HomeMy WebLinkAboutResolution - 2021-R0071 - Temporary Construction Easement, Hancock Land Application Site 2.23.2021Resolution No. 2021-R0071
Item No. 7.23 RESOLUTION
February 23, 2021
WHEREAS, Lubbock Power & Light is the municipally owned electric utility of
the City of Lubbock ("LP&L");
WHEREAS, LP&L filed before the Public Utility Commission ofTexas ("PUC")
its Application of the City of Lubbock Through Lubbock Power and Light for
Authority to Connect a Portion of its System with the Electric Reliability Council of
Texas ("ERCOT"), Docket Number 47576 (the "Interconnection Application"), on
or about September 1, 2017;
WHEREAS, the portion of LP&L's load subject to the Application is more
particularly defined therein and herein as the "Affected Load";
WHEREAS, the Application to integrate the Affected Load into ERCOT was
granted by the PUC, as evidenced by its Order dated March 15, 2018, in PUC Docket
No. 47576, styled Application of the City of Lubbock Through Lubbock Power and
Light for Authority to Connect a Portion of its System with the Electric Reliability
Council of Texas;
WHEREAS, as a part of the Order, the PUC ordered LP&L and Sharyland
Utilities ("Sharyland"), as end point owners of the subject transmission infrastructure
required to be constructed to integrate the Affected Load into ERCOT (the
"Facilities"), to agree to the split of ownership of the Facilities;
WHEREAS, such agreement was accomplished through the participation
agreement entered into by and between LP&L and Sharyland ("Participation
Agreement") whereby Sharyland agreed to design and build the Facilities for LP&L
forthe purpose offacilitating LP&L's integration intothe Electric Reliability Council
of Texas and to provide services related to the foregoing (the "Project");
WHEREAS, subsequent to entering into the Participation Agreement, a series of
transactions approved by the PUC in Docket No. 48929 resulted in a substantial
portion of Sharyland's assets being acquired by Oncor Electric Delivery Company
LLC ("Oncor");
WHEREAS, through this acquisition, Oncor succeeded to all of Sharyland's
rights, benefits and obligations under the Participation Agreement;
WHEREAS, pursuant to the Participation Agreement, Oncor intends to enter
City -owned property identified in detail in Exhibits A and B attached to the
Temporary Construction Easement attached hereto and incorporated herein
("Lands") in order to complete construction of the transmission lines and associated
equipment;
WHEREAS, the City agrees that Oncor may use the Lands to accomplish the purposes
outlined in the Temporary Construction Easement and the Participation Agreement, subject
to the terms provided therein; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of
the City of Lubbock to execute that certain Temporary Construction Easement by and between
the City of Lubbock and Oncor Electric Delivery Company LLC, as attached hereto and
incorporated herein as though fully set forth herein in detail, and any related documents,
regarding land more particularly described in Exhibits A and B to the Temporary
Construction Easement, related to a portion of the Fiddlewood (New Oliver) to Farmland 345
kV Transmission Line, as approved in PUC Docket 48909, and a portion of the City of
Lubbock's Hancock Land Application Site.
Passed by the City Council this 23rd day of February, 2021.
ATTEST:
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City ecretary
-�t
APPROVED AS TO CONTENT:
-4i�4
Andy Burcham, Assistant Director/CFO of Electric Utilities
APPROVED AS TO FORM:
*ny*LP&L General Counsel
Resolution No. 2021-R0071 2021009092 7 PGS EASE
III K mffi PAW M low W,Whh 11111
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LYNN §
That for and in consideration of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration paid to the undersigned, (GRANTOR), the receipt of which is
hereby acknowledged, the said GRANTOR does hereby grant unto Oncor Electric
Delivery Company LLC, a Delaware limited liability company, (GRANTEE) whose
address is 1616 Woodall Rodgers Freeway, Dallas, Texas, 75202-1234, a temporary right
of way and easement ("Temporary Easement"), to be utilized for temporary working space
during GRANTEE's initial construction of transmission line and associated equipment
(the "Facilities"), over, to, from, and through land more particularly described in Exhibits
A and B, attached hereto and made part hereof (the "Temporary Easement Area").
This easement grant is made by GRANTOR and accepted by GRANTEE subject
to the following exceptions, reservations, restrictions, conditions and provisions:
All valid and subsisting encumbrances, conditions, covenants, restrictions,
reservations, exceptions, rights of way, and easements of records affecting the Temporary
Easement Area or any part thereof, including building and zoning ordinances, all laws,
regulations and restrictions by municipal or other governmental authority applicable to and
enforceable against the Temporary Easement Area.
GRANTEE shall be entitled to use said Temporary Easement for pulling electric
and/or transmission wires related to the Facilities (the "Activities"), subject to the
termination provision hereof. GRANTEE may also install a gate for access to the
Temporary Easement Area, so long as GRANTOR has prior approval of the proposed gate
from the City of Lubbock's Division Director of Public Works.
GRANTOR agrees that the Temporary Easement Area may be used and enjoyed
by GRANTEE and GRANTEE's agents, employees, contractors, and designees, and any
other agents, contractors and invitees acting by, through or under any of them. GRANTEE
shall conduct all activity and operate all associated equipment in conformity with the
Participation Agreement entered into between GRANTOR and GRANTEE, as it may be
amended from time to time ("Participation Agreement").
GRANTEE shall take all reasonable measures to minimize disturbances to
neighboring businesses or nearby residences and shall work with GRANTOR to resolve
complaints/disputes from adjacent property owners or the public arising from
GRANTEE's use of the Temporary Easement Area.
GRANTEE shall pay for all utility or other services furnished for the Activities
and shall post and maintain, at a designated location approved by GRANTOR, signage
indicating a name and contact number where GRANTEE can be reached twenty-four
hours a day.
GRANTEE hereby agrees to comply with all applicable federal, state, and local
rules, regulations, statutes, laws and ordinances governing construction and related
activities within the Temporary Easement Area.
GRANTEE hereby agrees to obtain all required permits and governmental
approvals for the Activities so as to meet all regulatory requirements and shall complete all
Activities in a workmanlike manner. Upon completion of the Activities, GRANTEE shall
promptly restore the surface of the area disturbed by its Activities to substantially the same
or better condition in which the surface existed before construction of the Facilities, to the
extent that doing so will not endanger the safe construction, maintenance, or operation of
the Facilities, and to restore any impaired subjacent support therefor, and remove all unused
construction materials, tools, equipment, and personal property from the Temporary
Easement Area. Notwithstanding anything herein and except for the provision of the gate
provided above, GRANTEE's use of the Temporary Easement Area does not involve the
installation of any permanent facilities on the Temporary Easement Area, and none of the
Temporary Easement Area will be disturbed except for vehicular and equipment travel on
the surface of the Temporary Easement Area. GRANTEE agrees that this Temporary
Easement Area does not include any portion of the cultivated and irrigated pivot circle that
exists on GRANTOR'S property, and GRANTEE will avoid entry on same. GRANTEE
agrees to coordinate with and provide notice to GRANTOR at least one week prior to entry
on the Temporary Easement Area, so that the parties may coordinate and agree upon the
range of dates needed for access. GRANTEE's access to the Temporary Easement Area
will be limited to the dates and times agreed upon in accordance with this paragraph. .
GRANTEE agrees to and shall defend, protect, indemnify and hold harmless
GRANTOR, including any of its elected officials, appointed officials, employees, and
agents, from and against all claims, losses, expenses, damages, demands, judgments,
causes of action, suits, and liability in tort, contract, or any other basis and of every kind
and character whatsoever, for personal injury, death, or property damage ("Claims"), which
arise out of GRANTEE's use of the Temporary Easement Area when such Claims result
from GRANTEE's negligence or willful misconduct.
It is understood and agreed that this easement grant is not a conveyance of any land
in the Temporary Easement Area but is a grant solely of the temporary construction
easement described herein. GRANTEE's use and occupancy of the Temporary Easement
Area shall be subject to the permissions herein granted. GRANTEE hereby agrees that it
will not dispute or resist GRANTOR's title to the Temporary Easement Area.
GRANTOR, its successors and assigns, shall have the right to use the Temporary
Easement Area for any purpose or purposes whatsoever, provide that such use does not
unreasonably interfere with or obstruct the use of the Temporary Easement by GRANTEE
for the purposes specified herein as being within the scope of this easement.
The provisions herein shall extend to and be binding upon GRANTEE and
GRANTOR and their respective successors and assigns. This Temporary Construction
Easement shall be governed by and construed in accordance with the laws of the State of
Texas. The sole venue for any action, controversy, dispute, or claim arising under this
Temporary Construction Easement shall be in a court of appropriate jurisdiction in Lynn,
County, Texas, exclusively.
GRANTOR grants, and GRANTEE accepts, this Temporary Construction
Easement subject to the terms and conditions set forth in the Participation Agreement, to
the extent the terms and conditions of the Participation Agreement apply, and nothing in
this Temporary Construction Easement shall be interpreted to supersede or modify the
rights, responsibilities, or obligations contained therein. In the event a conflict exists
between this Temporary Construction Easement and the Participation Agreement, the
Participation Agreement shall control, to the extent the terms and conditions of the
Participation Agreement apply.
This Temporary Easement Agreement may be executed in counterparts, each of
which shall constitute an original, and which together shall constitute one and the same
agreement.
GRANTEE hereby warrants that it is in compliance with Chapter 2270, Subtitle F,
Title 10 of the Texas Government Code by verifying that: (1) it does not boycott Israel and
(2) it will not boycott Israel during the term of this temporary construction easement.
TO HAVE AND TO HOLD said easement unto GRANTEE, its successors and
assigns, until one year from the date GRANTEE becomes entitled to take possession of
the Temporary Easement Area, at which time this easement will terminate and be of no
further force and effect.
EXECUTED as the dates of the respective acknowledgements hereinafter set forth,
but effective the 23rd day of February 20 21.
Grantor: The City of Lubbock
By:
DANIEL M. OP
MAYOR OF THE CITY OF LUBBOCK, TEXAS
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
[Coll) 2 a W&I a 1IiJ�Z�Zy ;�
pC�IG i
This instrument was acknowledged before me on23 iLbauatH , 2021, by5laiel A .
Mb4.-t6TM
Pope, A/1"It r--
n of the City of Lubbock, Texas, a Texas home rule municipal corporation, on
--
behalf of said municipal corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 day
of - A. D. 2021.
E(qkttary
MY D. MAYNARD
Public, State of Texas
otary ID# 13229477-4
P lic and for the to of r"ay mission Expires 12-27.2023
Grantee: ncor,Fl@ctric Delivery Company LLC
By: l t,, ' ' hn i S V) kt vn
Title: !A-Mamtey 214 �44
STATE OF TEXAS
COUNTY OF_T4I Ugr
EFORE ME, the dersigned authority, o this day personally appeared
All S G. rA't'ro as the AK 6*4V /A! SLY of
Odlae m'ZEt^4« Conj/IK 1-CL11.known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed, in the capacity therein stated
and he/she is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 12 day of A. D.
20'Z t .
00ry1p""' STACY SIMMONS
e`t+s Notary Public, State of Texas
`;? Comm. Expires 11-20.2024
;,....+.
Notary ID 124878622
Notary Public in and for the State of Texas
Exhibit A
ONCOR ELECTRIC DELIVERY 53356-TCE-CCN 26.9
FIDDLEWOOD (NEW OLIVER) — FARMLAND 345 KV LINE SAM JOB NO. 53356
TEMPORARY CONSTRUCTION EASEMENT SHEET 01 OF 02
CCN NO.26.9 — THE CITY OF LUBBOCK
EASEMENT NO. E -
EXHIBIT `C'
CCN NO.26.9 - THE CITY OF LUBBOCK
1.607 ACRES OR 70,000 SQUARE FEET
175 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
BEING A 1.607 ACRE TRACT OF LAND LOCATED IN LEAGUE 2, WILSON COUNTY SCHOOL LAND SURVEY,
ABSTRACT NO. 111, LYNN COUNTY, TEXAS, AND BEING A PART OF A TRACT OF LAND DESCRIBED IN A GENERAL
WARRANTY DEED TO THE CITY OF LUBBOCK, A TEXAS HOME RULE MUNICIPAL CORPORATION, RECORDED IN
VOLUME 327, PAGE 624, OF THE OFFICIAL PUBLIC RECORDS OF LYNN COUNTY, TEXAS, (O.P.R.L.C.T.), AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CALCULATED POINT IN THE NORTH LINE OF SAID CITY OF LUBBOCK TRACT, FROM WHICH A
1/2-INCH IRON ROD FOUND IN THE NORTH LINE OF A TRACT OF LAND DESCRIBED IN A WARRANTY DEED TO
RODNEY BEDNARZ AND DAVID BEDNARZ, RECORDED IN VOLUME 184, PAGE 53, OF THE DEED RECORDS OF
LYNN COUNTY, TEXAS (D.R.L.C.T.) AND BEING IN THE EAST RIGHT-OF-WAY LINE OF FARM -TO -MARKET ROAD
NO.2192 (80-FOOT RIGHT-OF-WAY), BEARS NORTH 45 DEGREES 34 MINUTES 32 SECONDS WEST, A DISTANCE OF
3,986.99 FEET, SAID POINT OF BEGINNING HAVING GRID COORDINATES OF N: 7192465.86, E: 976669.55;
THENCE CROSSING SAID CITY OF LUBBOCK TRACT, THE FOLLOWING TWO (2) COURSES AND DISTANCES:
SOUTH 01 DEGREES 43 MINUTES 36 SECONDS WEST, A DISTANCE OF 175.00 FEET TO A CALCULATED
POINT;
NORTH 88 DEGREES 16 MINUTES 24 SECONDS WEST, A DISTANCE OF 400.19 FEET TO A CALCULATED POINT
IN THE WEST LINE OF SAID CITY OF LUBBUCK TRACT AND THE EAST LINE OF A PROPOSED VARIABLE
WIDTH TRANSMISSION EASEMENT, FROM WHICH A 1/2-INCH IRON ROD WITH CAP STAMPED "RPLS 4460"
FOUND AT THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS TRACT TWO IN A GENERAL
WARRANTY DEED TO JEREMY WEBB AND SPOUSE, JENNIFER WEBB, RECORDED IN VOLUME 489, PAGE 84,
(O.P.R.L.C.T.), BEARS NORTH 81 DEGREES 26 MINUTES 45 SECONDS WEST, A DISTANCE OF 1,082.98 FEET;
THENCE NORTH 01 DEGREES 51 MINUTES 10 SECONDS EAST, WITH THE WEST LINE OF SAID CITY OF LUBBOCK
TRACT AND AN EAST LINE OF SAID PROPOSED VARIABLE WIDTH TRANSMISSION EASEMENT, A DISTANCE OF
175.00 FEET TO A CALCULATED POINT AT THE NORTHWEST CORNER OF SAID CITY OF LUBBOCK TRACT AND
BEING A NORTHEAST CORNER OF SAID PROPOSED VARIABLE WIDTH TRANSMISSION EASEMENT;
THENCE SOUTH 88 DEGREES 16 MINUTES 24 SECONDS EAST, WITH THE NORTH LINE OF SAID CITY OF LUBBOCK
TRACT, A DISTANCE OF 399.81 FEET TO THE POINT OF BEGINNING AND CONTAINING 70,000 SQUARE FEET OR
1.607 ACRES OF LAND, MORE OR LESS.
BASIS OF BEARINGS DERIVED FROM THE TEXAS COORDINATE SYSTEM OF 1983, NAD83 (2011), TEXAS NORTH CENTRAL ZONE (4202). THE
DISTANCES ARE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.00025645050192. ALL COORDINATES SHOWN ARE GRID
VALUES.
SKETCH OF EVEN DATE ACCOMPANIES THIS DESCRIPTION.
STf�F
Ln
01-22-2021
. GARNERE
C.KYLE
T. GARNER
PROFESSIONALSS�LAND
704"REGISTERED
SURVEYOR NO.6704, STATE OF TEXAS..TEXAS
FIRM REGISTRATION NO. 10064300
U Rv
DATE: 01 /22/2021
llsam inclDALIPROJECTS1102005335611001Survey107Descriptions153356-TCE-26.9.docx
GRAPHIC SCALE
0 100 200 400
(IN FEET(
I INCH =200 FT
Exhibit B EXHIBIT U
LINE TABLE
NUMBER
BEARING
DISTANCE
L1
S01'43'36"W
175.00'
L2
N88'16'24'VJ
400.19'
L3
N01'51'10"E
175.00'
L4
588'16'24"E
399.81I
50RJEy
�EpGN00 -'�11
TC
,ry 5 p1CT N -r
ON c0 0NNfc V N ODNEYVCEC5 BO NARZ ANDTPAG ID53EDNARZ
P.O.R.-1/2•STAMPEIRON
TRACTNO ��4480' FOUNT �' n
TWO IN VOLUMECop - 489 D Al- 4E
— — — — — — — N81'2 N V
---
I
CCN TRACT NO. 26
RHONDA ACHELLE FARMER AND HUSBAND, I
WILLIAM AY FARMER, JR. I VOLUME 432, PAGE 262
O.P.R.LC.T.
PROPOSED VARIABLE
WIDTH TRANSMISSION
EASEMENT
I
LEGEND
- O
CCN NUMBER
O.P.R.L.C.T.
OFFICIAL PUBLIC RECORDS
LYNN COUNTY, TEXAS
D.R.L.C.T.
DEED RECORDS
LYNN COUNTY, TEXAS
P.O.B.
POINT OF BEGINNING
P.O.R.
POINT OF REFERENCE
A
CALCULATED POINT
— — — — —
PROPOSED EASEMENT
— —
PROPOSED EASEMENT CENTERLINE
----
APPROXIMATE LOCATION
OF ABSTRACT LINE
PROPERTY LINE
A TEXAS
PARENT TRACT MAP &
LOCATION OF EASEMENT
(NOT TO SCALE)
RODNEY BEDNARZ AND DAVID BEDNARZ
VOLUME 202, PAGE 61
D.R.L.C.T.
P.O.B.
GRID COORDINATES
N:7192465.86
E:976669.55
J
PROPOSED 175'
WIDE TEMPORARY
STRUCTION EASEMENT
1.607 ACRES
(70,000 S.F.)
CL=400.00'
VOLUME 327, PAGE 624
TRACT 8 IN LEAGUE 2
OF EXHIBIT "A'
� .�iq J--livtkft 01-22-2021
KYLE T. GARNER
REGISTERED PROFESSIONAL LAND
SURVEYOR NO. 6704, STATE OFTEXAS
TEXAS FIRM REGISTRATION NO. 10064300
NOTES:
,\P-. O1S.TE,p . -
KYLE T. GARNER
-0 6704 Q.
A O� 0
1. BASIS OF BEARINGS DERIVED FROM THE TEXAS COORDINATE SYSTEM OF 1983, NAD 83
(2011), NORTH CENTRAL ZONE (4202). THE DISTANCES ARE ADJUSTED TO SURFACE USING
A COMBINED SCALE FACTOR OF 1.00025645050192. ALL COORDINATES SHOWN ARE GRID
VALUES.
2. DESCRIPTION OF EVEN DATE ACCOMPANIES THIS SKETCH.
3. THIS SURVEY WAS PERFORMED WITHOUTTHE BENEFIT OF ATITLE CERTIFICATE.
4. THIS EXHIBIT DOES NOT REFLECT ANY UNDERGROUND UTILITIES, EASEMENTS OF
RECORD OR OTHER ENCUMBRANCES THAT MAY AFFECT THE SUBJECT TRACT.
ECT: FIDDLEWOOD- FARMLAND
ONCOR ELECTRIC DELIVERY
1.607 ACRES, 70,000 SQUARE FEET
TEMPORARY CONSTRUCTION EASEMENT
FIDDLEWOOD- FARMLAND
LEAUGE 2, WILSON COUNTY SCHOOL LAND SURVEY
ABSTRACT NO. 111
NUMBER: 53356
DATE: 01/22/2021
SCALE: V=200'
CCN NO.: 26.9
SHEET 02 OF 02
ONCPR
_ 1Z019
FILED AND RECORDED
OFFICIRL PUBLIC RECORDS
Kelly Pinion County Clerk
Lubbock County TEXAS
02/26/2021 01:7 PM
FEE: $46.00
2021 09092