HomeMy WebLinkAboutResolution - 2020-R0189 - Electric Utility Easement, CoppageResolution No. 2020-RO189
Item No. 8.13
June 9, 2020
UMM11 ILIA 9 111►f
WI-IEREAS. the City of Lubbock. Texas (the "City") has initiated the Holly
Substation to Southeast Substation Line 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 of U.S. Interstate 27
at the intersection of Avenue 1' 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 so called) to the Estate
of Robert E. Coppage, the owner of the Property Interest (the "Owner") on March 24,
2020:
WHEREAS, the City made an Initial Offer based on the market study approach
conducted for this Project:
WHEREAS, the Initial Offer trade 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 Initial Offer Letter was returned to sender on April 10, 2020 for
insufficient address information;
WHEREAS, after further title and heirship research. the Initial Offer Letter was
provided via email to a purported licir of the Owner:
WHEREAS, the City made a written Final Offer (herein so called) to the Owner
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 Owner of the Property Interest;
WHEREAS, along with such Final Offer. the Owner of the Property Interest was
provided a written appraisal from a certiited 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, 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 purported heirs 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 0.046 acres, said tract being the Northeast 'A of Section 6, Block S, J. Case
Survey, Abstract No. 474, Lubbock County, Texas, and described in deed to Robert E.
Coppage, no vesting deed of the Deed Records of Lubbock County, Texas, and located at
approximately the northwest comer of said parcel being approximately 815 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 0.046 acres, said
tract being the Northeast V4 of Section 6, Block S, J. Case Survey, Abstract No. 474,
Lubbock County, Texas, and described in deed to Robert E. Coppage, no vesting deed of
the Deed Records of Lubbock County, Texas, and located at approximately the northwest
comer of said parcel being approximately 815 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 Owner was 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), to
the extent 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:
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 tSarza, City Sec et y
APPROVED AS TO CONTENT:
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
J S ' , LP&L General Counsel
No Text
LUBBOCK POWER AND LIGHT
HOLLY -SOUTHEAST
TRANSMISSION LINE EASEMENT
COPPAGE—TRACT NO. HY-SEOIT000-R2
EXHIBIT "A"
TRACT
48360-ESMT-TRACT NO. HY-SEO10.000-R2
SAM Job No. 48360
Sheet 01 of 03
BEING A TRACT OF LAND SITUATED IN THE NORTHEAST 1/4 OF SECTION 6, BLOCK S. J. CASE SURVEY,
ABSTRACT NO. 474, LUBBOCK COUNTY, TEXAS AND DESCRIBED IN DEED TO ROBERT E. COPPAGE, NO VESTING
DEED 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 COPPAGE TRACT AND A TRACT OF LAND DESCRIBED IN
A DEED JOE CORRALES AND WIFE, CONNIE CORRALES, RECORDED IN DOCUMENT NO. 2015012580, FROM WHICH
A 3/8-INCH STEEL REBAR FOUND BEARS NORTH 72 DEGREES 31 MINUTES IS SECONDS EAST, A DISTANCE OF 81.63
FEET, SAID POINT OF BEGINNING HAVING GRID COORDINATES OF N: 7251668.41. E: 961966.86:
THENCE SOUTH 00 DEGREES 46 MINUTES 23 SECONDS WEST. ALONG SAID COMMON LINE, A DISTANCE
OF 17.75 FEET TO A POINT FOR CORNER;
THENCE NORTH 88 DEGREES 48 MINUTES 29 SECONDS WEST, LEAVING SAID COMMON LINE, A DISTANCE
OF 73.90 FEET TO A POINT FOR CORNER ON THE COMMON LINE OF SAID COPPAGE TRACT AND A TRACT
OF LAND DESCRIBED IN DEED TO PAUL J. HODGES, RECORDED IN DOCUMENT NO. 2019008683. D.R.L.C.T.;
THENCE NORTH 00 DEGREES 46 MINUTES 23 SECONDS EAST, ALONG THE COMMON LINE OF SAID
COPPAGE TRACT AND SAID HODGES TRACT, A DISTANCE OF 17.69 FEET TO A POINT FOR CORNER, FROM
WHICH A 5/8-INCH STEEL REBAR FOUND BEARS NORTH 86 DEGREES 53 MINUTES 32 SECONDS WEST, A
DISTANCE OF 815.78 FEET;
THENCE SOUTH 88 DEGREES 51 MINUTES 04 SECONDS EAST. LEAVING THE COMMON LINE OF SAID
COPPAGE TRACT AND SAID HODGES TRACT, A DISTANCE OF 73.90 FEET, TO THE POINT OF BEGINNING,
CONTAINING 1,310 SQUARE FEET OR 0.030 OF AN ACRE OF LAND.
BASIS OF BEARINGS DERIVED FROM THE TEXAS PLANE COORDINATE SYSTEM. NAD 83(20111, NOR 'ITI CENTRAL ZONE. 14202J. THE DISTANCES
ARE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1 ON24199687999.
REFERENCE IS MADETO THE SKETCH OF FVEN DATE ACCOMPANYING'OUS DESCRIPTION
REFERENCE IS MADE. TO AN EXIS ONG EASEMENT RECORDED IN V LUML 983. PAGE 388, 1) R I. C'I'
OF T
s •. 9
RY AL ROBERTSON CRYSTAL ROBERTSON
REGISTERED PROFESSIONAL '•'q 5447
LAND SURVEYOR NO.5447, STATE OF TEXAS
TEXAS FIRM REGISTRATION NO. 10064300 SURN
\l .,i c\DALTROJECn\I019D48360\IWl49,e,W7D ,,,,i..k83N--TRACT IIY-SEOIO.OW-R3.d.v
LUBBOCK POWER AND LIGHT
HOLLY -SOUTHEAST
TRANSMISSION LINE EASEMENT
COPPAGE-TRACT NO. HY-SE010.000-R2
EXHIBIT "A"
TRACT2
48360-ESMT-TRACT NO. HY-SE010.000-R2
SAM Job No. 48360
Sheet 02 of 03
BEING A TRACT OF LAND SITUATED IN THE NORTHEAST 114 OF SECTION 6, BLOCK S, J. CASE SURVEY,
ABSTRACT NO. 474, LUBBOCK COUNTY, TEXAS AND DESCRIBED IN DEED TO ROBERT E. COPPAGE, NO VESTING
DEED 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 COPPAGE TRACT AND A TRACT OF LAND DESCRIBED IN
A DEED JOE CORRALES AND WIFE, CONNIE CORRALES. RECORDED IN DOCUMENT NO. 2015012580, FROM WHICH
A 3/8-INCH STEEL REBAR FOUND BEARS SOUTH 36 DEGREES 09 MINUTES 17 SECONDS EAST A DISTANCE OF
715.30 FEET, SAID POINT OF BEGINNING HAVING GRID COORDINATES OF N: 7251631.24, E: 961966.36;
THENCE NORTH 88 DEGREES 50 MINUTES 22 SECONDS WEST, LEAVING SAID COMMON LINE, A DISTANCE
OF 73.90 FEET TO A POINT FOR CORNER ON THE COMMON LINE OF SAID COPPAGE TRACT AND A TRACT
OF LAND DESCRIBED IN DEED TO PAUL 1. HODGES, RECORDED IN DOCUMENT NO.2019008683, D.R.L.C.T.;
THENCE NORTH 00 DEGREES 46 MINUTES 23 SECONDS EAST, ALONG THE COMMON LINE OF SAID
COPPAGE TRACT AND SAID HODGES TRACT, A DISTANCE OF 9.45 FEET TO A POINT FOR A CORNER, FROM
WHICH A 5/8-INCH STEEL REBAR FOUND BEARS NORTH 84 DEGREES 57 MINUTES 00 SECONDS WEST, A
DISTANCE OF 917.18 FEET;
THENCE SOUTH 88 DEGREES 48 MINUTES 29 SECONDS EAST, LEAVING THE COMMON LINE OF SAID
COPPAGE TRACT AND SAID HODGES TRACT, A DISTANCE OF 73.90 FEET TO POINT FOR A CORNER ON THE
COMMON LINE OF SAID COPPAGE TRACT AND SAID CORRALES TRACT;
THENCE SOUTH 00 DEGREES 46 MINUTES 23 SECONDS WEST, ALONG THE COMMON LINE OF SAID
COPPAGE TRACT AND SAID CORRALES TRACT, A DISTANCE OF 9.41 FEET, TO THE POINT OF BEGINNING,
CONTAINING 697 SQUARE FEET OR 0.016 OF AN ACRE OF LAND.
BASIS OF BEARINGS DERIVED FROM THE TEXAS PLANE COORDINATE SYSTEM, NAD 93(2011). NORTH CENTRAL ZONE (4202) THE DISTANCES
ARE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1 OW24199687989.
REFERENCE IS MADE TO THE SKE'I CII OF EVEN DATE. ACCOMPANYING TI [IS DESCRIPTION.
REFERENCE IS
MADE TO AN EXISTING EASEMENT RECORDED IN VOLUME 983, PAGE 398, D R.LC TOF
�RYStAl, ROBERTSON CRYSTAL.R...... ON
REGISTERED PROFESSIONAL C".- 5447
LAND SURVEYOR NO. 5447, STATE OF TEXAS
TEXAS FIRM REGISTRATION NO. 10064300
\\ inc\DALNROJECTS\1019048360"WO urvey\07Dcuripriom\4836 -T c'F_IIY.SE010.0W-R3.dmx
°""P "D �" $ 60 9 5 SEXHIBIT 'A"
U
TRACT HY-SE030.000-R2
OB Fear)
L RICH = 30 FT
TRACT 1
P.O.R- s/e' IRON Roo round
PROPOSED VARIABLE
WIDTH EASEMENT
MY COR FLORES rRAcr
0.030 ACRES
GR
N86'53'32"IN 815.58'
(1,310 S.F.)
--------------
L4
VICINITY MAP
SECTION 6
I
(NOT TO SCALE)
L5 P.O.B-TREOT 2
CPoB COOROINATf9: p — — —-SECO9-A
ND FE —
TRACT 2 N7251631.21 4` JOE CORRHEB ANO M1FE
CITY OF LUBBOGK E961966.36 `P� JF' U CONNIE CORPAIES
PROPOSED VARIABLE DOCUMENT W. 20IW12W
10' MMIC LINE EASEMENT d< q,
VOLUME 983. PAGE 3BB WIDTH EASEMENT Fn_sEo4o oo0 o, D.R.LOT.
O.RLDT. 0.016 ACRES
HY-SE011.Oo0 ROBERT E COPPAGE />
PALL J. HODGFS (697 S.F.) NO VVMNO DEED
DOCUMENT NO. 2019006683 O.RLC.T. 'b
D.ft.1-0.T. g�OG S iS O
K gi
SEGj1�J.P��q
UNE TABLE
LINE TABLE
NUMBER
BEARING
DISTANCE
NUMBER
BEARING
DISTANCE
L1
S00'46'23"W
17.75'
L5
N8950'22'W
73.90'
L2
NBB'4B'29"W
73.90'
L6
NOO'46'23"E
9.45,
L3
NOD'46'23"E
17.69'
L7
SB8'48'29"E
73.90'
L4
S88'51'04"E
73.90'
LIS
S00'46'23^N
9.41,
LEGEND
D.R.LCT.
DEED RECORDS, LUBBOCK
COUNTY, TEXAS
P.O.B.
POINT OF BEGINNING
P.O.R.
POINT OF REFERENCE
Q
CALCULATED POINT
— — —
SECTION LINE
1/4 SECTION LINE
SUBJECT PROPERTY LINE
PROPERTY LINE
PROPOSED EASEMENT
_
CENTERUNE
— — — — —
— PROPOSED EASEMENT
LAND SURVEYOR NO.5447, STATE OF TEXAS
TEXAS FIRM NO. 10064300
LUB13OCK POWER AND LIGHT
TRANSMISSION LINE EASEMENT
HOLLY -SOUTHEAST
SECTION 6, BLOCK S.1. CASE SURVEY
ABSTRACT NO.492
NOTES:
I. THIS EXHIBIT DOES NOT REFLECT ANY
UNDERGROUND UTILITIES EASEMENTS OF
RECORD OR OTHER ENCUMBRANCES THAT
MAYAFFECTTHESUBIECTTRACT.
I REFERENCE IS MADE TO THE DESCRIPTION OF
EVEN DATE ACCOMPANYING THIS SKETCH
3. BASIS OF BEARINGS DERIVED FROM THE
TEXAS PLANE COORDINATE SYSTEM, NAO 83,
NORTH CENTRAL ZONE (42021 THE DISTANCES
SHOWN ARE ARE ADJUSTED TO SURFACE
USING A COMBINED SC44E FACTOR OF
] 00024(9968T989.
4. THIS SURVEY WAS PERFORMED WITHOUT THE
BEN£FITOFA TITLECERIIFICATE.
5. REFERENCE IS MADE TO AN EXISTING
EASEMENT RECORDED IN VOLUME 90, PAGE
30,, D.R.L. C.I.
SHEET 03 OF03
� rr w. umgFn ure. see mx. 9ay. Tr run