HomeMy WebLinkAboutResolution - 2020-R0188 - Electic Utility Easement, CorralesResolution No. 2020-R0188
Item No. 8.12
June 9, 2020
I:ll **61-1tol 0_11M
WHEREAS, the City of Lubbock, Texas (the "City') has initiated the Holly
Substation to Southeast Substation Line and Distribution Project ("Project"), which will
require, among other real property interests, the Property Interest, as defined below;
WHEREAS, the Project consists of rebuilding and upgrading a single circuit 69
kilovolt (kV) electric transmission line to a 115 kilovolt (kV) electric transmission line
beginning at the existing Holly Substation, located south of U,S. Highway 84 near 82nd
Street, and ending at the existing Southeast Substation, located west ❑f' U.S. Interstate 27
at the intersection of Avenue P and 82nd Street,
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 s❑ called) to Joe
Corrales and Connie Corrales, the owners of the Property Interest (the "Owners") on
March 17.2020:
WHEREAS. the City made an Initial Offer based on the market study approach
conducted for this Project;
WHEREAS, the Initial Offer made by the City to the Owners of the Property
Interest did not include a confidentiality provision and further informed the Owners of
the Property Interest that such Owners had the right to (i) discuss any offer or agreement
regarding the City's acquisition of the Property Interest with others; or (i i) keep the: of'lcr
or agreement confidential, unless the offcr or agreement would be subject to Chapter 552
of the Texas Government Code (the "Non Confidential Notice"):
WHEREAS. the City made a written Final Offer (herein so called) to the Owners
of the Property Interest in accordance with Chapter 21 of the Texas Property Code on
May 28, 2020, said date being after the thirtieth (30`'') day after the date on which the
City made the Initial Offer to the Owners of the Property Interest;
WHEREAS. along with such Final Offer, the Owners 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 Owners' remaining property;
WHEREAS, the Final Offer made to the Owners of the Property Interest was
celual to or greater than the amount of the written appraisal obtained by the City;
WHEREAS, the Final Offer made to the Owners 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, in conducting due diligence, it has been discovered that certain
Defects (herein so called) exist related to the chain of title of the Property Interest and
while efforts to cure have been undertaken, the filing and prosecution of eminent domain
proceedings are now necessary to acquire the Property Interest and obtain clear and valid
title thereto;
WHEREAS, the Owners of the Property Interest are agreeable to the terms of the
easement and understand friendly condemnation is necessary to cure defects in title to the
Property Interest;
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 0.049 acres said tract being a portion of the Northeast 'A of Section 6, Block
S, J. Case Survey, Abstract No. 474, Lubbock County, Texas, as described in Deed to Joe
Corrodes and wife, Connie Corrales, recorded in Document No. 2015012580, Deed
Records of Lubbock County, Texas, and the northwest corner of said parcel located at
approximately 890 feet easterly, as measured along the south line of 82nd Street, from the
northeast corner of a 40' wide ROW (aka Guava Ave.) granted to the County of
Lubbock, recorded in Volume 1303 page 749, 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 Holly
Substation to Southeast Substation Line 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 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 0.049 acres, said
tract being a portion of the Northeast 'A of Section 6, Block S, J. Case Survey, Abstract
No. 474. Lubbock County, Texas, as described in Deed to Joe Corrales and wife, Connie
Comdes, recorded in Document No. 2015012580, Deed Records of Lubbock County,
Texas, and the northwest corner of said parcel located at approximately 890 feet easterly,
as measured along the south line of 82nd Street, from the northeast comer of a 40' wide
ROW (aka Guava Ave.) granted to the County of Lubbock, recorded in Volume 1303
page 749, 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.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LUBBOCK:
THAT the City Council hereby finds that the Owners were the purported 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 City Council hereby authorized and directs notice of such eminent
domain proceedings by the City of Lubbock, Texas to be served by publication in the
same manner as service of citation by publication in other civil cases in the district courts
or county courts at law as provided by the Texas Property Code Section 21.016(d)(3), as
necessary.
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:
3
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 9th day of June, 2020.
DANIEL M. POPE, MAYOR
ATTEST:
Beck Gana, City Sec to
APPROVED AS TO CONTENT:
t ^ U
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
�
Je S t r, LP&L General Counsel
LUBBOCK POWER AND LIGHT
HOLLY -SOUTHEAST
TRANSMISSION LINE EASEMENT
CORRALES — TRACT NO. HY-SE009.000-R2
EXHIBIT "A"
TRACT I
48360-ESMT-TRACT NO. HY-SE009.000-R2
SAM Jab No. 48360
Sheet 01 of 03
BEING A TRACT OF LAND IN THE NORTHEAST 1/4 OF SECTION 6, BLOCK 5, J. CASE SURVEY, ABSTRACT NO. 474,
LUBBOCK COUNTY, TEXAS AS DESCRIBED IN DEED TO JOE CORRALES AND WIFE, CONNIE CORRALES,
RECORDED IN DOCUMENT NO. 2015012580 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS (D.R.L.C.T.),
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON LINE OF SAID CORRALES TRACT AND A TRACT OF LAND DESCRIBED
IN A DEED TO MANUEL HERNANDEZ, RECORDED IN VOLUME 6281, PAGE 87, D.R.L.C.T., FROM WHICH A 3/8-INCH
STEEL REBAR FOUND AT THE NORTHEAST CORNER OF SAID CORRALES TRACT BEARS NORTH 00 DEGREES 46
MINUTES 23 SECONDS EAST, A DISTANCE OF 26.07 FEET, SAID POINT OF BEGINNING HAVING GRID COORDINATES
OF N: 7251666.85, E: 962044.35;
THENCE SOUTH 00 DEGREES 46 MINUTES 23 SECONDS WEST, ON SAID COMMON LINE, A DISTANCE OF
17.81 FEET TO A POINT FOR CORNER;
THENCE NORTH 88 DEGREES 48 MINUTES 30 SECONDS WEST, LEAVING SAID COMMON LINE, A DISTANCE
OF 77,52 FEET TO A POINT FOR CORNER ON THE COMMON LINE OF SAID CORRALES TRACT AND A TRACT
OF LAND DESCRIBED IN DEED TO ROBERT E. COPPAGE, NO VESTING DEED, DA.L.C.T.;
THENCE NORTH 00 DEGREES 46 MINUTES 23 SECONDS EAST, ON THE COMMON LINE OF SAID CORRALES
TRACT AND SAID COPPAGE TRACT, A DISTANCE OF 17.75 FEET TO A POINT FOR CORNER, FROM WHICH A
5/8-INCH STEEL REBAR FOUND AT THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED
TO FIDEL FLORES AND MARIA LUCIO FLORES, RECORDED IN VOLUME 1762, PAGE 976, D.R.L.C.T., BEARS
NORTH 87 DEGREES 03 MINUTES 18 SECONDS WEST, A DISTANCE OF 889.66 FEET;
THENCE SOUTH 88 DEGREES 51 MINUTES 03 SECONDS EAST, LEAVING THE COMMON LINE OF SAID
CORRALES TRACT AND SAID COPPAGE TRACT, A DISTANCE OF 77.52 FEET, TO THE POINT OF
BEGINNING, CONTAINING 1,379 SQUARE FEET OR 0.032 OF AN ACRE OF LAND, MORE OR LESS.
BASIS OF BEARINGS DERIVED FROM THE TEXAS PLANE COORDINATE SYSTEM, NAD 83(2011), NORTH CENTRAL ZONE (4202), THE DISTANCES
ARE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.0002419%87989.
REFERENCE 19 MADR TO THE SRET'CH OF HVEN DATE ACCOMPANYMG THIS DESCRIPTION.
REFERENCE IS MADE TO AN EXISTING EASEMENT RECORDED IN VOLUME 983, PAGE HE, D.R-LC.T.
'LAND SURVEYOR NO. 2011, STATE OF TE)
TEXAS FIRM REGISTRATION NO. 10064300
\bam nc\DAL\PROJECTS\1019048360\10e urveyW7Dcw6plimsW8360-TRACT_HY-SE009.000-R2A=
LUBBOCK POWER AND LIGHT
HOLLY.SOUTHEAST
TRANSMISSION LINE EASEMENT
CORRALES — TRACT NO. HY-SE009.000-R2
EXHIBIT "A"
IM:7:CBY�
48360-ESMT-TRACT NO, HY-SE009.000-R2
SAM Job No. 48360
Sheet 02 of 03
BEING A TRACT OF LAND IN THE. NORTHEAST 1/4 OF SECTION 6, BLOCK S, J. CASE SURVEY, ABSTRACT NO. 474,
LUBBOCK COUNTY, TEXAS AS DESCRIBED IN DEED TO JOE CORRALES AND WIFE, CONNIE CORRALES,
RECORDED IN DOCUMENT NO. 2015012580 OF THE DEED RECORDS OF LUBBOCK COUNTY, TEXAS (D.R.L.C.T.),
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE COMMON LINE OF SAID CORRALES TRACT AND A TRACT OF LAND DESCRIBED
IN A DEED TO MANUEL HERNANDEZ, RECORDED IN VOLUME 6281. PAGE 87, D.R.L.C.T., FROM WHICH A 3/8-INCH
STEEL REBAR FOUND AT THE NORTHEAST CORNER OF SAID CORRALES TRACT BEARS NORTH 00 DEGREES 46
MINUTES 23 SECONDS EAST, A DISTANCE OF 53.88 FEET, SAID POINT OF BEGINNING HAVING GRID COORDINATES
OF N:7251639.05, E: 962043.98;
THENCE SOUTH 00 DEGREES 46 MINUTES 23 SECONDS WEST, ON SAID COMMON LINE, A DISTANCE OF
9.37 FEET TO A POINT FOR CORNER;
THENCE NORTH 88 DEGREES 50 MINUTES 22 SECONDS WEST, LEAVING SAID COMMON LINE, A DISTANCE
OF 77.52 FEET TO A POINT FOR CORNER ON THE COMMON LINE OF SAID CORRALES TRACT AND A TRACT
OF LAND DESCRIBED IN DEED TO ROBERT E. COPPAGE, NO VESTING DEED, D.R.L.C.T.;
THENCE NORTH 00 DEGREES 46 MINUTES 23 SECONDS EAST, ON THE COMMON LINE OF SAID CORRALES
TRACT AND SAID COPPAGE TRACT, A DISTANCE OF 9.41 FEET TO A POINT FOR CORNER, FROM WHICH A
5/8-INCH STEEL REBAR FOUND AT THE NORTHWEST CORNER OF A TRACT OP LAND DESCRIBED IN DEED
TO FIDEL FLORES AND MARIA LUCID FLORES, RECORDED IN VOLUME 1762, PAGE 976, D.R.L.C.T., BEARS
NORTH 85 DEGREES 16 MINUTES 1 I SECONDS WEST, A DISTANCE OF 891.14 FEET;
THENCE SOUTH 88 DEGREES 48 MINUTES 29 SECONDS EAST, LEAVING THE COMMON LINE OF SAID
CORRALES TRACT AND SAID COPPAGE TRACT, A DISTANCE OF 77.52 FEET, TO THE POINT OF
BEGINNING, CONTAINING 728 SQUARE FEET OR 0.017 OF AN ACRE OF LAND, MORE OR LESS.
BASIS OF BEARINGS DERIVED FROM THE TEXAS PLANE COORDINATE SYSTEM, NAD 83(2011), NORTH CENTRAL ZONE (4202). THE DISTANCES
ARE AMUSTF.D TO SURFACE USING A COMBINED SCALE FACTOR OF 1.00024)99687M9.
REFERENCE IS MADE TO THE. SKETCH OF EVEN DATE ACCOMPANYING THIS DFSCRIPTION.
REFERENCE IS MADE TO AN EXISTING CASEMENT RECORDED IN VOLUME 983, PAGE 388, D.R.LCT.
AN .PIERC �ci
GISTERED PRO(FEyS�S ONAL
LAND SURVEYOR NO.2011, STATE OF TEXAS
TEXAS FIRM REGISTRATION NO. 10064300
k�mincOAUPROIECT511019048360UpOlSwveyl07/ 6ptionsW8360-TRACT_HYSE009.000-R2. a x
DL me Bc.U.B
EXu/O,IM
VICINITY MAP
0 25 50 im
SECTION 6
TRACT HY-SE013.000-R2
(W FEET)
1 INCH = 50 Pf
I �
`_
TRACT 1
(NOT TO SCALE)
PROPOSED VARIABLE
WIDTH EASEMENT
r 0.062 ACRES
F1 2697 S.F.)—sECIat11LNE
--^u1TRACT
2
NEaeis�sz.o1�B<N4,,@�TSF
PROPOSED VARI LE
WIDTH EASEMENT
9
�p-"JI19,�0.
Hr-sEolA.aao
MARRN G. TREVINO ANDWIFE
(1,49 ACRES
(7,498 S.F.)
pGy"
��
`W J�93'`V7.
JF.
VOLUME 5278, ME TJ2
HY-SEO13D00
�6• [��
Gp'�D•
HY-5E012000
D.R.-C.T.
MVA J. CROIFORD \p
VOLUME 5101L ME 62 G� �' %"
Y'
'W` MCA
DOCUMENT NO. 2005040169
MLC.T. fOCC'
O.R.L.C.T.
LINE TABLE
LINE TABLE
NUMBER
BEARING
DISTANCE
NUMBER
BEARING
DISTANCE
Li
SOO'46'23'W
17.46'
L5
N88'S0'229V
155.00'
L2
N88'48'29'W
155.00'
L6
N00'46'23'E
9.71'
L3
NOO'46'23'E
17.34'
L7
SSB'4W29'E
155.00,
L4
SBB'51'03'E
155.00'
LB
S00'46'23'W
9.62'
LEGEND
D.R.L.C.T.
DEED RECORDS, LUBBOCK
COUNTY,TEXAS
P.O.B.
POINTOFBEGINNING
PD.R.
POINTOF REFERENCE
CALCULATED POINT
— — —
SECTION LINE
— — —
1/4 SECTION LINE
SUBJECT PROPERTY LINE
PROPERTY LINE
PROPOSED EASEMENT
_
CENTERLINE
— — — — —
— PROPOSED EASEMENT
TEXAS FIRM NO. 10064300
LUBBOCK POWER AND LIGHT
TRANSMISSION LINE EASEMENT
HOLLY -SOUTHEAST
SECTION 6, BLOCKS, I. CA5FWRVEY
ABSTRACT NO.474
NOTES:
I. R/S EXHIBO DOES NOT REFLECT ANY
UNDERGROUND URINES, EASEM£NS OF
RECORO OR OMER ENCUMBRANCES THAT
MAYAFFERTNESUBI£CT MU..
Z. REFERENCE G MAD£ W RE DESCRIPTION OF
EVEN DATE ACCOMPANY/NG THIS SNETCN.
3. BASIS OF BEARINGS DERIVED FROM RE
TEXAS PLANE COORDINATF SY At NAD 0,,
NORTH CENTRAL ZONE (u) THE DD7ANCES
SHOWN ARE ARE ADJUSTED TO SURFACE
USING A CYLM9/NFD SULE FACTOR OF
I.000241BBf917BB3.
4. RLS SURVEY WAS PERFORMED W/ROUT RE
BENEFIFOFA iTRFGERHFIUR
S REFERENCE LS MADE TO AN EXISTING
EASEMENT RECORDED /N VOLUME BB3, PAGE
399 D.R.LLT.
SHEET 03 OF 03