HomeMy WebLinkAboutResolution - 2020-R0048 - Eminent Domain Resolution - 01/28/2020 (2)Resolution No. 2020-R0048
Item No. 7.20
January 28, 2020
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 the Phillips
Family Trust, the owner 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 (30t1i) 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, by and
through its counsel, 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 0.1871 acres, said tract being a portion of Lot 3, Clovis Road Addition to
the City of Lubbock, Lubbock County, Texas, according to the snap, plat, and/or
dedication deed thereof recorded in Volume 1047, Page 548, 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 0.1871 acres, said tract being a portion of Lot 3, Clovis Road Addition to
the City of Lubbock, Lubbock County, Texas, according to the map, plat, and/or
dedication deed thereof recorded in Volume 1047, Page 548, 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 28th day of January, 2020.
v
DANIEL M. POPE, MAYOR
ATTEST:
Beck Garza, City Secretary
APPROVED AS TO CONTENT:
David McCalla, Director of Electric Utilities
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APPROVED AS TO FORM:
tr)i With LP&L Assistant General Counsel
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FIELD NOTES: PARCEL 45
LP&L NORTHWEST-TO-MACKENZIE
LOT 3, CLOVIS ROAD ADDITION
LUBBOCK COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION of a 0.1871-acre tract of land being a portion of Lot 3, Clovis Road Addition to the
City of Lubbock according to the map, plat, and/or dedication deed thereof recorded in Volume 1047, Page 548, Deed Records
of Lubbock County, also being a portion of that 8.86-acre tract described in County Clerk File Number 2012018662, Official
Property Records of Lubbock County, said 0.1871-acre tract being further described as follows:
BEGINNING at a 1/2” iron rod with cap found in the Southwest right-of-way line of Clovis Road (U.S. Highway No. 84) as
described in Volume 1027, Page 79, Deed Records of Lubbock County, Texas, at the most Easterly Northwest corner of said
Lot 3 and the Northwest corner of this tract;
L1- THENCE S. 55°07’49” E., along the North line of said Lot 3 and said right-of-way line, a distance of 180.58 feet to a 1/2”
iron rod with cap marked “CHT RPLS 6460” found at the Northwest corner of a 1.02-acre tract described in County Clerk File
Number 2017041500 and a corner of this tract;
L2- THENCE S. 01°53’17” W., along the West line of said 1.02-acre tract a distance of 43.15 feet to a 1/2” iron rod with cap
marked “HUGO REED ASSOC” set for a corner of this tract;
L3- THENCE N. 55°25’24” W. a distance of 262.10 feet to a 1/2” iron rod with cap found in the North line of said Lot 3, in the
South right-of-way line of Ursuline Street as dedicated by plat of said Lot 3, for a corner of this tract;
L4- THENCE S. 88°01’38” E., along the North line of said Lot 3 and the South right-of-way line of said Ursuline Street a
distance of 69.11 feet to the Point of Beginning.
Contains: 0.1871 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, 2018
Revised November 20, 2018 to change corner calls.
Robert A. Christopher
Registered Professional Land Surveyor No. 5167
Licensed State Land Surveyor
State of Texas
Exhibit A