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HomeMy WebLinkAboutResolution - 2020-R0263 - Electric Utility Easement, 168 Chicago, LPResolution No. 2020-RO263 Item No. 7.18 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 system to 115 kV, which includes Capital Improvement Project ("CIP") 92403, 69/115 kV Line Rebuild: Thompson to Vicksburg (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 temporary construction easement and amendment of utility easement for the Electric Facilities across the property of 168 Chicago, L.P., d/b/a/ "The Fountains" (the "Grantor"), as more particularly described in Exhibit A to the attached Temporary Construction Easement and Amendment of Utility Easement (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 Fifteen Thousand and No/100 Dollars ($15,000.00) 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 Temporary Construction Easement and Amendment of Utility Easement from 168 Chicago, L.P., d/b/a/ "The Fountains" to the City of Lubbock, as attached hereto as Exhibit 1, and approves payment of consideration in the amount of Fifteen Thousand and No/100 Dollars ($15,000). Passed by the City Council this 11th day of August, 20 Daniel M. Pope, ayor ATTEST: Reb ca Garza, City Secre It APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: -ap-� swu��.. JeWA S t, 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 system to 115 kV, which includes Capital Improvement Project ("CIP") 92403, 69/115 kV Line Rebuild: Thompson to Vicksburg (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 temporary construction easement and amendment of utility easement for the Electric Facilities across the property of 168 Chicago, L.P., d/b/a/ "The Fountains'' (the "Grantor"), as more particularly described in Exhibit A to the attached Temporary Construction Easement and Amendment of Utility Easement (the "Property Interest"); WHEREAS, LP&L has engaged in negotiations with the Grantor of the Property Interest and the parties, subject to Electric Utility Board and City Council approval, have agreed on a purchase price of Fifteen Thousand and No/100 Dollars ($15,000.00) 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 ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT the Electric Utility Board hereby approves the Temporary Construction Easement and Amendment of Utility Easement from 168 Chicago, L.P., d/b/a/ "The Fountains" to the City of Lubbock, as attached hereto, and approves payment of consideration in the amount of Fifteen Thousand and No/100 Dollars ($15,000), and further recommends approval by the City Council to approve and authorize same. BE IT FURTHER RESOLVED BY THE 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 Taylor, Xard Secretary APPROVED AS TO CONTENT: c David McCalla, Director of Electric Utilities APPROVED AS TO FORM: J y ith, General Counsel TEMPORARY CONSTRUCTION EASEMENT AND AMENDMENT OF UTILITY EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § This Temporary Construction Easement and Amendment of Utility Easement ("TCE") is effective as of the 1 st day of December 2019 (the "Effective Date") between 168 Chicago, LP, dlblal "The Fountains", whose principle business address is 5001 Chicago Ave. Lubbock, TX 79414 ("Grantor"), and the City of Lubbock, acting by and through Lubbock Power & Light ("Grantee"). RECITALS WHEREAS, Aaron Wechter, Archie Skibell, and Irvin Skibell executed that certain Utility Easement (herein so called), in favor of the City of Lubbock, dated September 29, 1972, and recorded at Volume 1322, Page 126, Deed Records, Lubbock County Texas, incorporated herein by reference and encumbering the lands more particularly described therein ("Utility Easement Lands"); WHEREAS, Grantor is the current owner of the Utility Easement Lands and Temporary Easement Property; WHEREAS, the Utility Easement provides for Grantee to construct, reconstruct, repair, and perpetually maintain any and all types of electric distribution and transmission lines, and any other type of public utility in, on or under the Utility Easement Lands; WHEREAS, the Utility Easement provides Grantee the right to maintain the public utilities therein, which includes the right to cut, trim and remove vegetation within the Utility Easement Lands; WHEREAS, the Utility Easement provides Grantee the right to place distribution and transmission lines within the Utility Easement Lands; WHEREAS, the Utility Easement provides Grantee the right to remove buildings or structures located on the Utility Easement Lands; WHEREAS, Grantee is in need of additional temporary construction space adjacent to the Utility Easement Lands to reconstruct a transmission and distribution line as part of Grantee's 115kV upgrade project (the "Project"); NOW, THEREFORE, Grantor and Grantee, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, grant, convey, assign, consent, agree, covenant and stipulate as follows: Temporary Construction Easement 1. Grantor has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Lubbock, Texas ("Grantee") a temporary construction and access easement in, along, upon, under, over and across that certain real property, owned by Grantor, and situated in Lubbock County, Texas, more particularly depicted in Exhibit "A", attached hereto and made a part hereof for all purposes (the "Temporary Easement Property"). 2. It is agreed that the Grantee, in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings, structures of any kind, and other obstructions as may now or hereafter be found upon said Temporary Easement Property, for the purpose of construction activities, grading activities and access in, along, upon, under, over and across said Temporary Easement Property, as more particularly described in Paragraph 1, above. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees, and certain Encroaching Parking Spots that exist within the Temporary Easement Property or Utility Easement Lands. The Grantee, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under, over and across said Temporary Easement Property for the purpose of access, construction and grading activities or any part thereof. 3. The term of this Temporary Construction Easement shall commence on the Effective Date and terminate on January 31, 2020, unless the parties mutually agree in writing to an extension or reduction of such term. 4. As consideration for damages to the Grantor's property, Grantee shall pay to Grantor the sum of fifteen thousand and No/100 Dollars ($15,000.00). The monetary compensation prescribed in this Section 4 is herein referred to as the "Total Monetary Compensation." AMENDMENT OF UTILITY EASEMENT 5. Grantor stipulates that Grantee has the right, as granted to it by the Utility Easement, to remove buildings or structures from the Utility Easement Lands. In recognition of said rights, Grantor 2 has, upon notice by Grantee, removed structures related to certain parking spots from the Utility Easement Lands. Structures related to parking spots B 16 through B 17 ("Encroaching Parking Spots") as roughly depicted in Exhibit B, attached hereto and made a part hereof, shall not be replaced after removal. 6. Grantor has further constructed, or allowed to be placed, certain structures related to parking facilities ("Parking Cover") within the Utility Easement Lands, as roughly depicted in Exhibit C, attached hereto and made a part hereof. Grantee conditionally consents to the location of the Parking Cover upon the following conditions: (i) the Parking Cover shall not be modified in size of footprint or height; (ii) the Parking Cover is grounded at all times, to an extent at least as sufficient as set forth on Exhibit D, attached hereto and made a part hereof and at all times in compliance with NESC standards, as they may be amended from time to time, and any other clearance requirements; and (iii) Grantor's infrastructure, or use of such infrastructure, in the Utility Easement Lands is not modified or altered, in any way, manner or form, in the future, such that the Parking Cover would impede or inhibit the operation of such infrastructure or present a safety hazard, as determined by Grantee in its sole discretion, Grantor stipulating that the Parking Cover is located and maintained at the sole risk of Grantor 7. Grantor stipulates that the Total Monetary Compensation payment constitutes and includes all compensation due Grantor by Grantee related to this 'rcE and any use of Grantor's property pursuant or related to this TCE, 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, those associated with the removal of the Parking Cover, as set forth in paragraphs 5-6, above, or other structures located within the Utility Easement Lands or Temporary Easement Property, related to activities conducted pursuant to this TCE, interference with Grantor's activities on the Utility Easement Lands or the Temporary Easement Property or other property interests of Grantor, caused by or related to activities related to this TCE, whether accruing now or hereafter, and Grantor hereby releases for themselves, their successors and assigns, Grantee, its 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. 8. To the extent Grantor maintains any Parking Cover structures, or any structures of any kind, whether or not in violation of the terms of the Utility Easement within the Utility Easement Lands, 3 Grantor, on behalf of itself and its heirs, devisees, successors and assigns ("Grantor Parties"), hereby releases, acquits, and forever discharges Grantee and its employees, contractors, elected or appointed officials, agents ("Grantee Parties"), and each and every one of Grantee Parties' respective predecessors, successors, assigns, subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and independent contractors (collectively, the "Released Parties"), of, from and against any and all claims, controversies, actions, demands, causes of action, or liability of every kind and description, known or unknown, at law or in equity (collectively, "Claim"), which it had in the past, now has, or may hereafter have against Grantee arising out of or related to the Project, including but not limited to, any Claim related to the location and/or maintenance of the Parking Cover within the Utility Easement Lands. GRANTOR PARTIES FURTHER„ RELEASE, ACQUIT, AND FOREVER DISCHARGE GRANTEE PARTIES AND RELEASED PARTIES FOR ANY CLAIM BASED ON NEGLIGENCE OR GROSS NEGLIGENCE OF THE GRANTEE PARTIES OR RELEASED PARTIES RELATED TO THE PROJECT, UTILITY EASEMENT, OR TEMPORARY CONSTRUCTION EASEMENT. 9. The terms and provisions of this Amendment of Utility Easement, paragraphs 5-8, above, shall survive the termination or expiration, in whole or in part, of the TCE. TO HAVE AND TO HOLD unto the said City of Lubbock, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the 8th day of July. 2020 4 Grantor: Ben Stribling President of 480 Lubbock, Inc. General Partner of 168 Chicago, LP ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF TOM GRF,FN This instrument was acknowledged before me on July 8, 2020, by Ben Striblins? (name of acknowledging partner, partners, authorized officer. or agent), President of 480 Lubbock, Inc. General Partner of 168 Chicago, LP (partner(s), authorized officer, or agent) on behalf of 168 Chicago, LP, a limited partnership. .., ROCHELLE PORTERA -' •2 Notary Public Notary Public, in and for the State of Texas STATE OF TEXAS M Comm 1301526 i2.2021 My Commission Expires: 03/12/2023_ AFTER RECORDING RETURN TO: City of Lubbock Right of Way Department Attn: Belen Gomez 1314 Avenue K Lubbock, Texas 79401 EXHIBIT A LP&L THOMPSON-TO-VICICSBURG TRACT "A", FOUNTAINS ADDITION TRACT "A", NEWMAN ADDITION LUBBOCK COUNTY, TEXAS EASEMENT LINE TABLE BEARING DISTANCE L I IN 88006'40" W 1 225.00' L2 N 01038'561 E 35.00' L3 I S 88006'40" E 225.00' LW L4 S 01038'56° W 35.00' Q 0 FOUNTAINS ADDnXW Vi TRAcT 'A" R VOLUME 1844. PAGE 730 L/ NEWMAN ADDITION This Point Bears S. 91°53119" W. 14.18' TRACT "A" and N. 8M6'41" W. 47.08' From the SE Car. VOLUME 1323. PAGE 752 of Tract "A". Fountains Addition. TXNC 4202 GRID COORDINATE N - 7263126. t0 E 923729.54 �E OF rg 0eeR off' ROBERT A. CHRISTOPHER ...�.._,....5187 � O O "S..«w' uR►f�. • N ACCOMPM MS YLATEi ERRARINEWITE, SAME GATE - FD. Ralroad Space SWBT- Sauthwestem BeA Telephone LPL - Lt�boek Power & Light UUE - UnderWolrld Utility Easement NOTES: NOTES: EXHIBIT PREPARED 01/28/2020 HEAVY LINES DENOTE PLAT LIMITS BEARINGS ARE RELATIVE TO GRID NORTH, TEXAS COORDINATE SYSTEM OF 1983, NORTH -CENTRAL ZONE, (2011; EPOCH 2O10.0) 170616/MAC GRAPHIn I rCALE IN FEEFT i — _ . Ir ,' IU 0 50 T5 100 125 150 200-�. 250 300 r Cupyriphl `4710. l luyu Kccd and Aamialn. Inc, HUGO REED AND ASSOCIATES INC. _ 1601 AVENUE N 1 LUBBOCK. TEXAS 79401 1 0040767.56421 FAX 9061763-]a91 1j1. fTEXAS REGISTERED ENGINEERING FIRM F-1760 TEXAS LICENSED SURVEYING FIRM W0676.00 LAND SURVEYORS CIVIL ENGINEERS EXHIBIT "A" TEsNIPORARY WORKING SPACE EASEtIMENf METES AND BOUNDS DESCRIPTION of a 0.1808-acre temporary construction easement located in Tract "A", Fountains Addition, described in Volume 1844. Page 730. Deed Records of Lubbock County. and Tract "A", Newman Addition. described in Volume 1323, Page 752. Deed Records of Lubbock County, said 0.1808-acre tract being further described as follows.. BEGINNING at a pint lbr the Southeast corner of this tract which bears S. 01 °53' 19" W. a distance of 14,18 feet and N. 88°06'40" W. a distance of 47.08 feet from a railroad spike found at the Southeast corner of said Tract "A", Fountains Addition; L I - THENCE N. 88°06'40" W. a distance of 225.00 feet to a point for the Southwest corner of this tract: L2 - THENCE N. 01 038'56" E.. at 14.40 feet pass the North line of said Tract "A". Newman Addition. being the same South line of Tract "A". Fountains Addition. continuing for a total distance of 35.00 feet to a point for the Northwest corner of this tract' 1,3 - THENCE S. 88006'40" E. a distance ol'725.00 feet to a point for the Northeast corner this tract; L4 - THENCE S. 01038'56" W., at 20.78 feet pass the South line of said Tract "A". Fountnins Addition. being the same North line of said Tract "A" Newman Addition_ continuin.- for a total distance of 35.00 feet to the Point of Beginning. Contains: 0.1808 acres Bearings relative to the Texas Coordinate System of 1983 (2011) Epoch 2010.0, North-Central Zone Distances and areas are surface. U.S. Survey Feet Description prepared on: January 28, 2020 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas 'An exhibit of even date accompanies this description here%vith. 0.1808 Temporary Construction Easement 'tract "A" Fountains Addition r Tract "A" Newman Addition - Page I of I Exhibit B Structures related to parking spots B 16 and B 17 (1 U feet to each side of the pole) shall not be replaced after removal, j .. f F f c:tl �s Earth 7 J k Exhibit D For grounding the carport, Black & Veatch recommends ground roofs for each posts of parking structures. Construction specification "16868.6 Fence Grounds" describes grounding for fences which can be applicable to parking structures. 16868.6 Fence Grounds Fence grounds shall be furnished and in,talled as shown on the drawings and in accordance w,th the following requirements. Fence grounds shall be inm;Wed at all fence crossings and at intervals not to exceed 400 feet along parallel fences that are within the transmission right-of-way Where possible. fence grounds shall be attached to ground rod driven for nearest structure. When the nearest structure is more than 10 feet from the fence a separate ground rod for the fence shall be driven