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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 J I LJ LJ rl 11 U) 5V DRE (VOL.1718. PG. 48) WJ _I_IJJ 9� g j _IJJJ F- L I -I -a _I_IJJ J VOL. 81, PG. 345 -rrlTI LLU-\�j WALL OF 12.5' x 36' WELL HOUSE VEAST OF EAST LINE OF PROPOSED LP&L EASEMENT LINE2'WIDE EASEMENT-LP&L(48,311 SQUARE FEET)pzZZZ�Ow uj wS2w wow KCwy W'mQN [ErAST W Kp'Wd'w G(AQ QF- Q wDraw ZZ zoJ:3 ? �'(A J $ Ja o= z -ACRE TRACTVEYED BY ROBERTI CHRISTOPHER, RPLS I 5167 OCTOBER 11. 20171 PORTION OF 10.939-ACRE TRACT SURVEYD BY BRENT CARROLL, RPLS 5410 ON JULY 24, 2015 r-----1 30' ACCESS AGREEMENT I (POWER -TX) L IH VOL. 6838, PG. 220 i NORTHNG: 7.279.180.96 w _ N FASTING:929,940.11 rc 0 I POINT OF wW ai � E — — %.9&0p�QOype BEGINNING U a �O��g��`�?QC�' THE SOUTHEAST CORNER OF J c'pt A BEARS SECT49'2T'W.ION 22, 660.W oM &LOCK S 01 ,O� I S.88.1933"E.1852.38' FROM THIS POINT --1---L-- - - - - - - - - - - - - 4th ST. SOUTH LINE OF N.88.10'33'9N. 12.0a SECTION 22. BLOCK A NORTH LINE OF SECTION 22. BLOCK A ERSKINE ST. -------- ] ----------------- TRACT"H" PHYSICIANS SURGICENTER I V. 10106. PG. 53 ------- VOL. 81, PG. 345 SWE/DRE TRACT "A" CCFN 2016032568 PHYSICIANS I SURGICENTER V. 6695. PG. 140 I /' O ' I ' N.54'5V 21 "E. NORTHING: 7,283,208.16 15.01' / EASTING:930,063.84 / i WEST WALL OF 12.5' x 36' WELL HOUSE 4' EAST OF EAST LINE OF PROPOSED / LP&L EASEMENT LINE / ARSIM 7 / P&D# / 014032 / � o ' \ N a VOL. 81, PG. 345 BURKETT P&D#2017031742 - 30' ACCESS AGREEMENT — — (POWER -TX) �VOL — VOL. 6838, PG. 220 � TES i1, PG.765 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. ®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v1 %b Q-lfl TEXAS FIRM REGISTRATION N0. 10194091 4222 85TH STREET % �P 9 �•ti FESS ��.�•�0 '•.. LUBBOCK, TX. 79423 ..... (G S U R� 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