HomeMy WebLinkAboutResolution - 2022-R0323 - Overhead Electric Power Line Easement with Southwestern Public Service, Landfill 69Resolution No. 2022-RO323
Item No. 5.12
July 26, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, an Overhead Electric Power Line Easement over and across
portions of City owned property located in Section 33, Block A, G.C. & S.F. Co. Survey,
Lubbock County, Texas, by and between the City of Lubbock and Southwestern Public
Service Company, and all related documents. Said Easement is attached hereto and
incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council on July 26, 2022
ATTEST:
Qj P
Rebec Garza, City Secre
D] 13MIS
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Jesica cEachern, Assistant City ager
APPROVED AS TO FORM:
Ry26 13 e, Assistant City Attorney
RES.Power Line Easement with SPS
7.15.22
Cot,f,�U, P
Resolution rq 2022-R0323 2022040080 6 PGS RESOL
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OVERHEAD ELECTRIC POWER LINE EASEMENT
DATE: July 26, 2022
GRANTOR: CITY OF LUBBOCK
GRANTOR'S MAILING ADDRESS: P.O. Box 2000, Lubbock, TX 79464
GRANTEE: SOUTHWESTERN PUBLIC SERVICE COMPANY
GRANTEE'S MAILING ADDRESS: P.O. BOX 1261, Amarillo, Texas 79105-1261
COUNTY AND STATE IN WHICH PROPERTY IS LOCATED: Lubbock County, Texas
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 ("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:
A permanent seventy feet (70') wide strip of land. SEE EXHIBIT "A" attached hereto and
incorporated by reference, the ("Easement Area"), together with the rights to utilize an additional
temporary thirty foot (30') wide strip of land (for construction purposes only) adjacent to the west of
and parallel with said seventy -foot -wide strip of land, over and across portions of
Section 33, Block A.G.C. & S.F. Co. Survey, Lubbock County, Texas.
This Easement replaces and supersedes the easement dated 12/21/1945 and recorded in the
Lubbock County records at Volume 315 Page 51.
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.
The electric power lines will consist of a variable number of conductors, wires, communication
cables, insulators, crossarms, and all other necessary and desirable appurtenances and devices
attached to, supported from, and a part of the necessary structures consisting of a variable number
of wood, steel, other metal, or other substance members of poles, props, guys, and anchors
(collectively referred to as the "Facilities"). The easement is non-exclusive.
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 Facilities; (b) to relocate the Facilities
within the Easement Area; (c) to remove, cut, fell, 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 Facilities ; and (d) to enter Grantor's property to conduct (i) routing surveys and
studies relating to the Facilities , (ii) environmental surveys and studies relating to the Facilities,
(iii) cultural resource surveys and studies relating to the Facilities, 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.
SPS, its successors and assigns, must construct and at all times maintain the Facilities 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.
No temporary or permanent 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. Excluding groundwater monitoring wells and gas wells, 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, which may interfere with the Facilities or interfere with the exercise of any of
the rights granted pursuant to this Easement. Grantor shall be permitted to construct any and all
facilities necessary to ensure that Grantor's facility remains in compliance with TCEQ permits and
all governing regulations as a landfill facility. Grantor agrees not to install trees or shrubs within
the Easement.
6. In addition to the consideration set forth above, on completion of initial construction and installation,
actual loss or damage to the City's landfill operations occasioned by initial construction and
installation of the facilities will be paid. Additionally, Grantee will pay for any damages arising from
operation, repair, maintenance, inspection, replacement, and future removal of the lines and
support facilities after initial construction in the easement. Payment will be made to Grantor as the
fee owner of the Easement Area. Grantor shall be responsible for any distribution or allocation to
third parties who may hold an interest in such damage payments and Grantor shall hold SPS
harmless from the same.
7. Grantor shall have the right to request SPS conduct weed control work within the Easement Area.
SPS may employ an independent contractor for weed control work, and that weed control work will
utilize recognized and accepted weed control methods and materials. The weed control methods
and materials shall be approved by the Grantor prior to work. To request weed control work Grantor
shall call the Program Manager for Vegetation Management for Xcel Energy at 1-800-895-4999.
8. Grantee shall not grant access to the Easement Area by any third -party for any purpose that is not
related to the construction, safety, repair, maintenance, inspection, replacement, operation, or
removal of the electric lines and appurtenant facilities.
9. Grantee shall be authorized to maintain its own locks in each of Grantor's gates so long as
Grantee's use thereof does not interfere with ;he City's operation of the landfill.
10. Following initial construction, SPS shall use reasonable efforts to return the surface of the
Easement Area, which is unencumbered by structures, to its original condition and appearance
prior to SPS's work on the property, unless the safety or operational needs of SPS and the electric
facilities would be impaired. Further, SPS shall use reasonable efforts to return the surface of the
Easement Area, which is unencumbered by structures, to its original condition and appearance
prior to SPS's work on the property, unless the safety or operational needs of SPS and the electric
facilities would be impaired, following any future damages caused by SPS' use of the Easement
Area. SPS shall not have the obligation to replace vegetation within the Easement Area other than
to reseed to native grass. SPS shall reseed the Easement Area to native grass following initial
construction.
11. This Easement is assignable; however, SPS shall not assign this Easement to any assignee that
will not operate as a utility subject to the jurisdiction of the Public Utility Commission of Texas or
the Federal Energy Regulatory Commission without written notice to the Grantee or assign(s) at
the last known address of the person in whose name the Property is listed on the most recent tax
roll of any taxing unit authorized to levy property taxes against the Property.
12. This easement shall not be used for any purpose other than that stated in this Easement without
the express written consent of Grantor or its assign(s).
13. Grantor acknowledges that the general course of this Easement is based on preliminary surveys
of the desired location of the electric power line, and agrees that the easement shall apply to the
actual location of the electric power line when constructed.
14. This Easement incorporates all agreements and stipulations between Grantor and SPS as to the
subject matter of this Easement and no prior representations or statements, verbal or written, shall
modify, supplement or change the terms of this Easement. The titre of this document is inserted
for convenience only and does not define or limit the rights granted pursuant to this Easement. SPS
does not offer or agree to extend any Favored Nations provisions as a part of this Easement. This
Easement consists of the document entitled "Overhead Electric Powerline Easement" and
an Exhibit containing a legal description and a sketch depicting the legal description. No
other exhibit, addendum, schedule or other attachment (collectively "Addendum") is authorized by
SPS, and no Addendum shall be effective and binding upon the parties unless separately
executed by an authorized representative of SPS.
When the context requires, singular nouns and pronouns include the plural.
Grantor binds Grantor, and Grantor's heirs, successors, assigns, and legal representatives, to WARRANT
AND FOREVER DEFEND all and singular the rights conveyed in this instrument of SPS and its successors
and assigns.
Executed this 26th day of July 2022.
GRANTOR: CITY OF LUBBOCK
Signature _
Print Name: Tray Payne
Title: Mayor
STATE OF � XQLS
I
COUNTY OF L-+
-0%
This instrument was acknowledged before me on the day of
1
f 2022, by ' r0. 01
as r�(&A,(&C _ for the City of Lubbock
CARINA REYES
Notary Public State of Texas
Notary ID# 13331645-5
My Commission Expires 09-07-2025
Return Recorded Instrument to:
Xcel Energy
Siting and Land Rights
790 S. Buchanan St.
Amarillo, Texas 79101
C�
Notary's Signa e
EXHIBIT "Ass
SPECIAL WARRANTYCK DEED
DOCUMENT NO. 201803=6
OUT OF
SECTION 37, BLOCK A
G.C. R S.F. RR CO. SURVEY
C AN LIN H. LUBBOCK COUNTY. TEXAS
WARRANTY DEED NTTH VENDOR'S LIEN
VOLUME 1816. PACE 50
115.07f ACRES
OUT OF
SECTION 37, BLOCK A HILL AN WLL
G.C. & S.F. RR. CO. SURVEY i WARRANTY DEED WON VENCWs LIEN
LVBSOCK COUNTY. TEXAS DOCUMENT NO. 2017MI36
15.3M ACRES
SEE DETAIL
CM I SEC. 37 S 241.49'
(BASE ^UNE) CM
N I SECT. 33 B W 25 V E 2620.59' W j
1V
�iaff OF Lu8BOCK _0
DEED
VOLUMEJ32. PAGE *2
69.W* ACRESOUT OF
j
SECTION A BLOCK A
GC. & S.F. RR CO. SURVEY
CK LUBBOCOUNTY. TExAS
r�r
S W25' 04' E 70.02'
I CM
TY �� _ _ SEC. 37 RM
f:OUN
SEC. 33
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8.51t ACTUAL
ACRES IN EASEMENT
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DERAIL:-
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NOT TOSCALE
sll
C" OF WEISOCK
CORRECTED WARRANTY DEED
VOLUME 1255. PAGE 330
i
II
318.733 ACRES
' GM
N I
I N
OUT OF
SECTION 33. BLOCK A
RM
I I
C.C. & S.F. RR. CO. SURVEY
S 88' 23' 04' E 2960'
LUBBOCK COUNTY. TEXAS
F, 11 G
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II
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I II
I II
N 88' 22' 32' W 193.40' II
v
N W22' 3Y W 70.02'
---- CM— — _ SEC. 33
CLFNN SBI RM, 29
SPECIAL WARRANTY DEEDDOCUMENT NO. 2011005974 (3906)II
168.36t ACRES J.H. GREEN
WARRANTY 0® WITH VENDOR'S LIEN
OUT OF VOLUME 183. PAGE 525
SECTION 29, BLOCK A 153.755 ACRES
C.C. 6: S.F. RJL 00. SURVEY
IUBBOCK COUNTY. TEXAS OUT OF
NE/4 SECTION 29. BLACK A
C.C. k S.F. R.R. CO. SURVEY
LUB80CK COUNTY. TEXAS
BASL4 OF BRAMG— Bearings were derived using GPS relative
positioning techniques based on multiple OPUS solutions on
March 22, 2021 and are referred to Grid UTM Coordinate
System —Zone 14N, NAD (1983).
Distances are Grid.
Combined Factor - 1.000314036
e ,m ew wee
:1 EASEMENT
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CM
CONTROL MONUMENT
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RM
RECORD MONUMENT
5/8-IRON ROD FND
LANDON M. STOKES
1/2" IRON R00 FND
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�� 6175
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RAILROAD SPIKE FND
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1/2' IRON ROD W/CAP FND
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(XXXX)
E OR NUMBER IN ORIGIN
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LANDON M. KE.
INDICATES MONUMENT
TAI Ar;?FAr-c — A R14-
1POT a R 1 7+C d- ?9
FURMAN LAND SURVEYORS,
DANIEL R. FURMAN. RPLS
P.O. BOX 1416
AMARILLO, TEXAS 79105-1416
(806)374-4246
TEXAS FIRM #10092400 & 10092401
INDEMNG INFOPJU77ON
OWNER: CITY OF LUBBOCK
LOCATION: SECTION 33, BLOCK A, O.C.&S.F. RIL CO.
SURVEY. LUBBOCK COUNTY, TEXAS
EASEMENT SURVEY FOR
SOUTHWESTERN PUBLIC
V 15 - 115 KV LINE
Easement Description
An easement out of Section 33, Block A, G.C. & S.F. RR. Co. Survey, Lubbock County, Texas, further being out
of that certain 318.73t acre tract of land described in that certain instrument recorded in Volume 1255, Page 330
as filed in the Official Public Records of Lubbock County, Texas, said easement having been surveyed on the
ground by Furman Land Surveyors, Inc. and being described by metes and bounds as follows:
(Bearings and Distances are Grid UTM Coordinate System -Zone 14N, NAD (1983) using GPS relative
positioning techniques based on multiple OPUS solutions on March 22, 2021.
Combined Scale Factor = 1.000314036)
COMMENCING at a railroad spike found for the Northwest comer of said Section 33, same being the Southwest
comer of Section 37, Block A, G.C. & S.F. RR. Co. Survey, Lubbock County, Texas, from whence a 5/8 inch
iron rod found for the Northeast comer of said Section 33, same being the Southeast comer of said Section 37,
and being the Northeast comer of said 318.73E acre tract of land bears S. 88025'04" E. (Base Line) 5241.49 feet;
THENCE S. 88025'04" E. 2620.59 feet along the North line of said Section 33, same being the South line of said
Section 37 to a 1/2 inch iron rod found for the Southeast corner of that certain 115.07E acre tract of land
described in that certain instrument recorded in Volume 1816, Page 593 as filed in the Records of Lubbock
County, Texas, same being the Southwest comer of that certain tract of land described in that certain instrument
recorded in Document No. 2018035026 as filed in the Official Public Records of Lubbock County, Texas, further
being the Northeast comer of that certain 69.68t acre tract of land described in that certain instrument recorded in
Volume 1832, Page 462 as filed in the Records of Lubbock County, Texas, also being the Northwest comer of
said 318.73t acre tract of land, as well as being the Northwest comer of the East half of said Section 33, and
being the Northwest and BEGINNING CORNER of this easement;
THENCE S. 88°25'04" E. along the North line of said Section 33, same being the North line of said 318.73E acre
tract of land, also being the South line of said Section 37, and being the South line of said tract of land described
in Document No. 2018035026 at 29.60 feet pass a 1/2 inch iron rod found for the Southwest comer of that certain
15.536t acre tract of land as described in that certain instrument recorded in Document No. 2017045156 as filed
in the Official Public Records of Lubbock County, Texas, continuing along the South line of said 15.536t acre
tract of land, same being the North line of said Section 33, same being the North line of said 318.73E acre tract of
land, further being the South line of said Section 37 for a total distance of 70.02 feet to a point for the Northeast
corner of this easement;
THENCE S. 01011'36" W. 854.42 feet to a point;
THENCE S. 01 ° 18'02" E. 4446.93 feet to a point being in the South line of said 318.73t acre tract of land, same
being the South line of said Section 33, also being the North line of Section 29, Block A, G.C. & S.F. RR. Co.
Survey, Lubbock County, Texas, further being the North line of that certain 153.75E acre tract of land described
in that certain instrument recorded in Volume 183, Page 525 as filed in the Records of Lubbock County, Texas,
and being the Southeast comer of this easement;
THENCE N. 88022'32" W. 70.02 feet along the South line of said 318.73t acre tract of land, same being the
South line of said Section 33, also being the North line of said Section 29, further being the North line of said
153.75t acre tract of land to a 1/2 inch iron rod with cap stamped "3906" found for the Northwest comer of said
153.75E acre tract of land, same being the Northeast comer of that certain 168.36E acre tract of land described in
that certain instrument recorded in Document No. 2011005974 as filed in the Official Public Records of Lubbock
County, Texas, and being the Southwest comer of this easement, from whence a 1/2 inch iron rod found for the
Southwest comer of said 318.73t acre tract of land, same being the Southwest comer of the East half of said
Section 33 bears N. 88°22'32" W. 193.40 feet;
THENCE N. 01 ° 18'02" W. 4444.88 feet to a point being in the West line of said 318.73E acre tract of land, same
being the West line of the East half of said Section 33, also being in the East line of said 69.68E acre tract of land;
THENCE N. 01011'36" E. 856.42 feet along the West line of said 318.73E acre tract of land, same being the West
line of the East half of said Section 33, also being in the East line of said 69.68E acre tract of land to the POINT
OF BEGINNING.
Easement contains 8.51t Acres.
INDEMNG INFORMATION
OWNER: CITY OF LUBBOCK
LOCATION: SECTION 33, BLOCK A. G.C.&S.F. RR. CO.
""""DON"" M"."STOKES """•
I.AN
SURVEY. LUBBOCK COUNTY. TEXAS
FURMAN LAND SURVEYORS, INC.
.. ...............
6175
ypF•€
EASEMENT SURVEY FOR
DANIEL R. FURMAN, RPLS
1oa,j
d •�
SOUTHWESTERN PUBLIC SERVI,
P.O. BOX 1416
AMARILLO, TEXAS 79105-1416
SU
VIS- IISKVLINE
(806)374-4246
TEXAS FIRM #10092400 & 10092401
LANDON M. S S
RPTC A17LS L -21 3&72
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FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
K4lly Pinion County Clerk
Lubbock County TEXAS
08/19/2022 03:60 PM
g2022040080