HomeMy WebLinkAboutResolution - 2023-R0145 - Establish Creation of Upland Crossing 3 PID2023008636 35{PGGSS RESOL
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CITY OF LUBBOCK §
COUNTY OF LUBBOCK §
STATE OF TEXAS §
CERTIFICATE TO COPY OF PUBLIC RECORD
I hereby certify, in the performance of the functions of my office, that the attached
instrument is a full, true and correct copy of Resolution No. 2023-RO145 as the same
appears of record in my office and that said document is an official record from the public
office of the City Secretary of the City of Lubbock, Lubbock County, State of Texas, and
is kept in said office. The total number of pages within the attached document is 33 pages.
I further certify that I am the Acting City Secretary of the City of Lubbock, that I
have legal custody of said record, and that I am a lawful possessor and keeper and have
legal custody of the records in said office.
In witness whereof I have hereunto set my hand and affixed the official seal of
said office the 9th day of March, 2023.
Acting City Secretary
City of Lubbock
Lubbock County, State of Texas
Resolution No. 2023-R0145
Item No. 7.5
March 7, 2023
A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS, APPROVING AND
AUTHORIZING THE CREATION OF THE UPLAND CROSSING 3 PUBLIC
IMPROVEMENT DISTRICT
WHEREAS, the City Council (the "Council") of the City of Lubbock (the "City") has
received a petition (the "Petition") with signatures from the record owners of taxable real
property representing more than fifty percent (50%) of the appraised value of an area within
the City as determined by the most recent certified appraisal roll of the Lubbock Central
Appraisal District, and owners of more than fifty percent (50%) of the area of all taxable
real property that is liable for assessment under the area covered by the Petition; and
WHEREAS, the Petition requests that the City establish a public improvement district
according to Chapter 372 of the Texas Local Government Code for the general purpose of
financing improvements and services related to:
(a) Acquisition, construction, or drainage facilities or improvements;
(b) The design, construction, and maintenance of parks and green spaces,
together with any ancillary structures, features or amenities such as
playgrounds, splash pads, pool(s), receptacles and any similar items
located there in along with all necessary grading, drainage, and similar
infrastructure involved in the construction of such parks and greens;
landscaping, hardscaping and irrigation; and
(c) Payment of costs associated with developing and financing the public
improvements listed in subdivision including costs of establishing,
administering and operating the District; and
WHEREAS, the Petition, a copy of which has been attached to and made a part of this
Resolution as "Exhibit I", was examined, verified, found to meet the requirements of
Section 372.005(b) of the Texas Local Government Code, and accepted by the City
Council; and
WHEREAS, the Petition covers property within an area generally bounded by 261h Street
to the north, Pine Hills Estates to the east, 34`h Street to the south and Upland Avenue to
the west, with such property being the development known as Upland Crossing 3, and a
description and depiction of the property covered by the Petition is attached to and made a
part of this Resolution as "Exhibit 2"; and
WHEREAS, notice of the public hearing was published in the Lubbock Avalanche -
Journal, a daily paper of general circulation in the City, such publication date being before
the fifteenth (15`h) day before the date of the public hearing, stating the time and place of
the public hearing, the general nature of the services, the estimated cost of the services, the
boundaries of the proposed public improvement district, the method of assessment, and the
apportionment of cost between the public improvement district and the City; and
WHEREAS, before the fifteenth (151h) day before the date of the public hearing, written
notice of the proposed public improvement district was mailed to the current addresses of
the record owners, as reflected on the most recent certified appraisal roll of the Lubbock
Central Appraisal District, of property subject to assessment under the proposed public
improvement district; and
WHEREAS, the public hearing was convened at the time and place mentioned in the
published notice, on the seventh (71h) day of March, 2023, at two (2:00) p.m., at Citizen's
Tower, located at 1314 Avenue K, Lubbock, Texas; and
WHEREAS, in accordance with the published and mailed notices, the Council called the
public hearing and heard public comment from interested persons speaking in favor or
opposition to the proposed public improvement district and the Council heard a report by
City staff on the advisability of the proposed public improvement district and its benefits
to the City and to the property within the boundaries of the proposed public improvement
district; and
WHEREAS, the proponents of the proposed public improvement district offered evidence,
both oral and documentary, in favor of all of the foregoing matters relating to the creation
of the proposed public improvement district, and opponents of the public improvement
district were given the opportunity to appear to contest authorization of the proposed public
improvement district, after which the Council closed the hearing; and NOW
THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1: THAT the facts and recitations contained in the preamble of this resolution
are hereby found and declared to be true and correct.
SECTION 2: THAT after conducting a public hearing, examining evidence, and hearing
testimony, the City Council finds and determines the following:
(a) That the public hearing on the advisability of authorizing the Upland
Crossing 3 Public Improvement District has been properly called, held, and
conducted and that notice of such hearing has been published and mailed as
required by law and delivered to the current address of the owners of
property subject to assessment under the Upland Crossing 3 Public
Improvement District; and
(b) That authorization of the Upland Crossing 3 Public Improvement District
with boundaries depicted and described in "Exhibit 2" is advisable and will
result in benefits to the City, its residents, and the property owners in the
Upland Crossing 3 Public Improvement District for the general purpose of
financing improvements and services related to:
(i) The acquisition, construction, or drainage facilities or
improvements;
(ii) The design, construction, and maintenance of parks and green
spaces, together with any ancillary structures, features or
amenities such as playgrounds, splash pads, pool(s), receptacles
and any similar items located there in along with all necessary
grading, drainage, and similar infrastructure involved in the
construction of such parks and greens; landscaping,
hardscaping and irrigation; and
(iii) The payment of costs associated with developing and financing
the public improvements listed in subdivision including costs
of establishing, administering and operating the District; and
(c) That the total estimated cost of services and improvements to be paid by the
assessment generated within the Upland Crossing 3 Public Improvement
District through Fiscal Year 2027-28 is approximately one hundred
seventeen thousand seven hundred thirty dollars ($117,730) (the "Costs"),
with such Costs being described in "Exhibit 3" attached to and made a part
of this Resolution; and
(d) That the Costs will be paid by the proposed assessment rate of eighteen
cents ($0.18) per one hundred dollars ($100) of valuation of property within
the Upland Crossing 3 Public Improvement District through Fiscal Year
2027-28, with such proposed assessment being described in "Exhibit 3";
and
(e) That as to the apportionment of the Costs between the Upland Crossing 3
Public Improvement District and the City, all the Costs will be paid by the
Upland Crossing 3 Public Improvement District through assessments on the
property within the boundaries of the Upland Crossing 3 Public
Improvement District.
SECTION 3: THAT subject to Chapter 372 of the Texas Local Government Code, the
City Council hereby authorizes a public improvement district over the area depicted and
described in "Exhibit 2" and such public improvement district shall be identified as the
Upland Crossing 3 Public Improvement District, City of Lubbock, Texas.
SECTION 4: THAT the City Council shall be the governing board for the Upland
Crossing 3 Public Improvement District.
SECTION 5: THAT if any section, paragraph, clause or provision of this Resolution shall
for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section paragraph, clause or provision shall not affect any of the remaining provisions
of this Resolution.
Passed by the City Council this 7th day of March , 2023.
A TEST:
/fl z
Co ney Paz, Interim City Sep
APPROVED AS TO CO ENT:
Brianna Brown, Director of Business Development
APPROVED AS TO FORM:
Kelli Leisure, Senior Assistant City Attorney
Ccdocs://Upland Crossing 3 PID Creation Resolution
2.20.23
BETENBOUGH
HOMES -
February 3, 2023
Brianna Brown
Business Development Director
City of Lubbock
1314 Avenue K
Lubbock, TX 79401
RE: Upland Crossing, Public Improvement District 3
Dear Honorable Mayor and City Council,
Upland Crossing 3 PID is a residential development within the city limits of the City of Lubbock bound on
the North by 26" Street, adjacent to the East by Pine Hills Estates, and adjacent to Upland Ave on the
West and 34"' Street to the South. We are proposing to create a Public Improvement District, "PID", to
maintain the public improvements for Upland Crossing 3 PID.
In order to comply with the "Public Improvements District Policies and Guidelines", we are providing
information as required in Section III. "Guidelines", b. "Petition Requirements":
1. Betenbough Homes has purchased/optioned almost 21.646 acres. Betenbough Homes plans to
invest $250,000 in improvements for this park system before it would be deeded over to the City of
Lubbock and the PID. We will be here to help keep the PID healthy and thriving. We have vested
interest in making this PID healthy and self-sufficient.
2. This requirement is addressed in Section 5 of the accompanying Petition.
3. This requirement is addressed in Section 1 of the accompanying Petition.
4. This requirement is addressed in Section 5 of the accompanying Petition.
S. If there is sufficient support to petition to dissolve the Public Improvement District certain
requirements in addition to sufficient support must be met in order to dissolve the PID. Those
requirements include arrangements to transfer ownership and maintenance of the City owned and PID
maintained property. These arrangements are to be made by the City Manager or designee with funds
available to the PID. Betenbough Homes will have been responsible for some maintenance before the
park system would be deeded over. With having supported some maintenance, we feel we will have an
accurate representation of cost to propose for the service plan. So far, all of our proposed service plans,
are reviewed by city staff, and approved by city council.
6. This requirement has been met by the map of the area that is attached to this Petition.
BETENBOUGH
HOMES
7. Operation of the PID process shall be consistent with the bylaws for Public Improvement Districts for
the City of Lubbock. If a board is not established, then the operation of any PID actions will be managed
by the City Manager or designee.
8. This requirement is generally addressed in Section 2 of the petition. Addressing this specific PID there
will be a drainage basin that will function as drainage storage for the community. The PID will allow the
basin to be well maintained.
9. Each parcel of City -owned land will be identified as a "Tract" at time of platting.
10. General description of proposed improvements is addressed in Section 2 of the Petition.
11. The estimated total cost of the improvements is approximately $250,000 and will be paid and
constructed by the developer, Betenbough Homes does not desire any reimbursement. The estimated
cost of the maintenance is approximately $10,000 per year and is to be paid for by the PID as soon as
the funds are available. This is the estimated cost for the entirety of the "park system".
12. Addressing this requirement we have provided a service and assessment plan that is attached as part
of this application.
13. Method of assessment will be based on the net taxable value of the affected properties and will be
assessed at $.18 per $100.00 valuation.
14. Documentation of liability Insurance will be provided as requested by the City of Lubbock.
15. This requirement is addressed in Section 6 of the accompanying Petition.
16. This requirement is addressed in Section 5 of the accompanying Petition.
17. This requirement is met with the attached spreadsheet documenting the provided service and
assessment plan.
Our goal is to provide all of the information requested to continue with the creation of this PID. Please
let us know if you have any questions or require any additional information.
X F
Chris Berry
Land Development Manager
Betenbough Homes
PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE
IMPROVEMENTS TO UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT
THE STATE OF TEXAS §
CITY OF LUBBOCK §
TO: THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK:
The undersigned petitioners (the "Petitioners"), acting pursuant to the provisions of
Chapter 372, Texas Local Government Code, as amended (the "Act"), request that the City of
Lubbock create a public improvement district (the "District") in the territory described in
Exhibit A attached hereto (the "Land") within the City of Lubbock, Texas (the "City"), and in
support of this petition the Petitioners would present the following:
Section 1. Standing of Petitioners. In compliance with the requirements of Texas
Local Government Code, Section 372.005(b), as determined by the current roll of the Lubbock
Central Appraisal District, the Petitioners constitute: (i) the owners of taxable real property
representing more than 50% of the appraised value of real property liable for assessment under the
proposal described herein, and (ii) the record owners of taxable real property that constitutes more
than 50% of the area of all taxable real property that is liable for assessment under such proposal.
Section 2. General nature of the proposed public imRrovements. The general nature
of the proposed public improvements is: (i)acquisition, construction, or drainage facilities or
improvements, (ii) the design, construction and maintenance of parks and green spaces, together
with any ancillary structures, features or amenities such as playgrounds, splash pads, pool(s),
athletic facilities, pavilions, community facilities, irrigation, walkways, lighting, benches, trash
receptacles and any similar items located there in along with all necessary grading, drainage, and
similar infrastructure involved in the construction of such parks and greens; landscaping,
hardscaping and irrigation; and (ii) payment of costs associated with developing and financing the
public improvements listed in subdivision (i) including costs of establishing, administering and
operating the District.
Section 3. Estimated cost of the proposed public improvements and annual
maintenance: $250,000 estimated for proposed public improvements as mentioned in section 2.
Annual maintenance costs - $10,000 for proposed improvements made by developer.
Section 4. Boundaries. The proposed boundaries of the District are described in
Exhibit A and Exhibit B.
Section 5. Method of assessment. An assessment methodology has been prepared that
will address (i) how the costs of the public improvements paid for with the assessments are
assessed against the property in the District, (ii) the assessments to be collected each year, and (iii)
reduction of the assessments for costs savings (pursuant to the annual review of the service plan
for the District). Additionally, a report will be prepared showing the special benefits accruing to
property in the District and how the costs of the public improvements are assessed to property on
the basis of the special benefits. The result will be that equal shares of the costs will be imposed
on property similarly benefited.
In assessing the maintenance of the public improvements, property will be classified based
on the net taxable value of the property.
The assessment methodology will result in each parcel paying its fair share of the costs of
maintaining the public improvements based on the special benefits received by the property from
the public improvements and property equally situated paying equal shares of the costs of the
public improvements.
The annual budget is subject to review by City of Lubbock staff and final approval by the
City Council. The annual assessments may be adjusted as a result of the City of Lubbock staff
review and City Council approval.
Section 6. Apportionment of Cost between the City and the District. The City will not
be obligated to provide any funds to finance the proposed public improvements or maintain the
public improvements. All of the costs of the proposed public improvements will be paid by
assessments of the property within the District and from other sources of funds, if any, available
to the developer of the Land.
Section 7. Management of the District. The City will manage the District, or a
partnership between the municipality or county and the private sector, to the extent allowed by
law, the City may contract with either a non-profit, or a for -profit organization, including a Public
Facilities Corporation created by the City pursuant to Chapter 303, Texas Local Government Code,
to carry out all or a part of the responsibilities of managing the District, including the day-to-day
management and administration of the District.
Section 8. Advisory board. An advisory board may be established to develop and
recommend an improvement plan to the City Council of the City (the "City Council").
The signers of this petition request the establishment of the District and this petition will
be filed with the City Secretary in support of the creation of the District by the City Council as
herein provided.
[Signature on following page]
PETITIONERS:
Betenbough Homes LLC
Chris Berry, Land Planning Manager
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
On this, the day o r) __, 2023, before me, the undersigned Notary
Public, personally appeared Paddi Moya ho acknowledged that he is Connections Specialist of
Betenbough Homes, LLC, and that he, in such capacity, being duly authorized so to do, executed
the foregoing petition for the purposes therein contained by signing his name in such capacity.
IN WITNESS WHEREOF, I have
010yPATRICIA M. MOYA
Notary Public, State of Texas
Notary ID# 13390512-1
Co
wlssan Fires 08-11-2026
my hand and official seal.
Signature Page for Petition
AMD Engineering and Surveying
A 21.646 ACRE TRACT IN
THE SOUTHWEST QUARTER OF
SECTION 43, BLOCK AK,
E.L. & R.R. RR. CO. SURVEY, ABSTRACT NO. 184,
LUBBOCK COUNTY, TEXAS
A 21.646 acre tract of land located in the Southwest Quarter (SW/4) of Section 43, Block AK, E.L. & R.R.
RR. Co. Survey, Abstract Number 184, Lubbock County, Texas, being all of that certain tract of land
described as 17.70 acres in a Warranty Deed recorded in Volume 1472, Page 646 of the Deed Records of
Lubbock County, Texas, and a portion of that certain tract of land described as 4.25 acres in a Warranty
Deed recorded in Volume 6043, Page 101 of the Real Property Records of Lubbock County, Texas, said
21.646 acre tract being further described by metes and bounds as follows:
BEGINNING at a "MAG" nail set in the centerline of Upland Avenue and in the west line of said Section
43 at the southwest comer of said 17.70 acre tract, same being the most westerly northwest comer of the
plat limits of Pine Hills Addition, a subdivision according to the map, plat and/or dedication deed thereof
recorded in Volume 1709, Page 661 of the Deed Records of Lubbock County, Texas, and for the southwest
comer of these plat limits, having coordinates of Northing: 7,270,725.47 and Easting: 910,383,41 of the
Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence a railroad spike found at the
southwest corner of said Section 43 bears S. 01 ° 52' 44" W. a distance of 1539.75 feet, said section corner
having coordinates of Northing: 7,269,186.91 and Easting: 910,332.94 of the Texas Coordinate System of
1983 (2011), Texas North Central Zone;
THENCE N. 01 ° 52' 44" E., along the centerline of Upland Avenue and the west line of said Section 43
at a distance of 170.25 feet pass a railroad spike found, continuing for a total distance of 204.33 feet to a
"MAG" nail set for the most westerly northwest corner of these plat limits, same being the southwest corner
of that certain 1.00 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number
2018003570 of the Official Public Records of Lubbock County, Texas;
THENCE S. 880 08' 32" E., at a distance of 55.00 feet pass a UT' iron rod with a cap marked "AMD
ENGINEERING" set in the east right-of-way line of Upland Avenue, herein dedicated, continuing at a
distance of 55.61 feet pass a ) f2" iron rod with a green broken cap found, continuing for a total distance of
296.24 feet to a 1 /2" iron rod with a cap marked "RPLS 4460" found at the southeast comer of said 1.00
acre tract for an ell corner of these plat limits;
THENCE N. 01° 48' 4T' E., along the east lines of five tracts of land, being: (1) said 1,00 acre tract, (2)
Lynch Addition, Lots I -A and 1-B, an addition to the City of Lubbock, Lubbock County, Texas, according
to the map, plat and/or dedication deed thereof recorded in Volume 8252, Page 220 of the Official Public
Records of Lubbock County, Texas, (3) that certain 1.50 acre tract of land described in a Warranty Deed
recorded in Volume 2783, Page 126 of the Real Property Records of Lubbock County, Texas, (4) that
certain 0.94 acre tract of land described in a Warranty Deed recorded in Volume 4927, Page 188 of the Real
Property Records of Lubbock County, Texas, and (5)C.renwelge Addition, Lot I, an addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in
Volume 5116, Page 195 of the Real Property Records of Lubbock County, Texas, at a distance of 868,45
feet pass a U2" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of-way line of
26th Street, herein dedicated, continuing for a total distance a distance of 900.45 feet to a 1/2" iron rod with
a cap marked "AMD ENG" set in the north line of said Southwest Quarter (SW/4) for the northwest corner
of said 4.25 acre tract and the most northerly northwest comer of these plat limits, having coordinates of
Northing: 7,271,819.82 and Easting: 910,714,61 of the Texas Coordinate System of 1983 (2011), Texas
North Central Zane, whence a cotton spindle found in the centerline of said Upland Avenue at the west
quarter corner of said Section 43 bears N. 88" 1 1' 07" W. a distance of 295.21 feet, said quarter section
comer having coordinates of Northing: 7,271,829.1-1 and Easting: 910,419.61 of the Texas Coordinate
System of 1983 (2011), Texas North Central Zone;
THENCE S- 880 1 P 07" E., along the north line of said Southwest Quarter (SW/4), a distance of 317.51
feet to a In" iron rod with a cap marked "AMD ENGINEERING" set for a corner of these plat limits;
THENCE S. 01" 54' 23" W., at a distance of 32.00 feet pass a 1+2" iron rod with a cap marked "AMD
ENG" set in the south right-of-way line of said 26th Street, continuing for a total distance of 200.00 feet to
a UT' iron rod with a cap marked "AMD ENGINEERING" set for an el l corner of these plat limits;
6515 681" Slrccl, Suite 300 TBPE Reg. 4 F•9197 Office: (806) 771-5976
Lubbock. Texas 79424 1'13PFt S Reg 0101795-00 Fax: (806) 771-7625
AMD Engineering and Surveying
THENCE S. 880 1 P 07" E. a distance of 256.23 feet to a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set for an ell corner of these plat limits;
THENCE N. 0 1 a 54' 23" E., at a distance of 168.00 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the south right-of-way line of said 26th Street, continuing for a total distance a
distance of 200.00 feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set in the north line
of said Southwest Quarter (S W/4) for a corner of these plat limits;
THENCE S. 880 11' 07" E., along the north line of said Southwest Quarter (SW/4), a distance of 272.00
feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set for the northeast corner of said 17.70
acre tract and these plat limits, having coordinates of Northing: 7,271,793.04 and Easting: 911,559.72 of
the Texas Coordinate System of 1983 (2011), Texas North Central Zone;
THENCE S. 010 54' 23" W., along the west plat limits of said Pine Hills Addition at a distance of 32.00
feet pass a 1/2" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of-way line of
said 26th Street, continuing at a distance of 45,69 feet pass the south right-of-way line of 26th Street as
dedicated with the plat of said Pine Hills Addition, continuing for a total distance of 1105.33 feet to a 1/2"
iron rod with a cap marked "AMD ENGINEERING" set at an ell corner of the plat limits of said Pine Hills
Addition for the southeast corner of said 17.70 acre tract and these plat limits, having coordinates of
Northing: 7,270,688.59 and Easting: 911,522.96 of the Texas Coordinate System of 1983 (2011), Texas
North Central Zone;
THENCE N. 880 08' 47" W., at a distance of 1085.42 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the cast right-of-way line of said Upland Avenue, continuing for a total distance
of 1140.42 feet to the Point of Beginning. Bearings and coordinates are based on the Texas Coordinate
System of 1983 (2011), Texas North Central Zone. The convergence angle to True North is -10 53' 35.55"
and the combined scale factor is 0.99975996. Distances are at surface, in U.S. survey feet.
I, Norris Stevens, Registered Professional Land Surveyor, do hereby certify that this description was
prepared from an actual survey of the property and that the information hereon represents the findings of
this survey to the best of my knowledge and belief.
Surveyed August 31, 2021
a
Norris Stevens
Registered Professional Land Surveyor,
State of Texas, Seal No. 4339
"Revised I/20/2022 Corrected the bearing on the 8i0 call
211574 Sec 43131k AK, Turner TracL
6515 681' Serccl, Suite 300 113?F Reg. # F-9197
Lubbock, Texas 79424 T13Pl:LS Reg. #t01785.00
2 o/-WZ,5
Office: (806) 771-5976
Far: (806) 771-7625
EXHIBIT B
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18.571,1441
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19,707,842
211.101,999
24%Y14,019
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170,705,99A
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16,386,3011
16,714.026
17,048,307
17399.273
17,737,1158
18,091,799
18453,635
1022,709
153,635,398
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1.226
1,251
1.276
1,3111
1,127
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15,300.IE1 S
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36.561.21 S
16,892.44 S
17,210.29 S
17,574.89 S
17,926.39
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Electric Cant far park
Pmpomd parks 1 and 2
S _
Fences and aW—Yanrer
ftW"o l Parks 1 and 2
5 -
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S54M1,4ME1.111
S 3,01E1,110 S
IUW.110 5
3,121.21) 5
3,183.62 5
.1,247,311 5
3.312,24 S
3,178,49 S
1,446.% S
3,514.98 S
,1,$85.2A
S 26,263,89
PAW bar#oTkmg
Cr01WQia1?]
S
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5 S
13JOA0 S
W2710 S
19,101,74 S
19,4m.71 s
19.973.43 $
20.274.92 S
20,67LU S
21.09.07 S
I1,511.67
S 157 im31
Cash R4�
4 S S
11,192.04 $
22,f07.92 S
34,252.12 S
46,129.20 S
50.243.83 S
70.60U.74 S
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96A60.93 S
109.11. --
S 422,291,50
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—E"msewN wane 2%mntWly
ASSESSMENT INFORMATION
20M2029
Assessureltt per $100,000 $190.00 S 190.00
2027-Future
Assessment per$100,000 S100.00 S 100.00
491i�*
AMD Engineering and Surveying
A 21.646 ACRE TRACT IN
THE SOUTHWEST QUARTER OF
SECTION 43, BLOCK AK,
E.L. & R.R. RR. CO. SURVEY, ABSTRACT NO. 184,
LUBBOCK COUNTY, TEXAS
A 21.646 acre tract of land located in the Southwest Quarter (SW/4) of Section 43, Block AK, E.L. dt R.R.
RR. Co. Survey, Abstract Number 184, Lubbock County, Texas, being all of that certain tract of land
described as 17.70 acres in a Warranty Deed recorded in Volume 1472, Page 646 of the Deed Records of
Lubbock County, Texas, and a portion of that certain tract of land described as 4.25 acres in a Warranty
Deed recorded in Volume 6043, Page 101 of the Real Property Records of Lubbock County, Texas, said
21.646 acre tract being further described by metes and bounds as follows:
BEGINNING at a "MAG" nail set in the centerline of Upland Avenue and in the west line of said Section
43 at the southwest corner of said 17.70 acre tract, same being the most westerly northwest corner of the
plat limits of Pine Hills Addition, a subdivision according to the map, plat and/or dedication deed thereof
recorded in Volume 1709, Page 661 of the Deed Records of Lubbock County, Texas, and for the southwest
comer of these plat limits, having coordinates of Northing: 7,270,725.47 and Easting: 910,393.41 of the
Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence a railroad spike found at the
southwest corner of said Section 43 bears S. 01 ° 52' 44" W. a distance of 1539.75 feet, said section corner
having coordinates of Northing: 7,269,186.91 and Easting 910,332.94 of the Texas Coordinate System of
1983 (2011), Texas North Central Zone;
THENCE N. 010 52' 44" E., along the centerline of Upland Avenue and the west line of said Section 43
at a distance of 170.25 feet pass a railroad spike found, continuing for a total distance of 204.33 feet to a
"MAG" nail set for the most westerly northwest corner of these plat limits, same being the southwest comer
of that certain 1.00 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number
2018003570 of the Official Public Records of Lubbock County, Texas;
THENCE S. 880 08' 32" E., at a distance of 55.00 feet pass a V2" iron rod with a cap marked "AMD
ENGINEERING" set in the east right-of-way line of Upland Avenue, herein dedicated, continuing at a
distance of 55-61 feet pass a 1f2" iron red with a green broken cap found, continuing for a total distance of
296.24 feet to a 1 /2" iron rod with a cap marked "RPLS 4460" found at the southeast comer of said 1.00
acre tract for an el corner of these plat limits;
THENCE N. 01° 48' 4T' E., along the east lines of five tracts of land, being: (1) said 1.00 acre tract, (2)
Lynch Addition, Lots l-A and 1-13, an addition to the City of Lubbock, Lubbock County, Texas, according
to the map, plat and/or dedication deed thereof recorded in Volume 8252, Page 220 of the Official Public
Records of Lubbock County, Texas, (3) that certain 1.50 acre tract of land described in a Warranty Deed
recorded in Volume 2783, Page 126 of the Real Property Records of Lubbock County, Texas, (4) that
certain 0.94 acre tract of land described in a Warranty Deed recorded in Volume 4827, Page 188 of the Real
Property Records of Lubbock County, Texas, and (5)Crenwelge Addition, Lot 1, an addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in
Volume 5116, Page 195 of the Real Property Records of Lubbock County, Texas, at a distance of 868.45
feet pass a In" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of-way line of
26th Street, herein dedicated, continuing for a total distance a distance of 900.45 feet to a 1/2" iron rod with
a cap marked "AMD ENG" set in the north line of said Southwest Quarter (SW/4) for the northwest corner
of said 4.25 acre tract and the most northerly northwest comer of these plat limits, having coordinates of
Northing: 1,271,819.82 and Easting: 910,314.61 of the Texas Coordinate System of 1983 (2011), Texas
North Central Zone, whence a cotton spindle found in the centerline of said Upland Avenue at the west
quarter corner of said Section 43 bears N. 88' 1 1' 07" W_ a distance of 295.21 feet, said quarter section
corner having coordinates of Northing: 7,271,829.17 and Easting: 910,419.61 of the Texas Coordinate
System of 1983 (2011), Texas North Central Zone-,
THENCE S- 886 1 P 07" E,, along the north line of said Southwest Quarter (SW/4), a distance of 317.51
feet to a In" iron rod with a cap marked "AMD ENGINEERING" set for a corner of these plat limits;
THENCE S. Ot' 54' 23" W., at a distance of 32.00 feet pass a 112" iron rod with a cap marked "AMD
ENG" set in the south right-of-way line of said 26th Street, continuing for a total distance of 200.00 feet to
a 112" iron rod with a cap marked "AMD ENGINEERING" set for an el I comer of these plat limits;
6515 6811 Strecl, Suite 300 TBPE Reg. N F-9197 Office: (806) 771-5976
Lubbock, Texas 79424 1'I)PF[.S Reg. 9101795-00 Fax: (806) 771.7625
wli�*
AMD Engineering and Surveying
THENCE S. 880 1 P 07" E. a distance of 256.23 feet to a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set for an ell corner of these plat limits;
THENCE N. 010 54' 23" E., at a distance of 168.00 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the south right-of-way line of said 26th Street, continuing for a total distance a
distance of 200.00 feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set in the north line
of said Southwest Quarter (S W/4) for a corner of these plat limits;
THENCE S. 980 11' 07" E., along the north line of said Southwest Quarter (SW/4), a distance of 272.00
feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set for the northeast corner of said 17.70
acre tract and these plat limits, having coordinates of Northing: 7,271,793.04 and Easting: 911,559.72 of
the Texas Coordinate System of 1983 (2011), Texas North Central Zone;
THENCE S. 010 54' 23" W., along the west plat limits of said Pine Hills Addition at a distance of 32,00
feet pass a 1/2" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of-way line of
said 26th Street, continuing at a distance of 45.69 feet pass the south right-of-way line of 26th Street as
dedicated with the plat of said Pine Hills Addition, continuing for a total distance of 1105.33 feet to a 1/2"
iron rod with a cap marked "AMD ENGINEERING" set at an ell corner of the plat limits of said Pine Hills
Addition for the southeast comer of said 17.70 acre tract and these plat limits, having coordinates of
Northing: 7,270,688.59 and Easting: 911,522.96 of the Texas Coordinate System of 1983 (2011), Texas
North Central Zone;
THENCE N. 880 08' 47" W., at a distance of 1085.42 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the east right-of-way line of said Upland Avenue, continuing for a total distance
of 1140.42 feet to the Point of Beginning. Bearings and coordinates are based on the Texas Coordinate
System of 1983 (2011), Texas North Central Zone. The convergence angle to True North is -10 53' 35.55"
and the combined scale factor is 0.99975986. Distances are at surface, in U.S. survey feet.
1, Norris Stevens, Registered Professional Land Surveyor, do hereby certify that this description was
prepared from an actual survey of the property and that the information hereon represents the findings of
this survey to the best of my knowledge and belief.
Surveyed August 31, 2021
Norris Stevens
Registered Professional Land Surveyor,
State of Texas, Seal No. 4339
"Revised It20/2022 - Corrected the bearing on the 81^ call
21 *74 Sec 43 111k AK, Tamer Pam
6515 681k Street, Suite 300 1 BPF Reg. N F-9197
Lubbock, Texas 79424 T13P1:LS Reg. M101783-00
2 -o/-eoZ3
Ofrice: (906) 771-5976
Fax' (906) 771-7625
j9dI Upland Crossing 3 Public Improvement District N
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0 Upland Crossing 3 PID
City of
Parcels 0 125 250 500 Lubbock
Feet TEXAS
Lot -Block Lines As req.i,edby Chapt.,2051,G..spati.i Data P,.d.ctsol Me Government
code, mi. proega i. ror mrorm.roq.i pgrp.....pe may.ot nave bee.
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1/31/2023
Upland Crossing 3
Public Improvement District
2023 SERVICE AND ASSESSMENT PLAN
FEBRUARY 16, 2023
'Ciu-bbock
Ci�,of
TF%AS
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
TABLE OF CONTENTS
Tableof Contents........................................................................................................................................ 1
Section I: Plan Description and Defined Terms......................................................................................... 2
Section II: Property Included in the PID......................................................................................................4
Section III: Description of the Improvement Project..................................................................................4
Section IV: Service Plan/Sources and Uses of Funds..................................................................................5
SectionV: Assessment Plan................................................................................................................................6
Section VI: Terms of the Assessments................................................................................................................ 6
Listof Exhibits............................................................................................................................................. 7
Exhibit A - PID Legal Description and Map........................................................................................................ 8
Exhibit B —Service Plan — Five Year Plan................................................................................................... 11
ExhibitC - Assessment Roll............................................................................................................................ 15
1
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
Plan Description and Defined Terms
A. Introduction
Chapter 372 of the Texas Local Government Code, Improvement Districts in Municipalities and
Counties" (as amended, the "PID Act"), governs the creation of public improvement districts
within the State of Texas. The City of Lubbock created the Upland Crossing 3 Public Improvement
District (the "PID") to maintain the public improvements associated with the Upland Crossing 3
planned development and for the benefit of certain property in the PID, all of which is located
within the City. (Capitalized terms used herein shall have the meanings ascribed to them in
Section 1.13 of this Service and Assessment Plan.)
This Service and Assessment Plan has been prepared pursuant to Sections 372.013, 372.014,
372.015 and 372.016 of the PID Act. According to Section 372.013 of the PID Act, a service plan
"must cover a period of at least five years and must also define the annual indebtedness and the
projected costs for improvements. The plan shall be reviewed and updated annually for the
purpose of determining the annual budget for improvements." The service plan is included in
Section IV of this Service and Assessment Plan.
Section 372.014 of the PID Act states that "an assessment plan must be included in the annual
service plan." The assessment plan is described in Section V of this Service and Assessment Plan.
Section 372.015 of the PID Act states that "the governing body of the municipality or county shall
apportion the cost of an improvement to be assessed against property in an improvement
district." The method of assessing the Costs of the improvements to the property in the PID is
included in Sections V and VI of this Service and Assessment Plan.
Section 372.016 of the PID Act states that "after the total cost of an improvement is determined,
the governing body of the municipality or county shall prepare a proposed assessment roll. The
roll must state the assessment against each parcel of land in the district, as determined by the
method of assessment chosen by the municipality or county under this subchapter." The
Assessment Roll for the PID is included as Exhibit C of this Service and Assessment Plan. The
Assessments as shown on the Assessment Roll are based on the method of assessment described
in Section V of this Service and Assessment Plan.
The City Council shall make all determinations necessary herein.
The City Council intends for the obligations, covenants and burdens on the owner of the Assessed
Property, including without limitation such owner's obligations related to the payment of the
Assessments, to constitute a covenant running with the land. The Assessments levied hereby
2
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
shall be binding upon the owners of Assessed Property, and their respective transferees, legal
representatives, heirs, devisees, successors and assigns. The Assessments shall have lien priority
as specified in the PID Act.
This Service and Assessment Plan provides for maintenance of improvements benefiting the
entire area of the Upland Crossing 3 PID.
B. Definitions
The terms used herein shall have the following meanings.
"Annual Service Plan Amendment" has the meaning set forth in the first paragraph of Section IV
of this Service and Assessment Plan.
"Assessed Property" means, for any year, parcels within the PID.
"Assessment" means, with respect to each Parcel, the assessment imposed against such Parcel
pursuant to the Assessment Ordinance and the provisions therein, as shown on the Assessment
Roll, subject to reallocation among Parcels and reduction according to the provisions herein and
the PID Act.
"Assessment Ordinance" means the Assessment Ordinance approved by the City Council
approving and adopting this Service and Assessment Plan.
"Assessment Roll" means the document included in this Service and Assessment Plan as Exhibit
C, as updated, modified, or amended annually in accordance with the procedures set forth herein
and in the PID Act.
"City" means City of Lubbock, Texas.
"City Council" means the duly elected governing body of the City.
"Costs" mean the actual or budgeted costs, as applicable, of all or any portion of the maintenance
of the public improvements, operation, and other supplemental services, as described in Exhibit
8 of this Service and Assessment Plan.
"Developer" means Betenbough Homes, Inc.
"Legal Description" means the metes and bounds legal description of the PID area included as
Exhibit to the Service and Assessment Plan.
3
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
"Improvement Project" means the maintenance of the public improvements that will provide a
special benefit to the property in the PID and described in Exhibit 8 of this Service and
Assessment Plan and Section 372.003 of the PID Act.
"Parcel" means a parcel identifed by either a tax map identification number assigned by the
Lubbock County Appraisal District for real property tax purposes or by lot and block number in a
final subdivision plat recorded in the real property records of Lubbock County, Texas or identified
by any other reasonable means determined by the City Council.
"PID" has the meaning set forth in the second paragraph of Section LA of this Service and
Assessment Plan.
"PID Act" means Texas Local Government Code Chapter 372, Improvement Districts in
Municipalities and Counties, Subchapter A, Public Improvement Districts, as amended.
"PID Map" means the map included as ExhibitA to the Service and Assessment Plan identifying
the property included in the PID.
"Service and Assessment Plan" means this Service and Assessment Plan prepared for the PID
pursuant to Section 372.013, 372,014, 372.015, and 372.016 of the PID Act.
Section II
Property Included in the PID
The PID is located in the City of Lubbock, Texas. A map of the property included in the PID and a
legal description is shown on Exhibit A to this Service and Assessment Plan.
The 21.646 acre development is expected to consist of approximately 100 residential units,
drainage basin, and associated rights of way, landscaping, and infrastructure.
An explanation of the method of assessing property is included in Section V.
Section III
Description of the Improvement Project
The general nature of the proposed public improvements is: (i) acquisition, contruction, or
drainage facilities or improvements, (ii) the design, construction, and maintenance of Parks and
green spaces together with any ancillary structures, features or amenities such as playgrounds,
splash pads, pool(s), athletic facilities, pavilions, community facilities, irrigation, walkways,
lighting, benches, trash receptacles and any similar items located therein along with all necessary
grading, drainage, and similar infrastructure involved in the maintenance of such parks and green
21
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
spaces; landscaping, hardscape and irrigation; and (iii) payment of costs associated with
developing and financing the public improvements listed in subdivision including costs of
establishing, administering and operating the District. The District is to supplement and enhance
services within the District.
The public improvements will be constructed by the Developer with no reimbursement from the
PID. After analyzing the maintenance, operation, and other supplemental services related to the
Public Improvements, the City has determined that the maintenance of the public improvements
authorized by the PID Act, shown in Exhibit B, should be performed by the City and has further
determined that these maintenance activities will be of special benefit to all the Assessed
Property within the PID.
A. Maintenance of Public Improvements
The cost of the maintenance, operation and other supplemental services to be funded through
assessments on Assessed Property is estimated at $10,000 in the first year and increases to
$31,524 in the 5t" year, with 2 percent annual growth thereafter. The budget for the
maintenance, operation, and other supplemental services will be determined annually by the City
and will be included in a Service Plan Amendment along with amendments to the Assessment
Roll reflecting assessments (the "Maintenance Assessment") based on such budget for
maintenance, operation and necessary supplemental services.
Section IV
Service Plan/Sources and Uses of Funds
Section 372.013 of the PID Act requires this Service and Assessment Plan to "cover a period of at
least five years and must also define the annual indebtedness and the projected costs for
improvements. The Developer plans to make improvements at a cost of $250,000. The PID will
not reimburse the Developer for those improvements. The PID will maintain the public
improvements. The plan shall be reviewed and updated annually for the purpose of determining
the annual budget for maintenance." Such annual update to this Service and Assessment Plan is
herein referred to as the "Annual Service Plan Amendment." The Upland Crossing 3 PID will have
no indebtedness and the PID assessments will fund the maintenance of the public improvements,
operation, and other supplemental services. The table below shows estimated sources and uses
of funds including the projected cost of maintaining the public improvements.
5
Tax Year
Property Values (Taxable)
Discounted Property Values
Fiscal Year Revenues
Interest Earnings
Assessment @ $0.18
Total
Expenses
Basin Park Maintenance
Annual Operating Cost
Administrative Costs
Total
Cash Reserve
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
Proposed
Budget
Projected
Totals
2023
2024 2025 2026 2027
58,165
52,349
2023-24
17, 559, 328
15,803, 395
2024-25
17, 910, 515
16,119,463
2025-26
18, 268, 725
16,441,853
2026-27
18, 634,100
16, 770, 690
2027-28
18, 634,100
16,770, 690
Totals*
$ -
94
-
28,446
71
29,015
47
29,595
21
30,187
$ 139
117,338
$ 94
28,446
29,086
29,642
30,208
$ 117,477
$ -
6,000
4,000
-
6,000
9,000
15,000
6,120
9,180
15,300
6,242
9,364
15,606
6,367
9,551
$ 45,906
30,730
41,094
$ 10,000
15,000
30,300
30,906
31,524
$ 117,730
$ (9,906)
3,540
2,326
1,062
1,011
$ 1,011
Assessment Information for $100,000 Home $180
The sources and uses of funds table is subject to revision each year.
Section V
Assessment Plan
The PID was created and the assessment is being levied pursuant to Section 372.015 of the PID
Act, "Determination of Assessment."
A. Allocation of assessment
• Properties will be assessed based on the City's 2023 "net taxable value" as established by
the Lubbock Central Appraisal District and submitted to the City under Tax Code Section
26.04.
• Assessment will be $0.18 per $100 valuation
• All property will be assessed based on the final 2023 "net taxable value".
Section VI
Terms of the Assessments
The annual assessment for each parcel within the PID shall be shown on the assessment roll. The
amount of the assessment could change each year when the Service and Assessment Plan are
0
City of Lubbock, Texas
Finance Department
Upland Crossing 3 Public Improvement District
Service and Assessment Plan
February 16, 2023
adopted due to increased value on a parcel or the estimated cost of maintaining the public
improvements, repair or replacement costs, and operational or administrative costs.
List of Exhibits
Exhibit A PID Legal Description and Map
Exhibit B Service Plan — Five Year Plan
Exhibit C Assessment Roll
7
j9dI Upland Crossing 3 Public Improvement District N
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City of
Parcels 0 125 250 500 Lubbock
Feet TEXAS
Lot -Block Lines As req.i,edby Chapt.,2051,Geo.p.ti.i Data P,od..t.ol Me Government
code, mi. proega i. ror mrormaio.ai pgrpo.e. ape may.ot nave bee.
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8
1/31/2023
AMD Engineering and Surveying
A 21.646 ACRE TRACT IN
THE SOUTHWEST QUARTER OF
SECTION 43, BLOCK AK,
E.L. & R.R. RR. CO. SURVEY, ABSTRACT NO. 184,
LUBBOCK COUNTY, TEXAS
A 21.646 acre tract of land located in the Southwest Quarter (SW/4) of Section 43, Block AK, E.L. & R.R.
RR. Co. Survey, Abstract Number 184, Lubbock County, Texas, being all of that certain tract of land
described as 17.70 acres in a Warranty Deed recorded in Volume 1472, Page 646 of the Deed Records of
Lubbock County, Texas, and a portion of that certain tract of land described as 4.25 acres in a Warranty
Deed recorded in Volume 6043, Page 101 of the Real Property Records of Lubbock County, Texas, said
21.646 acre tract being further described by metes and bounds as follows:
BEGINNING at a "MAG" nail set in the centerline of Upland Avenue and in the west line of said Section
43 at the southwest comer of said 17.70 acre tract, same being the most westerly northwest comer of the
plat limits of Pine Hills Addition, a subdivision according to the map, plat and/or dedication deed thereof
recorded in Volume 1709, Page 661 of the Deed Records of Lubbock County, Texas, and for the southwest
comer of these plat limits, having coordinates of Northing: 7,270,725.47 and Easting: 910,383,41 of the
Texas Coordinate System of 1983 (2011), Texas North Central Zone, whence a railroad spike found at the
southwest corner of said Section 43 bears S. 01 ° 52' 44" W. a distance of 1539.75 feet, said section corner
having coordinates of Northing: 7,269,186.91 and Easting: 910,332.94 of the Texas Coordinate System of
1983 (2011), Texas North Central Zone;
THENCE N. 01 ° 52' 44" E., along the centerline of Upland Avenue and the west line of said Section 43
at a distance of 170.25 feet pass a railroad spike found, continuing for a total distance of 204.33 feet to a
"MAG" nail set for the most westerly northwest corner of these plat limits, same being the southwest corner
of that certain 1.00 acre tract of land described in a Warranty Deed recorded in County Clerk's File Number
2018003570 of the Official Public Records of Lubbock County, Texas;
THENCE S. 880 08' 32" E., at a distance of 55.00 feet pass a UT' iron rod with a cap marked "AMD
ENGINEERING" set in the east right-of-way line of Upland Avenue, herein dedicated, continuing at a
distance of 55.61 feet pass a ) f2" iron rod with a green broken cap found, continuing for a total distance of
296.24 feet to a 1 /2" iron rod with a cap marked "RPLS 4460" found at the southeast comer of said 1.00
acre tract for an ell corner of these plat limits;
THENCE N. 01° 48' 4T' E., along the east lines of five tracts of land, being: (1) said 1,00 acre tract, (2)
Lynch Addition, Lots I -A and 1-B, an addition to the City of Lubbock, Lubbock County, Texas, according
to the map, plat and/or dedication deed thereof recorded in Volume 8252, Page 220 of the Official Public
Records of Lubbock County, Texas, (3) that certain 1.50 acre tract of land described in a Warranty Deed
recorded in Volume 2783, Page 126 of the Real Property Records of Lubbock County, Texas, (4) that
certain 0.94 acre tract of land described in a Warranty Deed recorded in Volume 4927, Page 188 of the Real
Property Records of Lubbock County, Texas, and (5)C.renwelge Addition, Lot I, an addition to the City of
Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in
Volume 5116, Page 195 of the Real Property Records of Lubbock County, Texas, at a distance of 868,45
feet pass a U2" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of-way line of
26th Street, herein dedicated, continuing for a total distance a distance of 900.45 feet to a 1/2" iron rod with
a cap marked "AMD ENG" set in the north line of said Southwest Quarter (SW/4) for the northwest corner
of said 4.25 acre tract and the most northerly northwest comer of these plat limits, having coordinates of
Northing: 7,271,819.82 and Easting: 910,714,61 of the Texas Coordinate System of 1983 (2011), Texas
North Central Zane, whence a cotton spindle found in the centerline of said Upland Avenue at the west
quarter corner of said Section 43 bears N. 88" 1 1' 07" W. a distance of 295.21 feet, said quarter section
comer having coordinates of Northing: 7,271,829.1-1 and Easting: 910,419.61 of the Texas Coordinate
System of 1983 (2011), Texas North Central Zone;
THENCE S- 880 1 P 07" E., along the north line of said Southwest Quarter (SW/4), a distance of 317.51
feet to a In" iron rod with a cap marked "AMD ENGINEERING" set for a corner of these plat limits;
THENCE S. 01" 54' 23" W., at a distance of 32.00 feet pass a 1+2" iron rod with a cap marked "AMD
ENG" set in the south right-of-way line of said 26th Street, continuing for a total distance of 200.00 feet to
a UT' iron rod with a cap marked "AMD ENGINEERING" set for an el l corner of these plat limits;
6515 681" Slrccl, Suite 300 TBPE Reg. 4 F•9197 Office: (806) 771-5976
Lubbock. Texas 79424 1'13PFt S Reg 0101795-00 Fax: (806) 771-7625
9
AMD Engineering and Surveying
THENCE S. 880 1 P 07" E. a distance of 256.23 feet to a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set for an ell corner of these plat limits;
THENCE N. 0 1 a 54' 23" E., at a distance of 168.00 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the south right-of-way line of said 26th Street, continuing for a total distance a
distance of 200.00 feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set in the north line
of said Southwest Quarter (S W/4) for a corner of these plat limits;
THENCE S. 880 11' 07" E., along the north line of said Southwest Quarter (SW/4), a distance of 272.00
feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set for the northeast corner of said 17.70
acre tract and these plat limits, having coordinates of Northing: 7,271,793.04 and Easting: 911,559.72 of
the Texas Coordinate System of 1983 (2011), Texas North Central Zone;
THENCE S. 010 54' 23" W., along the west plat limits of said Pine Hills Addition at a distance of 32.00
feet pass a 1/2" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of-way line of
said 26th Street, continuing at a distance of 45,69 feet pass the south right-of-way line of 26th Street as
dedicated with the plat of said Pine Hills Addition, continuing for a total distance of 1105.33 feet to a 1/2"
iron rod with a cap marked "AMD ENGINEERING" set at an ell corner of the plat limits of said Pine Hills
Addition for the southeast corner of said 17.70 acre tract and these plat limits, having coordinates of
Northing: 7,270,688.59 and Easting: 911,522.96 of the Texas Coordinate System of 1983 (2011), Texas
North Central Zone;
THENCE N. 880 08' 47" W., at a distance of 1085.42 feet pass a 1/2" iron rod with a cap marked "AMD
ENGINEERING" set in the cast right-of-way line of said Upland Avenue, continuing for a total distance
of 1140.42 feet to the Point of Beginning. Bearings and coordinates are based on the Texas Coordinate
System of 1983 (2011), Texas North Central Zone. The convergence angle to True North is -10 53' 35.55"
and the combined scale factor is 0.99975996. Distances are at surface, in U.S. survey feet.
I, Norris Stevens, Registered Professional Land Surveyor, do hereby certify that this description was
prepared from an actual survey of the property and that the information hereon represents the findings of
this survey to the best of my knowledge and belief.
Surveyed August 31, 2021
a
Norris Stevens
Registered Professional Land Surveyor,
State of Texas, Seal No. 4339
"Revised I/20/2022 Corrected the bearing on the 8i0 call
211574 Sec 43131k AK, Turner TracL
6515 681' Serccl, Suite 300 113?F Reg. # F-9197
Lubbock, Texas 79424 T13Pl:LS Reg. #t01785.00
2 o/-WZ,5
Office: (806) 771-5976
Far:(806)771-7625
10
Service Plan
Tax Year
Property Values (Taxable) *
Discounted Property Values
Fiscal Year Revenues
Interest Earnings
Assessment @ $0.18
Tota I
Expenses
Basin Park Maintenance
Annual Operating Cost
Administrative Costs
Total
Cash Reserve
Exhibit B
City of Lubbock, TX
Finance Department
Upland Crossing 3 Public Improvement District
2023 Preliminary Service Plan
February 16, 2023
Proposed
Budget
Projected
Totals
2023
2024 2025 2026 2027
58,165
52,349
2023-24
17, 559,328
15, 803,395
2024-25
17,910,515
16,119,463
2025-26
18, 268,725
16,441,853
2026-27
18, 634,100
16, 770, 690
2027-28
18, 634,100
16,770, 690
Totals*
$
-
94
-
28,446
71
29,015
47
29,595
21
30,187
$ 139
117,338
$
94
28,446
29,086
29,642
30,208
$ 117,477
$
-
6,000
4,000
-
6,000
9,000
15,000
6,120
9,180
15,300
6,242
9,364
15,606
6,367
9,551
$ 45,906
30,730
41,094
$
10,000
15,000
30,300
30,906
31,524
$ 117,730
$
(9,906)
3,540
2,326
1,062
1,011
$ 1,011
Assessment Information for $100,000 Home $180
11
Attachment 1
2023 Service and Assessment Plan Required Attachment
Sec. 5.014. NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT. (a) A
person who proposes to sell or otherwise convey real property that is located in a public improvement
district established under Subchapter A, Chapter 372, Local Government Code, or Chapter 382, Local
Government Code, shall first give to the purchaser of the property the written notice prescribed by
Subsection (a-1) or (a-2), as applicable.
(a-1) Except for the notice prescribed by Subsection (a-2), the notice required by Subsection
(a) shall be executed by the seller and must, except as provided by Subsection (b), read as follows:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO (insert name of municipality
or county levying assessment), TEXAS
CONCERNING THE FOLLOWING PROPERTY
(insert property address)
As the purchaser of the real property described above, you are obligated to pay assessments to
(insert name of municipality or county, as applicable), Texas, for the costs of a portion of a public
improvement or services project (the "Authorized Improvements") undertaken for the benefit of the
property within (insert name of public improvement district) (the "District") created under (insert
Subchapter A, Chapter 372, Local Government Code, or Chapter 382, Local Government Code, as
applicable).
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED
IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL,
IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR
DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND
DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from (insert name of municipality or
county, as applicable). The exact amount of each annual installment will be approved each year by
(insert name of city council or county commissioners court, as applicable) in the annual service plan
update for the district. More information about the assessments, including the amounts and due dates,
may be obtained from (insert name of municipality or county, as applicable).
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
The undersigned purchaser acknowledges receipt of this notice before the effective date of a
binding contract for the purchase of the real property at the address described above.
Date:
Signature of Purchaser
(a-2) For a district described by Section 372.0035, Local Government Code, the notice required
by Subsection (a) shall be executed by the seller and must, except as provided by Subsection (b), read as
follows:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO (insert name of municipality
levying assessment), TEXAS
Signature of Purchaser
12
(a-2) For a district described by Section 372.0035, Local Government Code, the notice required
by Subsection (a) shall be executed by the seller and must, except as provided by Subsection (b), read as
follows:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO (insert name of municipality
levying assessment), TEXAS
CONCERNING THE FOLLOWING HOTEL PROPERTY
(insert property address)
As the purchaser of the real property described above, you are obligated to pay assessments to
(insert name of municipality), Texas, for the costs of a portion of a public improvement or services
project (the "Authorized Services") undertaken for the benefit of the property within (insert name of
public improvement district) (the "District") created under Subchapter A, Chapter 372, Local
Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED SERVICES,
WHICH MUST BE PAID IN FULL WITH EVERY PAYMENT BY THE HOTEL OF LOCAL HOTEL OCCUPANCY TAX
REMITTANCES TO THE MUNICIPALITY. YOUR FAILURE TO PAY THE ASSESSMENT MAY RESULT IN
PENALTIES AND INTEREST BEING ADDED TO WHAT YOU OWE, AND MAY INCLUDE THE PURSUIT OF ANY
OTHER REMEDY THAT IS AUTHORIZED UNDER SECTION 372.0035(d), LOCAL GOVERNMENT CODE.
Information about the calculation of the assessment may be obtained from (insert name of the
municipality). The exact assessment rate will be approved each year by (insert name of city council) in
the annual service plan update for the district. More information about the assessments, including the
assessment rate and due dates, may be obtained from (insert name of municipality).
The undersigned purchaser acknowledges receipt of this notice before the effective date of a
binding contract for the purchase of the real property at the address described above.
Date:
Signature of Purchaser
(b) The seller or the municipality or county that created the public improvement district may
provide additional information regarding the district in the notice prescribed by Subsection (a-1) or (a-
2), including whether an assessment has been levied, the amount of the assessment, and the payment
schedule for assessments.
(c) This section does not apply to a transfer:
(1) under a court order or foreclosure sale;
(2) by a trustee in bankruptcy;
13
(3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a
deed of trust by a trustor or successor in interest;
(4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at
a sale conducted under a power of sale under a deed of trust or a sale under a court -ordered
foreclosure or has acquired the land by a deed in lieu of foreclosure;
(5) by a fiduciary in the course of the administration of a decedent's estate,
guardianship, conservatorship, or trust;
property;
(6) from one co-owner to another co-owner of an undivided interest in the real
(7) to a spouse or a person in the lineal line of consanguinity of the seller;
(8) to or from a governmental entity; or
(9) of only a mineral interest, leasehold interest, or security interest.
(d) For the purposes of this section, a contract for the purchase and sale of real property
having a performance period of less than six months is considered a sale requiring notice.
Added by Acts 2005, 79th Leg., Ch. 1085 (H.B. 1919), Sec. 1, eff. January 1, 2006.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 20.002, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 3, eff. September 1, 2021.
14
Exhibit C
City of Lubbock, TX
Upland Crossing 3 Public Improvement District
2023 Assessment Roll
(Provided by LCAD 2-8-23)
Property ID
PartyName
PartyAddress
SitusAddress
LegaIDescription
2023 Market
2023 Estimated
2023 Estimated
Value
Taxable Value
Assessment
R150427
BETENBOUGH HOMES LLC
6305 82ND ST
LUBBOCK 79407
BLK AK SEC 43 AB 184 TR
16,059
16,059
$ 28.91
LUBBOCK, TX 79424-
13A AC: 3.8235
R32832
BETENBOUGH HOMES LLC
6305 82ND ST
LUBBOCK 79407
BLK AK SEC 43 AB 184 TR
42,106
42,106
75.79
LUBBOCK, TX 79424-
1 ACS: 17.7
3681
S8,1651
58,1651
$ 104.70
15
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
t
L-
Kelly Pinion County Clerk
Lubbock County TEXAS
03/09/2023 10:a AM
g2023008636