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HomeMy WebLinkAboutResolution - 2020-R0306 - Permanent Right of Access and Use from Texas Tech UniversityResolution No. 2020-RO306 Item No. 7.25 September 8, 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, that certain Capital Improvement Project providing for the Downtown Redevelopment Underground (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 Permanent Right of Access and Use from Texas Tech University (the "Grantor"), as more particularly described in Exhibit A to the attached Permanent Right of Access and Use, attached hereto (the "Property Interest"); WHEREAS, LP&L has engaged in negotiations with the Grantor of the Property Interest and Grantor has agreed to the terms of the Permanent Right of Access and Use, as attached hereto and incorporated herein, 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 hereby authorizes and directs the Mayor of the City of Lubbock to execute the Permanent Right of Access and Use from Texas Tech University to the City of Lubbock, as attached hereto as Exhibit 1 and incorporated herein as though fully set forth herein in detail, regarding a 128 square foot tract of land located in Block 102, Original Town of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas. Passed by the City Council this 8`h day of September, 2020. "V DANIEL M. POPE, MAYOR ATT ST: Rebecca Garza, City S re APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Je y Smi h, P&L General Counsel 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, that certain Capital Improvement Project providing for the Downtown Redevelopment Underground (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 Permanent Right of Access and Use from Texas Tech University (the "Grantor"), as more particularly described in Exhibit A to the attached Permanent Right of Access and Use, attached hereto (the "Property Interest"); WHEREAS, LP&L has engaged in negotiations with the Grantor of the Property Interest and Grantor has agreed to the terms of the Permanent Right of Access and Use, as attached hereto and incorporated herein, 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 Permanent Right of Access and Use from Texas Tech University to the City of Lubbock, as attached hereto and incorporated herein as though frilly set forth herein in detail, regarding a 128 square foot tract of land located in Block 142, Original Town of Lubbock, Lubbock County, Texas, according to the map, plat, and/or dedication deed thereof recorded in Volume 5, Page 384 of the Deed Records of Lubbock County, Texas, 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 the Electric Utility Board hereby authorizes and directs the Chairman of the Electric Utility Board to execute for and on behalf of the City of Lubbock, acting by and through Lubbock Power & Light, that certain Permanent Right of Access and Use from Texas Tech University as attached hereto and incorporated herein as though fully set forth herein in detail, and any documents related thereto. 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 Permanent Right of Access and Use within sixty (60) days of the date hereof. Passed by the Electric Utility Board this 18" day of August, 2020. DAN ODOM, CHAIRMAN ATTEST: Greg TE ylor, and Secretary APPROVED AS TO CONTENT, David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Jt S i i, General Counsel Resolution No. 2020-RO306 PERMANENT RIGHT OF ACCESS AND USE THE STATE OF TEXAS COUNTY OF LUBBOCK TEXAS TECH UNIVERSITY, a Texas institution of higher education and a component of the Texas Tech University System ("GRANTOR"), for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS to GRANTOR paid by the CITY OF LUBBOCK, a Texas Home Rule Municipal Corporation, of Lubbock County, Texas ("GRANTEE"), the receipt and sufficiency of which is hereby acknowledged and confessed, and for the further good and valuable consideration in benefits accruing and to accrue to the remainder of GRANTOR'S property, to accomplish the purpose described below, grants to the GRANTEE, its legal representatives, successors and assigns, a perpetual and permanent right of access and use for the property located in Lubbock County, Texas, described in the attached Exhibit "A" (approximately 128 square feet; approved by GRANTOR's Board of Regents in December 2019) (the "Property"). The purpose of this right of access and use is to allow construction, maintenance, operation, improvement, reconstruction, increase or reduce the size and capacity, repair, relocation, inspection, removal, or replacement of a transformer and all necessary or desirable appurtenances over, under, through, across, and upon the Property (the "Purpose"). SO LONG AS GRANTEE continues to use the Property for the Purpose, the right of access and use includes, but is not limited to, the free and uninterrupted use, liberty and privilege of ingress, egress, and regress in, along, over, across, under, upon and against the Property for the purpose of constructing, reconstructing, maintaining, repairing, operating, improving, increasing or reducing the size and capacity, relocating, inspecting, patrolling, removing or replacing, and/or cleaning and clearing the Property for the Purpose; together with the right of ingress, egress and regress for the Purpose over, under, through, across, and upon the Property. If the Property ceases to be used for the Purpose, GRANTEE shall provide written notice to GRANTOR. Within six months of this notice, GRANTEE shall restore the Property to substantially the same condition as it was before the grant of this right of access and use or to a state reasonably acceptable to GRANTOR (such acceptance not to be unreasonably withheld), without cost to GRANTOR, its successors and assigns, and this right of access and use shall automatically expire six months after such notice. GRANTOR and GRANTEE acknowledge their understanding, and by the acceptance of this instrument it is recognized, that: 1. GRANTOR retains title to all of the oil, gas, sulphur, and other minerals in and under and that may be produced from the Property that is the subject of this right of access and use ("Mineral Interests"), and that operations by GRANTOR for exploration or recovery of Mineral Interests are permitted on the Property so long as the operations do not endanger or interfere with the Purpose stated in this right of access and use. Page I of 6 Notwithstanding the preceding paragraph, GRANTOR, (including members of its Board of Regents, other component institutions, officers, agents, and employees) shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "other minerals" shall include oil, gas and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. 2. Accomplishing the Purpose stated in this right of access and use is the sole responsibility of GRANTEE; therefore, GRANTOR will not be responsible for any costs associated with GRANTEE'S accomplishing the Purpose. GRANTEE will pay all costs associated with planning, constructing and maintaining the above described project and any related work. Prior to beginning construction, GRANTEE will provide GRANTOR with construction drawings of the above described project for retention in GRANTOR'S records. 3. To the extent allowed bylaw, GRANTEE shall indemnify and hold GRANTOR (including members of its Board of Regents, other component institutions, officers, agents, and employees) harmless from any and all claims and demands arising out of or occurring as a result of GRANTEE'S gross negligence or willful misconduct under this right of access and use and of GRANTEE accomplishing the Purpose stated in this right of access and use. TO HAVE AND TO HOLD the above described right of access and use, together with the rights and appurtenances related to the right of access and use, for so long as GRANTEE uses the Property for the Purpose. Dated September S , 2020 GRANTOR: Page 2 of 6 THE STATE OF TEXAS COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Lawrence Schovanec, in his capacity as President of Texas Tech University, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and as the act and deed of Texas Tech University. GIVEN UNDER MY HAND AND SEAL OF OFFICE (?'� / , 2020. RACHEL G. ANTHONY lotary Public, State 01 -rexe Comm. Expires 07-31-2021 My Commission Expires: Page 3 of G GRANTEE ACKNOWLEDGMENT GRANTEE: City of Lubbock, acting by and through the ELECTRIC UTILITY BOARD Dan Odom, Chairman of the Electric Utility Board ATTEST: Greg' 'aylor, S retary APPROVED AS TO CONTENT David McCalla, Director of Electric Utilities APPROVED AS TO FORM: it SIC" General Counsel THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on LIS� , 2( , 2020, by Dan Odom, Chairman of the Electric Utility Board of the City of b ck, Texas home rule municipal corporation, on behalf of said E ri Utility Boar OLIVIA DENISE PIERCE otar Public, State of Texas Notary ID M 125055535 y y p 2oZ� My commission Expires M commission ex ires:r September 15, 2020 Page 4 of 6 GRANTEE: CITY OF L BOCK, TEXAS, acting by and through the City Council Dan Pope, Mayor of the City of Lubbock SST: Becky Garza, Secretary APPROVED AS TO CONTEND: L;jE - - David McCalla, Director of Electric Utslitjc: i APPROVED AS TO FORM: e ny mi , General Counsel of Lubbock Power & Light THE STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on D i , S CID , 2020, by Dan Pope, Mayor of the City of Lubbock, Texas home rule mL nicipal corporation, on behalf of said home rule municipal corporation. 10JIMMY D. MAYNARD Notary Public, Stab at %xis Notary IN 13M77.4 MYCWFiWME*n12-274W AFTER RX City of Lubbock — Right of Way Agent 1314 Avenue K Lubbock, Texas 79401 Page 5 of 6 ry bIic, Sta of Texas y commission expires: 2-2-'LO'L3 With a copy to: Office of General Counsel Texas Tech University System PO Box 42021 Lubbock, TX 79409-2021 Page 6 of 6 EXHIBIT SHOWING SURVEY OF A TRANSFORMER EASEMENT LOCATED IN BLOCK 102 ORIGINAL TOWN OF LUBBOCK LUBBOCK COUNTY, TEXAS ACCORDING TO THE MAP, PLAT AND/OR DEDICATION DEED THERFOF RECORDED 1N VOLUME 5, PAGE 384 DEED RECORDS OF LUBBOCK COUNTY, TEXAS Exhibit A S88° 14' 33"E 8.00' SURVEYED ON THE GROUND. / SET MA'6wNAIL — POWER POLE MARCH 4, 2019 UNABLE TO SET DUE/A / TO POWER POLE ROBERT A. CHRISTOPHER REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5167 LICENSED STATE LAND SURVEYOR DETAIL: TRANSFORMER EASEMENT STATE OF TEXAS SCALE: 1"-5' LOT 6. BLOCK 102. IAA ORIGINAL TOWN, LUBBOCK f 1 CONTAINS 128 SO, FT. OF TIC• 1' �P �G�Sr�� ROBERT A. CHRISSTOPHER ! 10 POINT OF BEGINNING / 15 5167 ��" J SET N" �ql ESS®SFLx' N880 14' 33"W IOTH 1 STREE T FO. X / FD. x 20' 0 / i 3 �1 �+ eccEY �ppc r6F CUH86CK F70RIj Wic 6 7 B 9 /O LL ILU MAIN S TREE T L (ASAYA r/ARM PAWO) C w'R� UCAr-yr-Qr-my atooSC' »A LEGAL DESCRIPTION OF EVEN SURVEY DATE ACCOMPANIES THIS PLAT HERE WITH. BEARINGS RELATIVE TO GRID NORTH, TEXAS COORDINATE SYSTEM OF 1983 (2011) EPOCH 2010.0. NORTH -CENTRAL ZONE. DISTANCES ARE SURFACE. U.S. SURVEY FEET. COPYRIGHT 2019 HUGO REED 8, ASSOCIATES, INC. r ; I UGH REED AND ASSOCIATES, INC. 1601 AVENUE N ! LUBBOCK, TEXAS 79401 18051783,5642 1 FAX 8061763.3891 TEXAS REGISTERED ENGINEERING FIRM F.760 TEXAS LICENSED SURVEYING FIRM 100676-00 LAND SURVEYORS CIVIL ENGINEERS METES AND BOUNDS DESCRIPTION of a 128-square-foot tract of land located in Block 102, Original Town of Lubbock, Lubbock County, Texas, according to the map, plat and +or dedication deed thereof recorded in Volume 5, Page 384 of the deed records of Lubbock County, Texas, being further described as follows: BEGINNING at a chiseled "X" set for the Southeast corner of this tract, which bears N. 01 °39'28" E., a distance of 8.00 feet from the original Southeast corner of said Lot 5, Block 102, Original Tnwn of Lubbock; THENCE N. 88°14'33" W., a distance of 8.00 feet to a chiseled "X" set for the Southwest confer of this tract; THENCE N. 01039'28" E., a distance of 16.00 meet to a set "mag" nail set for the Northwest corner of this tract; THENCE S. 88014'33" E., a distance of 8.00 feet to a point for the Northeast corner of this tract; THENCE S. 01 °39'28" W., a distance of 16.00 feel to the Point of Beginning. Bearing are relative to Grid North, Texas Coordinate system of 1983 (2011) epoch 2010.0, North-Central Zone. Distances are surface, U.S. Survey Feet. Surveyed on the ground, March 4, 2019 Robert A. Christopher Registered Professional Land Surveyor No. 5167 Licensed State Land Surveyor State of Texas *A plat of even survey date accompanies this description herewith.