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HomeMy WebLinkAboutResolution - 2019-R0110 - Mcleod Property - LP&L - 03/26/2019 Resolution No. 2019-RO110 Item No. 8.3 March 26,2019 RESOLUTION WHEREAS, the City of Lubbock, Texas (the "City") has initiated the Northwest to Mackenzie Transmission and Distribution Line Project ("Project"), which will require, among other real property interests,the Property Interest,as defined below; WHEREAS, the construction and operation of the Project constitutes a valid public use of the City and its citizens; WHEREAS, the City made a written Initial Offer (herein so called) to Michele McLeod Kubica, Suzette McLeod Strange and Anotoinette McLeod Hendon, the owners of the Property Interest(collectively,the"Owner")on November 15,2018; WHEREAS,the City provided to the Owner of the Property Interest at the time of presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports produced or acquired by the City relating specifically to the Owner's property prepared in the ten(10)years preceding the date of the Initial Offer; WHEREAS, the Initial Offer made by the City to the Owner of the Property Interest did not include a confidentiality provision and further informed the Owner of the Property Interest that such Owner had the right to (i) discuss any offer or agreement regarding the City's acquisition of the Property Interest with others; or(ii) keep the offer or agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code(the"Non Confidential Notice"); WHEREAS, the City did not receive a response from the Owner of the Property Interest indicating that the Initial Offer was acceptable; WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the Property Interest on December 18, 2018, said date being after the thirtieth (30`") day after the date on which the City made the Initial Offer to the Owner of the Property Interest; WHEREAS, even though the statutory Final Offer was made on December 18, 2018, an additional Final Offer was made to the Owner of the Property Interest (the "Additional Final Offer") on February 21,2019; WHEREAS, along with such Final Offer and Additional Final Offer(collectively, the "Final Offer"), the Owner of the Property Interest was provided a written appraisal from a certified appraiser of the value of the Property Interest and the damages, if any, to any of the Owner's remaining property; WHEREAS, the Final Offer made to the Owner of the Property Interest was equal to or greater than the amount of the written appraisal obtained by the City; WHEREAS, the Final Offer made to the Owner of the Property Interest included (i) a copy of the written appraisal; (ii) copies of the Electric Utility Easement, being the instrument proposed to convey the Property Interest (herein so called) sought to be acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section 21.0112 of the Texas Property Code; and(iv)the Non Confidential Notice; WHEREAS, the City provided the Owner of the Property Interest at least fourteen (14) days to respond to the Final Offer and the Owner of the Property Interest has declined such Final Offer; WHEREAS, the notice for the public meeting of the City Council of the City in which this Resolution is considered, in addition to other information as required by Subchapter C, Chapter 551, of the Texas Government Code, expressly included the consideration by the City of Lubbock of the use of eminent domain to condemn the Property Interest; WHEREAS, in resolving the matters set forth herein, the motion to pass and approve this Resolution was stated as "I move that the City of Lubbock, Texas authorize the use of the power of eminent domain to acquire an Electric Utility Easement, encumbering 2,165 square feet, being a portion of Lot 8, Block 24, Country Club Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 155, Page 247, Deed Records, Lubbock County, Texas, as more particularly described in Exhibit "A",to the Resolution now under consideration and on the overhead screen being now displayed to the audience, for the public use of constructing and operating the Northwest to Mackenzie transmission and distribution lines and related appurtenances, in the City of Lubbock, Texas"; and WHEREAS, after due consideration of the public interests to be furthered by the public use of the 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 has found, and again finds, that a public use and necessity exists to construct and operate the Project to serve the citizens of the City of Lubbock, Texas, and that the public welfare and convenience requires the acquisition of the Property Interest, and the City of Lubbock, Texas does hereby exercise its home-rule and statutory authority to acquire by eminent domain, an Electric Utility Easement, encumbering 2,165 square feet, being a portion of Lot 8, Block 24, Country Club Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 155, Page 247, Deed Records, Lubbock County, Texas, as more particularly described in Exhibit "A", attached hereto and made a part hereof by reference (the "Property Interest"). The Council hereby further finds and determines that the acquisition of the Property Interest is for a public use,to serve the public and the citizens of the City of Lubbock,Texas. 2 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby authorizes and directs the filing and prosecution of eminent domain proceedings by the City of Lubbock, Texas to acquire the Property Interest. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council hereby finds that the Owner was the record title owner of said Property Interest at the time of making the Initial Offer and Final Offer. Without limiting the general authorization provided above, the City Council further authorizes joinder of additional or differing owner or owners, or claimant or claimants, of the Property Interest, if applicable, in the eminent domain proceedings, and to condemn the interests of each such parties to acquire the Property Interest. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Electric Utilities, or his designee, shall have the authority to do all things necessary or appropriate to acquire the Property Interest by eminent domain, including without limitation, the authority to expend funds related to the prosecution of such eminent domain proceedings. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the recitals provided in this Resolution, as set forth above, are specifically and expressly adopted by the City Council as express findings by the City Council. Passed by the City Council this 26th day of March, 2019. DANIEL M. POPE, MAADR ATTEST: CQ'tb� A--- — Bec1V Garza, City Secre ry APPROVED AS TO CONTENT: Andy Burcham, Assistant Director of Electric Utilities APPROVED AS FORM: Richard Casner, LP&L General Counsel 4 EXHIBIT "A" To KUBICA RESOLUTION PARCEL 7 LP&L NORTHWEST-TO-MACKENZIE LOT 8, BLOCK 24 COUNTRY CLUB ADDITION LUBBOCK, TEXAS METES AND BOUNDS DESCRIPTION of a 2,165 square-foot tract of land being a portion of Lot 8, Block 24, Country Club Addition to the City of Lubbock, Lubbock County,Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 155, Page 247, Deed Records of Lubbock County,Texas, said 2,068 square-foot tract being further described as follows: BEGINNING at a 1/2"iron rod with cap marked "HUGO REED ASSOC" set for the Southwest corner of said Lot 8; L1-THENCE N. 0151'29" E., along the West line of said Lot 8 a distance of 42.56 feet to a 1/2"iron rod with cap marked "HUGO REED ASSOC" set for the Northwest corner of this tract; 1-2-THENCE S. 86°05'32" E. a distance of 52.03 feet to a 1/2"iron rod with cap marked "HUGO REED ASSOC" set in the East line of said Lot 8; 1_3-THENCE S. 01°51'29" W., along the East line of said Lot 8, a distance of 40.70 feet to a 1/2"iron rod with cap marked "HUGO REED ASSOC"set for the Southeast corner of said Lot 8; L4-THENCE N. 8808'31" W., along the South line of said Lot 8,a distance of 52.00 feet to the Point of Beginning. Contains: 2,165 Square Feet. Bearings relative to the Texas Coordinate System of 1983, 2011 (epoch 2010.0) North-Central Zone (4202) A survey exhibit bearing the same date accompanies this description herewith.