Occidental Chemical Corporation Attention ...
AFTER RECORDING RETURN TO:
Occidental Chemical Corporation Attention: Legal Department 5005 LBJ Freeway, Suite 1600 Dallas, Texas 75244-6152
RELEASE OF EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. STATE OF TEXAS
§
COUNTY OF SAN PATRICIO
§
WHEREAS, OCCIDENTAL CHEMICAL CORPORATION, a New York corporation (“Occidental”),
as
successor-in-interest
to
TRANSAMERICAN
NATURAL
GAS
CORPORATION, as Grantor, granted to the PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS, a navigation district and political subdivision of the State of Texas operating under Article XVI, Section 59 of the Texas Constitution (“Grantee”), as Grantee, that certain Right of Way Grant (the “Easement”) by instrument dated October 11, 1988, and recorded on October 13, 1988 under File No. 374132 of the Real Property Records of San Patricio County, Texas, and attached hereto as Exhibit A; WHEREAS, as of the date hereof, Occidental and Grantee desire to terminate and release the Easement pursuant to the terms and conditions set forth below. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: Grantee hereby forever RELEASES, RELINQUISHES and SURRENDERS, for itself and its successors and assigns, any and all rights it has or may have in and to any portion of the Easement, which shall hereafter be free from the easements, covenants, and other restrictions and encumbrances created by or arising under the Easement. Each of Occidental and Grantee (each a “Party”, and collectively, the “Parties”) hereby represents and warrants that the person executing this release, on behalf of such Party, has full authority to do so and that the agreements herein made are binding on such Party. This release shall be binding upon the Parties and their respective successors and assigns. This release may be 1 US 4894830v.1 306897v1
executed in multiple counterparts, all of which taken together shall constitute one original, and it may be canceled, changed, modified or amended, in whole or in part, only by the written and recorded agreement of the Parties or their respective successors and assigns. This instrument may be executed in counterpart originals and on different dates with the same legal effect as if all Parties hereto had signed the same on the same date. [Signature Pages Follow]
2
Executed this _______ day of ____________, 2017.
OCCIDENTAL CHEMICAL CORPORATION, a New York corporation
By: Name: Title:
____________________________ Robert Peterson President
STATE OF TEXAS
§
COUNTY OF DALLAS
§
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Robert Peterson, President of Occidental Chemical Corporation, a New York corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. Given under my hand and seal of office this ___ day of ____________, 2017.
________________________________ Notary’s Signature
Executed this _______ day of ___________, 2017. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS
By: Name: Title:
John P. LaRue Executive Director
STATE OF TEXAS
§
COUNTY OF NUECES
§
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John P. LaRue, Executive Director of the Port of Corpus Christi Authority of Nueces County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said Authority. Given under my hand and seal of office this ___ day of ____________, 2017.
________________________________ Notary’s Signature
EXHIBIT A EASEMENT [Follows This Page.]
A-1
Occidental Chemical Corporation Attention: Legal Department 5005 LBJ Freeway, Suite 1600 Dallas, Texas 75244-6152
RELEASE OF EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. STATE OF TEXAS
§
COUNTY OF SAN PATRICIO
§
WHEREAS, OCCIDENTAL CHEMICAL CORPORATION, a New York corporation (“Occidental”),
as
successor-in-interest
to
TRANSAMERICAN
NATURAL
GAS
CORPORATION, as Grantor, granted to the PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS, a navigation district and political subdivision of the State of Texas operating under Article XVI, Section 59 of the Texas Constitution (“Grantee”), as Grantee, that certain Right of Way Grant (the “Easement”) by instrument dated October 11, 1988, and recorded on October 13, 1988 under File No. 374132 of the Real Property Records of San Patricio County, Texas, and attached hereto as Exhibit A; WHEREAS, as of the date hereof, Occidental and Grantee desire to terminate and release the Easement pursuant to the terms and conditions set forth below. NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: Grantee hereby forever RELEASES, RELINQUISHES and SURRENDERS, for itself and its successors and assigns, any and all rights it has or may have in and to any portion of the Easement, which shall hereafter be free from the easements, covenants, and other restrictions and encumbrances created by or arising under the Easement. Each of Occidental and Grantee (each a “Party”, and collectively, the “Parties”) hereby represents and warrants that the person executing this release, on behalf of such Party, has full authority to do so and that the agreements herein made are binding on such Party. This release shall be binding upon the Parties and their respective successors and assigns. This release may be 1 US 4894830v.1 306897v1
executed in multiple counterparts, all of which taken together shall constitute one original, and it may be canceled, changed, modified or amended, in whole or in part, only by the written and recorded agreement of the Parties or their respective successors and assigns. This instrument may be executed in counterpart originals and on different dates with the same legal effect as if all Parties hereto had signed the same on the same date. [Signature Pages Follow]
2
Executed this _______ day of ____________, 2017.
OCCIDENTAL CHEMICAL CORPORATION, a New York corporation
By: Name: Title:
____________________________ Robert Peterson President
STATE OF TEXAS
§
COUNTY OF DALLAS
§
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Robert Peterson, President of Occidental Chemical Corporation, a New York corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said corporation. Given under my hand and seal of office this ___ day of ____________, 2017.
________________________________ Notary’s Signature
Executed this _______ day of ___________, 2017. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS
By: Name: Title:
John P. LaRue Executive Director
STATE OF TEXAS
§
COUNTY OF NUECES
§
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John P. LaRue, Executive Director of the Port of Corpus Christi Authority of Nueces County, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said Authority. Given under my hand and seal of office this ___ day of ____________, 2017.
________________________________ Notary’s Signature
EXHIBIT A EASEMENT [Follows This Page.]
A-1
