HomeMy WebLinkAboutResolution - 2000-R0374 - Agreement - Texland Petroleum Inc.- Relocate Oil/Gas Operating Facilities 1RR-48 - 10/12/2000Resolution No. 2000-R0374
October 12, 2000
Item No. 53
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, Texland Petroleum, Inc. owns certain oil and/or gas operating
facilities located upon or under Railroad Parcel 1RR48, lands more particularly described
on Exhibit "A", attached hereto, by virtue of an Oil, Gas and Mineral Lease dated
November 15, 1977, by and between Taylor, Lessor and Texas Pacific Oil Company,
Inc., Lessee, and recorded in Volume 41, Page 965, 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 -48 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.
CXA�4 4'Tb__�
WINDY SI ON, MAYOR
Darnell, City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right-of--wa Agent
ccdocs11r1R-48 Texland Res
October 3, 2000
APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
Resolution No. 2000--RO374
Oct. 12, 2000
Item No. 53
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:
l RR48
Grantor: James Elliott Taylor JR., Walter J. Taylor, tMary Jane Taylor Crook
EXI IIB iT "A"
Being 0.61 hectares (1.51 acres) out of a 17.49 acre tract of land, more or less, being out of the
East '/ of Section 23, Block J -S, E.L.& R.R. RR, Co. Survey, Abstract 345, Lubbock County,
Texas, as described in Volume 4128, Page 309 of the Official Real Property Records of Lubbock
County, Texas, said tract of land was conveyed by deed dated August 25, 1966 by Elvie Stokes,
eta[. to J. Elliot Taylor recorded in Volume 1098, Page 663 of the Deed Records of Lubbock
County, Texas, which said 0.61 hectares (1.51 acres) is more particularly described as follows;
BEGINNING at a R.R. spike set in the East line of said 17.49 acre tract of land, more or less
and the East line of Section 23, Block J -S and in the proposed South Railroad Right -of -Way line,
for the Southeast and beginning comer of this parcel, whence the Southeast corner of Section 23,
Block J -S, bears South 02°19'08" West, 632.795 meters ( 2076.09 feet),-
(1)
eet);
(1) THENCE North 87142'28" West, along the proposed South Railroad Right -of -Way line,
at a distance of 18.288 meters (60.00 feet) pass a %" Iron Rod with Cap, set in the West Right -
of -Way Easement line of Ftvl 2528, recorded in Volume 1045, Page 454 of the Deed Records of
Lubbock County, Texas and continuing for a total distance of 130.630 meters (428.58 feet) to a
'/" Iron Rod with Cap, set in the proposed South Railroad Right -of -Way line, for a corner of this
parcel;
(2) THENCE Northwesterly, along the arc of a curve to the right and the proposed Southerly
Railroad Right -of -Way line, an arc distance of 70.321 meters (230.71 feet), to a %" Iron Rod
with Cap, set in the West line of said 17.49 acre tract of land, more or less and in the proposed
Southerly Railroad Right -of -Way line, for the Southwest corner of this parcel, said curve has a
radius of 582.126 meters (1909.86 feet) and a chord that bears North 84°14"49" West, 70.278
meters (230.57 feet);
PARI RR48.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
(3) THENCE North 02'24'13" East, along the West line of said 17.49 acre tract of land,
more or less, out of the East % of Section 23, Block J -S, a distance of 30.709 meters (100.75
feet), to a ''/z" iron Rod with Cap, set in the West line of said 17.49 acre tract of land, more or
less, out of the East % of Section 23, Block J -S and in the proposed Northerly Railroad Right -of -
Way line, for the Northwest comer of this parcel;
(4) THENCE Southeasterly, along the arc of a curve to the left and the proposed Northerly
Railroad Right -of -Way line, an arc distance of 70.281 meters (230.58 feet), to a '/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 551.646 meters (1809.86 feet) and a chord that bears South 84°03'28"
East, 70.233 meters (230.42 feet)-,
(5) THENCE South 8742'28" East, along the proposed North Railroad Right -of -Way line,
at a distance of 112.356 meters (368.62 feet) pass a ''/" Iron Rod with Cap, set in the West Right -
of -Way Easement line of Fitt 2528, recorded in Volume 1045, Page 454 of the Deed Records of
Lubbock County, Texas and continuing for a total distance of 130.644 meters (428.62 feet) to a
R.R spike set in the East line of Section 23, Block J -S and in the proposed North Railroad Right -
of -Way line, for the Northeast corner of this parcel;
(6) THENCE South 02°19'08" West, along the East line of said 17.49 acre tract of land,
more or less, out of the East % of Section 23, Block J -S and the East line of Section 23, Block J-
S, a distance of 30.480 meters (100.00 feet), to the P.Q.B.
A plat of even survey date herewith accompanies this legal description.
SURVEYED ON THE GROUND OCTOBER ,1998
e:aAFY D. W Lsoni .
4239
REGISTERED OFESSIONAL LAND SURVEYOR �• '.
z- -7
Note: English units are provided for information only
PAR1RR48.D0C
(806) 792-4731 • Fax (806) 792-1646 •3330 70th Street, Suite 201 • Lubbock, Texas 79413
Resolution No. 2000-RO374
October 12, 2000
Item No. 53
.AGREEMENT TO PLUG AND ABANDON OIL WELL
This agreement is between the City of Lubbock, Texas, a home rule municipality,
(hereinafter called "City") and Texland 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 48, 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 15, 1977, by and between
Taylor, Lessor and Texas Pacific Oil Company, Inc., Lessee, and recorded in Volume 41,
Page 965, 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
oil well locations, the actual well being located approximately 150 feet south of the
center of the railroad track and the anchors used to stabilize pulling units being located in
the right-of-way; and
WHEREAS, due to its location near the railroad track and the potential dangers
and liabilities, the well should be abandoned; 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 twelve thousand seven hundred sixteen and
601100 dollars ($12,716.60) to defray costs incurred in plugging and abandoning the
well located upon and under Railroad Parcel RR48, the lands described in Exhibit
'&A.,f
2. Texland will perform the following construction at Texland's sole expense: Plug and
abandon the oil well under Railroad Parcel IRR48, the lands described in Exhibit "A"
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 plugging and
abandoning the oil well 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.
QF LUBB1G '7 •
By
L
A ES . SF iY N. F(AESIDENT & CHIEF EXECUTIVE OFFICER
Kayth' Darnell, City Secretary
APPROVED AS TO CONTENT
�4
Ed Bucy, Right of Wa gent
APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
LC /cityatt/lRR-48 Agreement
October 3, 2090