 03 2021
Notary P lic
George McMahan Development, LLC
State of Texas §
County of Lubbock §
This instrument was executed before me on 6kflt jq 20Aj—, by A-jVL#bA,
DATE _ I;
f of
TVLE
on behalf of said company.
4 WVmONAT, k - Wr - 4 - I
15 2 ITT.,
State of Texas §
County of Lubbock §
COMPANY NAME
Y PUe�C` JENNIFER SOWDER CLEMENTS
* * Notary Public, State of Texas
Notary IN 12497068.3
00 My Commission Expires 06-28.2020
Duhan Management, LLC
This instrument was executed before me on 20 , , by bex-TE.R �UoAr ,
DA NAME
G11W0 a of b k4MA1 . ' iy rAIr i,L.C-,�
TITLE COMPANY NAME
on behalf of said company.
"AAd'.
a�
Notary Public
DANNIE MASON
Notary Public, State of Texas
oF- My Commission Expires 11.05.2019
Agreement in Lieu of Petition Annexation —George McMahan Development, LLC & Duhan Family Management, LLC— 1.11.18 Page 7
EXHIBIT A
The Property — Metes & Bounds Description
Agreement in Lieu of Petition Annexation —George McMahan Development, LLC & Duhan Family Management, LLC—1.11.18 Page 8
CZA:i�* AMD ENGINEERING, LLC
Metes and Bounds Description on a 268.16 acre (11,680,925 sq. ft.) tract of land out of
Section 34, Block AK, Lubbock County, Texas, and being more particularly described as
follows;
Beginning at point for Northwest corner of Section 34, Block AK and for the Northwest
and beginning corner of this tract;
Thence S88°08'31 "E, a distance of 2640.07 feet, as described in County Clerk File
Number 2014029888, Official Public Records of Lubbock County, Texas, to a point for a
corner of this tract;
Thence SO1 °51'42"W, a distance of 572.04 feet, as described in County Clerk File
Number 2014029888, Official Public Records of Lubbock County, Texas, to a point for a
coiner of this tract;
Thence S88° 11' 11 "E, a distance of 659.53 feet, as described in County Clerk File
Number 2013050170, Official Public Records of Lubbock County, Texas, to a point for a
corner of this tract;
Thence NO1 °50'07"E, a distance of 345.53 feet, as described in County Clerk File
Number 2013050170, Official Public Records of Lubbock County, Texas, to a point for a
corner of this tract;
Thence S88°08'21 "E, a distance of 661.09 feet, as described in County Clerk File
Number 2013050170, Official Public Records of Lubbock County, Texas, to a point for a
corner of this tract;
Thence NO1°52'41"E, a distance of 226.04 feet, as described in County Cleric File
Number 2013050170, Official Public Records of Lubbock County, Texas, to a point for a
coiner of this tract;
Thence S88°08'31"E, a distance of 663.27 feet, as described in County Clerk File
Number 2013050170, Official Public Records of Lubbock County, Texas, and along the
North line of that tract described in Volume 9540, Page 183, to a point in the present city
limits line as described in ordinance No. 10117, for the Northeast corner of this tract;
Thence SO1 °51'34"W, along the West line of said city limits line, a distance of 2639.63
feet to a point for the Southeast corner of this tract;
Thence N88°09'42"W, a distance of 1983.82 feet, as described in County Clerk File
Number 2013050170, Official Public Records of Lubbock County, Texas, and along the
South line of said tract described in Volume 9540, Page 183, to a point for a coiner of
this tract;
2807 74"' Street, Suite 8 TX. Lic. Surv. Firm #101785-00 Office: (806) 771-5976
Lubbock, Texas 79423 www.amdeng.com Fax: (806) 771-7625
AMD ENGINEERING, LLC
Thence N88108'02"W, a distance of 2640.14 feet, as described in County Clerk File
Number 2014029888, Official Public Records of Lubbock County, Texas, to a point for
the Southwest corner of this tract;
Thence NO1 °51'42"E, a distance of 2639.94 feet, as described in County Clerk File
Number 2014029888, Official Public Records of Lubbock County, Texas, to the Point of
Beginning.
Containing 268.16 acres (11,680,925 sq. ft.)
Bearings are based on the Texas Coordinate System of 1983, North Central Zone.
"This document was prepared under 22 TAC §663.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interest implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared."
Job No. 16228
January 2, 2018
Charles Lynn Sawyer
Professional Land Surveyor Number
OF
<V 5809
2807 740' Street, Suite 8 TX. Lie. Surv. Firm #101785-00 Office: (806) 771-5976
Lubbock, Texas 79423 www.amdeng.com Fax: (806) 771-7625
The Property — Map Depiction
Agreement in Lieu of Petition Annexation —George McMahan Development, LLC & Duhan Family Management, LLC—1.11.18 Page 9