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Home My WebLink AboutOrdinance - 2014-O0147 - Annexing 206 Acres - 12/18/2014First Reading �'! 6`'+� j�a� Mme' I'et �` P/� I I N Second Reading October 23, 2014 Utfil+C ' December 18, 2014 =_ Item No. 6.10 Item No. 7.1 ORDINANCE NO. 2014-00147 AN ORDINANCE ANNEXING AN AREA OF SPARSELY OCCUPIED LAND TO -_ THE CITY OF LUBBOCK, TEXAS, UPON PETITION OF AREA LANDOWNERS, WHICH AREA IS DESCRIBED HEREIN AND IS LESS THAN ONE-HALF MILE IN =_ WIDTH, CONTAINS FEWER THAN THREE QUALIFIED VOTERS, AND IS CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR CORRECTION OF THE CITY MAP TO INCLUDE THIS ANNEXED AREA; ADOPTING A SERVICE PLAN; PROVIDING AN EFFECTIVE o DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. y WHEREAS, the City Council of the City of Lubbock on September 11, 2014, conducted a public hearing at which the petition for annexation and arguments for and e against the annexation were heard by the City Council as required by Section 43.028, Local N Government Code; and WHEREAS, the City Council of the City of Lubbock deemed it to be in the best interest of the citizens of the City of Lubbock to grant said petition for annexation; and WHEREAS, the City Council of the City of Lubbock hereby annexes said sparsely occupied area into the City of Lubbock as requested by the land owners of said area; NOW THEREFORE: I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the area of land hereinafter described containing approximately 206.00 acres and as further described on the petition, including a metes and bounds description and map, attached hereto as Exhibit A, which said exhibit is made a part hereof for all intents and purposes, which is contiguous to the existing corporate limits of the City of Lubbock, Texas, less than one-half mile in width and which contains fewer than three qualified voters BE and the same is hereby ANNEXED to and included within the corporate limits of the City of Lubbock, Texas, as requested by the petition of the owners of said area of land. DESCRIPTION OF ANNEXED AREA A 206.00 acre tract of land located in Section 9, Block AK, Lubbock County, Texas, being further described in Exhibit "A" attached hereto and incorporated herein by reference for all purposes. SECTION 2. THAT the City Engineer is hereby authorized and directed to immediately correct the map of the City of Lubbock by adding thereto the additional territory annexed by this Ordinance, indicating on the map the date of annexation and the number of this Ordinance. The City Secretary and the City Engineer shall each keep in their respective offices an official map of the City of Lubbock showing the boundaries of the municipal corporation, including this annexation. SECTION 3. THAT the service plan attached hereto as Exhibit `B" and incorporated herein by reference for all purposes was submitted in accordance with Chapter 43 of the Texas Local Government Code and is hereby approved as part of this Ordinance. SECTION 4. THAT this Ordinance shall be effective thirty (30) days after final passage by the City Council. SECTION 5. 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 6. 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. AND IT IS SO ORDERED. Passed by the City Council on first reading on October 23, 2014 Passed by the City Council on second reading on1).F--m bPr 4 POIA. December 18, 2014 . , "'� JZ4041 ATTF,ST: ebe ca Garza, City rSeeretary APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning AS TO FORM: APM//�� Chad Weaver, City Attorney vw:ecdocs/Ord.Annex-Section 9, Block AK October 9, 2014 NGINEERING ABACJ45 E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 RE "Count on it" EXHIBIT A FIELD NOTES on a 206 Acre Tract out of the East Half (E/2) of Section 9, Block AK, Lubbock County, Texas further described by metes and bounds as follows: BEGINNING at a point in the center of County Road 1800 (Frankford Avenue) for the most Easterly Northeast corner of this tract having Texas North Central Zone coordinates of North: 7236355.94, East: 919878.39 from which a railroad spike accepted as the Northeast corner of Section 9 having Texas North Central Zone coordinates of North: 7237098.85, East.919902.84 bears N 01 °53'08" E(Texas North Central Zone Bearing Basis), 743.51 feet; THENCE S 01 053'08" W, with the East line of Section 9 and the center of County Road 1800, a distance of 284.85 feet to the Northeast corner of the tract described as Tract One in Volume 3244, Page 193, Lubbock County Real Property Records (LCRPR); THENCE N 88007'46" W, along the North line of said Tract One, and the North line of the tract described as Tract Two in Volume 3244, Page 193, LCRPR, at 50.08 feet pass a found 1/2" rod, in all, 660.22 feet to a found 518" iron pipe for the Northwest corner of said Tract Two and a corner of this tract; THENCE S 01'47'49" W, along the West line of said Tract Two, 165.14 feet to a found 1/2" rod for the Southwest corner of said Tract Two; THENCE S 01° 54' 18" W, along the West line of the tract described in Lubbock County Clerk File # 2012034971, 164.80 feet to a found 1/2" rod for the Southwest comer of the tract described in County Clerk File # 2012034791 and the Northwest comer of the tract described in Volume 10381, Page 348, Lubbock County Official Public Records (LCOPR) for a comer of this tract; _ THENCE S 010 55'25" W, along the West line of the tracts described in Volume 10381, Page 348, LCOPR, Volume 1982, Page 471, Lubbock County Deed Records (LCDR), Volume 4905, Page 96, LCRPR, and Volume 9215, Page 202, LCOPR, 659.98 feet to a found 1/2" rod with cap (Telford) for the Southwest comer of the tract described in Volume 9215, Page 202, LCOPR and a corner of this tract; THENCE S 88007'02" E, with the South line of the tract described in Volume 9215, Page 202, LCOPR at 610.16 feet pass a found 1/2" square pipe, in all 660.46 feet to a point in the East line of Section 9 and the center of County Road 1800 for a comer of this tract; THENCE S 01°53'08" W, with the East line of Section 9 and County Road 1800, a distance of 1650.17 feet to the Northeast comer of the tract described in Volume 1361, Page 519, LCDR for a corner of this tract; THENCE N 88006'47" W, with the North line of the tract described in Volume 1361, Page 519, LCDR, at 47.2 feet pass a steel post, at 50.22 feet pass a found 1/2" iron rod, in all 660.18 feet to a found 1/2" iron rod at the Northwest corner of the tract described in Volume 1361, Page 519, LCDR and a corner of this tract; THENCE S 01052'42" W, with the West line of the tracts described in Volume 1361, Page 519, LCDR, and Volume 1642, Page 788, LCDR, 957.57 feet to a set 1/2" rod with stainless steel cap at the Northeast corner of the tract described as TRACT 3 in Volume 4819, Page 269 LCRPR for a corner of this tract; THENCE N 88°06'43" W, with the North line of the tracts described in Volume 4819, Page 269 LCRPR, 329.93 feet to a found railroad spike for the Northwest corner of the tract described as TRACT 1 in in Volume 4819, Page 269 LCRPR for a corner of this tract; THENCE S 01 053'35" W, at 631.71 feet pass a set 1/2" rod with stainless steel cap, in all 656.71 feet to a point in the South line of Section 9 whence a found 3/8" rod bears South 4.2 feet; THENCE N 88°18'08" W, with the South line of Section 9 and a graded county road, 1659.89 feet to a found 1/2" rod for the Southeast corner of the tract described as Tract II in Volume 9127, Page 100 LCOPR and the Southwest corner of the tract described in Volume 6999, Page 175, LCRPR for the Southwest corner of this tract; THENCE N 01050'38" E, along the East line of said Tract Il, and the West line of tract described in Volume 6999, Page 175, LCRPR at 25 feet pass a found rad with cap (R.L. Smith), in all 3648.05 feet to a found rod with cap (R.L. Smith) for a corner of this tract; THENCE S 88°12'27" E, at 12.16 feet pass a found 112" rod at the Northeast corner of the tract described in Volume 6999, Page 175, LCRPR and the Southwest corner of the 30 acre tract described in Volume 1739, Page 786, LCDR, in all 1352.34 feet to a found 1/2" rod for the Southeast corner of the 30 acre tract and a corner of this tract; THENCE N 01052'53" E, 975.62 feet to a found 1/2" rod for the Northeast corner of the 30 acre tract and a corner of this tract; THENCE S 88012'48" E, with the South line of the tracts described in Volume 1609, Page 691, Volume 1691, Page 697 and Volume 1609, Page 695, LCDR, and 660 feet South of the North line of Section 9, and along the South City Limits line as established by City of Lubbock Ordinance Number 2008-00104, a distance of 910.22 feet to a found 5/8" iron pipe for the Southeast corner of the tract described in Volume —lWT,P'age-695 CDR corner o thisTracC'------ -- ---- — — THENCE S 01048'11" W, with the West line of the tract described in Lubbock County Clerk File 2009029984, a distance of 83.37 feet to a found 1/2" rod with orange cap marked RPLS 4460 at the Southwest corner of the tract described in Lubbock County Clerk File 2009029984 for a corner of this tract; THENCE S 88013'03" E, with the South line of the tract described in Lubbock County Clerk File 2009029984, at 340.01 feet pass a found 1/2" rod with orange cap, in all 390.01 feet to the PLACE of BEGINNING. These Notes are based on a survey made on the ground. J. M. Cieszinski RPLS # 4460 May 21, 2013(Revised September 15, 2014) PETITION FOR VOLUNTARY ANNEXATION TO: The Mayor and Governing Body of the City of Lubbock, Texas The undersigned owners of the hereinafter described tract of land which is vacant or without residents, or on which less than three (3) qualified voters reside, hereby petition the City Council to extend the present City limits in the manner prescribed by the Local Government Code, Section 43-028, so as to include and annex as a part of the City of Lubbock, Texas, the property described by metes and bounds on the attached Exhibit "A", which is incorporated herein for all purposes. We certify that this Petition is signed and acknowledged by each and every person or corporation owning said land or having an interest in any part thereof. STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the 4 day of August, 2014, by Thomas K. Payne on behalf of S W LLD, LLC. \tst:N t f0 OP .......q y .• V PUa'•. cC:0 z 7 _ Ex0l.." ` STATE OF TEXAS m;nnatt` COUNTY OF LUBBOCK Notary Public 'and for The State of Texas My Commission Expires: This instrument was acknowledged before me on the day of August, 2014, by (�� U✓1 171 iyP on behalf of First Bank & Trust. O`�\\tttUUM PU ZQ Sl416 OF ., EXP1N tt,.: Notary Public in nd f ' The State of Texa My Commission Expires: 12 --la. f7 Annexation Map Section 9, Block AK F.M. 1585 and Frankford Avenue — F.M. 1585 I I I I I wl i I E1 I I I I 2y I I I ul -------- L_L_1_i_ I CI Llmlta I m 0 c O tl Annexation Tract I I I I-------- I ---_-- 146th Street- --------------- I I ENGINERIN ABACUS SURVEYING G 2737 81st Street August 7, 2014 LUBBOCY, TEXAS Scale 1" = 800' Count on It 806-745-7670 TEXAS SURVEYING FIRM NO. 101153-00 TEXAS ENGINEERING FIRM NO. 4368 S:\COORDINATES\SECTIONBLOCK\Block AK\SECTION 9\APRIL2013\Section9BlockAK(Payne)4.dwg, 8/8/20148:2548 AM, SHARP MX -2300N PCL6 Annexation Area in Section 9, Block AK 130TH lCR� 5 �■■� i 1 . CR 74101 1 CR 7415 CR 7420 CR 7425 CR 30 CR 7435 rn o C-) CR 7440 U CR 7445 C 7450 CR 7460 CR 7465 0 N r CR 7470 CR 7500 Legend 1C— j Lubbock City Limits Annexation Area = AK -9 (206.00 ac) 147TH ST 148TH ST 149TH ST 150TH ST 134TH 138TH 0 1,000 2,000 3,000 4,000 Feet This dass setwas created toying data obtained horn various sowces and seated exclusively fa the internal use of Ne Gly of Lubbock. PWIDns of the lnfarmatun may be insorre"I ar notcurent Any personofentrywhorelieson anytnbm�onobtainedfrern Nis data seldoesso at Iherownrisk Neuerthe City of Lubbock, Texas, manyagency, offli ae IoMoNhe pryof Lubbock, Teras,wairants Neaccuracy, reiadity, ortimelinesiofsuchiNamalion. THISPUBLICATION ISPROVIDED'ASIS"WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPUEO, City of SHALL NOT NCLUDING 'BE LIABLEBUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FOR ANY DIRECT, NDIRECT, SPECIAL, INCIDENTALTR CONSEQUENTIAL DAMAESS FORA GES RELATED TO THE UCULAR PURPOSE 0SE OFFNTHIS PUBLICATION, EVEN IINFRINGEMENT. THE CITY �THE��OF Lubbock LUBBOCK ISADVISED OF SUCH DAMAGE. BY USING THIS DATA, THE USER AGREES TO BE BOUND BY ALL PARTS OF THI S DISCLAIMER. TEXAS Section 9, Block AK EXHIBIT B MUNICIPAL SERVICE PLAN FIRE Existing Services: None Services to be Provided: Fire suppression will be available to the area upon annexation. Primary fire response will be provided by Fire Station No.19, located at 5826 98th St. Adequate fire suppression activities can be afforded to the annexed area within current budget appropriation. Fire prevention activities will be provided by the Fire Marshal's office as needed. POLICE Existing Services: None Services to be Provided: Currently, the area is under the jurisdiction of the Lubbock County Sheriffs Office. However, upon annexation, the City of Lubbock Police Department will extend regular and routine patrols to the area. It is anticipated that the implementation of police patrol activities can be effectively accommodated within the current budget and staff appropriation. BUILDING INSPECTION Existing Services: None Services to be Provided: The Building Inspection Department will provide Code Enforcement Services upon annexation. This includes issuing building, electrical and plumbing permits for any new construction and remodeling, and enforcing all other applicable codes which regulated building construction within the City of Lubbock. PLANNING AND ZONING Existing Services: None Services to be Provided: The Planning and Zoning Department's responsibility for regulating development and land use through the administration of the City of Lubbock Zoning Ordinance will extend to this area on the effective date of the annexation. The property will also continue to be regulated under the requirements of the City of Lubbock Subdivision Ordinance. These services can be provided within the department's current budget. GIS AND DATA SERVICES Existing Services: None Section 9. Block AK EXHIBIT B Services to be Provided: GIS and Data Services will update all city-wide GIS data sets to include the newly annexed areas. This will include support to the Office of City Secretary for elections requirements, to Building Inspection, Streets and Traffic Engineering for addresses, street names and street signs, and to Police and Fire for updated information for 911 Dispatch. LIBRARY Existing Services: None Services to be Provided: Upon the effective date of annexation, free library use privileges will be available to anyone residing in this area. These privileges can be provided within the current budget appropriation. CODE ADMINISTRATION/ENVIRONMENTAL HEALTH DEPARTMENTS Existing Services: None Services to be Provided. The City of Lubbock's Code Administration/Environmental Health Departments will implement the enforcement of local ordinances and regulations on the effective date of the annexation. Such services can be provided with current Code Administration/Health Department Personnel and within the current budget appropriation. As land is developed, increases in personnel and budget will be needed in order to provide the same level of customer service. ANIMAL SERVICES Existing Services: None Services to be Provided: Animal control services will be provided to the area as needed. The City of Lubbock Animal Services Department will implement the enforcement of the City of Lubbock's animal control ordinances and regulations on the effective date of the annexation. Such services can be provided with current personnel and budget appropriation. STREET Existing Services: Lubbock County Public Works Services to be Provided: Maintenance to the street facilities will be provided by the City upon the effective date of the annexation. This service can be provided within the current budget appropriation. STORMWATER MANAGEMENT Existing Services: None Section 9, Block AK EXHIBIT B Services to be Provided. Developers will maintain stormwater drainage patterns through either surface or subsurface measures at their own expense. Appropriate easements will be dedicated to the City as necessary and as required. Drainage analyses will be reviewed for compliance and construction measures will be inspected by the stormwater staff. Compliance with the City's Municipal Storm Sewer System permit from the state will be evaluated as an ongoing process for all new development areas. The City will enforce the drainage, construction, and stormwater policies through inspections and plan reviews. STREET LIGHTING Existing Services: None Services to be Provided. The City of Lubbock will coordinate any request for improved street lighting with the local electric provider in accordance with standard policy. TRAFFIC ENGINEERING Existing Services: None Services to be Provided: The Traffic Engineering Department will provide required traffic control devices after the effective date of annexation. WATER SERVICE Existing Services: None Services to be Provided: Water service to the area will be provided in accordance with the applicable codes and departmental policy. When other property develops in the adjacent area, water service shall be provided in accordance with extension ordinances. Extension of service shall comply with City codes and ordinances. SANITARY SEWER SERVICE Existing Services: None Services to be Provided: Sanitary sewer service to the area of proposed annexation will be provided in accordance with applicable codes and departmental policy. When property develops in the adjacent areas, sanitary sewer service shall be provided in accordance with the present extension ordinance. Extension of service shall comply with applicable codes and ordinances. SOLID WASTE SERVICES Section 9, Block AK Existing Services: None EXHIBIT B Services to be Provided: Solid Waste Collection shall be provided to the area of annexation in accordance with the present ordinance. Service shall comply with existing City policies, beginning with occupancy of structures. The landfill will be able to handle this request. The only impact would be that the City could be required to develop the next landfill cell sooner. MISCELLANEOUS All other applicable municipal services will be provided to the area in accordance with the City of Lubbock's established policies governing extension of municipal services to newly annexed areas. FILED AND RECORDED r 'r +irrr OFFICIAL PUBLIC RECORDS S'"off Irl AF P� Kelly Pinion, County Clerk Lubbock County TEXAS January 13, 2015 03:11:28 PM FEE: $66.00 2015001125