HomeMy WebLinkAboutResolution - 2021-R0022 - Temporary Construction Easement Oncor, South Water Treatment PlantResolution No. 2021-R0022
Item No. 7.25 RESOLUTION
January 12, 2021
WHEREAS, Lubbock Power & Light is the municipally owned electric utility of
the City of Lubbock ("LP&L");
WHEREAS, LP&L filed before the Public Utility Commission of Texas ("PUC")
its Application of the City of Lubbock Through Lubbock Power and Light for
Authority to Connect a Portion of its System with the Electric Reliability Council of
Texas ("ERCOT"), Docket Number 47576 (the "Interconnection Application"), on or
about September 1, 2017;
WHEREAS, the portion of LP&L's load subject to the Application is more
particularly defined therein and herein as the "Affected Load";
WHEREAS, the Application to integrate the Affected Load into ERCOT was
granted by the PUC, as evidenced by its Order dated March 15, 2018, in PUC Docket
No. 47576, styled Application of the City of Lubbock Through Lubbock Power and
Light for Authority to Connect a Portion of its System with the Electric Reliability
Council of Texas;
WHEREAS, as a part of the Order, the PUC ordered LP&L and Sharyland
Utilities ("Sharyland"), as end point owners of the subject transmission infrastructure
required to be constructed to integrate the Affected Load into ERCOT (the
"Facilities"), to agree to the split of ownership of the Facilities;
WHEREAS, such agreement was accomplished through the participation
agreement entered into by and between LP&L and Sharyland ("Participation
Agreement") whereby Sharyland agreed to design and build the Facilities for LP&L
for the purpose of facilitating LP&L's integration into the Electric Reliability Council
of Texas and to provide services related to the foregoing (the "Project");
WHEREAS, subsequent to entering into the Participation Agreement, a series of
transactions approved by the PUC in Docket No. 48929 resulted in a substantial
portion of Sharyland's assets being acquired by Oncor Electric Delivery Company
LLC ("Oncor");
WHEREAS, through this acquisition, Oncor succeeded to all of Sharyland's
rights, benefits and obligations under the Participation Agreement;
WHEREAS, pursuant to the Participation Agreement, Oncor intends to enter
City -owned property identified in detail in Exhibits A and B attached to the Temporary
Construction Easement attached hereto and incorporated herein ("Lands") in order to
commence initial construction of transmission lines and associated equipment;
WHEREAS, the City agrees that Oncor may use the Lands to accomplish the purposes
outlined in the Temporary Construction Easement and the Participation Agreement, subject
to the terms provided therein; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of
the City of Lubbock to execute that certain Temporary Construction Easement by and between
the City of Lubbock and Oncor Electric Delivery Company LLC, as attached hereto and
incorporated herein as though fully set forth herein in detail, and any related documents,
regarding land more particularly described in Exhibits A and B to the Temporary
Construction Easement, being a portion of the Fiddlewood (New Oliver) to Farmland 345 kV
Transmission Line, as approved in PUC Docket 48909, and a portion of the City of Lubbock's
South Water Treatment Plant.
Passed by the City Council this 12th day of January, 2021.
Ly)��,
DANIEL M. POPE, MAYOR
ATTEST:
City ecr tary
APPROVED AS TO CONTENT:
David McCalla, Director of Electric Utilities
APPROVED AS TO FORM:
J ny mit , &L General Counsel
. Resolution No. 2021-R0022 2021005654 7 RGS EASE 11111
mill K FS KIM NIJ L SkNIM, R
TEMPORARY CONSTRUCTION EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
That for and in consideration of Ten and No/100 Dollars ($10.00) and other good
and valuable consideration paid to the undersigned, (GRANTOR), the receipt of which is
hereby acknowledged, the said GRANTOR does hereby grant unto Oncor Electric
Delivery Company LLC, a Delaware limited liability company, (GRANTEE) whose
address is 1616 Woodall Rodgers Freeway, Dallas, Texas, 75202-1234, a temporary right
of way and easement ("Temporary Easement"), to be utilized for temporary working space
during GRANTEE's initial construction of transmission line and associated equipment
(the "Facilities"), over, under, along, to, from, and through land more particularly described
in Exhibits A and B, attached hereto and made part hereof (the "Temporary Easement
Area").
This easement grant is made by GRANTOR and accepted by GRANTEE subject
to the following exceptions, reservations, restrictions, conditions and provisions:
All valid and subsisting encumbrances, conditions, covenants, restrictions,
reservations, exceptions, rights of way, and easements of records affecting the Temporary
Easement Area or any part thereof, including building and zoning ordinances, all laws,
regulations and restrictions by municipal or other governmental authority applicable to and
enforceable against the Temporary Easement Area.
GRANTEE shall be entitled to use said Temporary Easement for construction and
related purposes, including but not limited to the trimming and removal of trees as may be
necessary for such construction purposes, subject to the termination provision hereof.
GRANTOR agrees that the Temporary Easement Area may be used and enjoyed
by GRANTEE and GRANTEE's agents, employees, contractors, and designees, and any
other agents, contractors and invitees acting by, through or under any of them. GRANTEE
shall conduct all construction activity and operate all associated equipment, including but
not limited to the Facilities, in conformity with the Participation Agreement entered into
between GRANTOR and GRANTEE, as it may be amended from time to time
("Participation Agreement").
GRANTEE shall take all reasonable measures to minimize disturbances to
neighboring businesses or nearby residences and shall work with GRANTOR to resolve
complaints/disputes from adjacent property owners or the public arising from
GRANTEE's use of the Temporary Easement Area.
GRANTEE shall pay for all utility or other services furnished for construction
activities and shall post and maintain, at a designated location approved by GRANTOR,
signage indicating a name and contact number where GRANTEE can be reached twenty-
four hours a day.
GRANTEE hereby agrees to comply with all applicable federal, state, and local
rules, regulations, statutes, laws and ordinances governing construction and related
activities within the Temporary Easement Area.
GRANTEE hereby agrees to obtain all required permits and governmental
approvals for its construction activity so as to meet all regulatory requirements and shall
complete all construction in a workmanlike manner. Upon completion of construction,
GRANTEE shall promptly restore the surface of the area disturbed by its construction
activity to substantially the same or better condition in which the surface existed before
construction of the Facilities, to the extent that doing so will not endanger the safe
construction, maintenance, or operation of the Facilities, and to restore any impaired
subjacent support therefor, and remove all unused construction materials, tools, equipment,
and personal property from the Temporary Easement Area.
GRANTEE agrees to and shall defend, protect, indemnify and hold harmless
GRANTOR, including any of its elected officials, appointed officials, employees, and
agents, from and against all claims, losses, expenses, damages, demands, judgments,
causes of action, suits, and liability in tort, contract, or any other basis and of every kind
and character whatsoever, for personal injury, death, or property damage ("Claims"), which
arise out of GRANTEE's use of the Temporary Easement Area when such Claims result
from GRANTEE's negligence or willful misconduct.
It is understood and agreed that this easement grant is not a conveyance of any land
in the Temporary Easement Area but is a grant solely of the temporary construction
easement described herein. GRANTEE's use and occupancy of the Temporary Easement
Area shall be subject to the permissions herein granted. GRANTEE hereby agrees that it
will not dispute or resist GRANTOR's title to the Temporary Easement Area.
GRANTOR, its successors and assigns, shall have the right to use the Temporary
Easement Area for any purpose or purposes whatsoever, provide that such use does not
unreasonably interfere with or obstruct the use of the Temporary Easement by GRANTEE
for the purposes specified herein as being within the scope of this easement.
The provisions herein shall extend to and be binding upon GRANTEE and
GRANTOR and their respective successors and assigns. This Temporary Construction
Easement shall be governed by and construed in accordance with the laws of the State of
Texas. The sole venue for any action, controversy, dispute, or claim arising under this
Temporary Construction Easement shall be in a court of appropriate jurisdiction in
Lubbock, County, Texas, exclusively.
GRANTOR grants, and GRANTEE accepts, this Temporary Construction
Easement subject to the terms and conditions set forth in the Participation Agreement, to
the extent the terms and conditions of the Participation Agreement apply, and nothing in
this Temporary Construction Easement shall be interpreted to supersede or modify the
rights, responsibilities, or obligations contained therein. In the event a conflict exists
between this Temporary Construction Easement and the Participation Agreement, the
Participation Agreement shall control, to the extent the terms and conditions of the
Participation Agreement apply.
This Temporary Easement Agreement may be executed in counterparts, each of
which shall constitute an original, and which together shall constitute one and the same
agreement.
GRANTEE hereby warrants that it is in compliance with Chapter 2270, Subtitle F,
Title 10 of the Texas Government Code by verifying that: (1) it does not boycott Israel and
(2) it will not boycott Israel during the term of this temporary construction easement.
TO HAVE AND TO HOLD said easement unto GRANTEE, its successors and
assigns, until the earlier of (i) 30 days following issuance of a final, non -appealable order
by the Public Utility Commission of Texas ("PUC") to transfer CCN rights referenced in
Finding of Fact 42A in the PUC's Final Order on the Wadsworth Transmission Line in
PUC Docket No. 48909, if applicable, or (ii) if no such proceeding to transfer CCN rights
as referenced in Finding of Fact 42A of the aforementioned PUC Final Order is finally
determined by the PUC, the date that is two years from the date GRANTEE becomes
entitled to take possession of the Temporary Easement Area, at which time this easement
will terminate and be of no further force and effect.
EXECUTED as the dates of the respective acknowledgements hereinafter set forth,
but effective the 12th day of January 20 21.
Grantor: The City of Lubbock
By:
DANIEL M. POPE
MAYOR OF THE CITY OF LUBBOCK, TEXAS
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF LUBBOCK
This instrument was acknowledged before me on ,u�,,�, 202a, by Daniel M.
Pope, Mayor of the City of Lubbock, Texas, a Texas home rule municipal corporation, on
behalf of said municipal corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this \ Zap
of A. D. 2021 .
///� �12111"j -
of ]ic ' /and for the f
Grantee: Incor Electric Delivery Company LLC
B:
Jil L Alvar z, P. E.
Title: Attomev-In-Fact
STATE OF TEXAS
COUNTY OF�t-
day
JIMMY D. MAYNARD
Notary Public, State of Texas
Notary IN 132294774
MY Commission Expires 12.27.2023
BEFORE ME, the undersigned authority, on1 this day personally appeared
.TH 4. R(Vli1ZeZ i'Cr. as the Uey-i.a-,PAC of
L1rco2 r/e�e�c �i�i��w �w�or„r known to me to be fhe person whose name is
subscribed to the foreg mg i strur ie�d acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed, in the capacity therein stated
and he/she is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A. D.
20PO . 1/
KRITACAVANESSary Public Notary Public in and for the State of Texas
E OF TEXAS
#7306284F.x . June 25, 2022
ONCOR ELECTRIC DELIVERY 53356-ESMT-CCN 2_RI
FIDDLEWOOD (NEW OLIVER) - FARMLAND 345 KV LINE SAM JOB NO. 53356
345 KV TRANSMISSION LINE EASEMENT SHEET 01 OF 02
CCN NO.2 - CITY OF LUBBOCK
EASEMENT NO. E-301024
EXHIBIT 'A'
CCN NO.2 - CITY OF LUBBOCK
10.865 ACRES OR 473,274 SQUARE FEET
175 FOOT WIDE TRANSMISSION LINE EASEMENT
BEING A 10.865 ACRE TRACT OF LAND LOCATED IN SECTION 72, BLOCK S, T.T. R.R. CO. SURVEY, ABSTRACT NO
1382, LUBBOCK COUNTY, TEXAS AND BEING A PART OF A TRACT OF LAND DESCRIBED IN A GENERAL WARRANTY
DEED AND ASSIGNMENT OF LEASE TO THE CITY OF LUBBOCK, RECORDED IN DOCUMENT NO. 2008038584 OF THE
OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, TEXAS (O.P.RL.C.T.), AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A CALCULATED POINT IN THE EAST LINE OF SAID CITY OF LUBBOCK TRACT, FROM WHICH A (-
INCH NAIL FOUND AT THE NORTHEAST CORNER OF SAID CITY OF LUBBOCK TRACT BEARS NORTH Ol DEGREES 05
MINUTES 31 SECONDS EAST, A DISTANCE OF 754.38 FEET, SAID POINT OF BEGINNING HAVING GRID COORDINATES
OF N:7234745.17, E:976595.88;
THENCE SOUTH 01 DEGREES 05 MINUTES 31 SECONDS WEST, WITH THE EAST LINE OF SAID CITY OF LUBBOCK
TRACT, A DISTANCE OF 180.11 FEET TO A CALCULATED POINT;
THENCE CROSSING SAID CITY OF LUBBOCK TRACT, THE FOLLOWING THREE (3) COURSES AND DISTANCES:
NORTH 75 DEGREES 13 MINUTES 18 SECONDS WEST, A DISTANCE OF 760.90 FEET TO A CALCULATED POINT;
NORTH 87 DEGREES 10 MINUTES I 1 SECONDS WEST, A DISTANCE OF 958.97 FEET TO A CALCULATED POINT;
SOUTH 74 DEGREES 31 MINUTES 24 SECONDS WEST, A DISTANCE OF 985.32 FEET TO A CALCULATED POINT
IN THE WEST LINE OF SAID CITY OF LUBBOCK TRACT;
THENCE NORTH 01 DEGREES 03 MINUTES 32 SECONDS EAST, WITH THE WEST LINE OF SAID CITY OF LUBBOCK
TRACT, A DISTANCE OF 182.55 FEET TO A CALCULATED POINT, FROM WHICH A RAILROAD SPIKE FOUND AT THE
NORTHWEST CORNER OF SAID CITY OF LUBBOCK TRACT BEARS NORTH Ol DEGREES 03 MINUTES 32 SECONDS
EAST, A DISTANCE OF 881.49 FEET;
THENCE CROSSING SAID CITY OF LUBBOCK TRACT, THE FOLLOWING THREE (3) COURSES AND DISTANCES:
NORTH 74 DEGREES 31 MINUTES 24 SECONDS EAST, A DISTANCE OF 961.57 FEET TO A CALCULATED POINT;
SOUTH 87 DEGREES 10 MINUTES 11 SECONDS EAST, A DISTANCE OF 1,005.48 FEET TO A CALCULATED POINT;
SOUTH 75 DEGREES 13 MINUTES 18 SECONDS EAST, A DISTANCE OF 736.60 FEET TO THE POINT OF
BEGINNING AND CONTAINING 473,274 SQUARE FEET OR 10.865 ACRES OF LAND, MORE OR LESS.
BASIS OF BEARINGS DERIVED FROM THE TEXAS COORDINATE SYSTEM OF 1983, NAD83 (2011), TEXAS NORTH CENTRAL ZONE (4202). THE
DISTANCES ARE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.00025645050192. ALL COORDINATES SHOWN ARE GRID
VALUES.
SKETCH OF EVEN DATE ACCOMPANIES THIS DESCRIPTION.
LAND SURVEYOR NO. 6396, 5WE OF TEXAS
TEXAS FIRM REGISTRATION NO. 10064300
DATE: 07/27/2020
\\seminc\dal\PROJECTS\1020053356\I00\Survey\07Dacriptims\53356-FSMT-2—RI.do
GRAPHIC SCALE
0 300 600 12M
(IN FEET)
1INCH =600FT
EXHIBIT 'BI,
E-301024
LINE TABLE
LINE TABLE
NUMBER
BEARING
DISTANCE
NUMBER
BEARING
DISTANCE
Lt
S01'05'31'W
180.11'
L5
N01'03'32E
182.55'
L2
N75'13'18'W
760.90'
L6
N74'31'240E
961.57'
L3
N8T10'11iN
958.97'
L7
S871O'11'E
1005.48'
L4
S74'31'24V
985.32'
L8
S75'13'18'E
736.60'
P.O.R.
SECTJON 72, BL OCK S
w T. 7- R R. CO. SURVEY
N ABSTRACT A/O. f382
a, LUBBOCKCOUA/TY, TEXAS
CCN TRACT NO. 3
PAUL D. & NANCY J. KITCHENS W
VOLUME 6912. PAGE 307 O 00 L7
O.R.P.R.L.C.T. = f�
LEGEND
0
O.P.R.L.C.T.
O.R.P.R.L.C.T.
P.O.B.
P.O.R.
A
0
PARENT TRACT MAP &
LOCATION OF EASEMENT
(NOT TO SCALE)
FARM -TO -MARKET HIGHWAY NO. 1585
(80' RIGHT-OF-WAY EASEMENT)
P.O.R. -----_
L�
L3
r to
L4PROPOSED 175' L2
WIDE TRANSMISSION
LINE EASEMENT
10.865 ACRES
(473,274 S.F.)
(J=2,704.42' - — —
I w
N 5
o Ky
0 CCN TRACT NO. 2 N 12' B5U�,43s3/x'A5
CITY OF LUBBOCK IOCO. O, G
ZDOCUMENTO.P.R.LC.080385B4 5j TB R GQV .rv`
I 0 a IL3oGK
LLJL
CCN NUMBER
OFFICIAL PUBLIC RECORDS
LUBBOCK COUNTY, TEXAS
OFFICIAL REAL PROPERTY RECORDS
LUBBOCK COUNTY, TEXAS
POINT OF BEGINNING
POINT OF REFERENCE
CALCULATED POINT
RAILROAD SPIKE FOUND
1-INCH NAIL FOUND
— — — — — PROPOSED EASEMENT
— - — PROPOSED EASEMENT CENTERLINE
---- APPROXIMATE LOCATION
OF ABSTRACT LINE
PROPERTY LINE
— — — — — EXISTING EASEMENT
REGISTERED PROFESSIONAL LAND ( \
SURVEYOR NO. 6396, STATE OF TEXA5'-
TEXAS FIRM REGISTRATION NO. 10064300
NOTES:
W -
CCN TRACT N0. 1
'0BEC
RONALD B. BECKER
KER FARMS
r%1
VOLUME 5323. PAGE 90
O "
TRACT
r
P O & O.R.P.R.LC.T.
Z
GRID COORDINATES
N:7234745.17
a EH176595.88
1. BASIS OF BEARINGS DERIVED FROM THE TEXAS COORDINATE SYSTEM OF 1983, NAD 83
(2011), NORTH CENTRAL ZONE (4202). THE DISTANCES ARE ADJUSTED TO SURFACE USING
A COMBINED SCALE FACTOR OF 1.00025645050192. ALL COORDINATES SHOWN ARE GRID
VALUES.
2. DESCRIPTION OF EVEN DATE ACCOMPANIES THIS SKETCH.
3. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE CERTIFICATE.
4. THIS EXHIBIT DOES NOT REFLECT ANY UNDERGROUND UTILITIES, EASEMENTS OF
RECORD OR OTHER ENCUMBRANCES THAT MAY AFFECTTHE SUBTECTTRACT.
ONCOR ELECTRIC DELIVERY
10.865 ACRES OR 473,274 SQUARE FEET
345 KV TRANSMISSION LINE EASEMENT
FIDDLEWOOD (NEW OUVER) - FARMLAND 345 KV LINE
SECTION 72, BLOCK S, T.T. R.R. CO. SURVEY
ABSTRACT NO 1382
SHEET 02 OF02
ONCpR
FILED AND RECORDED
OFFICIgL PUBLIC RECORDS
L
Kelly Pinion County Clerk
Lubbock County TEXAS
02/03/2021 MU PM
2021005634