HomeMy WebLinkAboutResolution - 2008-R0161 - Rescind 2008-R0137, Execute Compromised Settlement Agreement - North Ridge HOA - 04/24/2008Resolution No. 2008-RO161
April 24, 2008
Item No. 5.19
RESOLUTION
WHEREAS, the City Council of the City of Lubbock conditionally adopted
Resolution No. 2008-RO137 (the "Prior Resolution") at its meeting of April 10, 2008;
WHEREAS, the City Council now desires to rescind the Prior Resolution, and
adopt another resolution in its stead;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT Resolution No. 2008-R0137 is hereby rescinded in its entirety.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Compromise Settlement
Agreement in the matter styled North Ridge Homeowners Association et. al. v. City of
Lubbock, Cause No. 07-05-06194, in the 106th Judicial District Court of Garza County,
Texas. Said Agreement is attached hereto and incorporated in this Resolution as if fully
set forth herein and shall be included in the minutes of the Council.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT City staff enter into good faith negotiations with the owner of Section 20
regarding the breadth and sufficiency of the Flood Easement located thereon and to bring
a proposal, if appropriate, to City Council to reduce the size of the Flood Easement to
elevation 2245' above mean sea level consistent with the City's Flood Easement
downstream of such lands.
Executed by the City Council this 24th day of Aril 2008.
D�.
DAVID A. ILLER, MAYOR
ATTEST:
Rebecca 'arza, City Secretary
APPROVED AS TO CONTENT:
Thomas Adams,
Deputy City Manager/Water Utilities Director
APPROVED AS TO FORM:
Z- �' � q'_'
Richard K. Casner, First Ass—is-MrA City Attorney
ao/ccdocs/Compromise Settlement Agreement -North Ridge 041708
Resolution No. 2008-RO161
NO. 07-05-06194
NORTH RIDGE HOMEOWNERS § IN THE DISTRICT COURT
ASSOCIATION, et al.
Plaintiff, §
V. § 106th .TUDICIAL DISTRICT
CITY OF LUBBOCK §
Defendant. § OF GARZA COUNTY, TEXAS
COMPROMISE SETTLEMENT AGREEMENT
This Compromise Settlement Agreement (the "Settlement Agreement" or "Agreement")
is entered into between the City of Lubbock, a Texas Home Rule Municipal Corporation
(the "City"), and those persons and or entities identified and listed on Exhibit "A"
attached hereto and made a part hereof for all purposes (collectively, the "Claimants")
certain Claimants acting by and through the North Ridge Homeowners Association, the
Oak Canyon Homeowners Association, the Rio Brazos Homeowners Association and the
Rio Brazos Lakeshore Property Association, respectively, as noted on Exhibit "A", and
all of said Claimants joining in or ratifying this Agreement as well as entering a general
appearance in the referenced Cause.
RECITALS
WHEREAS, pursuant to that certain Plaintiffs Original Petition for Declaratory
Judgment (the "Claim"), Cause No. 07-05-06194, styled North Ridge Homeowners
Association v. City of Lubbock, in the District Court, 106th Judicial District of Garza
County, Texas, Northridge Homeowners Association, being one of the Claimants, filed
an action against the City for judicial declaration regarding, among other things, the legal
construction of certain terms contained within that certain Memorandum of Agreement
(the "Memorandum"), dated on or about April 3, 1986, by and between the City and Mr.
& Mrs. Billy Wayne Williams, et al, and the conveyancing documents executed by the
Landowners (as defined in the Memorandum) and delivered to the City pursuant to the
terms of the Memorandum;
WHEREAS, the Memorandum, and conveyancing instruments executed by the
Landowners and delivered to the City pursuant to the Memorandum, provided, among
other things, (i) that, at times when the Lake is below normal operating level, the
Landowners are permitted to occupy those lands conveyed in fee to the City to be utilized
for Lake Alan Henry, as more particularly described therein (the "Lake Lands"), and
generally described as those lands located below elevation 22207 feet above mean sea
level, for recreational purposes, but expressly prohibiting the building, placing or erecting
of any "structure" or "facility" on such Lake Lands; and (ii) the right to the City to
remove or prevent the construction of "structures" and "facilities" within the called Flood
and Restrictive Easement and Restrictive Easement (collectively, the "Memorandum
Easements");
WHEREAS, certain of the Claimants are successors in interest to the Landowners
and now own lands adjacent to the Lake Lands and/or lands burdened by the
Memorandum Easements;
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WHEREAS, certain Claimants acquired lands through other conveyancing
instruments and chains of title not related to the Memorandum wherein certain
easements, as more particularly described in such conveyancing instruments (the
"Separate Easements"), were reserved by or conveyed to the City, said Separate
Easements providing identical or substantially similar rights to the City as to "structures"
and "facilities" as provided in the Memorandum Easements (the Memorandum
Easements and the Separate Easements, and the lands encumbered by same, are
collectively referred to in this Agreement as the "Restrictive Easements");
WHEREAS, Blakey, as defined below, conveyed certain Lake Lands to the City,
as more particularly described below, wherein Blakey reserved the right to use, at times
when the Lake is below normal operating level, the Lake Lands for recreational purposes,
but was expressly prohibited from building, placing or erecting any improvements of any
nature within the Lake Lands;
WHEREAS, in addition to the private property rights conferred upon the City by
the Restrictive Easements, Senate Bill 1941, Regular Session 78th Legislature (2003)
(Senate Bill 1941 City's Police Power) confers upon the City the right to exercise police
powers over (a) Lake Alan Henry; (b) any city -owned land around Lake Alan Henry; and
(c) easements on or above Lake Alan Henry owned or in favor of the City (the "Enabling
Statute"), to the extent it does not impair contractual rights or agreements existing before
the effective date of the Enabling Statute;
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WHEREAS, the City and Claimants now desire to enter into this Agreement to
clarify and modify certain rights regarding activities upon the Lake Lands and Restrictive
Easements, to create property rights in favor of the Claimants and City running with the
land, and to have such agreements, modifications, clarifications and property rights be
incorporated into an Order or Judgment of the 106th Judicial District Court of Garza
County, Texas, to resolve the matters pleaded in the Claim and all of the claims or causes
of action that could have been brought in the Claim by any Claimants;
WHEREAS, the City and Claimants desire to maintain a clean, pristine and
beautiful environment at LAH and to maintain and protect the quality of LAH as a
primary source of potable water for the City of Lubbock;
WHEREAS, the Claimants acquired their property rights at LAH, respectively,
relying upon the Restrictive Easements to insure such pristine environment and quality of
water, and to insure no structures or facilities would be built within the Lake Lands and
Restrictive Easements except as specifically permitted by the Restrictive Easements;
WHEREAS, the City and Claimants desire to use the Enabling Statute, Senate
Bill 1941 City's Police Power, to assist them in the protection of such pristine
environment and quality of water and to implement and insure compliance with this
Agreement within the Restrictive Easements and the Lake Lands, inclusive of, but not
limited to the allowance and permitting of the construction of the limited structures and
facilities as permitted by this Agreement;
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WHEREAS, all parties desire to enter into this Agreement in order to buy their
peace, to insure, procure and protect their property rights, to limit the hazards and
uncertainties of litigation and to have certainty and consistency with respect to their use
and enjoyment of their property and to insure, maintain and protect the quality of water at
LAH as a primary potable water source for the City of Lubbock and secondarily to allow
for recreation activities as prescribed in this Agreement, subject to the priority of its
water being a primary potable water source for the City of Lubbock;
WHEREAS, the City and Claimants are entering into this Agreement contingent
upon the passage by the City Council for the City of Lubbock, Texas, of an Ordinance
(the "Subject Ordinance"), which provides, among other things, and subject to the
conditions and limitations set forth therein, for the construction of structures and facilities
and for permitted uses and conditions to exist within the Lake Lands and within the
Restrictive Easements inclusive of boat docks (safety platforms), patios, patio shade or
arbors, pathways and development boat docks as defined and limited by the Subject
Ordinance;
WHEREAS, the City and each Claimant recognize they are giving up, receiving
and modifying property rights as to their respective properties surrounding and/or
adjacent to LAH by entering into this Agreement;
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WHEREAS, in addition to pending litigation, there presently exists within the
Restrictive Easements various and sundry structures and facilities, which structures and
facilities the City deems to be in violation of the Restrictive Easements, and which, if not
provided relief under this Agreement and Subject Ordinance, as provided herein, would
be in violation of this Agreement ("Nonconforming Facilities"); and
WHEREAS, the City and Claimants, for purposes of achieving consensus
participation and execution of this Agreement by Claimants owning lots and properties
adjacent to LAH shoreline and/or burdened by the Restrictive Easements, for purposes of
settlement, making peace and implementing the procedures and safeguards in the fixture
contemplated by this Agreement, desire that the Nonconforming Facilities may be
deemed legal upon strict compliance with the conditions prescribed herein and by the
Subject Ordinance; and
WHEREAS, the City and Claimants acknowledge and agree that this Agreement
and any Judgment incorporating or containing the same will constitute a modification of
the Restrictive Easements both limiting and granting property rights of the City and the
Claimants as more particularly set forth herein, and which modifications shall constitute
covenants running with the land.
NOW, THEREFORE, for and in consideration of the mutual covenants, promises,
premises and agreements contained herein, City and Claimants hereby agree as follows:
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1. A. Conveyancing Instruments.
The lands and interests subject to this Agreement were conveyed to, or reserved by, the
City in several conveyances. Such conveyances and the lands and interests conveyed to,
or reserved by, the City described in such conveyances, as well as other lands subject to
this Agreement, are set forth below.
1. The Memorandum and Related Conveyances.
On or about April 3, 1986, the City and Mr. & Mrs. Billy Wayne Williams, Mr. &
Mrs. Billy Huddleston, Mr. & Mrs. John Ward, Mr. & Mrs. John Reed, Mr. &
Mrs. J. W. Headstream, Mr. & Mrs. Jim Boren, Mr. & Mrs. John Boren, Jr., and
Mrs. Walter Boren (called the "Landowners" in the Memorandum and herein)
entered into the Memorandum wherein, among other things, the Landowners
agreed to convey the Lake Lands in fee simple, and the Restrictive Easements, as
more particularly described therein, to the City.
The Memorandum was filed of record in Garza County, Texas, and as applicable
to the Headstream lands, Dent County, Texas, as attached to, or incorporated by
reference in, the respective Contracts of Sale between the respective Landowners
and the City. The conveyances executed by the Landowners and delivered to the
City, and the lands affected by such conveyances, are described as follows:
(a) By Warranty Deed, dated on or about August 25, 1989, and recorded
in Volume 183, Page 809, Deed Records, Garza County, Texas, Billy
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Wayne Williams and wife, Patsy Williams ("Williams") conveyed to the
City, among other lands, the Lake Lands and Restrictive Easements
located in Section 81 and 82, Block 5, H. & G.N. R.R. Co. Survey, Garza
County, Texas, as more particularly described therein by reference to legal
description in that certain Contract of Sale, dated April 21, 1989, by and
between Williams and the City, recorded in Volume 180, Page 440, Deed
Records, Garza County, Texas.
(b) By Warranty Deed, dated on or about August 30, 1989, and recorded
in Volume 183, Page 919, Deed Records, Garza County, Texas, Nonnie
Rodgers Ward and husband, John Ward ("Ward") conveyed to the City,
among other lands, the Lake Lands and Restrictive Easements located in
Section 79, 80, 94, 95, 96, 106, and 107, Block 5, H. & G.N. R.R. Co.
Survey, Garza County, Texas, as more particularly described by reference
to legal description in that certain Contract of Sale, dated April 18, 1989,
by and between Ward and the City, recorded in Volume 180, page 1, Deed
Records, Garza County, Texas.
(c) By Warranty Deed, dated on or about August 24, 1989, and recorded
in Volume 195, Page 707, Deed Records, Dent County, Texas, and
Volume 183, Page 787, Deed Records, Garza County, Texas, Mary Ellen
Headstream and husband, J. W. Headstream ("Headstream") conveyed to
the City, among other lands, the Lake Lands and Restrictive Easements
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located in Section 57, 58, 59, 67, and 68, Block 5, H.& G.N. R.R. Co.
Survey, Garza County, Texas and Kent County, Texas, as more
particularly described by reference to legal description in that certain
Contract of Sale, dated April 7, 1989, by and between Headstream and the
City, recorded in Volume 194, Page 103, Deed Records, Kent County,
Texas and Volume 179, Page 562, Deed Records, Garza County, Texas.
(d) By Warranty Deed, dated on or about August 29, 1989, and recorded
in Volume 183, Page 875, Deed Records, Garza County, Texas, Walter
Boren ("Boren") conveyed to the City, among other lands, the Lake Lands
and Restrictive Easements located in Section 116, 136 and 137, Block 5,
H. & G.N. R.R. Co. Survey, and Section 4 and 5, Block 6, H. & G. N. R.R.
Co. Survey, Garza County, Texas, as more particularly described by
reference to legal description in that certain Contract of Sale, dated May
25, 1989, by and between Boren and the City, recorded in Volume 182,
Page 230, Deed Records, Garza County, Texas.
2. Blakey Conveyances
(a) By General Warranty Deed, dated on or about December 19, 1990,
and recorded in Volume 194, Page 269, Deed Records, Garza County,
Texas, Estine D. Blakey, John Clinton Blakey, James Edward Blakey and
Carolyn Estine Blakey ("Blakey"), conveyed to the City, among other
lands, the Lake Lands located in Section 108, 114, 115, 137 and 138,
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Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas, as more
particularly described therein.
(b) By Restrictive Easement and Flood Easement, dated on or about
December 19, 1990, recorded in Volume 194, Page 313, Deed Records,
Garza County, Texas, Blakey conveyed to the City the Restrictive
Easements located in Section 108, 114, 115, 137, and 138, Block 5, G. &
G.N. R.R. Co. Survey, Garza County, Texas, as more particularly
described therein.
3. Fuller Conveyance.
By Corrected Flood and Restrictive Easement, dated on or about April 14, 1991,
and recorded in Volume 205, Page 3, Deed Records, Garza County, Texas,
Andrew P. Fuller conveyed to the City, among other lands, the Restrictive
Easements located in Section 109, Block 5, H. & G.N. R.R. Co. Survey, Garza
County, Texas, as more particularly described therein.
4. Cash Conveyance.
By Restrictive Easement and Flood Easement, dated on or about September 29,
1989, and recorded in Volume 184, Page 498, Deed Records, Garza County,
Texas, Bandy Silas Cash conveyed to the City the Restrictive Easements located
in Section 117, Block 5, H. & G.N. R.R. Co. Survey, Garza County, Texas, as
more particularly described therein.
ff
5. Post ISD Conveyance.
By Flood and Restrictive Easement, dated on or about February 12, 1992, and
recorded in Volume 203, Page 716, Deed Records, Garza County, Texas, Post
Independent School District conveyed to the City, among other lands, the
Restrictive Easements located in Section 12, Block 6, H. & G.N. R.R. Co. Survey,
Garza County, Texas, as more particularly described therein.
6. Reed Conveyances.
(a) By Warranty Deed, dated on or about December 14, 1989, and
recorded in Volume 185, Page 1029, Deed Records, Garza County, Texas,
Weldon Reed and wife, Maritta Reed ("Reed"), conveyed to the City,
among other lands, the Lake Lands located in Section 117, Block 5, H. &
G.N. R.R. Co. Survey, Garza County, Texas, as more particularly
described therein.
(b) By Restrictive Easement and Flood Easement, dated on or about
December 14, 1989, and recorded in Volume 185, Page 1036, Deed
Records, Garza County, Texas, Reed conveyed to the City the Restrictive
Easements located in Section 117, Block 5, H. & G.N. R.R. Co. Survey,
Garza County, Texas, as more particularly described therein.
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7. Justice Conveyance
By Restrictive Easement and Flood Easement, dated on or about July 15, 1991,
and recorded in Volume 197, Page 999, Deed Records, Garza County, Texas,
Appleton Doyle Justice conveyed to the City, the Restrictive Easements located in
Section 3 and 13, Block 6, H. & G,N. R.R. Co. Survey, Garza County, Texas, as
more particularly described therein.
8. Garza County Condemnation/Cause No. 4743
Certain Lake Lands and Restrictive Easements, as condemned by, and awarded to,
the City, in that certain matter styled City of Lubbock, Texas v. A. Doyle Justice,
et al., Cause No. 4743, in the 106th District Court of Garza County, Texas, said
lands and interests being described in that certain Petition for Condemnation, filed
for record in Volume 2, Page 164, Lis Pendens Records of Garza County, Texas,
and being further described in that certain Judgment in Absence of Objection to
the Award of Special Commissioners in this Cause, filed for record in Volume
208, Page 624, Deed Records, Garza County, Texas, the Lake Lands and
Restrictive Easements, located in Section 3, 11, 12, 13, and 20, Block 6, H. &
G.N. R.R. Co. Survey, Garza County, Texas, as more particularly described in the
above referenced documents.
(The conveyances and condemnation award described in paragraphs 1.A.1. through
LAX are collectively referred to in this Agreement as the "Conveyancing Instruments").
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B. Other Lands
In addition to the above described Conveyancing Instruments conveying the Lake Lands
and/or Restrictive Easements described therein, it is the express intent of the City and the
Claimants that this Compromise Settlement Agreement specifically include, impresses all
of the restrictions, agreements, covenants and provisions herein, and hereby encumbers
any and all lands owned by Claimants and any and all lands, easements and or property
rights and interests owned by the City wherein Claimants have been granted certain
limited rights of occupation, (i) located below elevation 2220 feet above mean sea level,
as said elevation boundary may be described in any conveyancing instruments or
documents of any kind conveying those lands to the City; and (ii) encumbered or
burdened by any easements in favor of the City, as either may be located in any of the
following described land, to -wit:
a) Block 5, H.& G.N. R.R. Co. Survey, Garza County, Texas and Kent County,
Texas.
(i) Section 57, 58, 59, 67, 68, 79, 80, 81, 82, 94, 95, 96, 106, 107, 108,
109, 114, 115, 116, 117, 136, 137, and 138.
b) Block 6, H.& G.N. R.R. Co. Survey, Garza County, Texas.
(i) Section 3, 4, 5, 11, 12, 13, and 20.
The lands and interests included and described in this paragraph I.B. shall
be expressly included within the "Lake Lands" and "Restrictive
Easements" for all purposes of this Agreement and any conveyancing
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instrument or document conveying or reserving said lands or interests
shall also be expressly included within the definition of "Conveyancing
Instruments" for the purpose of this Agreement.
2. Except as expressly provided otherwise herein, the construction or maintenance of any
structure or facility, or the permitting of any structure or facility to remain upon or within
the Lake Lands and/or Restrictive Easements is expressly prohibited. For the purposes of
this Agreement, "structure" or "facility" shall mean any structure, installation,
infrastructure or improvement of any kind or type, whether temporary or permanent;
however, pens, gates, fences for livestock enclosure, and cattle guards are specifically
and solely excepted from such definition.
Notwithstanding the absolute prohibition above as to structures or facilities, the activities,
inclusive of the construction of structures and facilities and the uses and conditions
specifically set forth and prescribed in the Subject Ordinance ("Subject Ordinance"),
attached hereto as Exhibit "B", reference to which is hereby made, and made a part hereof
as if fully copied verbatim, shall be permitted within the lands and areas described therein
(the "Permitted Activities"). The Permitted Activities shall be permitted and subject to
the exercise of regulatory police power authority of the City as prescribed in the Subject
Ordinance; provided however, and notwithstanding any other provision of this
Agreement to the contrary, inclusive of the provisions of the Subject Ordinance or any
subsequent Ordinance passed by any City Council of the City of Lubbock, the structures,
facilities, uses and conditions permitted by the Subject Ordinance and by this Agreement,
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if in compliance with this Agreement and the Subject Ordinance, shall constitute and do
hereby create property rights in the Claimants and City running with the land, the
allowance of which shall not be subject to being prohibited by the passage of a
subsequent Ordinance by the City of Lubbock.
For purposes of clarification, the Claimants shall be permitted to construct the structures
and facilities within the Lake Lands and/or Restrictive Easements as specifically
permitted and contemplated by this Agreement and the Subject Ordinance, conditioned
upon compliance with the Subject Ordinance, or any future ordinance passed by the City
of Lubbock that does not effectively, practically or by way of overburdening
requirements, preclude the Claimants from constructing the facilities or structures, within
the Lake Lands and/or within the Restrictive Easements, as specifically permitted and
contemplated by this Agreement and the Subject Ordinance. In this regard, it is
stipulated, understood and agreed by the City and Claimants that by their respectively
entering into this Agreement, the City and Claimants are both gaining and giving up
valuable property rights within the Lake Lands and/or within the Restrictive Easements,
based on contract as between property owners and this Agreement; and that the
Claimants are consenting to the use of the Senate Bill 1941 City's Police Power to assist,
implement and enforce this Agreement as prescribed by the Subject Ordinance.
3. Except as specifically modified as to activities related to structures and facilities
within the Lake Lands and/or within Restrictive Easements, as set forth herein, the terms
of the Memorandum and the Conveyancing Instruments shall remain in full force and
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effect and shall be unaffected by this Agreement, including without limitation, the right
of the City to overflow, flood or cover certain lands at any time, as said lands and rights
are more particularly described in the Memorandum and Conveyancing Instruments. To
the extent the Memorandum and Conveyancing Instruments conflict with any term or
provision of this Agreement as to activities of the Claimants, their heirs, devisees,
successors and assigns, related to structures and facilities within Lake Lands and/or
within Restrictive Easements, this Agreement shall control.
4. Certain existing Nonconforming Facilities are presently located within the Restrictive
Easements which if desired by the owner of the land at issue, may, so long as all
conditions prescribed in the Subject Ordinance are complied with, be deemed to be in
compliance with this Agreement, as prescribed by the Subject Ordinance.
S. The City and Ashley and Fagan Investments Company, Inc., et al. entered into that
certain Compromise Settlement Agreement, in Cause No. 15 8 1, styled Ashley and Fagan
Investments Company, Inc., et al. v. the City of Lubbock, in the 39th District Court of
Kent County, Texas ("Fagan Settlement") wherein certain of the Claimants (the "Fagan
Claimants") settled and compromised, among other issues, the placement, location or
maintenance of structures or facilities within the Restrictive Easements and/or Lake
Lands. Except as otherwise provided herein, to the extent the Fagan Settlement conflicts
with any term or condition of this Agreement, this Agreement shall control.
Notwithstanding the above, and with further specificity. the rights granted to the Fagan
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Claimants related to the Water Extraction License, as defined in Paragraph 6 of the Pagan
Settlement, shall not be affected or superseded by this Agreement.
At such point as this Settlement Agreement shall become effective, the Plaintiffs in the
above described Cause No. 1581 and the City of Lubbock shall join in a joint motion to
transfer said Cause No. 1581 to this Court, the 106th District Court in Garza County,
Texas, and agree to seek an order consolidating this Cause and the former Cause No.
1581 from the 39th District Court and agree that the declaratory judgment to be entered
pursuant to this Settlement Agreement shall be deemed the "final judgment" regarding
both cases.
6. The City enacted that certain Ordinance No.2005-00032 on first and final reading on
March 4, 2005 (the "Police Ordinance"). The Police Ordinance establishes the rules and
regulations for Lake Alan Henry, land located adjacent to or in the near vicinity of Lake
Alan Henry owned by the City, and easements above Lake Alan Henry owned or in favor
of the City. To the extent, and only to the extent, the Police Ordinance pertains to
activities related to structures and facilities within the Lake Lands and/or Restrictive
Easements and conflicts with the terms of this Agreement, the terms of this Agreement
shall control and the Police Ordinance shall be amended by the City subsequent to the
date hereof to reflect such intent.
7. It is contemplated and desired by the parties to this Agreement that this Agreement be
submitted to the Court in the above referenced cause and incorporated into a Declaratory
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Judgment which shall be filed for record in this cause and in the Real Property Records of
Garza and Kent Counties, Texas. This Agreement, as well as the contemplated
Declaratory Judgment described herein, is binding upon, and inures to the benefit of, each
of the parties hereto, their respective heirs, devisees, successors and assigns. It is
expressly the intention of the City and the Claimants that the covenants, restrictions,
encumbrances and benefits prescribed in this Agreement and contemplated Declaratory
Judgment, run with the land for all intents and purposes, and each and every
conveyancing instrument and/or any other document or instrument affecting any of the
lands affected by this Agreement shall be subject to this Agreement.
8. City and Claimants expressly stipulate that the Memorandum and Conveyancing
Instruments shall be deemed to be modified in accordance with the terms of this
Agreement regarding activities within the Lake Lands and/or Restrictive Easements.
9. The City and Claimants hereby expressly stipulate that the powers of the City, as set
forth in this Agreement, are expressly authorized by and constitute valid police powers,
as conferred upon the City, by the Enabling Statute. Further, it is expressly stipulated by
City and Claimants that this Agreement, and the contemplated Declaratory Judgment, do
not impair in any way, manner or form, the contractual rights or agreements existing as of
the date hereof affecting the Claimants and/or the lands owned by Claimants as
stipulated, understood and agreed to herein.
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1 Q. In the event the Claimants, their heirs, devisees, successors or assigns, shall violate
the terms of this Agreement, the contemplated Declaratory Judgment and/or the Subject
Ordinance made part of this Agreement, such party of parties shall be deemed to be in
violation of the Subject Ordinance (and subject to any and all penalties provided therein),
this Agreement, and the contemplated Declaratory Judgment.
11. This Agreement includes any transaction, occurrence, matter or thing whatsoever,
whether known or unknown, fixed or contingent, related to, arising or accruing due to or
under the (i) Memorandum; (ii) Conveyancing Instruments; and/or (iii) the Lake Lands,
and/or Restrictive Easements, regarding the construction and/or maintenance of structures
or facilities, as defined in the Subject Ordinance, and actions impacting or having the
potential to impact erosion, within the Lake Lands and/or Restriction Easements.
Claimants hereby declare that they fully understand the terms of this Agreement and
voluntarily accept the above settlement provisions for the purposes of making full and
final settlement of any and all claims regarding activities that may be conducted within
the Lake Lands and/or the Restrictive Easements by Claimants, their heirs, devisees,
successors and assigns, and other matters as set forth herein.
12. This Agreement, including all exhibits attached hereto and made a part hereof,
together with the respective Ratification documents signed by Claimants, constitute the
entire Agreement between the City and Claimants and supersede all prior agreements,
understandings, negotiations and discussions, whether oral or written, of the City and
Claimants.
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13. No waiver of any of the provisions of this Agreement, or exhibits attached hereto and
made a part hereof, shall be deemed or shall constitute a waiver of any other provision
hereof (whether or not similar), nor shall such waiver constitute a continuing waiver
unless otherwise expressly provided.
14. Except as expressly provided otherwise herein, each party shall be solely responsible
for all expenses incurred by it, including without limitation, each parties' attorney's fees,
in connection with the Claim and all issues being settled and compromised by this
Agreement. It is expressly stipulated that the Claimants have consulted with whatever
consultants, attorneys or other advisors they deem appropriate concerning the affect of
this Agreement. This Agreement has been and shall be construed to have been drafted by
all the parties to it so that the rule of construing ambiguities against the drafter shall have
no force or affect.
15. In the event this Agreement does not become effective for any reason, it shall be
deemed negotiations for settlement purposes only and will not be admissible in evidence
or useable for any purposes whatsoever.
16. The Claimants, by entering into this Agreement, acknowledge that this Agreement
compromises disputed claims regarding permissible activities within the Lake Lands and
Restrictive Easements and other matters as set forth herein and shall not be construed as
an admission that any activities of any kind are permitted by the Conveyancing
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Instruments or within the Lake Lands and/or Restrictive Easements absent the terms and
provisions of this Agreement.
17. It is expressly stipulated by Claimants that all provisions of this Agreement are
contractual and not mere recitals.
18. Notwithstanding any provision herein to the contrary, it is specifically agreed,
understood and stipulated between the City and each Claimant that the enforcement and
binding nature of this Agreement upon the City and upon any Claimant is contingent
upon passage of the Subject Ordinance attached hereto as Exhibit "B", and that no
property rights will be given up or gained by any party and no right given up or
obligation created, except upon passage of such Subject Ordinance as specifically set
forth in Exhibit "B" attached hereto, and in event of failure to adopt the Subject
Ordinance within 60 days of the date of this Agreement, the rights of the parties shall
remain and be reinstated to those respectively existing as to each party as if this
Agreement had not been signed by such party and this Agreement shall be deemed null
and void for all purposes.
19. Notwithstanding that this Agreement is binding upon, and inures to the benefit of
each of the parties hereto, their respective heirs, devisees, executors, administrators,
representatives, agents, successors and assigns, the City and Claimants stipulate and
agree that the property rights and benefits gained by the Claimants by entering into this
Agreement, inclusive of, but not limited to the right to construct boat docks (safety
21
platforms), patios and pathways within the Lake Lands and/or Restrictive Easements, as
specifically provided herein, inure only to the benefit of parties to this Agreement, and
that no lot or property owner who is not a party to this Agreement shall be entitled to
construct and or apply for construction of a structure or facility as provided for in this
Agreement and the Subject Ordinance, but instead shall have only those same rights and
limitations afforded them under the Conveyancing Instruments as they apply or pertain to
their ownership of lots or lands within the Lake Lands and Restrictive Easements as if
this Agreement did not exist. This Agreement inures only and solely to the benefit of the
Claimants, being the owners of those lots or properties within the Lake Lands and
Restrictive Easement areas that contract with the City for such rights and give up those
other rights that may be claimed by them to exist within the Lake Lands and Restrictive
Easement areas for the rights gained as expressly provided by this Agreement.
It is further stipulated and agreed that Claimants may join in this Agreement from the
date of execution hereof by the City to ninety (90) days after such date of execution by
the City.
It is further stipulated and agreed by the Claimants and City that the City, in entering
into this Agreement, is not intending, nor are Claimants intending, to waive any of the
City's respective rights to enforce the rights provided to it by the Conveyancing
Instruments, including without limitation those rights applicable to the Lake Lands and
Restrictive Easements, against those who are not parties to this Agreement, or against
parties to this Agreement who violate the same.
22
20. This Agreement shall be governed by the laws of the state of Texas.
21. The Comprehensive Settlement Agreement may be executed in any number
of multiple Counterparts (herein so called) and Claimant Ratifications to the same, and
each such Counterpart hereof, whether joined by execution or by Claimants Ratification,
shall be deemed to be an original instrument, and all such Counterparts, whether joined
by execution or by Claimant Ratification, when taken together shall constitute but
one Agreement.
Executed by the City Council of the City of Lubbock this 24th day ofApril , 2008.
CITY:
CITY OF LUBBOCK
tAM ng
TDAVID7i-A—.
ATTEST:
ebe ca Garza, City Secretary
APPROVED TO CONTENT:
omas Adam , ep City Manager
23
APPROVED AS TO FORM:
L___
Anita Burgess, City Att rney
Executed by Claimants as of the dates set forth herein.
CLAIMANTS:
North Ridge Homeov Association
L:
Name:
Title:
Dated: 2008
Oak Canyon Homeowners Association
By:
Name:
Title:
Dated: 2008
Rio Brazos Homeowners Association
By:
Name:
Title:
Dated:
►z!
2008
APPROVED AS TO FORM:
Anita Burgess, City Attorney
Executed by Claimants as of the datzs set forth herein,
CLAIMANTS:
North Ridge Homeowners Association
By; _
Name:
Title:
Dated:
Oak Canyon Homeowners Association
By;
Name:
Title: rC 0 e
2008
Dated: .L�P 'a�) , 200$
Rio Brazos Homeowners Association
By: , G
Name: —Lri
LC C (� '
Dated: qr;�
24
-- — --- , H&-X--Wa RthTA7F,YgAR E0:01 800Z/6Z/V0
R/Lake Final Settlement 441008
Rio Brazos Lake e P e! Association
By:
Name: � A &P y H I?
Title: P/1. -F C . f .P +I
Dated: , � G �r S , 2008
25
Resolution No. 2008-80161
EXHIBIT "A"
to the
Compromise Settlement Agreement
The specific lands described below are intended for reference only. Notwithstanding
the references to specific lands, this Compromise Settlement Agreement covers and
includes the lands and interests of the Claimants burdened by the Restrictive
Easements, as defined and as described in this Compromise Settlement Agreement, and
being defined as the Flood Easement and Restrictive Easement in the Subject
Ordinance attached to and made a part of this Compromise Settlement Agreement.
Section 3
Rosemary Justice
TR Wells Fargo Bank
PDS Tax Services
P.O. Box 13519
Arlington, TX 76094
Section 4
Mrs. Walter Boren
Mildred Sentell
2612 32nd St
Snyder, TX 79549
Walter Boren
Mildred Sentell
2612 32nd St
Snyder, TX 79549
John C. Boren
P.O. Box 115
Justic.eburg, TX 79330
J.W. Boren Jr.
P.O. Box 126
Justiceburg, TX 79330
Mildred Sentell
2612 32nd St
Snyder, TX 79549
Non Subdivided Section
Garza County
26
Section 5
Walter Boren
Mildred Sentell
2612 32nd St
Snyder, TX 79549
John C. Boren
James Walter Boren
P.Q. Box 115
Justiceburg, TX 79330
Mrs. Walter Boren
2612 32nd St
Snyder, TX 79549
Mildred Sentell
2612 32nd St
Snyder, TX 79549
J.W. Boren Jr.
P.Q. Box 126
Justiceburg, TX 79330
Section 11
J.W. Boren Jr.
P.Q. Box 126
Justiceburg, TX 79330
Section 12
Odie A. Hood and wife,
Joan C. Hood
P.Q. Box 137
Justiceburg, TX 79330
J.W. Boren Jr.
P.Q. Box 126
Justiceburg, TX 79330
James Boren and wife,
Barbara C. Boren
5232 29th St
Lubbock, TX 79407
27
Section 13
Rosemary Justice
Justice Trust
Wells Fargo Bank
P.O. Box 13519
Arlington, TX 76094
Griffis Dan Children's Trust
3211 38th St
Lubbock, TX 79413
Section 20
Odie Hood Jr.
P.O. Box 137
Justiceburg, TX 79330
Section 56
See Kent County
See Oak Canyon Subdivision
Section 57
Leslie and Lesa Ward
P.O. Box 77
Snyder, TX 79550
Ashley and Fagan
Investments Co Inc
2619 College Ave
Snyder, TX 79549
See Kent County
See Rio Brazos Subdivision
Section 58
See Oak Canyon Subdivision
See Rio Brazos Subdivision
Section. 59
Leslie and Lesa Ward
P.O. Box 77
Snyder, TX 79550
See Kent County
See Oak Canyon Subdivision
28
Section 66
See Oak Canyon Subdivision
Section 67
See Oak Canyon Subdivision
See Rio Brazos Subdivision
Section 68
See Oak Canyon Subdivision
Section 79
See North Ridge Subdivision
Section 80
Clifford Kitten and
Clyde LP DBA C&C LP
P.O. Box 640
Post, TX 79356
See North Ridge Subdivision
Section 81
John Ward
P.O. BOX 77
Snyder, TX 79550
Section 82
John Ward
P.O. Box 77
Snyder, TX 79550
Section 94
Rodgers Ranch
P.O. Box 77
Snyder, TX 79550
Section 95
Clifford and Clyde Kitten
P.O. Box 640
Post, TX 79356
See North Ridge Subdivision
Section 96
See North Ridge Subdivision
29
Section 106
Clifford Kitten and
Clyde LP DBA C&C LP
F.O. Box 640
Post, TX 79356
Section 107
John Ward
P.O. Box 77
Snyder, TX 79550
Section 108
Carolyn E. Blakey
6628 Stichter
Dallas, TX 75230
James E. Blakey
6707 B Hartford
Lubbock, TX 79413
John C. Blakey
P.O. Box 64691
Lubbock, TX 79464
Section 109
Wilford C. and Joan Senn
Covered S. Ranch
9204 LP Fuller Ranch Rd
Snyder, TX 79549
Section 114
Carolyn E. Blakey
6628 Stichter
Dallas, TX 75230
James E. Blakey
6707 B Hartford
Lubbock, TX 79413
John C. Blakey
P.O. Box 64691
Lubbock, TX 79464
30
Section 115
Carolyn E. Blakey
6628 Stichter
Dallas, TX 75230
James E. Blakey
6707 B Hartford
Lubbock, TX 79413
John C. Blakey
P.O. Box 64691
Lubbock, TX 79464
Section 116
Walter Boren
Mildred Sentell
2612 32nd St
Snyder, TX 79549
John C. Boren
James Walter Boren
P.O. Box 115
Justiceburg, TX 79330
Mrs. Walter Boren
2612 32nd St
Snyder, TX 79549
Carolyn Boren Adams
6150 Kilamanjaro Dr
Evergreen, CO 80409
Mildred Sentell
2612 32nd St
Snyder, TX 79549
Jones D. Boren
1013 Angelo Rd
Big Spring, TX 79720
Barbara Boren Daniel Davis
2814 67th St
Lubbock, TX 79413
31
James B. Boren
5232 29th St
Lubbock, TX 79407
Section 117
J. W. Boren
P.O. Box 126
Justiceburg, TX 79330
Clyde Cash
P.O. Box 176
Justiceburg, TX 79330
Cara Cash
2442 CR 355a
Justiceburg, TX 79330
Mike Murphy
Vivian Murphy
3635 56th St.
Lubbock, TX 79413
Maritta Reed
P.O. Box 745
Post, TX 79356
Garza County
Weldon L. Reed
DBA Reed RV Park Inc
P.O. Box 745
Jack Rains
Drawer GG
Bovina, TX 79009
Section 136
Walter Boren
Mildred Sentell
2612 32nd St
Snyder, TX 79549
John C. Boren
James Walter Boren
P.O. Box 115
32
Justiceburg, TX 79330
Mrs. Walter Boren
2612 32nd St
Snyder, TX 79549
Section 137
Carolyn E. Blakey
6628 Stichter
Dallas, TX 75230
James E. Blakey
6707 B Hartford
Lubbock, TX 79413
John Clinton Blakey
P.O. Box 64691
Lubbock, TX 79464
Walter Boren
Mildred Sentell
2612 32nd St
Snyder, TX 79549
John C. Boren
James Walter Boren
P.O. Box 115
Justiceburg, TX 79330
Mrs. Walter Boren
2612 32nd St
Snyder, TX 79549
Section 138
Carolyn E. Blakey
6628 Stichter
Dallas, TX 75230
James E. Blakey
6707 B Hartford
Lubbock, TX 79413
John Clinton Blakey
P.O. Box 64691
Lubbock, TX 79464
k1k]
Non Subdivided Sections
Kent County
Section 57
Ashley & Fagan Investments
2619 College Ave
Snyder, TX 79549
Carol Kerr
2300 35th St
Snyder, TX 79549
Lubbock
See Rio Brazos Subdivision
See Oak Canyon Subdivision
Section 58
Ashley & Fagan Investments
Tim & Will Collier
3300 CR 461
Snyder, TX 79549
See Rio Brazos Subdivision
See Oak Canyon Subdivision
Section 59
Lesa & Leslie Ward
P.O. Box 77
Snyder, TX 79550
Carol Reed
P.O. Box 1363
Snyder, TX 79550
Ashley & Fagan Investments
34
North Ridge Subdivision
Garza County
Lot 1
Kitten Clifford & Clyde LP
DBA C&C LP
P.O. Box 640
Post, TX 79356
Lot 2
Timothy Gragson D & Wife
Danny Gragson & Wife
Dixie Harrington Hugh Gilmour & Wife
4206 97th Street
Lubbock, TX 79423
Lot 3
David & Carla Foster
5614 County Road 7540
Lubbock, TX 79424
Lot 4
David Powell
5707 104th St
Lubbock, TX 79424
Lot 5
Jim C. & Joy Hogan
5501 77th St
Lubbock, TX 79424
Lot 6
Norvell R. Johnson
3807 61st St
Lubbock, TX 79424
Lot 7
Allen & Wayne Schilling
5606 102nd St
Lubbock, TX 79424
Lot 8
Mamma D's LLC
7104 87th St
Lubbock, TX 79424
k&I
Lot 8A
John S. & Melissa K. Wofford
5703 83rd St
Lubbock, TX 79424
Lot 9
Lot 10
Lot 11
Milton Montgomery
5801 Frankford Ave
Lubbock, TX 79424
Krum Land & Cattle Co LLC
2211 West 2nd St
Roswell, NM 88201
Pat & Nancy Higginson
3207 96th St
Lubbock, TX 79413
Lot 11A
Jerry D. Andrus
3906 96th St
Lubbock, TX 79423
Lot 12-13
Shana L. Simms
908 West 7th
Muleshoe, TX 79347
Lot 13A
Lot 14
Lot 15
Mac Foster
Rick & Robin Foster
263 Pacific Drive
Lake Havasu City, AZ 86406
Clyde & Janet Kitten
P.O. Box 640
Post, TX 79356
Kitten Clifford and Clyde LP DBA C&C LP
P.O. Box 640
Post, TX 79356
36
Lot 16-17
Diakan Ranch LLC
12 Brentwood Circle
Lubbock, TX 79407
Lot 15-24
Kitten Clifford and Clyde LP DBA C&C LP
Lot 25-25A
Jay S. & Amy Sever
3920 75th St
Lubbock, TX 79423
Lot 26, 27
Kitten Clifford & Clyde LP DBA C&C LP
Lot 28
Joe and Sheila Flinn
8401 County Rd 6930
Lubbock, TX 79407
Lot 28A
Jerry McCabe MD
P.O. Box 813
Wolfforth, TX 79382
Lot 29
Lot 30
Lot 31
Lot 32
Drue A.D. Farmer
4104 87th St
Lubbock, TX 79423
Kitten Clifford & Clyde LP DBA C&C LP
Jim & Nina Waller
9209 N. County Rd 3300
Idalou, TX 79329
Wayne & Mary E. Schilling
16912 CR 3000
Slaton, TX 79364
37
Lot 33
Robert SR Garner & James Garner
320 N Dalpaso
Hobbs, NM 88240
Lot 34
Ricky & Doniece Lawson
1318 Pheasant Run
Dumas, TX 79029
Lot 35
Lot 36
Donnie & Carol Ansley
P.O. Box 1977
Moriarty, NM 87035
Wayne & Mary E. Schilling
16912 CR 3000
Slaton, TX 79364
Lot 37-41
Diakan Ranch LLC
12 Brentwood Circle
Lubbock, TX 79407
Lot 42
Lot 43
Lot 44
Lot 45
John L. & Marsha Norman
P.O. Box 566
Post, TX 79356
Robert C. Taylor Jr.
4608 96th St
Lubbock, TX 79424
Mark Brown
5109 82nd Street Ste. 7121
Lubbock, TX 79424
Templeton Mortgage Corp
5109 82nd Street Ste. 7121
Lubbock, TX 79424
38
Lot 46-47
Garry R. Pollock
2206 Wayne
Lubbock, TX 79407
Lot 48-51
Kitten Clifford & Clyde LP DBA C&C LP
Lot 52
Lot 53
Lot 54
Jason & Heather Sharkey
7302 82nd Street Ste 15
Lubbock, TX 79424
Charles & Sandra Giegling
4402 I08th St
Lubbock, TX 79424
Kitten Clifford & Clyde LP DBA C&C LP
Lot 55 and part of Lot 56
Lloyd R. & Cathy A. Call
3309 75th St
Lubbock, TX 79423
Lot 56-58
Diakan Ranch LLC
12 Brentwood Circle
Lubbock, TX 79407
Lot 59
Lot 60
Brian Ritter Construction
Brian Ritter
5302 County Rd 7560
Lubbock, TX 79424
Kitten Clifford & Clyde LP DBA C&C LP
Lot 61-62
James A. & Carolanne Purtell
4612 92nd St
Lubbock, TX 79424
M
Lot 63
Lot 64
Lot 65
Lot 66
Lot 67
Lot 68
Lot 69
Lot 70
Kitten Clifford & Clyde LP DBA C&C LP
Bill & Janet Hodgin
P.O. Box 151
ldalou, TX 79329
Larry B. & Neva J. Butkin
3765 Gary Brewer Rd
Snyder, TX 79549
James R. & Nancy Harman
3014 23rd St
Lubbock, TX 79410
Gary S. & Tiffany D. Hicks
650 County Rd 21
Muleshoe, TX 79347
Don & Diane Book
1407 Borger
Plainview, TX 79072
Dan & Donna Ryan
1612 Ave H
Abernathy, TX 79311
Ronald & Marian Fullerton Co -Trustee
Fullerton Family Revocable Trust
6506 13th St
Lubbock, TX 79416
Lot 71-72
James & Connie Wharton
P.O. Box 2426
Lubbock, TX 79408
40
Lot 73
Stephen & Lori Manning
9 Whisperwood Circle
Lubbock, TX 79416
Lot 74
Rick & Shelley Dykes
4305 94th St
Lubbock, TX 79423
Lot 75
Gary L. & Dana L. Dennison
5124 2nd St
Lubbock, TX 79416
Lot 76-76A
Bob W. & Valerie C. Young
6814 Rochester
Lubbock, TX 79424
Lot 77-78
Kitten Clifford & Clyde LP DBA C&C LP
Lot 79
Bob W. & Valerie C. Young
Lot 80
Mathew W. & Karen A. Howard
109 North Oakridge Ave
Lubbock, TX 79416
Lot 81-82
Kitten Clifford & Clyde LP DBA C&C LP
Lot 83
WKHDJR LC
9303 Raleigh
Lubbock, TX 79424
Lot 84
Clyde Kitten & Ron Howard
P.O. Box 640
Post, TX 79356
41
Lot 85
William & S.A. Long Bailey
17005 Butterfield Trail
Poway, CA 92064
Lot 86
Ronald Howard/RH Construction
& Clyde Kitten
P.O. Box 6223
Lubbock, TX 79493
Lot 87
Edward E. & Marilee H. Runyan
5114 Polo Club Rd
Midland, TX 79705
Lot 88
Lot 89
Lot 90
Lot 91
Lot 92
Michael V. & Terri A. Byrne
9503 York Ave
Lubbock, TX 79424
Clyde Kitten
Neville Manning
P.O. Box 640
Post, TX 79356
Jimmy D. & Lisa A. Zachry
2205 Wellington Court
Midland, TX 79705
Elmer V. & Elvira G. P. Lim
8703 Salem Ave
Lubbock, TX 79424
Terry L. & Anna Staggs
92 Sierra Vista Drive
Justiceburg, TX 79330
Lot 93-94
Diakan Ranch LLC
42
Lot 95-98
Nevill Manning.
2112 Indiana Ave
Lubbock, TX 79410
Lot 99-100
Patsy J. Day
6309 Indiana Ave Ste. B
Lubbock, TX 79413
Lot 101-108
Diakan Ranch LLC
43
Oak Canyon Subdivision
Garza County
Boat Ramp
Ashley & Fagan Investments Co Inc
2619 College Avenue
Snyder, TX 79549
Lot 1
Lot 3
Ashley & Fagan
Ashley & Fagan Investments Co Inc
Lot 4
Gregory H. Gust
5923 Duke Street
Lubbock, TX 79416
Lot 5
Wilson Bill Family LTD & Mary Lois
F.O. Box 360
Snyder, TX 79550
Lot 6
Ashley & Fagan Investments Co Inc
Lot 7
W. H. Wilson
2901 Ave U
Snyder, TX 79549
Lot S
W. H. Wilson
Lot 9
Ashley & Fagan Investments Co Inc
Lot 10
Charles R. Rawls & Robin Rawls
8305 Trenton Ave
Lubbock, TX 79424
Lot 11-13
Ashley & Fagan Investments Co Inc
44
Lot 14
Lot 32
Lot 33
Lot 34
Lot 35
Lot 36
Lot 37
Lot 38
John M. Frullo & Patti S. Frullo
4024 75th Street
Lubbock, TX 79423
Robinson Wesley and Kelly Wuthrich Elbert
and Jana Wuthrich Edwin
9600 Quaker Ave Ste #2
Lubbock, TX 79424
Ashley & Fagan Investments Co Inc
Gregg & Wendy Tidmore
2216 60th St
Howard & Marie E. Norton
4607 17th St
Lubbock, TX 79416
John W. & Nancy M. Norton
1414 Kent Street
Lubbock, TX 79403
Jason & Megan Rehwald and
Blake & Amanda Smith
6904 76th St
Lubbock, TX 79424
Jerry & Martha Johnson
2523 5th St
Canyon, TX 79015
Lot 39-41
Ashley & Fagan Investments Co Inc
Lot 42-44
Day Family Partnership LTD
4017 88th St
Lubbock, TX 79423
45
Lot 45
Lot 46
Ashley & Fagan Investments Co Inc
Michael & Sue A. Smith
P.O. Box 496
Petersburg, TX 79250
Lot 4749
Ashley & Fagan Investments Co Inc
Lot 50
Lot 51
Douglas & Belynda Carr
5826 East CR 6000
Idalou, TX 79329
Joe Thornblom
3400 Shoreline Drive Apt 916
Austin, TX 78728
Lot 52-89
Ashley & Fagan Investments Co Inc
Lot 90
Eric & Cindy Best and Hamlin J. & Amy E. Best
5106 150th St
Lubbock, TX 79424
Lot 91-95
Ashley & Fagan Investments Co Inc
46
Oak Canyon Subdivision
Kent County
Lot 7-S
W. H. III Wilson
2901 Avenue U
Snyder, TX 79549
Lot 9-11
Ashley & Fagan Investments
2619 College Avenue
Snyder, TX 79549
Lot 12
Lot 13
Lot 14
George Truesdell
2309 W. Ave B
Seminole, TX 79360
Ashley & Fagan Investment
John & Patti Frullo
4024 75th St
Lubbock, TX 79423
Mike Byrnes
(no address available)
Lot 15-17
Ashley & Fagan Investment
Lot 18
Lot 19
Lot 20
Tommie L. & Alta L. Farrell
7000 Sleepy Hollow Street
Odessa, TX 79762
Ashley & Fagan Investment
Bobby D. Wall
2343 CR 461
Snyder, TX 79549
47
Lot 21
Lot 22
Jerry D. Greene
5746 CR 475
Hermleigh, TX 79526
Danny & Paula Ford
510 FM 1730
Wilson, TX 79381
Lot 23-24
Ashley & Fagan Investment
Lot 25
Lot 26
Lot 27
Lot 28
Roger Weaver & Cathy Reed
5602 86th St
Lubbock, TX 79424
Stephanie Pafford
170 W. Borgfeld Road
Cibolo, TX 78108
Ashley & Fagan Investment
Val York
3901 Avenue O Apartment 25
Snyder, TX 79549
Lot 29-31
Ashley & Fagan Investment
Lot 32
Lot 33
Wesley & belly & Elbert &
Jana & Edwin Robinson
9600 Quaker Ave Ste 2
Lubbock, TX 79424
Ashley & Fagan Investment
48
Lot 34
Gregg & Wendy Tidmore
2216 60th St
Lubbock, TX 79412
Lot 72-81
Ashley & Fagan Investment
Lot 82
Robert M. & Susan M. Watson
5225 86th St
Lubbock, TX 79424
Lot 83-102
Ashley & Fagan. Investment
Lot 103
Michael & Betty Bredemeyer
P.O. Box 297
Levelland, TX 79336
Lot 104
Ashley & Fagan Investment
Lot 105
Bruce & Fiona Smith
2500 37th St
Snyder, TX 79549
Lot 106
Ashley & Fagan Investment
Nonnie Ward Memorial Park
Ashley & Fagan Investment
49
Lot 1-2
Vicki Best
2100 35th St
Snyder, TX 79549
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot S
Lot 9
Rio Brazos ;Subdivision
Dent County
Ashley & Fagan Investment Co. Inc.
2619 College Avenue
Snyder, TX 79549
Carol G. and/or Tom Kerr
2300 35th St
Snyder, TX 79549
James M. Merrill
P.O. Box 1069
Snyder, TX 79550
Troy D. Jr. & Brooke Botts
P.O. Box 255
Snyder, TX 79550
August H. Jr. & Cindy K. Eberle
3110 81st St
Lubbock, TX 79423
Mounir Y. & Leen M. Borno
4809 19th St Unit #2
Lubbock, TX 79407
Lawayne Fagan
9 Ashley Road
Snyder, TX 79549
all
Lot 10
Dennis McGehee
RT 2
Post, TX 79356
Lot 11
Bill R. & Kimberly Tipton
P.Q. Box 1367
Shallowater, TX 79363
Lot 12
Richard T. & Clarinda S. Wright
P.O. Box 2291
Big Spring, TX 79721
Lot 13
Robert H. Payne & Billy B. Simmons
5219 41st St
Lubbock, TX 79414
Lot 14
Russell E. Womack Inc.
P.O. Box 3967
Lubbock, TX 79452
Lot 15-16
Dennis R. Robinson
16 Ashley Road
Snyder, TX 79549
Lot 17
Lot 18
Lot 19
W.H. III Wilson
P.O. Box 828
Snyder, TX 79550
James C. Jr. & Betsy Ward
9704 York Place
Lubbock, TX 79424
Florey Properties LLC
4607 20th St
Lubbock, TX 79407
51
Lot 20
Lot 21
Joe V. & Deanna P. Jackson
6801 59th St
Lubbock, TX 79407
Sherrell D. & Judy W. Jones
2610 Newcomb
Lubbock, TX 79415
Craig A. Shires
P.O. Box 742
Lubbock, TX 79408
Bill M. & Teresa L. Dutton
5254 FM 1057
Hereford, TX 79045
Lot 22-23
John K. & Susan Applegath
1503 Lancelot Avenue
Wolfforth, TX 79382
Lot 24
Thomas R. & Lola Windisch
4608 21st St
Lubbock, TX 79407
Lot 25-26
Thomas R. Windisch
4608 21 st St
Lubbock, TX 79407
Lot 27
Lot 28
Seven W's Inc
1050 CR 350
Snyder, TX 79549
Gaylord W. & Sandra L. Carter
4306 64th St
Lubbock, TX 79413
52
Lot 29
Byron R. Duncan
4504 81 st St
Lubbock, TX 79424
Lot 30-31
Mary E. Savage
10501 Fremont Avenue
Lubbock, TX 79423
Lot 32
Larry Munk
703 South lst St
Lamesa, TX 79331
Lot 33-34
Lindsay Masso
4514 63rd St
Lubbock, TX 79414
Lot 35
Lot 36
Lot 37
Lot 38
Lot 39
Danny W. Martin
1898 FM 211
Wilson, TX 79381
Dick L. & Sharon K. Auld
5615 85th St
Lubbock, TX 79424
Richard P. & Tina P. Shoemaker
3324 North Grimes
Hobbs, NM 88240
Jodie Ashley
38 Fagan Road
Snyder, TX 79549
Joe Thomblom
3400 Shoreline Drive Apartment 9
Austin, TX 78728
Troy Teague
53
Lot 40
Jerry Hatfield
2610 42nd St
Snyder, TX 79549
Clay Goodwin
Lot 41
Lot 42
Lot 43
Lot 44
Lot 45
Lot 46
Jerry Hatfield
Hatfield Family Irrevocable Trust
2610 42nd St
Snyder, TX 79550
Jon & Larry Gandy
P.O. Box 827
Tatum, NM 88267
Tony & Nancy Barrier
1403 West Avenue J
Muleshoe, TX 79347
Cecil Mosser
2405 W. Division St
Slaton, TX 79364
David Jr. & Yvette Quintana
9906 CR 5200
Shallowater, TX
David Sr. & Margaret Quintana
1734 Avenue
Muleshoe, TX 79347
Joe & Hortensia Villanueva
491 CR 331
Olton, TX 79064
Dusty M. Harris
P.O. Box 64
Mcadoo, TX 79243
54
Lot 47
Lot 48
Lot 49
Lot 50
Lot 51
Connie Weber
3804 Avenue V
Snyder, TX 79549
Rick & Mary Smith
5205 North Midland Drive
Midland, TX 79707
Brad & Kathy Salley
8509 County Rd 6920
Lubbock, TX 79407
Neidre N. Beckner
2511 22nd St
Lubbock, TX 79410
P&L LTD Partnership
4610 20th St
Lubbock, TX 79407
Ernesto & Diana R. Adames
3928 North Greenberry Avenue
Covina, CA 91722
Lot 52-53
Rio Brazos Estate Homeowners Assoc. Inc
9 Ashley Rd
Snyder, TX 79549
Lot 54
Lot 55
Dennis & Patty Rowe
5601 84th St
Lubbock, TX 79424
Michael G. & Lori S. Dawson
P.O. Box 6338
Lubbock, TX 79413
55
Lot 56-57
Robert B. & Kelly McGinnis
618 CR 210
Norton, TX 76865
Lot 58
Gary & Mary Solesbee
3102 77th St
Lubbock, TX 79423
Lot 59-60
Ashley & Fagan Investment Co. Inc.
Lot 61
Lot 62
Michael A. & Wendy Taylor
2644 Rice Avenue
San Angelo, TX 76904
James Huggins
P.Q. Box 451
Alto, NM 88312
Lot 63-64
Jeffrey Hodges
4620 Maple Shade
Sachse, TX 75048
IV
Lot 36
Dick L. & Sharon Auld
5615 85th Street
Lubbock, TX 79424
Lot 37
Lot 38
Lot 39
Lot 40
Lot 41
Lot 42
Rio Brazos Subdivision
Garza County
Richard P. & Tina P. Shoemaker
3324 Grimes
Hobbs, NM 88240
Lyndell J. Ashley
38 Fagan Road
Snyder, TX 79350
Troy L. & Tammie L. Teague
7805 Rolling Meadows Street
Hobbs, NM 88242
Jerry W. Hatfield
2610 42nd St
Snyder, TX 79549
Jerry Hatfield Trustee
Hatfield Family Irrevocable Trust
2610 42nd Street
Snyder, TX 79549
Jon & Larry Gandy
Gandy Corp. Accounting Offices
P.O. Box 2140
Lovington, NM 88260
Richard/LAH Owners 041008
57
EXHIBIT "B"
to the
Compromise Settlement Agreement
ORDINANCE NO.
CONSIDER AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING SECTIONS 2-
570 THROUGH 2-585, INCLUSIVE, ESTABLISHING THE LAKE ALAN HENRY
BOARD OF APPEALS ("BOARD"); PROVIDING FOR THE APPOINTMENT,
QUALIFICATIONS, TERMS, VACANCIES, AND REMOVAL OF THE MEMBERS
OF THE BOARD; PROVIDING FOR THE PROCEDURES FOR, AND APPEALS
FROM, THE BOARD; PROVIDING AND ADOPTING REGULATIONS FOR LAKE
ALAN HENRY AND EASEMENTS IN FAVOR OF THE CITY OF LUBBOCK,
TEXAS ADJOINING LAKE ALAN HENRY (EASEMENTS") REGARDING
STRUCTURES AND FACILITIES AND EROSION CONTROL; PROVIDING FOR
LEGAL NONCONFORMING STATUS OF CERTAIN STRUCTURES AND
FACILITIES WITHIN THE EASEMENTS UPON THE CONDITIONS PRESCRIBED;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock deems it to be in the best
interest of the health, safety and welfare of the citizens of Lubbock and the residents and
users of Lake Alan Henry to establish a Lake Alan Henry Appeals Board to review
requests for construction within the Lake or any easements on or above the Lake owned
or in favor of the City of Lubbock; and
WHEREAS, Section 341.903, Local Government Code and Section 1.07(g) of
Senate Bill No. 1941, Regular Session 78th Legislature (2003) enables the City of
Lubbock to establish rules and regulations regarding development pursuant to its police
powers over the Lake or any easements on or above the Lake owned or in favor of the
City of Lubbock;
WHEREAS, rules and regulations regarding the type of structures, facilities and
uses that may occur or be completed within the Restrictive Easement and Flood
Easement are deemed by the City Council to benefit the citizens of the City of Lubbock
in enforcing the City's rights within the Restrictive Easement and Flood Easement to
preserve the Lake as a viable water supply for the citizens of the City of Lubbock and to
reduce fixture disputes and litigation; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby
amended by adding a new Article XII to Chapter 2, which said Article reads as follows:
Sec. 2-570. Definitions.
58
"Board" for purposes of this article shall mean the Lake Alan Henry
Appeals Board.
"City" means the City of Lubbock, Texas.
"Conveyancing Instruments" shall mean the instruments or documents to
which the City was conveyed the Lake, the Flood Easement and/or the Restrictive
Easement, including without limitation, the conveyancing documents executed
and delivered to the City pursuant to the Memorandum.
"Flood Easement" means, except as is located in Section 20, Block 6, H.
& G.N. R.R. Co. Survey, Garza County, Texas ("Section 20"), that area
surrounding the lake from elevation 2220 feet above mean sea level to elevation
2245 feet above mean sea Ievel, as said area is depicted by survey contained in the
Conveyancing Instruments. The Flood Easement, as located in Section 20, shall
be from elevation 2220 feet above mean sea level to elevation 2250 feet above
mean sea level, as said area is depicted by survey in the proceedings in Cause No.
4743, 106th District Court, Garza County, Texas.
"Lake " for purposes of this article shall mean Lake Alan Henry, and all
lands below elevation 2220 feet above mean sea level, as depicted by survey
contained in Conveyancing Instruments.
"Memorandum" means that certain Memorandum of Agreement, dated
April 3, 1986, by and between the city and Mr. and Mrs. Billy Wayne Williams,
et al.
"Permittee " means any person, party or entity receiving a permit from the
city for any activity contemplated by this Ordinance.
"Restrictive Easement" means that area surrounding the lake between
elevation 2245 feet above mean sea level and 300 feet horizontal distance from
elevation 2220 feet above mean sea level, as said 2220 feet above mean sea level
elevation is surveyed in the Flood Easement, if the 300 feet horizontal distance
contains a larger area of land than is contained between elevations 2220 feet and
2245 feet above mean sea level.
".Structure" or "Facility" means any structure, installation, infrastructure
or improvement of any kind or type, whether temporary or permanent; however,
pens, gates, fences for livestock enclosure, and cattle guards are specifically and
solely excepted from such definition.
Sec. 2-571. Declaration of Policy.
59
The primary purpose of Lake Alan Henry is to provide a potable municipal water
supply for the City of Lubbock, Texas, and other users of the Lake or the
easements owned by the City of Lubbock on or above the Lake shall not limit or
interfere with the use and enjoyment of the Lake for its primary purpose by the
City of Lubbock. This Ordinance is intended to protect the Lake from any use
which would contaminate or otherwise damage the quality of the Lake as a
potable municipal water supply, and to prescribe certain activities within the
Lake, Flood Easement and Restrictive Easement that are consistent with such
purpose and policy.
Sec. 2-572. Adoption of Regulations.
Pursuant to the City's police power, the (i) Regulations for New Construction or
Variance at Lake Alan Henry; and (ii) Lake Alan Henry Erosion Control Plan
(collectively, the "Regulations") attached to this Ordinance as Exhibit A and
Exhibit B are hereby approved and adopted and made a part of this Ordinance as
if copied herein in detail. A Copy of such Regulations shall be maintained by the
City for use by the public at Lake Alan Henry; the office of the City Secretary and
also at the Planning Department.
See. 2-573. Creation of Board; Purpose.
There is hereby created and established a board to be known as the Lake Alan
Henry Appeals Board. The purpose of the Board shall be to review applications
for permits for new construction or requests for variances to existing construction
Regulations within (i) the Restrictive Easement, as to matters set forth in the
Regulations for New Construction or Variance; (ii) the Flood Easement and
Restrictive Easement, as to matters set forth in the Lake Alan Henry Erosion
Control Plan; and (iii) the Lake, as solely concerns platforms. Such applications
shall be subject to regulations as are hereby adopted by the City of Lubbock for
Lake Alan Henry and any easements on or above the Lake owned by the City of
Lubbock. Variances to the Regulations that will not limit or interfere with the
Lake's water quality or the suitability of the Lake for use as a potable municipal
water supply, except to the extent as may be limited or interfered with by the
prescribed activities that may be permitted by this ordinance without variance,
may be approved by the Board.
Sec. 2-574. Members, qualifications, tenure.
The board shall be composed of seven (7) members, who shall be appointed by
the City Council. Appointments shall be for a term of two (2) years or the
remainder of an unexpired term. Initial appointments shall be staggered with
three (3) members receiving one (1) year initial terms as determined by the
drawing of lots. At least four (4) members appointed shall be resident citizens of
Lubbock at the time of their appointment and during their term of office. Four
members shall be property owners at Lake Alan Henry at the time of their
C11]
appointment and during their term of office. In addition to the above board
members, the director of water utilities (or designee) shall be an ex officio
member of the board without a vote.
Sec. 2-575. Removal.
Members of the board shall be subject to the City of Lubbock's Board and
Commission Policy (Policy 8.1), as amended, with regard to replacement of
members. The City Council shall be vested with full authority to remove all or
any of the members of the board in the best interests of the City or members who
may be found by the City Council to be in violation of City's Board and
Commission policy.
Sec. 2-576. Vacancies.
Upon the death, resignation, removal or disqualification of any members of the
board, the City Council shall appoint a person, consistent with eligibility,
residency and ownership criteria prescribed by Section 2-574 to fill such vacancy
who shall hold his membership on the board for the unexpired term to which he is
appointed or until his successor is appointed. In the event of expiration of the
term of office of any member of the board, the newly appointed member shall
serve the full term of two (2) years.
Sec. 2-577. Officers; conduct of meetings; quorum.
(a) The board by majority vote shall annually during the month of
December elect from among its members a chairman who shall preside over the
meetings of the board and a vice-chairman who shall act for the chairman during
his absence. The chairman shall not be eligible to succeed himself for more than
one term.
(b) The board shall adopt rules for the conduct of its meetings. The
regularly scheduled meeting day and location shall be as established by the board.
(c) No action shall be taken by the board except by the affirmative
vote of at least four (4) members, which shall constitute a quorum of the board.
Sec. 2-578. Personnel.
No provision of this article shall be construed as delegating any authority to the
board over any personnel or personnel policies and regulations.
Sec. 2-579. Duties; Hearing.
The Board shall review (i) applications for new construction, including without
limitation, platforms; (ii) applications filed pursuant to the Lake Alan Henry
61
Erosion Control Plan, and (iii) variances from the Regulations filed in writing
with the City Planning Department. The Board shall prescribe the materials and
documents to be submitted with the permit application to include, without
limitation, 2 sets of site plans, plan and profile views of the proposed structure or
facility or work, and any materials or documents required by the Lake Alan Henry
Erosion Control Plan. The Board shall conduct a preliminary review of the
application. If the Board approves the application, then the Board shall issue a
permit for the construction to commence immediately, subject to the right of
appeal, as set forth in Section 2-580. If the Board determines that the application
should be restricted, modified or denied, then the applicant may request a hearing
before the Board, which request shall be shall be made in writing within ten (10)
calendar days of the Board's preliminary determination. The Board shall conduct
such hearing within ten (10) calendar days after receipt of the written request for a
hearing.
Sec. 2-580. Appeals.
An applicant aggrieved by the final decision of the Board may appeal the decision
to the City Council of the City of Lubbock. In addition, the ex officio Board
member or designee may appeal any decision of the Board, favorable or
unfavorable to the applicant, to the City Council in the event that the ex officio
Board member or designee determines that the decision of the Board is (i) in
contravention to the terms of this ordinance, and/or (ii) a variance to the terms of
this ordinance and the granting of said variance is detrimental to the Lake's water
quality or the use of the Lake as a potable municipal water supply. In the event of
an appeal, the Board shall make a written recommendation on the application to
the City Council. The City Council shall hear the appeal in the same manner as an
appeal from the City Planning Commission.
Sec. 2-581. Compliance Procedure.
Upon issuance of a permit by authority of the Board or by appeal to the City
Council, an owner may proceed to complete the requested construction. The City
or its designated agent may inspect the project during construction and/or after
completion to assure compliance with the permit, Regulations and/or any special
conditions imposed by the Board or City Council. If the project is in compliance,
the City shall issue a certificate of compliance to the property owner. If it is found
not to be in compliance, the City shall advise the owner of the deficiencies and
shall give the owner thirty (30) days to correct the deficiencies to the satisfaction
of the City.
Sec. 2-582. Records.
The City shall maintain written records of all applications for new construction,
minutes of the meetings of the Board, decision of the Board on all applications for
62
new construction and, if applicable, appeals, appeal recommendations by the
Board to the City Council and decisions of the City Council on appeals.
Sec. 2-583. Nonconforming Structures and Facilities.
The use of land within the Flood Easement and/or Restrictive Easement
containing a structure or facility existing at the time of the enactment of this
ordinance, if desired by the owner of the land at issue, may be continued although
such use does not conform with the provisions of this ordinance, so long as the
owner of such land (i) is a party to that certain Compromise Settlement
Agreement, incorporated in that certain Order, or otherwise bound by the certain
Order, entered in Cause No. 07-05-06194, North Ridge Homeowners Association,
et al., v. City of Lubbock; and (ii) files with the Director of 'Water Utilities, on or
before September 1, 2008, a clear and unambiguous statement describing the
structures or facilities, and the location of same.
A nonconforming structure or facility which is damaged or partially destroyed by
fire, flood, wind, explosion, earthquake or other calamity or act of God, shall not
be restored or used for such purpose if the expense of such restoration exceeds
seventy-five (75) per cent of the replacement cost of the structure or facility at the
time such damage occurred. Any nonconforming structure or facility partially
destroyed, as described above, may be restored provided restoration is started
within twelve (12) months of the date of partial destruction and is diligently
prosecuted to completion.
A nonconforming structure or facility shall not be added to, expanded or extended
in any way, manner or form, nor changed except to a structure or facility
conforming to the terms of this ordinance and complying with all permit
application requirements. If such nonconforming structure or facility or portion
thereof is changed to a structure or facility conforming to the terms of this
ordinance, any future use of such land shall be in conformity with this ordinance.
A nonconforming structure or facility which has been abandoned shall not
thereafter be returned to such nonconforming structure or facility. A
nonconforming structure or facility shall be considered abandoned:
(1) When the intention of the owner to discontinue the use of the structure
or facility is apparent, or,
(2) When the structure or facility has been removed from the premises, or,
(3) When the structure or facility has been replaced by a conforming
structure or facility.
63
Land containing a nonconforming structure or facility that has been deemed legal
by this ordinance, so long as there are no other violations occurring on such land,
shall be deemed for all purposes to be in compliance with this ordinance.
Sec. 2-584. Applications While Violations are Occurring
No permit shall be granted to any applicant if any violation of this ordinance by
the applicant, or on any land owned by the applicant, shall be occurring at the
time of the application or while said application shall be pending.
Sec. 2-585. Prohibition on Structures and Facilities
The following activities, actions or events shall be deemed a violation of the
ordinance:
(i) any construction or other regulated activities performed in the Flood
Easement, Restrictive Easement or Lake, including without limitation,
installation, operation or maintenance of a platform, without (i) a valid permit as
prescribed by Section 2-579; and/or (ii) certificate of compliance as prescribed by
Section 2-581, each as issued by the city in accordance with the terms of this
ordinance.
(ii) any construction or maintenance of any structure or facility, or
permitting any structure or facility to remain, upon or within the Flood
Easement or Lake, expressly excepting (i) pathways and (ii) platforms,
permitted in accordance with the terms and this ordinance;
(iii) any activities of any kind within the Lake, Flood Easement and/or
Restrictive Easement not in strict compliance with the Lake Alan Henry Erosion
Control Plan;
(iv) any of the following activities within the Lake:
a.) lot or vegetation clearing;
b.) tree or vegetation removal;
c.) disturbing of the surface or subsurface of the soil; or
d.) drainage or dredging activities.
(v) the violation of any term or provision of this ordinance.
Sec. 2-586. Mineral Exploration and Production Activities.
Activities related to the exploration and production of oil, gas and other minerals,
including without limitation, those activities and rights reserved in (i) that certain
Restrictive Easement and flood Easement, dated December 19, 1990, and
recorded in Volume 194, Page 313, Real Property Records, Garza County, Texas;
and (ii) General Warranty Deed, dated December 19, 1990, and recorded in
64
Volume 194, Page 269, Real Property Records, Garza County, Texas, as said
rights are modified or superseded by that certain Subordination Agreement and
Release, dated May 13, 1996, and recorded in Volume 230, Page 41, Real
Property Records, Garza County, Texas, are expressly excluded from the
operation and effect of this Ordinance.
SECTION 2. THAT violation of any provision of this Ordinance shall be deemed
a misdemeanor punishable by a fine not to exceed the maximum fine provided by Section
1-4 of the City Code of Ordinances. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be punishable as such hereunder.
SECTION 3. THAT should any paragraph, section, sentence, phrase, clause or
word of this Ordinance be declared unconstitutional or invalid for any reason, the
remainder of this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption of this Ordinance as an alternative method of
publication provided by law.
Passed by the City Council on first reading this day of , 2008.
Passed by the City Council on second reading this day of 92008.
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
DAVID A. MILLER, MAYOR
Thomas Adams
Deputy City Manager/Director of Water Utilities
C'S9
APPROVED AS TO FORM;
Anita Burgess, City Attorney
R ichard/LAH-AppealsBoardOrd.doc
December 26, 2007
I-1
EXHIBIT A
LAKE ALAN HENRY
REGULATIONS FOR NEW CONSTRUCTION
In order to preserve or protect Lake Alan Henry from uses which would
contaminate or otherwise limit or interfere with the use of the Lake as a potable
municipal water supply, all construction in or on Lake Alan Henry or on the easements
owned by the City of Lubbock shall conform to the following regulations. Unless
specifically provided otherwise herein, all activities relating to structures or facilities are
prohibited in the Lake, Restrictive Easement and Flood Easement.
Permits for new construction must be applied for at the Planning Department of
the City of Lubbock, Texas, along with the applicable application fee in an amount
Proportional to the estimated costs and expenses to be incurred by the City, as to be
determined at least annually by the City Manager, or her designee, and will be reviewed
by the Lake Alan Henry Appeals Board. These Regulations may be reviewed and revised
from time to time by the City Council of the City of Lubbock upon request of City staff
or the Lake Alan Henry Appeals Board.
Variances to this ordinance, including the activities prescribed or prohibited by
the exhibits attached hereto, that will not degrade the primary purpose of the Lake as a
potable municipal water supply to an extent greater than as may be caused by the
prescribed activities that may be permitted by this ordinance without variance may be
granted by the Lake Alan Henry Appeals Board, subject to appeal to the City Council.
Community Boat Dock
a) A development company or other legal entity owning 100 or more platted lots,
as filed of record in the Real Property Records of Garza and/or Kent Counties in Texas,
as applicable, may apply for a "community boat dock" permit. The fee for a community
boat dock shall be $125 per lot owned by any party or person other than the party
development company or entity, payable by development company or entity in advance
on the first day of each calendar year subject to annual revision as provided herein. The
payment for the first year of installation shall be prorated, based upon the date of permit
issuance. Such annual fee shall be increased annually by a sum equal to the annual fee
that would be due for such year multiplied by the percentage increase in the consumer
price index, as published by the Bureau of Labor statistics of the United States
Department of Labor, that averages the changes in prices of goods and services purchased
by urban wage earners and clerical workers families and single workers living alone. It is
expressly agreed that the development company or entity described herein may assign or
convey the Community Boat Dock to the applicable homeowner's association without the
consent of the City so long as (i) the City is provided notice of such assignment on or
before ten (10) calendar days after the effective date of such assignment; and (ii) the
applicable homeowner's association expressly assumes all obligations hereunder related
67
to the Community Boat Dock, including without limitation, the obligation to make
payments due to City hereunder.
b) Community boat docks shall not be located as to interfere with or obstruct
access to permitted facilities situated in front of, or traffic to and from, neighboring
properties.
c) Community boat docks shall be limited to the lesser of: (i) one (1) boat slip per
10 platted Iots; (ii) five (5) total slips; or (iii) a total capacity of twelve (12) boats.
d) Community boat docks shall not be located in narrow sections of the Lake such
that interference with navigation on the Lake will occur. Specific locations may be
restricted due to proximity to the main channel or flow of water traffic and/or other safety
related considerations in which event a variance from the standard community boat dock
measurements and locations may be requested.
e) Community boat docks must be constructed of materials approved by the City
of Lubbock being substantially similar to the City's boat dock materials. Without
limiting the foregoing, the Owner is responsible for assuring that the community boat
dock construction and maintenance conforms to the following criteria:
(i) materials used for structural support or hardware shall be metal, plastic or
composite. Any metal utilized must be galvanized, stainless steel or aluminum;
(ii) all flotation shall be of materials which will not become waterlogged (i.e., not
over 1 "/2 percent by volume according to standards of the American Society for
Testing and Materials [ASTM]), is resistant to damage by animals, and will not
sink or contaminate water if punctured;
(iii) metal covered or injected drum flotation is prohibited;
(iv) foam bead flotation with a density of one pound per cubic foot, but otherwise
not meeting the prescribed criteria, is authorized if it is encased in an approved
protective coating which enables it to meet the above specifications. An approved
protective coating is defined as being warranted by the manufacturer for a period
of at least eight years against cracking, peeling, sloughing, and deterioration from
ultra violet rays, while retaining its resiliency against ice and bumps by
watercraft;
(v) in the event floats become punctured, or otherwise expose the foam to erosion
or deterioration, such floats shall be replaced immediately;
(vi) community boat docks shall be designed to float according to the fluctuating
level of the Lake;
68
(vii) the distance from the water level to the top of the community boat dock shall
not exceed twenty-four inches;
(viii) decking of the community boat dock shall be either non -slip metal, concrete
or a synthetic wood and plastic product;
(ix) carpeting and lumber are prohibited on the community boat dock;
(x) submerged anchorage systems are to be installed that shall securely moor the
community boat dock and trees, boulders or other natural features shall not be
used as anchors;
(xi) cables utilized to moor the community boat docks must be galvanized,
stainless steel or aluminum and shall not obstruct the shoreline or otherwise create
a safety hazard;
(xii) anchor design shall be in accordance with sound engineering practice, with
submerged anchors being positioned to accommodate low water levels and so as
not to present a navigational hazard;
(xiii) anchor cables shall be placed in vertical pipes that extend downward from
the community boat dock floor into the water to prevent tripping and watercraft
hazards, said anchor cables to be concrete with a pin attached with chaffing
protection required; and
(xiv) community boat dock walkways connecting the bank and the community
boat dock shall be perpendicular to the shoreline and shall be connected at the
shoreline using either a concrete pad no larger than ten square feet or two metal
posts at each side of the walkway.
f) No permanent fixtures shall be placed on community boat docks except for boat
tie -offs, swim ladders and protective boat guards or floats. No lights shall be permitted
except for a maximum of four (4) solar lights per slip, with a maximum height of 30
inches, to be spaced evenly at least twenty feet (20') from the next closest light.
g) Except as provided herein, no overnight retention of tents, umbrellas,
accessories, buoys, or any other personal property items will be permitted. Overnight
retention of boats and jet skis shall be limited to three consecutive calendar days.
h) Safety reflectors shall be required on community boat docks on all sides
thereof, at intervals of no greater than 20 feet.
Metal Stairways or Stens
Metal stairways or steps are generally prohibited, subject to variance by the Board
under suitable circumstances.
Pathways
Pathways shall be paved with construction materials, in earth tone color, approved
by the City and consistent with topography, native soil, and stone. Asphalt shall not be
utilized, in whole or in part, for or in the pathway.
Total width permitted: 10 feet
Total paved surface permitted: 6 feet
Disturbed area on either side: 2 feet
A single pathway, constructed in accordance with the terms herein, may be
located from the boundary line of the Restrictive Easement across the Flood Easement to
the access way or walkway of the Platform at the boundary of the Lake located at 2220
feet above mean sea level, as surveyed in the Conveyancing Instruments.
Patios
a) Patios shall not exceed 800 square feet total.
b) Patios must be located above the Flood Easement.
c) Maximum vertical height of any permanent fixture, appliance or wall shall not
exceed 42 inches.
d) No electricity, plumbing or other utility shall be permitted in the Lake, and/or
Flood Easement. Low voltage (<30 volts) lights with buried conduit and a maximum
fixture height of 30 inches may be installed and maintained in the Restrictive Easement
only.
e) Only one patio per lot shall be permitted.
f) Electricity and water service to the patio shall be buried conduit and shall
solely serve the patio. The route of the electricity and/or water conduit shall be as direct
a course through the Restrictive Easement to the patio as is reasonably practicable, such
route being depicted in the permit application. The electricity and/or water conduit shall
be buried to a depth sufficient so as not to create a safety hazard.
g) One Patio Shade shall be permitted on the patio, if and only if, constructed as
follows:
(1) Foundation shall be constructed as follows:
(i) 4 inch thick concrete slab, containing 6 inch by 6 inch - 10
gauge wire remesh;
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(ii) Each side of the foundation shall contain a pier running along
the entire length of each side of the foundation, at least 12 inches
in depth and 12 inches deep, and containing at least two (2) lengths
of 1/2" rebar steel;
(iii) The piers for the posts shall be located on each of the 4
corners of the foundation slab and shall be comprised of concrete,
at least 30 inches in depth, and 18 inches in width;
(iv) 6 inch by 6 inch steel or cedar posts shall be anchored within
each of the four 4 corner piers at least 28 inches in depth, and
(v) The piers shall be located on each of the four corners on the
foundation slab.
(2) Material: (i) Cedar or steel 6" X 6" posts. Steel posts must be
schedule 40 wall thickness. if steel posts are used in framing, they must
be painted to match roof color. All cedar construction must be stained
brown; and (ii) rafters, beams, bracing & decking must be cedar
construction.
(3) Roof: Brown standing -scam metal roof -26 gauge minimum.
(4) Height: 8 ft. to bottom of beam with maximum height to roof peak 12
ft.
(5) Size: 15'X 15' maximum width outside posts with 16" overhang.
(6) The patio shade shall be and remain open, unobstructed and
unenclosed in any way from the surface of the foundation to the roof.
h) In lieu of a Patio Shade, one arbor shall be permitted on the patio, if and only
if, constructed as follows:
(1) Arbor shall be constructed identically to that as the Patio Shade,
(subparagraph (g)), excepting the roof shall be constructed of cedar wood
lattice, brown in color, 2" x 2" in size.
i) Umbrellas, canopies, tents or other fabric, plastic or cloth devices of any kind
designed to deflect or shade sunshine and/or to repel precipitation are expressly
prohibited.
i) No structure or facility may be located in the Flood Easement.
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Platforms
a) Platforms shall float on the water with the longest portion of the platform being
horizontal to the shore line and shall not extend into the Lake a distance greater than 16
feet from the shoreline of the water, it being understood that the level of the water will
fluctuate, and shall be identified by reflective sign at least four inches in height, depicting
the applicable lot number or other identification of the lot or property to which said
platform is attached.
b) Platforms shall not be located as to interfere with or obstruct access to
permitted facilities situated in front of, or traffic to and from, neighboring properties.
c) Platforms shall not be located closer than ten feet to a property line, as such
line is extended into the Lake.
d) Owners must own at least 100 feet of water frontage to be allowed a permit for
a platform. Owners of adjoining property may apply for a joint platform permit in the
event ownership of a single tract of land does not meet the frontage requirement herein.
e) Platforms shall not be located in narrow sections of the Lake such that
interference with navigation on the Lake will occur. Specific locations may be restricted
due to proximity to the main channel or flow of water traffic and/or other safety related
considerations in which event a variance from the standard platform measurements and
locations may be requested.
f) The fee for a platform permit shall be $1,000 per year, payable in advance on
the first day of each calendar year, subject to annual revision as provided herein. The
payment for the first year of installation shall be prorated based upon the date of permit
issuance. Such annual fee shall be increased annually by a sum equal to the annual fee
that would be due for such year multiplied by the percentage increase in the consumer
price index, as published by the Bureau of Labor Statistics of the United 'States
Department of Labor, that averages the changes in prices of goods and services purchased
by urban wage earners and clerical workers families and single workers living alone.
g) Platforms must be constructed of materials approved by the City of Lubbock
being substantially similar to the City's boat dock materials. Without limiting the
foregoing, the Owner is responsible for assuring that the platform construction and
maintenance conforms to the following criteria:
(i) materials used for joist and studding shall be metal and all hardware must
be galvanized or stainless steel or aluminum,
(ii) all flotation shall be of materials which will not become waterlogged (i.e., not
over 1'/z percent by volume according to standards of the American Society for
Testing and Materials [ASTM]), is resistant to damage by animals, and will not
sink or contaminate water if punctured;
72
(iii) metal covered or injected drum flotation is prohibited;
(iv) foam bead flotation with a density of one pound per cubic foot, but otherwise
not meeting the prescribed criteria, is authorized if it is encased in an approved
protective coating which enables it to meet the above specifications. An approved
protective coating is defined as being warranted by the manufacturer for a period
of at least eight years against cracking, peeling, sloughing, and deterioration from
ultra violet rays, while retaining its resiliency against ice and bumps by
watercraft;
(v) in the event floats become punctured, or otherwise expose the foam to erosion
or deterioration, such floats shall be replaced immediately;
(vi) platforms shall be designed to float according to the fluctuating level of the
Lake;
(vii) the distance from the water level to the top of the platform shall not exceed
twenty-four inches;
(viii) decking of the platform shall be either non -slip metal, concrete or a
synthetic wood and plastic product, with metal being primarily be used for
support functions;
(ix) carpeting and lumber are prohibited on the platform;
(x) submerged anchorage systems are to be installed that shall securely moor the
platform. Trees, boulders or other natural features shall not be used as
anchors;
(xi) cables utilized to moor the platforms must be galvanized, stainless steel or
aluminum and shall not obstruct the shoreline or otherwise create a safety hazard;
(xii) anchor design shall be in accordance with sound engineering practice, with
submerged anchors being positioned to accommodate low water levels and so as
not to present a navigational hazard;
(xiii) anchor cables shall be placed in vertical pipes that extend downward from
the platform floor into the water to prevent tripping and watercraft hazards, said
anchor cables to be concrete with a pin attached with chaffing protection required
or when vertical pipes are not feasible, bracing that ties into lands located above
the Lake and within the Flood Easement may be employed;
(xiv) platform walkways connecting the bank and the platform shall be
perpendicular to the shoreline and shall be connected at the shoreline using either
a concrete pad no larger than ten square feet or two metal posts at each side of the
walkway.
h) The surface area of the Platform, excluding the area of any walkway or access
way extending from the shoreline of the water and/or the boundary of the Lake located at
2220 feet above mean sea level, as surveyed in the Conveyancing Instruments, to the
Platform, shall not exceed a maximum size of 25 feet by 6 feet 6 inches. The walkway or
access way may not be less than 4 feet wide and shall not exceed a width of six feet and
shall be constructed and maintained as provided herein.
i) No permanent fixtures shall be placed on platforms except for boat tie -offs,
swim ladders and protective boat guards or floats. No lights shall be permitted except for
a maximum of ten (10) solar lights with a maximum height of 30 inches.
j) Except as provided herein, no overnight retention of tents, umbrellas,
accessories, buoys, or any other personal property items will be permitted. Overnight
retention of boats and jet skis shall be Iimited to three consecutive calendar days.
k) Safety reflectors shall be required on all platforms on all sides thereof, at
intervals of no greater than 20 feet.
1) A maximum of one platform shall be permitted per lot.
74
Boat Ramps
a) Except as otherwise provided below, boat ramps are expressly prohibited.
Notwithstanding the above, boat ramps shall be allowed on certain lands as previously
provided, and in accordance with the terms of, the Memorandum and/or Conveyancing
Instruments.
Construction Requirements
a) The Regulations are enacted to improve the safe construction, operation and
maintenance of all construction and other regulated activities within Restrictive Easement
and Flood Easement and, insofar as concerns platforms, the Lake, and to promote public
health, safety and welfare. Below is a list of national codes that are hereby adopted as the
minimum standards for construction and maintenance of structures and facilities, if
applicable. It is the permittee's responsibility to ensure:
1. work is completed by licensed professionals who certify that structures and
facilities meet all codes (national, state, and local) as applicable, and the
Regulations.
2. on-going work is inspected by a licensed inspector, at the permittee's expense,
who certifies that structures and facilities meet all codes (national, state, and
local) that apply to subject activity, and the Regulations.
3. All activities conform or comply with all federal, state and local rules, statutes,
regulations, orders and ordinances that may apply to any activity contemplated
herein.
IRichard\LAHRegulation4constructionl ExhibitXdoc
December 26, 2007
Vibi
Resolution No. 2008—RO161
Exhibit B
Erosion Control Plan
For Lake Alan Henry
76
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Section l Introduction
Lake Alan Henry, City of Lubbock's second surface water supply source, has a
permanent Flood Easement and Restrictive Easement surrounding the reservoir. These
easements serve as a buffer to the Lake and also serve as a filter to minimize sediment
being transported into the Lake, said easements being shown in Figures 1 and 2.
The natural vegetation found in the easement area provides the ground cover necessary to
help to slow down the velocity of the water runoff from a rain fall event and eventually
some of the sediments will settle within the easement area. The sediment usually consists
of top soil, silt and small rocks. The principle cause of sediment transport is the natural
process of erosion. Erosion is usually the result of the action of wind, water, and ice
loosening and removing the soil and rock from its original condition.
More than usual, erosion on an area that has been disturbed by grading, clearing or
otherwise will be greatly accelerated unless there has been some restoration effort to the
original state of the land as part of the construction activities.
The City of Lubbock has defined soil erosion control as the measures that are used to
reduce the amount of soil particles that are carried off of a land area and deposited in the
receiving water. This is found in the Drainage Criteria Manual as adopted in Ordinance
No. 10422, October 23, 1997, incorporated herein by reference.
Section 2 Flood and Restrictive Easement Area
There are two permanent easement areas for Lake Alan Henry, the Flood Easement and
the Restrictive Easement (collectively, the "Easement Area"). Figure 1 shows the
delineation of the areas described.
These areas were delineated during the original design of Lake Alan Henry Reservoir as a
minimum area to protect the quality of compounded water of the reservoir and also to
maintain the design life of the reservoir from siltation process.
Figure 3 roughly depicts the ground contour for elevations of 2220 and 2245 feet above
mean sea level.
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Section 3 Purpose
The goals for the implementation of this erosion control plan for the Lake Alan Henry
Easement Area are as follows:
➢ An attempt to be a pro -active to maintain the integrity of the quality of the
impounded water as a water supply source to the City of Lubbock.
➢ Minimize the siltation from sediment transported in to the reservoir. This will
help to preserve the capacity and the life of the reservoir. The reduction of
siltation also reduces the amount of monies that have to be spent to dredge the
build up of siltation in the reservoir to maintain the design capacity of the
reservoir.
➢ Reduce non -point sources of pollution of sediment transport resulting from land
development activities.
Suitable restorative efforts shall be required to the disturbed area from construction or
other regulated activities in order to, replicate as near as practicable, the effectiveness
against erosion of the natural vegetation as found in the easement area. Some of the
suggested Best Management Practices can be found in Section 5.
Section 7 outlines the permitting process that shall be followed for all construction and
other activities within the Easement Area to minimize erosion.
Section 4- Relevant Regulations and Restrictions
Several federal, state and local statutes, rules, orders, regulations and ordinances, in
addition to the Regulations, may govern or apply to construction and other regulated
activities in the Easement Area (the "Applicable Law"). It is the responsibility of the
permittee to conform to the Regulations and the Applicable Law, including without
limitation, the matters set forth below:
A. all applicable Federal Laws, Codes and Statutes; including, but not limited to, the
Americans with Disabilities Act, Clean Water Act, Clean Air Act, National
Environmental Policy Act and Endangered Species Act.
B. all applicable State Laws, Codes and Statutes, including, but not limited to; the Water
Code, the Health and Safety Code and Parks and Wildlife Code, Transportation Code and
Administrative Code.
C. Regulations Promulgated by the following agencies:
United States Environmental Protection Agency (EPA)
➢ United States Fish and Wildlife Service FWS)
➢ Texas Parks and Wildlife Department (TPWD)
➢ Texas Water Development Board (TWDB)
➢ US Army Corp of Engineers (COE)
➢ Texas Commission of Environmental Quality (TCEQ)
83
It is also the responsibility of the permittee to comply with the latest Environmental
Protection Agency's Storm Water Phase 1 and Phase 2 regulations. The permit applicant
shall submit in the permit application process all relevant forms and documentation as
required by the Applicable Law.
Section 5 - Best Management Practices
It is the permittee's responsibility to retain a Registered Professional Engineer or other
person or party duly licensed and qualified to perform activities, inspections and prepare
plans related to design the erosion control and restorative efforts for the construction or
other regulated activities within the Easement Area. The procedure for submittal and
review of the design is outlined in Chapter 7. The erosion control design shall
accomplish the purposes outlined in Section 3 and Ordinance No.
Construction standards shall also conform to the Brest Management Practices as outlined
in Chapter 3 and Chapter 4 of the City of Lubbock Drainage Criteria Manual (the
"Drainage Manual"), as set forth in Appendix A, and as may be amended from time to
time. In addition to the specific standards of the Drainage Manual, erosion control steps
shall also include the following:
1. Minimize the area that will be disturbed.
2. Maintenance of existing vegetation is widely recognized as the best management
practices for erosion control As a result, to the extent practicable, existing
vegetation shall be preserved to shield the soil surface from rainfall and runoff,
slowing down the velocity of the rain fall as it travels on the ground.
Section 6 - Prohibited Vegetation
The following list of vegetation that is prohibited to be planted within the Easement Area;
Salt cedar (Tamarix); and
Mesquite (Prosopis);
Section 7 — Permit Administration For Construction Activity
7.1 Permit Requirements on Lots/Erosion
Except as otherwise provided below, permits are required for repair or modification of a
structure or facility in the Restrictive Easement, vegetation clearing, tree or vegetation
removal, drainage work, and/or dredging in the Flood Easement and/or Restrictive
Easement, if such activity or activities disturb 150 square feet or more of the surface of
the soil.
Permits are not required for (i) routine maintenance that does not disturb the surface of
soil or involve tree or vegetation trimming that does not affect the naturally existing
water runoff conditions; (ii) normal agriculture practices, including moving soil for the
purposes of berms or terraces, plowing, seeding, cultivating, and harvesting for the
production of food, fiber or forage crops; and (iii) brush control or other range
improvement activities approved by the Natural Resources Conservation Service
("NRCS"), or successor agency to the NRCS and/or other regulatory agencies with
jurisdiction over the subject activities.
7.2 Construction Plans and Specifications Submittal and Review Process
A. Any permit request will initiate a review of the plans related to erosion control.
B. Plans to be submitted with the permit application shall include the following:
Cover Page
Legal Description — Plat
Site Plan
Erosion Control Plan and SWPPP
aolccdbcs:Erosion Control Plan ExhibitBIAH 11-21-47
)I-
85
Resolution No. 2008-80161
APPENDIX A
Richard/Lakc Final Ordinance 041008
Updated 4122/08
Richard/l,ake Final Settlement Packet 042308
Page 86 of 86