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Home My WebLink AboutResolution - 2000-R0400 - Right Of Way Offer - MT Stanton - East-West Freeway Relocation - 11/07/2000-7 Resolution No. 2000-RO400 November 7, 2000 Item. No. 30 I 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, Tamarack Petroleum Company, Inc, owns certain oil pipelines located upon or under Railroad Parcel 1RR40X, lands more particularly described on Exhibit `iA', 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 owner of the above-described interest in land, Tamarack Petroleum Company, Inc., BE offered through the Right -of -Way Department of the City of Lubbock $11,420.00, which is the amount appraised as the cost to lower and encase 300 feet of flow line on the above described Railroad Parcel 1RR40X and total damages, including all legal obligations attached thereto, for the use and benefit of the City of Lubbock, Texas, for the East-West Freeway Railroad Reiocation Project; and unless accepted � � r forthwith, the City Attorney of said City of Lubbock is hereby authorized and instructed to institute condemnation (eminent domain) proceedings to acquire the necessary property interests in such parcels as hereinabove described for public purposes and municipal purposes. Passed by the City Council this 7th day of November L20 0. 'WINDY SITTO M ATTEST: Kaythie amell, City Secretary UI APPROVED AS TO CONTENT: Ed Bucy, Right -of -Way Alfent iciccdocs/cityattl l RR40X-Tamarack# l .res October 25, 2000 Linda Chamales, Supervising Attorney Resolution No. 2000—R04 WILSON SURVEYING CO., INC . Registered Professional Land Surveyors 2 Global Positioning System Surveyors TEXAS • NEW MEXICO - ARIZONA - NEVADA - UTAH County: Lubbock .account No: 8005-1-20 CS.J No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: 1 RR40 X 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 Jav 14, Stanton et ux Pat Stanton EXHI=BIT "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. &c R.R. RR. 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 Voiume 1846, 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 Hardy 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 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 87°29'21" East, along the proposed North Railroad Right -of -Way line, a distance of 815.677 meters (2676.10 feet) to a Yz" 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 -1 WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW'MEXICO - ARIZONA - NEVADA - UTAH (2) THENCE South 01°49'47" 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 %" Iron Rod with Cap, set in the East line of the West %2 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 tine, 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 comer 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.Q.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER ,1998 ••, .... P [).i WILSON GAR 'tt\ } ..4239 ": ¢ ,fri = '-ss+p� ac �� REGISTERED P FESSIONAL LAND SURVEYOR _,4''•'� 4 - Note: English units are provided for information only. P.4RIRR40.DOC 2 (806) 792-4731 - Fax (806) 792-1646 -3330 70th Street, Suite 201 - Lubbock, Texas 79413 Larry Hertel, City Engineer Agenda Items and Comments — City Council Meeting for November 7, 2000 Page 8 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #/SUBJECT # Consider one resolution authorizing the Right -of -Way Department to make an offer to Tamarack Petroleum Company, Inc. for oil operating facilities adjustment or relocation in conjunction with the East-West Freeway Railroad Relocation Project (north of Kent Street, East of FM 179). BACKGROUND/DISCUSSION: Tamarack Petroleum Company, Inc. of Midland has one flow 'line that the soon to be constructed railroad will cross on parcel 1 RR40. This parcel is just north of !Sent Street and east of FM 179. Tamarack has given the City their relocation cost for this adjustment work and the City had an appraiser, Jim Bowman, MAI, review their cost. Mr. Bowman reviewed these costs with other oil field service companies to determine if this estimate is within the market. Tamarack submitted an estimate of $96,800.00 to replace and lower their flow line. However, Mr. Bowman visited with these other oil field service companies and determined that instead of replacing the entire flow line, 300 feet of it could be replaced, lowered and encased at a much smaller cost. After obtaining estimates, he determined a cost of $11,420.00 to perform this work. Therefore, our offer to Tamarack is $11,420.00. If our offer is refused, this resolution authorizes condemnation proceedings to acquire this property interest. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of our agreement with Tamarack Petroleum Co., Inc.