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Home My WebLink AboutResolution - 2001-R0053 - Agreement With TX Energy Sources, Inc. - 02/22/2001Resolution No. 2001-R 0053 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 interests 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 1RR41X, lands more particularly described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated July 29,1966, by and between McCleary Estate and Tamarack Petroleum, Lessee, and recorded in Volume 33, Page 276, of the Oil and Gas Records of Lubbock County, Texas; and assigned to Texas Energy Sources, Inc., recorded in Volume 2217, Page 214, 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 relocate certain oil and/or gas operating facilities on 1RR41X 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 ATTEST: Rebecca Garza, City Secret APPROVED AS TO CONTENT: Ed Bucy, Right—of--Way A ent gs/ccdocs/1 RR41 X Tex Energy Sources.res Feb. 7, 2001 2001. COOKE, MAYOR PRO TEM APPROVED AS TO FORM: Linda Chamales, Supervising Attorney Resolution No. 2001-R0053 February 22, 2001 Item No. 21 AGREEMENT TO RELOCATE AN OIL TANK BATTERY AND VACATE AN OIL PIPELINE 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 1RR41X, lands more particularly described on Exhibit "A" attached hereto, by virtue of an Oil, Gas and Mineral Lease dated July 29, 1966, by and between McCleary Estate and Tamarack Petroleum, Lessee, and recorded in Volume 33, Page 276, of the Oil and Gas Records of Lubbock County, Texas; and assigned to Texas Energy Sources, Inc. recorded in Volume 2217, Page 214, of the Property Records of Lubbock County, and WHEREAS, the proposed railroad right-of-way crosses Texas Energy's existing underground oil pipeline which transports oil from a well located approximately 1,900 feet north of the proposed railroad to storage tanks located on the southern portion of the lease property south of the railroad right-of-way; 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. relocate the oil and/or gas operating facilities described above to a location previously agreed upon, NOW THEREFORE: IT IS AGREED BY THE PARTIES AS FOLLOWS: City will pay to Texas Energy Sources, Inc. the sum of one hundred twenty seven thousand five dollars ($127,005.00) to defray costs incurred abandoning and removing the underground pipeline located upon or under Railroad Parcel IRR41X, the lands described in Exhibit "A" and to relocate the above referenced tank battery to the oil well site. 2. Texas Energy Sources will perform the following construction at Texas Energy Sources sole expense: a. Abandon, vacate, and remove the underground oil pipeline under Railroad Parcel 1RR41X, the lands described in Exhibit "A" and move and relocate the oil tank battery presently located south of the Railroad Right -of -Way to a location adjacent to the oil well north of the Railroad Right -of -Way. b. Complete the pipeline abandonment by April 1, 2001. 3. Texas Energy Sources, Inc. 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 the removal of the pipeline or relocation of 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 this 2 0 day of , 2001. CITY ATTEST: TEXAS ENERGY SOURCES, INC. By COOKS MAYOR PRO TEM �� S Qag�� 3/�\ /" /�.' "�— Rebecca Garza, City Secretary APPROVED AS TO CONTENT Ed Bucy, Right of W Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney LC:/cityatt/1 RR41 X Agrmt-Relocate&Vacate Feb. 7, 2001 Resolution No. 2001-R 0053 - -. 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: IRR41 X Grantor: Martha Virginia Ferris Sands EXHIBIT "A" Being 2.44 hectares (6.03 acres) of land out of 318.2 acres of land (Deed Call), more or less, a part of Survey No. 29, Block JS, E.L. & R.R. Ry. Co. Survey, Abstract No. 319, Lubbock County, Texas, except 1 8/10 acres of the Southwest .corner, described by metes and bounds in Volume 2630, Page 261, of the Deed Records of Lubbock County, Texas, and save and except a tract of land recorded in Volume 3312, Page 219, Official Real Property Records of Lubbock County, Texas, said 318.2 acres of land was conveyed by deed dated September. 14,1987 by The Martha Virginia Ferris Trust, by and through, Robert M. Ricketts, Trustee, to Martha Virginia Ferris Sands and recorded in Volume 2630, Page 259 of the Deed Records of Lubbock County, Texas, which said 2.44 hectares (6.03 acres) is more particularly described as follows; BEGINNING at a''/z" Iron Rod with Cap, set in the East line of said Section 29, Block JS and in -the proposed North Railroad Right -of -Way line, for the Northeast and beginning corner of this parcel, whence the Northeast corner of said Section 29, Block JS, bears North 02022'42" East, 818.323 meters (2684.78 feet) ; (1) THENCE South 02°22'42" West, along the East line of said Section 29, Block JS, a distance of 30.480 meters (100.00, feet) to a'/Z" Iron Rod with Cap, set in the East line of said Section 29, Block JS, and in the proposed South Railroad Right -of -Way line for the Southeast comer of this parcel, (2) THENCE North 87029'21" West, along the South Railroad Right -of -Way line, a distance of 799.803 meters (2624.02 feet), to a '/z" Iron Rod with Cap, set in the West in of the East '/z of said Section 29, Block JS, for the Southwest corner of this parcel; PAR1RR41.DOC 1 (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 - NEW MEXICO - ARIZONA - NEVADA - UTAH (3) THENCE North 01°49'47" East, along the West line of the East '/2 of said Section 29, Block JS, a distance of 30.483 meters (100.01 feet), to a'/z" Iron Rod with Cap, set in the West line of the East '/z of said Section 29, Block JS and in the proposed North Railroad Right -of -Way line, for the Northwest corner of this parcel; (4) THENCE South 87°29'21" East, along the proposed North Railroad Right -of -Way line, a distance of 800.092 meters (2624.97) feet to the F.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER ,1998,�a 1 .,............IP_BON... - ...... 4239C)X REGISTERED PROFS IONAL LAND SURVE OR.'. Note: English units are provided for information only. PAR1RR41.DOC Fa (806) 792-4731 - Fax (806) 792-1646 -3330 70th Street, Suite 201 - Lubbock, Texas 79413