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HomeMy WebLinkAboutResolution - 2000-R0371 - Agreement - Concho Resources Inc.- East-West Freeway Railroad Relocation Program - 10/12/2000Resolution No. 2000-R 0371 October 12, 2000 Item No. 52 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, Concho Resources, Inc. owns certain oil and/or gas operating facilities located upon or under Railroad Parcel IRR37, lands more particularly described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated April 4, 1966, by and between McMenamy et al, Lessor and Pan American Corporation, Lessee, and assigned to Concho Resources, Inc. in Volume 5606, Page 315, of the official Real Property Records of Lubbock County, Texas, dated September 25, 1997; 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 Concho Resources, Inc. relocate the oil and/or gas operating facilities to a location previously agreed upon, 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 Concho Resources, Inc. to relocate certain oil and/or gas operating facilities on IRR -37 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 12th Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right--of-wa Agent ccdocs/IRR-37 Concho.res October 3, 2000 day of October , 2000. Y SITT N, MAY6R APPROVED AS TO FORM: Linda Chamales, Supervising Attorney Resolution No. 2000-RO371 WILSON SURVEYING CO., INC. � Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW MEXICO - ARIZONA - NEVADA - UTAH Resolution No. 6575 Oct_ 28, 1999 Item No. 18 County: Lubbock Account No: 8005-1-20 CS -T No: 0380-01-053 Highway No: U.S. 82 (Railroad Relocation) Parcel No: IRR37 Grantor: Western Commercial Ltd. EXHIB 1T "A" Being L 19 hectares (2.94 acres) of land out of 160 acres (deed call), the West 1/2 of the West 1/2 of Section No. 30, Block J -S, E.L. & R.R. Ry. Co., John Wolffarth, O iginal Grantee, Certificate No. 1267, Abstract No. 910, Patent No, 49, Volume 22A, dated March 5, 1924, Lubbock County, Texas, said 160 acre tract of land was conveyed by deed dated June 12, 1992 by James T. McMenamy and Alice B. McMenamv to Western Commercial Ltd. and recorded in Volume 3901, Page 6, of the Deed Records of Lubbock County, Texas, which said 1. 19 hectares (2.94 acres) is more particularly described as follows; BEGINNING at a 1/2" Iron Rod with Cap, set in the East Right -of -Way line of F.M. 179 and in the proposed North Railroad Right -of -Way line, for the Northwest and beginning corner of this Parcel, whence the Northwest corner of Section 30, Block J -S, bears North 02°14'59" East, 805.061 meters (2641.27 feet) and North 87°41' l 4" West, 12.192 meters ( 40.00 feet) ; (ll) THENCE South 87°29'21" East, along the proposed North Railroad Right -of -Way line, a distance of 390.230 meters (1280.28 feet) to a'/" Iron Rod with Cap, set in the East line of said 160 acre tract of land and in the proposed North Railroad Right -of -Way line, for the Northeast corner of this parcel; (2) THENCE South 02°15'10" West, along the East line of said 150 acre tract of land, a distance of 30.480 meters (100.00 feet) to a '/z" Iron Rod with Cap, set in the East line of said 160 acre tract of land and in the proposed South Railroad Right -of --Way line, for the Southeast corner of this parcel; PARI RR37DOC (806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413 r . WILSON SURVEYING CO., INC. Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS • NEW MEXICO . ARIZONA - NEVADA • UTAH (3) THENCE North 87029'2 I" West, along; the proposed South Railroad Right -of -Way line, a distance of 390.230 meters (1280.28 feet), to a �/" Iron Rod with Cap, set in the East Right -of - Way line of F.M. 179 and in the proposed South Railroad Right -of -Way line, for the Southwest corner of this parcel; (4) THENCE North 02'14'59" East, along the East Right -of -Way line of F.M. 179, a distance of 30.480 meters (100.00 feet) to the P.O.B. A plat of even survey date herewith accompanies this legal description SURVEYED ON THE GROUND OCTOBER ,1998 REGISTERED PROJESSIONAL LANDL SURVEYOR "•GARY D. WILSON 4239 +T p q?T•'_ ••�. may• Note: English units are provided for information only. PAR.IRR37.DOC 2 (806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 2.01 - Lubbock, Texas 79413 Resolution No. 2000-RO371 October 12, 2000 Item No. 52 AGREEMENT TO LOWER AND ENCASE OIL PIPELINE This agreement is between the City of Lubbock, Texas, a home rule municipality, (hereinafter called "City") and Concho Resources, Inc., Suite 410, 110 W. Louisiana, Midland, Texas (hereinafter called "Concho"). 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, Concho Resources, Inc. owns certain oil and/or gas operating facilities located upon or under Railroad Parcel 1RR37, 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 April 4, 1966, by and between McMenamy et al, Lessor and Pan American Corporation, Lessee, and recorded in Volume 33, Page 97, of the Oil & Gas Records of Lubbock County, Texas, and assigned to Concho Resources Inc. in Volume 5606, Page 315, of the Official Real Property Records of Lubbock County, Texas, dated September 25, 1997; and WHEREAS, the proposed railroad right-of-way crosses two of Concha's existing underground oil pipelines which transport oil from two wells located approximately 500 feet south of the proposed railroad to storage tanks located on the northern portion of the adjacent farm to the west; 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 Concho Resources, 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: City will pay to Concho the sum of four thousand eight hundred dollars ($4,800.00) for costs incurred in lowering and encasing the underground pipeline located upon or under Railroad Parcel 1RR37, the lands described in Exhibit "A" to a depth of approximately four feet and to install an additional conduit or encasing underneath the railroad tract adjacent each existing pipeline for future oil pipelines. 2. Concho will, at its sole expense, lower and encase the underground pipeline under Railroad Parcel 1RR37, the lands described in Exhibit "A" and install the additional conduit adjacent to the existing pipeline in accordance with applicable pipeline industry and railroad industry specifications. 3. Concho 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 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 City. The parties hereto have executed this Agreement in duplicate this 12th day of October , 2000. Fro ;PrAa R I::•• �t OWN• ATTEST:. e - 1, City Secretary APPROVED AS TO CONTENT Ed Bucy, Right of W Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney LC/l RR -37 Agreement October 3, 2000 CONCHO RESOURCES, INC.