Res 1461 9/18/1973J .
RESOLUTION NO. /. /a/
RESOLUTION APPROVING PIPELINE EASEMENT
WITH COSDEN OIL & CHEMICAL COMPANY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain pipeline easement, a copy of which is
attached, between the City of Wichita Falls and Cosden Oil
Chemical Company is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita
Falls.
PASSED AND APPROVED THIS THE 18TH DAY OF SEPTEMBER, 1973.
M A Y O R
ATTEST:
City Clerk
THE STATE OF TEXAS )
PIPE LINE EASEMENT
COUNTY OF WICHITA )
For and in consideration of the sum of Ten and No/100 Dollars ($10.00), the
receipt of which is hereby acknowledged, THE CITY OF WICHITA FALLS, a municipal
corporation of the State of Texas, acting by and through its duly authorized officers,
hereinafter referred to as Grantor, does hereby grant and convey unto COSDEN OIL &
CHEMICAL COMPANY, a Texas corporation, its successors and assigns, hereinafter
referred to as Grantee, the right to lay, construct, maintain, operate and remove a
pipeline, and appurtenances necessary for and incident to the operation and protection
thereof, for the transportation of oil, gas, petroleum or any of its products, along a
route in the alley between General Custer Drive and Geronimo Drive in the City of
Wichita Falls, Texas.
Grantee shall have the right of ingress and egress to and from said pipeline for
the purposes aforesaid.
Grantee shall restore all pavement cuts and other excavations and/or ditches
made in connection with the pipeline construction in a manner conforming with good
engineering practices and satisfactory to the City Engineer.
It is further provided that Grantee shall be liable for damage, if any, to
property of existing utilities, such as water mains, gas pipelines, water lines, telephone
and telegraph cables; and, further, that Grantee shall save and hold harmless the
1 Grantor from any and all damages, if any, or claims thereof, including attorney's fees,
of third parties arising out of the construction, maintenance or operation of said
pipeline.
If, in the event it becomes necessary in the future to alter or lower the grade
of the alley, then Grantee shall, after having first received notice of at least
sixty (60) days of such necessity, lower its pipeline, at the expense and cost of the
Grantee, to such depth as will not interfere with such improvements being made by
The City of Wichita Falls, and in such manner as is satisfactory to the City Engineer.
The rights herein granted may be assigned in whole or in part.
The terms, conditions and provisions of this instrument shall extend to and be
binding upon the parties hereto, the successors in office of the signatories acting for
the Grantor, and the successors and assigns of the Grantee.
IN WITNESS WHEREOF, the parties have executed this instrument this
day of 1973.
ATTEST: THE CITY OF WICHITA FALLS, TEXAS
By:
ATTEST: COSDEN OIL & CHEMICAL COMPANY
By:
HELEN GREEN PAUL D. MEEK, PRESIDENT
ASSISTANT SECRETARY
THE STATE OF TEXAS )
it BEFORE ME, the undersigned, a Notary Public in
COUNTY OF WICHITA ) and for said County and State, on this day personally
appeared
Mayor of The City of Wichita Falls, known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me that the same
was the act of the said The City of Wichita Falls, a corporation, and that he executed
the same as the act of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND SEAL OF OFFICE, This day of
A. D., 1973.
I
Notary Public in and for Wichita County, Texas
THE STATE OF TEXAS )
BEFORE ME, the undersigned a Notary Public in
COUNTY OF HOWARD ) and for said County and State, on this day personally
appeared PAUL D. MEEK, President, known to me to
be the person and officer whose name is subscribed to the foregoing instrument and
acknowledged to me that the same was the act of the said Cosden Oil & Chemical
Company, a corporation, and that he executed the same as the act of such corporation
for the purposes and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of
A. D., 1973.
Notary Public in and for Howard County,
Texas
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