01-11-18 Between Frontier Logistics, City of La Porte, and the Port of Houston Authority

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�e RP-2018-108314 • 1 V 03/14/2018 RP2 $60.00 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY EASEMENT ENCROACHMENT AGREEMENT STATE OF TEXAS § ; § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF HARRIS § THIS UTILITY EASEMENT ENCROACHMENT AGREEMENT (this "Agreement") is made and entered into as of Jr,,crAti // )_C i , 201 j(by and between Frontier Logistics L.P., an Illinois limited partnership 1?censed in Texas ("Frontier "), the City of La Porte, TX, a Texas municipal entity ("City of La Porte" or "Grantee"), and the Port of Houston Authority ("Port" or"Grantor"). WITNESSETH: WHEREAS, the Port of Houston Authority granted the City of La Porte ,Texas a deeded utility easement in the Johnston Hunter Survey,Abstract Number 35, consisting of 0.5093 acre, in the City of La Porte, Harris County, Texas; WHEREAS; the Port of Houston granted Frontier a 30 year lease with 4 five year extensions ("Leasehold") effective January 1, 2015 with related leasehold improvement requirements for property adjacent to the utility easement owned by the City of La Porte; WHEREAS; Frontier in development of the leasehold has discovered the City of La Porte utility easement prevents the construction of two railroad bridges and related tracks necessary to connect disconnected sections of the leasehold; and for this reason; requires the approval of the City of La Porte to utilize a small portion of the deeded utility easement for bridge support piers and concrete slabs for two railroad bridges and tracks that will connect the disconnected leasehold; WHEREAS, the City of La Porte as owner of the utility easement finds the encroachment will not affect the intended purpose of the utility easement and consents to the encroachment by Frontier; WHEREAS, the Port also agrees and consents to the encroachment as connection of the disconnected property parcels via railroad bridges and tracks will improve the Leasehold to the benefit of the Port;