HomeMy WebLinkAboutResolution - 2019-R0172 - Electric Utility Easement - Cyril And Sandra Reasoner - 05/21/2019 Resolution No. 2019-RO172
Item No. 3.2.4
May 21, 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 Cyril and
Sandra Reasoner, the owners of the Property Interest (the "Owner") on December 20,
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 April 8, 2019, said date being after the thirtieth (30`h} 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 declined
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 0.2923 acres, said tract being a portion of Lots 12, 13, and 14 Clovis Road
Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat,
and/or dedication deed thereof recorded in Volume 1500, Page 605, Deed Records of
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 0.2923 acres, said tract being a portion of Lots 12, 13, and 14 Clovis Road
Addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat,
and/or dedication deed thereof recorded in Volume 1500, Page 605, Deed Records of
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.
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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 21st daE7,019.
DANIEL M. P PE, MAYOR
ATTEST:
ec y_Garza, City Secre ary
APP VED AS TO CONTENT:
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
Ty
th, LP&L Assistant General Counsel
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FIELD NOTES: PARCEL 43
LP&L NORTHWEST-TO-MACKENZIE
LOTS 12-14, CLOVIS ROAD ADDITION
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.2923-acre tract of land being a portion of Lots 12, 13,and 14,Clovis Road
Addition to the City of Lubbock according to the map,plat,and/or dedication deed thereof recorded in Volume 1500,Page
605,Deed Records of Lubbock County,said 0.2923-acre tract being further described as follows:
BEGINNING at a 1/2"iron rod found in the Southwest right-of-way line of Clovis Road(U.S.Highway No. 84)as described
in Volume 995,Page 385,Deed Records of Lubbock County,Texas,at the Northeast corner of said Lot 12,same being the
Northwest corner of Lot 11,said Clovis Road Addition,and the Northeast corner of this tract;
L1-THENCE S.01°49'16"W.,along the East line of said Lot 12 and the West line of said Lot 11,a distance of 42.08 feet to a
point for the Southeast corner of this tract;
L2-THENCE N. 55012109"W. a distance of 359.87 feet to a 1/2"iron rod with cap marked"HUGO REED ASSOC"set in the
West line of said Lot 14 and the East line of a 20-foot alley for the Southwest corner of this tract;
L3-THENCE N.01 050'161'E.,along the West line of said Lot 14 and the East line of said alley,a distance of 42.25 feet to a
1/2" iron rod with cap marked"HUGO REED ASSOC"set in the South right-of-way line of said Clovis Road for the
Northwest corner of said Lot 14 and the Northwest corner of this tract;
L4-THENCE S.550 10'44"E.,along said right-of-way line and the North lines of said Lots 14, 13,and 12,a distance of
359.96 feet to the Point of Beginning.
Contains:0.2923 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.
Surveyed on the ground,
October 4,2013
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Robert Christopher U
Registered
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Licensed State Land Surveyor
State of Texas
Exhibit A