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Home My WebLink AboutResolution - 2022-R0076 - Electric Utility Easement - LP&L and PycoResolution No. 2022-R0076 Item No. 7.20 February 8, 2022 RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock ("LP&L"); WHEREAS, by resolution EUB 2021-0038 ("Resolution"), the Electric Utility Board of the City of Lubbock, has approved the migration of Lubbock Power & Light's Unaffected Load (defined therein) from the Southwest Power Pool ("SPP") into the Electric Reliability Council of Texas ("ERCOT"); WHEREAS, the Electric Utility Board of the City of Lubbock and the City Council of the City of Lubbock have approved through adoption of the budget for Lubbock Power & Light, Capital Improvement Project 92727, Substation Capacity Upgrade — Co-op providing for, among other things, the expansion of the LP&L Coop Substation and requisite facilities expansion and/or improvements (the "Electric Project"); WHEREAS, the Electric Project serves the public interest of the citizens of the City of Lubbock in providing needed electric utility infrastructure improvements as a necessary predicate for the migration of Lubbock Power & Light's Unaffected Load (defined in the Resolution) from SPP into ERCOT ("Electric Facilities"); WHEREAS, to complete the Electric Project, LP&L is in need of a perpetual easement for the Electric Facilities across the property of Pyco Industries, Inc. (the "Grantor"), as more particularly described in Exhibit A to the attached Electric Utility Easement (the "Property Interest"); WHEREAS, LP&L has engaged in negotiations with the Grantor of the Property Interest and has agreed on a purchase price of One Thousand Two Hundred Seventy - Seven and No/100 Dollars ($1,277) for the Property Interest; WHEREAS, after due consideration of the public interests to be furthered by the public use of the Electric Project in the City of Lubbock, Texas; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby approves the Electric Utility Easement from Pyco Industries, Inc. to the City of Lubbock, as attached hereto as Exhibit 1, and approves payment of consideration in the amount of One Thousand Two Hundred Seventy - Seven and No/100 Dollars ($1,277), and any additional costs that may be necessary to acquire the Property Interest. Passed by the City Council this 8ch day of February, 2022. DANIEL M. POPE, MAYOR ATTEST: Rebe ca Garza, �BvM Se et y C illf APPROVED AS TO CONTENT: F L � lair McGinnis, Chief Oper`ating Officer APPROVED AS TO FORM: Hunter Harrison, LP&L Electric Utilities Attorney Resolution No. EUB 2022-R0005 RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned electric utility of the City of Lubbock ("LP&L"); WHEREAS, by resolution EUB 2021-0038 ("Resolution"), the Electric Utility Board of the City of Lubbock, has approved the migration of Lubbock Power & Light's Unaffected Load (defined therein) from the Southwest Power Pool ("SPP") into the Electric Reliability Council of Texas ("ERCOT"); WHEREAS, the Electric Utility Board of the City of Lubbock and the City Council of the City of Lubbock have approved through adoption of the budget for Lubbock Power & Light, Capital Improvement Project 92693, Distribution System Upgrade — Improvements — Expansion, and Capital Improvement Project 92694, Substation 25 kV capacity upgrades providing for, among other things, the expansion of the LP&L Coop Substation and requisite facilities expansion and/or improvements (the "Electric Project"); WHEREAS, the Electric Project serves the public interest of the citizens of the City of Lubbock in providing needed electric utility infrastructure improvements as a necessary predicate for the migration of Lubbock Power & Light's Unaffected Load (defined in the Resolution) from SPP into ERCOT ("Electric Facilities"); WHEREAS, to complete the Electric Project, LP&L is in need of a perpetual easement for the Electric Facilities across the property of Pyco Industries, Inc. (the "Grantor"), as more particularly described in Exhibit A to the attached Electric Utility Easement (the "Property Interest"); WHEREAS, LP&L has engaged in negotiations with the Grantor of the Property Interest and has agreed on a purchase price of One Thousand Two Hundred Seventy - Seven and No/100 Dollars ($1,277) for the Property Interest; WHEREAS, after due consideration of the public interests to be furthered by the public use of the Electric Project in the City of Lubbock, Texas; NOW THEREFORE, BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT the Electric Utility Board hereby approves the Electric Utility Easement from Pyco Industries, Inc. to the City of Lubbock, as attached hereto as Exhibit 1, and approves payment of consideration in the amount of One Thousand Two Hundred Seventy -Seven and No/100 Dollars ($1,277), and any additional costs that may be necessary to acquire the Property Interest, and further recommends approval by the City Council to approve and authorize same. �r.i�titf�i'��..'..�i:tir, •�ti:; :;ltiti,.'-.�-•c��f... _ _ ";r:: - __ ___u.�.�.:..�_._..: �._�.._._....-- - ...,.�.,...F_ BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT this Resolution shall be null and void if the City Council shall not likewise approve and authorize the attached Electric Utility Easement within thirty (30) days of the date hereof. Passed by the Electric Utility Board this 18th day of January, 2022. DAN ODOM, CHAIRMAN ATTEST: APPROVED AS TO CONTENT: 0 — — k FYI ka—a — David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Z--�� - Hunter Harrison, LP&L Electric Utilities Attorney Resolution No. 2022-R0076 2022009074 6 PGS EASE c ■III K IFACAVI WO H, W IUM 11111 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: THAT, Pyco Industries, Inc. (the "GRANTOR"), for and in consideration of Ten and NO/100 Dollars ($10.00), and other good and valuable consideration, to GRANTOR in hand paid by the CITY OF LUBBOCK, a Texas home rule municipal corporation, which is located in Lubbock County, Texas, and whose mailing address is 1314 Ave. K, 5`h Floor, Lubbock, Texas 79401 ("GRANTEE") has granted, sold, and conveyed and by these presents does grant, sell and convey unto the GRANTEE perpetual, exclusive and unobstructed easements and rights of way (collectively, the "EASEMENT") for the purposes of erecting, operating, maintaining and servicing thereon one or more underground and/or above ground electric transmission and electric distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchors, and structural components (collectively referred to herein as the "FACILITIES"), in, on, over, under and across that certain real property situated in Lubbock County, Texas, being approximately 0.1316 acres and of a maximum width of sixty-three feet (63'), and being more particularly described in Exhibit "A", attached hereto and incorporated into this document by reference (the "EASEMENT PROPERTY"). GRANTEE shall have the right of ingress, egress and regress in, on, over, under and across the EASEMENT PROPERTY by means of foot, vehicle, or mechanized equipment, including without limitation mechanical power equipment, including trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows, skidders, and yarders, or other similar equipment for the purposes of and right to construct, maintain, operate, improve, reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove or replace such FACILITIES and related activities ("Purposes") within the EASEMENT PROPERTY as GRANTEE may from time to time find necessary, convenient or desirable, along with all rights necessary or convenient for full use and enjoyment of the above grant, including access over, across and upon the EASEMENT PROPERTY. GRANTEE may only use the EASEMENT PROPERTY for such uses not described above upon the express written consent of GRANTOR. GRANTEE acknowledges GRANTOR's right to recover actual monetary damages arising from the construction, operation, repair, maintenance, inspection, replacement, and future removal of lines and support facilities after initial construction in the easement, if any. GRANTEE agrees to restore the EASEMENT PROPERTY and the remaining property to the EASEMENT PROPERTY's and the remaining property's original contours and grades, to the extent reasonably practicable, unless the safety or operational needs of GRANTEE and the FACILITIES would be impaired, in GRANTEE'S sole discretion. GRANTEE further agrees to restore the easement area and GRANTOR's remaining property following any future damages directly attributed to the use of the EASEMENT PROPERTY by GRANTEE, to the extent reasonably practicable, unless the safety or operational needs of GRANTEE and the FACILITIES would be impaired, in GRANTEE's sole discretion. GRANTEE shall have the right to trim or remove trees or shrubbery within said EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to prevent possible interference with the efficiency, safety and/or convenient operation of the FACILITIES or to remove possible efficiency, safety or operational hazards thereto. GRANTOR shall not make changes in grade, elevation or contour of the EASEMENT PROPERTY or impound water within, over and/or across the EASEMENT PROPERTY without prior written consent of GRANTEE. 2 GRANTOR, for himself, his heirs, devisees, successors and assigns, subject to the terms herein, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other purposes that will not interfere with the GRANTEE'S full enjoyment of the EASEMENT and/or the exercise of GRANTEE's rights hereunder. GRANTOR acknowledges the EASEMENT granted herein is exclusive, so as to exclude all other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however, the EASEMENT is nonexclusive as to GRANTOR'S right to use the EASEMENT PROPERTY in accordance with the terms hereof. GRANTEE may not grant a third party access to the EASEMENT PROPERTY for any purpose unrelated to the Purposes. Notwithstanding anything herein, GRANTEE's third party contractors may utilize and access the EASEMENT PROPERTY as provided herein as it relates to the Purposes. . GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to (i) install gates on fence lines within the EASEMENT PROPERTY and to keep such gates locked, at its discretion; and (ii) trim or remove trees as provided herein within the EASEMENT PROPERTY. GRANTEE shall have the right to remove, cut, use, repair, gates and fences within the EASEMENT PROPERTY. GRANTEE shall reasonably compensate GRANTOR for any such damage to gates and fences as provided in this paragraph, if any. GRANTOR represents and warrants to GRANTEE that as of the execution date hereof, no buildings, structures, signs, obstructions or other facilities or improvements of any kind ("UNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not construct, and GRANTEE shall have the right to prevent the construction of, UNPERMITTED STRUCTURES on the EASEMENT PROPERTY and if any UNPERMITTED STRUCTURES are hereafter constructed or permitted by GRANTOR to exist within the EASEMENT PROPERTY without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the same and 3 GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal. The EASEMENT shall constitute a covenant running with the land and shall bind and inure to the benefit of GRANTOR and GRANTEE, and their heirs, devisees, successors, and assigns. GRANTOR may not assign this EASEMENT or any related interest thereof to any third party that will not operate as a utility subject to the jurisdiction of the Public Utility Commission of Texas or the Federal Energy Regulatory Commission without written notice to the property owner at the last known address of the person in whose name the property is listed on the most recent taxing unit authorizing to levy property taxes against the property. TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described EASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise. WITNESS THE EXECUTION HEREOF as thel4th day of January 2022 [Signature page follows] 4 GRANTOR: PYCO I STRIES, INC Robert Lacy, Jr., Pr ide and Chief Executive Officer GRANTOR: PYCO INDUSTRIES, INC. THE STATE OF § COUNTY OF � § This instrument was acknowledged before me on 14 , 2022, by Robert Lacy, Jr., President and CEO of Pyco Industries, Inc. a Texas non-p fit core tion, on behalf of said non-profit corporation. LISA BUXTON Notaryr l(K 8900e AFTER RECORDING RETURN TO: Belen Gomez Right -of -Way Agent City of Lubbock 1314 Ave. K, 7" Floor 5 Lubbock, Texas 79401 L00.� Notary Public, State of Texas My commission expires: 2_- `40,96 EXHIBIT "A" O 69 I' Line Table Line 0 Length Direction L I 5.17 S05" 25.06"W L2 441.09 N69"46'14"W L3 30.01 N01a44.29"E L4 58.00 S88" I5'31"E L5 262.00 N01"44'298E L6 6.32 S50" 32'33"E L7 30391 S01'44'29"W L8 374.99 S69" 46.308E Plat Showing Survey of a 0.1316 Acre Underground Utility Easement Being a Portion of Blocks 35 and 36, Coronado Addition and porllous of Blocks 69, 70 and 71 Including Portions of Adjacent Closed Streets Wheelock's 2nd Addition to the City of Lubbock Lubbock County, Texas _ atAlrf4c� a. I,, �ao m Surveyed on the ground. \ \ \ m August 13. 2021 / Revised October 21. 2021 to modify boundary. \ Revised January 2, 2022 to correct recording information for W heelock's 2nd Add.tian plat. 36 \ edge \ Revised January 11, 2020 to correct typo. /L1pN,j110t1/ f RRgDOOR/ G o3Apoil. `@ o �p�rN(Ia�t�>s 4pPo�4 (, Vd' .1316 Ac. 5731 Sq. Ft. P.O.B. 70 t / SEE DETAIL WHEE L OCK21Y0 ADON. M Fix 4,66 F 4PT i NT mix, J / W SWTHAL=1 4 YCOWANY n_! 0 - FOUND 1/2" I.R. w/CAP (HRA) t DETAIL "A" O - FOUND I&' I.R. • - SET 1/2" I.R. w/CAP (HRA) (r) Robert A. Christopher Registered Professional Land St�v yen N\7 Licensed State Land Surveyor 0.6790 Ac State of TexirO\ f 36 ,�. & pope r°N p � 71 BEARINGS RELATIVE TO GRID NORTH, TEXAS COORDINATE SYSTEM OF 1983. NORTH -CENTRAL ZONE. DISTANCES ARE SURFACE. U.S. SURVEY FEET. 20210850-IG/RAC FILED AND RECORDED OFFICIAL PUBLIC RECORDS Kelly Pinion County Clerk Lubbock County TEXAS 02/24/2022 09:4 AM FEE: g46.00 2022009074 METES AND BOUNDS DESCRIPTION ofa 0 1316 acre tract bang a portion of Blocks 35 ..it 36, Coronado Addition to the City of Lubbock, accordmg to the map, Plat, andror dedication deed thereof rceordM rn Volume 1192. Page 341, and Volume 930, Page 195. Deed Records of Lubbock County, Texas (DRLCr), and pomons of Blocks 69, 70 and 71. mdudmg portions ofadjacenl closed streets. Wheelades Second Addition to the City of Lubbock, according to the m,p, plat, and'or dedication deed thereof recorded m Volume 26, Page 46 DRLCr .,it 0.6790 acre tract being further described as fall-: BEGINNING a1 a 12" rmn rod with cap marked "IIUGO REED ASSOC' fowrd m the South line of said Block 36, Coronado Addition, at the Southeast comer of that 0.93 acre tract d-bed in Volume 1417, Page 475, DRLCr, in the West Ime ofa 0.6790 acre tract which bears N. 69.4670" E, a distance of 375.00 feet fmm the original SouUv-;1 comer of said Block 36; TI IENCE S. 05"25'06" W., a distance of 5 17 fret io n 12" uon nd .uh a rp marked "I IUGO REED ASSOC" found In the Southeast comer of Ins 1m d; THF.NCEN.69"46.14"F..,adpta... f441.09f itoa 1/2'-sodxrthcap marked "I IUGO REED ASSOC" set for the Soulhweal comer of tha trot. THENCE N. 014429"E.,a distance of30.00feet to. l/2"m,.mdwiihcsp marked "IIUGO RE€D ASSOC" for an exlenvr miner ofth.s tract. THENCE S. 884531" E, a distance of 58.00 feel to a 1/2" rmn rat woh cep marked "1I000 REED ASSOC" sct for en mtenor comer of this Imo, TI IENCE N. 01'44'29' E., a disance of 262.00 fen m a 12" uon rod with cap marked "HUGO REED ASSOC" set in the Souuh right-of-way line ofComnado Drive, in the North line ofssid Block 35, for the Northwest comer of this tint, THENCE S. 50"32'33" E.. along the South right -of -ay line of Coronado Drive and the North hncofsaid Block 35,adowceof632 li ttoa l2"Imnrodwdh cap marked "HUG0 REED ASSOC" set N, the Northeast comer of said Block 35 aed the Nonhwmt comer ofsa+d Block 36 for tie most Easterly Northeast comer of this lrack THENCE S. 01`44'29' U' , along the %Vest line of said Block 36 and the Last line ofsaid Block 35, a distance of 303.91 to a point for the Southwest comer ofsa l Block 36 and the Southeast comer of said Block 35 and a miner ofthis ,noel; THENCE S. 69'4630" E., along the South line of said Black 36, a distance of 374.99 feet to the Point of Beginning. 4€A�OF r -�eMbrb sa"ns,aagvaasaborb arwP PLO%aF asse4 ar.aap a. awmralro o"esr ebb Np.pasM mu,aea stir. re, oars sew w.'�..w �m R08ERfApNRTORER oaab. ure.°�orro. e9oFE COPYRIGHT 2022 HUGO REED a ASSOCIATES, INC. H p ASSOCIATES, O REED v LAND SURVEYORS 1601 AVENUE CIVIL ENGINEERS LUBBOCK TEXAS 79401 '°°0 PHFAX:806 `Nw sra sumrtn�ax r1w i 7631B91 Lubbock Power & Light Electric Utility Easement Compensation 1314 Ave. K, 51h Floor Lubbock, TX 79401 Negotiated Payment Schedule Project Name: Pyco Electric Utility Easement Owner: Pyco Industries, Inc. Parcel Description: a 0.1316 acre tract being a portion of Blocks 35 and 36, Coronado addition to the City of Lubbock, according to the map, plat, and/or dedication deed thereof recorded in Volume 1192, Page 341, and Volume 930, Page 195, Deed records of Lubbock County, Texas, as more particularly described therein. County: Lubbock Easement Acquisition Final Settlement Electric Utility Easement $1,277 Total Considgrajion $1,277 Landowner Signature: Date: �2 —2 3 - ;Z02 2 l Landowner Printed Name: bed �•�� _ _ _