HomeMy WebLinkAboutResolution - 2019-R0173 - Easement Rights With TI Holdings - 05/21/2019 Resolution No. 2019-RO 173
Item No. 3.2.5
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 TI
Holdings, LLC, the owner of the Property Interest (the "Owner") on January 4, 2019;
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 City and the Owner negotiated this transaction between January
and April 2019;
WHEREAS, the Owner has agreed to provide the Property Interest to the City in
exchange for $125,336.40 (representing $107,336.40 in compensation and $18,000.00 in
damages);
WHEREAS, City Council of the City of Lubbock's approval is required to
acquire this particular Property Interest;
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 an Electric Utility Easement on land belonging to TI
Holdings, LLC, 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
detennines 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 TIIE 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. including
without limitation, the authority to expend funds related to the purchase of the Property
Interest for $125,336.40, and any necessary closing costs required.
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 day of May, 2019.
"Ik-"
DANIEL M. POPE, MEYOR
ATTEST:
gec -0 jt'-�'e I ., jk----
rarza, City Secrty)
APPROVED AS TO CONTENT:
a;L—A�
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
Jen Sin Otl , LP&L Assistant General Counsel
2
FIELD NOTES: PARCEL 18
LP&L NORTHWEST-TO-MACKENZIE
SECTION 16, BLOCK "A"
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 2.235-acre tract of land located in Section 16,Block A,Abstract 820,Lubbock
County,Texas,being a portion of that 5.92-acre tract described in Volume 9958,Page 34,Official Public Records of Lubbock
County,and that 56.78-acre tract described in Volume 9921,Page 1 10, Official Public Records of Lubbock County,said
2.235-acre tract being further described as follows:
BEGINNING at a 112" iron rod with cap marked"HUGO REED ASSOC"set in the South line of said 5.92-acre tract and in
the North line of Block 1,Blue Chip Addition to the City of Lubbock,Lubbock County,Texas,according to the map,plat,
and/or dedication deed thereof recorded in Volume 873,Page 93,Deed Records of Lubbock County,Texas for the Southeast
corner of this tract,which bears S.66°57'57"E.a distance of 8.04 feet from the original Northwest corner of said Block l;
L1-THENCE N.01049'46"E.,along the East right-of-way line of North Avenue"S"as described in Volume 657,Page 681,
Deed Records of Lubbock County,Texas,a distance of 115.70 feet to a 1/2" iron rod with cap marked"HUGO REED
ASSOC"set for a point of intersection in the North line of said 5.92-acre tract and the South line of said 56.78-acre tract;
L2-THENCE S. 88°06'21"E.,continuing along said East right-of-way line,along the North line of said 5.92-acre tract and the
South line of said 56.78-acre tract a distance of 2.62 feet to a 1/2"square iron tube found at a point of intersection:
L3-THENCE N.01053'40"E.,continuing along said East right-of-way line a distance of 3280.81 feet to a 1/2" iron rod found
in the North line of said 56.78-acre tract and the South line of a 9.2-acre tract described in County Clerk File No.2013043345
(Tract III)of the Oficial Public Records of Lubbock County,Texas,at the Northwest corner of this tract,
1-4-THENCE S. 88°07'01" E.,along the North line of said 56.78-acre tract and the South line of said 9.2-acre tract,a distance
of 29.73 feet to a 1/2" iron rod with cap marked"HUGO REED ASSOC"set for the Northeast corner of this tract;
L5-THENCE S.01°51'03"W.a distance of 18.46 feet to a point of intersection;
1-6-THENCE S.01°55'55"W.a distance of 3389.67 feet to a point of intersection in the South line of said 5.92-acre tract and
the North line of said Block 1;
L7-THENCE N.66057'57"W.,along the South line of said 5.92-acre tract and the North line of said Block 1,a distance of
32.18 feet to the Point of Beginning.
Contains:2.235acres.
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,
July 23,2018
OF
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ROBI?RT A.('1IRISTOP11F.R
o 5167 _„ �
Robert A.Christopher SUR
Registered Professional Land Surveyor No.5167
Licensed State Land Surveyor
State of Texas
Exhibit A
FIELD NOTES: PARCEL 19
LP&L NORTHWEST-TO-MACKENZIE
SECTION 16, BLOCK"A"
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.5327-acre tract of land located in Section 16,Block A,Abstract 820,Lubbock
County,Texas,being a portion of that a 9.2-acre tract described in County Clerk File No.2013043345(Tract 111)of the
Official Public Records of Lubbock County,Texas,said 0.5327-acre tract being further described as follows:
BEGINNING at a 1/2"iron rod with cap marked"HUGO REED ASSOC"found in the South right-of-way line of Loop 289
and in the East right-of-way line of North Avenue"S",at the Northwest corner of said 9.2-acre tract,which bears
N. 88°05'02"W.a distance of 1474.82 feet and S.01°54'58"W.a distance of 197.02 feet from the Northeast corner of said
Section 16;
L1-THENCE S.79°48'42"E.,along the South right-of-way line of said Loop 289 a distance of 26.94 feet to a 1/2" iron rod
with cap marked"HUGO REED ASSOC"set for the Northeast corner of this tract;
L2-THENCE S.01°31'36"W.a distance of 422.61 feet to a 1/2" iron rod with cap marked"HUGO REED ASSOC"set for a
point of intersection:
L3-THENCE S.0151'03"W. a distance of 382.31 feet to a 1/2" iron rod with cap marked"I-IUGO REED ASSOC"set ill the
North line of that 56.78-acre tract described in Volume 9921,Page l 10,Official Public Records of Lubbock County,same
being the South line of said 9.2-acre tract,for the Southeast corner of this tract;
1-4-THENCE N. 88°07'01"W.,along the North line of said 56.78-acre tract and the South line of said 9.2-acre tract,a distance
of 29.73 feet to a 1/2" iron rod with cap marked"HUGO REED ASSOC"set in the East right-of-way line of North Avenue"S"
as described in Volume 657,Page 68I,Deed Records of Lubbock County,Texas,for the Southwest corner of said 9.2-acre
tract and the Southwest corner of this tract:
L5-THENCE N. 01 053'58"E.,along said East right-of-way line and the West line of said 9.2-acre tract a distance of 808.81
feet to the Point of Beginning.
Contains:0.5327 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,
July 23,2018
r�
FP
Robert A.Christopher
Registered Professional Land Surveyor No. 5167 %!l
;7 RO3C:RT A.CI IRISTOPI IER
Licensed State Land Surveyor \1 ......
State of Texas 1`�`r� �r I fi7
SU RJ
Exhibit A
FIELD NOTES: PARCEL 20
LP&L NORTHWEST—TO—MACKENZIE
SECTION 16. BLOCK "A"
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.5322-acre tract of land located in Section 16,Block A,Abstract 820,Lubbock
County,Texas,being a portion of that a 33.107-acre tract described in Volume 10095,Page 254,Official Public Records of
Lubbock County,Texas,said 0.5322-acre tract being further described as follows:
BEGINNING at a 1/2" iron rod with cap marked"HUGO REED ASSOC"found in the South right-of-way line of Loop 289
and in the West right-of-way line of North Avenue"S",at the Northeast corner of said 33.107-acre tract,which bears
N. 88°05'02"W.a distance of 1544.83 feet and S.01°54'58"W.a distance of 186.84 feet from the Northeast corner of said
Section 16;
LI-THENCE S.01038'46"W.,along the West right-of-way line of said Avenue"S"and the East line of said 33.107-acre tract
a distance of 49.34 feet to a"MAG"nail with shiner set for the Southeast corner of this tract;
L2-THENCE N.72056'45" W.a distance of 121.91 feet to a 1/2" iron rod with cap marked"HUGO REED ASSOC"set for a
point of intersection:
L3-THENCE N.87054'11"W.a distance of 533.19 feet to a 112" iron rod with cap marked"HUGO REED ASSOC"set in the
East line of that 26.35-acre tract described ill County Clerk File No.2006036034 of the Official Public Records of Lubbock
County, Texas,same being the West line of said 33.107-acre tract,for the Southwest corner of this tract;
L4-THENCE N.01052'20"E.,along the East line of said 26.35-acre tract and the West line of said 33.107-acre tract,a
distance of 34.18 feet to a 3/8" iron rod found in the South right-of-way line of said Loop 289,at the Northeast corner of said
26.35-acre tract,the Northwest corner of said 33.107-acre tract and the Northwest corner of this tract;
L5-THENCE S. 8755'07"E.,along said South right-of-way line and the North line of said 33.107-acre tract a distance of
533.89 feet to a 5/8"iron rod found at a point of intersection;
L6-THENCE S.79053'07"E.,continuing along said South right-of-way line and the North line of said 33.107-acre tract a
distance of 117.97 feet to the Point of Beginning.
Contains:0.5322 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,
July 23, 2018
OF
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R013FRT A.CIIRISTOP11FA
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Robert A.Christopher 74 rO/'l;Sg1 ��'
Registered Professional Land Surveyor No. 51674 SURvti
Licensed State Land Surveyor
State of Texas �\"
Exhibit A
FIELD NOTES: PARCEL 21
LP&L NORTHWEST-TO-MACKENZIE
SECTION 16, BLOCK "A"
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.3796-acre tract of land located in Section 16,Block A,Abstract 820,Lubbock
County,Texas,being a portion of that 26.35-acre tract described in County Clerk File No. 2006036034 of the Official Public
Records of Lubbock County,Texas,said 0.3796-acre tract being further described as follows:
BEGINNING at a 112" iron rod with cap marked"HUGO REED ASSOC"found in the South right-of-way line of Loop 289 at
the Northwest corner of that 33.107-acre tract described in Volume 10095,Page 254,Official Public Records of Lubbock
County,Texas,and the Northeast corner of said 26.35-acre tract which bears N. 88°05'02"W.a distance of 2195.21 feet and
S.01°54'58"W.a distance of 168.48 feet from the Northeast corner of said Section 16;
L1-THENCE S.01°52'20"W.,along the West line of said 33.107-acre tract and the East line of said 26.35-acre tract a distance
of 34.18 feet to a 112" iron rod with cap marked"HUGO REED ASSOC"set for the Southeast corner of this tract;
L2-THENCE N. 87052'29"W.a distance of 325.51 feet to a point of intersection:
L3-TI-LENCE N. 87052'33"W.a distance of 161.31 feet to a 112" iron rod with cap marked"HUGO REED ASSOC"set in the
East line of that 35.24-acre tract described in County Clerk File No.2013043345,Official Public Records of Lubbock County,
Texas,same being the West line of said 26.35-acre tract, for the Southwest corner of this tract;
L4-THENCE N.0149'49"E.,along the East line of said 35.24-acre tract and the West line of said 26.35-acre tract,a distance
of 33.77 feet to a 518"iron rod found in the South right-of-way line of said Loop 289,at the Northeast corner of said 35.24-acre
tract,the Northwest corner of said 26.35-acre tract and the Northwest corner of this tract;
L5-THENCE S. 87°55'21"E.,along said South right-of-way line and the North line of said 26.35-acre tract a distance of
486.84 feet to the Point of Beginning.
Contains:0.3796 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,
July 23,2018
Revised October 11,2018 to correct typo in CCFN.
OF
6 -7
CI R0131--.RT A.CIHUSTOPII@It
5167 v Q�
Robert A.Christopher
Registered Professional Land Surveyor No. 5167 SU Rv
Licensed State Land Surveyor
State of Texas
Exhibit A
FIELD NOTES: PARCEL 22
LP&L NORTH WEST-TO-MACKENZIE
SECTION 16, BLOCK"A"
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.4817-acre tract of land located in Section 16,Block A, Abstract 820,Lubbock
County, Texas,being a portion of that 35.24-acre tract described in County Clerk File No.2013043345,Official Public
Records of Lubbock County,Texas,said 0.4817-acre tract being further described as follows:
BEGINNING at a 518" iron rod found in the South right-of-way line of Loop 289 at the Northwest corner of that 26.35-acre
tract described in County Clerk File No. 2006036034 of the Official Public Records of Lubbock County,Texas,and the
Northeast corner of said 35.24-acre tract which bears N. 8805'02"W.a distance of 2682.05 feet and S.01°54'58"W.a
distance of 167.11 feet from the Northeast corner of said Section 16;
LI-THENCE THENCE S.01°49'49" W.,along the East line of said 35.24-acre tract and the West line of said 26.35-acre tract,
a distance of 33.77 feet to a 112" iron rod with cap marked"HUGO REED ASSOC"set for the Southeast corner of this tract;
L2-THENCE N. 87056'36"W.a distance of 619.42 feet to a 112"iron rod with cap marked"HUGO REED ASSOC"set in the
East line of that 44.415-acre tract described in County Clerk File No.2017017543,Official Public Records of Lubbock
County,Texas,same being the West line of said 35.24-acre tract,for the Southwest corner of this tract.-
L3-THENCE
ract;L3-THENCE N.01°49'14"E.,along the East line of said 44.415-acre tract and the West line of said 35.24-acre tract a distance
of 33.98 feet to a 112"iron pipe found in the South right-of way line of said Loop 289,at the Northeast corner of said
44.415-acre tract,the Northwest corner of said 35.24-acre tract and the Northwest corner of this tract;
L4-THENCE S.87°55'29"E.,along said South right-of-way line and the North line of said 35.24-acre tract a distance of
619.43 feet to the Point of Beginning.
Contains:0.4817 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,
July 23,2018
ti OF T
17
Robert A.Christopher R013F T A.CHR
Registered Professional Land Surveyor No. 5167 167
Licensed State Land Survevor �rj t1 Q
State of Texas �
SURv
Exhibit A