HomeMy WebLinkAboutResolution - 2022-R0207 - VOID - Superceded by Resolution No. 2022-R0285Resolution No. 2022-RO207 **VOID RESOLUTION NO. 2022-R0207* *
Item No. 7.44 Superceded by Resolution No. 2022-RO285
April 26, 2022
RESOLUTION
WHEREAS, the Electric Utility Board of the City of Lubbock has approved, and
recommended adoption to the City Council of the City of Lubbock, that certain
Capital Improvement Project providing for the Red Raider Substation Distribution
Feeders (the "Electric Project");
WHEREAS, the City Council of the City of Lubbock has approved, through
adoption of the budget for Lubbock Power & Light, 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 reliability related
improvements ("Electric Facilities");
WHEREAS, to complete the Electric Project, LP&L is in need of a Permanent
Right of Access and Use from Texas Tech University (the "Grantor"), as more
particularly described as Easement #2 in Exhibit A to the attached Permanent Right
of Access and Use, attached hereto (the "Property Interest");
WHEREAS, LP&L has engaged in negotiations with the Grantor of the Property
Interest and Grantor has agreed to the terms of the Permanent Right of Access and
Use, subject to Board of Regents approval, as attached hereto and incorporated
herein, 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 of the City of Lubbock hereby approves the Permanent Right
of Access and Use from Texas Tech University to the City of Lubbock, as attached
hereto and incorporated herein as though fully set forth herein in detail, regarding a
48,311 square foot tract of land located in Section 22, Block A, Lubbock County,
Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume
81, Page 345 of the Deed Records of Lubbock County, Texas, and as more fully
described as Easement #2 in Exhibit A attached to the Permanent Right of Access
and Use.
BE IT FURTHER 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 for and on behalf of the City of Lubbock,
that certain Permanent Right of Access and Use from Texas Tech University as
attached hereto and incorporated herein as though fully set forth herein in detail, and
any documents related thereto.
Passed by the City Council this 26`'' day of April, 2022.
DANIEL POPE, MAYOR
ATTEST:
— Qt'6� .
Beckq Garza, City Secretary
APPROVED AS TO CONTENT:
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
(�k� ���
Jel S General Counsel
Resolution No. EUB 2022-R0036
RESOLUTION
WHEREAS, the Electric Utility Board of the City of Lubbock has approved, and
recommended adoption to the City Council of the City of Lubbock, that certain
Capital Improvement Project providing for the Red Raider Substation Distribution
Feeders (the "Electric Project");
WHEREAS, the City Council of the City of Lubbock has approved, through
adoption of the budget for Lubbock Power & Light, 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 reliability related
improvements ("Electric Facilities");
WHEREAS, to complete the Electric Project, LP&L is in need of a Permanent
Right of Access and Use from Texas Tech University (the "Grantor"), as more
particularly described as Easement #2 in Exhibit A to the attached Permanent Right
of Access and Use, attached hereto (the "Property Interest");
WHEREAS, LP&L has engaged in negotiations with the Grantor of the Property
Interest and Grantor has agreed to the terms of the Permanent Right of Access and
Use, subject to Board of Regents approval, as attached hereto and incorporated
herein, 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 Permanent Right of Access and
Use from Texas Tech University to the City of Lubbock, as attached hereto and
incorporated herein as though fully set forth herein in detail, regarding a 48,311
square foot tract of land located in Section 22, Block A, Lubbock County, Texas,
according to the map, plat, and/or dedication deed thereof recorded in Volume 81,
Page 345 of the Deed Records of Lubbock County, Texas, and as more fully
described as Easement #2 in Exhibit A attached to the Permanent Right of Access
and Use, and further recommends approval by the City Council to approve and
authorize same.
BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE
CITY OF LUBBOCK:
THAT the Electric Utility Board hereby authorizes and directs the Chairman of the
Electric Utility Board to execute for and on behalf of the City of Lubbock, acting by
and through Lubbock Power & Light, that certain Permanent Right of Access and
Use from Texas Tech University as attached hereto and incorporated herein as though
fully set forth herein in detail, and any documents related thereto.
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 Permanent Right of Access and Use within sixty
(60) days of the date hereof.
Passed by the Electric Utility Board this 19t" day of April, 2022.
1
DAN ODOM, CHAIRMAN
APPROVED AS TO CONTENT:
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
JenkSmipn, General Counsel
PERMANENT RIGHT OF ACCESS AND USE
THE STATE OF TEXAS
COUNTY OF LUBBOCK §
TEXAS TECH UNIVERSITY, a Texas institution of higher education and a component
of the Texas Tech University System ("GRANTOR"), for and in consideration of the sum of
TWENTY SEVEN THOUSAND FIVE HUNDRED THIRTY SEVEN AND 27/100 ($27,537.27)
DOLLARS to GRANTOR paid by the CITY OF LUBBOCK, a Texas Home Rule Municipal
Corporation, of Lubbock County, Texas ("GRANTEE"), the receipt and sufficiency of which is
hereby acknowledged and confessed, and for the further good and valuable consideration in
benefits accruing and to accrue to the remainder of GRANTOR'S property, to accomplish the
purpose described below, grants to the GRANTEE, its legal representatives, successors and
assigns, a perpetual and permanent right of access and use for the property located in Lubbock
County, Texas, described in the attached Exhibit "A" as Easement #2 (approximately 48,311
square feet) (the "Property"). This right of access and use does not include the property identified
as Easement # 1 in Exhibit A.
The purpose of this right of access and use is to allow construction, maintenance, operation,
improvement, reconstruction, increasing or reducing the size and capacity, repair, relocation,
inspection, removal, or replacement of one or more underground and/or above ground electric
distribution power lines with a voltage that operates below sixty (60) kilovolts, and/or
communication and/or fiber lines, each consisting of a variable number of conductors, 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 the Property (the "Purpose").
SO LONG AS GRANTEE continues to use the Property for the Purpose, the right of access
and use includes, but is not limited to, the free and uninterrupted use, liberty and privilege of
ingress, egress, and regress in, along, over, across, under, upon and against the Property for the
purpose of constructing, reconstructing, maintaining, repairing, operating, improving, increasing
or reducing the size and capacity, relocating, inspecting, patrolling, removing or replacing, and/or
cleaning and clearing the Property for the Purpose; together with the right of ingress, egress and
regress for the Purpose over, under, through, across, and upon the Property. GRANTOR shall not
erect structures, make changes in grade, elevation, or contour of the land, perform any excavations,
trenching, or other soil disturbing activities, or conduct any other activities on the Property that
will endanger the integrity of the supporting structures and/or foundations, or other Facilities.
If the Property ceases to be used for the Purpose, GRANTEE shall provide written notice
to GRANTOR. Within six months of this notice, GRANTEE shall restore the Property to
substantially the same condition as it was before the grant of this right of access and use or to a
state reasonably acceptable to GRANTOR (such acceptance not to be unreasonably withheld),
without cost to GRANTOR, its successors and assigns, and this right of access and use shall
automatically expire six months after such notice.
Page I of 6
GRANTOR and GRANTEE acknowledge their understanding, and by the acceptance of
this instrument it is recognized, that:
1. GRANTOR retains title to all of the oil, gas, sulphur, and other minerals in and under and
that may be produced from the Property that is the subject of this right of access and use
("Mineral Interests"), and that operations by GRANTOR for exploration or recovery of
Mineral Interests are permitted on the Property so long as the operations do not endanger
or interfere with the Purpose stated in this right of access and use.
Notwithstanding the preceding paragraph, GRANTOR, (including members of its Board
of Regents, other component institutions, officers, agents, and employees) shall not have
the right to use or access the surface of the Property, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and/or related to
exploration and/or production of the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Property for the location of any well
or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit
areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores,
or any other infrastructure or improvement of any kind or type in connection with or related
to the reserved oil, gas and other minerals, and/or related to the exploration or production
of same.
As used herein, the term "other minerals" shall include oil, gas and all associated
hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining or
other exploration and/or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and (ii) all substances which are
at or near the surface of the Property.
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
2. Accomplishing the Purpose stated in this right of access and use is the sole responsibility
of GRANTEE; therefore, GRANTOR will not be responsible for any costs associated with
GRANTEE'S accomplishing the Purpose. GRANTEE will pay all costs associated with
planning, constructing and maintaining the above described project and any related work.
Prior to beginning construction, GRANTEE will provide GRANTOR with construction
drawings of the above described project for retention in GRANTOR'S records.
3. To the extent allowed by law, GRANTEE shall indemnify and hold GRANTOR (including
members of its Board of Regents, other component institutions, officers, agents, and
employees) harmless from any and all claims and demands arising out of or occurring as a
result of GRANTEE'S gross negligence or willful misconduct under this right of access
and use and of GRANTEE accomplishing the Purpose stated in this right of access and use.
Page 2 of 6
TO HAVE AND TO HOLD the above described right of access and use, together with the
rights and appurtenances related to the right of access and use, for so long as GRANTEE uses the
Property for the Purpose.
Dated , 2022.
GRANTOR:
TEXAS TECH UNIVERSITY,
a component of the Texas Tech University System
Lawrence Schovanec, President
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on
this day personally appeared Lawrence Schovanec, in his capacity as President of Texas Tech
University, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed and as the act and deed of Texas Tech University.
GIVEN UNDER MY HAND AND SEAL OF OFFICE , 2022.
Notary Public in and for the State of Texas
My Commission Expires:
Page 3 of 6
GRANTEE ACKNOWLEDGMENT
GRANTEE:
City of Lubbock, acting by and through the ELECTRIC UTILITY BOARD
Dan Odom, Chairman of the Electric Utility Board
ATTEST:
AGwenfford, Board c ary
APPROVED AS TO CONTENT:
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
6-�� 51-t�
Je y S th, General Counsel
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on Y� 1 q +� ,
2022, by Dan Odom, Chairman of the Electric Utility Board of the City of Lubbock, Texas
home rule municipal corporation, on behalf of said Electric Utility Board.
\��� V P !* BEATRICE MARIE DUENE2 01
.•,�: &
Notary Public, State of Texas
Comm. Expires 07-24 2023
;, %, Notary ID 132100698
Page 4 of 6
Notary Public, State of exas
My commission expires: 1 Z3
GRANTEE:
CITY OF LUBBOCK, TEXAS, acting by and through the City Council
Dan Pope, Mayor of the City of Lubbock
ATTEST:
Q>' au" '
Reb ca Garza, Board Secr Ctary
APPROVED AS TO CONTENT:
C
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
�'" 50o�r-
Jenn&Uth, General Counsel
THE STATE OF TEXAS
COUNTY OF LUBBOCK
This instrument was acknowledged before me on �� i ,
2022, by Dan Pope, Mayor of the City of Lubbock, Texas home rule municipal corporation, on
behalf of said home rule municipal corporation.
.� CARINA REYES
Notary Public, State of Texas
Notary ID# 13331645.5
My Commission Expires 09-07-2025
AFTER RECORDING RET O:
City of Lubbock — Right of Way
Agent 1314 Avenue K
Lubbock, Texas
79401
Page 5 of 6
Notary Public, State o T as
My commission expires: 'i -`]- 2025
With a copy to:
Office of General Counsel
Texas Tech University System
PO Box 42021
Lubbock, TX 79409-2021
Page 6 of 6
EXHIBIT A
PARKHILLSM ITH&COOPER 4222 85th Street
"1 Lubbock, Texas 79423
806.473.2200
TWO 12-FOOT WIDE UTILITY EASEMENT IN
SECTION 22, BLOCK A,
LUBBOCK COUNTY, TEXAS
EASEMENT #1
A 12-foot wide utility easement in Section 22, Block A, Lubbock County, Texas, being situated in that tract of
land conveyed to the State of Texas, described in a deed recorded in Volume 81, Page 345 of the Deed Records
of Lubbock County, Texas, said utility easement contains 9,116 square feet being further described by metes
and bounds as follows:
BEGINNING at an "X" cut on concrete set in the south right-of-way line of Erskine Street, described in a
permanent right of access document recorded in County Cleric's File Number 2008030119 of the Official Public
Records of Lubbock County, Texas, for the northeast comer of this easement, said beginning point having
coordinates of NORTHING: 7,284,335.15 and EASTING: 930,098.54, Texas Coordinate System, North Central
Zone 4202, North American Datum of 1983, whence the northeast comer of said Section 22 bears North 01
degrees 53 minutes 36 seconds East a distance of 65.00 feet and South 88 degrees 06 minutes 24 seconds
East a distance of 1852.17 feet;
(1) THENCE South 01 degrees 45 minutes 38 seconds West distance of 754.63 feet to a 1/2-inch iron rod with
a plastic cap marked "PSC RPLS 6453" set in the north right-of-way line of North Loop 289, described in a right-
of-way deed recorded in Volume 791, Page 71 of the Deed Records of Lubbock County, Texas, for the southwest
corner of this easement, said southeast comer having coordinates of NORTHING: 7,283,581.05 and EASTING:
930,075.36, Texas Coordinate System, North Central Zone 4202, North American Datum of 1983;
(2) THENCE South 54 degrees 51 minutes 32 seconds West, along the north right-of-way line of said North Loop
289, a distance of 15.01 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the west
line of said parent tract, for the southwest comer of this easement;
(3) THENCE North 01 degrees 45 minutes 38 seconds East, along the west line of said parent tract, a distance
of 763.67 feet to an "X" cut on concrete set in the south right-of-way line of said Erskine Street, for the northwest
comer of this easement;
(4) THENCE South 88 degrees 06 minutes 24 seconds East, along the south right-of-way line of said Erskine
Street, a distance of 12.00 feet to the POINT OF BEGINNING.
Texas Registered Surveying Firm # 10194091
Pagel of 3
EASEMENT #2
A 12-foot wide utility easement in Section 22, Block A, Lubbock County, Texas, being situated in that tract of
land conveyed to the State of Texas, described in a deed recorded in Volume 81, Page 345 of the Deed Records
of Lubbock County, Texas, said utility easement contains 48,311 square feet being further described by metes
and bounds as follows:
BEGINNING at a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the north right-of-way line
of 4"' Street, described in a right-of-way easement recorded in Volume 665, Page 442 of the Deed Records of
Lubbock County, Texas, for the southeast comer of this easement, said beginning point having coordinates of
NORTHING: 7,279,180.96 and EASTING: 929,940.11, Texas Coordinate System, North Central Zone 4202,
North American Datum of 1983, whence the southeast comer of said Section 22 bears South 01 degrees 49
minutes 27 seconds West a distance of 60.00 feet and South 88 degrees 10 minutes 33 seconds East a distance
of 1852.38 feet;
(1) THENCE North 88 degrees 10 minutes 33 seconds West, along the north right-of-way line of said 41h Street,
a distance of 12.00 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the west line of
said parent tract for the southwest comer of this easement;
(2) THENCE North 01 degrees 45 minutes 38 seconds East, along the west line of said parent tract, a distance
of 4019.01 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set in the south right-of-way
line of North Loop 289, described in a right-of-way deed recorded in Volume 791, Page 71 of the Deed Records
of Lubbock County, Texas, for the northwest comer of this easement;
(3) THENCE North 54 degrees 51 minutes 32 seconds East, along the south right-of-way line of said North Loop
289, a distance of 15.01 feet to a 1/2-inch iron rod with a plastic cap marked "PSC RPLS 6453" set for the
northeast comer of this easement;
(4) THENCE South 01 degrees 45 minutes 38 seconds West a distance of 4028.03 feet to the POINT OF
BEGINNING.
Bearings and coordinates called in these descriptions are based on the Texas Coordinate System, North Central
Zone 4202, North American Datum of 1983. Distances called in these descriptions are at surface. Areas reported
in these descriptions are based on calculations made from surface distances. This survey is subject to any facts
which may be disclosed by a full and accurate title search. Record documents other than those shown may affect
these tracts. A current title commitment was not provided to this surveyor. Monuments set with this survey are
based on previously found survey monuments. A plat of these surveys is included on page 3 of this document.
This description was prepared from an actual survey of the property and the information hereon represents the
findings of this survey to the best of my knowledae and helkd���
Surveyed: December 04, 2019
Samuel Wyatt, R. .L.S. 6453
Page 2 of 3
-Aa
I I
I I
I I
4th STREET
N.88.10'33'W.
12' WIDE EASEMENT-LPBL
(48.311 SQUARE FEET)
VOL. 81, PG. 345
NORTHING: 7,279,180.96
EASTING: 929,940.11
POINTOF EASEMENT02
BEGINNING
THE SOUTHEAST CORNER OF
SECTION 22. BLOCK A BEARS
S.01.49'2TW.. 60.00' &
S.86.10'33'E.1952-V
FROM THIS POINT
SOUTH LINE OF
SECTION 22. BLOCK
NORTH LINE OF S.88'06'24E.
SECTION22.BLOCKA 12:ar_ ERSKINE ST.
------------------
TRACT'H'
PHYSICIANS
SURGICENTER
V.10106. PG. 53
TRACT'A'
PHYSICIANS
SURGICENTER
V. 6695, PG.140
P&D#
BURKETT
PSD#2017031742
NORTHING:7,284.335.15 POINTOF EASEMENT#i
FASTING:930,098.54 BEGINNING
12' WIDE EASEMENT-LP&L THE NORTHEAST CORNER OF
(9,116 SQUARE FEET) SECTION 22, BLOCK A BEARS
m N.01.5336E. 65.00' a
gj VOL. 81, PG. 345 S.88.06'24'E.1852.1T
FROM THIS POINT
SWE/DRE
S CCFN 2016032568
o /
z / 0 / 0
/ V
NORTHING:7,283,581.05
S.54.51'32'W. EASTING:930,075.36
15.01,
N.54.51'32•E./ /
15.01' /
12-FOOT WIDE
UTILITY EASEMENTS IN
SECTION 22, BLOCK A,
LUBBOCK COUNTY, TEXAS
PARENT TRACT: VOLUME 81, PAGE 345,
DEED RECORDS OF LUBBOCK COUNTY, TEXAS
SCALE: I"- 400'
O = SET 11r IRON ROD WITH CAP'PSC RPLS 6453'.
® - SET'X' CUT ON CONCRETE
0 800' Alp
SURVEYORS REPORT: NORTH
BEARINGS AND COORDINATES SHOWN ON THIS SURVEY ARE
BASED ON THE TEXAS COORDINATE SYSTEM, TXNC ZONE
4202, NAD'83.
DISTANCES REPORTED HEREON ARE AT SURFACE.
AREAS REPORTED HEREON ARE BASED ON CALCULATIONS
MADE AT SURFACE DISTANCES.
THIS SURVEY IS SUBJECT TO ANY FACTS WHICH MAY BE
DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH.
RECORD DOCUMENTS OTHER THAN THOSE SHOWN MAY
NORTHING: 7,283,206.16 AFFECT THIS TRACT.
EASTING: 930.063.84 MONUMENTS INDICATED AS FOUND BY THIS SURVEY ARE NOT
'PHYSICAL MONUMENTS OF RECORD DIGNITY' UNLESS SO
NOTED.
FOUND MONUMENTS ARE ACCEPTED BY THIS SURVEYOR AS
CONTROLLING EVIDENCE DUE TO SUBSTANTIAL AGREEMENT
VOL. 81, PG. 345 WITH RECORD DOCUMENTS.
THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYORS
ORIGINAL SEAL AND SIGNATURE.
M FIESTA ESTATES
i VOL.1�01. PG. 765
fit; I I MATCH LINE"A"
THIS PLAT WAS PREPARED FROM AN ACTUAL
PROPERTY AND THE INFORMATION HEREON
OF THIS SURVEY TO THE BEST OF MY KALE
SURVEYED:
DECEMBER 04, 2019
1:3 &--/4-
SAMUEL WYATT
R.P.L.S.6453
NOTE: THE PARENT TRACT DESCRIBED IN VOLUME 81, PAGE 345
DOES NOT APPEAR TO ADJOIN THE PLAT LIMITS OF THE
FOLLOWING SUBDIVISIONS: TRACT 'H', PHYSICIANS
SURGICENTER TRACT 'A', PHYSICIANS SURGICENTER, TRACT
'A', VARSIM 786, TRACT 'A', BURKETT, LA FIESTA ESTATES, LOT
2-A, HOLIDAY PARK, AND LOTS 4 d 5, CRUSILLO DE
CHRISTIANIDAD. THE LOCATION OF THE WEST LINE OF THIS
TRACT WAS DETERMINED FROM THE LOCATION OF THE NORTH,
SOUTH AND EAST LINE OF SECTION 22, BLOCK A. THIS
RECONSTRUCTION AGREES WITH RECORD DIMENSIONS IN SAID
PARENT DEED AND A SURVEY OF ADJOINING SECTION 21 TO THE
EAST BY SYLVAN SANDERS. GAPS BETWEEN THIS DEED AND
SAID PLAT LIMITS VARY FROM 1.0 FEET AT THE SOUTHEAST
47IN7 CORNER OF TRACT "A" PHYSICIANS SURGICENTER TO 5.5 FEET
A� AT THE SOUTHEAST CORNER OF CRUS810 DE CHRISTUWIOAD
t. S ADDITION.
`C,*'%%V' :�A PAGE 3 OF 3 (SEE PAGES 1 AND 2 FOR A FULL METES AND BOUNDS DESCRIPTIONS)
Y
PARKHILL SMITH & COOPER
TEXAS FIRM REGISTRATION NO.10194091
STREET
LUBBOCK TX.
"44 r • 806A73.2200