HomeMy WebLinkAboutOrdinance - 2022-O0066 - Annexation Of 124.511 Acres At 4Th St And Upland Ave With Kinsey Trust - 04/12/2022First Reading Second Reading a
April 12, 2022 April 26, 2022 = m
Item No. 8.17 Item No. 8.5 m
ORDINANCE NO. 2022-00066 11F A
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AN ORDINANCE: ANNEXING INTO THE CITY OF LUBBOCK, TEXAS OF AN
AREA GENERALLY DESCRIBED AS APPROXIMATELY 124.511 ACRES, Mffiy
ADJACENT TO THE NORTHWESTERN CITY LIMITS OF THE CITY OF r G
LUBBOCK, NORTH OF 4TH STREET AND EAST OF UPLAND AVENUE, K o
LUBBOCK COUNTY, TEXAS, WITH SUCH AREA BEING CONTIGUOUS TO THE 1
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 approximately35
124.511 acres, adjacent to the northwestern city limits of the City of Lubbock, north of 4th MR -
Street and east of Upland 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 Petitioners at the City Council's regularly scheduled meeting on
March 8, 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 April 12, 2022
Passed by the City Council on second reading on April 26, 2022
ATTEST:
Rekiec a'G.4xza, City Sect
APPItOV D. AS •TO'CONTENT:
Bry s o tinning
L�"&
DANIEL M. POPE, MAYOR
Page 2 of 3
APPROVED AS TO FORM:
16 ( AAXX&
KJ11i Leisure, Assistant City Attorney
Ord. Annexation -Petition Annexation Kinsey and Lewis
3.21.22
Page 3 of 3
Resolution No. 2022-RO121
Item No. 8.9
March 8, 2022
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of Lubbock, an Annexation Agreement, by and between the City of
Lubbock, Mona Lewis, and The Kinsey 2015 Real Estate Trust, and related documents. Said
Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and
shall be included in the minutes of the City Council.
Passed by the City Council on March 8, 2022
DANIEL M. POPE, MAYOR
ATTEST:
Reb Garza, City SecretiN
APPROVED AS TO CONTENT:
Jesica McEachern, Assistant City Manager
APPROVED AS TO FORM:
1//& - &) M �
lli Leisure, Assistant City Attorney
ccdocs/RES.AnnexationAgreement_Lewis and Kinsey Trust
2.14.22
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF LUBBOCK, TEXAS, MONA LEWIS
AND CODY KINSEY AS TRUSTEE OF THE KINSEY 2015 REAL ESTATE TRUST
This Municipal Services Agreement ("Agreement') is entered into on 8th day of
March , 2022 by and between the City of Lubbock, Texas, a home -rule municipality of
the State of Texas, ("City') Mona Lewis, and Cody Kinsey as Trustee of the Kinsey 2015 Real
Estate Trust ("Owners'l, collectively referred to as ("Parties').
RECITALS
The Parties agree that the following recitals are true and correct and form the basis upon
which the Parties have entered into this Agreement.
WHEREAS, Section 43.0671 of the Local Government Code ("LGC') permits the City to
annex an area when each owner of land in an area requests the annexation;
WHEREAS, the Owners own certain parcels of land situated in Lubbock, Texas which
consists of approximately 124.511 acres of land in the City's extraterritorial jurisdiction, such
property being more particularly descnbed and set forth in "Exhibit A" attached to and
incorporated herein ("Property");
WHEREAS, where the City elects to annex such an area, the City is required to enter into
a written agreement with the property owner that sets forth the City services to be provided for the
Property;
WHEREAS, Owners have filed a written request with the City for full purpose annexation
of the Property, and said petition for annexation is set forth as "Exhibit B" attached to and
incorporated herein ("Petition');
WHEREAS, the City and the Owners desire to set out the City services to be provided for
the Property on or after the effective date of annexation;
WHEREAS, the annexation and execution of this Agreement are subject to approval by
the Lubbock City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, the City and the Owners agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of
the annexation.
Page 1 of 12
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with the service plan below and
state law, which may be accomplished through any means permitted by law.
3. MUNICIPAL SERVICES.
A. Commencing on the effective date of annexation, the City will provide the
municipal services set forth below. As used in this Agreement, "providing services"
includes having services provided by any method or means by which the City may extend
municipal services to any other area of the City, including the City's infrastructure
extension policies and developer or property owner participation in accordance with the
applicable city ordinances, rules, regulations, and policies.
i. Fire Services
a. Existing Services: None
b. Services to be Provided.• Fire suppression will be available to the area upon
annexation. Primary fire response will be provided by Fire Station No. 3,
located at 6420 25th Street, Station No. 13, located at 540 N. Fulton
Avenue, and Station No. 7, located at 202 Slide Road. Station No. 3 is
approximately 2.1 miles from the proposed annexation with an approximate
response time of 3 to 4 minutes. Station 13 is approximately 2.5 miles from
the proposed annexation with an approximate response time of 3 to 4
minutes. Station No. 7 is approximately 2.8 miles from the proposed
annexation with an approximate response time of 3 to 4 minutes. Fire
suppression activities can be afforded to the annexed area with an
acceptable response time within current appropriation. Fire Prevention
activities will be provided by the Fire Marshal's office as needed.
ii. First Responder Emergency Medical Services
a. Existing Services: None
b. Services to be Provided: Lubbock Fire Rescue is a Basic Life Support
(BLS) First Responder Organization. BLS First Responder emergency
medical response will be provided Fire Station No. 3, located at 6420 25th
Street, Station No. 13, located at 540 N. Fulton Avenue, and Station No. 7,
located at 202 Slide Road. Station No. 3 is approximately 2.1 miles from
the proposed annexation with an approximate response time of 3 to 4
minutes. Station 13 is approximately 2.5 miles from the proposed
annexation with an approximate response time of 3 to 4 minutes. Station
No. 7 is approximately 2.8 miles from the proposed annexation with an
Page 2 of 12
approximate response time of 3 to 4 minutes. First Responder Emergency
Medical Services can be afforded to the annexed area with an acceptable
response time within current appropriation. Emergency medical transport is
provided by the Lubbock County Hospital District.
iii. Police Services
a. Existing Services: None
b. Services to be Provided: The Police Department's responsibility for
responding to emergency and non -emergency law enforcement calls for
service and to provide law enforcement patrol coverage in an effort to
prevent, reduce, mitigate and solve crimes will extend to this area on the
effective date. These services can be provided within the department's
current budget.
iv. Building Safety Services
a. Existing Services: None
b. Services to be Provided. The Building Safety Department will provide
construction code enforcement services upon annexation. This includes
construction plan review and field inspection services and the issuance of
building, electrical, and plumbing/mechanical permits for any new
construction and remodeling, as well as enforcement of all other applicable
laws and codes that regulate building construction within the City of
Lubbock. As land is developed, the need for additional personnel and
budget appropriations will be dependent upon the type, intensity and rate of
development within the annexed area as well as areas that compete for those
resources.
V. Planning and Zoning Services
a. Existing Services: Subdivisions of land within the five -mile extraterritorial
jurisdiction (ETJ) of the city are required to have a plat of the subdivision
prepared in accordance with the City of Lubbock subdivision regulations.
Currently, plats and subdivisions in the ETJ are approved by the Planning
and Zoning Commission, as well as the County Commissioner's Court, as
may be dictated by applicable state statutes and City ordinances. Similarly,
signs and billboards are regulated within the ETJ pursuant to the City's sign
ordinance, as authorized by State law. No other Planning department
services are authorized or offered outside of the City limits, including
zoning.
Page 3 of 12
b. Services to be Provided. The Planning and Zoning Department's
responsibility for regulating development and land use through the
administration of the City of Lubbock Zoning Ordinance will extend to this
area on the effective date of the annexation. The annexed areas will also
continue to be regulated under the requirements of the City of Lubbock
Subdivision Ordinance. These services can be provided within the
department's current budget.
vi. GIS and Data Services
a. Existing Services: None
b. Services to be Provided. GIS and Data Services will update all city-wide
GIS data sets to include the newly annexed areas. This will include support
to the Office of City Secretary for elections requirements, to Building
Inspection, Streets and Traffic Engineering for addresses, street names and
street signs, and to Planning for transitional zoning. GIS will facilitate a
meeting with Lubbock Emergency Communication District, Police and Fire
for determination of updated information for 911 Dispatch. Updated GIS
information that is public will also be reflected on the GIS mapping website
for citizens.
vii. Publicly Owned Parks. Facilities. and Buildings
a. Existing Services: City of Lubbock Library's materials, services, and
programs are currently available to anyone who lives in Lubbock County.
b. Services to be Provided: Residents of the Property will be permitted to
utilize all existing publicly -owned and available parks, facilities (including
community service facilities, libraries, swimming pools, etc.) and buildings
throughout the City. Upon the effective date of annexation, staff will study
areas to be included in future versions of the Parks Master Plan. Any
addition of parkland will create additional expenses to the Parks and
Recreation operating budget. The Library will continue to provide services
to all of Lubbock County, including the area to be annexed These services
are provided within the department's current budget.
viii. Code Administration/Environmental Health Services
a. Existing Services: None
b. Services to be Provided. The City of Lubbock's Code
Administration/Environmental Health Departments will implement the
Page 4 of 12
enforcement of local ordinances and regulations on the effective date of the
annexation. Such services can be provided with current Code
Administration/Health Department Personnel and within the current budget
appropriation. As land is developed, increases in personnel and budget will
be needed in order to provide the same level of customer service.
ix. Animal Services
a. Existing Services: None. Currently, the area is under the jurisdiction of the
Lubbock County Sheriff's Office.
b. Services to be Provided: Animal control services will be provided to the
area as needed The City of Lubbock Animal Services Department will
implement the enforcement of the City of Lubbock's animal control
ordinances and regulations upon the effective date of the annexation. It is
anticipated that such services can be provided with current personnel and
budget appropriation, but response times may increase.
X. Street Services
a. Existing Services: City of Lubbock Public Works currently maintains any
roads that are within the City of Lubbock City Limits adjacent to these plats.
b.Services to be Provided: Newly annexed areas adjacent to, or bordering,
unpaved arterials will require a two-lane section of roadway to be built
along with the development adjacent to the property owned with
interconnectivity to adjacent paved arterial streets. The pavement structure
will require an appropriate pavement design meeting a minimum design
standard for an arterial street. These roadways will be required to be built
once any connection including streets or alleyways is made to the unpaved
arterial road by the voluntary annexation area The developer will receive
offsets from impact fees as the adjacent unpaved arterial roadway is built.
c. Impact Fees: This annexation will be considered as part of Service Area
"A" for Roadway Impact Fees and will pay the fees accordingly per said
Service Area.
xi. Storm Water Management Services
a. Existing Services: City maintains jurisdiction of playa lakes within the ETJ.
TCEQ (Texas Commission on Environmental Quality) has jurisdiction of
enforcement and compliance with stormwater related permits outside the
City limits.
Page 5 of 12
b. Services to be Provided: As land is developed, developers will provide
plans for addressing the conveyance of storm water drainage. The
Development Engineering staff will review the drainage plans for
compliance with the current drainage regulations and policies. Any major
improvements for conveyance will be inspected for compliance by the city
staff at time of completion. Additionally, as land is developed and building
permits are requested, Storm Water staff reviews each permit request for
compliance with the Chapters 22 (City's Stormwater permit) and Chapter
30 (Lakes and Floodplains) of the City Code. After permit issuance,
inspections of the construction sites are to ensure compliance with the City
Code and state regulations. Depending on the type and intensity of
development within the annexed area, the need for additional personnel and
budget appropriations may be needed to provide adequate customer service
(development and permit review and inspections). TCEQ Stormwater
permit holders will be transitioned from TCEQ oversight to City of
Lubbock oversight, i.e. inspection and compliance of these existing
facilities will now be the responsibility of the Storm Water Staff.
xii. Sheet Lighting
a. Existing Services: None
b. Services to be Provided: The City of Lubbock will coordinate any request
for improved street lighting with the local electric provider in accordance
with standard policy.
xiii. Traffic En nig eering Services
a. Existing Services: None
b. Services to be Provided: Upon annexation and in conjunction with the
platting process, Traffic Engineering will identify and install required traffic
signs to be installed at the developer's expense. Other regulatory traffic
control devices will be provided after appropriate studies indicate the data
meets the minimum requirements as set forth in the Texas Manual on
Uniform Traffic Control Devices (TMUTCD) and as budget permits.
xiv. Water and Sanitary Sewer Services
a. Existing Services: None
b. Services to be Provided: Water and sewer infrastructure is not currently
adjacent to this area within the existing City Limits. Availability of water
Page 6 of 12
and sewer is at the request and expense of the user, and shall be provided
within current policies and ordinances of the City (note below for an
explanation of pro-rata charges). Water and sewer for domestic and
commercial use, when installed, will be available at approved City rates.
Water for fire protection will be available through lines only after service
lines are installed by the developer.
Pro -Rota Charges:
Chapter 22, City Code establishes the charges or the actual cost of
construction due on all property to which water and/or sewer lines are
extended. The charge is generally known as `pro -rats" and is due and
payable before service is provided. The pro-rata charge represents a portion
of the costs of providing water and/or sewer facilities to serve the property
on which the pro-rata is paid. When a person desires water and/or sewer
service to property that requires an extension of existing facilities to provide
service adjacent to the property or when the service connection will be made
to a line constructed after April 1, 1952, the person desiring service shall
pay non-refundable charge called pro-rata. 2005 pro-rata charges include
$15.00 per front foot of lot or tract to be serviced for sewer and $12.00 for
water, unless the actual extension cost is greater, then the charge is per
actual cost. When an extension of water/sewer facilities exceeds the above
costs, the person(s) desiring service shall pay the entire cost and later be
refunded that amount above pro-rata when other persons tie onto service
and pay their pro-rata. Ordinance 8017 specifies other items including:
A. Pro-rata on property already platted, and extension of services,
B. Pro-rata and extensions to property being Plate,
C. Sizes of lines and meter sizes,
D. Location for service connection,
E. Deposits, charges, refunds,
F. Cost of large mains may be partially paid by City, and other
consideration, or
G. When the City Council can declare a health hazard and install mains
at public expense.
c. Both Water and Sewer will require a study in order to assure services to the
voluntary annexation. Nearly all the voluntary annexation area is outside
of our current Water and Sewer Models and Master Plan for potential
Capital Projects.
1. The City is currently working on a plan to have these studied in the
coming months.
Page 7of12
d.Water will need to be looped appropriately to ensure appropriate fire flows
as well as assuring no dead end water mains are left within the system once
developed The water loop will be required within three (3) years of
installation of a dead end water main or upon the issuance of four hundred
(400) building permits, whichever is first.
e. The annexation area will require a lift station in order to receive sewer
services. The lift station shall be sized as to minimize the number of lift
stations which will be turned over to the City of Lubbock. The Lift Station
will service the entirety of the voluntary annexed area if feasibly possible.
xv. Solid Waste Services
a. Existing Services: None
b. Services to be Provided: Solid Waste Collection shall be provided to the
area of annexation in accordance with the present ordinance. Service shall
comply with existing City policies, beginning with occupancy of structures.
Since there is potential residential growth within this area of annexation,
impact to services has been determined to be gradual. Additional driver and
equipment can be projected when 1,000 residential unit structures are
occupied, and an increase in staffing and equipment will be needed as
development continues within this proposed annexation area and exceeds
route collection averages. The landfill will be able to handle this request.
The only impact would be that the City could anticipate landfilling
additional solid waste tonnage and ultimately developing the next landfill
cell sooner than currently projected
c.Service Route: Until such time as adjacent unpaved roadways are built all
City Solid Waste services will be routed through and upon Paved Arterial
Roadways only. Solid Waste will not route trucks down unpaved roadways
to service alleyways in any case.
B. It is understood and agreed that the City is not required to provide a service that is
not included in this agreement.
C. Owners understand and acknowledge that the City departments listed above may
change name or be -reorganized by the City Manager. Any reference to a specific
department also includes any subsequent department that will provide the same or similar
services.
Page 8 of 12
4. AUTHORITY. City and Owners represent that they have full power, authority and legal
right to execute, deliver and perform their obligations pursuant to this Agreement. Owners
acknowledge that approval of the annexation is within the sole jurisdiction of the City
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
S. SEVERABILITY. If any park, term, or provision of this Agreement is held by the courts
to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or
unenforceability will not affect the validity of any other part, term or provision, and the
rights of the Parties will be construed as if the part, term, or provision was never part of the
Agreement.
6. INTERPRETATION. The Parties to this Agreement covenant and agree that in any
litigation relating to this Agreement, the terns and conditions of the Agreement will be
interpreted according to the laws of the State of Texas. The Parties acknowledge that they
are of equal bargaining power and that to each of them it was recommended to seek legal
advice and each Party was given adequate opportunity to seek representation of legal
counsel in the negotiation and drafting of this Agreement.
7. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Lubbock
County, Texas and construed in conformity with the provisions of Texas Local
Government Code Chapter 43.
8. NO WAIVER. The failure to either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right grated hereunder shall not constitute a
waiver of that parry's right to insist upon appropriate performance or to assert any such
right on any future occasion.
9. GOVERNMENTAL POWERS. It is understood that by execution of thus Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
10. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
11. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the term and conditions of this
Agreement.
12. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE LAND. This
Agreement is binding on and inures to the benefit of the Parties, their successors, and
assigns. The term of this Agreement constitutes covenants running with the land
comprising the Properties and is binding on the Owner.
Page 9 of 12
13. CH. 43 DISCLOSURE IN COMPLIANCE WITH THE TEXAS LOCAL
GOVERNMENT CODE SEC. 43.004
A. The City discloses that the Landowner is not required to enter into this agreement,
however if the Landowner desires to have their property annexed, the Texas Local
Government Code Sec. 43.0672 requires a written agreement for the provision of
municipal services;
B. The City may, in compliance with and under the authority of the Texas Local
Government Code Subchapter C-3, annex the Landowner's property upon the
Landowner's request;
C. The procedural mechanisms in order to annex the Landowners property shall be as
follows:
1. The Landowner of the property must petition the City requesting the
annexation of Landowner's property,
2. If the City desires to annex Landowner's property, a written agreement shall
be made with each Landowner requesting property to be annexed and said
agreement shall include:
a. All of the services the City will provide to the property once annexed;
and
b. A schedule of any services the City will provide at a later time, if not
at the time of annexation.
D. The above procedures shall require the consent and signature of the City and the
Landowner, and
E. The City waives immunity from suit for the purpose of adjudicating a claim for breach
of the agreement.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior oral and written agreements between said Parties. This
Agreement shall not be amended unless executed in writing by all Parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 10 of 12
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK
L--�-A
DANIEL M. POPE, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
J&Aot��
Keffi Leisure, Assistant City Attorney
['RUST
SUBSCRIBED AND SWORN TO BEFORE ME on the
day of 3N6 day of MaUk , 20 22 , to
certify which witness my hand and official seal.
L
'r CRISTINA HIDALGO
�- .:Notary Public, State of Texai
="=Comm. Expires 03-09-2025
[Sean ill Notary 10 126028997
[Signature]
[Printed name]
Notary Public in and for
the State of Texas
Page 11 of 12
OWNER:
MOIlA I.eW13
SUBSCRIBED AND SWORN TO BEFORE
ME on the day of IVA day of v VN
20_2�, to nd and official
Seal. ��"Y��•CRISTINA HIDALGO
Notary Public, State of Texas
Comm. Expires 03-09-2026
'�%i;°���.•� Notary ID 126026997
[Sean
[Signature] &&rVVie �D
[Printed name) DASnVIOL
Notary Public in and for
the State of Texas
Page 12 of 12
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R2M
E N G I N E E R I N G www.R2Meniz.com
CIVIL - ENVIRONMENTAL - SAFETY 5012 501 Street, Suite 204 Lubbock, TX 79414 P: (806) 783-9944 F: (806) 783-9966
EXHIBIT "A"
Field Notes for Exhibit A, 124.511 acres out of Section 3 and 4, Block JS, for Annexation
124.511 Acres being;
1.) 2.504 acres - Upland Avenue ROW out of Section 4, Block JS, TT RR Co. Survey, Lubbock County, Texas
recorded in Friendship Estates Subdivision in Volume 1922, Page 404 of the Official Public Records of Lubbock
County (OPRLC).
2.) 120.278 acres — Out of the total SW: 4 of Section 3, Block JS, TT RR Co. Survey, Lubbock County, Texas
conveyed to Mona Dell Lewis in Instrument No. 2010032354 of OPRLC.
3.) 1.729 acres — Out of Quincy Avenue ROW recorded in Terra Estates North Lots 1-95 Volume 1529 Page 955
and Terra Estates North Lot 96 —191 Volume 1529 Page 968 of the OPRLC.
And being further described by metes, bounds and Texas Coordinate System (NAD 83 (2011)) North Central Zone
(4202) as follows:
BEGINNING at a point in the West ROW of Upland Ave per said Friendship Estates from which point the NW
corner of the SW quarter corner of said Section 3 bears S 88' 10'08" E 55.00' to an iron pin set with cap "R2M
RPLS 1871" also being the NW corner of said 120.278 acre tract, having NCZ coordinates of North 7282376.33,
East 910743.55, from which point an iron pin found for the NW Corner of Section 3 bears N 01 *49'18" E a distance
of 2643.28', having NCZ coordinates North 7285017.71 East 910827.55 and from which point the SW corner of
Section 3 bears S 0l °49' 18" W a distance of 2643.28', having NCZ coordinates North 7279734.96, East 910659.54;
THENCE S 88010'08" E common to the north boundary of said SW quarter of Section 3, and the south boundary of
a tract deeded to Kui Young Chen Estate Trust in instrument number 2016034386 OPRLC, a distance of 2643.76' to
an iron pin found for the NE corner of said Lewis Tract and the NW corner of said Terra Estates North Lots 1-95;
THENCE S 88009'37" E common to the north boundary of said Terra Estates North Lots 1-95 and the south
boundary of a tract deeded to Roberta Leigh Hunter in instrument number 2000011755 OPRLC, a distance of 46.99'
to a point along the north ROW line of Auburn Street for the NE comer of this 124.511 acres;
THENCE S 01 °50'23" W across Auburn Street in said Terra Estates North Lots 1-95, a distance of 32' to a point
along the southern ROW line of Auburn Street;
THENCE along a curve to the left with a central angle of 89°59'25" and a chord bearing of S 46°50'41" W, chord
length of 21.21', arc length 23.56', and a radius of 15' along the south ROW line of Auburn Street, to a point along
the east ROW of Quincy Ave;
THENCE S 01 °50'S8" W (record S 00°02'44" E) along the East ROW of Quincy Ave. per said Terra Estates North
Lots 1-95 and said Terra Estates North Lots 96-191, a total distance of 2289.65' to a point in the east boundary of
Quincy Ave also intersecting the City of Lubbock city limit line recorded in ordinance no. 8660, dated 9/27 1984;
THENCE N 88011'07" W along the said City of Lubbock city limit line a distance of 32' to a point in the west ROW
of Quincy Ave.;
THENCE N 01050'58" E continuing along the said City of Lubbock city limit line and said west ROW line of
Quincy Avenue a distance of 355.68' to a point;
THENCE N 88013'08" W along the said City of Lubbock city limit line a distance of 2642.79' through the interior
of said Lewis tract to a point in the west boundary of said Section 3;
Texas Registered Engineering Firm F-9992
Texas Licensed Survey Finn 10193863
Texas Licensed Asbestos Consultant Agency 100535
MSHA and OSHA Authorized Outreach Trainers
HUB & DBE Certified Finn
R2M
E N G I N E E R I N G www.P,2Meng.com
CIVIL - ENVIRONMENTAL • SAFETY 5012 501h Street, Suite 204 Lubbock, TX 79414 R (806) 783-9944 F: (806) 783-9966
THENCE N 88013'08" W along the said City of Lubbock city limit line and across the ROW of Upland Avenue also
now being in Section 4, a distance of 55' to a point along the West boundary of the ROW of Upland Avenue per
said Friendship Estates;
THENCE N 01049'18" E along the West ROW line of Upland Avenue per said Friendship Estates, a distance of
1983.33' to the Point of Beginning and having a total annexed area of 124.511 acres.
August 13, 2021
..........................
JERYL D. HART, JR.
Jeryl D. Registered aProfessional Land Surveyor No. 1871 9ti0 SIJRV��OQ
State of Texas
This document was prepared tinder 22TAC 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.
Texas Registered Engineering Firm F-9992
Texas Licensed Survey Firm 10193863
Texas Licensed Asbestos Consultant Agency 100535
MSHA and OSHA Authorized Outreach Trainers
HUB & DBE Certified Firm
Proposed Annexation Area (124.511 ac) Located ire
the Southwest Quarter of Section 3, Block JS, Lubbock 1
Digita Orthophotography-Apn12020
As required by Chapter 2051. Geospahal Data Products of the
Government Code, this product is for mformatwna. purposes 0 500 1000 1500 2000
and may rat have been prepared for or be su-tabe for legal.
engineering. or surveying purposes. It does not represent an
on -the -ground survey and represents only the approx mate relative
location of property boundaries Feet
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, 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.
1! I
N "'"1"Wo—valia"
Signed:
Signed:
THE STATE OF TEXA
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared 4 r IMO- ,
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.
11ZGiven under my hand and seal of office, this day of , 20 02
CHRISTY SMITH
Notary ID #130937213
My Commission Expires
''ror December 19, 2024 Notary Public in and for ,(14��� County,
Texas.
City of Lubbock • Planning Department " (806) 775-2108 "1625 13"1 St, #107 • Lubbock, TX 79401 Page 1 of 1
4Lubgo'y�k
-
VOLUNTARY ANNEXATION APPLICATION
APPLICATION IS NOT VALID WITHOUT COMPLETION OF ALL PAGES AND SIGNATURES
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).
0 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.
0 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).
Property Owner(s): Mona D. Lewis
Address: 5507 27th St
Address: Lubbock, TX 79407
Telephone: ( 806) 781-3181 Email: kirbylewiscotton@gmail.com
Telephone: ( Email:
Acreage of property:
120.278
Number of lots and proposed use: Proposed Lewis Farms, 613 Lots (Residential),
Tract A (Commercial),Tract E (Landscaping), Tract F (Private Park), Tract H & I (Drainage and Utility Easement)
g;nectc one:
❑ I will represent my application and petition before city staff and the City Council.
0 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 signature
Please note: The signature of owner authorizes the City of Lubbock staff to visit and inspect the prooerty that is subject to this application The
representative is the official contact ncrson for this oroiect and the singlc 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) 775-2108.1625 131, St, #107 • Lubbock, TX 79401 Page I of 1
4,7
4�' City of
Lubbock
AFFIDAVIT DESIGNATING REPRESENTATIVE
AFFIDAVIT IS NOT VALID WITHOUT COMPLETION OF ALL PAGES AND SIGNATURES — FOR MULTIPLE
PROPERTY OWNERS, SUBMIT ONE AFFIDAVIT PER OWNER
1, Mona D. Lewis , make this affidavit and hereby on oath state that:
I, being the 0 sole 0 partial owner of the following property:
Property Address City State Zip
Phone Email
Legal description of property (can be found on property tax statement or at www.lubbockcad.org:
120.278 acre tract out of the SW quarter of Section 3, Block JS, Abstract A-238, TT RR Co. Survey,
Lubbock County, Texas, being out of the parent tract recoded in Instrument 2010032354
of the Official Public Records of Lubbock County (OPRLC), Texas
give my permission to below named representative, to apply for approval of an application (attach to application) to the,
City of Lubbock on the above -described property.
R2M Engineering LLC.
Representative's organization or entity (printed)
Signed this day of , 20_21_.
12
Notary Public Information:
THE STATE OF TEXAS, COUNTY OF
BEFORE ME, the undersigned authority, this day personally appeared
and on oath stated that the facts hereinabove arreetrue to the best of their knowledge or belief. SWORN TO
AND SUBSCRIBED before me on this the J day of , 20 OZ 1 .
a
CHRISTY SMITH
Notary ID #130937218
My Commission Expires Notary Public, State of Texas
December 19, 2024
city of Lubbock • Planning Department • (806) 775-2108.1625 131 St, #107 • Lubbock, TX 79401 Page I of 1
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
c�
Kelly Plnlon Countyy Clerk
Lubbock County TEXRS
05/02//2022 02:46 PM
2022020964