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HomeMy WebLinkAboutResolution - 2023-R0391 - Interlocal Agreement, LCAD Assessments Levied, Upland Crossing 3 PID - 08/22/2023Resolution No. 2023-R0391 Item No. 6.7 August 22, 2023 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 and on behalf of the City of Lubbock, an Interlocal Agreement for the Collection of Assessmf Levied on Property Within the Upland Crossing 3 Public Improvement District, by and betw the City of Lubbock and Lubbock Central Appraisal District of Lubbock, Texas, and rel� documents. Said Agreement is attached hereto and incorporated in this resolution as if fully forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 22,_2023 TRAY PAYN :, MAYOR APPROVED AS TO CONTFNT: � D. lu Kost lich, Chief Financial Officer APPROVED AS TO FORM: lli Leisu e, Senior Assistant City Attorney ccdocslRES.Interlocal Agreement-I.CAD, Upland Crossing 3 Public Improvement District 7.28.23 Resolution No. 2023-R0391 TNTERLOCAL AGREEMENT FOR THE COLLECTION OF ASSESSMENTS LEVIED ON PROPERTY WITHIN THE UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT This Interlocal Agreement for the Collection of Assessments Levied on Property Within the Upland Crossing 3 Public Improvement District (this "Agreement") is made by and between the City of Lubbock, Texas, a State of Texas Home Rule Municipal Corporation (the "City"), and the Lubbock Central Appraisal District, (the "LCAD") (each a"Party" and collectively the "Parties"), for the collection of assessments levied within the Upland Crossing 3 Public Improvement District of the City of Lubbock (the "PID") pursuant to the authority granted by, and in compliance with, the provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and the provisions of Chapter 372 of the Texas Local Government Code (the "AcY'). RECITALS WHEREAS, on March 7, 2023 the City Council of the City (the "Council") passed Resolution 2023-R0145 according to the Act, and designated the Council as the entity responsible for the management and provision of services to the PID, with such Resolution attached to this Agreement as "Exhibit A" ; and WHEREAS, on April 25, 2023, the Council passed Ordinance 2023-00038, approving the Service Plan for the PID, with such Service Plan attached to this Agreement as "Exhibit B" ; and WHEREAS, the Council levied assessments for 2023 in accordance with the Service Plan; and WHEREAS, the Act requires that the Council annually review the Service Plan, prepare and file a proposed assessment roll with the City Secretary, schedule a public hearing and receive public comment on the proposed assessments to be levied on the property within the PID, and levy assessments according to the Service Plan; and WHEREAS, the Council desires to enter into a contract with LCAD to provide all the services necessary for the collection of assessments levied by the Council against the property within the PID and to deposit such assessments with the City for the benefit of the PID; and WHEREAS, LCAD is able and willing to perform said assessment collection services and desires to enter into a contract with the City for the collection of assessments levied on property within the PID; and NOW TI3EREFORE, the Parties agree as follows: AGREEMENT ARTICLE I: RECITALS AND EXHIBITS MADE A PART OF AGREEMENT The representations, covenants, and recitations set forth in the foregoing Recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though they were fully set forth in this Article I. "Exhibits A and B" attached hereto are incorporated into this Agreement as if fully set forth herein. City of Lub6ock & Lubbock Central Appraisal DistrIct — Upland Crossing 3 PID Assessment Collection Agreement Page 4 ARTICLE II: RESPONSIBILITIES OF LCAD (a) LCAD, acting by and through its duly authorized officers, does hereby agree to perform all calculation and collection services on behalf of the PID pursuant to the Act and City Ordinance 2023-00038, and to forward said funds to the City for deposit into a fund designated for assessments levied on property within the PID (the "PID Fund"). (b) LCAD agrees to identify the properties within the PID liable for assessment and to calculate the assessment due to the PID based on the City's 2023 net taxable value as determined by LCAD for each property designated to be assessed under Ordinance 2023-00038. (c) LCAD will send assessment bills to each affected property owner within the PID prior to November 15, with such assessment bills due the following January 31. On or before March 1 of each year, and again prior to May 1, LCAD will calculate the amount of assessments collected from property owners within the PID, and such amount shall be forwarded to the City for deposit into the PID Fund. ARTICLE III: RESPONSIBILITIES OF THE CITY (a) The City shall provide to LCAD the following documents: a certified copy of Ordinance 2023- 00038; a list of the properties within the PID, identified by legal description and appraisal district account number, designated for assessment under current and future assessment ordinances; and, the name and phone number of a designated City official to be included on the annual assessment bill for the purpose of answering questions concerning the assessment contemplated under this Agreement. (b) The PID, acting by and through its Board of Directors and the Council, does hereby agree to pay to LCAD as compensation for services rendered pursuant to this Agreement, for all parcels within the PID, an amount equal to the cost per parcel for all other cities and independent school districts as calculated in the AGREEMENT FOR ASSESSMENT AND COLLECTION OF TAXES between the City and LCAD or one quarter ('/) of one percent (1%) of the annual collection budget of LCAD, whichever is greater. (c) The compensation considered in Article III (b) shall be deducted by LCAD from the total annual PID assessment collected prior to the collected funds being forwarded to the City for deposit. Such deduction in the total annual amount of annual collected assessment shall include a notation of the amount deducted and all relative documentation. ARTICLE IV: COLLECTION OF DELINQUENT ASSESSMENTS LCAD may contract with any competent attorney to assist in the collection of delinquent assessments on behalf of the City acting for the PID. The attorney's compensation shall be set in the contract, but the total amount of compensation provided to the attorney may not exceed the amount authorized in Section 6.03 of the Texas Property Tax Code. Said compensation shall be a deduction in the total annual amount of annual collected assessment and shall include a notation City of Lubbock & Lubbock Central Appraisal District — Upland Crossing 3 PID Assessment Collection Agreement Page 5 of the amount deducted and all relative documentation. ARTICLE V: TERM The term of this Agreement shall be for a period of one (1) year, from the date of execution of this Agreement (the "Term"). The Term may be extended through a writing signed by the Parties that incorporates identical provisions laid out in this Agreement (an "Extension"). ARTICLE VI: TERMINATION (a) This Agreement shall not be terminated for convenience by either Party during the Term or any Extension. (b) Upon the breach of any of the provisions contained in this Agreement, the non-breaching Party may terminate this Agreement after giving sixty (60) days written notice to the breaching Party. (c) In the event of early termination provided for in section (b) of this Article, LCAD shall immediately forward to the City any and all funds collected before ternunation in accordance with Articles II and N of this agreement. ARTICLE VII: NOTICE Whenever notice of any kind is authorized or required to be made under this Agreement, such notice shall be given by United States registered or certified mail, postage prepaid, return receipt requested and addressed to the Parties as set out below, or to such other address as may hereafter be designated: UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT LUBBOCK CENTRAL APPRAISAL DISTRICT CITY OF LUBBOCK CHIEF APPRAISER� LCAD P.O. Box 2000 P.O. BOx 10542 1314 AvENUE K 2109 AvE Q LUBBOCK, TExAs 79457 LuBsoCx, TEacAs 79408 ARTICLE VIII: AMENDMENTS This Agreement constitutes and expresses the entire arrangement between the Parties and shall not be amended or modified except by written instruments signed by both Parties. SIGNATURES IN WITNESS WHEREOF, the Parties hereby execute this Agreement by their duly authorized representatives on August 22 , 2023. City of Lubbock & Lubbock Central Appraisal District — Upland Crossing 3 PID Assessment Collection Agreement Page 6 FOR LCAD: Greg Jones, Chairman, rd of Directors FOR LCAD: Bo y McQueen, Secretary, Board of Directors FOR CITY: Tray 1'ayne, ar ATTEST: C ney Paz, City Se et AS TO CONTENT: D. u Kost ch, Chief Financia Officer AS TO FORM: � elli Leisure, Assistant City Attorney City of Lubbock & Lubbock Centrsl Appraisal District — Upland Crossing 3 PID Assessment Collection Agreement Page 7 Exhibit A— Resolution Creatin� the Upland Crossin� 3 Public Improvement District City of Lubbock & Lubbock Central Appraisat District — Upland Crossing 3 PID Assessment Collection Agreement Page 8 Resolution No. 2023-R0145 EXHIBIT A 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 properiy 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 1", 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 26�' 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�') 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 (15`�) 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 (7`�) day of Mazch, 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 dishict, 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 aze 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 similaz items located there in along with all necessary grading, drainage, and similar infrastructure involved in the construction of such parks and greens; landscaping, hazdscaping 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 dollazs ($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 thc City Council this 7th day of March , 2023. A TEST: C ey Paz, Interim City Se4 APPROVED AS TO CO ENT: Brianna Brown, Director of Business Development APPROVED AS TO FORM: elli Leisure, Senior Assistant City Attorney Ccdocs:/Npland 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 Imp�ovement 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 Morth 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 publit improvements for Upland Crossing 3 PID. In order to comply with the "Public Improvements District Policies and Gu(delines", we are providing information as required in Section III. "Guidelines", b. "Petition Requirements": 1. Betenbough Hornes has purchased/optioned almost 21.646 acres. 8etenbough 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 heafthy and thriving. We have vested interest in making this PID healthy and self-sufficient. 2. This requirement is addressed in Section 5 of the attomp�nying Petition. 3. This requirement is addressed in Section i of the accompanying Petition. 4. i'his requirement is addressed in Section 5 of the accompanying Petition. 5. If there is su�cient 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 �equirements 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 PI�. eetenbough 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 tost 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. �' f ,: �����.s�� BETENBOUGH HOMES 7. Operation of the PID process shall be consistent with the bylaws for Public Imp�ovement Districts for the City of lubbock. lf a board is not established, then the operation of any PID actions will be managed by the City Manager or desig�ee. 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 PIO 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. il. 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,ODD per year and is to be paid for by the PIO as soon as the funds are available. This is the estimated cost for the entirety of the "park system", 22. Addressing this requ(rement 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 p�operties and will be assessed at $.18 per $300.00 valuation. 14. Documentatio� 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� Ch►is Berry Land Uevelopment Manager Betenbough Homes PETTTION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT TO FINANCE llVIPROVEMENTS TO UPLAND CROSSING 3 PUBLIC IMPRQVEMENT DISTRICT THE STATE OF TEXAS § § CITY OF LUBBOCK § TO: THE HONORABLE MAYOR AND CTTY COUNCIL OF THE CTTY 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 improvements. 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 infrastrueture involved in the construction of such pazks and greens; landscaping, hazdscaping 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 bovndaries of the District aze described in Exhibit A and Exhibit B. Section 5. Method of assessment. An assessment rnethodology 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 yeaz, and (iii} reduction of the assessments for eosts 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 propeRy on the basis of the special benefits. The result will be that eyual shares of the costs will be imposed on property similarly benefited. In assessing the maintenance of the public improvements, property will be classi5ed based on the net taxable value of the property. The assessment methodology will result in each pazcel 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. Mana�ement 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 ihe 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] -2- PETITIONERS: Betenbough Homes LLC C�� � Chris Berry, Land Planning Manager THE STATE OF TEXAS § § COUNTY OF LUBBOCK § On this, the day o _, 2023, before rne, the undersigned Notary Public, personally appeared Paddi Moya ho acknawledged thai he is Connections Speciafist of Betenbough Homes, LLC, and that he, in such capacity, being duly authorized so to do, executed the foregoing petition for the purposes thereia contained by signing his name in such capacity. IN WITNESS WHEREOF, I have .... �PATRICIA M. MOYA �tary �� �f exes My C,om�r�r� E�ee 08�11-1026 my hand and offcial seal. Sig�r�ttttre Pcige for Petitiu�r AMD Engineering and Surveying A 2l .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 trect of lend locatod in 1he Soulhwest Quarter (SW/4) of Section 43, Btock AK, E.L. dt R.R. RR. Co. Survey, Abat�act Number {84, Lubbock Counry, Texas, boing all of that ceriain Irsct o! lend described as 17.70 acres in a Warranty Deed rcoo�ded in Volume 1472, Pege 646 of the Daod Recads of Lubbock County, Texes, and a poriion of that certain tract of land Aescribed es 4.25 acr�es in a Wartanty Deed recordod in Volume 6043, Page 101 of the Real Property Rawrds of l.ubbock County. Texes, seid 21.646 acro Uact being furiher descn'bed by metes end bounds as follows: BEGINNIIYG at a"MAG" nail set in the ca�terline of Upland Avenue a� in the west line of seid Section 43 at the sowhwest comer of said 17.70 acrc dacl, seme being the most westerly nathwest comer of the plat limits of Pine Hilis Addition, a subdivision according to the mep, piat and/or dedication deed theroof recorded in Volume 1709, Page 661 of the Dad Recoids of Lubbock Counry, Texas, and for the soulhwest wmer of these plat limits, having coordinates of Northing: 7,270,725.47 and fssting: 910,383.41 of the Texas Coordinate System of 1983 (2011 � Texas Nwth Central Zom. whwxe a railroad spike found at the southwosl corner of said Section 43 bears S. 01 ° 52' 44" W. a distance of 1539.75 fod, said section conrer having coordinates of Northing: 7,269,186.91 end Easting: 910,332.94 of the Texas Coa+dinate System of 1983 (201 l� Texas iVaih Central Zone; THENCE N. Oi° 52' 44" E., ebng Ihe centerline of Upland Avenue and Ihe west linc of said Soction 43 at a distance of 170.25 fixt pess a raih�oed spike found, condnuing for a total dislana of 204.33 fat to a "MAG" neif sct for Ihe mosl westerly northwest corner of d�ese ptat I imits, semc being lhe southwest comer of that ce�tain 1.00 acre tract of land described in a Wmranty Deed recorded in County Clerk's File Number 2018003570 of the OfFiciel Public Records of Lubbock County. Texas; THENCE S. 88° 08' 32" E.. at a distencc of 55.00 fea pass a 1/2" iroo rod with a cap markod "AMD ENGMEER[NG" sct in the east right-of-way line of Upland Avcnue, herein dadicateQ, continuing at a distance of 55.61 fed pass e I/2" iron rod wnh a green brolcen cap found, continuing for a lote{ distance of 296.24 feet to a IR" iron rod with e cap marked "RPLS 4460" found at the southesst comer ofseid I.00 acre tract for en ell cormr of these plat limits; THENCE N. 01° 48' 47" E., along the east lines of five lracts of lend, being: (1) said 1.00 acre tract, (2) Lynch Addition, Lots I-A and 1-B, an addition to the Ciry of Lubbock, Lubbock County, Texas, according to d�e map. Plat and/or dedication deed theroof recorded in Volume 8Z52. Pege 220 of the Oflicisl Public Records of Lubbock Counry, Texas, (3) that artain I.SO �ro tract of la� described in a Wa�ranty Deed recaded in Volume 2783, Page 126 of Uie Real Property Reoords of Lubbock Counry, Texas, (4) that ceAain 0.94 acro tract of land dese�ibod in a Wananry Deed recorded in Volume 4827, Page f 88 of the Real Property Rceords of Lubbock County. Texas, and (S) Crenwelge Addition, Lot I, an addition to the Ciry of Lubbock, l.ubbock Counry, Texas, a�xording to the map. plat and/or dedicetion dood thereof recorded in Volume 5116, Page l95 of the Real Property Records of Lubbock County, Texas, at a distance of 868.A5 feet pass a 1!2" iron rod wilh a cap marked "AMD ENGINEERMG" set in the aouth rtght-of-wsy line of 26th Street, heroin dedicatod, continuing for a total dislancx a dislance of 9�.45 feet to a 1!2" iron rod with e csp marked "AMD ENG" set in the no�th line of said Southwest Quarter (SW/4) for the northwest comcr of said 4.25 acrc uaa and the most nonher(y �orthwest cortxr of ehese p1al limits, having coordinates of Northing: 7,271,819.82 and Easting 910,714.61 of the Texas Coordinete System of 1983 (201 I), Texas North Cmtral Zone, whence a cotton spirtdle found in tha centerline of aeid Upland Avenue at the wat quarter corner of said Section 43 beers N. 88° 1 I' 07" W. a dissanct of 295.21 feet, said quarter section corner having coordinates of Nonhing: 7,271,829.17 and Easting: 910,419.61 of lhe Texas Coadinate System of 1983 (201 I), Texes North Central Zate; TNENCE S. 88° 1 l' 07" E., along the �wrq� line of seid Southwest Querter (SW/4), a dislance of 317.51 feet to a i/Z" iron rod with a cap markod "AMD ENGRVEERING" set for a corner of ihese plat limits; THENCE S. 01° 54' 23" W„ at s distance of 32.00 fat pau a I/a" iron rod with a cap marked "AMD fiNG" set in the saulh right-of-way line of seid 261h Street, continuing for a totel distance of 200.00 feet W a 12" iron rod with a cap medced "AMA ENGINEERING" set for an ell comer of these plet limits; 63I S 68b Strccl, Suite 300 1'HPE Reg. i F•9197 Offioe: (806) 771-3976 I.ubbock Tcxas 79424 TDPFIS Rcg. d 10178500 Fex: (806) 771-'1625 AMD Engineering and Surveying THENCE S. 88° I I' 07" E. a distance of 256.23 foet to a i/2" iron rod with a cap madced "AMD ENGINEERING" set for en ell corne� of these plat limits; THEIVCE N. 01° 54' 23" E., at a distence of 168.00 feet pass a IR" iron rod with a cap marked "AMD ENGMEERING" set in 1he soulh right-of-way line of said 26th Street, continuing for a total distance a distattcc of 200.00 fat to a I/2" iron rod wi�h a cap merked "pMD ENGMEERING" set in the nonh line of seid Southwest Quarter (S W/4) for a corner of thes� plet limits; THENCE S. 88° I 1' 07" E., along the north Iine of said Southwest Quarter (gV1►/q), a distence of 272.00 fat to a tR" iron rod with a cep merked "AMD ENGINEERMG" set fa the northesst corner of seid I �.70 acre tracc end theso plat limits, heving coordiiretes of Tlorthing: �,27f,793.04 and Easting: 911,539.7Z of the Texas Coordinate System of 1983 (201 I), Texas Norih Central Zone; THENCE S. 01° 54' 23" W., along the west p1a1 limits of said Pi� Hills Addition at a distencc of 32.00 feet pass e I/2" iron rod with a cep marked "AMD ENGINEERITIG" sei in the south right-of-way lina of said 261h Sueet, continuing at a distance of 45.69 faet pess the south right-of-way linc of 26th Sdeet as dedicated with the plet of said Pine Hills Addition, conNnuing for s total distance of I 105.33 feet to e IR" iron rod with a cap merked "AMD ENGINEER[NG" set at an ell corner of the plat limits of seid Pine Hills Addition for the southeast comer of seid 17.70 acre tract and chese plat limits, having coordinetes of Northing: 7,270,688.59 ar�d Easting: 911,522.96 of the Texas Coordinate System of 1983 (2011� Texas Norlh Central Zone; THENCE N. 88° 08' 47" W., et a distena of 1085.42 feet pass a IR" 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 Pdat o[ Beglnning. Bearings and coordinates ere based on the Texas Coordinate System of 1983 (201 I), Texas North Central Zaie. The convergence angle to True North is -!° 53' 35.55" and the combined scale factor is 6.99975966. Distartces ere et surface, in U.S. survey feet. I, Noais Stevens, Registered Professional Land Surveyor, do heraby certify that ehis description was pnepered from an acwal survey of �he property end that the informetion hereon represents the findings of t}iis survey to the best of my knowlodge and belief. Surveved Au¢us131. 2021 Y Norris Steve.ns Registercd Professiona) [.and 5urveyor, Staro of Texas, Seal No. 4339 s•Revised I/20/2022 - Correctcd 1he bcering on 1he 8°i cell 2•O/� ZOL'f 21067� Sec 411lIk AK. Tww 7wa. 6515 68� Suecl, SuGe 300 I IiPF. Reg. i F-9197 O(fice: (806y 771-5976 Lubback, Texas 79124 TDPI:1.5 Rcg. M101783-00 fax: (806) 771.7625 . . I . , I . M . Sketch A-4 S—d I w (•' � � � [�� ;i� �, _��r�;� ! ' � t�tr a� . • ����� L �� # ,��� '� F - sl ; ! r ��i� }�_ . $ ;� !� �1� ��jt �_i 7 7���V o �7 �� F'f ��:e�� i0� � ,�� �� _ �� . t �i� 1� ��p�� f�.! « 3 E{ t t a �� ! ���'�. � � � ���Oktll�i� `•,�'.il�� "-' �+;����,t (��e � � ��5.. �! fP lJ.� +�� �� �` ��E 1, ���l��� �! !� �rtf i���� t �� � =r:. ..•...:i ���:t�.i tij:� ��1 d�t Fisit����jr; r!: r #, ����i4���i'�;� ��i ( ;� � � �: #��,�;ci� �:� , �;:'. ; � ;S� viat�; ! 9�r �._ i" �i 3� � �� 3- • �_z siQi � �i �: ....... „��... �"i � �.,...., �� .. - ±� . . 0 , . ., � �, . _ _ _ „ �. . r.�.� . i� .0 . " • `I.i��l�� �� : �f 7e,-•-�--•� � � `' �� _ � � a.,�,� . : � , 2 •.. � p1 i i � � �+ � � � ::.'a � . I F� � � �' ; Ei.� ' �� ' +�• _ i _: � 4 � ' � �� � � r • -.m-.� ' _ .. t .� ; � ...,.o :. .� � .�Z T t1. � i t=. �!t� • .. ��� !' t .r # �ti� � � �_.;: i� .... •...� 4A ].i �51 ♦ � .i... €��:.� �r : .__ ,....,. , �i ='f Fa., �t l{i�. ; �i � r•�� � ! � :{ �l� ; �,P�:� � i.l ,.t E �y ��� t�i q= 1' j,� � 3 ��. �3. : • 1�t ' � ��� � � i �. c',, ��� ��1� �r� � �.... �.w� M '_i w � b�I�S� iie re�- 7� ~ �».:.:._ ♦ .._.,�....._ , • • ,•: r• ��! Yy� _.�..._ i... � ' j � r . ._.. �.. �. .. .... r:. r.� T.i..�...�...�.. ;i,,�, �(� ` � ..... ..�... �`di' ,'=„»x:.z.._.�:er_ li f; � t ..�� ,__. �', • �� ► �` � .'i • t i� i� ►� �;8 , E!�, ,� � ���Sj '�� �1�t t � � ��t i - t .. � I �' � , * e 1� !�r itl� f a� �3 p. � d �� •� � � a M � � � � � � � � � i 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 N0.184, LUBBOCK COUNTY, TEXAS A 21.646 acre tract of lend located in �hc Soulhwest Quarter (SW/4) of Section 43, Block AK, E.L. dt R.R. RR. Co. Survcy, Abstrnq Number 184, Lubbock Counry, Texas, being sll of tha� certain irsct ot lend deacribed as 17.70 ecres in a Wartanty Deed recordod in Volume 1472, Page 646 of tiie Daed Recads of Lubbock Coumy, Texas, and a po�tion of that certain tract of land desen'bed as 4.25 acr�es in a Warranty Deed recaded in Volume 6043, Page 10! of the Rea1 Property Rawrds of Lubbock County. Texas, said 21.646 acro tract being furtFier descn'beci by maes and bounds as follows: BEGINNING at a"MAG" nail sa in the ca�terlina of Upland Avenue and in the west line of seid Section 43 at the southwest comer of said 17.70 acrc dacl, seme being thc most westerly nathwest comer of the plat limits of Pine Hills Addition, a subdivision according to the mep, piat anNor dodication deed theroof rccorded in Volume 1709, Page 661 of the Deed Rxords of Lubbock County. Texas, and for the southwest wmer of dMse plat limits, having coordinates of Northing: 7,270,725.47 and fssting: 910,383.41 of the Teuas Coordinalo System of 1983 (2011 � Texas North Central Zone, whence a reilroad spiko found at the sautMwesl oorner of seid Section 43 bears S, 01 ° 52' 44" W. a distance of 1539.75 ka, said section conrcr having coordinates of Northing: 7,269,186.91 and Easting: 910,332.94 of the Texas Coadinate System of 1983 (2011 � Texas Nodh Centrel Zane; T}IENCE N. 01" 52' 44" E., abng the centerline of Upland Avenue and the west li� of said Section 43 at a distance of 170.25 fcet pess a roihnad spike found, continuing for a total distancx of 204.73 fat to a "MAG" nail sct for lhe mast westerly northwest corner of tk�ese plat limits, semc being the southwest coma of that certain 1.00 acre hsct of land dacribed in a Warranty Dced rceorded in County Cterk's File Numba 20i 8003570 of tlu Of%ciel Public Records of Lubbock Counry, Texas; THETICE S. 88° 08' 32" E.. at a distence of SS.00 fea pess a 1/2" iron rod wid► a cep marked "AMD ENGMEERING" set in the east right-of-way lioe of Up(and Avenue, herein dadicatod, con�inuing at a distana of 55.61 feel pass e 1/2" iron rod wnh a groen brofcen cap found, continuing for a total dislance of 29624 feat W a 1 R" iron rod with e cep merked "RPLS 4460" found at the southeast comer of seid 1.00 acre trect for an ell cornu of these plat limits; THENCE N. 01° 48' 4T' E., along the east lioes of five lracts of land, being: (I) said 1.00 acre trao1, (2) Lynch Addition, Lots I-A and 1-D, an addition to the Ciry of Lubbock, Lubbock County, Texas, accarding to the map, plal and/a dalication dced theroof recorded in Volume 6252, Pege 220 of the Officiel Public Records of Lubbock Counry, Texas, (3) that eertain 1.50 acre tract of land described in a WaRanry Deed reconded in Volume 2783. Page 126 of �he Real Properry Recarda of Lubbock Counry, Texas„ (4) that certain 0,94 acre �cact of land described in a Werranry Deed recorded in Volume 4627, Page f 88 af tbe Real Property Rcoords of Lubbock Counry. Texas, and (S) Crenwelge Addition, l.ot l, an addition to the Ciry of Lubbock, Lubbock County, Texas, according to the map, plat and/or dodicatan doad thereof recorded in Volume 5116, Page l95 of the Real Property Records of Lubbock Counry, Texes, at a distence of 868.45 feet pass a IR" iron rod wilh a cap marked "AMD ENGMEERiNG" set in the south right-of-way line of 26th S�eet, herein dadicatod, continuing for a total distance a dislance of 900.45 fat to e 1/2" iron rod with e cap marked "AMD ENG" set in the north line of said Southwest Qusrtu (SW/4) for the nathwest comer of said 4,25 acrc traa and the most northerty nathwost comer of these plal limits, having coordinates of Northiog: 7,271,819.82 and Easting 910.714.61 of the Texas Coordinete System of 1983 (2011}, Texas North Cenasl Zone, whence e coaon spirtdk found 'm tha cent�line of seid Uplend Avenue at the west quarter corner of said Section 43 beers N. 88° I I' 07" W. a distanoe of 295.21 feet, said q�rter sectan corno� hsving coordinates of Northing: 7�271,829.17 and Easting: 910,419.61 of lhe Texas Coordinete System of 1983 (201 I), Texes North Central Zone; THENCB S. 88° I I' 07" E., along the nord� line of seid Southwest QueRer (SW/4), a distance of 317.51 feet to a I/2" iron rod with a cap marked "AMD ENGINEERINC" set for a caaner of these plat limits; THENCE S. 01° 54' 23" W„ at a distance of 32.001'at pass a I/3" iron rod with a cep marked "AMD BNG" set in the south right-of-way line of said 26th Str+eet, continuing for a total distance of 200.00 feet W s 1/2" imn rod with a cap medced "AMD ENGINE�RING" set fa an ell comer of these plat limits; 631i 68� Strecl, Suile 300 'l'8PE Reg. / F•9197 Offioe: (806) 771-5976 Lubbock Texas 794?A TDPFI.S Rcg. R 101785-AO Fax: (806) 7714625 AMD Engineering and Surveying 'fH�NCE S. 88° 1 I' 07" E. a distance of 256.23 feet to a IR" iron rod with a cap madced "AMD ENGMEERING" set for an ell corne� of these plat limhs; THENCE N. 01° 54' 23" E., at e distanx of 168.00 feet pass a 1/2" iron rod with a cap marked "AMD ENGMEERING" set in lhe south right-of-way line of said 26th Street, continuing for a total distence a distancc of 200.00 fat to a I/2" iron rod with a cap merked "AMD ENGMEERING" set in the north line of said Southwest Quarter (S W/4) for a corner of these plat limits; THBNCE S. 88° I I' 07" E., along the noAh line of said Southwest Quarter (SW/4), a distemx of 272.00 fed to a f/2" iron rod with a cep merked "AMD ENGM6ERING" set fa the northesst comer ofsaid 17.�0 acr�e tract and d�eso plat limits, heving cowdi�us of Norlhing: 7,271,793.04 and Eesting: 911,559.72 of the Te�cas Coordinete System of 1983 (201 I), Texas Norih Central Zom; THENCE S. Ol° 54' 23" W., along �he west plet limits of said Pi� Hills Addition at e distance of 32.00 feet psss e I/2" iron rod with a cap marked "AMD ENGINEERING" set in the south right-of-way lirta of seid 26th Sueet, conlinuing at a distance of 45.69 faet �nss the south right-of-wey line of 26th Sheet as dedicated with the plel of said Pine Hills Addition, continuing for a tolel distance of I 105.33 fea to s I/2" iron rai with a cap marked "AMD ENGINEERING" set at en ell corner of the plat limits of said Pine Hills Addition for the southeast comer of said 17.70 acre trect and those plat limits, having coordine�es of Norihing: 7�270,688.59 and Easting 911,522.% of the Texas Coordinate System of 1983 (201 i� Texas North Cenval Zone; TNENCB N. 88° 08' 47" W., at a distena of 1085.42 feet pass a 1/Z" iron rod with a cap markcd "AMD ENGINEERING" sct in the east right-of-way line of said Uptend Avenue, continuing fa a totel distance of 1140.42 Fext to the Pdat of Beglnnin�. Beerings and coordinstes ere based on tho Texas Coordinate Systan of 1983 (201 I), Texas North Central Zane. The convergence angle to Truc North is -I° 53' 35.55" and the combined scale factor is 0.99975986. Distances ere at surface, in U.S. survey feet. I, Norris Stevens, Registered Professional Lend Surveyor, do hereby certify that this description wac propared from an acwal survey af �he property and that the information fiereon represents the findings of this survey to the best of my knowlodge and belief. Surveyed August 31. 2021 � Naris Steva�s Registerod Professional [.and 5urveyor, State of Twcay. Seal No. 4339 •�Revised I/20/2022 - Correctcd �he bearing on the 8°i call 2•4�- Poz3 21p674 See �} p& AK, Twqer Tna. 65IS 68� Sueq, SuGe 300 11iPF, Reg. � VA197 A119a: (806) 771-5976 Lubbak 7cxas 79124 TDPl:I.S Rcg. N 101783-00 �ex (606) 771-7625 > � , � � � ' � � � � 1 ■■■■ ■I ' ""y z;t.,l�r� s i� � ��t:,i,�a sr 1"1"'1" �' ""111'1111 � � � � ; : - � ""11"11 ' 1'1� �11'1111� ..Siii �i � �:��rt� s�r 1'1'1"'1' ` 1,1'11'11'11'1 ,I �111111111111 �1111��■■1111111 2(;�I�I�1 5'1' IJ � � � �I � � � � � _� .i����i��� 5��' �1.� i � � % < i � 0 Upland Crossing 3 PID Parcels 0 125 250 � r►/ c�ty or 50o Lubbock � Feet TE�as .wrw m cn.o�. m�. ae.wur m. v.es.a, a w aw.�m.n GN. qb yroNM M brlilermtlbiul yurywx �M m�Y � M'� �n pvN ler e�M �JYtl� brMp�l wW�rrinp.er �vwMry Wryer�. � endMTUM �v�+1 rN rTr�rnb aM' U� MP �uY�ilnh�butbnqqepwlyOaaCMn. Lot-Block Lines Upland Crossing 3 Public Improvement District 2023 SERVICE AND ASSESSMENT PLAN FEBRUARY 16, 2023 � City Of u oc TEXAS 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 .................................................................................. S SectionV: Assessment Plan ................................................................................................................................6 Section VI: Terms of the Assessments ................................................................................................................6 Listof Exhibits .............................................................................................................................................7 Exhibit A- PID Legal Description and Map ........................................................................................................ 8 Exhibit 6— 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 I.B 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 e 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 A 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 I.A 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 Exhibit A 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 4 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 5th 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. � City of Lubbock, Texas Finance Department Upland Crossing 3 Public Improvement District Service and Assessment Plan February 16, 2023 Tax Year PropertyValues (Taxable) • Discounted PropertyValues Fiscal Year Revenues Interest Earn�ngs Assessment @ $0.18 Total Expenses Basin Park Maintenance Annual Operating Cost Administrative Costs Total Cash Reserve Assessment Information for $300,000 Home Proposed Bud et Pro ded 2023 2024 2025 2026 2027 Totals 58,165 17,559,328 17,910,515 18,268,725 18,634,100 18 634,100 52,349 15,803,395 16,119,463 16,441,853 16, 770,690 16,770,690 2023-24 2024-25 2025-26 2026-27 2027-28 Totals• $ - 71 47 21 $ 139 94 28,446 29 O15 29,595 30 187 117 338 $ 94 28 446 29 086 29 642 30 208 $ 117 477 $ - - 15,000 15,300 15,606 $ 45,906 6,000 6,000 6,120 6,242 6,367 30,730 4 000 9 000 9,180 9,364 9 S51 41,094 $ 10 000 15 000 30 300 30 906 31 524 $ 117 730 $ 9 906 3 540 2 326 3 062 1 Ol l $ 3 011 $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 � u 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 � � Upland Crossing 3 Public Improvement District L.L_L_L� N L.! 4 '� � � � I � , � �_� !� � 2'1�7�1�1 S7' "1'111'1' � '1 111 25'I�1�1 S'l' � ��;�;�;� ���, �� 1 � � � � � i � � � � _ , ; . , ��� � � ^, i < , � � � Upland Crossing 3 PID Parcels Lot-Block Lines �0'I�f�l S'l' 0 125 250 � �►� c�ry of 50o Lubbock � Feet TEIAS irw q G�pr mst, awyair or� rraa.s�� w w oe.�m..m G0.. pb pre0ucl b brlMeiintlbiul purpnn uq mry ml M� Cwn tl�br W�l+ObwwM.w umNK WTe�� � iwlrprww�l ri annqnutl �umy W rM�M�+aN� N� ype�YM� rM�N� buWn el paOMV OwnUNw. ,1'1"1 AMD Engineering and Surveying A 21.646 ACRE TRAGT 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 acro trect of land located in Ihe Soulhwest Quarter (SW/4) of Section 43, Blook AK. E.L. 8t R.R. RR. Co. Survey, Abstract Number 184, Lubbock Counry, Texas, being sU of Ihat certein trsc� of lend describod as 17.70 ecres in a Warranty Deed rccorded in Volume 1472, Pege 646 of the Deed Records of Lubbock Coumy, Texes, and � podion of thet certain tract of land descn'bed as 4.25 acres in a Wartanty Deed recorded in Volume 6043, Page 10 F of the Rcal Property Re�ords of Lubbock County. Texes, said 21.646 acro tract being furtlier descn'bed by metes end bounds as follows: BEGINNING at a"MAG" nail sex in ihe Centerline of Upland Avenue and in the wes� line of seid Section 43 at the southwest comer of said 17.70 acrc dsc1, seme being the most westerly northwest c� of the plet limhs of Pine Hills Addition, a subdivision according to the map, plat and/or dedication deed theroof rccorded in Volume 1709, Page 661 of the Dad Rocords of Lubbock Counry, Texes, and for the soulhwest corner of dMso plat Iimils, having coordinetes of NoAhing: 7,270,725.47 and Eesting: 910,383.41 ot �he Texas Caordinate System of 1983 (2011 � Texas North Central Zom, whenc� a railroad spika found at the southwesl comer of said Soction 43 bmrs S. 01 ° 52' 44" W. a distance of 1539.75 fed, seid section corner heving coordinates of Northing: 7,269,186.91 and Easting: 910,332.94 of the Texas Coadinate System of I 983 (2011 � Texas Nath CenGal Zone; THBNCE N. 01° 52' 44" E., efong Ute centerline of Upland Avenue and the west li� of said Section 43 at o distance of 170.25 fixt psss a raih�osd spike found, continuing for a totel distana of 204.73 fcet to e "MAG" nail set for Ihe mosl westerly norihwest corner of � plal limits, same being the southwest comer of thet eertain 1.00 acre tract of land described in a Wmranty Dced recordod in Counry Cterk's Fik Number 20i 8003570 of the OI'F'wiel Public Records of Lubboek County, Texas; THENC� S. 88° 08' 32" E.. at a distance of SS.00 fea pess a 1!2" iron rod with a cap marked "AMD ENGINEERING" set in the east right-of-way line of Upland Avenuc, herein dadicated, continuing at a distance of 55.61 fed pass e I/2" iron rod with a green brotcen cap found, continuing for a lota{ distence of 29624 feet W a 12" iron rod with e cap msrked "RPLS 4460" found at �he southeau coma of said I.00 acre tract for an ell corner of tl�ese plat limits; THENCB N. 01° 48' 4T' E., along the east lines of five lracts of Iand, being: (1) said I.00 acre hact, (2) Lynch Addhion, Lds I-A and 1-B, an addition to the Ciry of Lubbock, Lubbock County, Texas, acwrding to the map, plal and/a dodication deed theroof recorded in Volume 8252, Page 220 of the Otticial Public Raords of Lubbock Counry, Texes, (3) that artain I.SO acre tract of land described in a Wartanty Deed rccadod in Volume 2783, Page 126 oF the Real Property Records of Lubbock Counry, Texas, (4) that aAain 0.94 acro tract of lend described in a Wananry Deed recorded in Volume 4827, Page ! 88 of the Real Propaty Records of Lubback County, Texas, ar�d (S) Crenwetge Addition, Lot I, en addition to the Ciry of Lubbock, l,ubboek County, Texas, accarding to the map, plat and/or dadicetion dood thercof recaded in Volume 5116, Page l95 of the Real Property Rocords of Lubbock County, i'exes, at a distana of 868.45 feet pass a 1R" iron rod wilh a cap marlced "AMD ENGlTIEERIIVG" sct in the soulh right-of-way line of 26th Strtiet, herein dadicatod, continuing for a total distancx a dislance of 900_45 fat to a 1/2" iron rod with s cep marked "AMD ENG" set in the north lina of said Southwest Quartu (SW/4) for the northwest comcr of said 4,25 acrc tract and the most northerfy northwest carur of lhese plat limits, having coordinates of Nordiing: 7,271,819.82 and Easting: 910,714.61 of the Texas Coordinete System of 1983 (2011), Texas North Central Zone, whence a cotton spirtdk found in tha centerline of said Upland Avcnue at the west quaRer corner of said Section 43 bears N. 88° I I' 07" W. a distanoe of 295.21 feq, seid q�rter section comer heving coordinstes of Northing: 7,271,829.17 and Eesting: 910,419.61 of ihe Texas Coordinate System of 1983 (201 I), Texes North Central Zone; THBIVCE S. 88° 1 I' 07" E., along the north line of said Soulhwest Quarter (SW/4), a discance of 317.51 fcet to e U2" iron rod witA a cap markod "AMD ENGINEERING" set for a corner of these plat limiu; THENCE $. 01° 54' 23" W„ at a distance of 32.001'at pass a If�" iron rod with a cap marked'•AMD fiNG" set in the south right-of-way line of said 26th Sfrcet, continuing for a lotal distsnce of 200.00 fed to a IR" imn rod with a cap me�lced "AMD ENGINE�RING" sec for an ell caner of these plat limits; 6313 66'� Strecl, Suite 300 TBPE Reg. / F•9197 O(1ice: (806) 771 •5976 Lubbock Texa� 79424 TIiPF.IS Rcg. A10178500 Fax: (806) 771•7625 AMD Engineering and Surveying TNENCE S. 88° I I' 07" E. a distance of 256.23 feet to a 1/2" iron rod with a cap marked "AMD ENGINEERING" set for an el) corner of the,se plat limits; THENCE N. �t ° 54' 23" E., at a distenve of 168.00 feet pasa a l2" iron rod with a cap madced "AMD ENGMEERING" set in 1he sovlh right-of-way line of seid 261h Street, continuing for a total distance a distancc of 200.00 fat to a IR" iron rod with a cap merkod "pMD ENGINEEItING" set ia the north line of said Southwest Quarter (S W/4) far a corner of thes� plat limits; THENCE S. 88° I I' 07" E., along the north Iine of said SoutF�west Quarter (gW/4), a dista�e of 272.00 fed to a 1R" iron rod with a cap merked "AMD ENGINEERING" set fa the northeast corner of seid 17.70 aare tract and droso plat limits, having coordiaates of Northing: �,271,793.04 and Easting: 911,539.72 of the Texas Coordinate System of 1983 (201 i), Texas North Central Zorn; THENCE S. 01° 54' 23" W., along �he west p1a1 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 lin6 of said 26�h Sueet, continuing at a distence of 45.69 feet pess the south right-of-way line of 26th Strc�t as dedicated with the plal of said Pine Hilis Addition, continuing for a total distance of 1105.33 fea to a 1/2" iron rod with a cap marlced "AMD EIJGINEERING" sat at an ell corner of the plat limits of said Pine Hills Addition for the southeast comer of seid 17.70 acre tract and theae plat limits, having coordinetes of Norihing: 7,270,688.59 and Easting: 911,522.96 of the Texas Coordinate System of 1983 (2011� Texas North Crntral Zone; THENCE N. 88° 08' 47" W., at a distanoo of 1085.42 feet pass e I/Z" iron rod with a cap marked "AMD ENGINEERING" set in the east right-of-way line of said Uplend Avenue, continuing for a totel distance of 1140.42 fcet to the Pdet of Beglnnin�. Beerings and coordinstes ere based on the Texas Coordinau System of 1983 (201 l� Texas North Central Zone. The convergence angle to True North is -I° 53' 35.55" and the combined scale factor is 0.99975986. pistsrtces erc et surface, in U.S. survey foet. I, NoRis Stevens, Registered Professionel Land Surveyor, do heraby certify that ehis description was prepared from an acwal survey of 1he property and that the information hereon represents the findings of this wrvey to the best of my knowlodge and belief. Surveyed August 31. 2021 r Norris Steve�u Registerod Professional [.and Surveyor, Staro of Texas, Seal No. 4339 ••Revised Ido/zo22 - Corrcctod the beering an the 8�' cell 2��l -�z3 21pS7< Sec �3 Otic AK, Twaer Traa. 65IS 68�' Sued, Sutte 300 I IiPF. Reg. � F-9197 O(lice: (806y 771-5976 Lubbodc, Teuns 79M124 TDPI:L5 Rcg. N101783-00 �ax; (BO6) 771-7623 N�1] H � m � � O � � 's � X J W 0 � lU � .y N C N C N d > O a � v � 3 a M 00 C .N N � u 'O C f0 Q � c d � eo C. d C W u C c0 ii C f0 a t�i M N •d N �� � � C � •� i �� � d LL M N O N O 01 M M n O M 0�1 M rl .� �n .1 m a m r� o n o v o ri e� vi o ri I� .-i m n .-� .� v m v.� y� lD I� iF �--1 rl rl N M� �'"� ��.+ � � � tA N V� Lf iA O O�i N W O O �D �/1 N .-1 .-i l0 � .-1 N t0 M V) tf1 O ^ m O f V m M � t0 01 M .-1 O � � N N � � p N N Vmi a 01 Na O � l�0 O tN0 I� 00 ^ V1 lG M N M O1 O � t�D � N N N ,.�11-f tD 41 M .-1 N N � N O N � � p �p N �i d � v�'i a ^ o 0 0 � °.1° m eNn a � ����-1 N N N � l0 01 'O N N � � N m O N � � N N 01 V� O O O Q m m �� v� � o 0 0 �n a oi r+i N ao oo' � oi ui ivi N�� a N N e�l O N N � N p � � N �n m � v v � O o o �o 'O � m O1 °1 0 o O a�+ O � N �� � �O a O Oi a` °0 N !V t/� V► cn N N C � a N � N H t`o � X H a � N � �p y� N i a, � ' c °.�° c v° ' H a > N o " c v« c � � � .� (aj 'm ` � H > � Gi W G1 N � n � a�+' c > .. � d m o � ` � � Vf � d f0 C � Q � � � C C 3 ' O v�i N a�+ v�i O X N C "O d � LL � Q 1� W [O Q Q d G1 w � L V O CO � � d � O _ O O O O O .� N � w C � « �o E w C C a, £ d Q �-i l"� 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 3J Local Government Code, or Chapter 3J 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 sate 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; (6) from one co-owner to another co-owner of an undivided interest in the real property; (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 � Y tJ v � O � � 'C J X � W p � u ar N 'i � � r C N N > O a � fJ � 3 a M 00 � � 0 � � i �o a � O oC C W � N N W N � N 0 N M N 00 N C U J T � � d 'a .; 0 a � rn o � rn r� n d �'' N f� O £ C `i N � W v� M � N v�v�i N Q �' � Gl lD U1 M 3 O � � � � � � � � N � W .a M X N � O � N N � Y 0 O � � � � � � 7 10 N � O N 1- F- � � ��-I i■ a m m '� Q � Q GNl � N � � V � U n N W M W I� 00 � N a--I � Q Q Q vi U J (Y) J a C� .-� m a--� N H 'O � � N U (.YJ � � 0 �. m m N m m > > J J a � N � � N � � L � � � � � N � N � a o _o Z Y Z Y N U N U co � O � O a „i m ,n m ,..i o m o m o0 M � M � lD lD J tG J M J J J J N N � � 0 � _ _ Z � _ _ a � � m m z z w W � � w W m m 0 � ^ � N N O ��n N a .� rn � � LIl rl Exhibit B— Ordinance Adopting the Upland Crossing 3 Public Imqrovement District Service Plan City of Lubbock & Lubbock Central Appraisal District — Upland Crossing 3 PID Assessment Collection Agreement . Page 9 First Reading EXHIBIT B Second Reading April 11, 2023 Apri125, 2023 Item No. 73 Item No. 6.6 ORDINANCE NO. 2023-00038 AN ORDINANCE ADOPTING A SERVICE PLAN FOR THE UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT, WITH SUCH SERVICE PLAN INCLUDING AN ASSESSMENT PLAN FOR SAID PUBLIC IMPROVEMENT DISTRICT; ESTABLISHING REASONABLE CLASSIFICATIONS AND FORMULAS FOR THE APPORTIONMENT OF THE COST BETWEEN THE CITY OF LUBBOCK, TEXAS AND THE UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT, AND THE METHODS OF ASSESSING SPECIAL BENEFITS FOR VARIOUS CLASSES OF IMPROVEMENTS OF PROPERTY WITHIN THE UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT; APPROVING, ADOPTING, AND FILING WITH THE CITY SECRETARY OF THE CITY OF LUBBOCK, TEXAS AN ASSESSMENT ROLL FOR THE UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT; AND, LEVYING THE ASSESSMENT FOR THE UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT AS A SPECIAL ASSESSMENT, SPECIFYING THE METHOD OF PAYMENT OF THE ASSESSMENT, AND FIXING CHARGES AND LIENS AGAINST THE PROPERTY IN THE UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT AND AGAINST TiiE OWNERS OF PROPERTY WITHIN THE UPLAND CROSSING 3 PUBLIC IMPROVEMENT DISTRICT. WHEREAS, Chapter 372 of the Texas Local Government Code (the "Act") provides the process by which the City of Lubbock, Texas (the "City") may create a public improvement district; and WHEREAS, through Resolution No. 2023-R0145 the City Council of the City (the "Council") authorized the Upland Crossing 3 Public Improvement District (the "PID"); established the boundaries of the PID; approved the estimated costs, method of assessment, and apportionment of costs for the PID; and created the governing boazd for the PID; and WHEREAS, through Resolution No. 2023-R0147, the Council directed City staff to: (1) Prepaze a Service Plan for the PID according to the Act with such Service Plan covering a period of at least five (5) years, defining the annual indebtedness of the PID, projecting the costs for improvements in the PID, and including an assessment plan for the PID; (2) Prepaze an assessment roll for the PID that states the assessment against each pazcel of land in the PID, with such proposed assessment roll to be filed with the municipal secretary and being made available for public inspection; and (3) Send and publish notice of a public hearing according to the Act concerning the Service Plan; and WHEREAS, City staff has prepared a Service P1an for the PID according to the Act, prepared an assessment roll for the PID, and has sent and published notice of a public hearing to be held at two in the afternoon (2:00 PM), Tuesday, April 11, 2023, at Citizen's Tower, located at 1314 Avenue K, Lubbock, Texas, to consider the proposed apportionment and assessment for the PID; and WHEREAS, at the adjournment of the public hearing the Council desires to heaz and pass on any objections to the proposed assessment for the PID and, through this Ordinance, to establish reasonable classifications and formulas for the apportionment of the costs for the services and improvements of the PID between the City and the PID, to approve, adopt, and file with the City Secretary the Service Plan for the PID that includes an assessment plan and assessment roll for the PID, and to levy an assessment as a special assessment on the property within the PID; and NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1: THAT the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2: THAT the Council has reviewed the Service Plan for the PID, which is attached to this Ordinance as "Exhibit 1", and finds that it: covers a period of at least five (5) yeazs; defines the annual indebtedness of the PID; estimates the costs for improvements in the PID; and, includes an assessment plan for the PID. SECTION 3: THAT the Council hereby finds that the assessment rate provided in the Service Plan for the PID is feasible and sound and will serve the needs and desires of the property owners within the PID, and the Council hereby adopts the assessment rate of eighteen cents ($0.18) per one hundred dollars ($100) of net taxable value for tax yeaz 2023, as determined by the Lubbock Central Appraisal District, of the property or improvements to the property located in the PID. SECTION 4: THAT the Council finds that the assessment plan included in the Service Plan for the PID provides for the apportionment of the cost of improvements to be assessed against the property within the PID on the basis of special benefits accruing to the property within the PID because of the improvements, and the Council hereby establishes the reasonable classifications and formulas for the apportionment of the costs between the City and the PID and the methods of assessment of the special benefits for the various classes of improvements within the PID as such classifications, formulas, and methods aze provided for in the assessment plan. SECTION 5: THAT the Council hereby approves, adopts, and files with the City Secretary the assessment roll that is attached to this Ordinance as "Exhibit 2", with such assessment roll stating an estimate of the assessment to be levied against the property within the PID, and with the City Secretary filing the assessment roll in the official records of the City and being subject to public inspection. SECTION 6: THAT the Council finds that the assessments should be made and levied against the property within the PID and against the owners thereof, and that such assessments are in proportion to the benefits to the property by means of the services and improvements in the PID for which such assessments are levied, and further finds that in each case the property assessed is specially benefited by means of the said services and improvements of the District, and fiu�ther finds that the apportionment of costs of the services and improvements is in accordance with the Act. SECTION 7: THAT there is hereby levied and assessed against the pazcels of property within the PID, and against the real and true owners thereof, whether such owners be correctly named or not, the sums of money calculated by applying the assessment rate to in the manner described in the assessment plan and assessment roll. SECTION 8: THAT the several sums above mentioned and assessed against the said pazcels of property and the owners thereof, and interest thereon at the rate per annum established herein, together with reasonable attorney's fees and costs of collection, if incurred, aze hereby declared to be and aze made a first and prior lien against the property assessed, superior to all other liens and claims except liens and claims for ad valorem taxes and is a personal liability of and charge against the owners of the property regazdless of whether the owners aze named; and, with such lien being attached on January 1 of each year to the property to secure the payment of all assessments, penalties, and interest ultimately imposed for the yeaz on the property, whether or not the assessments are imposed in the year the lien attaches and shall be effective until the assessment is paid; and, with such lien being perfected on attachment requiring no further action by the Council. SECTION 9: THAT the assessments levied herein shall be due and payable in full on receipt of the assessment bill and are delinquent if not paid by January 31, 2024 except as provided in Sections 31.02(b), 31.03, and 31.04 of the Texas Property Tax Code. A delinquent assessment incurs a penalty of six percent (6%) of the amount of the assessment for the first (ls`) calendaz month it is delinquent plus one percent (1%) for each additional month or portion of a month the assessment remains unpaid prior to July 1 of the yeaz in which it becomes delinquent. However, an assessment delinquent on July 1 incurs a total penalty of twelve percent (12%) of the amount of the delinquent assessment without regard to the number of months the assessment has been delinquent. A delinquent assessment continues to incur the penalty provided by this Section as long as the assessment remains unpaid, regazdless of whether a judgment for the delinquent assessment has been rendered. That if default be made in the payment of any of the said sums hereby assessed against said property owners and their property, collection thereof, including costs and attorney's fees, shall be enforced by the governing body in the same manner that an ad valorem tax lien against real property may be enforced by the governing body under Chapters 31, 32 and 33 of the Texas Property Tax Code. The owner of the assessed property may pay at any time the entire assessment on any lot or parcel, along with any interest and penalty that has accrued on the assessment. SECTION 10: THAT all assessments herein levied aze a personal liability and chazge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be inconectly named. AND IT IS SO ORDERED. Passed by the City Council on first reading on April 11 , 2023. Passed by the City Council on second reading on April 25 , 2023. APPROVED AS TO CONTENT: osteli , Chief Financial Officer APPROVED AS TO FORM: ► , elli Leisure, Senior Assistant City Attorney ccdocs/ORD. Economic Development - Upland Crossing 3 PID -• Service Plan, Assessment Role, and Levy 3.28.23 Exhibit i Upland Crossing 3 Public Improvement District 2023 SERVICE AND ASSESSMENT PLAN FEBRUARY 16, 2023 City Of �C T�xas Exhibit 1 City of lubbock, Texas Finance Oepartment 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 Exhibit i City of Lubbock, Texas Finance Department Upland Crossing 3 Public Improvement Oistrict Service and Assessment Plan February 16, 2023 Plan Oesc�iption and Defined Terms A. Introduction Chapter 372 of the Texas Local Govemment 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 I.B 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 PIO 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 i� 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 Exhibit 1 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. "AssessmenY' 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 Exhlbit C, as updated, modified, o� amended annually in accordance with the procedures set forth herein and in the PID Act. "Cit�/' 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 o� 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 Exhiblt A to the Service and Assessment Plan. Exhibit 1 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 fo� 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 I.A 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 Exhibit A 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 111 Description of the Imp�ovement 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 � Exhibit i 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 imp�ovements 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 5th 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 Seroice and Assessment Plan is herein referred to as the "Annual Service Plan Amendment." The Upland Crossing 3 PIO 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. 3 Exhibit 1 City of Lubbock, Texas Finance Department Upland Crossing 3 Public Improvement District Service and Assessment Plan February 16, 2023 � ._. _ --____ .. . _�____��-_ Propnsrd — � 8ud�.eS _ Fro�eRed _ Tax Year 2023 2024 � 2025 2026 2027 PropertyValues (7axablej • 58,165 17,559,328 17,910,515 18,268,725 18,634,100 Discounted PropertyValues 52,349 15,803,395 16,119,463 16,441,853 16,770,690 Fiscal Year Revenues InterestEarnings Assessment @ 50.18 Total Expenses Basin Park Maintenance Annual Operoting Cost Adminisirotive Costs Total Gsh Reserve AssessmeM Infartnatlon for 5300,000 Home 2023-24 2024-25 $ - - 94 28 446 S 9a u +ac S - 6,000 6,000 4 000 9 000 10 000 15 000 9 3 $I80 71 is,000 6,120 The sources and uses of funds table is subject to revision each year. 16,770,690 i-27 2027-28 Totals' 47 21 $ 139 29 595 30 187 117 338 29 642 30 206 117 477 15,300 15,606 5 45,906 6,242 6,367 30,730 9964 9.551 41.094 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 5 Exhibit 1 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 improvernents, 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 Upland Crossing 3 Public Improvement District LJ J_1J I iiiL A 1 11 111■ ■11 0 Upland Crossing 3 PID ('f__ub�oo ry ork FeetParcels 0 125 250 500 Lc Lot-Block Lines CNr. N �-wY1 Y M IM-YYrI �w �w1 � M Yn M� ►��y 4 �r r � NM M Yrl TN• r �M1I�w�r� 8 :."rrn.r�rrirMW w'-I W rr-rrYMM ,...«H...Y-M"'""""...` 1/31/202: Exhibit A 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.134, LUBBOCK COUNTY, TEXAS A 21.646 acre tract of lend located in the Southwest Quarter (S W/4) of Section 43, Block AK, E.L. & R.R. RR. Co. Survey, Abstract Number 164. Lubbock County, Texas, being all of that certain tract of land ', - P bed as 17.70 apes in a Warranty Deed resxxrde I In Volume 1472, Page 646 of the Deed Records of Lubbock County, Texas, and a portion of that eeaain am of land described as 4.25 acres in a Warranty Dad Penoiled in Volume 6043, Page 101 of the Real Property Records of Lubbock County, Texas, said 21.646 acne tract being further described by miles and bounds as follows: BEGINNING at a "MAO" nail in in the oe sterlino of Upland Avenue and in the west line of said Section 43 at the southwest comer of said 17.70 acre sect, saw being the moat westerly northwest carrier of the plat limits of Pine Hills Addition, a subdivision aceordIng to the map, plat andlor dedication deed thereof recorded In Volume 1709, Page 661 of the Deed Records of Lubbock Country. Texas. and for the southwest comer of these plat limits, having coordinates of Northing: 7,270,725.47 and Fasting: 910,393 A I of the Texas Coordinate System of 1983 (2011). Texas North Central Zone. whence a mihoad spice found at the southwest oomerof said Section 43 beers S. 01.52' 44" W. a distaaoe of 1539.75 feet, said section Dana having coordinates of Northing: 7,209,186.91 and Easting: 910,332.94 of the Texas Coordinate System of 1983 (2011 � Taxes North Central Zone; THENCE N. 01 ° 52' 44" E, along die 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 fat to a "MAG" nail set fordo most westerly northwest oomer of these put limits, same being the southwest comer of that certain 1.00 an tractof land described is a Warranty Deed record F 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 fat pass a 1/2" iron rod with a cap marked "AMD ENGINEERING" set in the east right-of-way tine of Upland Avenue, berein dedicated, continuing at a distance of 55.61 fed pass a I/2" iron rod with a groan broken cap found, continuing for a tout distance of 2%24 fed to s 1/2" iron rod with a cap marked "RPLS 44W farad at the southeast comer of said 1.00 acre tract for an ell corner of time put limits; THENCE N. 010 48' 47" E. along the east lion of five tracts of land, being: (1) said 1.00 acre tract. (2) Lynch Addition, Lots 1-A and 1-% an addition to the City of Lubbock, Lubbock County, Texas, acceding to the map, plat and/or dedication deed thereof recorded In Volume 8252. Page 220 of On Official Public Records of Lubbock County, Texas, (3) that certain 1.50 acre trod of land described in a Warranty Deed recorded In Volume 2783. Page 126 of the Real Property Records of Lubbock Counly. Texas. (4) that certain 0.94 acre tractof land described ins Wammty Deed recorded in Volume 4827, Page 189 of the Real Property Records of Lubbock County, Taxes, and (5) Crenwelge Addition, Lot[. an addition to the City of Lubbock, Lubbock Comity. Texas, acceding to the map, put and/or dedication deed thereof recorded in Volume $I 16, Page 195 of the Real Property Records of Lubbock County. Texas, at a distance of 868.45 fat pass a 1f2" iron rod with a cap marked "AMD ENGINEERING" set in the south rightof-way line of 26th Street, herein dedicated, continuing for a total distance a distance of 900.45 fed to a 1R" iron rod with a cap marked "AMD ENG" set in the north line of said Southwest Quarter (SW/4) for the northwest caner of said 425 scre tract and do most northerly northwest carer of these plat limits, having coordinates of Northiag: 7,271,819.82 and Essting: 910.714.61 of the Texas Coord-mete System of 1983 (2011), Texas North Causal Zone, wham a corton spindle farad in the caueriine of said Upland Avenue at the west quarter comer of acid Seaton 43 bean N. $80 1 V Or W. a distance of 295.21 Pod. said quarter section comer having coordinates of Northing: 7,271,829.17 and Easling: 910.419.61 of the Texas Coordinate System of 1983 (2011), Texas North Central Zane; THENCE S. 880 11. Or I, along the north line of said Southwest Quarter (SW ft a distance of 317.51 Am to a 112" iron rod with a cap marked "AMD ENGINEERING" set for a comer of these plat limits; THENCE S. 010 54' 23" W, at a distance of 32.00 fat pass a IR" iron rod with a eap marked "AMD 13NG" set in the south right-of-way line of said 26th Street. oonYmuing fora total distance of 200.00 feet to a If2" iron rod with a cap marked "AMD ENGINEERING" ad for an ell comer of time plat Iimitr, 6515 69& Suer. Suihe 300 TBPE Rea. a F-9197 Office: (8 06) 771.5976 Lutibodr. Taw 79424 TBPF.LS PA& 0 1017OS40 Fa: (806) 771-7625 Exhibit A AMD Engineering and Surveying THENCE S. 88e I 07" E. a distnce of 256.23 feet to a 1r2" iron rod with a cap marked "AMD ENGINEERING" set for an ell comer of these pint lunits; THENCE N. 010 $4' 23" L. at a di, wuI I of 168.00 feat pass a 112" it= rod with a cap marked "AMD ENGINEERING" set in the south right-of-way line of said 266 Street. continuing for a total distancc a distance of 200.00 fat to a U/2" iron rod with a cap marked "AMD ENGINEERING" set in the north line of said Southw st Quarter (S W/4) for a comer of these plat limits; THENCE S. 88° 1 I' 07" I, along the north ism of said Southwest Quarter (SW/4), a diem= of 272.00 feet to a 19" iron rod with a cap marked "AMD ENGINEERING" ad for the northeast comet of said 17.70 arse tract and time plat limits, having coordinates of Northing: 7,271,793.04 and Pasting: 91109.72 of the Tom Coordinate System of 1983 (2011), Texas North Central Zane; THENCE S. 01" 54' 23" W.. along the west plat limits of said Pine Hills Addition at a distance of 32.00 fat passe 1/2" iron rod with a cap mha ke "AMD ENGINEERING" sal 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 pW of said Pine Hills Addition, continuing for a total distance of 1105.33 fair to a 1/2" iron rod with a cap marked "AMD ENGINEERING" sal at an ell earner of the plat limits of said Pine Hills Addition for the southeast comer of said 17.70 am tract and time plat limits, having coordinates of Northing: 7,270,688.59 and Easting: 91 I.S22.% of the Texas Coordinate System of 1983 (20111 Texas North Central Zane; THENCE N. 880 08' 47" W., at a distance of 108S.42 feet pass a 1/2" iron rod with a cap marked "AMD ENGINEERING" sal in the cast right-of-way line of said Upland Avenue„ continuing for a total distance of 1140.42 fat to the Point of Beghrninhg. Borings and coordinates are based on the Taxes Coordinate System of 1983 (20111 Texas North Central Zane. The convergence angle to True North is -1. 53' 35.55" and the combined state factor is 0.99975986. Distances are at surface, in U.S. survey feet. 1. Norris Stevens, Registered Pro&ssional 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 beat of my knowledge and belief. Surveyed Auso 31. 2021 r Norris Stevens Registered Professional Land Surveyor, State of Texas, Seal No. 4339 •'Revised 1/2tV2022 Corrected the thearing an the SP earl 2 o/-2otj 210574 See 43 LUk AK. Tome TruL 6313 68+ Shred Shute 300 1 OPF Reg. s F,9197 01Proe: (806) 7715976 Lubbock Teats 7"24 TOPLLS Reg. Ir101783.00 Fax: (6061771.7623 10 Service Plan 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 Exhibit 6 City of Lubbock, TX Finance Department Upland Crossing 3 Public Improvement District 2023 Preliminary Service Plan February 16, 2023 W2024 i 2023 202S 2026 2027 Totals 58,165 17,559,329 17,910,515 18,268,725 18,634,100 18,634,100 16,770,690 52, 349 15,803,395 16,119, 463 16,441,853 16,770,690 2023-24 1 2024-25 202S-26 2026-27 2027-28 Totals' $ - - 71 47 21 $ 139 94 28,446 29,015 29,595 30,187 117,338 $ 94 28,446 29,086 29,642 30,208 $ 117,477 $ 15,000 15,300 15,606 5 45,906 6,000 6,000 6,120 6,242 6,367 30,730 4,000 9,000 9,180 9,364 9,551 41,094 $ 10,000 1 15,000 30,300 30,906 31,S24 $ 117,730 $ (9,906) 3,540 2,326 2,062 11011 $ 1,011 Assessment Information for $100,000 Home $180 11 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 LegalDescription 2023 Market 2023 Estimated 2023 Estimated Value Taxable Value Assessment RlSO427 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 58,165 58,165 $ 104.70 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 ., 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 (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 TH E 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; (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. Exhibit 2 City of Lubbock, TX Upland Crossing 3 Public Improvement District 2023 Assessment Roll (Provided by LCAD 2-8-23) Property ID PartyName PartyAddress SitusAddress LegalDescription 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 58,165 58,165 $ 104.70 12 RESOLUTION WHEREAS, the City of Lubbock, Texas pursuant to Chapter 372 Texas Local Government Code has created the Upland Crossing 3 Public Improvement District; and, WHEREAS, the City of Lubbock is desirous of contracting with the Lubbock Central Appraisal District to provide all services necessary for the collection of assessments levied within the Upland Crossing 3 PID; and, WHEREAS, the Lubbock Central Appraisal District is able and willing to perform said collection services, and is desirous of contracting with the City of Lubbock to provide such services; NOW THEREFORE: BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LUBBOCK CENTRAL APPRAISAL DISTRICT: THAT, the Chairman of the Board of the Lubbock Central Appraisal District BE and is hereby authorized and directed to execute an interlocal agreement titled "Interlocal Agreement for the Collection of Assessments Levied on Property within the Upland Crossing 3 Public Improvement District" with the City of Lubbock. Passed by the Board of Directors this 26t' day of July, 2023. &:�5z 011aq- Greg Jones, Chairman Board of Directors ATTEST: Bobby McQueen, Secretary Board of Directors