HomeMy WebLinkAboutResolution - 2000-R0401 - Right Of Way Offer - MT Stanton - East-West Freeway Railroad Relocation - 11/07/2000Resolution No. 2000-R 0401
November 7, 2000
Item No. 31
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 IRR40X, 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 owner of the above-described interest in land, Texas Energy Sources,
Inc., BE offered through the Right -of -Way Department of the City of Lubbock,
$57,400.00, which is the amount appraised as the cost to flare the tank battery on the
above described Railroad Parcel 1RR40X and total damages thereto, for the use and
benefit of the City of Lubbock, Texas, for the East-West Freeway Railroad Relocation
Project; and
unless accepted 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 2000.
401 IA —
WINDY SIT N, MAYOR
ATTEST:
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Kayt Y �' hi Darnell, Cit Secret c
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Ed Bucy, Right—of-way Agent Linda Chamales, Supervising Attorney
lc:/ccdocs/eityatti1RR44X-Tanarack#2.res
October 25, 2000
Resolution No. 2000-R oil
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: IRR40)(
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 Lix 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. 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 toe Stanton and Jay Hardy Stanton and recorded in Volume 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;
BEGE*4 ING at a t/2" 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 comer 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'/2" 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 - 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 IS, 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 IS, for the Southeast corner of this
parcel;
(3) THENCE North 87029'21" West, along the proposed South Railroad Right -of -Way line,
a distance of 815.674 meters (2676.09 feet), to a '/2" 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 01049'31" East, along the West line of said Section 29, Block IS, 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. PA.R1RR40.D0C
E
(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 9
CITY OF LUBBOCK
AGENDA ITEM SUMMARY
ITEM #/SUBJECT
# Consider two resolutions authorizing the Right -of -Way Department to make
an offer to Texas Energy Sources, 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:
Texas Energy Sources, Inc. of Midland has an underground flow line and an oil
tank battery that needs a flare system to burn excess gas that the soon to be
constructed railroad will cross on Parcels 1 RR40X and 1 RR41X. Both of these
parcels are just north of Kent Street and east of FM 179. Texas Energy
Sources, Inc. has given the City their relocation cost for this adjustment work and
the City had an appraiser, Jim Bowman, MAI, review their costs. Mr. Bowman
reviewed these costs with other oil field services companies to determine if these
estimates are within the market.
Texas Energy Sources, Inc. submitted an estimate of $57,000 to replace their
flow line on Parcel 1 RR41X. However, Mr. Bowman visited with these other
service companies and determined that instead of replacing the entire flow line,
300 -foot of it could be replaced, lowered, and encased at a smaller cost. After
obtaining estimates, he determined a cost of $13,550 to perform this work. The
railroad is crossing between two tank batteries where oil is stored and unburned
hydrogen sulfide gas is often present. At first, Texas Energy Sources wanted
the City to move each of the tank batteries further away from the railroad right-of-
way to prevent any possible ignition of these gasses but settled on installing a
flame system on each of the tank batteries. One tank battery is 175 feet north of
the row and the other tank battery is 535 feet south of the railroad row. Texas
Energy Sources prepared a cost to install a flare system on the north tank
battery at $133,975 and a cost of $129,345 to install a flare system on the south
tank battery. The City's appraiser, Jim Bowman, visited with the Texas Railroad
Commission (TRC) regarding the installation of these flare systems on the two
tank batteries. According to the TRC, only the tank battery on the north side
should be flared because of its proximity to the railroad right-of-way
Larry Hertel, City Engineer
Agenda Items and Comments — City Council Meeting for November 7, 2000
Page 10
Mr. Bowman then obtained estimates on installing a flare system on this north
tank battery and determined a cost of $57,400 to install a flare system on this
north tank battery and left the south tank battery as is.
Therefore, our total offer to Texas Energy Sources is $70,950.00. These two
resolutions state exactly what Texas Energy Sources will do on each parcel and
for this approved amount of money. 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
Texas Energy Sources, Inc.
Ed Bucy
Right -of Way Agent