HomeMy WebLinkAboutORD 36-NH
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AN ORDINANCK
ENTITLED AN ORDINANCE AUTHORIZING THE MAYOR AND THE
CITY CLERK:.OF THE CITY OF BEAUMONT, ..TEXAS, TO EXECUTE AND
DELIVER TO THE: MAGNOLIA PETROLEUM.C.OMPANY A.RIGBT-OF-WAY.
EASEMENT. AND THE PRIVILEGE. TO. LAY,. REPAIR, MAINTAINi,
OPERATE AND.REMOVE A CERTAIN PIPE LINE OVER AND ACROS.
TYRRELL. PARK,, STATING THE TERMS AND . CONDITIONS UPON WHICH
SAID RIGBT-OF-WAY. IS .GRANTED AND THE OBLIGATIONS IMPOSED,
ON.THE.MAGNOLIA PETROLEUM.COMPANY THEREBY.
WHEREAS, the City of Beaumont is the owner of a tract
of land located in th.e S. Stivers League in Jefferson Gbunty,,
Texas, -which is_known. as. Tyrrell Park,and Magnolia Petroleum
Company; a4.corporation-organized under the lags of the State
of Texas,,desires to acquire a.r.ight-of-way easement and
privilege to lay, repair, maintain, operate and remove a
pipe line or pipe lines and to replace existing pipe line
or lines: over, along and .across- the part or portion of said.
Tyrrell Park hereinafter described; and
- WHEREAS, in consideration of the granting of said.
right -of -Ray easement to the said Magnolia Petroleum Com-
-pany by.the City of Beaumont, the said Magnolia.Petroleum
Company has agreed to pay to the'said City of Beaumont in
cash the sum. of Seventy-two ($72.00.) Dollars ,for the privi-
lege of laying and maintaining one pipeline along, across;
and over.the land hereinafter described, and the said
Magnolia Petroleum Cbmpany agrees to pay to the. City' of
Beaumont, in the event it should lay an additional pipe
line or pipe lines along said right-of-way the-further-
sum
he-furthersum of $72.00 for each additional line so laid; and
WHEREAS, Magnolia Petroleum Company has further
agreed that the pipe line or lines so laid by it are to
be"used for the transportation of oil and gad and the pro-
ducts thereof., or for the transportation of water or other
fluids-, and the pipe line or lines shall be buried a suf-
ficient depth in the ground so as to not interfere with
the-cultivation.of the soil`, and the Magnolia Petroleum -
Cbmpany has also agreed as a part of the consideration
for granting said easement that,it will indemnify and hold
harmless the City of Beaumont against all claims of every
nature-whieh may arise on account of the laying and.main
tai ning of the said pipe line or lines through -and across:
the hereinafter described property, and the Magnolia Petro-
leum Company will pay all damages which may arise from the
la-ing, erecting, maintaining and. operating the said pipe
line or linen; and said Magnolia Petroleum Company has fur-
ther agreed that. the City of Beaumont shall have the right
fully to use and enjoy said premises, except for the pur-
poses hereimaPter_j granted. to said Magnolia Petroleum Company.
NOW, THEREFORE`; BE IT -ORDAINED BY -THE -CITY COMMISSION
OF THE CITY OF BEAUMONTt
That George W. Morgan, Mayor of the City of Beaumont,
and Hugh Blevins, City Clerk, be and they.are hereby authorized
and directed.to-execute and deliver to the said Magnolia Petro6eum
Company, a right-of-way easement and privilege; to lay, repair,
maintain,
ti
operate and remove a pipe line or pipe lines and -to
1 1 4
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replace existing pipe line or lines; for the transportation of
oil and gas and the products thereof, water or .other fluid substance
over, along and through a certain tract of land described as follows:
A parcel or strip of land twenty feet.in width
and being ten feet on each side of a center line,
which center line is described as follows:
Beginningat a point in the west line of Tyrrell_
Park, which point is approximately 959 feet in a
southeasterly direction from the northeast corner of
Unit "B" of Tyrrell Park Addition; thence north 74 deg.
45" east 72 rods:, more or less, to -the eastern borddr
of -Tyrrell Park, said Tyrrell Park being a part of the
S. Stivera League in Jefferson County.
The said deed shall contain.,terms and provisions sub-
stantially as set forth in the preamble of this.ordinance and
shall further provide that said Magnolia Petroleum Company shall
have the right of ingress and .egress~ to and from. the right-of-way
hereinbefore described.
PASSED by the affirmative vote of all tthhe, members of
the City Commission this the <= qday of , A. D. 1941.
V
MAYOR (J
THE STATE OF TEXAS
0
COUNTY OF JEFFERSON 4
L�
! j j
KNOW ALL MEN BY THESE, PRESENTS: That the City of Beaumont,
Texas, acting herein by and through George W. Morgan, its Mayor,
and Hugh Blevims its City Clerk, being hereunto,duly authorized
by an ordinance of the City Commission of the City of Beaumont
duly and finally enacted on the 26 day of August, 1941, for
and in consideration -of the sun of Seventy-two (72.00) Dollars
paid by the Magnolia Petroleum Company, does hereby grant and
convey unto the Magnolia Petroleum Company, a corporation organ-
ized under the laws of the State of Texas with its principal of-
fice in Dallas, Texas,. its successors and assigns,'the right-of-
way easement and privilege to lay, repair, maintain, operate and
remove a pipe line or pipe lines and to replace existing lines
with other lines, said line or lines to be used for the transporta-
tion of oil and gas and the products thereof.' water or any other
-- - fluid substance,' and said --line .or lines to -be laid in and along
the right-of-way easement described as follows:.
A parcel of land 20 feet in width and being 10
feet on either side of a center line, which center
line is described as follows: '.
Beginning at a point in`the west line of Tyrrell
Park which beginning point is approximately 959 feet
in a -southeasterly direction from the northeast cor-
ner of Unit B. of Tyrrell Park Addition; thence north
74 deg. 45f east 72 rods, more or less, to the eastern
border of Tyrrell Park and said right-of-way being a
part of the S. Stivers League in Jefferson County, Texas,
and being also a part of a tract of land conveyed by
W. C. Tyrrell to the City of Beaumont and known as
Tyrrell Park.
TO HAVE AND TO HOLD unto the Magnolia Petroleum Company,
its successors and assigns, so long as such line or.lines shall
be maintained for the purpose of constructing, inspecting, re-
pairing, operating and maintaining the same, and the grantee
and its assigns shall have the right to remove all such lines
at will either;in whole or in part, and the grantee shall at all
times have -the right. -of ingress and egress to and from the said
right-of-way above described. Should the grantee, its successors
and assigns, lay m ore than one pipe line in -or along the said
right-of-way'4• then -for each additional '.pipe line so laid the
grantee. ,or- its 'successors. and .assigns shall pay ' to the. -grantor
One Dollar !($1.00) per, rod `for each such additional line 'so laid.
It is agreed and ,unders.tood that all pipe lines''. shall be -buried
to a sufficient depth so as to not ;interfere with .the cu:ltitTation
of the soil or,.-other;similar use by,the grantor The Magnolia
Petroleum Company; its ,,success ors or assigns.. -further agree to
pay all damages which may be sustained by the -City of Beaumont
from the laying, maintaining and operating of the,aaid .pipe line
or pipe lines.
It is further- .agreed that the -Magnolia Petroleum Company.,
its•.successors .and assigns shall indemnify- and hold harmless
the. City of teaumont against., ail. claims :of every nature which
may arise on• account of the'.laying ' and maintaining of said pipe-
line or.pipe lines ' through; and•, across.,the :propertyy hereinbefore
;.described.. =
--The.-City of 'Beaumon't' shall have_',, the right to use and
enjoy the said , premises , fully and completely except for ;the
limited purpose hereinbefore granted •to' the Magnolia :Petroleum
Company, its successors and' assigns'.
•IN. TESTIMONY 4WERFOF, .witness . the signature of the City,
of '.Beaumont signed hereunto by: George W':.Morgan,. ;its. Mayor, and
:attested by Hugh Blevins, its C16rk,,' under his. hand and the se.al'
of said City, this the day of September, A. D. 1941.
CITY OF BEAUMONT
ATTEST: By
MAYOR .
CITY CLERK
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•r'. � , Before-me, the •undersigned ,�Toray: Public in and for
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