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Home My WebLink AboutResolution - 2021-R0023 - Temporary Construction Easement Oncor, Hancock Land Application SiteResolution No. 2021-R0023 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 theTemporary 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 Hancock Land Application Site. Passed by the City Council this 12th day of January, 2021. DANIEL M. POPE, M)kYOR ATTEST: City S cretary APPROVED AS TO CONTENT: David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Je n ith LP&L General Counsel Resolution No. 2021-R0023 2021008653 7 RGS EASE U)u-� ob TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LYNN § 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 Lynn, 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 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 2021. 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 n- Jomkk 2024, by Daniel M. Pope, Mayor of the City of Lubbock, Texas, a Texas home rule unicipal corporation, on behalf of said municipal corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ^ir,,u� , A. D. 202 \ . 111AAA4 Q w^o JIMMY D. MAYNARD Not 1'c m d for the State o NotaryPubli ,M&ateofTexas Notary IDk 13229477.4 My Commission Expires 12.27.2023 Grantee: (?ncor Electric Delivery Company LLC P. E. STATE OF TEXAS COUNTY OF GYn ee BEFORE ME, the undersigned authority, on this day personally appeared l C.• AIVAR e Z- P.Z , as the 6%//p v e,sy - ru f- of �.t;„LCD e�•>~� o ,,, _ eZ4W.,., // r , known to me to be the person whose name is subscribed to the foregoing inArunfent and 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. 20,20. RITA CAVANESS Notary Public Notary Public in and for the State of Texas STATE OF TEXAS ';,;n2 ID#7306284 Mv Comm. Ex , June 25. 2022 ONCOR ELECTRIC DELIVERY 53356-ESMT-CCN 34_RI FIDDLEWOOD (NEW OLIVER) - FARMLAND 345 KV LINE SAM JOB NO. 53356 345 KV TRANSMISSION LINE EASEMENT SHEET 02 OF 03 CCN NO.34 - THE CITY OF LUBBOCK EASEMENT NO. E-301056 EXHIBIT `A' CCN NO.34 - THE CITY OF LUBBOCK 9.314 ACRES OR 405,707 SQUARE FEET 175 FOOT WIDE TRANSMISSION LINE EASEMENT THENCE CROSSING SAID CITY OF LUBBOCK TRACT, THE FOLLOWING THREE (3) COURSES AND DISTANCES: NORTH 01 DEGREES 42 MINUTES 16 SECONDS EAST, A DISTANCE OF 318.63 FEET TO A CALCULATED POINT: NORTH 13 DEGREES 44 MINUTES 31 SECONDS WEST, A DISTANCE OF 1,873.42 FEET TO A CALCULATED POINT; NORTH 01 DEGREES 42 MINUTES 34 SECONDS EAST, A DISTANCE OF 126.37 FEET TO A CALCULATED POINT IN THE NORTH LINE OF SAID CITY OF LUBBOCK TRACT; THENCE SOUTH 88 DEGREES 15 MINUTES 44 SECONDS EAST, WITH THE NORTH LINE OF SAID CITY OF LUBBOCK TRACT, A DISTANCE OF 175.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 405,707 SQUARE FEET OR 9.314 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. OF l U., KYLE T. GARNER 12-17-2020 -� 6704 �. VE GARNER y2 �Fess� o?yo REGISTERED PROFESSIONAL LAND SURVEYOR NO.6704, STATE OF TEXAS S U Rv TEXAS FIRM REGISTRATION NO. 10064300 DATE: 12/17/2020 IlsaminclDAL\PROJECTS1102005335611001Survey107Descriptions153356-ESMT-CCN 34 RI.docx GRAPHIC SCALE 0 300 600 1200 (IN FEET) 1 INCH =600 FT 14 0 0 N Z ^� wog 00�'OJ 4OZ�O ohm= -4 R� j 4 I 2 LEGEND I EXHIBIT 'B' E-301056 LEAGUE2 WILSON COUNTYSCHOOL LAND SURVEY ABSTRACT N0.191 LYNN COUNTY, TEXAS CCN TRACT NO. 33 NORMA JEAN KITTEN AND FRANK IN KITTEN VOLUME 447, PAGE 791 O.P.R.LC.T. COUNTY ROAD NO. 7 LEAGUE3 WILSON COUNTY SCHOOL LAND SURVEY ABSTRACT NO. 112 LYNN COUNTY. TEXAS LINE TABLE NUMBER BEARING DISTANCE L1 SO1'42'34'W 102.54' L2 S13'44'31"E 1873.41' L3 S01'42'16V 342.27' L4 N88'19'35"W 175.00' L5 N01'42'16"E 318.63' L6 N13'44'31'W 1873.42' L7 N01'42'34'E 126.37' L8 S88'15'44'E 175.00' CCN TRACT NO. 35 MELBA JANICE DUBE, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF LEONARD GILBERT DUBE, DECEASED CAUSE NO. 2019PROO13 PROBATE RECORDS L.C.T. BEING DESCRIBED AS TRACT NO. 4 IN LEAGUE VOLUME 57, PAGE 37 O.R.LC.T. OCCN NUMBER D.R.L.C.T. DEED RECORDS LYNN COUNTY, TEXAS O.P.R.L.C.T. OFFICIAL PUBLIC RECORDS LYNN COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.R. POINT OF REFERENCE Q CALCULATED POINT V IRON PIPE FOUND — — — — — PROPOSED EASEMENT - — PROPOSED EASEMENT CENTERLINE --- APPROXIMATE LOCATION OF ABSTRACT LINE PROPERTY LINE PROPOSED 175' WIDE TRANSMISSION LINE EASEMENT 9.314 ACRES (405,707 S.F.) q=2,318.32' PARENT TRACT MAP & LOCATION OF EASEMENT (NOT TO SCALE) P.O.B. GRID COORDINATES 4:7184370.37 E:976013.66 CCN TRACT N0. 34 THE CITY OF LUBBOCK, A TEXAS HOME RULE MUNICIPAL CORPORATION VOLUME 327, PAGE 624 TRACT 3 IN LEAGUE 3 OF EXHIBIT "A' O.P.R.L.C.T. J L4 ri1 OF /� P� G 1FR o 9n /. -"//��-✓✓L��i12-17-2020 KYLE T. GARNER ) KYLE T. GARNER A6704 Q REGISTERED PROFESSIONAL LAND OF O?' O SURVEYOR NO. 6704, STATE OF TEXAS 9� . fS51,. { TEXAS FIRM REGISTRATION NO. 10064300 S U RVf NOTES: 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 ACCOMPANIESTHIS 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 AFFECT THE SUBJECT TRACT. tu: FIUULtWUUU (NEW ULIV[KJ-rnKNlwNIJ ONCOR ELECTRIC DELIVERY 9.314 ACRES OR 405,707 SQUARE FEET 345KV TRANSMISSION LINE EASEMENT FIDDLEWOOD (NEW OLIVER) - FARMLAND 345 KV LINE LEAGUE 3, WIL50N COUNTY SCHOOL LAND SURVEY ABSTRACT NO. 112 NUMBER: 53356 DATE: 12/17 2020 SCALE: 1 "=600' CCN NO.: 34 SHEET 03 OF 03 FILED AND RECORDED OFFICIgL PUBLIC RECORDS 1 � Kelly Pinion County Clerk Lubbock County TEXAS 02/03/2021 04:16 PM 2021003653