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Home My WebLink AboutResolution - 2000-R0372 - Agreement - Concho Resources Inc.- Relocate Oil/Gas Operations On 1RR-39 - 10/12/2000Resolution No- 2000-R 0372 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 1RR39, 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 recorded in Volume 33, Page 97, of the Oil and 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 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 -39 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 day of October , 2000. NrAEST: ( " -" Kayt t Darnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right—of--way k9ent ccdocs/ I RR -34 Conehoses October 3, 2000 • ErWA—K • APPROVED AS TO FORM: Linda Chamales, Supervising Attorney Resolution No. 2000—RO372 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: 1 RR' Grantor: James McMenamy and wife, Alice Hamilton McMenamy EXHIBIT "A" Being 2.49 hectares (6,15 acres) of land out of the East one-half (E/2) of Section 30, Block JS, E.L. & R.R. RR Co. Survey, Certificate No. 1267, Lubbock County, Texas, save and except the South 120 acres thereof, as recorded in Volume 3901, Page 6, of the Deed Records of Lubbock County, Texas, said East one-half (E/2) of Section 30, Block JS, was conveyed by deed dated January 4, 1962 by C.L. Bryan and wife, Betsy G. Bryan, to James McMenamy and wife, Alice Hamilton McMenamy and recorded in Volume 871, Page 645 of the Deed Records of Lubbock County, Texas, which said 2.49 hectares (6.15 acres) is more particularly described as follows; >BEGTVt NTNG at a %z" Iron Rod with Cap, set in the East line of said Section 30, Block JS and in the proposed North Railroad Right -of -Way line, for the Northeast and beginning corner of this parcel, whence the Northeast corner of said Section 30, Block JS, bears North 01°49'31" East, 810.651 meters (2659.61 feet) ; (1) THENCE South 01°49'31" West, along the East line of said Section 30, Block JS, a distance of 30.483 meters (100.01 feet) to a Yz" Iron Rod with Cap, set in the East line of said Section 30, Block JS, and in the proposed South Railroad Right -of -Way line for the Southeast corner of this parcel; (2) THENCE North 87°29'21" West, along the South Railroad Right -of -Way line, a distance of 816.250 meters (2677.98 feet), to a Iron Rod with Cap, set in the West line of the East fz of said Section 30, Block JS, for the Southwest corner of this parcel; PARIRR39.DQC (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 (3) THENCE North 02°15'22" East, along the West line of the East '/z of said Section 30, Block JS, a distance of 30.480 meters,( 100.00 feet), to a k°/a" Iron Rod with Cap, set in the West line of the East % ofsaid Section 30, Block .IS and in the proposed North Railroad Right -of -Way line, for the Northwest corner of this parcel; (4) THENCE South 87°29'21" East, along the proposed North Railroad Right -of -Way line, a distance of 815.021 meters (2677.23) feet to the P-O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER, 1998 aAri-Y `1).'NILSON'• 4239 REGISTERED P FESSIONAL LAND SURVEYOR raZl?�� Note: English units are provided for information only. I PARI RR39.DOC (806) 792-4731 -'Fax (806) 792-1646 - 3330 70th Street, Suite 201 - Lubbock, Texas 79413 Resolution No. 2000-RO372 October 12, 2000 Item No. 52 AGREEMENT TO LOWER AND ENCASE OIL PIPELINE AND TO CONSTRUCT NEW ACCESS ROAD This agreement is between the City of Lubbock, Texas, a home rule municipality, (hereinafter called "City") and Concha 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 IRR 39, 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 McMeanamy et al, Lessor and Pan American Corporation, Lessee, and recorded in Volume 33, Page 97, of the Oil and 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 Septemer 25, 1997; and WHEREAS, the proposed railroad right-of-way crosses two of Concho'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 railroad will eliminate the route to the vilest oil well currently accessed by a caliche covered road extending from other oil wells located north of the railroad tract; 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: 1. City will pay to Concho the sum of fifteen thousand two hundred twenty dollars ($15,220.00) to defray costs incurred constructing 1500 feet of new road and in lowering and encasing the underground pipeline located upon or under Railroad Parcel IRR39, 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 the existing pipeline for future oil pipelines. 2. Concho will perform the following construction at Concho's sole expense: Resolution No. 2000-RO372 October 12, 2000 Item No. 52 a. Construct 1500 feet of new road on Railroad Parcel 1RR39, the lands described in Exhibit "A" to provide access to the west oil well; and b. Lower and encase the underground pipeline under Railroad Parcel 1RR39, the lands described in Exhibit "A" and install the additional conduit adjacent to each 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. T EST: ayt'Darnell, City Secretary APPROVED AS TO CONTENT Ed Bucy, Right of %y Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney LC:/cityatt/IRR-39 Agreement October 3, 2000 CONCHO C.