HomeMy WebLinkAboutResolution - 2020-R0190 - Electric Utility Easement, CrawfordResolution No. 2020-RO190
Item No. 8.14
.June 9, 2020
RESOLUTION
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 of 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, (lie City made a written Initial Offer (herein s❑ called) to the Estate
of Erma Crawford, 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 f'or this Project;
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 Govermnent 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 aTitten 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 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 aniount 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:
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 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 "1 move that the City of Lubbock, Texas authorize
the use of the power of eminent domain to acquire an Electric Utility Easement,
encumbering 0.096 acres said tract being a portion of Section 6, Block S., J. Case Survey,
Abstract No. 474, Lubbock County, Texas, as described in deed to Selva J. Crawford,
recorded in Volume 5108, Page 52, and located at approximately 2603 East County Road
7110, Lubbock, Texas, 79404, 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 0.096 acres, said
tract being a portion of Section 6, Block S., J. Case Survey, Abstract No. 474, Lubbock
County, Texas, as described in deed to Selva J. Crawford, recorded in Volume 5108,
Page 52, and located at approximately 2603 East County Road 7110, Lubbock, Texas,
79404, 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 is 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.
91
L- " V
DANIEL M. POPE, MAYOR
ATTEST:
Beck Garza, City Secrelwy)
APPROVED AS TO CONTENT:
V wla
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
Je S i LP&L General Counsel
GM C BCJ13
0 15 10 00
I I
ON rmT
L WOO - 00 IT
�CJTY OF LUBBOCK
10' ELECIWC TINE El9EMEM
WWME OM PACE 3B8
O.R.LCT.
NY—SEDIO.ODO
MOM E. COPPME
NO VE W OEEO
D.R.LO.T.
EXHIBIT "A"
TRACT HY-SE009.000-R2
TRACT 1
TRACT 2 J LO
PROPOSED VARIABLE
WIDTH EASEMENT
0.017 ACRES
(728 S.F.)
Hf SEOOYA00
JOE COMILE9 AND WIFE CONNE WINAIFB
DOLIIMM M. 2013012380
D T.
LINE TABLE
LINE TABLE
NUMBER
BEARING
DISTANCE
NUMBER
BEARING
DISTANCE
L1
NOO'48'23'E
26.07'
LB
NOO'46'23'E
53.88'
L2
SO0'46123W/
17.81'
L7
SW46'239Y
9.37'
13
N88'48'30"W
77.52'
LB
N88'50'22 W
77.52'
L4
NOC'48'23'E
17.75'
L9
N00'46'23"E
9.41'
US
588.51'03'E
77.52'
L10
S88'48'29"E
77.52'
LEGEND
D.R.L.C.T.
DEED RECORDS, LUBBOCK
COUNTY, TEXAS
P.O.B.
POINT OF BEGINNING
P.O.R.
POINT OF REFERENCE
0
CALCULATED POINT
Q
3/8" STEEL REBAR FOUND
— — —
SECTION LINE
— — —
1/4 SECTION LINE
SUBJECT PROPERTY UNE
PROPERTY UNE
PROPOSED EASEMENT
CENTERUNE
— — — — —
— PVnPMm PAcrmrw
VICINITY MAP
SECTION 6
P.O.R.
—_TPNTI
(NOT TO
SALE)
ORID
DRIP COORDINATES:
N:)251"m
% E-0Ei0H.3S
O.8-M 2—_—_---- I
ONLIEL HEAHAXOEZ
VOLUME 28I, PACE B)
D.R.LC.T.
S�Ct1DN GP � LKS
P.4T 4
MKIRL.
1. NO EIWIBJT DOES NOT REFLECT ANY
UNDERGROUND UTTUPA EASEMENTS OF
RECORD ON OMER EAMMORANOS TNCT
MAYAFF£CT MESUDELTTRNM
REFERENCE 6 AJADE TO THE DESCDPPON OF
EVENOATEACCOMAANPNGTN65K ..
RAGS OF BEARINGS MWO FROM THE
iE10A3 PLANE COORDINATE SYSPl4 NAD At
NORM CENTRAL LONE (4J02J. THE 06TANCES
SHOWN ARE ME AOEUMO W WRAAM
USING A OUNINNED SC4LE FACTOP OF
E.00024E990)9R9.
M5 SURVEY WM PERFORMED WTIHOUT THE
MNEFPOFA PILE LFRDFIGiE.
REFMENCE 6 MADE TO AN EXOMNG
EASEMENT RECORDED IN VOLUME 983, PAGE
28L D.R.LCT.
SHEET 03 OF 03
rnwicui.LIGHT
JOB NUMBER: 48360 nu TRANSMISSION
LUBBOCK IPOWERLINE EA EMEN �.�'(
DATE: 02/19/2020 TRANSMISSION LINE EASEMENT J�r
HOLLY -SOUTHEAST
SCALE: 1"=30'
SECTION fi,BILOCKS.LCASESURVEY 1N1 �uvuoPal.nsrwwr.ouanrswr
TRACE ID: HY-SE009.000-R2 MSMRACTSTMCf No.4>s Pwne.r ..Pwnvlm
DRAWN BY: OM LUBBOCKCOUNIT,719 S AVAer u "m�Riw w laouKP
LUBBOCK POWER AND LIGHT
HOLLY -SOUTHEAST
TRANSMISSION LINE EASEMENT
CRAWFORD—TRACT NO. HY-SE013.000-R2
EXHIBIT "A"
TRACT
48360-ESMT-TRACT NO. HY-SE013.000-R2
SAM Job No. 48360
Sheet 01 of 02
BEING A TRACT OF LAND IN THE NORTHEAST 114 OF SECTION 6, BLOCK S, J. CASE SURVEY, ABSTRACT NO. 474,
LUBBOCK COUNTY, TEXAS AS DESCRIBED IN DEED TO SELVA J. CRAWFORD, RECORDED IN VOLUME 5108, PAGE
52 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 CRAWFORD TRACT AND A TRACT OF LAND DESCRIBED
IN DEED TO ANA GARCIA, RECORDED IN DOCUMENT NO. 2008040169, D.R.L.C.T., FROM WHICH A 3/8-INCH STEEL
REBAR FOUND AT THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO JOE CORRALES AND
WIFE, CONNIE CORRALES, RECORDED IN DOCUMENT NO. 2015012580, D.R.L.C.T., BEARS NORTH 87 DEGREES 54
MINUTES 51 SECONDS EAST, A DISTANCE OF 462.01 FEET, SAID POINT OF BEGINNING HAVING GRID
COORDINATES OF N: 7251676.10, E: 961583.11;
THENCE SOUTH 00 DEGREES 46 MINUTES 23 SECONDS WEST, ON SAID COMMON LINE, A DISTANCE OF
17.46 FEET TO A POINT FOR CORNER;
THENCE NORTH 88 DEGREES 48 MINUTES 29 SECONDS WEST, LEAVING SAID COMMON LINE, A DISTANCE
OF 155.00 FEET TO A POINT FOR CORNER ON THE COMMON LINE OF SAID CRAWFORD TRACT AND A
TRACT OF LAND DESCRIBED IN DEED TO MARTIN G. TREVINO AND WIFE, LILLIE A. TREVINO, RECORDED
IN VOLUME 5278, PAGE 272, D.R.L.C.T.;
THENCE NORTH 00 DEGREES 46 MINUTES 23 SECONDS EAST, ON THE COMMON LINE OF SAID CRAWFORD
TRACT AND SAID TREVINO TRACT, A DISTANCE OF 17.34 FEET TO A POINT FOR CORNER, FROM WHICH A
5184NCH STEEL REBAR FOUND AT THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED
TO FIDEL FLORES AND MARIA LUCID FLORES, RECORDED IN VOI.UME 1762, PAGE 976, D.R.L.C.T., BEARS
NORTH 84 DEGREES 17 MINUTES 42 SECONDS WEST, A DISTANCE OF 351.28 FEET;
THENCE SOUTH 88 DEGREES 51 MINUTES 03 SECONDS EAST, LEAVING THE COMMON LINE OF SAID
CRAWFORD TRACT AND SAID TREVINO TRACT, A DISTANCE OF 155,00 FEET, TO THE POINT OF
BEGINNING, CONTAINING 2,697 SQUARE FEET OR 0.062 OF AN ACRE OF LAND, MORE OR LESS.
BASIS OF BEARINGS DERIVED FROM THE TEXAS PLANE COORDINATE SYSTEM, NAD 83(2011), NORTII CENTRAL ZONE (4202). THE DISTANCES
ARE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.00024199687989.
REFERENCE IS MADE TO THE SKETCH OF EVEN DATE ACCOMPANYING THIS DESCRIPTION.
REFERENCE IS MADE TO AN EXISTING EASEMENT RECORDED IN VOLUME 983, PAGE 388, D.R.L.C.T.
ST
F. CE 2O T'Pp�GI�RO-+-N
ISTERED PR® IO JOHN F, pi[RCE
LAND SURVEYOR NO. 2011, STATE OF TE
TEXAS FIRM REGISTRATION NO. 10064300 9xL.:�FEs510a:;O�
\\ nc\DAL\PROJECTS\1019M83601)Murvgy 70 dptionsAB360-TRACT_ HYSE013.000.!G-dmx
LUBBOCK POWER AND LIGHT
HOLLY -SOUTHEAST
TRANSMISSION LINE EASEMENT
CRAWFORD—TRACT NO. HY-SE013.000-R2
EXHIBIT "A"
TRACT2
48360-ESMT-TRACT NO. HY-SEOI3.000-R2
SAM Job No. 48360
Shcct 02 of 02
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 SELVA 1. CRAWFORD, RECORDED IN VOLUME 5108, PAGE.
52 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 CRAWFORD TRACT AND A TRACT OF LAND DESCRIBED
IN DEED TO ANA GARCIA, RECORDED IN DOCUMENT NO. 2008040169, D.R.L.C.T., FROM WHICH A 3/8-INCH STEEL
REBAR FOUND AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO DONALD TYLER AS
TRACTS I AND 2, RECORDED IN VOLUME 4339, PAGE 177, D.R.L.C.T., BEARS SOUTH 54 DEGREES 00 MINUTES 15
SECONDS EAST, A DISTANCE OF 995.92 FEET, SAID POINT OF BEGINNING HAVING GRID COORDINATES OF
N:7251639.02, E:961582.61;
THENCE NORTH 88 DEGREES 50 MINUTES 22 SECONDS WEST, LEAVING SAID COMMON LINE, A DISTANCE
OF 155.00 FEET TO A POINT FOR CORNER ON THE COMMON LINE OF SAID CRAWFORD TRACT AND A
TRACT OF LAND DESCRIBED IN DEED TO MARTIN G. TREVINO AND WIFE, LILLIE A. TREVINO, RECORDED
IN VOLUME 5278, PAGE 272, D.R.L.C.T.;
THENCE NORTH 00 DEGREES 46 MINUTES 23 SECONDS EAST, ON THE COMMON LINE OF SAID CRAWFORD
TRACT AND SAID TREVINO TRACT, A DISTANCE OF 9.71 FEET TO A POINT FOR CORNER FROM WHICH A
518-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 78 DEGREES 20 MINUTES 58 SECONDS WEST. A DISTANCE OF 356.39 FEET;
THENCE SOUTH 88 DEGREES 48 MINUTES 29 SECONDS EAST, LEAVING THE COMMON LINE OF SAID
CRAWFORD TRACT AND SAID TREVINO TRACT, A DISTANCE OF 155.00 FEET TO A POINT FOR CORNER ON
THE COMMON LINE OF SAID CRAWFORD TRACT AND SAID GARCIA TRACT;
THENCE SOUTH 00 DEGREES 46 MINUTES 23 SECONDS WEST, ON THE COMMON LINE OF SAID CRAWFORD
TRACT AND SAID GARCIA TRACT, A DISTANCE OF 9.62 FEET, TO THE POINT OF BEGINNING,
CONTAINING 1,498 SQUARE FEET OR 0.034 OF AN ACRE OF LAND, MORE OR LESS.
BASIS OF BEARINGS DERIVED FROM THE TEXAS PLANE COORDINATE SYSTEM, NAD 93(2011). NORTH CENTRAL ZONE (4202). 111E GIBI ANCES
ARE ADJUSTED 10 SURFACE USING A COMBINED SCALE FACTOR OF 1.00024199687989.
REFERENCE IS MADE TO THE SKETCH OF EVEN DATE ACCOMPANYING THIS DESCRIPTION.
REFERENCE IS MADE TO AN EXISTING EASEMENT RECORDED IN VOLUM F. 983, PAGE 388. D.R.L.C.T.
SE OFT
cJ.PPCOI-4 _ �60--7
N. P E C w f "A ^• "'C cn
GISTERED PROFS ONA ...JOHN E.piE ICE i
LAND SURVEYOR NO.2011, STATE OF TEXA r:q 2011
TEXAS FIRM REGISTRATION NO. 10064300
\Wmine\UAL\PROJECTS1019N8360\IMSurvcy%7U dplionsW8360-TRACT_IIY.SE013.ON-R2.dax
W&1P®D BDAfa D EXHIBIT 'A"
21 W lm
TRACT HY-SE013.000-R2
1 DI®= 60 R
TRACT 1
PROPOSED VARIABLE
WIDTH EASEMENT
0.062 ACRES
697 S.F.) _3Wrcm IRE
ORY OF LUBBOCK
IND NW mR FI.DRE4� i0' ELE TE UNE F15ELEM PA.3-1RIAf 1 P.O. R: 3/3•
------------
NY-SEOt4.0D0
IWION D. IOENO AND
WIFE, UWE A TREI NO
VOLUNE S278. PACE 2M
D.R.LC.T.
MRM1EXIBTPW L5 /� P.0.3-,M1+L'f 2.
L7 cRm COORgNAT6:
7RACT 2 N:T2stvB.a2
PROPOSED VARIABLE e9e,3eze,
WIDTH EASEMENT 5
0.034 ACRES G�
(1.498 S.F.) 0
6. 5�
SimVh J.
'C aRAN�FOAD 0a GP1n
mI1MED8511006.. PAGE a
y
UNE TABLE
LINE TABLE
NUMBER
BEARING
DISTANCE
NUMBER
BEARING
DlEANCE
L1
SOO'46'231V
17.46'
L5
NBB50'221V
155.00.
L2
NBW48'29'W
155.00'
LB
NOO.46'23'E
9.71'
L3
N00'48'23'E
17.34'
L7
SOW48-29-E
155.00'
L4
SB551'O3'E
155.00'
LB
S00'48'23'1Y
9.82'
LEGEND
D.R.L.C.T.
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 UNE
PROPERTY LINE
PROPOSED EASEMENT
_
CENTERUNE
— — — — —
— PROPOSED EASEMENT
VICINITY MAP
SECTION 6
I i J
IF
I
(NOT TO SCALE)
HY-Smi20DD
ANA OMCIA
DOCUNEMT W. 20om10149
D.R.LC.T.
NOTES:
E. MIS IXHIBIT ODES NOT REFLECT ANY
UNDERGROUND URLIVES EAEMENTS OF
RECORD OR OMER ENCUMBMNL£S THAT
MAYAFFECTTNESUB/ECT Ma..
2 REFERENCE 5 MADE W THE DESCRIPTION OF
EVENDATFACCVWPANRNGTHISSREICN.
B BASIS OF BEARINGS DERIVED FROM ME
TEXAS PANE COORDINATE 515TEM, NAD 83,
NORM CENTRAL £ONE /A202f. THE I=ANCES
SHOWN ARE ARE AWUMD TO SURFACE
USING A COMBINED SCALE FACTOR OF
3.000241BBBBTB89.
A. TIllS SURVEY WAS PERFORMED WITHOUT THE
BENEFTTOFA ORE CERRF/CATE.
5. REFERENCE 5 MADE TO AN EXISTING
EASEMENT RECORDED IN MIUME BBB, PAGE
388, D.R.LCT.
SHEET 03 OF 03
LIGHT
JOB NUMBER: 48360 � � TRANSMISSION
LUBBOCK IPOWERLINE EA EMEN AMAIN
DATE: 02/28/2020 TRANSMISSION LINE EASEMENT
EAST
SCALE: V=50' HOBLOCKS, W
SECTION J.B,ME SURVEY 1M+ vn [Wrypaebna. e�a.amw oax.. r. rsso
TRACT ID: HY-SE013.000-R2 ASSTRA fQ NO. 474
DRAWN BY: UM LUBBOCK COUNTY, TEXAS T----- usrwrloxxo.looe.xe