HomeMy WebLinkAboutResolution - 2019-R0352 - Thompson To Vicksburg Electric Utility Easement - 09/24/2019 Resolution No. 2019-R0352
Item No. 6.37
September 24, 2019
RESOLUTION
WHEREAS, the City of Lubbock, Texas (the "City") has initiated the Thompson
to Vicksburg transmission rebuild ("Project"), which will require 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 has voluntarily transacted with Annette Session, the owner
of the Property Interest, which is a 164-square foot easement at Chicago Avenue and 41"
Street;
WHEREAS, Annette Session has agreed to provide the Property Interest to the
City in exchange for six hundred dollars ($600.00) plus closing costs;
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 Rirthered 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 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 Annette Session, as more
particularly described in Exhibit "A," attached hereto and made apart 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 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$600.00, 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 24th day of September, 2019.
DANIEL M. P E, MAYOR
ATTEST:
S�e'c2Qarza, City Secretary
APPROVED AS TO CONTENT:
Blair McGinnis, Chief Operating Officer, Electric Utilities
APPROVED AS TO FORM:
JenV Smith, &L Assistant General Counsel
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Resolution No. 2019-R0352
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THAT, ANNETTE SESSION (the "GRANTOR"), for and in consideration of Ten Dollars
($10.00), and other good and valuable consideration, to GRANTOR in hand paid by the CITY OF
LUBBOCK, a Texas home rule municipal corporation, which is located in Lubbock County, Texas,
and whose mailing address is 1301 Broadway, Lubbock, Texas 79401 ("GRANTEE") has granted,
sold, and conveyed and by these presents does grant, sell and convey unto the GRANTEE perpetual,
exclusive and unobstructed easements and rights of way (collectively, the "EASEMENT") for the
purposes of erecting, operating, maintaining and servicing thereon one or more [underground and/or]
above ground electric transmission and electric distribution power and/or communication lines, each
consisting of a variable number of wires and cables, along with all necessary, convenient or desirable
appurtenances, attachments and supporting structures, including without limitation, foundations, guy
wires and guy anchors, and structural components (collectively referred to herein as the
"FACILITIES"), in, on, over, under and across that certain real property situated in Lubbock County,
Texas, being approximately 140 square feet and being more particularly described in Exhibit "A",
attached hereto and incorporated into this document by reference (the "EASEMENT PROPERTY").
GRANTEE shall have the right of ingress, egress and regress in, on, over, under and across the
Exhibit A
EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve,
reconstruct, increase or reduce the size and capacity, repair; relocate, inspect, patrol, maintain, remove
or replace such FACILITIES within the EASEMENT PROPERTY as GRANTEE may from time to
time find necessary, convenient or desirable, along with all rights necessary or convenient for full use
and enjoyment of the above grant, including access over, across and upon the EASEMENT
PROPERTY. GRANTEE shall have the right to trim or remove trees or shrubbery within said
EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to
prevent possible interference with the efficiency, safety and/or convenient operation of the
FACILITIES or to remove possible efficiency, safety or operational hazards thereto. GRANTOR shall
not make changes in grade, elevation or contour of the EASEMENT PROPERTY or impound water
within, over and/or across the EASEMENT PROPERTY without prior written consent of GRANTEE.
GRANTOR, for himself, his heirs, devisees, successors and assigns, subject to the terms
herein, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other
purposes that will not interfere with the GRANTEE'S full enjoyment of the EASEMENT and/or the
exercise of GRANTEE's rights hereunder.
GRANTOR acknowledges the EASEMENT granted herein is exclusive, so as to exclude all
other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however,
the EASEMENT is nonexclusive as to GRANT'OR'S right to use the EASEMENT PROPERTY in
accordance with the terms hereof. Upon written consent of GRANTEE, such consent to be exercised
at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under
separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their
respective utilities in, on, over, under, and across the EASEMENT PROPERTY perpendicularly or as
otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require
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Exhibit A
GRANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion
of GRANTEE.
GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to (i) install gates on
fence lines within the EASEMENT PROPERTY and to keep such gates locked, at its discretion; and
(ii)trim or remove trees as provided herein within the EASEMENT PROPERTY.
GRANTOR represents and warrants to GRANTEE that as of the execution date hereof, no
buildings, structures, signs, obstructions or other facilities or improvements of any kind
("UNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not
construct, and GRANTEE shall have the right to prevent the construction of, UNPERMITTED
STRUCTURES on the EASEMENT PROPERTY and if any UNPERMITTED STRUCTURES are
hereafter constructed or permitted by GRANTOR to exist within the EASEMENT PROPERTY
without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the same
and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal.
The EASEMENT shall constitute a covenant running with the land and shall bind and inure to
the benefit of GRAN'T'OR and GRANTEE,and their heirs, devisees, successors,and assigns.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise.
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Exhibit A
WITNESS THE EXECUTION HEREOF as they day of .2019.
GRANTOR:
ANNETTE SESSION
THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me, the undersigned authority, on this day personally appeared Annette Session, known to me to
be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that she executed
the same as her free act and deed for the purposes and consideration therein expressed.
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Given under my hand and seal ol'oftice thie� clay of�-lt�',2019.
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Exhibit A
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