The URL can be used to link to this page

Home My WebLink AboutResolution - 2001-R0054 - Agreement With Tamarack Petroleum Company, Inc. - 02/22/2001Resolution No. 2001-R0054 February 22, 2001 Item No. 22 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, Tamarack Petroleum Company, Inc. owns certain oil pipelines 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 July 27, 1966, by and between M. T. Stanton et al, and Tamarack Petroleum Company, Inc., Lessee, and recorded in Volume 33, Page 229, of the Oil and Gas Records of Lubbock County, Texas. 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 Tamarack Petroleum Company, 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 Tamarack Petroleum Company, Inc. to relocate certain oil and/or gas operating facilities 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 ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right—of-w Agent gs/ccdocs/1 RR40X Tamarack Petroleum.res Jan. 17, 2001 2001. OKE, MAYOR PRO TEM APPROVED AS TO FORM: Linda Chamales, Supervising Attorney Resolution No. 2001—R0054 February 22, 2001 Item No. 22 AGREEMENT TO RELOCATE, LOWER AND ENCASE OIL PIPELINE This agreement is between the City of Lubbock, Texas. a Home Rule Nlunicipality, (hereinafter called "Cir// and Tamarack Petroleum Company, Inc., 500 West Texas, Suite 1485, Midland, Texas 79701 (hereinafter called -Tamarack's. WHEREAS, the City of Lubbock, Texas, a Home Rule Municipality located in Lubbock County, Texas, has determined and does hereby detemnine that the public needs, safety and welfare demand and create a public necessity for the acquisition of additional land fir municipal public use and purposes, to -wit: for the East-West Freeway Railroad Relocation Project; and WHERE.6S, Tamarack Petroleum Company, 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 July 27, 1966, by and between M. T. Stanton et al, and Tamarack Petroleum Company, Inc., Lessee, and recorded in Volurne 33, Page 229, of the Oil and Gas Records of Lubbock County, Texas. WHEREAS, the proposed railroad right-of-way crosses one of Tamarack's e+cisting underground oil pipelines which transport oil from a well located approximately 300 feet north of the proposed railroad to storage tanks located on the southern portion of the lease property south of the railroad; and W�REAS, the City Council of the City of Lubbock has found that it is in thr public interest and necessary for the public purposes and municipal purposes for the East- West Freeway Relocation Project that Tamarack Petroleum Company, Inc. relocate the oil and/or gas operating facilities to a location previously agreed upon, NOW THEREFORE: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. City will pay to Tamarack the sum of ninety six thousand eight hundred dollars (396,800) for costs incurred relocating, lowering, and encasing the underground pipeU a 'located upon or under Railroad Parcel I.RR40X, the lands described hi Exhibit "A" to a depth below the railroad bed right-of-way of approximately four feet and to install if desired an additional conduit or encasing underneath the railroad tract adjacent each existing pipeline for future oil pipelines. 2. Tamarck will, at its sole expense, relocate, lower, and encase the underground pipeline under Mroad Parcel 1RR40X, the lands described in Exhibit "A'' and install if desired the additional conduit adjacent to the existing pipeline in accordance with applicable pipeline industry and railroad industry specifications. 3. Tamarack further assumes, and agrees to defend, indemnify and hold City harmless from and against all loss, costs, expenses (including artorney fees), claims, suits and to def=d, indemnify and hold City harmless from and against all loss, costs, expenses (including attorney fees), claims, suits and judgments whatsoever in connection with ugury to or death of any person(s) or loss of or damage to any property caused by or in any way connected with the installation or relocation of the pipelines described above except when caused by the sole fault or negligence of Ciry. 4. Construction %Hill be completed by April 1, 2001. The parties hereto have executed this Agreement in duplicate this 1 day of ,7' 2001. •� :l P7 Company, Inc. �i�rBY MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CON?ENr EdBucy, 'Right of Wa ge>at APPROVED AS TO FORM: f Ind -4 Chamales. Supervising Attorney MI WOX Taitww& Pevs+teum Aa=v=t J=w.r.v 17.2001 Resolution No. 2001-R 0054 Kesolution No. 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 CS.I No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel. No: 1RR40X Grantor: Jewell Stanton, Individually and as Trustee of the M.T. Stanton Trust, created under the Last Will and Testament of M.T. Stanton, deceased, and Jay H. Stanton et ux 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 land 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 July 20, 1983 by Glyn Stanton Kirby to Tommy Joe Stanton and Jay Hardy Stanton and recorded in Volume 1.846, Page 249, by deed dated January 3, 1985 by Glyn 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 Hardv 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 41 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; BEGENNING at a 1/Z" Iron Rod with Cap, set in the West line of said Section 29, Block JS 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 JS, bears North 01°49`31" East, 810.651 meters (2659.61 feet) ; (1) THENCE South 87029'21" East, along the proposed North Railroad Right -of -Way line, a distance of 815.677 meters (2676.10 feet) to a %" Iron Rod with Cap, set in the East line of the West 315 acres of said Section 29, Block JS, and in the proposed North Railroad Right -of -Way line for the Northeast corner of this parcel; PARI 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 0104947" West, along the East line of the West 315 acres 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 East line of the West % of said Section 29, Block JS, for the Southeast corner of this parcel; (3) THENCE North 87°29'21" West, along the proposed South Railroad Right -of -Way line, a distance of 815.674 meters (2676.09 feet), to a '/" Iron Rod with Cap, set in the West line of said Section 29, Block JS 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 JS, a distance of 30.483 meters (100.01) feet to the P.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER ,1998 REGISTERED P FESSIONAL LAND SURVEYOR Note: English units are provided for information only. 2 • •GARY 0. WILSON4239 'r c� r PAR1RR40.DOC (806) 792-4731 - Fax (806) 792-1646 -3330 70th Street, Suite 201 - Lubbock, Texas 79413