HomeMy WebLinkAboutC2011-075 - 3/16/2011 - NACONSENT TO ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT, Flint Hills Resources, LP ( "FHR ") 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 FHR (or its predecessors in interest), as identified
in Schedule 1 , attached hereto and incorporated herein by this reference (the
" Easements ");
THAT, FHR 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 FHR 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, FHR 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 FHR shall have no liability for
the Assigned Rights and Obligations incurred and arising on and after the
Transfer Date and (iv) authorizes FHR 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)
2011-075
03/16/11
Page 1 of 2
Flint Hills Resources 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
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Approved as to form: ' 1
Lisa Aguilar
Assistant City Attorney
For City Attorney
FLINT HILLS RESOURCES CORPUS CHRISTI, LLC
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Printed Name: / `AP-\C G946a RY
Title: CUPZ (D aan _
Date: 3"7 - 1 4
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Page 2 of 2
SCHEDULE 1
Attached to that Consent to Assign
by the City of Corpus Christi, Nueces County, Texas
Title of Document: Use Privilege Agreement
Original Grantor: The City of Corpus Christi
Original Grantee: Koch Refining Company
(Index 60113020; ID 30915;
Calallen Water Line)
Dated: November 17, 1992
Recording: Document No. 832519
Legal Description: 24" (inch) diameter polyethylene water line across
the Right -of -Way of Allison Drive, Castle Valley Drive,
Sessions Road, Harney Road, River Lane, Cynthia
Drive and a drainage ditch, and being more fully
depicted on Exhibits A through G.
County: Nueces
State: Texas
Title of Document: Use Privilege Agreement
Original Grantor: The City of Corpus Christi
Original Grantee: Koch Refining Company
(Index 60113020; ID 30914; Calallen Water Line)
Dated: November 17, 1992
Recording: Document No. 832520
Legal Description: City property as described in the document
out of the Rincon del Oso Survey, A -1, the
B.S. & F Survey, A -570 and the Farias Gregorio
Survey, A -592, and being more fully described
on Exhibits A through D, attached and made a
part thereof.
County: Nueces
Title of Document: Revocable Easement
Original Grantor: The City of Corpus Christi
Original Grantee: Southwestern Refining Company, Inc.
[ID 38028]
Dated: December 17, 1992
Recording: Document No. 836417
Legal Description: Across and underneath the right -of- -way of Nueces
Bay Boulevard and being more fully described on
the document and Exhibit "A" attached and made
a part thereof.
County: Nueces
State: Texas
Title of Document:
Revocable Easement
Original Grantor:
The City of Corpus Christi
Original Grantee:
Koch Refining Company, L.P.
(Index 60101060; ID 37489; Interconnect
P-6, 6 °)
Dated:
August 29, 1997
Recording:
Document No. 1997031986
Description:
Listing of Street Crossings on Exhibit "A"
Attached and made a part thereof (71)
County:
Nueces
State:
Texas
2
Title of Document: Amendment Permit No. 9708 -08
Title of Document:
Amendment #2
Original Grantor:
The City of Corpus Christi
Original Grantee:
Koch Refining Company, L.P.
Original Grantee:
(Amends Document No. 1997031986; ID 37690)
Dated:
November 13, 1997
Recording:
Not Recorded
Description.
Street crossings affected listed on
Description:
attachment
County:
Nueces
State:
Texas
Title of Document:
Permit No. 9708 -08
Amendment #4
Original Grantor:
The City of Corpus Christi
Original Grantee:
Koch Refining Company, L.P.
(Amends Document No. 1997031986; ID 37682)
Date:
January 16, 1998
Recording:
Not Recorded
Description:
Refer to Exhibit "A" for streets affected
County:
Nueces
State:
Texas
Title of Document:
Original Grantor:
Original Grantee:
Dated:
Recording:
Amendment to Revocable Easement
The City of Corpus Christi
Flint Hills Resources, LP
(Amends Document No. 1997031986;
ID 37677)
May 11, 2004
Document 2004022936
k
Description: Same listing of streets attached as Exhibit "A"
referring to Document No. 1997031986
County: Nueces
State: Texas
Title of Document:
Revocable Easement
Original Grantor:
The City of Corpus Christi
Original Grantee:
Southwestern Refining Company
Dated:
(ID 30616)
November 14, 1979
Recording:
Volume 1724, Page 513
Description:
City road described on Exhibit A, attached to
Recording:
and made a part thereof.
County:
Nueces
State:
Texas
Title of Document:
Use Privilege Agreement
Original Grantor:
The City of Corpus Christi
Original Grantee:
Koch Petroleum Group, L.P.
(Index 6010999; Interconnect; Fiber Optics
ID 37675)
Dated:
March 1, 1999
Recording:
Not of Record
Description:
Across the Up River Road right -of -way and crossing
of the Clarkwood Road right -of -way (approximately
1,100 feet West of the named right -of -way).
County:
Nueces
State:
Texas
[END OF SCHEDULE 1]
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