Loading...
HomeMy WebLinkAboutOrdinance - 2014-O0148 - Annexing 287,318 Acres - 12/18/2014i Reading /! a! ; j 1�q Second Reading her 23, 2014 / , December 18, 2014 No. 6.11 Item No. 7.2 ORDINANCE NO. 2014-00148 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 A A DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. M 0 N WHEREAS, the City Council of the City of Lubbock on September 11, 2014, m conducted a public hearing at which the petition for annexation and arguments for and m against the annexation were heard by the City Council as required by Section 43.028, Local m 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: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the area of land hereinafter described containing approximately 287.318 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 287.318 acre tract of land located in Section 1, 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 onPPPmijPr4 ;iA+4 necrm PT 1 R 901 a ATTEST: - Reb cca Garza, City Secreta APPROVED AS TO CONTENT: Andrew Paxton, Director of Planning 7 V AS ORRM: Chad Weaver, City Attorney vw:ccdocs/Ord.Annex-Section I, Block AK October 9, 2014 GrY-,�`�'UROARTSON, MAYOR 2 NEERING A:5A(!Jo5 E UIRVEMG 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 RE "Count on it" Tract 1 EXHIBIT A METES AND BOUNDS description prepared for Annexation purposes only on a 5.868 acre tract out of Section 1, Block AK, Lubbock County, Texas, being further described by metes and bounds as follows: COMMENCING at a found nail and washer(Hugo Reed) in the center of F.M. 1585 and Indiana Avenue accepted as the Northwest corner of Section 1, Block AK having Texas North Central Zone Coordinates (NAD 83, 2011, Epoch 2010.0000) of North 7236662.68, East 935738.64 for the Northwest corner of this tract; THENCE S 88002'16" E(Texas North Central Zone Bearing Basis), with the North line of Section 1 and the center of F.M. 1585, a distance of 934.00 feet; THENCE S 01046'06" W, with a Westerly line of a 106.669 acre tract at 40 feet pass a set 112" rod with steel cap marked Abacus Engineering RPLS 4460, in all 660.00 feet to the Northeast and beginning point of this tract; THENCE S 010 46'06" W, a distance of 274 feet, to the Southeast corner of this tract THENCE N 88002'16" W, with a Northerly line of the 106.669 acre tract, at 888.08 feet pass a set 1/2" rod with steel cap marked Abacus Engineering RPLS 4460, in all 934.00 feet to the Southwest corner of this tract; With a West line o ec iona�fcn i-nTndia�venue, 274,00 feet to a point in the existing Lubbock City Limits Line as established in City of Lubbock Ordinance Number 2005-00085; THENCE S 88002'16" E, with the existing Lubbock City Limits Line as established in City of Lubbock Ordinance Number 2005-00067 and Ordinance Number 2006-00121; a distance of 934 feet to the PLACE of BEGINNING containing 5.868 Acres. PREPARED FOR ANNEXATION PURPOSES ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY. 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. 6YI1�� Y m[i] tIt Il e►:I�9 COUNTY OF LUBBOCK This instrument was acknowledged before me on the STATE OF TEXAS By: GU..0• W. D. Vardeman n r By: ny"'I' c1i X Arnj aymond Dean Vardeman i %y: Wendell Keith VaNeman t� day of August, 2014, by W. D. Vardeman. Notary Public in an for The State of Texas My Commission Expires: 1 a a –0 COUNTY OF LUBBOCK This instrument was acknowledged before me on the A— day of August, 2014, by Raymond Dean Vardeman. ke?q�� Notary Pt blic in and,115-0) The State of Texas /� My Commission Expires: / b' -/A-/% STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the Vardeman. Notary Public in nd f r The State of Texa My Commission Expires: STATE OF TEXAS 9 day of August, 2014, by Wendell Keith COUNTY OF LUBBOCK This instrument was acknowledged before me on the day of August, 2014, by Holly Joy Vardeman Schellhase. -GA N /MO .01PnY 3 •;. 9iF, e e 12-2011 ��,Ilnninu�o° klolv- Notary Publi in an for The State of My Commission Expires: tA ABACJ6 ENGINEERING SUIRVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 RE "Count on it" Tract 2 EXHIBIT A METES AND BOUNDS description prepared for Annexation purposes only on an 89.097 acre tract out of Section 1, Block AK, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a found 1" square pipe accepted as the Southwest corner of the North Half of Section 1 having Texas North Central Zone Coordinates (NAD 83, 2011, Epoch 2010.0000) of North 7234023.08, East 935657.16 for the Southwest corner of this tract; THENCE N 01 046'06" E(Texas North Central Zone Bearing Basis), with the West line of Section 1 and in Indiana Avenue, along existing city limits established by City of Lubbock Ordinance Number 2008-00085, 1707.53 feet to the Southwest corner of a 20.027 acre tract; THENCE S 88°02'16" E, with the South line of the 20.027 acre tract, at 35.92 feet pass a set 1/2" rod with steel cap marked Abacus Engineering RPLS 4460(hereinafter called Abacus Cap), in all 934.00 feet to a set Abacus Cap for a corner of this tract; THENCE N 01046'06" E, with the East line of the 20.027 acre tract, 274 feet to the Northerly Northwest comer of this tract being in the existing Lubbock City Limits Line as established in City of Lubbock Ordinance Number 2006-00121; THENCE S 88002'16" E, with the existing Lubbock City Limits Line as established in City o u oc r inance um er - ;a is ante o�.4bTe off-t1T e Northeast corner of this tract; THENCE S 01 °46'06" W, with the East line of a 106.554 acre tract 1978.55 feet to a set Abacus Cap in the South line of the North Half of Section 1 for the Southeast corner of this tract; THENCE N 88007'10" W, with the South line of the North Half of Section 1, a distance of 2090.44 feet to the PLACE of BEGINNING and containing 89.097 acres. PREPARED FOR ANNEXATION PURPOSES ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY. 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. 1585 Development, LLC 0 Hawirstate Bank By: STATE OF TEXAS COUNTY OF LUBBOCK Manager –k— This instrument was acknowledged before me on the day of August, 2014, by Thomas K. Payne on behalf of 1585 Development, LLC. mipp. e WHITNEY CRUMP .:; Notary Public, State of Texas My Commission Expires `�;',?o.��;�•` March O8. 2016 STATE OF TEXAS COUNTY OF LUBBOCK I A et l G urr� Notary Public in and fbIr The State of Texas My Commission Expires: fYil"ZY] This instrument was acknowledged before me on the Z:7'� day of August, 2014, by 4-yo� r yAeS on behalf of Happy State Bank. G Lt P =o;n,h_ WHITNEY CRUMP Notary Public in and for _ Notary Public, State of Texas The State of Texas it My Commission Expires 0',�'a ce March 08, 2016 My Commission Expires: l rr.,– 8 LD1 y na,,.o / NGINEERING ABACJ45 E SURVEYING 2737 81ST STREET LUBSOCK, TEXAS 79423 (806) 745-7670 Tract 3 RE Count on it" EXHIBIT A METES & BOUNDS description prepared for Annexation purposes only on a 192.353 acre tract out of Section 1, Block AK, Lubbock County, Texas, being further described by metes and bounds as follows: BEGINNING at a point in the North line of Section 1 for the Northwest corner of this tract from which a found nail and washer (Hugo Reed) in the center of F.M. 1585 and Indiana Avenue accepted as the Northwest corner of Section 1, Block AK having Texas North Central Zone Coordinates (NAD 83, 2011, Epoch 2010.0000) of North 7236662.68, East 935738.64 bears N 88°02'16" W (Texas North Central Zone Bearing Basis), 2147 feet; THENCE S 88002'16" E, with the North line of Section 1 and the center of F.M. 1585, a distance of 3139.98 feet to the Northeast corner of this tract and along existing City Limits as established by City of Lubbock Ordinance Number 2013-00075; THENCE S 01 05121" W, with the East line of Section 1 and the center of County Road 2200, a distance of 2633.43 feet to a found railroad spike accepted as the Southeast corner of the North Half of Section 1 and the Southeast corner of this tract; THENCE N 88007'53" W, with the South line of the North Half of Section 1, at 40 feet pass a set 1/2" rod with steel cap marked Abacus Engineering RPLS 4460, in all a is mnra nf 9R41 An fizat, THENCE N 88007'10" W, a distance of 551.19 feet; THENCE N 01 046'06" E, a distance of 1978.55 feet to a point in the existing Lubbock City Limits Line as established in City of Lubbock Ordinance Number 2006-00121; THENCE S 88002'16" E, with the existing Lubbock City Limits Line as established in City of Lubbock Ordinance Number 2p06-00121, a distance of 56.55 feet; THENCE N 01046'06" E, with the existing Lubbock City Limits Line as established in City of Lubbock Ordinance Number 2006-00121, a distance of 660 feet to the PLACE of BEGINNING. PREPARED FOR ANNEXATION PURPOSES ONLY, DOES NOT REPRESENT AN ACTUAL SURVEY. Annexation Key Map Section 1, Block AK, F.M. 1585 From University to Indiana I ____ _ F. M. 1585 ` I City Limits > Q) Tract 1 Q) Q) a Q a Tract 3-4- Tract 2 W I ABACUENGINEERIN S SURVEYING G August 7, 2014 2737 81st Street Scale: 1"=800' LUBBOCK, TEXAS gonIt Count 806-745-7670 TEXAS SURVEYING FIRM NO. 101153-00 TEXAS ENGINEERING FIRM NO. 4368 S:\COORDINATES\SECTIONBLOCK\Block AK\SECTION 1\North Half Section 1 Block AKawg, 8/7/2014 4:13:51 PM, SHARP MX-230ON PCL6 & � v§ �. Section 1, Block AK EXHIBIT 8 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. 16, located at 4030 114"' 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 1, 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. 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 1, 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 1, 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 ria; ?r OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS January 13, 2015 03:11:28 PM FEE: $78.00 2015001126