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Home My WebLink AboutOrdinance - 2014-O0149 - Annexing 187,275 Acres - 12/18/2014First Reading (� ! - - IdI61111)Iecond Reading October 23, 2014 0 December 18, 2014 Item No. 6.12 Item No. 7.3 ORDINANCE NO.2014-00149 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 m oA DATE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. 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 187.275 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 187.275 acre tract of land located in Section 8, 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 on , _ nT��.o is December 18, 2014. ATTEST:-- Rpbtca Garza, City Secretary l -- APPROV EDAS TO CONTENT: �4 Andrew Paxton, Director of Planning APP%7=RM: Chad Weaver, City Attorney vwxcdocs/Ord.Annex-Section 8, Block AK October 9, 2014 2 Tract 1 NGINEERING A3A(!J6 E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 "Count on it" EXHIBIT A BEGINNING at the most Easterly Southeast corner of this tract which bears S 01 042'47" W. 3035.54 feet from a the Northeast corner of Section 8, Block AK; THENCE N 8805013" W, 660.09 feet to a corner of this tract; THENCE S 01 042'48" W, 221.49 feet to a corner of this tract; THENCE N 88050'13" W, 1981.04 feet to a corner of this tract; THENCE N 01 048'18" E. 3257.24 feet to a corner of this tract; THENCE S 88050'00" E, 1975.70 feet to a point in the existing city limits as established in City of Lubbock Ordinance Number 2005-00067 for a corner of this tract; THENCE S 01 04247" W with the existing city limits line, as established in City of Lubbock Ordinance Number 2005-00067 a distance of 660 feet to a corner of this tract; THENCE S 88050'00" E with the existing city limits line, as established in City of Lubbock Ordinance Number 2005-00067 a distance of 660 feet to a corner of this tract; THENCE S 01 042'47" W, 959.07 feet to a corner of this tract; THENCE N 88017'12" W, 360.00 feet to a corner of this tract; THENCE S 01042'47" W, 300.00 feet to a corner of this tract; THENCE S 88017'12" E, 360.00 feet to a corner of this tract; THENCE S 01°42'47" W, 1116.27 feet to the PLACE of BEGINNING, containing 181.439 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. Slide & 1585, LLC By: Thoma K. Happy S to ank By: �/ L— /i✓�—�— STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the L+ day of August, 2014, by Thomas K. Payne on behalf of Slide & 1585, LLC. Cal Y CRU Slale oiiexslon Exp)res os8, 2016 STATE OF TEXAS COUNTY OF LUBBOCK Notary Public in and r4. The State of Texas My Commission Expires: fV� , 8 , This instrument was acknowledged before me (tW—,J✓Fon behalf of Happy State Bank. NotaWHThNEYCR-Y Public sttMYCorn',ae o! Texos Moon Expires �� 08 2016 on the 4f day of August, 2014, by VIA 1 Notary Public in and fc The State of Texas My Commission Expires: YP�VIC:-" �5 , 0O 1(p Tract 2 NGINEERING ASACU6 E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 91 "Count on it" EXHIBIT A FIELD NOTES on a 1.240 Acre Tract out of Section 8, Block AK, Lubbock County, Texas being further described by metes and bounds as follows: BEGINNING at a point in the East line of Section 8 and in F.M. 1730 (Slide Road) for the Northeast corner of this tract whence a found cotton spindle with head broken off set by Hugo Reed and Associates at the intersection of F.M. 1585 and F.M. 1730 for the Northeast corner of Section 8, Block AK bears N 01 042'50" E (Texas North Central Zone Bearing Basis), 1769.27 feet; THENCE S 01 042'50" W, with the East line of Section 8 and F.M. 1730, 150.0 feet to a point in F.M. 1730 for the Southeast corner of this tract; THENCE N 88017'12" W, at 40.0 feet pass a set 1/2" rod with orange cap marked RPLS 4460 in the West Right of Way line of F.M. 1730, in all 360.0 feet to a set 1/2" rod with orange cap marked RPLS 4460 for the Southwest corner of this tract; THENCE N 01 042'50" E, 150.0 feet to a set 1/2" rod with orange cap marked RPLS 4460 for the Northwest corner of this tract; THENCE S 88°17'12" E, at 320.0 feet pass a set 1/2" rod with orange cap marked RPLS 4460 in the West Right of Way line of F.M. 1730, in all 360.0 to the Place of Beginning and containing 1.240 Acres including any Right of Way. 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. Capricho 1 to fors, LLC By: By: Maria Blakeley, P Vista Bank By: �Y vP STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before the on the 6A% day of August, 2014, by James and Maria Blakeley on behalf of Caprio inlgr' C. �.., SHAVONNE MARtate BLE of NotaN Public, State of Texas r,r My Commission Expires October 31, 2015 +w„m, STATE OF TEXAS COUNTY OF LUBBOCK 1 �T,his i s anent was acknowledged befor {-.IJWI,I�b�`1' l�S&n behalf of Vista Bank. ffjNE MARABIE ic, State of Texasmission Expireser 31, 2015 PDtaty Public in and for The State of Texas hh_ My Commission Expires: V e me on the tffK day of August, 2014, by "NoIaN Public in and for The State ofTexas lb My Commission Expires: Tract 3 E ABAC5 SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806)745-7670 RE "Count on it" EXHIBIT A FIELD NOTES on a 1.240 Acre Tract out of Section 8, Block AK, Lubbock County, Texas being further described by metes and bounds as follows: BEGINNING at a point in the East line of Section 8 and in F.M. 1730 (Slide Road) for the Northeast corner of this tract whence a found cotton spindle with head broken off set by Hugo Reed and Associates at the intersection of F.M. 1585 and F.M. 1730 for the Northeast corner of Section 8, Block AK bears N 01 042'50" E (Texas North Central Zone Bearing Basis), 1619.27 feet; THENCE S 01 042'50" W, with the East line of Section 8 and F.M. 1730, 150.0 feet to a point in F.M. 1730 for the Southeast corner of this tract; THENCE N 88017'12" W, at 40.0 feet pass a set 1/2" rod with orange cap marked RPLS 4460 in the West Right of Way line of F.M. 1730, in all 360.0 feet to a set 1/2" rod with orange cap marked RPLS 4460 for the Southwest corner of this tract; THENCE N 01°42'50" E, 150.0 feet to a set 1/2" rod with orange cap marked RPLS 4460 for the Northwest corner of this tract; THENCE S 88017'12" E, at 320.0 feet pass a set 1/2" rod with orange cap marked RPLS 4460 in the West Right of Way line of F.M. 1730, in all 360.0 to the Place of Beginning and containing 1.240 Acres including any Right of Way. 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. JJ Mill r Enterprises, LLC By: rnjI6t� Erica Miller, Manager Southwest Bank By: STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the I I -A day of August, 2014, by Erica Miller on behalf of JJ Miller Enterprises, LLC. ------------ JANIE LEE STEPHENS� ' NOTARY PUBLIC Texas 194 NOTARY PUBLIC Texas ,*•� Notary Public in and for '.o:. State of Comm. Exp. 01-20-2016 State of Texas My Commission Expires: My l� STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on behalf of Southwest Bank. Notary Public in anr A&mra The State of Texas (� My Commission Expires:01-2D Pjjy JANIE LEE STEPHENS �4ppY E=f �t1 • i4 jy NOTARY PUBLIC Texas �', 'pi state of Comm. Esp. 01-20.2016 ,*•� on the l L — day of August, 2014, by NEERING ABACS E SURVEYING 2737 81ST STREET LUBBOCK, TEXAS 79423 (806) 745-7670 91 "Count on it" EXHIBIT A Tract 4 BEGINNING at the Southeast corner of this tract which bears S 01042'47" W, 3257.03 feet from a the Northeast corner of Section 8, Block AK; THENCE N 8805013" W, 660.09 feet to a corner of this tract; THENCE N 01 042'48" E, 221.49 feet to a corner of this tract; THENCE S 88050'13" E, 660.09 feet to a corner of this tract; THENCE S 01 042'47" W, 221.49 feet to the PLACE of BEGINNING, containing 3.356 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. �c 2 :G'K/ •��v:Le 'f u By: r s r✓ 134Ai4 t I r,4T— By: STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the day of August, 2014, by *6/a j L klhv on behalf of 6c stl 65 -s4 -t/ Trc. J 0,rY�4 MISTI ANN DUFFEY p .... 4 ?•,' Notary Public, State of Texas M Commission Expires rig, ie^.c Y .1, June 22, 2016 rano STATE OF TEXAS CK1DllilI KS)a110L:3041491 wv� 4P Notary Public in and for 0 The State of Texas My Commission Expires: (p'„2ei-Ik'o This instrument was acknowledged before me on the day of August, 2014, by ua/\ Th won behalf of { ► I//� �. Notary Public in d for The State of Te My Commission Expires: �" Annexation Key Section 8, F.M. 1585 and Slide F. M. 1 585 - - - - - - - - - - - - - L -------- - - I Block AK Road I I � �I 0 0 ry 0 M r----------------------------------' I 1 August 7, 2014 Scale t" = 500' S:\COORDINATES\SECTIONBLOCK\Block AK\SECTION 8\TOPO\PREPLATDECEMBER2013.dwg, 8/9/2014 10.30:45 AM, SHARP MX -2300N PCI -6 Annexation Areas in Section 8, Block AK ` 0 CR 7350 U °r' ■�■■ ■ 126TH CR 7360 `" _ 126TH i ■ Lu o} 3 ' ■ N ■ 1 ■ ■ 130TH ST FM 1585 1 ■ ■ ■ ■ ■ ■ 134TH 0 o U Coy = of � U � U 138TH Legend Lubbock City Limits Annexation Areas AK -8 - Tract 1 (181.439 ac) 147TH ST w AK -8 - Tract 2 (1.24 ac) a m AK -8 - Tract 3 (1.24 ac) 148TH ST o 03 AK -8 - Tract 4 (3.356 ac) 149TH ST . CR 7510 0 1,000 2,000 3,000 4,000 Feet TNs dada set was created using Cala obtained tam varus wuces, am mated eedudwaly lar the blerwl use of Ne Oty of Lubbock Pocono; of the iNamatm may beincamd aL naf =, Any perwn a eery x/tp relba m any inbmurn ablained Iran this dataset tlars sa at Ntlr own risk Name, the Ory of Lubbock, Teves, nor any agency, officer, cer, employs aliha City of ubbod, Teves, wanaids be accuracy, nalabiry, aomeMees o/sudN iHamzoon. THIS PUBLICATION IS PROVIDED'ASIS'WITHOUT WARRANTY OFM KIND, EITHER E%PREB OR IMPLIED, City Of INCLUDING. BUT NOT UMREDTO THE IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE CSHALLNRY OF LUBBOCK LUBBOCK SBADVISB OLE F SUCH DRANY IMIAGE BY USINGTHS DATA. RECT, SPECIAL. THE UUS RAGREES TO BE SOUNDS ALL PARTS OFDENTAL OR CONSEQUENTIAL DAMAGES TO THE THISDISCLAIMER IS PU&ICA710N EVEN IF 7HE OTY OF u OC TEXAS Section 8, Block AK EXHIBIT B MUNICIPAL SERVICE PLAN 211:721 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 114th 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 8, 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 8, 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 8, 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 OFFICIAL PUBLIC RECORDS Kelly Pinion, County Clerk Lubbock County TEXAS January 13, 2015 03:11:28 PM FEE: $86.00 2015001121