HomeMy WebLinkAboutResolution - 2022-R0285 - LP&L Permanent Right of Access and Use from TTU, Section 22, Block AResolution No. 2022-RO285
Item No. 6.27
June 14, 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 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, as attached hereto and incorporated herein, for the Property Interest;
WHEREAS, the City Council previously approved a version of this Permanent
Right of Access and Use, by resolution dated April 26, 2022, Resolution No. 2022-
R0207;
WHEREAS, subsequent to City Council approval, Grantor requested additional
language that is acceptable to LP&L;
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 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 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,
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 CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT this Resolution supersedes Resolution No. 2022-R0207, approved by the City
Council of the City of Lubbock on April 26, 2022, and such Resolution is no longer
of any force or effect.
Passed by the City Council of the City of Lubbock this 10 day of June, 2022.
-, W4: � I
TRAY PA E, MAYOR
ATTEST:
Reb a Garza, Board Secre
APPROVED AS T CONTENT:
70vy, Dir o ectric Utilities
I:fi 1163Te]t7Tp
Je& Srn h General Counsel
Resolution No. EUB 2022-R0047
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 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, as attached hereto and incorporated herein, for the Property Interest;
WHEREAS, the Electric Utility Board previously approved a version of this
Permanent Right of Access and Use, by resolution dated April 19, 2022, Resolution
No. EUB 2022-R0036;
WHEREAS, subsequent to Electric Utility Board approval, Grantor requested
additional language that is acceptable to LP&L;
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 in Exhibit A attached to the Permanent Right of Access and Use, and
fin Cher 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 supersedes Resolution No. EUB 2022-R0036, approved by the
Electric Utility Board on April 19, 2022, and such Resolution is no longer of any
force or effect.
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 I" day of May, 2022.
ATTEST:
Stafford,
APPROVED
Utilities
DAN ODOM, CHAIRMAN
APPROVED AS TO FORM:
Jt Srr& General Counsel
C;�ty of txbbocr. /cotA�t'FHI,ry
Resolution No. 2022-RO285
2022035308 9 PGS EASE
1111 INP4 Ed 100415fiN 1ALI 15
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" (approximately 48,311 square feet) (the
"Property").
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 1 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. GRANTOR additionally
retains title to all of the waxer in and under and that may be produced from the Property
that is the subject of this right of access and use. GRANTOR shall retain the right to ingress
and egress to and from existing water wells and well houses on the Property, identified in
Exhibit A (collectively, "Well Houses"), including but not limited to access to the surface
for ingress, egress, maintenance, and support of the existing water wells and well houses.
For clarification, GRANTOR agrees that it will not modify or expand the Well Houses in
a way that results in either a larger footprint or an increase in height of the Well Houses.
Further, GRANTOR will be, at all times, in compliance with the latest edition of the
National Electrical Safety Code ("NESC') with respect to the Well Houses.
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, 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.
'T 1: j P• — 5'. P
2:::.di v:h 5i f•,er h
As used herein, the tern "surface of the Property'lAialk include surface
of the earth to a depth of five hundred feet 500') ;b'efo`w tl`ie5surface of �teearr 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.
Page 2 of 6
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.
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 J(tnt 021 , 2022.
GRANTOR:
TEXAS TECH UNIVERSITY,
a =awrence
fthe Texas T 'versity System
chovan sident
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 V'�' 2022.
,'ayp RACHEL G. ANTHONY
Notary Pudic, State of Texas 6-"
Notary ID # 12951352-4 Notary Public in and for the Sta a of Texas
OF My CI -onmrssrar Expres 08.12-2025 M Commission Expires:��a? � 54—
Notary W hout Bond y
Page 3 of 6
GRANTEE ACKNOWLEDGMENT
GRANTEE:
City of Lubbock, acting by and through the ELECTRIC UTILITY BOARD
P&M��Aj -
Dan Odom, Chairman of the Electric Utility Board
ATTEST:
Stafford, Board
APPROVED AS TO CONTENT:
Joe vy, Director of Eleffc Utilities
APPROVED AS TO FORM:
Je& m' , General Counsel
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
This instrument was acknowledged before me on mcku n , -u-L-L ,
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 Boar
Eallotary
LIVIA DENISE PIERCE Notary Public State of Texas
ID #125055535 l� COmm1SSlOri eX ire5' r] /��jqy Commission Expires 3' P •�,D2 LSeptember 15, 2024
Page 4 of 6
GRANTEE:
CITY OF LUBBOCK, TEXAS, acting by and through the City Council
\'1.,%J;1
T y"p, gyne' • aycii-.of the City of Lubbock
rn
ebecc
a, Board Secre
APPROVED AS TO CONTENT:
20
J vy, Director o El Utilities
APPROVED AS TO FORM:
n st::nr &)""�
Jet S ' , General Counsel
THE STATE OF TEXAS
COUNTY OF LUBBOCK
-t*
This instrument was acknowledged before me one, q ,
2022, by Tray Payne, Mayor of the City of Lubbock, Texas home rule municipal corporation, on
behalf of said home rule municipal corporation.
AFTER RECORDING RETURN TO:
City of Lubbock — Right of Way
Agent 1314 Avenue K
Lubbock, Texas
79401
Page 5 of 6
Notary Public, State T as
My commission expires: q- -2025
CARINA REYES
Notary Publlc, State of Texas
Notary ID# 13331645.5
My Commission Expires 09-o7.2025
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
PARKHILLSMITH&COOPER 4222 85th Street
Lubbock, Texas 79423
806.473.2200
A 12-FOOT WIDE UTILITY EASEMENT IN
SECTION 22, BLOCK A,
LUBBOCK COUNTY, TEXAS
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 4ei 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 corner
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 4t' 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 corner 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 corner 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 this survey is included on page 2 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 knowledge and belief.
Surveyed: December 04, 2019
SAMUEL WYATT
N 4 6453 • .� .'
Samuel Wyatt, R.P.L.S. 6453
Page 1 of 2
Texas Registered Surveying Firm # 10194091
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5167 OCTOBER 11. 20171
PORTION OF 10.939-ACRE TRACT
SURVEYD BY BRENT CARROLL,
RPLS 5410 ON JULY 24, 2015
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TRACT"H"
PHYSICIANS
SURGICENTER I
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VOL. 81, PG. 345
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NORTHING: 7,283,208.16
15.01' /
EASTING:930,063.84
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4' EAST OF EAST LINE OF PROPOSED
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I I MATCH LINE "A"
THIS PLAT WAS PREPARED FROM AN ACTUAL SURVEY E
PROPERTY AND THE INFORMATION HEREON RE
OF THIS SURVEY TO THE BEST OF MY KNOWNlT�ELI
SURVEYED:
DECEMBER 04, 2019
F�
i
SAMUEL WYATT
R.P.L.S. 6453
A 12-FOOT WIDE
UTILITY EASEMENT IN
SECTION 22, BLOCK A,
LUBBOCK COUNTY, TEXAS
PARENT TRACT: VOLUME 81, PAGE 345,
DEED RECORDS OF LUBBOCK COUNTY, TEXAS
SCALE: 1" = 40a
0 = SET 1/2" IRON ROD NTH CAP "PSC RPLS 645W.
® =SET "X"CUT ON CONCRETE
14 D 0 400' 800'
SURVEYOR'S 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
AFFECT THIS TRACT.
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
WITH RECORD DOCUMENTS.
THIS PLAT IS INVALID UNLESS IT BEARS THE SURVEYOR'S
ORIGINAL SEAL AND SIGNATURE.
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 & 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
CORNER OF TRACT "A" PHYSICIANS SURGICENTER TO 5.5 FEET
AT THE SOUTHEAST CORNER OF CRUSILLO DE CHRISTIANIDAD
ADDITION.
PAGE 2 OF 2 (SEE PAGE 1 FOR A FULL METES AND BOUNDS DESCRIPTION)
SAMUEL WYATT
PARKHILL SMITH & COOPER
6453 v1
%b Q-lfl
TEXAS FIRM REGISTRATION N0. 10194091
4222 85TH STREET
% �P
9 �•ti FESS ��.�•�0
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LUBBOCK, TX. 79423
..... (G
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806.473.2200
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
L ••
Kelly Pinion County Clerk
Lubbock County TEXAS
07/21/2022 09:66 AM
FEE: $54.00
2022033308