HomeMy WebLinkAboutResolution - 2023-R0452 - AMD No. 1 To The MSA With LEDA, 411 Acres North Of E 4Th St & East Of E Loop 289 - 09/12/2023Resolution No. 2023-R0452
Item No. 6.1
September 12, 2023
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of thc City of Lubbock is hereby authorized and directed to execute for
and on behalf of the City of I,ubbock, an Amended Municipal Services Agreement, by and
between the City of Lubbock and the Lubbock Economic Development Alliance, Inc., and
related documents. Said Agrcement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on ______Se�tember 12, 2023
TRAYI
ATTEST:
Cou ney Paz, City Se ary
AY�'ROVED AS TO CONTF,NT:
�-� < .
Erik Rejino, Assista.r.t City Manager
AP ROVED AS TO FORM:
�
elli Leisure, Senior Assistant City Attorney
ccdocs/RES.Amended MS Agreement I,EDA
9.6.23
Resolution No. 2023-R0452
AMENDEDED MUNICIPAL SERVICES
AGREEMENT BETWEEN THE CITY OF
LUBBOCK,TEXAS
AND LUBBOCK ECONOMiC DEVELOPMENT ALLIANCE, INC.
This Amended Municipal Services Agreement ('`Agreement"} is entered into on �2� day of
__ � _, 2023 by and between the City of Lubbock, Texas, a home-rule municipality of
the tate of Texas, ("City") and Lubbock Economic Development A1liance, lnc. ("Owner"),
collectively referred to as ("Parties").
0
The Parties agree that the fol(owing recitals are true and correct and form the basis upon
which the Parties have entered into this Agreement.
WHEREAS, Section 43.0671 of the Local Government Code {"LGC") permits the City to
annex an area when each owner of land in an area requests the annexation;
WHEREAS, the Owner previously petitioned the City to annex approximately f 06 acres
in the extraterritorial jurisdiction of the City, and on August 22, 2023, via Resolution No. 2023-
R0417 the City approved a municipal services agreement detaifing services to be provided to the
Property upon annexation;
WHEREAS, the Owner has need to amend the Agreement that was entered into on August
22, 2023 to include more area to the Property to support ongoing economic development
initiatives;
WHEREAS, the Owner owns a certain parcel of land situated which consists of an
additional 305 acres of land in the City's extraterritorial jurisdiction which shall be added to the
Property in Agreement entered into on August 22, 2023, for a total of approximately 411 acres
requested for annexation, with the total area of such property being more particularly described
and set forth in Exhibit "A" attached to and incorporated herein ("Property");
WHEREAS, where the City elects to annex the Property, the City is required to enter into
a written agreement with the property owner that sets forth the City services to be provided for the
Property;
WHEREAS, Owner has f led a written request with the City for full-purpose annexation
of the Property, and said petition for annexation is set forth as Exhibit "B" attached to and
incorporated herein {"Petition");
WHEREAS, Exhibits "A-B" attached herein to this Amendment fully replace the original
Exhibits in the previously-approved Agreement;
WHEREAS, the City and the Owner desire to set out the City services to be provided for
Pagelofl2
the Property on or after the effective date of annexation;
WHEREAS, the annexation and execution of this Amended Agreement are subject to
approval by the Lubbock City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, the City and the Owner agree as follows:
1. PROPERTY. This Amended Agreement is only applicable to the Property, which is
the subject of the annexation.
2. INTENT. It is the intent of the City that this Amended Agreement provide for the
delivery of full, available municipal services to the Property in accordance with the service
plan below and state law, which may be accomplished through any means pernutted by
law.
3. MUNICIPAL SERVICES.
A. Commencing on the effective date of annexation, the City will provide the
municipal services set forth below. As used in this Amended Agreement, "providing
services" includes having services provided by any method or means by which the
City may extend municipal services to any other area of the City, including the City's
infrastructure extension policies and developer or property owner participation in
accordance with the applicable city ordinances, rules, regulations, and policies.
i. Fire Services
a. Existing Services: None
b. Services to be Provided: Fire suppression will be available to the area upon
annexation. Primary fire response will be provided by Fire Station No. 5,
located at 1101 Zenith Ave, Station No. 2, located at 1515 E. Ursuline Street,
and Station No. 10, located at 4810 MLK Blvd. Station No. 5 is approximately
1.8 miles from the proposed annexation with an approximate response time of 3
to 4 minutes. Station 2 is approximately 3.1 miles from the proposed annexation
with an approximate response time of 4 to 5 minutes. Station No. 10 is
approximately 4.0 miles from the proposed annexation with an approximate
response time of 5 to 6 minutes. Fire suppression activities can be afforded
to the annexed area with an acceptable response time within current
appropriation. Fire Prevention activities will be provided by the Fire Marshal's
office as needed.
ii. First Responder Emer�ency Medical Services
a. Existing Services: None
Page2of12
b. Services to be Provided: Lubbock Fire Rescue is a Basic Life Support (BLS)
First Responder Organization. BLS First Responder emergency medical
response will be provided by Fire Station No. 5, located at 1101 Zenith Ave,
Station No. 2, located at 1515 E. Ursuline Street, and Station No. l0, located at
4810 MLK Blvd. Station No. 5 is approximately 1.8 miles from the
proposed annexation with an approximate response time of 3 to 4 minutes.
Station 2 is approximately 3.1 miles from the proposed annexation with an
approximate response time of 4 to 5 minutes. Station No. 10 is approximately
4.0 miles from the proposed annexation with an approximate response time of
5 to 6 minutes. First Responder Emergency Medical Services can be
afforded to the annexed area with an acceptable response time within current
appropriation. Emergency medical transport is provided by the Lubbock County
Hospital District.
iii.Police Services
a. Existing Services: None
b. Services to be Provided: The Police Department's responsibility for
responding to emergency and non-emergency law enforcement calls for
service and to provide law enforcement patrol coverage in an effort to
prevent, reduce, mitigate and solve crimes will extend to this area on the
effective date. These services can be provided within the department's
current budget.
iv. Building Safety Services
a. Existing Services: None
b. Services to be Provided: The Building Safety Department will provide
construction code enforcement services upon annexation. This includes
construction plan review and field inspection services and the issuance of
building, electrical, and plumbing/mechanical permits for any new
construction and remodeling, as well as enforcement of all other applicable laws
and codes that regulate building construction within the City of Lubbock. As
land is developed, the need for additional personnel and budget
appropriations will be dependent upon the type, intensity and rate of
development within the annexed area as well as areas that compete for those
resources.
v. Planning and Zoning Services
a. Existing Services: Subdivisions of land within the five-mile extraterritorial
Page 3 of 12
jurisdiction (ETJ) of the city are required to have a plat of the subdivision
prepared in accordance with the City of Lubbock subdivision regulations.
Currently, plats and subdivisions in the ETJ are approved by the Planning and
Zoning Commission, as well as the County Commissioner's Court, as may be
dictated by applicable state statutes and City ordinances. Similarly, signs and
billboards are regulated within the ETJ pursuant to the City's sign ordinance, as
authorized by State law. No other Planning department services are authorized
or offered outside of the City limits, including zoning.
b.Services to be Provided: The Planning and Zoning Department's responsibility
for regulating development and land use through the administration of the
City of Lubbock Zoning Ordinance will extend to this area on the effective date
of the annexation. The annexed areas will also continue to be regulated under
the requirements of the City of Lubbock Subdivision Ordinance. These
services can be provided within the department's current budget.
vi. GIS and Data Services
a. Existing Services: None
b. Services to be Provided: GIS and Data Services will update all city-wide
GIS data sets to include the newly annexed areas. This will include support to
the Office of City Secretary for elections requirements, to Building
Inspection, Streets and Traffic Engineering for addresses, street names and
street signs, and to Planning for transitional zoning. GIS will facilitate a
meeting with Lubbock Emergency Communication District, Police and Fire for
determination of updated information for 911 Dispatch. Updated GIS
information that is public will also be reflected on the GIS mapping website for
citizens.
vii. Publiclv Owned Parks, Facilities, and Buildings
a.Existing Services: City of Lubbock Library's materials, services, and
programs are currently available to anyone who lives in Lubbock County.
b. Services to be Provided: Residents of the Property will be permitted to
utilize all existing publicly-owned and available parks, facilities (including
community service facilities, libraries, swimming pools, etc.) and buildings
throughout the City. Upon the effective date of annexation, staff will study areas
to be included in future versions of the Parks Master Plan. Any addition
of parkland will create additional expenses to the Parks and Recreation
operating budget. The Library will continue to provide services to all of
Lubbock County, including the area to be annexed. These services are provided
within the department's current budget.
Page 4 of 12
viii. Code Administration Services
a. Existing Services: None
b. Services to be Provided: The City of Lubbock's Code Administration
department will implement the enforcement of local ordinances and
regulations on the effective date of the annexation. Such services can be
provided with current Code Administration Personnel and within the current
budget appropriation. As land is developed, increases in personnel and budget
will be needed in order to provide the same level of customer service.
ix. Environmental Health Department Services
a. Existing Services: None
b. Services to be Provided: The City of Lubbock's Environmental Health
Deparhnents will implement the enforcement of local, state, and federal rules,
regulations, and ordinances on the effective date of the annexation. Such
services can be provided with current Environmental Health Deparhnent
Personnel and within the current budget appropriation. As land is developed,
increases in personnel and budget will be needed in order to provide the same
level of customer service.
x. Animal Services
a. Existing Services: None. Currently, the area is under the jurisdiction of the
Lubbock County Sheriff's Office.
b. Services to be Provided: Animal control services will be provided to the
area as needed. The City of Lubbock Animal Services Department will
implement the enforcement of the City of Lubbock's animal control
ordinances and regulations upon the effective date of the annexation. It is
anticipated that such services can be provided with current personnel and
budget appropriation, but response times may increase.
xi. Street Services
a. Existing Services: City of Lubbock Public Works currently maintains any
roads that are within the City of Lubbock City Limits adj acent to these plats.
b. Services to be Provided.• Newly annexed areas adjacent to, or bordering,
unpaved arterials will require a two-lane section of roadway to be built b y
t h e O w n e r along with the development with interconnectivity to adjacent
paved arterial streets. The pavement structure will require an appropriate
Page5of12
pavement design meeting a minimum design standard for an arterial street.
These roadways will be required to be built by the Owner once any connection
including streets or alleyways is made to the unpaved arterial road by the
voluntary annexation area. The Owner of the Property will receive offsets from
impact fees as the adjacent unpaved arterial roadway is built.
c. Proposed Access: The Owner shall avoid routing commercial traffic through
the surrounding residential areas. The Owner shall dedicate full Right of Way
for an Arterial section (100') along Wood Ave, and build the full Collector
section along Wood Ave from East 4th Street to East Erskine. If the Owner
cannot acquire access to East 4th Street along Wood Ave, the Collector may
diverge from a North/South orientation and connect to East 4th Street through
R52519 and/or R40399. The full Collector Right of Way and pavement widths
are specified in Plate No. 38-1 in the City of Lubbock Engineering Minimum
Design Standards and Specifications. The Owner shall provide through access
from East 4th Street to East Erskine Street to facilitate commercial traffic and
provide access for emergency services. The Owner shall dedicate 50' of Right
of Way along East Erskine Street from Wood Ave to CR 2900 in conformance
with the Master Thoroughfare Plan.
xii. Storm Water Management Services
a. Existing Services: City maintains jurisdiction of playa lakes within the ETJ.
TCEQ (Texas Commission on Environmental Quality) has jurisdiction of
enforcement and compliance with stormwater related permits outside the City
limits.
b. Services to be Provided: As land is developed, the Owner shall provide plans
for addressing the conveyance of storm water drainage. The Development
Engineering staff shall review the drainage plans for compliance with the
current drainage regulations and policies. Any major improvements for
conveyance shall be inspected for compliance by the city staff at time of
completion. Additionally, as land is developed and building permits are
requested, Storm Water staff shall review each permit request for compliance
with the Chapters 22 (City's Stormwater permit) and Chapter 30 (Lakes and
Floodplains) of the City Code. After permit issuance, inspections of the
construction sites are to ensure compliance with the City Code and state
regulations. Depending on the type and intensity of development within the
annexed area, the need for additional personnel and budget appropriations may
be needed to provide adequate customer service (development and permit
review and inspections). TCEQ Stormwater permit holders will be transitioned
from TCEQ oversight to City of Lubbock oversight (i.e. inspection and
compliance of these existing facilities will now be the responsibility of
the Storm Water Staf�. There is a playa lake on this property and at a
Page 6 of 12
minimum, the Drainage Criteria Manual shall be followed to address any storm
water flow. Dedication of a Storm Water Drainage and Impoundment Easement
shall be required for the playa lake and conveyance paths.
xiii. Street Lighting
a. Existing Services: None
b. Services to be Provided: The City of Lubbock will coordinate any request
for improved street lighting with the local electric provider in accordance with
standard policy.
xiv. Traffic En in� eering Services
a. Existing Services: None
b. Services to be Provided: Upon annexation and in conjunction with the
platting process, Traffic Engineering will identify and install required trafiic
signs to be installed at the developer's expense. Other regulatory traffic
control devices will be provided after appropriate studies indicate the data
meets the minimum requirements as set forth in the Texas Manual on
Uniform Traffic Control Devices (TMUTCD) and as budget pernuts.
xv. Water and Sanitary Sewer Services
a. Existing Services: None
b. Services to be Provided: Water and sewer infrastructure is not currently
adjacent to this area within the existing City Limits. Availability of water and
sewer is at the request and expense of the user, and shall be provided within
current policies and ordinances of the City (note below for an explanation
of pro-rata charges). Water and sewer for domestic and commercial use, when
installed, will be available at approved City rates. Water for fire protection
will be available through lines only after service lines are installed by the
Owner. If estimated water usage, sewer discharge rates, and sewer quality
data is submitted, requirements may need to be adjusted.
c. Required Improvements:
1. The Owner shall connect to the existing 12" water line in East 4th
Street, which shall be extended along Auburn from Sumac to Wood
Ave;
2. A second 12" feed shall be installed by the Owner. There is an
Page 7 of 12
existing 12" line along N Loop 289 near N Guava Ave;
3. Owner shall conduct a water and sewer study to ensure such services
to the property are available. Nearly all of the proposed annexation
is outside of the City's current Water and Sewer Models and Master
Plans for Capital projects;
4. Water shall be looped appropriately to ensure adequate fire flows as
well as assuring no dead-end water mains are left within the system
once developed. The Owner shall install the loop within three (3)
years of installation of a dead-end water main or upon the issuance
of four-hundred (400) residential building permits, or three (3)
commercial building permits, whichever is first; and
5. The Owner of the Property shall install a lift station in order to
receive sewer services. The lift station shall be sized as to minimize
the number of lift stations which will be turned over to the City of
Lubbock. The lift station that serves this area shall be master
planned with all LEDA-owned property surrounding the Property to
accommodate full build-out flows, unless the lift station is to remain
private. Sewer shall ultimately discharge into the existing 24" sewer
interceptor nearby that runs N/S along Olive Ave and crosses East
4th Street.
Pro-Rata Charges:
Chapter 22, City Code establishes the charges or the actual cost of construction
due on all property to which water and/or sewer lines are extended. The
charge is generally known as "pro-rata" and is due and payable before
service is provided. The pro-rata charge represents a portion of the costs of
providing water and/or sewer facilities to serve the property on which the pro-
rata is paid. When a person desires water and/or sewer service to property that
requires an extension of existing facilities to provide service adjacent to the
property or when the service connection will be made to a line constructed after
April 1, 1952, the person desiring service shall pay non-refundable charge
called pro-rata. When an extension of water/sewer facilities exceeds the above
costs, the person(s) desiring service shall pay the entire cost and later be
refunded that amount above pro-rata when other persons tie onto service and
pay their pro-rata. Article 22.05 specifies other items including:
a. pro-rata on property already platted, and extension of services.
b. pro-rata and extensions to property being platted
c. sizes of lines and meter sizes
d. location for service connection
Page8of12
e. deposits, charges, refunds
f. cost of large mains may be partially paid by City, and other
consideration, or
g. when the City Council can declare a health hazard and install mains
at public expense.
xvi. Solid Waste Services
a. Existing Services: None
b. Services to be Provided: Solid Waste Collection shall be provided to the
area of annexation in accordance with the present ordinance. Service shall
comply with existing City policies, beginning with occupancy of structures.
Since there is potential residential growth within this area of annexation,
impact to services has been determined to be gradual. Additional driver and
equipment can be expected as new residential unit structures are occupied, and
an increase in staffing and equipment will be needed for traditional
alley/dumpster collection as development continues within this proposed
annexation area and exceeds route collection averages. Should this
annexation include no alley residential development or until alleys are
serviceable, residential waste collection will be provided with carts and
additional driver will be required when 2,000 residential unit structures are
occupied. The landfill will be able to handle this request. The only impact
would be that the City could anticipate landfilling additional solid waste
tonnage and ultimately developing the next landfill cell sooner than currently
projected. However, the developer may be asked to assist with infrastructure
for residential waste collection, i.e. carts or dumpsters.
c. Service Route: Until such time as adjacent unpaved roadways are built all
City Solid Waste services will be routed through and upon Paved Arterial
Roadways only. Solid Waste will not route trucks down unpaved roadways to
service alleyways in any case.
B. It is understood and agreed that the City is not required to provide a service that is not
included in this agreement.
C. Owner understands and acknowledges that the City deparhnents listed above may
change name or be-reorganized by the City Manager. Any reference to a specific
department also includes any subsequent department that will provide the same or
similar services.
4. AUTHORITY. City and Owner represent that they have full power, authority and legal right
to execute, deliver and perform their obligations pursuant to this Amended Agreement. Owner
acknowledge that approval of the annexation is within the sole jurisdiction of the City
Council. Nothing in this Amended Agreement guarantees favorable decisions by the City
Page 9 of 12
Council.
5. SEVERABILITY. If any part, term, or provision of this Amended Agreement is held by the
courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or
unenforceability will not affect the validity of any other part, term or provision, and the
rights of the Parties will be construed as if the part, term, or provision was never part of the
Agreement.
6. INTERPRETATION. The Parties to this Amended Agreement covenant and agree that
in any litigation relating to this Amended Agreement, the terms and conditions of the
Amended Agreement will be interpreted according to the laws of the State of Texas. The
Parties acknowledge that they are of equal bargaining power and that to each of them it was
recommended to seek legal advice and each Party was given adequate opportunity to seek
representation of legal counsel in the negotiation and drafting of this Amended Agreement.
7. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Lubbock
County, Texas and construed in conformity with the provisions of Texas Local Government
Code Chapter 43.
8. NO WAIVER. The failure to either party to insist upon the performance of any term or
provision of this Amended Agreement or to exercise any right grated hereunder shall not
constitute a waiver of that party's right to insist upon appropriate performance or to assert
any such right on any future occasion.
9. GOVERNMENTAL POWERS. It is understood that by execution of this Amended
Agreement, the City does not waive or surrender any of its governmental powers or immunities.
10. COUNTERPARTS. This Amended Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the same
instrument.
11. CAPTIONS. The captions to the various clauses of this Amended Agreement are for
informational purposes only and shall not alter the substance of the term and conditions of
this Amended Agreement.
12. AGREEMENT BINDS SUCCESSORS AND RUNS WITH THE LA1�ID. This
Agreement is binding on and inures to the benefit of the Parties, their successors, and
assigns. The term of this Amended Agreement constitutes covenants running with the land
comprising the Properties and is binding on the Owner.
-�- ' �-- - ► 1 u- -' - - -- � '
�-- - - - - �-- �- - �- --`--- - _ :--
� _�� � 1 1 I I �
A. The City discloses that the Landowner is not required to enter into this agreement,
Page 10 of 12
however if the Landowner desires to have their property annexed, the Texas Local
Government Code Sec. 43.0672 requires a written agreement for the provision of
municipal services;
B. The City may, in compliance with and under the authority of the Texas Local
Government Code Subchapter C-3, annex the Landowner's property upon the
Landowner's request;
C. The procedural mechanisms in order to annex the Landowners property shall be as
follows:
1. The Landowner of the property must petition the City requesting the
annexation of Landowner's property;
If the City desires to annex Landowner's property, a written agreement shall
be made with each Landowner requesting property to be annexed and said
agreement shall include:
a. All of the services the City will provide to the property once annexed;
and
b. A schedule of any services the City will provide at a later time, if not
at the time of annexation.
D. The above procedures shall require the consent and signature of the City and the
Landowner; and
E. The City waives immunity from suit for the purpose of adjudicating a claim for breach
of the agreement.
14. ENTIRE AGREEMENT. This Amended Agreement constitutes the entire agreement
between the Parties and supersedes all prior oral and written agreements between said
Parties. This Amended Agreement shall not be amended unless executed in writing by all
Parties.
EXECUTED as of the Effective Date hereof.
CITY OF LUBBOCK LUBBOCK ECONONIMC DEVELOPMENT
ALLIANCE, INC.
TRA , MAYOR ohn Os orne, Chief Executive Officer
, Pa 12
ATTEST:
Co ey Paz, City Se ary
(as to John Osbome signature)
SUBSCRIBED AND SWORN TO BEFORE ME on the �
day of `1'"� day of , 20�, to
certify which witness my hand and official seal.
[SeaQ
APPROVED AS TO CONTENT:
Kr' ten Sager, Director Planning
APPROVED M:
�/
Kelli Leisur , eruor ssistant City torney
Page 12 of 12
Notary Public in and for
the State of Texas
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````t,� �n,,,,,,,
�� "��: KAREN EDWARDS
=��- Notary Publ�c. State of Texas
y,.� Notary ID� 134051309
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METES AND BOUNDS DESCRIPTION of a 105.867 acre tract of land, being all of that 105.44 acre
tract and all of that 0.4146 acre tract, both being described under County Clerk File Number
2023026576, Official Public Records of Lubbock County, Texas, and a portion of F.M. Road 40
right-of-way as described in Volume 215, Page 187, Deed Records of Lubbock County, Texas, all
being located in Section 4, Block A, Tyler Tap Railroad Company Survey, Lubbock County, Texas,
said 105.867 acre tract being further described as follows:
BEGINNING at a 1/2" iron rod found in the East line of Section 4, Block A, at the Northeast
corner of a 5.8 acre tract described under County Clerk File Number (CCFN) 2019027588,
Official Public Records of Lubbock County, Texas (OPRLCT), for the Southeast corner of this
tract, which bears N. 01°27'14" E. a distance of 964.86 feet from a 3/8" iron rod found at the
Southeast corner of Section 4, Block A, Tyler Tap Railroad Company Survey, Lubbock County,
Texas;
THENCE N. 88°39'34" W., along the Northern boundary of said 5.8 acre tract, a distance of
282.44 feet to a 1/2" iron rod found at the Northwest corner of said 5.8 acre tract and a corner
of this tract;
THENCE S. 01°28'08" W., along the Western boundary of said 5.8 acre tract, a distance of
153.87 feet to a 1/2" iron rod with cap marked "HRA" set for the Northeast corner of a 5.0 acre
tract described under CCFN 2009024615 (Second Tract), OPRLCT, and a corner of this tract;
THENCE N. 88°39'22" W., along the Northern boundary of said 5.0 acre tract, at 279.81 feet
pass a 1/2" iron rod found at the Northwest corner of said 5.0 acre tract and the Northeast
corner of a 5.0 acre tract described under CCFN 2009024615 (First
Tract), OPRLCT, at 562.03 feet pass a 1/2" iron rod found at the Northwest corner of said 5.0
acre tract and the Northeast corner of a 5.0 acre tract described under CCFN 2011030017,
OPRLCT, at 844.34 feet pass a 1/2" iron rod found at the Northwest corner of said 5.0 acre tract
and the Northeast corner of a S.0 acre tract described under CCFN 2018044161, OPRLCT, at
1126.96 feet pass a 1/2" iron rod found at the Northwest corner of said 5.0 acre tract and the
Northeast corner of a 5.0 acre tract described under CCFN 2014023968, OPRLCT, continuing for
a total distance of 1409.61 feet to a 1/2" iron rod with cap marked "HRA" set in the Eastern
boundary of a 5.6 acre tract described under CCFN 2014044724, OPRLCT, the Eastern boundary
of a 30 foot ingress and egress easement described in Volume 4156, Page 173 of the Real
Property Records of Lubbock County, Texas (RPRLCT), and a corner of this tract;
THENCE N. 01°42'S5" E., along the Eastern boundary of said 5.6 acre tract and said East
easement line, a distance of 91.52 feet to a 1/2" iron rod with cap marked "HRA" set for the
Northeast corner of said 5.6 acre tract, the Northeast corner of said easement and a corner of
this tract;
THENCE N. 88°39'22" W., along the Northern boundary of said 5.6 acre tract and said
easement, at 30.00 feet pass an 80 penny nail set for the Northwest corner of said easement,
continuing for a total distance of 282.46 feet to a 1/2" iron rod with cap marked "HRA" set for
the Northwest corner of said 5.6 acre tract and a corner of this tract;
THENCE S. 01°42'S5" W., along the Western boundary of said 5.6 acre tract, a distance of
106.20 feet to a 1/2" iron rod with cap marked "HRA" set for the Northeast corner of a 1.0 acre
tract described under CCFN 2017014380, OPRLCT, and a corner of this tract;
THENCE N. 88°39'22" W., along the Northern boundary of said 1.0 acre tract and a 1.0 acre tract
described under CCFN 2017014379, OPRLCT, at 287.96 feet pass a 1/2" iron rod found at the
Northwest corner of said 1.0 acre tract and the Northeast corner of a S.0 acre tract described
under CCFN 2007029664, OPRLCT, continuing along the Northern boundary of said 5.0 acre
tract, for a total distance of 575.97 feet to a 1/2" iron rod with cap marked "HRA" set for the
Northwest corner of said 5.0 acre tract and a corner of this tract;
THENCE S. 01'42'38" W., along the Western boundary of said 5.0 acre tract, at 756.57 feet pass
a 1/2" iron rod found in the North right-of-way line of said F. M. Road 40 as described in
Volume 215, Page 187, DRLCT, at the Southwest corner of said 5.0 acre tract, continuing for a
total distance of 796.34 feet to a point in the South line of Section 4, Block A, Tyler Tap Railroad
Company Survey, Lubbock County, Texas, and in the Southern boundary of a 154.1 acre tract
described in Volume 3972, Page 166, RPRLCT, said point also being in the North line of that
portion of the present city limits as established by City of Lubbock Ordinance No. 2021-00093;
THENCE N. 88°39'26" W., along the South line of said Section 4, the Southern boundary of said
154.1 acre tract, and said present city limits, a distance of 12.00 feet to a point for the
Southwest corner of said 154.1 acre tract, the Southeast corner of a 0.3 acre tract described in
Volume 6718, Page 262, RPRLCT, and Southwest corner of this tract;
THENCE N. 01°42'38" E., along the Western boundary of said 154.1 acre tract and the Eastern
boundary of said 0.3 acre tract, at 39.77 feet pass a 1/2" iron rod with cap marked "HRA" found
in the North right-of-way line of said F.M. Road 40, at 277.50 feet pass the Northeast corner of
said 0.3 acre tract and a corner of a 12.3 acre tract as described under CCFN 2016014044,
OPRLCT, continuing along the Western boundary of said 154.1 acre tract, the Eastern boundary
of said 12.3 acre tract, and the East right-of-way of Sumac Avenue dedicated by plat recorded in
Volume 1051, Page 626, DRLCT, at 2360.94 feet pass a 1/2" iron rod with cap marked "HRA" set
for the Southwest corner of a 0.4146 acre tract described in Volume 5093, Page 128, RPRLCT, at
2457.54 feet pass a 1/2" iron rod with cap marked "HRA" set for the Northwest corner of said
0.4146 acre tract, continuing along the Western boundary of said 154.1 acre tract and the East
right-of-way line of said Sumac Avenue, for a total distance of 2634.52 feet to a 1/2" iron rod
found in the Southern boundary of a 160 acre tract (the Northeast Quarter of said Section 4)
described in Volume 1323, Page 548, DRLCT, at the Northwest corner of said 154.1 acre tract
and the Northwest corner of this tract;
THENCE S. 88°36'44" E., along the Southern boundary of said 160 acre tract and the Northern
boundary of said 154.1 acre tract, a distance of 2554.35 feet to a 1/2" iron pipe found in the
East line of said Section 4, at the Northeast corner of said 154.1 acre tract and this tract;
THENCE 5. 01°27'14" W., along the East line of said Section 4, a distance of 1667.63 feet to the
Point of Beginning.
Contains: 105.867 Acres
METES AND BOUNDS DESCRIPTION of a 5.852 acre tract of land being all of that 5.59 acre tract
as described under County Clerk File Number 2021027876, Official Public Records of Lubbock
County, Texas, and a portion of F.M. Road 40 right-of-way as described in Volume 215, Page
187, Deed Records of Lubbock County, Texas, all being located in Section 4, Block A, Tyler
Tap Railroad Company Survey, Lubbock County, Texas, said 5.852 acre tract being further
described as follows:
BEGINNING at a point in the South line of Section 4, Block A, Tyler Tap Railroad Company
Survey, Lubbock County, Texas, said point also being in the Eastern boundary of the present city
limits as established by City of Lubbock Ordinance No. 2021- 00093, for the Southeast corner of
this tract, which bears N. 88°39'26" W. a distance of 1695.80 feet from the Southeast corner of
said Section 4;
THENCE N. 88°39'26" W., along the South line of said Section 4 and the Eastern boundary of
said present city limits, a distance of 282.46 feet to a point for the Southwest corner of this
tract;
THENCE N. 01°42'S5" E., at 39.74 feet pass a 1/2" iron rod found in the North right-of-way line
of F.M. Road 40 as described in Volume 215, Page 187, Deed Records of Lubbock County, Texas,
and the Southwest corner of a 5.59 acre tract as described under County Clerk File Number
(CCFN) 2021027876, Official Public Records of Lubbock County, Texas (OPRLCT), at 796.33 feet
pass a 1/2" iron rod with cap marked "HRA" set in the Southern boundary of a 105.33 acre tract
as described under CCFN 2021015592, OPRLCT, continuing along the Southern boundary of said
105.33 acre tract and the Western boundary of said 5.59 acre tract for a total distance of
902.53 feet to a 1/2" iron rod with cap marked "HRA" set for a corner of said 105.33 acre tract,
the Northwest corner of said 5.59 acre tract and the Northwest corner of this tract;
THENCE S. 88°39'22" E., along the Southern boundary of said 105.33 acre tract and the
Northern boundary of said 5.59 acre tract, a distance of 282.46 feet to a 1/2" iron rod with cap
marked "HRA" set for a corner of said 105.33 acre tract, the Northeast corner of said 5.59 acre
tract and the Northeast corner of this tract;
THENCE S. 01°42'S5" W., continuing along the Southern boundary of said 105.33 acre tract and
the Eastern boundary of said 5.59 acre tract, at 91.52 feet pass a 1/2" iron rod with cap marked
"HRA" set for a corner of said 105.33 acre tract, continuing along the Eastern boundary of said
5.59 acre tract, at 862.80 feet pass 1/2" iron rod found in the North right-of-way line of said
F.M. Road 40, at the Southeast corner of said 5.59 acre tract, continuing for a total distance of
902.53 feet to the Point of Beginning.
Contains: 5.852 Acres
METES AND BOUNDS DESCRIPTION of a 299.10 acre tract, being that same tract described in
Volume 7653, Page 50 of the Official Public Records of Lubbock County, Texas, located in
Section 23, Block A, John H. Gibson Survey, Lubbock County, Texas, and being further described
as follows:
BEGINNING at a"cross hatch" nail with washer marked "HRA" set for the Northwest comer of
Section 23, Block A, John H. Gibson Survey, Lubbock County, Texas, same being the Northwest
corner of this tract;
THENCE N. 89°59'S7" E., along the North line of said Section 23, a distance of 2622.52 feet to a
1/2" iron rod found at the Northwest corner of an 11.8 acre tract described under County Clerk
File No. 2020033841 of the Official Public Records of Lubbock County, Texas, and the Northeast
corner of this tract;
THENCE 5. 00°01'31" W., along the Western boundary of various tracts, at 50.00 feet pass a
1/2" iron rod with cap marked "HRA" set in reference, at 2623.90 feet pass a 3/4" iron pipe
found at the Southwest comer of a 1.0 acre tract described under County Clerk File No.
2008020881 of the Official Public Records of Lubbock County, Texas and the Northwest corner
of a 40.0 acre tract described under County Clerk File No. 2018048217 of the Official Public
Records of Lubbock County, Texas, continuing along the Western boundary of said 40.0 acre
tract for a total distance of 4924.86 feet to a 1/2" iron rod with cap marked "HRA" set for the
Northeast comer of a 0.6 acre tract described under County Clerk File No. 2017020118 of the
Official Public Records of Lubbock County, Texas and the most Easterly Southeast corner of this
tract;
THENCE West, along the Northern boundary of various tracts, continuing for a total distance of
1063.21 feet to a 112" iron rod with cap marked "HRA" set for the Northwest comer of a 1.3
acre tract described in Volume 3464, Page 252 of the Real Property Records of Lubbock County,
Texas and an "ell" corner of this tract;
THENCE South, along the Western boundary of said 1.3 acre tract and a 0.3 acre tract described
in Volume 6671, Page 146 of the Real Property Records of Lubbock County, Texas, a distance of
300.00 feet to a 1/2" iron rod with cap marked "HRA" set in the North line of a 40 foot right-of-
way easement described in Volume 215, Page 189 of the Deed Records of Lubbock County,
Texas, for the Southwest comer of said 0.3 acre tract and the most Southerly Southeast corner
of this tract;
THENCE West, along said easement line, a distance of 135.39 feet to a 3/4" iron pipe found at
the Southeast corner of a 1.4 acre tract described in Volume 423, Page 336 of the Deed Records
of Lubbock County, Texas, and a corner of this tract;
THENCE North, along the Eastern boundary of said 1.4 acre tract, a distance of 300.00 feet to a
112" iron rod with cap marked "HRA" set for the Northeast comer of said 1.4 acre tract and an
"ell" corner of this tract;
THENCE West, along the Northern boundary various tracts, a distance of 1088.00 feet to a 1/2"
iron rod with cap marked "HRA" set for an "ell" corner of a 1.5 acre tract described under
County Clerk File No. 2009030777 of the Official Public Records of Lubbock County, Texas and
an "ell" comer of this tract;
THENCE North, along the Northern boundary of said 1.5 acre tract, a distance of 29.89 feet to a
3/8" iron rod found at the Northwest comer of said 1.5 acre tract and a corner of this tract;
THENCE S. 45°57'07" W., along the Western boundary of said 1.5 acre tract, a distance of
474.47 feet to a 1/2" iron rod with cap marked "HRA" set in said easement line, for the
Southwest corner of said 1.5 acre tract and a corner of this tract;
THENCE West, along said easement line, a distance of 5.79 feet to a 1/2" iron rod with cap
marked "HRA" set in the West line of said Section 23 for the Southwest corner of this tract;
THENCE N. 00°08'36" E., along the West line of said Section 23, at 5174.84 feet pass a 1/2" iron
rod with cap marked "HRA" set in reference, continuing for a total distance of 5224.84 feet to
the Point of Beginning.