HomeMy WebLinkAboutC2011-074 - 3/16/2011 - NACONSENT TO ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT, Koch Pipeline Company, L.P. ( "KPL ") is the holder of certain rights and privileges
and owes certain duties and obligations pursuant to the easement(s), lease(s), contract(s) and/or
other agreement(s) between the undersigned (or its predecessors in interest) and KPL (or its
predecessors in interest), as identified in Schedule 1 , attached hereto and incorporated herein by
this reference (the " Easements ");
THAT, KPL desires to assign all of its right, title and interest in and to the Easements to
FLINT HILLS RESOURCES CORPUS CHRISTI, LLC ( "Assignee ") and has requested the
undersigned to consent to such Assignment (the effective date of such assignment being
November 1, 2010, and referred to hereafter as the "Transfer Date ");
THAT, Assignee desires to accept all of the right, title and interest and to assume the
duties and obligations of KPL in and to the Easements arising on or after the Transfer Date;
THAT, the undersigned is willing to consent to the assignment of the Easements as
hereafter provided.
NOW, THEREFORE, in consideration of the premises and Assignees assumption of the
duties and obligations by Assignee as described above, the undersigned hereby (i) acknowledges
that, upon the Transfer Date, KPL will assign all of its right, title, and interest in and to the
Easements and delegate to Assignee the performance of all duties and obligations with respect
thereto that are incurred and to be performed on or after the Transfer Date (the "Assigned Rights
and Obligations ") (ii) irrevocably consents to the transfer of the Assigned Rights and
Obligations to Assignee, (iii) agrees that KPL shall have no liability for the Assigned Rights and
Obligations incurred and arising on and after the Transfer Date and (iv) authorizes KPL to rely
fully on the consent granted herein at all times on and after the date appearing below my
signature.
On and after the Transfer Date, Assignee's address for notices under the Easements shall be
Flint Hills Resources Corpus Christi, LLC 4111 East 37 Street North, Wichita, Kansas 67220,
Attention: Executive Vice President - Operations.
This Consent may be executed in one or more counterparts, all of which taken together
shall constitute one and the same instrument. Any facsimile copies hereof or signature hereon
shall, for all purposes, be deemed an original.
[EXECUTION PAGE FOLLOWS]
2011 -074
03/16/11
Koch Pipeline Co.
INDEXED
IN WITNESS WHEREOF, the undersigned has caused this Consent to Assignment to be
executed the day and date appearing below.
THE CITY OF CORPUS CHRISTI
By, C - jjQ. Q3
Printed Name:
Title: a d'-1 GIL •, _A-
Date: 3 b ��•� I 1
KOCH PIPELINE COMPANY, L.P.
By: Koch Pipeline Company, LLC, its
General Partner
By:
Printed Name: - 6Or3 &t 4-'k1g—
Title: ��itr"ll7iV u iG��R�St 17�1�T- rt� �1.5
Date: 13 `) P f-[ _
Approved as to farm: ! r h
Lisa Aguila
Assistant City Attorney
For City Attornsai
FLINT HILLS RESOURCES CORPUS CHRISTI, LLC
By: 71J —
Printed Name: M A ZY, � Lc op' y'
Title: V ,pPl1 i n
Date: 3 - 7 11
Pagq, of 2
SCHEDULE 1
Title of Document: Revocable Easement
Original Grantor: The City of Corpus Christi
Dated:
June 27, 1991
Original Grantee:
Koch Gathering Systems, Inc.
(Re: FHR Index 60107010; FHR, OXY 4"
D 30854)
Recording:
Volume 2266, Page 804; Document 764570
Legal Description
The right to operate and maintain a 4112 inch pipeline
across and underneath the Main Drive right -of -way
approximately 588 feet North of Sedwick Road
and across and underneath Stillwell Road right -of -way
approximately 116 feet North of Sedwick Road.
County:
Nueces
State:
Texas
Title of Document: Revocable Easement
Original Grantor: The City of Corpus Christi
Dated: September 3, 1992
Original Grantee: Koch Gathering Systems, Inc,
(Re: FHR Index 60105010; FHR,
Hydrogen 6" ID 30590)
Recording: Document # 829073
Legal Description: The right to install and operate a 6 inch pipeline
across and underneath the rights -of -way of
Main Drive, Stillwell Road and Leopard Street.
County: Nueces
State: Texas
[END OF SCHEDULE 11