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HomeMy WebLinkAboutResolution - 2019-R0111 - Michael Brooks Property - LP&L - 03/26/2019 Resolution No. 2019-RO 111 Item No. 8.4 March 26, 2019 RESOLUTION WIIEREAS, 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 Michael Brookes, the owner of the Property Interest (the "Owner") on November 16, 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, along with such 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 was non- responsive to the terms of the Final Offer within that period; 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 0.1192 acres, said tract being a portion of Tracts 2 and 3, Gyp Pit Addition to City of Lubbock, Lubbock County, Texas, according to the map,plat and/or dedication deed thereof recorded in Volume 912, Page 683, 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 0.1192 acres, said tract being a portion of Tracts 2 and 3, Gyp Pit Addition to City of Lubbock, Lubbock County,Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 912, Page 683,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. 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. 2 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, NIAYOR ATTEST: BAY_Garza, City Secr tar 3 APPROVED AS TO CONTENT: Andy Burcham, Assistant Director of Electric Utilities APPROVED AS TO FORM: G�l Richard Casner, LP&L General Counsel 4 EXHIBIT "A" To BROOKES RESOLUTION PARCEL 13 LP&L NORTHWEST-TO-MACKENZIE TRACTS 2 &3,GYP PIT ADDITION LUBBOCK,TEXAS METES AND BOUNDS DESCRIPTION of a 0.1192-acre tract of land being a portion of Tracts 2 and 3, Gyp Pit Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 912, Page 683, Deed Records of Lubbock County,Texas, said 0.1192-acre tract being further described as follows: BEGINNING at a 1/2" iron pipe found in the South right-of-way line of Erskine Street as dedicated in Volume 478, Page 315, Deed Records of Lubbock County,Texas, and the West right-of-way line of Avenue "P" as dedicated in Volume 502, Page 356, Deed Records of Lubbock County,Texas, at the Northeast corner of said Tract 2,for the Northeast corner of this tract; L1-THENCE S.0140'06" W., along the East line of said Tract 2 and the West line of said Avenue "P" a distance of 22.28 feet to a point for the Southeast corner of this tract; 1-2-THENCE S. 8955'29"W. a distance of 138.12 feet to a point of intersection 1-3-THENCE N. 8809'18" W. a distance of 102.29 feet to a 1/2" iron rod with cap marked "HUGO REED&ASSOC"set in the East line of Lot 1, K.O.C. Addition according to the map, plat, and/or dedication deed thereof recorded in Volume 7936, Page 254, Official Public Records of Lubbock County,Texas, same being the West line of said Tract 3,for the Southwest corner of this tract; 1-4-THENCE N. 01°32'38" E., along the West line of said Tract 3 and the East line of said Lot 1 a distance of 18.97 feet to a "MAG" nail with shiner set in the South right-of-way line of said Erskine Street for the Northwest corner of said Tract 3 and the Northeast corner of said Lot 1, and the Northwest corner of this tract; 1-5-THENCE S. 89°57'11" E., along said right-of-way line and the North lines of said Tracts 2 and 3 a distance of 240.49 feet to the Point of Beginning. Contains: 0.1192 acres. 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.