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HomeMy WebLinkAboutResolution - 2020-R0165 - Ramonez & Gonzalez Electric Utility EasementResolution No. 2020-R0165 Item No. 6.25 May 12, 2020 RESOLUTION WHEREAS, the Electric Utility Board of the City of Lubbock has approved, and recommended adoption to the City Council of the City of Lubbock, certain Capital Improvement Projects providing for the upgrade of Lubbock Power & Light's system to 115 kV, which includes Capital Improvement Project ("CIP") 92460, 69/115 kV Line Rebuild: Erskine to Mackenzie (the "Electric Project"), WHEREAS. the City Council of the City of Lubbock has approved, through adoption of the budget for Lubbock rower & Light, the Electric Project: WHEREAS. the Electric Project serves the public interest of the citizens of the City of Lubbock in providing needed electric utility infrastructure reliability related improvements ("Electric Facilities"): WHEREAS, to complete the Electric Project, LP&L is in need of a perpetual easement for the Electric Facilities across the property of Julia Ramonez, Irene R. Ramonez, and Cecillia Gonzalez (the "Grantor"). as more particularly described in Exhibit A to the attached Electric Utility Easement (the "Property Interest"); WHEREAS, LP&L has engaged in negotiations with the Grantor of the Property [merest and has agreed on a purchase price of Thrce "Thousand and No/100 Dollars ($3,000) for the Property Interest; WHEREAS, after due consideration of the public interests to be furthered by the public use of the Electric 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 of the City of Lubbock hereby approves the Electric Utility Easement from .litIia Ramonez, Irene R. Ramonez, and Cecillia Gonzalez to the City of Lubbock, as attached hereto as Exhibit 1, and approves payment of consideration in the amount of Three Thousand and Nol100 Dollars ($3,000). Passed by the City Council this 12th day of May, 2020. "I-V Daniel M, Pope, Mayor ATTEST: �Q L'�,, Z Reb ca arza, City Secretar APPROVED AS TO CONTENT: '1 David McCalla, hector of Electric Utilities APPROVED AS TO FORM: Je m th, LP&L General Counsel Resolution No. 2020-RO165 Exhibit 1 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, Julia R. Ramona, Irene R. Ramonez and Cecillia Gonzalez (the "GRANTOR`% for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, to GRANTOR in hand paid has granted, sold, and conveyed and by these presents does grant, sell and convey unto the GRANTEE perpetual 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 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 properly situated in Lubbock County, Texas, being approximately 30 square feet and being more particularly described in Exhibit "A", attached hereto and incorporated into this document by reference (the "EASEMENT PROPERTY'). As used herein, the term "GRANTEE" shall mean the CITY OF ER-MKO03.000 LUBBOCK, TEXAS (-LUBBOCK-), whose address is 1301 Broadway, Lubbock, Texas 79401. GRANTEE shall have the right of ingress, egress and regress in, on, over, under and across the 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. In the event that access is not reasonably available over the EASEMENT PROPERTY, then GRANTEE shall have the right of reasonable ingress and egress over GRANTOR'S adjacent or remaining property along a route that is reasonable and appropriate under the circumstances then existing, in order to obtain access to the EASEMENT PROPERTY. 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 further reserves the right to lay out, dedicate, construct, maintain and use across said strip such roads, streets, alleys, railroad tracks, underground telephone cables and conduits and gas, water and sewer pipe lines as will not interfere with GRANTEE'S use of said land for the purpose aforesaid, provided all such facilities shall be located at angles of not less than 45 degrees to any of GRANTEE'S lines, and shall be so constructed as to provide with respect to GRANTEE's FACILITIES the minimum clearances provided by law and recognized as standard in the electrical 2 ER-MK003.000 industry, as same may change from time to time. GRANTOR also reserves the right to erect fences not mote than 8 feet high across said land, provided all such fences shall have gates, openings, or removable sections at least 16 feet wide which will permit GRANTEE reasonable access to all parts of said land. Should GRANTEE later determine that a width greater than 16 feet is necessary, then GRANTEE shall have the right granted above to install additional or wider gates at its sole discretion, but the installation of such additional or wider gates shall be at the sole expense of GRANTEE. The structures and facilities described in this paragraph as being permitted uses by the GRANTOR, shall not be considered UNPERMITTED STRUCTURES, as defined below. GRANTOR stipulates that the consideration herein paid constitutes and includes all compensation due GRANTOR by GRANTEE related to the rights granted herein and the use of the EASEMENT PROPERTY ("PROJECT") by GRANTEE, including without limitation, any damage to or diminution in the value of the remainder of GRANTOR'S property caused by, incident to, or related to the PROJECT, value of, damage to and/or costs of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any kind, including without limitation, residential structures located within the EASEMENT PROPERTY, related to activities conducted pursuant to this EASEMENT and/or PROJECT, and interference with GRANTOR'S activities on the EASEMENT PROPERTY or other property interests of GRANTOR, caused by or related to activities related to this EASEMENT and/or the PROJECT, whether accruing now or hereafter, and GRANTOR hereby releases for themselves, their heirs, devisees, successors and assigns, GRANTEE, it's officers, employees, elected officials, agents and contractors from and against any and all claims they may have now or in the future, related to the herein described matters, events and/or damages. GRANTOR, for himself, his heirs, devisees, successors and assigns, subject to the terms 3 ER-MX003.000 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. 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 gazes 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, stmctutes, 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 GRANTOR 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 onto 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. 4 ER-MKO03.000 WITNESS THE EXECUTION HEREOF as the 4 day of _ /¢.to.@� � . 2020. GRANTOR: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, -C ;g fUR� fl<&Arh 5 , on this day personally appeared Julia R. Ramon= (mown to me (or proved to me) on the oath of or through n.Giaf�l6 Zlca di6 (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL of office this L day of Xof. 2020. �-"'� aknw Deems � T I a�awr Notary Public, State of Texas ID ao. t]lerM0.1 My commission expires: R 3 i7' ER-MK003.000 1 ACKNOWLEDGMENT THE STATE OF TEXAS § *911)z0IV&]2 411.3gre1 Mq, BEFORE ME, //', �A A,e. q-o Any s , on this day personally appeared Irene R. Ramonez, (mown to me (or proved to me) on the oath of or through .P fi ✓6<* description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL of the office this /"y of L2020. *Rirnuq AOema i• E'r"^ Notary Public, State of Texas io Ro.1]ae>wca My commission expires: fli3/� z ER-MK003.000 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, Alc.h4w<. 14N4oy S . on this day personally appeared Cecillia Gonzalez, known to me (or proved to me) on the oath of or through PA, y(description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL of the office this 1$iday of % 2020. R �4���� - Notary Public, State of Texas D Ha tMp1Mp1 �/�a My commission expires:} M 31111;W Ci 1T Legacy PSG, Inc. P. O. Box 64130 Lubbock, TX 79464 ER-MK003.000 LP&L ERSWNE-MAC<ENZIE OWNER: The Estate of Juan Rananaz. deceaad ad Mm R. na Ro ez Vol. 1224 Pg. 392 EASEMENT EXHIBIT LP&L ERSKRe-TO-MACKENZIE LUBBOCK,TEXAS ERSK/NE STREET 50'R/0hl-of-Way W 12.50' a EASEMENT TRACT The North 2.50 feet of the West 12.00 feet of the North 12 of Lot Thirteen (13). Block Ten (10). Burleson and Osborn Addition to the City of Lubbock. Lubbock County Texas being more particularly described in that certain Warranty Deed doted January 27 1970 and recorded February 02. 1970 in Volune 1224. Page 392 of the Deed Records of Lubbock Cann. Texas, containing 30 square feet. OWNER: The Estate of Juan Romonez, deceased and Julia R. Ramonez 161%yjfir4�Y4ei NOTES: EXHIBIT PREPARED 03/12/2020 ® -SET 'Y' ON CONIC. o-SET I&' IRON ROD w/CAP HEAVY LINES DENOTE PLAT LIMITS BEARINGS ARE RELATIVE TO GRID NORTH, TEXAS COORDINATE SYSTEM OF 1983, NORTH -CENTRAL ZONE, (2011; EPOCH 2O10.0) 170616/roc t STFh'�@ t P `� O ROKRf A OHRWOPNER 'O 5/57 � ✓yoft9t1`o+ -'D� N j.jqHUGO REEDI AND ASSOCIATES, INC.