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HomeMy WebLinkAboutResolution - 2022-R0534 - Amendment 1 to Annexation Agreement with Red Canyon Development for 16.05 acresResolution No. 2022-RO534 Item No. 6.14 December 13, 2022 RESOLUTION 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, Amendment No. 1 to the Annexation Agreement, by and between the City of Lubbock and Red Canyon Development, LLC, 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 December 13, 2022 TAP^PAYNE, MAYOR ATTEST: "* 6,4P 10 1 . )r Reb a Garza, City Secre Erik Rejino, Assistant City Manager APPROVED AS TO FORM: 1 1 elli Leis , Assistant City Attorney ccdocs/RES.Amendment No. 1 AnnexationAgreement_Red Canyon 12.6.22 Resolution No. 2022-RO534 AMENDMENT NO. 1 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF LUBBOCK, TEXAS AND RED CANYON DEVELOPMENT, LLC, A TEXAS LIMITED LIABILITY COMPANY This Municipal Services Agreement Amendment No. 1 ("Agreement") is entered into on 13th day of December_, 2022 by and between the City of Lubbock, Texas, a home -rule municipality of the State of Texas, ("City") and Red Canyon Development, LLC, a Texas limited liability company ("Owner"), 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, upon petition of the Owner, the City entered into the Agreement on November 1, 2022, via Resolution 2022-R0456, for a certain parcel of land situated in Lubbock, Texas which consists of approximately 17.33 acres of land in the City's extraterritorial jurisdiction; WHEREAS, the Owner has provided a revised metes and bounds for this annexation, set forth in Exhibit "A" (the "Property"), which reduces the acreage of the Property being annexed to approximately 16.05 acres; NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, the City and the Owner agree as follows: The Agreement is hereby amended in order to update the description of the Property, as set forth in Exhibit "A", attached hereto and incorporated herein. All other portions of the original Agreement shall remain in place and are not altered by this amendment. EXECUTED as of the Effective Date hereof. Page 1 of 2 CITY OF LUBBOCK TRAYY'AYNE, MAYOR F.-vo- iI �X 7 Retie a Garza, City Secrar APPROVED AS TO CONTENT: Sager, Directoy �f Planning APPROVED AS TO FORM: elli Leisure, Assistant City Attorney RED CANYON DEVELOPMENT, LLC Thom3s-Rayne, Co -Manager Signature SUBSCf�D AND WORN TO BEFORE ME on the day of day of , 20_7�2 , to certify which witness my hand and official seal. LINDSEY DUBIEL Notary ID #130234236 My Commission Expires May 20, 2023 [Signature] [Printed name] Notary Public in and for the State of Texas RED CANYON DEVELOPMENT, LLC Blake Womble, Co -Manager �ignatur SUBSCRIBED AND SWORN TO EFORE ME on the day of �_ day of , 20_a, to certify which witness my hand and official seal. s LINDSEY DUBIEL Notary ID #130234236My Commission Expiresn May 20, 2023 [Printed name] Notary Public in and for the State of Texas Page 2 of 2