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Home My WebLink AboutResolution - 2001-R0052 - Agreement With Texas Energy Sources, Inc. - 02/22/2001Resolution No. 2001-R0052 February 22, 2001 Item No. 21 RESOLUTION WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project; and WHEREAS, Texas Energy Sources, Inc. owns certain oil and/or gas operating facilities located upon or under Railroad Parcel 1RR40X, lands more particularly described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated June 27, 1966, by and between M. T. Stanton et al and Tamarack Petroleum, Inc., Lessee, and recorded in Volume 33, Page 229, of the Oil and Gas Records of Lubbock County, Texas; and assigned to Texas Energy Sources, Inc. recorded in Volume 2262, Page 20, of the Property Records of Lubbock County. WHEREAS, the City Council of the City of Lubbock has found that it is in the public interest and necessary for the public purposes and municipal purposes for the East- West Freeway Relocation Project that Texas Energy Sources, Inc. adapt its oil operations to the proposed railroad track crossing the above described parcel, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an agreement with Texas Energy Sources, Inc. to install a gas flare system at a tank battery on 1RR40X for the East-West Freeway Railroad Relocation Project. Said agreement is attached hereto and incorporated into the minutes of this Council as if fully set forth herein. Passed by the City Council this 22nd day of February � 2001. ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right—of-wa Agent ccdocs/1 RR -40X Texas Energy Sources.res Jan 16, 2001 ALEX "TY" (COOKE, MAYOR PRO TEM APPROVED AS TO FORM: IP Linda Chamales, Supervising Attorney Resolution No. 2001-R0052 February 22, 2001 Item No. 21 AGREEMENT TO INSTALL A GAS FLARE SYSTEM AT A TANK BATTERY This agreement is between the City of Lubbock, Texas, a Home Rule Municipality, (hereinafter called "City") and Texas Energy Sources, Inc., P.O. Box 9515, Midland, Texas 79708 (hereinafter called "Texas Energy"). WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby determine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land for municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project; and WHEREAS, Texas Energy Sources, Inc. owns certain oil and/or gas operating facilities located upon or under Railroad Parcel 1RR40X, lands more particularly described on Exhibit "A" (attached hereto and incorporated herein as if fully set forth), by virtue of an Oil, Gas and Mineral Lease dated June 27, 1966, by and between M. T. Stanton et al and Tamarack Petroleum, Inc., Lessee, and recorded in Volume 33, Page 229, of the Oil and Gas Records of Lubbock County, Texas; and assigned to Texas Energy Sources, Inc. recorded in Volume 2262, Page 20, of the Property Records of Lubbock County, and WHEREAS, the proposed railroad right-of-way crosses one of Texas Energy's existing tank battery locations, the actual tank battery being located approximately 150 feet north of the center of the railroad track; and WHEREAS, due to the tank battery's location near the railroad track, a flare system should be installed to burn the excess gasses off , and WHEREAS, the City Council of the City of Lubbock has found that it is in the public interest and necessary for the public purposes and municipal purposes for the East- West Freeway Relocation Project that Texas Energy Sources, Inc. install a gas flare system on the above referred tank battery, NOW THEREFORE: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. City will pay to Texas Energy Sources, Inc. the sum of one hundred thirty-three thousand nine hundred seventy-five dollars ($133,975.00) to install a gas flare system on the tank battery located north of Railroad Parcel 1RR44X, the lands described in Exhibit "A." 2. Texas Energy will perform the following construction at Texas Energy's sole expense: Install a gas flare system on the tank battery north of Railroad Parcel 1RR40X, the lands described in Exhibit "A." 3. Texas Energy further assumes, and agrees to defend, indemnify and hold City harmless from and against all loss, costs, expenses (including attorney fees), claims, suits and judgments whatsoever in connection with injury to or death of any person(s) or loss of or damage to any property caused by installing a gas flare system on the oil tank battery described above except when caused by the sole fault or negligence of City. The parties hereto have executed this Agreement in duplicate thisd�% day of , 2001. n CITY OF LIU13B C TEXA NERGY SOURCES, INC. /7/ By 7ALEX "K" C( MAYOR PRO TEM ATTEST: kj - ��T --C� - cz, Rebecca Garza, City Secure y APPROVED AS TO CONTENT Ed Bucy, Right of Wy Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney LC:/cityatt/1RR40X Agreement January 17, 2001 Resolution No. 2001-R0052. WILSON SURVEYING CO'., INC . Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH County: Lubbock .account No: 8005-1-20 CSJ No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1RR40X Grantor: Jewell Stanton, Individually and as Trustee of the 'I.T. Stanton Trust, created under the Last Will and Testament of Mi .T. Stanton, deceased, and Jay H. Stanton et Ltr Pat Stanton EXHIBIT "A" Being 2.48 hectares (6.14 acres) of land out of the West 315 acres (Deed Call), of Section 29, Block JS, E.L. & R.R. R.R. Co. Survey, Lubbock County, Texas, said 315 acres of Iand was conveyed by deed dated October 19, 1970 by Glyn Stanton Kirby to Jay Hardy Stanton and recorded in Volume 1248, Page 485, by deed dated Julv 20, 1983 by Glyn Stanton Kirby to Tommy Joe Stanton and Jay Hardy Stanton and recorded in Volume 1846, Page 249, by deed dated January 3, 1985 by GIyn Stanton Kirby to Tommy Joe Stanton and Jay Hardy Stanton and recorded in Volume 1938, Page 118, by deed dated December 21, 1988 by Jewell Stanton to Jay F-:ardv Stanton and recorded in Volume 2980, Page 37, by deed dated December 22, 1992 by Jewell Stanton to Jay H. Stanton and recorded in Volume 4065, Page 245, by deed dated January 4, 1993 by Jewell Stanton to Jay H. Stanton and recorded in Volume 4077, Page 125, by deed dated May 24, 1993 by Jewell Stanton to Jay Hardy Stanton and recorded in Volume 4207, Page 337, by deed dated December 19, 1994 by Darlene Dodd Stanton to Tommy Joe Stanton and recorded in Volume 4779, Page 212, all in the Deed Records of Lubbock County, Texas, which said 2.48 hectares (6.14 acres) is more particularly described as follows; BEGINNING at a'/�" Iron Rod with Cap, set in the West line of said Section 29, Block IS and in the proposed North Railroad Right -of -Way line, for the Northwest and beginning corner of this parcel, whence the Northwest corner of said Section 29, Block IS, bears North 01"49'31." East, 810.651 meters (2659.61 feet) ; (1) THENCE South 87°29'21" East, along the proposed North Railroad Right -of -Way tine, a distance of 815.677 meters (2676.10 feet) to a''/" Iron Rod with Cap, set in the East line of the West 31.5 acres of said Section 29, Block IS, and in the proposed North Railroad Right -of -Way line for the Northeast corner of this parcel; P a R 1 RR40. DOC (806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEWMEXICO • ARIZONA • NEVADA - UTAH (2) THENCE South 01"49'47" West, along the East line of the West 315 acres of said Section 29, Block IS, a distance of 30.483 meters (100.01 feet), to a '/" Iron Rod with Cap, set in the East line of the West % of said Section 29, Block IS, for the Southeast corner of this parcel; (3) THENCE North 87029'2 t" West, along the proposed South Railroad Right -of --Way line, a distance of 81 5.674 meters (2676.09 feet), to a '/" Iron Rod with Cap, set in the West line of said Section 29, Block IS and in the proposed South Railroad Right -of -Way line, for the Southwest corner of this parcel; (4) THENCE North 01'49'31" East, along the West line of said Section 29, Block IS, a distance of 30.483 meters (I00.01) feet to the P.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER ,1998 Or'' 7, ... . :.... ... ?� G Ry SON ..4 ,.P, ; 239 REGISTERED P FESSIONAL LAND SURVEYOR . 4-(27-q(/. Note: English units are provided for information only. PAR1RR40.DOC 2 (806) 792-4731 • Fax (806) 792-1646 •3330 70th Street, Suite 201 - Lubbock, Texas 79413