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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