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HomeMy WebLinkAboutResolution - 2000-R0373 - Agreement - Texland Petroleum Inc.- Relocate Oil/Gas Operating Faciliries 1RR-46 - 10/12/2000Resolution No. 2000-RO373 October 12, 2000 Item No. 53 M19101KO 1 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, Texland Petroleum, Inc. owns certain oil and/or gas operating facilities located upon or under Railroad Parcel 1RR46, lands more particularly described on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated November 11, 1977, by and between Stokes, Lessor and Texas Pacific Oil Company, Inc., Lessee, and recorded in Volume 42, Page 616, of the Oil and Gas Records of Lubbock County, Texas; and assigned to Texland Petroleum recorded in Volume 1723, Page 896, of the Property Records of Lubbock County, Texas; 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 Texland Petroleum, 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 Texland Petroleum, Inc. to relocate certain oil and/or gas operating facilities on IRR -46 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. WINDY S TON, MA OR AT ST: aythiarnell, City Secretary APPROVED AS TO CONTENT: Ed Bucy, Right—of- ay Agent ccdocs/1RR46 Texiand Res October 3, 2000 APPROVED AS TO FORM: Linda Chamales, Supervising Attorney Resolution No. 2000-R 037 3 October 12, 2000 Item No. 53 AGREEMENT TO LOWER AND ENCASE OIL PIPELINE This agreement is between the City of Lubbock, Texas, a home rule municipality, (hereinafter called "City") and Tcxland Petroleum, Inc., P.O. Box 1177, Levelland, Texas 79336 (hereinafter called "Texland"). 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, Texland Petroleum, Inc. owns certain oil and/or gas operating facilities located upon or under Railroad Parcel 1RR 46, 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 November 11, 1977, by and between Stokes, Lessor and Texas Pacific Oil Company, Inc., Lessee, and recorded in Volume 42, Page 616, of the Oil and Gas Records of Lubbock County, Texas, and assigned to Texland Petroleum and recorded in Volume 1723, Page 896, of the Property Records of Lubbock County, Texas; and WHEREAS, the proposed railroad right-of-way crosses one of Texland's existing underground pipelines located along the western portion of the 140 acres; the pipeline transports water from an irrigation well located along the southwest corner of the farm north to an injection well located north of the railroad track 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 Texland Petroleum, 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 Texland the sum of two thousand seven hundred ninety-three dollars ($2,793.00) to defray costs incurred in lowering and encasing the underground pipeline located upon or under Railroad Parcel IRR46, the lands described in Exhibit "A" to a depth of approximately four feet. 2. Texland will perform the following construction at Texland's sole expense: Lower and encase the underground pipeline under Railroad Parcel 1RR46, the lands described in Exhibit "A" g 3. Texland 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. EST: ayt Darnell, City Secretary APPROVED AS TO CONTENT Ed Bucy, Right of Wa Agent APPROVED AS TO FORM: Linda Chamales, Supervising Attorney LC /cityatt/]RR 46 Agreement October 3, 2000 PRESIDENT & CHIEF EXECUTIVE OFFICER Resolution No. 2000-R 0373 . 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: 1RR46 Grantor: W.A. Stokes EXHIBIT "A" Being 1.25 hectares (3.09 acres) out of a 140.2 acre tract of land, more or less, out of the East '/2 of Section 23, Block J -S, E.L.& R.R. RR_ Co. Survey, Abstract 345, Lubbock County, Texas, described by metes and bounds in Volume 246, Page 485 of the Deed Records of Lubbock County, Texas, said tract of land was conveyed by deed dated January 20, 1941 by G.C. Jordan and wife, Ada Jordan to W.A. Stokes and recorded in Volume 246, page 485 of the Deed Records of Lubbock County, Texas, which said 1.25 hectares (3.09 acres) is more particularly described as follows; BEGINNING at a 1/2" Iron Rod with Cap, set in the East line of said tract of land out of the East %z of Section 23, Block J -S and in the proposed Southerly Railroad Right -of -Way line, for the Southeast and beginning corner of this parcel, whence the Southwest corner of Section 23, Block J -S, bears South 02°23'53" West, 679.932 meters (2230.74 feet) and North 87035'06" West, 1206.282 meters (3957.61 feet); (1) THENCE North 74"26'14" West, along the proposed Southerly Railroad Right -of -Way line, a distance of 268.458 meters (880.77 feet) to a'/" Iron Rod with Cap, set in the proposed Southerly Railroad Right -of -Way line, for a corner. of this parcel; (2) THENCE Northwesterly, along the arc of a curve to the left and the proposed Southerly Railroad Right -of -Way line, an are distance of 125.667 meters (412.29 feet), to a 1/2" Iron Rod with Cap, set in the proposed Southerly Railroad Right -of -Way line, for a corner of this parcel, said curve has a radius of 551.646 meters (1809.86 feet) and a chord that bears North 80°5747" West, 125.395 meters (411.40 feet); PAR1RR46.D0C (806) 792-4731 - Fax (806) 792-1646 - 3330 70th Street, Suite 201 • Lubbock, Texas 79413 F- . WILSON SURVEYING CO., INC. � Registered Professional Land Surveyors Global Positioning System Surveyors TEXAS - NEW MEXICO - ARIZONA - NEVADA • UTAH (3) THENCE North 87°29'21" West, along the proposed Southerly Railroad Right -of -Way line, a distance of 16.760 meters (54.99 feet), to a'/" Iron Rod with Cap, set in the West line of said tract of land out of the East V of Section 23, Bloch J -S and in the proposed Southerly Railroad Right -of -Way Iine, for the Southwest corner of this parcel; (4) THENCE North 02°22'28" East, along the West line of said tract of land out of the East '/z of Section 23, Block J -S, a distance of 30.480 meters (100.00 feet), to a %" Iron Rod with Cap, set in the West line of said tract of land out of the East '/2 of Section 23, Block J -S and in the proposed Northerly Railroad Right -of -Way line, for the Northwest corner of this parcel; (5) THENCE South 87°29'21" East, along the proposed Northerly Railroad Right -of -Way line, a distance of 16.833 meters (55.23 feet), to a %" Iron Rod with Cap, set in the proposed Northerly Railroad Right -of -Way line, for corner of this parcel; (6) THENCE Southeasterly, along the arc of a curve to the right and the proposed Northerly Railroad Right -of -Way line, an arc distance of 132.610 meters (435.07 feet), to a '/;" Iron Rod with Cap, set in the proposed Northerly Railroad Right -of -Way line, for a corner of this parcel, said curve has a radius of 582.126 meters (1909.86 feet) and a chord that bears South 80°57'47" East, 132.323 meters (434.13 feet); (7) THENCE South 74'26'14" East, along the proposed Northerly Railroad Right -of -Way line, a distance of 261.329 meters (857.38 feet), to a '/i" Iron Rod with Cap, set in the East line of said tract of land out of the East '/2 of Section 23, Block J -S and in the proposed Northerly Railroad Right -of -Way line, for the Northeast corner of this parcel; (8) THENCE South 02°23'53" West, along the East line of said tract of land out of the East '/a of Section 23, Block J -S, a distance of 31.303 meters (102.70 feet), to the P.O.B. A plat of even survey date herewith accompanies this legal description. SURVEYED ON THE GROUND OCTOBER ,199$+ GAFiY 0. WILSON 'a ....................... 4239 REGISTERED PRO SIGNAL LAND SURVEYOR - _? Note: English units are provided for information only. PAR1RR46. DOC 2 (806) 792-4731 • Fax (806) 792-1846 - 3330 70th Street, Suite 201 • Lubbock, Texas 79413 Larry Hertel, City Engineer Agenda Items and Comments - City Council Meeting for October 12, 2000 Page 14 CITY OF LUBBOCK AGENDA ITEM SUMMARY ITEM #!SUBJECT # Consider two resolutions authorizing the Mayor to execute two agreements with Texland Petroleum for oil operating facilities adjustment or relocation in conjunction with the East-West Freeway Railroad Relocation Project (north of Kent Street, west of North Frankford Avenue). BACKGROUNDIDISCUSSION: Texland Petroleum of Fort Worth has a fresh water flow line and an oil well to be abandoned that the soon to be constructed railroad will cross on parcels 1 RR 46 and 1 RR 48. Both of these parcels are just north of Kent Street and west of North Frankford Avenue. Texland Petroleum has given the City their relocation adjustment or removal costs for these utility adjustments and the City had an appraiser, Jim Bowman MAI, review these costs. Mr. Bowman reviewed these costs with other oil field representatives to determine if these estimates are within the market. The approved cost for utility adjustment on parcel 1 RR 46 is $2,793.00. The approved cost for the utility adjustment/well abandonment is $12,716.60 on Parcel 1 RR 48. Therefore, our total offer to Texland is $15,509.60. These two agreements state exactly what Texland will do on each parcel and for this approved amount of money. SUMMARY/RECOMMENDATION: The Right -of -Way Department recommends the approval of our agreement with Texland Petroleum.