HomeMy WebLinkAboutResolution - 2021-R0202 - Easement and Right of Way, Hancock Land Application SiteResolution No.2021-R0202 RESOLUTION
Item No. 7.11
June 8, 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 of Texas
("PUC") its Application ofthe 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 ofits 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 for the purpose of facilitating LP&L's integration into the Electric
Reliability Council of Texas and to provide services related to the foregoing (the
"Project");
WHE REAS, 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, the City owns certain land referred to as the Hancock Land
Application Site, which is along the Fiddlewood to Farmland 345 kV
Transmission Line, on which Oncor has built a portion of this transmission line
(the "Transmission Line") pursuant to a Temporary Construction Easement dated
January 12, 2021;
WHEREAS, Oncor needs a perpetual easement in place to operate the
Transmission Line, and Oncor and the City have agreed to the terms of such
operation as outlined in the easement attached hereto (the "Easement");
WHEREAS, the Easement covers only those lands identified in Exhibits A
and B attached thereto;
WHEREAS, the City agrees that Oncor may use the Lands to accomplish the purposes
outlined in the Easement and the Participation Agreement, subject to the terms provided
therein and for good and valuable consideration as agreed to between the City and Oncor;
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 Easement and Right of Way 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 Easement and Right of
Way, being 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 8`h day of June, 2021.
DANIEL M. POPE, MAYOR
ATTEST:
Bec y Garza, City Seer tary
APPROVED AS TO CONTENT:
�QaKcaz
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
Jent S th LP&L General Counsel
2022 0902
Line Name: Fidd lewood-Farm land
E-301056
WA#
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LYNN §
That the City of Lubbock, hereinafter called "Grantor," whether one or more, for
and in consideration of Ten and no/100 Dollars ($10.00) and other valuable
consideration to Grantor in hand paid by Oncor Electric Delivery Company LLC, a
Delaware limited liability company, 1616 Woodall Rodgers Freeway, Dallas, Texas
75202-1234, hereinafter referred to as "Grantee", has granted, sold and conveyed and
by these presents does grant, sell and convey unto said Grantee, its successors and
assigns, an easement and right-of-way for electric power and communications lines,
each consisting of variable number of wires and cables, and all necessary or desirable
appurtenances including supporting structures, foundations, guy wires and guy
anchorages (the "Facilities") over, under, across and upon all that certain tract(s) of
land located in Lynn County, Texas, more particularly described in Exhibits A and B,
attached hereto and made part hereof, and by its conveyance of this easement and
right-of-way, Grantor consents to the route as described on the exhibits attached
hereto.
Together with: (1) the right of ingress and egress over and along the easement
and right-of-way, for the purpose of and with the right to construct, operate, improve,
reconstruct, replace, repair, inspect, patrol, maintain, or remove such electric power
and communications lines or other Facilities as the Grantee may from time to time find
necessary, convenient or desirable to erect thereon during the initial construction of
the Facilities or at any time thereafter; (2) the right to install gates in all existing and
future fences crossing the easement and right-of-way, provided such gates will be
installed in a manner that will not weaken such fences and such gates are locked after
use by Grantee; (3) the right to relocate its facilities along the same general direction
of said lines; (4) the right to trim and cut down trees and shrubbery on the easement
and right-of-way, including by use of herbicides or other similar chemicals approved
by the U. S. Environmental Protection Agency, to the extent, in the reasonable
judgment of the Grantee, necessary to prevent possible interference with the
operation of said lines or to remove possible hazard thereto; and (5) the right to
remove at Grantor's expense or to prevent the construction on the easement and right-
of-way of any or all buildings, structures and obstructions (but such right does not
prohibit Grantor from installing curb cuts, sidewalks, or driveways, or other
improvements with a height no greater than five feet (6) which do not prevent
Grantee's unimpeded vehicular access along the entire length of the easement and
right-of-way in accordance with the terms of this Easement and Right of Way).
Grantor shall not make or cause any changes in grade, elevation, or contour of
the land (except those activities, excluding terracing, associated with normal
agricultural activities and activities related to environmental soil sampling, provided
such activities voluntarily meet all OSHA clearance requirements) within the easement
and right-of-way described herein without first providing advance notice and obtaining
prior written consent to do so from Grantee. If written consent is not obtained prior to
any action by Grantor that causes any changes in grade, elevation, or contour of the
land within the easement and right-of-way, Grantor shall, upon demand from Grantee
, at Grantor's expense, restore the easement and right-of-way to its previously existing
condition, or, reimburse Grantee fully for the cost of adjusting its Facilities as
necessary to accommodate the change in grade, elevation, or contour of the land
within the easement and right-of-way in the event Grantor fails to promptly restore the
grade, elevation, or contour to its previously existing condition.
Grantor shall not perform any excavations, trenching, or other soil disturbing
activities (except those activities, excluding terracing, associated with normal
agricultural activities) that, in the reasonable judgment of Grantee, will endanger the
integrity of the supporting structures and/or foundations or other Facilities, as
applicable, or perform any other activities that may, in the sole judgment of Grantee,
remove, reduce, or adversely affect or impact the lateral support of the supporting
structures and/or foundations or other Facilities, as applicable, without first providing
advance notice and obtaining prior written consent to do so from Grantee. If prior
written consent is not obtained by Grantor prior to performing any excavation,
trenching or other soil disturbing activity that endangers the integrity of the supporting
structures or foundations or other Facilities, as applicable, Grantor shall, upon demand
from Grantee, at Grantor's expense, restore the easement and right-of-way to its
previously existing condition, or, reimburse Grantee fully for the cost of adjusting its
Facilities as necessary to accommodate the excavation, trenching, or soil disturbing
activity in the event Grantor fails to promptly restore the easement and right-of-way to
its previously existing condition or cannot do so.
Grantor reserves the right to use the easement and right of way area provided
such use shall not include the growing of trees thereon or any other use that might, in
the reasonable judgment of the Grantee, interfere with the exercise by the Grantee of
the rights hereby granted. Grantor further reserves the right to lay out, dedicate,
construct, maintain and use across said strip such roads, streets, alleys, railroad
tracks, underground telephone cables and conduits and gas, water and sewer pipe
lines as will not interfere with Grantee's use of said land for the purpose aforesaid,
provided all such facilities shall be located at angles of not less than 45 degrees to
any of Grantee's lines, and shall be so constructed as to provide with respect to
Grantee's Facilities the minimum clearances provided by law and recognized as
standard in the electrical industry, as same may change from time to time. Grantor
also reserves the right to erect fences not more than 8 feet high across said land,
provided all such fences shall have gates, openings, or removable sections at least
2
16 feet wide which will permit Grantee reasonable access to all parts of said land.
Should Grantee later determine that a width greater than 16 feet is necessary, then
Grantee shall have the right granted above to install additional or wider gates at its
sole discretion, but the installation of such additional or wider gates shall be at the
sole expense of Grantee. Notwithstanding anything provided herein, Grantor retains
the right, with respect to all Grantor infrastructure currently on the surface of or below
the surface of this easement and right of way (such easement and right of way more
particularly described in Exhibits A and B attached hereto), to operate, replace, repair,
inspect, patrol, reconstruct, improve, and/or maintain, as necessary, such
infrastructure within its location as of the date of this Easement and Right of Way.
Grantor further retains the right to reasonably expand its existing facilities, provided
such expansion is performed according to good utility practice and such expansion
does not materially interfere with the rights granted to Grantee herein and allows
Grantee's facilities and operations to continue in compliance with applicable law.
Grantor shall have the right to remove from the easement and right-of-way any
employee, contractor or subcontractor of Grantee who accesses the easement and
right-of-way in an unmarked vehicle and fails to provide, upon request of Grantor,
identification which reasonably identifies such person as an employee, contractor or
subcontractor of Grantee.
Grantor retains all right, title, and interest in and to all oil, gas, and other
minerals (whether by law classified as part of the mineral estate or the surface estate)
and groundwater in, on, and under the strip or land described herein; provided,
however, that Grantor shall not be permitted to drill for oil, gas, and other minerals,
and groundwater from and under said strip of land but Grantor may extract oil, gas,
and other minerals, and groundwater from and under said strip of land by directional
drilling, mining, or other means, so long as Grantee's use of said strip is not disturbed,
which use shall include the right of Grantee to physical and/or lateral support for the
Facilities, as well as the right that the Facilities shall not be endangered, obstructed,
or interfered with by such operations.
In addition to the consideration above recited for the easement and right-of-
way hereby granted, the Grantee will pay to the owner of the land, and, if leased, to
his tenant, as they may be respectively entitled for actual damages to fences and
growing crops and improvements located on the easement and right-of-way caused
by reason of the construction, maintenance, addition or removal of said lines;
provided, however, that no such payment will be made for trimming or removal of trees
growing on the easement and right-of-way, nor for removal of buildings, structures, or
obstructions erected upon the easement and right-of-way after granting of this
easement and right-of-way.
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 easement.
TO HAVE AND TO HOLD the above described easement and right-of-way unto
the said Grantee, its successors and assigns, until all of said lines and other Facilities
shall be abandoned, and in that event said easement and right-of-way shall cease and
all rights herein granted shall terminate and revert to Grantor or Grantor's heirs,
successors or assigns; and Grantor hereby binds Grantor and Grantor's heirs,
successors, assigns, and legal representatives, to warrant and forever defend the
above described easement and right-of-way unto Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same or
any part thereof. This easement may be assigned in whole or in part.
(THIS SPACE INTENTIONALLY LEFT BLANK)
in
EXECUTED this . day of
otil
GRANTOR: The City of Lubbock
Sig
2021.
Daniel M. Pope
MAYOR OF THE CITY OF LUBBOCK, TEXAS
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on ,
20:Xj, by Daniel M. Pope, Mayor 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 � day
of , A.D. 2021.
------- - -
Y CAITLYN E. ENGLISH
Notary Public, State of Texas
Notary IDA 13165641.1
My Commission Expires 07•25.2022
Notary Public
G
EXECUTED this ' day of 2021.
GRANTEE: Oncor Electric Delivery Company LLC
4 ) N.,
By: r
Name:Wilson Peppard
Title: Attorney -in -Fact
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Wilson
Peppard, as the Attorney -in -Fact of Oncor Electric Delivery Company LLC, 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.
74
GIVEN UNDER MY HAND AND SEAL OF OFFICE thiSay of A. D.
2021.
��.�'!y, ",LARA S. DALE
'.' Notary Public, State of Texas —Nufary Public in and for - a State of Texas
. 4? Comm. Expires 03-11-2023
Notary ID 128354804
After recording, return to:
Laura De La Paz
Oncor Electric Delivery Company
115 W 7th Street, Suite 505
Fort Worth, Texas 76102
5
ONCOR ELECTRIC DELIVERY 53356-ESMT-CCN 34 R1
FIDDLEWOOD (NEW OLIVER) - FARMLAND 345 KV LINE SAM JOB NO. 53356
345 KV TRANSMISSION LINE EASEMENT SHEET 01 OF 03
CCN NO. 34 - THE CITY OF LUBBOCK
EASEMENT NO. E-301056
EXHIBIT `A'
CCN NO. 34 - THE CITY OF LUBBOCK
9.314 ACRES OR 405,707 SQUARE FEET
175 FOOT WIDE TRANSMISSION LINE EASEMENT
BEING A 9.314 ACRE TRACT OF LAND LOCATED IN LEAGUE 3, WILSON COUNTY SCHOOL LAND SURVEY, ABSTRACT
NO. 112, LYNN COUNTY, TEXAS, AND BEING A PART OF A TRACT OF LAND DESCRIBED AS TRACT 3 IN LEAGUE 3
OF EXHIBIT "A" 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 1-INCH IRON PIPE FOUND IN THE NORTH LINE OF SAID CITY OF LUBBOCK TRACT, SAID POINT
OF BEGINNING HAVING GRID COORDINATES OF N:7184370.37, E:976013.66;
THENCE CROSSING SAID CITY OF LUBBOCK TRACT, THE FOLLOWING TWO (2) COURSES AND DISTANCES:
SOUTH 01 DEGREES 42 MINUTES 34 SECONDS WEST, A DISTANCE OF 102.54 FEET TO A CALCULATED
POINT;
SOUTH 13 DEGREES 44 MINUTES 31 SECONDS EAST, A DISTANCE OF 1,873.41 FEET TO A CALCULATED
POINT IN THE EAST LINE OF SAID CITY OF LUBBOCK TRACT;
THENCE SOUTH 01 DEGREES 42 MINUTES 16 SECONDS WEST, WITH THE EAST LINE OF SAID CITY OF LUBBOCK
TRACT, A DISTANCE OF 342.27 FEET TO A CALCULATED POINT AT THE SOUTHEAST CORNER OF SAID CITY OF
LUBBOCK TRACT, FROM WHICH A 1/2-INCH IRON FOUND AT THE NORTHEAST CORNER OF SAID LEAGUE 3, BEARS
NORTH 65 DEGREES 54 MINUTES 13 SECONDS EAST, A DISTANCE OF 5,165.03 FEET;
THENCE NORTH 88 DEGREES 191VIINUTES 35 SECONDS WEST, WITH THE SOUTH LINE OF SAID CITY OF LUBBOCK
TRACT, A DISTANCE OF 175.00 FEET TO A CALCULATED POINT;
.\saminc\DAL\PROJECTS\1020053356\100\Survey\07Descriptions\53356-ESMT-CCN 34_Rl.docx
ONCOR ELECTRIC DELIVERY 53356-ESMT-CCN 34 R1
FIDDLEWOOD (NEW OLIVER) - FARMLAND 345 KV LINE SAM JOB NO. 53356
345 KV TRANSMISSION LINE EASEMENT SHEET 02 OF 03
CCN NO. 34 - THE CITY OF LUBBOCK
EASEMENT NO. E-301056
EXHIBIT `A'
CCN NO. 34 - THE CITY OF LUBBOCK
9.314 ACRES OR 405,707 SQUARE FEET
175 FOOT WIDE TRANSMISSION LINE EASEMENT
THENCE CROSSING SAID CITY OF LUBBOCK TRACT, THE FOLLOWING THREE (3) COURSES AND DISTANCES:
NORTH 01 DEGREES 42 MINUTES 16 SECONDS EAST, A DISTANCE OF 318.63 FEET TO A CALCULATED
POINT:
NORTH 13 DEGREES 44 MINUTES 31 SECONDS WEST, A DISTANCE OF 1,873.42 FEET TO A CALCULATED
POINT;
NORTH 01 DEGREES 42 MINUTES 34 SECONDS EAST, A DISTANCE OF 126.37 FEET TO A CALCULATED
POINT IN THE NORTH LINE OF SAID CITY OF LUBBOCK TRACT;
THENCE SOUTH 88 DEGREES 15 MINUTES 44 SECONDS EAST, WITH THE NORTH LINE OF SAID CITY OF LUBBOCK
TRACT, A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 405,707 SQUARE FEET OR
9.314 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.
1ST
T
ST F`
KYLE T. GARNER
12-17-2020 6704
E T. GARNER F
REGISTERED PROFESSIONAL 9'L� S U Rv
LAND SURVEYOR NO. 6704, STATE OF TEXAS
TEXAS FIRM REGISTRATION NO. 10064300
DATE: 12/17/2020
\sammc\DAL\PROJECTS\1020053356\100\Survey\07Descriptions\53356-ESMT-CCN 34 Rl.docx
GRAPHIC SCALE EXHIBIT ,B,
0 300 600 1200
E-301056
(IN FEET)
1 INCH =600 FT
LEAGUE2
W/L SON COUNTY SCHOOL
LAND SURVEY
ASSTRACTNO. III
L YNA/ COUNTY, TEXAS
N
50
Z }
0
3
cr O
r ~
Y =
Q
I
- Go
'
� I
Q
LEGEND
O
CCN TRACT NO. 33
NORMA JEAN KITTEN AND FRANKLIN KITTEN
VOLUME 447. PAGE 791
O.P.R.L.C.T.
COUNTY ROAD NO. 7
LEAGUE 3
W!L SON COUNTY SCHOOL
LAND SURVEY
ABSTRACT NO. 112
L YNN COUNTY TEXAS
LINE TABLE
NUMBER
BEARING
DISTANCE
L1
S01'42'34"W
102.54'
L2
S13*44*31 "E
1873.41'
L3
S01'42'16"W
342.27'
L4
N88'19'35"W
175.00'
L5
N01'42'16"E
318.63'
L6
N1344'31"W
1873.42'
L7
N01'42'34"E
126.37'
L8
S88'15'44"E
175.00'
CCN TRACT NO. 35
MELBA JANICE DUBE, INDMDUALLY AND AS
INDEPENDENT EXECUTRIX
OF THE ESTATE OF
LEONARD GILBERT DUBE, DECEASED
CAUSE NO. 2019PROD13
PROBATE RECORDS L.C.T.
BEING DESCRIBED AS TRACT NO. 4 IN LEAGUE 3
VOLUME 57, PAGE 37
D.R.L.C.T.
CCN NUMBER
D.R.L.C.T.
DEED RECORDS
LYNN COUNTY, TEXAS
O.P.R.L.C.T.
OFFICIAL PUBLIC RECORDS
LYNN COUNTY, TEXAS
P.O.B.
POINT OF BEGINNING
P.O.R.
POINT OF REFERENCE
CALCULATED POINT
OO
1" IRON PIPE FOUND
— — — — —
PROPOSED EASEMENT
-
PROPOSED EASEMENT CENTERLINE
- -
APPROXIMATE LOCATION
OF ABSTRACT LINE
PROPERTY LINE
II
I
I
I
I
II
II
ILa
PROPOSED 175'
WIDE TRANSMISSION
LINE EASEMENT -
9.314 ACRES
(405,707 S.F.)
q-2,318.32'
PARENT TRACT MAP &
LOCATION OF EASEMENT
s
(NOT TO SCALE)
P.O.B.
GRID COORDINATES
N:7184370.37
E-976013.86
CCN TRACT N0. 34
THE CITY OF LUBBOCK,
A TEXAS HOME RULE MUNICIPAL
CORPORATION
VOLUME 327, PAGE 624
TRACT 3 IN LEAGUE 3 OF EXHIBIT "A"
O.P.R.L.C.T.
a
0
0 �
ry�W�W
JZ J ►�. I�.
WJy�4
V
a
J
/ OF T
12-17-2020 ,KYLE T. GARNER
KYLE T. GARNER 6704
REGISTERED PROFESSIONAL LAND -.,Po �P
SURVEYOR NO. 6704, STATE OF TEXAS -V .ESS 'y0
TEXAS FIRM REGISTRATION NO.10064300 �� S U R�
NOTES:
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 WITHOUT THE BENEFIT OF A TITLE CERTIFICATE.
4. THIS EXHIBIT DOES NOT REFLECT ANY UNDERGROUND UTILITIES, EASEMENTS OF
RECORD OR OTHER ENCUMBRANCES THAT MAY AFFECT THE SUBJECT TRACT.
OF
SHEET 03 OF 03
PROJECT: FIDDLEWOOD (NEW OLIVER) - FARMLAND ONCOR ELECTRIC DELIVERY
JOB NUMBER: 53356 9.314 ACRES OR 405,707 SQUARE FEET
DATE: 12 17 2020 345KV TRANSMISSION LINE EASEMENT E
SCALE: 1"=600' FIDDLEWOOD (NEW OLIVER) - FARMLAND 345 KV LINE R
CCN NO.: 34 LEAGUE 3, WILSON COUNTY SCHOOL LAND SURVEY
ABSTRACT NO.112
DRAWN BY: CJC I ,".. rnuuTv ..
The Lynn County Clerk has added this
e to document # 2022 0902
page
in order to add record irrg-information.
FILED FOR RECORD
AT t O'CLOCIt-M
ON THE 4 DAY OF�
A.D., aZ�
Instrument # `-' "If
Inthe qL Records
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
KW,*," s o
Karen Strickland
COUNTY CLERK, LYNN COUNTY, TEXAS
�qY C R
°ouHt'�