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HomeMy WebLinkAboutResolution - 2018-R0246 - Southwestern Public Service Company - 08/09/2018RESOLUTION BE IT RESOLVED BY THE! CITY COUNCIL OF THE CITY OF LUB13OCK: THAT the Mayor of'thc City ot'l.ubbock is hereby authorired and dircctcd to execute for and on behalf of the City 01' l.ubhock. an I•Icctric Power Line Overhang I.ascln4nt and temporary Construction License to connection with ceriain real property located in Section 1.7. I3lock DS, Lubbock. County. Texas, owned by the City of Lubbock, by and between the City of Lubbock. a Texas 110111e Rule Municipal Corporation, and S01,1111westeril Public Service Company. a New Mexico corporation, and all related documents. Said Iase:ment and License are attaclicd hereto and incorporated in this resolutienl as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on August 9, 2018 DANIEL M. POPE, MAYOR ATTEST: lZebe ca 6arza. City Secreta APPROVED AS TO CONTENT: Dare Booher, Right-of=Way Agent APPROVED AS TO FORM: 1�y� I ookc. Assistant t'it,\ Allo nc, - RES.Overhang Fascrnent & 'hemp. Const. license - SP5 Co. T25.18 ELECTRIC POWER LINE OVERHANG EASEMENT DATE: GRANTOR: City of Lubbock GRANTOR'S MAILING ADDRESS: P.O. Box 2000, Lubbock Texas, 79457 GRANTEE: SOUTHWESTERN PUBLIC SERVICE COMPANY GRANTEE'S MAILING ADDRESS: 790 South Buchanan Street, 4'" floor Amarillo, Texas 79101 COUNTY AND STATE IN WHICH PROPERTY IS LOCATED: For $10 and other valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor grants to Southwestern Public Service Company, a New Mexico Corporation ("SPS") a, perpetual, non- exclusive easement to construct, maintain, operate, inspect, patrol, repair, replace, add to, change the number of circuits, alter voltage, remove, and relocate electric power lines on, over and across the lands now owned by Grantor that are described as follows: SEE EXHIBIT "A" attached hereto and incorporated by reference, the ("Easement Area") The easement shall be subject to the following terms and conditions: 1. SPS is a corporation organized under the laws of the State of New Mexico, and has its main office and principal place of business in Amarillo, Potter County, Texas. It is a public utility. 2. The electric power lines will consist of a variable number of conductors, wires, communication cables, and insulators, and all other necessary and desirable appurtenances and devices; however, no structures shall be placed on the property as this is an "aerial" easement only. 3. SPS, its employees, agents, contractors, successors and assigns, shall have the right (a) of ingress and egress over Grantor's adjacent lands to and from the Easement Area for the purpose of constructing, maintaining, operating, inspecting, patrolling, repairing, replacing, changing the number of circuits, altering voltage, adding to or removing the electric power line, its conductors, structures, and other devices; (b) to relocate the electric power lines within the Easement Area; (c) to remove, cut prune or otherwise control all trees, brush or other vegetation or other obstructions that might endanger or interfere with the operation, safety, or efficiency of the electric power lines, its structures, and other devices; (d) to level, grade, or perform necessary dirt work for proper ground clearance; and (e) to enter Grantor's property to conduct (i) routing surveys and studies relating to the electric power lines, (ii) environmental surveys and studies relating to the electric power lines, (iii) cultural resource surveys and studies relating to the electric power lines, and (iv) any other activities that SPS deems necessary or desirable to comply with federal, state, or local statutes, laws, ordinances, rules, or regulations, or the requirements of any government or governmental authority or agency claiming jurisdiction over SPS or its operations. 4. SPS, its successors and assigns, must construct and at all times maintain the electric power line in accordance with the National Electric Safety Code requirements and practices now in effect. SPS will abide by all federal and state laws, ordinances, and regulations. 5. No temporary or permanent wells, buildings, or structures (including, without limitation, mobile homes or travel trailers) shall be placed or permitted to remain on, under, or over the Easement Area by Grantor. No other objects shall be erected, placed, or permitted to remain on, under, or over the Easement Area by Grantor, including trees, shrubs and fences, that may interfere with the Facilities or interfere with the exercise of any of the rights granted pursuant to this Electric Power Line Easement. 6. Following construction, Grantee shall use reasonable efforts to return the surface of the easement area to its original condition and appearance prior to Grantee's work on the property. Grantee EXECUTED THIS 9th DAY OF August 2018 GRANTOR: GRANTEE: CITY OF LUBBOCK SOUTHWESTERN PUBLIC SERVICE COMPANY DANIEL M. POPE, MAYOR �� � �— Print ATTEST: Re cca Garza, City Secretary APPROVED AS TO CONTENT: Dave Booker, Right -of -Way Agent APPROVED AS TO FORM: 14-�— Ryall Bwhoke, Assistant City Attorney THE STATE OF TEXAS �s�T Tj � �) S ti] of ii I ll :TQaI l BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Daniel M. Pope, Mayor of the City of Lubbock, 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 an act and deed of said City of Lubbock. GIVEN U DER MY HAND AN SEAL OF OFFICE thiisr day of Notary Public in 41od/ffoor t(he State 4] Teex�xasA��r�/q rM; CAITLYN E. ENGLISH My Commission Expires: 7z Alb Nttlary PWlr,Stale WTaras NoRry IN 1316%41.1 MY COMnasion Epees 07-25-2W THE STATE OF TEXAS § COUNTY OF P§ BEFORE ME, the undersi ed authority, a Notary Public in and for said County and State, on this day personally appeared Da tk—r dsv r'- , 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 and as an act and deed of said Southwestern Public Service Company. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Notary Pu4in d or the 9 at of Texas My Conunission Expires: �4►„r LANCE KENEDY Notary ID 011097225 +rM MY Commission Expires April 15, 2022 Return Recorded Instrument to: Xcel Energy 790 South Buchanan Street, a floor Amarillo, Texas 79101 EXHIBIT "A" SECnW 1) .m 34'141 I) A IC. 9PL1[ td ` ,x KEyy EL a R.0. RA [0. ARAY _ /CRCS IX FASPItNr II.4B]d. O)WIM1. 1FL5 el �s'21' N01'Y'10'W S, BO'J S�F� YA ///��F�XµNa� r T — — See.] s3 W BeaB\\— 58533' 9'N I fa {y I S !a 3!' r5' W liCl.lT SpT� WNpy,ly �0 (9ECIIM IAVf. SESC I1NE) `gWE511W�. 315 6 /S SCIW )0 0.m1 a! ELU h�0.Rl. RAa�mC0. � BIB18 OF 86lRQRO- Bwrinya wn derived using Gn relative povtiming lecnnqR uaa Eoaed an multiple 0l solutions from FVH6. 2016 through February 21, 2017 and am refer -alto On, J)M Coonlinate System -Zone 13N. N{D (1983). Combined Factor � 1.000397116 0 1/2' 1" R00 N0 0 1/2' Mill Roo WIW N0 WHEW CM CONTROL MONUMEW RM RECORO MONUMENT FURMAN LAND SURVEYORS, TIXFS FRO /10092400 @ 10092b1 IB =G IKFOfJItUGN O"ER.CITYOFLUBSOM L ATION: SHMON 17, B"K OS. 1 . & R. R.R. M. SUAVITY. LURNIXR COUNTY. "A. LAROM[NTCURVEY 3b0. SOUTHWESTERN PUBLIC SERVICE N51(V LINR An easement out of Section 17, Block D5, E.L. & R.R. R.R. Co. Survey, Lubbock County, Texas, further being out ofthat certain tract afford being described in that certain instrument recnnled in Volume 510. Page 532 as filed in the Official Public Records of Lubbock County, Texss, said cerement having been surveyed on the ground by Furman land Surveyors, Inc. and being describod by metes and bounds as follows: (Bearings and Distances ere Grid UTM Coordinate System --Lone 13N, NAD (1983) using CPS relative positioning techniques based on multiple OPUS solutions from April 6, 2016 through February 21, 2017. Combined Scale Factor = 1.000397116) COMMENCING at a'h inch iron rod found for the Southeast corner of said Section 17, also being the common comer of Sections 16, 17. 20 and 21. Block D5, from whence a inch iron rod found for the common comer of Sections 17. 18, 19 and 20, Block D5 bears S. 88°23'49" W. (Base Line) 5286.87 feet; THENCE S. SV23149" W. 364.12 feet along the common line of said Sections 17 and 20 to a point being the most Easterly and BEGINNING CORNER of this easement: THENCE S. 88o23'49" W. 186.08 feet along the common line of said Sections 17 and 20 to a'h inch imn red with cap Found for the most Southerly Southeast comer of that certain 497.1 fit acre tract of Ind described in Document No. 2012-015452 as filed in the Official Public Records of Lubbock County, Texas, same being the Southwest comer of this easement; THENCE N. 01 "38' 10- W. 51.90 feet along the East line of said 497.16t am tract of land to a point being the most Northerly comer of this casement; THENCE S. 76°01'10" E. 193.21 feet to the POINT OF BEGINNING Easement contains 0.11_ acres. BASIS OF HEARING Hearings Wav derived In, GI'S witme ,eume ing tttluo"M be,td on multiple OPUS eolue. from Aml 6. 2016 through Febmuy:1.2017 and me refmot to Grid U1T4 Coordinate System lone 13N. NAO (1993). Denture. are God. Combinef Facua- 1.000397116 OWNER: C17Y OF LUBBOCK LOCATION'. SECIWN 0. aLKK W. F L & 0.R.0.R CO. SORvaR, WRBOfROotr TY.TF.xA% EASFMFNISIIRVINFOR SOUTHWESTERN PUBLIC SERVICE 345 KV LINE TEMPORARY CONSTRUCTION LICENSE This Temporary Construction License (this "License") is entered into between the City of Lubbock ("Owner") whose address is P.O. Box 2000, Lubbock, Texas 79457, and SOUTHWESTERN PUBLIC SERVICE COMPANY, a New Mexico corporation, ("Licensee"), whose address is 790 South Buchanan Street 4t" floor, Amarillo, Texas 79101. Owner hereby for good and valuable consideration in hand paid, does hereby grant, bargain, sell and convey to Licensee, its successors and assigns, a temporary construction license for (i) installation and construction of utility improvements related to an electric transmission line and all appurtenances and facilities related thereto (ii) and the right of ingress and egress on, over and across the premises in the County of Lubbock, State of Texas, as more particularly described as follows: A strip of land 50' feet wide along and adjacent to the permanent easement acquired for the construction, maintenance, and operation of a 345Kv transmission line. Together with the full right and authority of Licensee, its contractors, agents and employees to enter upon the Temporary License Premises with machinery, trucks, materials, tools and other equipment which may be useful or required in the construction of electric transmission lines to be located on property owned by Owner. This grant of license and access shall be subject to the following conditions: 1. Licensee and Owner acknowledge and agree that this is a temporary license that shall become effective on the date of mutual execution by Owner and Licensee and shall terminate upon the completion of all construction activity (including any and all reclamation work immediately following construction of the facilites) on the property directly or indirectly associated with the installation of the above described transmission line or such time as the line is charged and fully operational, whichever is later. 2. Licensee shall exercise the rights herein granted to it with due care and all activities by it shall be in accordance with all laws, rules, and regulations. Licensee shall abide by the terms and conditions as stated in the permanent easement which this temporary construction license runs adjacent to. On or before the termination of this License as provided above, Licensee shall haul away all debris and materials placed on the Temporary License Premises by Licensee, and restore the Temporary License Premises to a condition as near as reasonably practicable to that existing at the date of the execution of this License. All property, improvements, vehicles, machinery, equipment, materials and other personal property of Licensee, its employees, agents, contractors or subcontractors located from time to time on or at the Temporary License Premises shall be so located at the sole risk of Licensee, its employees, agents, contractors or subcontractors, and Owner shall have no liability for any loss, damage or destruction of or to the same unless caused solely by the willful or grossly negligent acts of Owner. 3. Owner shall have the right to enter and inspect the Temporary License Premises from time to time during the term of this License upon reasonable prior oral or written notice to Licensee, except that no such notice will be required in case of an emergency or other exigent circumstance. Any inspection must no interfere with Licensee's use of the Premises. 4. Owner warrants and represents to Licensee that Owner is the owner of the Temporary License Premises and has the right to grant the license and rights contained herein. Licensee's rights hereunder and its use of the Temporary License Premises are subject to all existing rights, easements and licenses of record, including existing utility easements. This grant is binding on Owner and is not conditioned upon obtaining any consent from any third parties, including mortgagees, if any. For the term of this License, the provisions of this License shall inure to the benefit of the successors and assigns of the parties hereto. Neither party shall record this License in the Official Records of Lubbock County, Texas. 5. SPS SHALL INDEMNIFY, DEFEND AND HOLD GRANTOR, ITS SUCCESSORS AND ASSIGNS HARMLESS AGAINST AND FROM ALL CLAIMS (INCLUDING WITHOUT LIMITATION ACTIONS, DEMANDS, EXPENSE, COSTS, ATTORNEYS' FEES, COURT COSTS AND JUDGMENTS) FOR DEATH OF OR INJURY TO PERSONS OR LOSS OR DESTRUCTION OF OR DAMAGE TO PROPERTY (TANGIBLE OR INTANGIBLE) ARISING OUT OF OR CAUSED BY SPS'S AND/OR ITS CONTRACTORS' USE OF THE EASEMENT AREA AS PERMITTED IN THE GRANT OF EASEMENT. THE FOREGOING INDEMNITY, SHALL NOT, HOWEVER, PROTECT GRANTOR, ITS EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM LIABILITY FOR DEATH, INJURY OR DAMAGE ARISING OUT OF THE ACT OR OMISSION, NEGLIGENCE OR WILLFUL MISCONDUCT AND/OR CRIMINAL ACTIONS OF GRANTOR, ITS EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS. IN THE EVENT OF ANY SUCH CLAIMS MADE OR SUITS FILED, EACH PARTY SHALL GIVE THE OTHER PROMPT WRITTEN NOTICE THEREOF. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THE EASEMENT HEREIN GRANTED. Signed as of this day of , 2018. [SIGNATURES FOLLOW ON THE NEXT PAGE] E EXECUTED THIS 9th DAY OF August , 2018. GRANTOR: GRANTEE: CITY OF LUBBOCK SOUTHWESTERN PUBLIC SERVICE COMPANY DANIEL M. POPE, MAYOR ATTEST: Reb ca Garza, City Secret ry APPROVED AS TO CONTENT: v Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Rya ra kc, ssistant City Attomey Print: .-a