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HomeMy WebLinkAboutResolution - 2020-R0262 - Electric Utility Easement, High Plains Water Conservation District #1Resolution No. 2020-RO262 Item No. 7.17 August 11, 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 rebuild of Lubbock Power & Light's existing 69 kV 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 Power & 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 High Plains Water Conservation District # 1 (the "Grantor"), as more particularly described in Exhibit A to the attached Electric Utility Easement, attached hereto (the "Property Interest"); WHEREAS, LP&L has engaged in negotiations with the Grantor of the Property Interest and Grantor has agreed on a purchase price of Four Thousand Two Hundred and No/100 Dollars ($4,200.00) 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 High Plains Water Conservation District # 1 to the City of Lubbock, as attached hereto as Exhibit 1, and approves payment of consideration in the amount of Four Thousand Two Hundred and No/100 Dollars ($4,200.00). Passed by the City Council this 1 I th day of August, 2020. Daniel M. Pope, Mayor ATTEST: Rebe ca Garza, City Secr a APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: S it , General Counsel EXHIBIT 1 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 rebuild of Lubbock Power & Light's existing 69 kV system to 115 kV, which includes Capital Improvement Project ("CIP") 92460. 69/1 l5 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 Power & 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 High Plains Water Conservation District #1 (the "Grantor"), as more particularly described in Exhibit A to the attached Electric Utility Easement, attached hereto (the "Property Interest"): WHEREAS, LP&L has engaged in negotiations with the Grantor of the Property Interest and Grantor has agreed on a purchase price of Four Thousand Two Hundred and No/100 Dollars ($4,200.00) 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 >~LEc-rRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT the Electric Utility Board hereby approves the Electric Utility Easement from High Plains Water Conservation District #1 to the City of Lubbock, as attached hereto, and approves payment of consideration in the amount of Four Thousand Two Hundred and No/100 Dollars ($4,200.00), and further recommends approval by the City Council to approve and authorize same. BE IT FURTHER RESOLVED BY "1'1-IE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT this Resolution shall be null and void if the City Council shall not likewise approve and authorize the attached Electric Utility Easement within sixty (60) days of the date hereof. Passed by the Electric Utility Board this 21 st day of July. 2020. DAN ODOM, CHAIRMAN ATTEST: Greg aylo oard Secretary APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Jenn ~ i h, General Counsel 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, High Plains Underground Water Conservation District #1 (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 property situated in Lubbock County, Texas, being approximately 55 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-MKOO4 LUBBOCK, TEXAS ("LUBBOCK"), whose address is Citizens Tower, 1314 Avenue K, 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. GRANTEE shall, except in events deemed an emergency by GRANTEE, provide GRANTOR notice at least twenty four (24) hours prior to accessing the secured portion of the EASEMENT PROPERTY, beyond GRANTOR's fence. Such notice may be provided to GRANTOR by telephone at (806)762-0181. GRANTOR may change the telephone number for notice at any time by providing a revised number to GRANTEE, at the address provided above, attn.: Director of Electric Utilities. Z ER-MKD44 Such revised number shall be effective sixty (60) days after providing notice to GRANTEE of such change. 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 industry, as same may change from time to time. GRANTOR also reserves the right to erect fences not more 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, fencing located within the EASEMENT PROPERTY, related to activities 3 ER-MKDo4 conducted pursuant to this EASEMENT and/or PROJECT, 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, and GRANTOR hereby releases for themselves, their heirs, devisees, successors and assigns, GRANTEE, its officers, employees, elected and appointed officials, agents and contractors from and against any and all claims they may have related to the herein described matters, events and/or damages associated with the reasonable exercise of the rights granted herein to GRANTEE within the EASEMENT PROPERTY. Notwithstanding the foregoing, after initial construction, GRANTEE agrees to repair, to the extent reasonably practicable, or pay GRANTOR for actual damages to the EASEMENT PROPERTY, including any improvements located thereon, caused by the unreasonable exercise of the rights granted herein to GRANTEE, and GRANTEE further agrees to repair or pay GRANTOR for actual damages to GRANTOR's lands, and any improvements, turf, landscape, vegetation, or any other structure or facility of any kind, and personal property caused by the unreasonable exercise of the rights granted herein to GRANTEE as provided above. GRANTEE, however, will not make any such payments for trimming or removal of trees growing on the easement and right-of-way, nor for removal of or alleged damage to UNPERMITTED STRUCTURES erected upon the easement and right-of-way after granting of this easement and right-of-way. GRANTOR, for himself, his heirs, devisees, successors and assigns, subject to the terms 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 gates locked, at its discretion; and 4 ER-MKO04 (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, structures, 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 unto 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. 5 ER-MKO04 0WITNESS THE EXECUTION HEREOF as the day of , 2020. GRANTOR: High Plains Underground Water Conservation District #1 Print Name: Title; ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF LUBBOCK § BEFORE ME, 2-41PeA �'Ro-v' . on this day nersnnaliv nnnenreri as L75J �e P? % for High Vinins Underground Water Conservation District #1, known to me (or proved to me) on the oath of or through-k.* &d3 f 4 - I (description of identity card or other docianent) 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 " day of , 2020. Notary Public, State of Texas AFTER RECORDING RETURN TO: Legacy PSG, Inc. P. 0. Box 64130 Lubbock, TX 79464 My commission expires: ,3- 8��- ?-�02.) :m� URA M.BOYD €f*; Public, State of Texas "14RF t;ary Ip #554681-ZMy Con Expires 03.08-2021 ER-MK4o4 AWIMN LP&L ERSKINE -MACKENZIE OWNER: High Plains Underground Water Conservation District Vol, 1859 Pg. 193 EASEMENT EXHIBIT LP&L ERSKINE-TO-MACKENZIE LUBBOCK, TEXAS ERSKII/E S TREE T 50,mol -of -way W _ S 88015'IV' E 14.00' fV - O 55 0. FT. oIq e .87' 7.13' N 88"15'I ' W 14.00' boy 9� 9 / O EASEMENT TRACT: _% The North 3.92 feet of the West 7.13 feet of Lot Two (2). Block Twelve (12), and The North 3.92 feet of the East 6.87 feet of Lot Three (3). Block Twelve (12), Burleson and Osborn Addition to the City of Lubbock, according to the map, plot, and/or dedication deed thereof recorded in Volume 325, Page 297, Deed Records of Lubbock Countv, Texas, containing 55 square feet. OWNER: High Plains Underground Water Conservation District 03/23/2020 NOTES: EXHIBIT PREPARED 03/23/2vc-v ® - SET 60d NAIL 0 -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/rac GRAPHIC SCALE IN FEET I'-•10' 0 s 10 15 20 2 F�& Copyri�rt 2QZ0, llµgn Rccd +.nd A4sn�.a'.: s 14 �fqH©ASSOCIATES, F�EED LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS LUBBOCK. TEXAS 79401 TEXAS LICENSED SURVEYING FIRM IDD57"O PHONE: 8061763-5642 TEXAS REGISTERED ENGINEERING FIRM F-766 FAX: 806 / 763-3891 EXHIBIT "A" FIELD NOTES: HPUWCD EASEMENT LP&L ERSKIN E-TO-MACKENZIE LOTS 2 AND 3 BURLESON AND OSBORN ADDITION LUBBOCK, TEXAS EASEMENT TRACT: Being the North 3.92 feet of the West 7.13 feet of Lot "Two (2), Block 'Twelve (12), and The North 3.92 feet of the East 6.87 feet of Lot Three (3), Block Twelve (12), Burleson and Osborn Addition to the City of Lubbock, according to the map, plat, and/or dedication deed thereof recorded in Volume 325, Page 297, Deed Records of Lubbock County, Texas. said tract being further described by metes and bounds as follows: BEGINNING at the Northwest corner of said Lot 2 and the Northeast corner of said Lot 3; THENCE S. 88015' 19" E. a distance of 7.13 feet to a 1/2" iron rod with cap marked "HUGO REED ASSOC" set for the Northeast corner of this tract; THENCE S. 01044'41" W, a distance of 3.92 feet to a point for the Southeast comer of this tract; THENCE N. 88015' 19" W., at 7.13 feet pass the West line of said Lot 2 and the East line of said Lot 3, continuing for a total distance of 14.00 feet to a God nail set for the Southwest corner of this tract; THENCE N. 01 044'41" E, a distance of 3.92 feet to a 1/2" iron rod with cap marked "HUGO REED ASSOC" set in the North line of said Lot 3 for the Northwest corner of this tract; THENCE S. 88015' 19" E. a distance of 6,87 feet to the Point of Beginning. Contains: 55 square feet. 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, March 23, 2020 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas gPIS OF ROBERT A. CHRISTOPHER '4�.a 6167 _.h