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HomeMy WebLinkAboutResolution - 2001-R0139 - LP&L Competitive Matters - 04/26/2001,9601 - 20131 RESOLUTIONfAGREEMENT WITH BURLINGTON NORTHERN & SANTA FE RAILWAY COMPANY INVALID See attached explanation (Burlington never signed agreement) .... - Bucy - Resolution No. 20© -RO 39 From: Linda Hart To: Ed Bucy Date: 718101 10:59AM Subject: Resolution No. 2001-RO139 Our records show that the agreement with Resolution No. 2001-R0139 (signed April 26, 2001) is still missing. [Burlington Northern & Santa Fe Railway for property interest in a tract of land needed for the Marsha Sharp Freeway railroad relocation project {north side of US 84 - Clovis Highway, east of North Frankford Ave, Parcel 1 RR62}j Please update our office of the status. Page 1 Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for June 26, 2001 Page 5 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT # Consider a resolution authorizing the Mayor to execute a Letter of Agreement for a Quitclaim Deed with the Burlington Northern and Santa Fe Railway Company for their property interest in a tract of land needed for the Marsha Sharp East-West Freeway Railroad Relocation Project (north side of US 84 (Clovis Highway), east of North Frankford Avenue) Parcel 1 RR 62. BACKGROUND/DISCUSSION: This new railroad will cross the Clovis Highway (US 84) just east of North Frankford Avenue and connect with the existing Burlington Northern Santa Fe (BNSF) Railroad which lies on the north side of US 84. At this location where the railroad crosses US 84, title is being acquired to this portion of US 84. TxDOT acquired this right-of-way through an easement instead of a warranty deed. Fee simple title must now be acquired to these portions of US 84 as part of this railroad project. The City has acquired the south half and to acquire title to the north half, the City's title company is requesting that we obtain a quitclaim deed from BNSF since they are the abutting property owner. This Letter of Agreement between the City and BNSF will transfer this interest that BNSF has in this parcel of property through a Quitclaim Deed to the City and the City will be able to transfer in the near future, this US 84 road crossing area to TxDOT. The cost of this Quitclaim Deed is $2,500. This was originally on the April 26, 2001 City Council meeting and approved as Resolutl t too;.2001-R413°9 in tyre form of a Real Estate Purcha a Safe. A Teement. However, the Railroad has decided not to go with their standard 0 agreement originally submitted since -this property is outside of their railroad right-of-way and will just execute a Quitclaim Deed. SUMMARY/RECOMMENDATION: The Right -of -'Way Department recommends the approval of this Letter of Agreement with the Burlington Northern and Santa Fe Railway Company. Linda Hart - Fwd: Re: Quitclaim Deed for the City of Lubbock Page 1 From: Ed Bucy To: LChamales; LHart Date: 5/29/01 8:44AM Subject: Fwd: Re: Quitclaim Deed for the City of Lubbock This was approved through Resolution No. 2001-R0139 and they lost it. I will put together another set of deeds and pass them around for everyone's signature, including the Mayor. Thanks. Linda Hart - Re: Quitclaim Deed for the City of Lubbock Page 1 From: <GWalter@staubach.com> To: "Ed BUCY" <EBucy@mail.ci.lubbock.tx.us> Date: 5125101 12:02PM Subject: Re: Quitclaim Deed for the City of Lubbock Ed, I have some bad news. I wrote this up for sale and it came back because I was not able to get a Railroad print of the area. The company doing the prints advised they could not do it as the RR showed no ownership. Well I finally got them to do a print and when it came back, I have apparently lost (misfiled) the signed agreements and the check. have looked everywhere and spent 4 hours looking before I contacted you now and cannot find them. Can I send you some more contracts and get another check? I made a copy of the check, so I can tell you the number. My apologies and sorry for the delay, as I looked all over for this. Glen Walter The 5taubach Company 617-230-2623 fax 817-306-6265 COUNCIL DOCUMENTS SUBMITTAL FORM • One submittal form per agenda item + Original retained for permanent file in City Secretary's Department ♦ Furnish additional originals if necessary ♦ One executed copy will be automatically forwarded to the originating department • All blanks should have dollar amounts and effective dates filled in DEPT: `Z' COUNCIL MEETING DATE: CONTACT PERSON: 1__� ef— TELEPHONE EXTENSION # 2- } i �— DOCUMENT DESCRIPTION- I 3o L,1- t`s -4 ARE ALL SIGNATURES IN PLACE ON ALL DOCUMENTS? YES NO c� IF NOT, WHY? t�N5r cJ LL 5,c_,_" / T`i L ,✓ s1G.� t (�ktOPCoV€ ARE ALL CONTRACTS/AGREEMENTS, ETC, ATTACHED? YES t-`�f NO IF NOT, WHY? EFFECTIVE DATE OF DOCUMENTS IF DIFFERENT FROM CC MEETING DATE: DISPOSITION OF ADDITIONAL DOCUMENTS, PLEASE SPECIFY:/Z--i,I PROVIDE APPROPRIATE INFORMATION: RESOLUTION/ORDINANCE ✓ QUANTITY I CONTRACT/AGREEMENT f J QUANTITY OTHER: QUANTITY RUSH executed copies on Council day: AGENDA ITEM # IST READING: 2ND READING: Managing Director/Dept He Signature FOR CITY SECRETARY'S DEPARTMENT USE RESOLUTION NO. ORDINANCE NO. AGENDA ITEM # AGENDA ITEM # DISPOSITION COUNCIL DATE1' COUNCIL DATE. COUNCIL DATE CALLED: INTER -DEPT MAIL: PICKED UP: Resolution No. 2001-R 0134 April 26, 2001 Item No. 18 RESOLUTION 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 a Real Estate Purchase and Sale Agreement between the City of Lubbock and the Burlington Northern and Santa Fe Railway Company, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 26th day of Aril , 20p1. ALEX " TY" COGKE, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way gent APPROVED AS TO FORM: Linda L.Chamales Supervising Attorney gsfccdocs.BurlingtonNorthem&SantaFeAgrmt.res April 4, 2001