logo  ST. CHARLES PARISH, LA
File #: 2020-0303    Version: 1 Name: Servitude Amendment and Agreement in favor of Chevron U.S.A. Inc., said servitude located adjacent to various canals within the Sunset Drainage District
Type: Ordinance Status: Enacted
File created: 10/19/2020 In control: Parish Council
On agenda: 11/2/2020 Final action: 11/2/2020
Enactment date: Enactment #: 20-11-4
Title: An ordinance to approve and authorize the Parish President to execute a Servitude Amendment and Agreement on behalf of St. Charles Parish in favor of Chevron U.S.A. Inc., said servitude located adjacent to various canals within the Sunset Drainage District in Sections 10, 15, 22, 23, 26, 27, 31, 32, 33, 34, 35, 38, 39, 43, T14S-R20E and Sections 4, 5, 6, 9, T15SR20E.
Sponsors: Matthew Jewell
Indexes: Legal Services (Dept. of), Public Works (Dept. of), Sunset Drg/SCP Admin
Attachments: 1. 2020-0303 10-07-2020 FINAL Servitude Amendment and Agreement, 2. 2020-0303 Exhibits to Servitude Amendment and Agreement, 3. 2020-0303 Corporate Resolution, 4. 2020-0303 Final Ord 20-11-4 with Amendment and Agreement
Related files: 2017-0029

2020-0303

INTRODUCED BY:  MATTHEW JEWELL, PARISH PRESIDENT

ORDINANCE NO.                                                                

Title

An ordinance to approve and authorize the Parish President to execute a Servitude Amendment and Agreement on behalf of St. Charles Parish in favor of Chevron U.S.A. Inc., said servitude located adjacent to various canals within the Sunset Drainage District in Sections 10, 15, 22, 23, 26, 27, 31, 32, 33, 34, 35, 38, 39, 43, T14S-R20E and Sections 4, 5, 6, 9, T15SR20E.

Body

WHEREAS                     St. Charles Parish has servitudes of drain over and adjacent to certain canals located within the Sunset Drainage District in Sections 10, 15, 22, 23, 26, 27, 31, 32, 33, 34, 35, 38, 39, 43, T14S-R20E and Sections 4, 5, 6, 9, T15SR20E, all as shown on the maps attached to the document entitled “Servitude Amendment and Agreement”; and,

WHEREAS,                     La. R.S. 38:113 provides that St. Charles Parish shall have legal servitudes of access adjacent to and abutting either side of the banks of said drainage canals; and,

WHEREAS,                     St. Charles Parish desires to install, maintain, repair and replace certain culverts within the servitudes as may be reasonably necessary to access said servitudes and canals; and,

WHEREAS,                     Chevron USA, Inc. is the fee simple owner of the property over which the above described servitudes and canals are situated; and,

WHEREAS,                     Chevron USA, Inc. desires to accommodate St. Charles Parish relative to its desire to install, maintain, repair and replace certain culverts as above-described; and,

WHEREAS,                     Chevron USA, Inc. is the principal in a Conservation Project within the Sunset Drainage District and in which the canals and servitudes described above are situated; and,

WHEREAS,                     St. Charles Parish wishes to support Chevron USA Inc.’s goals of the Conservation Project and the Parish decrees that the entire width of the servitude areas are not required for the Parish to sufficiently access the canals or to conduct all necessary and foreseeable maintenance of the canals, and therefore the Parish desires to reduce the servitude area in the manner set forth in the attached Servitude Amendment and Agreement.

THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:

                     SECTION I.                     That the Parish President is hereby authorized to execute the Servitude Amendment and Agreement attached hereto and made a part hereof, from St. Charles Parish to Chevron U.S.A. Inc., for the purposes stated above.

                     The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:

 

 

 

 

                     And the ordinance was declared adopted the                day of                     , 2020, to become effective five (5) days after publication in the Official Journal.

 

 

CHAIRMAN:                                                                                                                               

SECRETARY:                                                                                                                               

DLVD/PARISH PRESIDENT:                                                                                     

APPROVED:                       DISAPPROVED:                                           

 

PARISH PRESIDENT:                                                                                                          

RETD/SECRETARY:                                                                                                           

AT:                        RECD BY: