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HomeMy WebLinkAboutOrdinance - 2019-O0030 - Annexation - Michael Postar, 17 Acres - 03/12/2019 First Reading Second Ld+lel, `.1.. N �� . Second Reading � February 25, 2019 March 12, 2019 a Item No. 8.7 ORDINANCE NO. 2019-00030 Item No. 8.6 o W LO AN ORDINANCE ANNEXING AN AREA OF LAND INTO THE CITY OF LUBBOCK, TEXAS, WITH SAID AREA BEING GENERALLY DESCRIBED AS APPROXIMATELY SEVENTEEN (17) ACRES OUT OF BLOCK AK, SECTION �0 FIVE (5), AB 163, TRACT A, LUBBOCK COUNTY, TEXAS, AND IDENTIFIED BY THE LUBBOCK CENTRAL APPRAISAL DISTRICT REFERENCE NUMBER R129250, AND MORE SPECIFICALLY IDENTIFIED IN "EXHIBIT A" OF THIS •ter ORDINANCE, AND IS ADJACENT TO AND ABUTS THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS, AND WHICH CONTAINS FEWER THAN ONE HUNDRED (100) SEPARATE TRACTS OF LAND ON WHICH ONE OR WIN MORE RESIDENTIAL DWELLINGS ARE LOCATED ON EACH TRACT; PROVIDING FOR THE ADOPTION OF A SERVICE PLAN IN THIS ORDINANCE; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS �- ANNEXED AREA; PROVIDING AN EFFECTIVE DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the area described in Section 1 herein is an area determined by the City Council of the City of Lubbock (the "City Council") to be considered for annexation (the "Area"); and WHEREAS, the City Council finds that there are fewer than one hundred (100) separate tracts of land on which one (1) or more residential dwellings are located in the Area; and WHEREAS, all required notices, including written notice of intent to amiex the Area to each property owner, each public entity, and each railroad company within the Area, as required by Section 43.062, Subchapter C-1 of Texas Local Government Code, have previously been made in accordance with applicable law; and WHEREAS, all required notices to each public school district in the Area were previously sent as required by Section 43.905 of the Texas Local Government Code; and WHEREAS, the City Council conducted two public hearings on February 25, 2019 and March 12, 2019, as required by Section 43.063 of Texas Local Government Code; and WHEREAS, the City Council received input and comment from affected property owners at each public hearing; and WHEREAS, City staff prepared a service plan for the Area in accordance with Sections 43.065 and 43.056 (b)-(o) of the Texas Local Government Code, with said service plan providing for frill municipal services to the Area and being made available and explained to the public at the scheduled public hearings; and WHEREAS, City staff, on or about March 3, 2016, by certified mail return receipt requested, mailed an offer to make a development agreement to each property owner of land within the Area that is subject to an agricultural use, timber land, or wildlife management ad valorem tax exemption, as determined by the Lubbock Central Appraisal District, as required by Section 43.035 of the Texas Local Government Code; and WHEREAS, on March 28, 2016, by Resolution No. 2016-R0122, the City Council authorized the City Manager and City staff to offer to interested property owners agreements in lieu of annexation for a twenty (20) year term, as allowed under Section 212.172 of the Texas Local Government Code(a"212 Agreement"); and WHEREAS, the property owner of the Area entered into a 212 Agreement for the Area, a copy of which is attached to this Ordinance as "Exhibit C," with the 212 Agreement providing terms upon which the 212 Agreement would terminate and providing a waiver of rights of the property owner of the Area as to the annexation of the Area upon the termination of the 212 Agreement; and WHEREAS, the City Council, according to the terms of the 212 Agreement between the City and the property owner of the Area, terminated the exemption from annexation provided in the 212 Agreement for the Area due to the voluntary action of the property owner of the Area; and WHEREAS, the 212 Agreement between the City and the property owner of the Area provided that the property owner of the Area agreed to the annexation of the Area by petition if the 212 Agreement was terminated and that the property owner of the Area waived the procedural rights and requirements of an annexation outlined in Chapter 43 of the Texas Local Government Code; and WHEREAS, the terms of the 212 Agreement between the City and the property owner of the Area prevail over certain requirements under Chapter 43 of the Texas Local Government Code, including, but not limited to, Section 43.054 and Section 43.0545 that place width limitations on areas subject to annexation by a municipality; and WHEREAS, the City Council of the City of Lubbock 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; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Area, which is further depicted and described in the attached "Exhibit A" and incorporated herein for all intents and purposes, which abuts and is adjacent to the existing corporate limits of the City of Lubbock, Texas, is hereby annexed into, and included within, the corporate limits of the City of Lubbock, Texas. SECTION 2. THAT the service plan, attached as "Exhibit B" and incorporated herein by reference for all purposes, was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this Ordinance. SECTON 3. THAT the City Council hereby declares it to be its purpose to annex into the City of Lubbock every part of the Area described in Section 1 of this Ordinance, regardless of whether any part of the Area is not hereby effectively annexed into the City. 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 4. 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 S. THAT this Ordinance shall be effective thirty (30) days after final passage by the City Council. SECTION b. 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 7. 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 25, 2019 Passed by the City Council on second reading on March 12. 2019 L.-- DANIEL M. POPE, MAYOR Rob cora Oarza,"C`ity Secret" APPROVED AS TO CONTENT: o4�� AJ F er, Director of Planning APPROVED AS TO FORM: i a eIli Leisure, Assistant City Attorney Ord. Annexation—R 129250—Ch. 212 Agreement Property 01.22.19 I SWC AVAP I Ti Ir li it it cd NR HIF t lilt IM RI Ri F T­ I 1'�! rr .. Q � LLI L Q ling _ O L— CL a O - L for_ Ir�I 1 P, ^ 4G- i 4 �a h4'tro�'�'iiy�,Jl' "c+"i,y �FI�,4'N 'I%' � a I �� �i. G I .�i p.r�•�>f d�y alt;'J� i�' ;�.; rt' J�,„ bd.,l�'�161'�., i Fh�r '.. •"s.:i:--�.. i Exhibit B MUNICIPAL SERVICE PLAN FIRE Existing Services: None Services to be Provided: Fire suppression will be available to the area upon annexation. Primary fire response will be provided by Fire Station No. 16, located at 4030 114th Street, Station 19 located at 5826 981h Street, and Station No. 14 located at 2402 961h Street. Station No. 16 is approximately 2 miles from the proposed annexation with an approximate response time of 5 to 6 minutes. Station 19 is approximately 3 miles from the proposed annexation with an approximate response time of 8 to 9 minutes. Station No. 14 is approximately 3 miles from the proposed annexation with an approximate response time of 8 to 9 minutes. Fire suppression activities can be afforded to the annexed area within current appropriation with a less than desirable response time. As these areas are developed an additional fire station(s) will be considered. Fire Prevention activities will be provided by the Fire Marshal's office as needed. POLICE Existing Services: None. Currently, the area is under the jurisdiction of the Lubbock County Sheriff's Office. Services to be Provided:The Police Department mission and purpose is to protect people and property; maintain social order by conducting criminal investigations and enforcing laws governing public health, order, and decency. The Police Department will extend the following services to the newly annexed area: Preventive patrol, traffic enforcement, and timely response to calls for service. 4 Investigate crimes, arrests offenders, and assists in criminal prosecutions. © Provide crime analysis, coordinate with any new neighborhood groups, enforce the alarm ordinance, and assume responsibility for the registering and monitoring of sex offenders. ® Maintain and disseminate records and documents of activities in the area. Enforce municipal ordinances that address physical signs of urban blight and social disorder. Although spreading current resources of manpower out further, these services can be provided within the current budget to the annexed area. However as more houses and businesses begin filling in the vast area of the annexation in the next couple of years, it will be a necessity to increase staffing levels and associated equipment requirements in the Field Services Bureau and Investigations Services Bureau causing an increase in the budgets from FY16-17 and beyond. Additionally, a substation in the South or Southwest part of Lubbock will become a necessity to accommodate increased staffing and access by the citizens in that area of the city for better customer service. Service Plan—South to 146th optl 1 Exhlbit B CITY SECRETARY Existing Services: None Services to be Provided: Administration of Municipal Election services. BUILDING INSPECTION Existing Services: None Services to be Provided:The Building Inspection 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 codes which regulate building construction within the City of Lubbock. It is anticipated that such services can be provided with current personnel and within the current budget appropriation. 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. PLANNING AND ZONING Existing Services:The City of Lubbock Subdivision Ordinance regulations extend into the ETJ. Services to be Provided:The Planning 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 property will also continue to be regulated under the requirements of the City of Lubbock Subdivision Ordinance. As Lubbock continues to grow, so does the need for and importance of long range planning in order to better serve the community. As land is developed, increases in personnel and budget will be needed in order to provide the same level of customer service. GIS AND DATA SERVICES Existing Services: None 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 Service Plan—South to 146th_optl Exhibit B Secretary for changes to voting precincts (if any)and other elections requirements, to Building Inspection, Streets and Traffic Engineering for addresses and street names, to Stormwater Management for impervious surfaces and to Police and Fire for updated information for 911 Dispatch. The updated information will be reflected on the GIS website for use by the public. These services can be provided within the department's current budget. LIBRARY Existing services: Free library use privileges are currently available to anyone residing in this area, as part of an agreement with Lubbock County. Services to be Provided:These services will continue to be provided upon annexation. CODE ADMINISTRATION/ENVIRONMENTAL HEALTH DEPARTMENTS Existing Services:None Services to be Provided:The City of Lubbock's Code Administration/Environmental Health Departments will implement the 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. ANIMAL SERVICES Existing Services: None_ Currently, the area is under the jurisdiction of the Lubbock County Sheriffs Office. 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. STREET Existing Services: Lubbock County Public Works currently maintains the county roads. Services to be Provided. In accordance with the Master Thoroughfare Plan, the proposed annexation area will add approximately 8 centerline miles of thoroughfare Service Plan South to 146th_optl 3 Exhibit B roadways to the City's infrastructure. As development occurs, the City's current policies require the City to design and build thoroughfares. Capital projects may be required in the future to provide adequate funding to support this anticipated growth. The timing of these improvements would be contingent on available funding and growth patterns in these areas. STREET LIGHTING Existing Services: None 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. STORM WATER MANAGEMENT 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. Services to be Provided:As land is developed, developers will provide plans for addressing the conveyance of storm water drainage. The Storm Water 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. TRAFFIC ENGINEERING Existing Services: None Services to be Provided: Upon annexation approximately twenty-four(24) signs will be upgraded to city standards, thirty(30) new signs will be installed, and ten miles of Service Plan—South to 146th_optl 4 Exhibit g painted lane lines and pavement markings will be maintained. Current budget and staff are sufficient to provide these services. After 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. WATER AND SANITARY SEWER SERVICE Existing Services: None Services to be Provided: Water and Sewer: a) Water and sewer are not readily available in a majority of areas proposed for annexation. b) Major main extensions to these areas will need to be considered by City Council for future capital improvements projects to service these areas. County Road 7450 will need fire protection through a capital improvements project within 2.5 years of annexation. Up to three fire hydrants will be provided within one-half mile west of County Road 2200 (University Avenue) as required for adequate fire protection. 1261h Street will need fire protection through a capital improvements project within 2.5 years of annexation. Up to three fire hydrants will be provided within one-half mile west of Chicago Avenue as required for adequate fire protection. 134th Street and 1381h Street will need fire protection through a capital improvements project within 2.5 years of annexation. Up to three fire hydrants will be provided within one-half mile between Frankford Avenue and Chicago Avenue as required for adequate fire protection. Water for fire protection prior to the extension of water lines from the City on County Road 7450, 126th Street, 1340, Street, 1381h Street, and any other area will need to be provided through pump trucks. c) Availability of water and sewer prior to or beyond the extension of a capital improvements project is at the request and expense of the developer, and shall be provided within current policies and ordinances of the City(see below for explanation of pro-rata charges. d) Water and sewer for domestic and commercial use, when installed will be available at approved City rates. e) Water for fire protection will be available through lines only after main extensions through a capital improvements project or development has occurred. Water in fire truck pumpers or in relay from existing sources will be used for fire suppression until that time for existing structures. Pro-Rata Charges Service Plan—South to 146th_optl 5 Exhibit B Chapter 22.05 of the Code of Ordinances, 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-rata" 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. The 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 22.05 specifies other items including: a) pro-rata on property already platted, and extension of services, b) pro-rata and extensions to property being platted, 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 considerations, g) when the City Council can declare a health hazard and install mains at public expense. SOLID WASTE SERVICES Existing Services:None 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 it is expected that immediate development will not occur, 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 and exceeds route collection averages. MISCELLANEOUS Service Plan South to 146th_optl 6 Exhibit B In addition to the services listed above, the City will provide full municipal services to the Annexation Area commensurate with the levels of services provided in other parts of the City except if differences in topography, land use, and population density constitute a sufficient basis for providing different levels of service, not later than two and one-half years after the effective date of the full-purpose annexation. if full municipal services cannot be reasonably provided within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half years after the effective date of the annexation, and/or upon commencement of development of a subdivision within this property, whichever occurs later. "Full municipal services" are services provided by the annexing municipality within its full-purpose boundaries, excluding gas or electrical service. The City shall provide the services by any of the methods, policies, and ordinances by which it extends the services to any other area of the City. Accordingly, there may be costs incurred by the user in order to access certain services. Service Plan South to 146th_optl 7 Exhibit C CITY OF LUBBOCK 2015017927_ 9 PGs AGM: OFFICE PICK UP NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE ITIS FILED FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER CITY OF LUBBOCK CH. 212 DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION THIS DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION (the "Agreement") is made and effective laof _, 2016, and is entered into pursuant to §212.172 of the Texas Local Government Code, by and between the City of Lubbock, Texas, a Texas home rule municipal corporation (the "City"), and the undersigned property owner(s) (the "Owner"), with the term"Owner" including all owners of the Property, and is as follows: RECITALS WHEREAS, the Owner owns a parcel of real property (the"Properly") in Lubbock County, Texas, which is more particularly and separately described in the attached Exhibit A;and WHEREAS, the City has instituted annexation proceedings for all portions of the Property and held public hearings regarding the proposed annexation on March 8 and March 10,2016; and WHEREAS,at the public hearings,the Owner was presented with a service plan for the Property and the Owner was given the opportunity to be heard by the City Council of the City of Lubbock;and WHEREAS, the Owner does not want the Property to be annexed and desires to have the Property remain in the City's extraterritorial jurisdiction,in consideration for which the Owner agrees to enter into this Agreement;and WHEREAS, it is the City's intention to allow the Owner to continue to use the Property as it is being used at the time of this Agreement;and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the duration of this Agreement; and WHEREAS,this Agreement is to be recorded in the real property records of Lubbock County,Texas; NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Owner and the City agree as follows: AGREEMENT Section 1 — The Property: Current Status. The City acknowledges that the Property, more particularly described in the attached"Exhibit A," is located within the extraterritorial jurisdiction of the City and is subject to annexation by the City unless this Agreement is signed by the Owner. Section 2 — The Property: Continued Status. In lieu of annexation, the Owner desires that the Property remain in the extraterritorial jurisdiction of the City for the duration of this Agreement. The Ch.212 Development Agreement In Lieu Of Annexation-1 I P a g c Exhibit C a petition for voluntary annexation of the Property, and the Property will be subject to voluntary annexation in accordance with Section 3 of this Agreement. Prior to the end of the Term,the City may commence the voluntary annexation of the Property. Section 5—Termination. / This Agreement will automatically terminate at the end of the Term. This Agreement shat! terminate upon the filing of any plat or related development document with the City or with Lubbock County or upon the Owner's failure to prove that it is the sole owner of the Property with the authority to sign this Agreement. The Owner and the City may agree in writing to terminate this Agreement prior to the expiration of the Term of this Agreement. Section 6—City Council Approval Required. if the City Council of the City of Lubbock does not affirmatively vote to annex an area that contains the Property, then this Agreement will be null and void in its entirety. Section 7—Notification. Any person who sells or conveys any portion of the Property shall,prior to such sale or conveyance,give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City.further,tite Owner and the Owner's heirs,successors,and assigns shall give the City written notice within fourteen(14)days of any change in the status of the Property. A copy of any notice required by this section shall be forwarded to the City at the following address: City of Lubbock Mth copv to: Cityof Lubbock Attn: City Secretary Attn: Director of Planning P.O. Box 2000 P.O. Box 2000 Lubbock,Texas 79457 Lubbock,Texas 79457 This Agreement shall run with the Property and be recorded in the real property records of Lubbock County,Texas. Section 8—Waiver. Any failure by the Owner or the City to insist upon strict performance by either party of any material provision of this Agreement shall not be deemed a waiver thereof,and the Owner or the City shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by a written agreement signed by the Owner or the City waiving such provision. Any waiver shall be limited to the specific purposes for which it is given. No waiver by the Owner or the City of any provision of this Agreement shall be deemed or construed to be a waiver of any other provision or subsequent waiver of the same provision. The Parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver by any Party of any immunity from suit or liability that it may have by operation of law. The Parties agree that the City shall retain all of its governmental immunities. Section 9—Assurance of Ownership. The Owner hereby expressly affirms that it is the sole owner of the Property and that no other person or entity has a valid claim to any right, title,or ownership in the Property.Should any dispute of right,title,or ownership conceming the Property arise subsequent to the Owner's execution of this Agreement, the Owner hereby agrees to be solely responsible for defending and confirming its absolute right, title, and ownership to the Property. If the Owner cannot Ch.212 Development Agreement In Lieu Of Annexation-3 1 P a g e Exhibit C Section 16 — Enforcement. This Agreement may be enforced by the Owner or the City by any proceeding at law or in equity.Failure to do so shall not be deemed a waiver to enforce the Agreement thereafter. Section 17—Governmental Powers. 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 IS—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. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect. Section 14—Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement,and the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Owner and the City. Without limiting the generality of the foregoing, if it is determined that, as of the date that this Agreement becomes effective, that any Owner does not own any portion of the Property, then this Agreement shall remain in full force and effect with respect to the remaining portion of the Property that the Owners actually own. Section 20—Entire Agreement.This Agreement constitutes the entire agreement between the Owner and the City and supersedes all prior agreements, whether oral or written,covering the subject matter of this Agreement. The Owner acknowledges that each and every Owner of the Property must sign this Agreement in order for the Agreement to take full effect. Section 21 —Captions & Recitals. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. However, each of the recitals contained herein, by this reference,shall be incorporated into,and deemed a part of, this Agreement. Section 22—Modification of Agreement. This Agreement cannot be modified or amended except in writing signed by the Owner and the City and attached and made a part of this Agreement. Section 23 — Ch. 212 Agreement in lieu of Ch. 43 Agreement. If the Property is subject to an agricultural exemption,the Owner hereby acknowledges that the City,through the Office of the City Attorney, offered to make a development agreement with the Owner under §43.035 of the Texas Local Government Code. The Owner further acknowledges that the Owner rejected the offer to make a §43.035 Agreement in order to enter in to this§212.172 Agreement. IN WITNESS HEREOF, the p rties mutually enter this Agreement on this ay of ,2016. Ch.212 Development Agreement In Lieu Of Annexation-5 1 P a g Exhibit C NOTARIZATION State of Texas § County of Lubbock § This instrument was executed before me on4p"A 201b, by PTL MAM[ of the City of Lubbock,a Texas municipal corporation, on behalf of said corporation. ++++ �p SON/D R'Y F�.qOC�. 61, c, r_; x No ry Pubic = p ' 0: -)- U �•�OF1 x 20A6 of State of Texas § County of Lubbock § This instrument was executed before me on ��� 2016,by�`' ait[ t crmT�k.me m,« r n w on behalf of said Owner. VENITA WADSWORTH f Wy PLtk,Stade of Texas �lDit Pu10537 No blic �, p5* ,zg,.2020 When Recorded Return To: City Secretary City of Lubbock,Texas 1625 13"'Street Lubbock.Texas 79401 Ch. 212 Development Agreement In Lieu Of Annexation-7 P a i; Exhibit C BLK AK SEC 5 AB 163 TR A ACS: 16.71 ! - 1651.95' i i i r i TR A i i 16.71 AC � �M250 ,. 1 i i i i i i i i i 0' 40' i4Y FILED AND RECORDED OFFICIAL PUBLIC RECORDS Cti�l� Kelly Pinion County Clerk Lubbock County TEXAS 05/23/2016 10:62 AM FEE: 58.00 201617927 (146th Street&Slide Road Inc.(Michael Postar]—R129250) Page 2 of 2 FILED AND RECORDED OFFICIAL PUBLIC RECORDS c:. ,o y Kelly Pinion Count4 Clerk Lubbock Coun y 03/27/2019 01:+6 PM FEE; 194.00 2019010563