HomeMy WebLinkAboutResolution - 2021-R0164 - Eminent Domain, LOV-COT Electric Utility Easement 4.27.2021Resolution No. 2021-R0164
Item No. 7.11
April 27, 2021
RESOLUTION
WHEREAS, the City of Lubbock, Texas (the "City") has initiated the
Northwest to Mackenzie Transmission and Distribution Line Project ("Project"),
which requires, among other real property interests, the Property Interest, as
defined below;
WHEREAS, the construction and operation of the Project constitutes a
valid public use of the City and its citizens;
WHEREAS, the City made a written Initial Offer (herein so called) to the
landowner of record for the Property Interest, LOV-COT Industries (the
"Owner") on December 7, 2018;
WHEREAS, the City provided to the Owner of the Property Interest at
the time of presenting the Initial Offer, by certified mail, return receipt requested,
all appraisal reports produced or acquired by the City relating specifically to the
Owner's property prepared in the ten (10) years preceding the date of the Initial
Offer;
WHEREAS, the Initial Offer made by the City to the Owner of the
Property Interest did not include a confidentiality provision and further informed
the Owner of the Property Interest that such Owner had the right to (i) discuss
any offer or agreement regarding the City's acquisition of the Property Interest
with others; or (ii) keep the offer or agreement confidential, unless the offer or
agreement would be subject to Chapter 552 of the Texas Government Code (the
"Non Confidential Notice");
WHEREAS, the City did not receive a response from the Owner of the
Property Interest indicating that the Initial Offer was acceptable;
WHEREAS, the City made a written Final Offer (herein so called) to the
Owner of the Property Interest on April 10, 2019, said date being after the
thirtieth (30`h) day after the date on which the City made the Initial Offer to the
Owner of the Property Interest;
WHEREAS, along with such Final Offer, the Owner of the Property
Interest was provided a written appraisal from a certified appraiser of the value
of the Property Interest and the damages, if any, to any of the Owner's remaining
property;
WHEREAS, the Final Offer made to the Owner of the Property Interest
was equal to or greater than the amount of the written appraisal obtained by the
City;
WHEREAS, the Final Offer made to the Owner of the Property Interest
included (i) a copy of the written appraisal; (ii) copies of the Electric Utility
Easement, being the instrument proposed to convey the Property Interest (herein
so called) sought to be acquired by the City; (iii) the Landowner's Bill of Rights
statement prescribed by Section 21.0112 of the Texas Property Code; and (iv)
the Non Confidential Notice;
WHEREAS, the City provided the Owner of the Property Interest at least
fourteen (14) days to respond to the Final Offer and the Owner of the Property
Interest, by and through its counsel, declined the terms of the Final Offer within
that period;
WHEREAS, through subsequent negotiations, the City and the Owner of
the Property Interest agreed on the price and terms of the easement for the
Property Interest;
WHEREAS, certain title defects prohibit the ability of the City and the
Owner of the Property Interest to voluntarily transact, requiring the use of
eminent domain;
WHEREAS, the notice for the public meeting of the City Council of the
City in which this Resolution is considered, in addition to other information as
required by Subchapter C, Chapter 551, of the Texas Government Code,
expressly included the consideration by the City of Lubbock of the use of
eminent domain to condemn the Property Interest;
WHEREAS, in resolving the matters set forth herein, the motion to pass
and approve this Resolution was stated as "I move that the City of Lubbock,
Texas authorize the use of the power of eminent domain to acquire an Electric
Utility Easement, encumbering 0.1242 acres of real property owned by LOV
COT Industries, said tract being a portion of that property described in Volume
2848, Page 147, Real Property Records of Lubbock County, Texas, and located
at approximately the southeast corner of Loop 289 and Canyon Lake Drive,
Lubbock, Lubbock County, Texas, as more particularly described in Exhibit "A,"
to the Resolution now under consideration and on the overhead screen being now
displayed to the audience, for the public use of constructing and operating the
Northwest to Mackenzie transmission and distribution lines and related
appurtenances, in the City of Lubbock, Texas"; and
WHEREAS, after due consideration of the public interests to be furthered
by the public use of the Project in the City of Lubbock, Texas; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
F1
THAT the City Council has found, and again finds, that a public use and
necessity exists to construct and operate the Project to serve the citizens of the
City of Lubbock, Texas, and that the public welfare and convenience requires the
acquisition of the Property Interest, and the City of Lubbock, Texas does hereby
exercise its home -rule and statutory authority to acquire by eminent domain, an
Electric Utility Easement, encumbering 0.1242 acres, said tract being a portion
of that property described in Volume 2848, Page 147, Real Property Records of
Lubbock County, Texas, and located at approximately the southeast corner of
Loop 289 and Canyon Lake Drive, Lubbock, Lubbock County, Texas, as more
particularly described in Exhibit "A," attached hereto and made a part hereof by
reference (the "Property Interest'). The Council hereby further finds and
determines that the acquisition of the Property Interest is for a public use, to
serve the public and the citizens of the City of Lubbock, Texas.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City Council hereby authorizes and directs the filing and
prosecution of eminent domain proceedings by the City of Lubbock, Texas to
acquire the Property Interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City Council hereby finds that the Owner was the record title
owner of said Property Interest at the time of making the Initial Offer and Final
Offer. Without limiting the general authorization provided above, the City
Council further authorizes joinder of additional or differing owner or owners, or
claimant or claimants, of the Property Interest, if applicable, in the eminent
domain proceedings, and to condemn the interests of each such parties to acquire
the Property Interest.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City Council hereby authorized and directs notice of such
eminent domain proceedings by the City of Lubbock, Texas to be served by
publication in the same manner as service of citation by publication in other civil
cases in the district courts or county courts at law as provided by the Texas
Property Code Section 21.016(d)(3)
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
3
THAT the Director of Electric Utilities, or his designee, shall have the
authority to do all things necessary or appropriate to acquire the Property Interest
by eminent domain, including without limitation, the authority to expend funds
related to the prosecution of such eminent domain proceedings.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the recitals provided in this Resolution, as set forth above, are
specifically and expressly adopted by the City Council as express findings by the
City Council.
Passed by the i Council this 27th day of April, 2021.
DANIEL M. POPE, MAYOR
ATTEST:
Bee y Garza, City Secr tar
APPROVED AS TO CONTENT:
44-)Vt��
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
Je S rth LP&L General Counsel
EXHIBIT A
SECTION 17, BLOCK A
CITY OF LUBBOCK
VOL. 1361 PG. 298
LP&L NORTHWEST-TO-MACKENZIE
SECTION 17, BLOCK A
LUBBOCK COUNTY, TEXAS
I00P 289
NORTy
Vol. 690, P9 37
Public Rigor -Of -Way
I - L/
LF
\LOCATION SECTION 17, BLOCK A
\ LOV-COT INDUSTRIES, INC.
VOL, 2848 PG. 147
EASEMENT LINE TABLE
BEARING DISTANCE
LI
S 01°54'50" W
39.95"
L2
S 81002'29" W
140.69,
L3
NOS°5420" W
31.93,
L4
N 74°56'II" E
77.59'
L5
N 81°47'11" E
69.38'
GRAPHIC SCALE IN FEET V=1001
nnnnnr—I 1 I I�
o 50 75 100 125 150 200 no 300
NOTES:
HEAVY LINES DENOTE PLAT LIMITS
BEARINGS ARE RELATIVE TO GRID NORTH, TEXAS
COORDINATE SYSTEM OF 1983, NORTH -CENTRAL
ZONE, (2011; EPOCH 2O10.0)
180270/RAC bw/tr
LAND OWNER DEEDINFO
REV DATE BY
Point of Beginning: NW corner of Lot I, Scott
Laboratories Research and Development Addition
TXNC 4202 GRID COORDINATE
N - 7268985.54
E - 940497.46
FD. 1/2' I.R. w/CAP
LOT I
SCOTT LABORATORIES RESEARCH
5 DEVELOPMENT ADDITION
VOLUME 7305 PAGE 227
10-03-000
* No abstract of title or title commitment was provided to this surveyor.
Record research done by this surveyor was made only for the purpose of
determining the boundary of this property and of the adjoining parcels.
Record documents other than those shown on this survey may exist and
encumber this property.
A LEGAL DESCRIPTION BEARING THE SAME DATE
ACCOMPANIES THIS PLAT HEREWITH.
O- 1/2' Iron Rod w/Cap Set Unless Noted Otherwise
1*
:d and Associates, Inc.
FIELD NOTES: PARCEL 30
LP&L NORTHWEST-TO-MACKENZIE
SECTION 17, BLOCK A
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.1242-acre tract of land being a portion of that property described in Volume
2848, Page 147, Real Property Records of Lubbock County, Texas, said 0.1242-acre tract being further described as follows:
BEGINNING at a 1/2" iron rod with cap (RPLS 3906) found in the South right-of-way line of Loop 289, at the Northwest
corner of Lot 1, Scott Laboratories Research and Development Addition to the City of Lubbock, according to the map, plat,
and/or dedication deed thereof recorded in Volume 7305, Page 227, Real Property Records of Lubbock County;
L I- THENCE S. 01054'50" W., along the West line of said Lot 1, a distance of 39.95 feet to a 1/2" iron rod with cap marked
"HUGO REED ASSOC" set for the Southeast comer of this tract;
L2-THENCE S. 81 002'29" W. a distance of 140.69 feet to a 1/2" iron rod with cap marked "HUGO REED ASSOC" set for the
Southwest corner of this tract;
L3-THENCE N. 05054'20" W. a distance of 31.93 feet to a 1/2" iron rod with cap marked "HUGO REED ASSOC" set in the
South right-of-way line of said Loop 289 for the Northwest corner of this tract;
L4- THENCE N. 74056' 11" E., along said right-of-way line, a distance of 77.59 feet to a 1/2" iron rod with cap marked
"HUGO REED ASSOC" set for a point of intersection;
L5- THENCE N. 81047'11" E., continuing along said right-of-way line, a distance of 6938 feet to the Point of Beginning
Contains: 0.1242 acres.
Bearings relative to the Texas Coordinate System of 1983, 2011 (epoch 2010.0) North-Central Zone (4202)
A survey exhibit bearing the same date accompanies this description herewith.
Surveyed on the ground,
October 4, 2018
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas