,~ HigLway.apartment D-15-38 r~~e 1 c.f 7 Rey". 10-61 CONTRACTUAL AGREEMENT FOR RIGHT OF WAY PROCU.REME'. (COUNTY FORM) STATE OF TEXAS Y COUNTY OF TRAVIS ~ COUNTY Kerr PROJECT ?G,'~ -/- `~ HIGHWAY State 39 This agreement entered into Chia )ith daY of January . l~_, by and between the State of Texas, acting by and through the Texas Highway Department, hereinafter called the State, and Kf R ~ County, Texas, acting by and through its duly authorized official under Commissioners Court Order dated c~0 7 day of _~"}tLkM~F/~ , 19 (n°,1.,, hereinafter called the County. WHEREAS, the State has deemed it necessary to make certain highway improvements on Highway No. State 39 from From State 27 in Ingram West to , and which section of highway improvements will necessitate the acquisition of certain right of way, and WHEREAS, it is agreed that such right of way purchase shall be by joint effort of the State and the Couhty; NOW, THEREFORE be it AGREED that acquisition of such right of way shall be in accordance with the terms of Chia contract. The State hereby authorizes and requests the County to proceed with acquisition and the State agrees to reimburse the County for its share of the cost of such right of way providing such acquisition and reimbursement are ac- complished according to the provisions outlined herein and agreed to by both parties hereto. LOCATION SURVEYS AND PREPARATION OF RIGHT OF WAY DATA: The State, without coat to the County, will do the necessary preliminary engineering and title investigation in order to supply to the County the data and instruments necessary to obtain acceptable title to [he desired right of way. DETERMINATION OF RIGHT OF WAY VALUES: The County agrees to make a determination of property values for each right of way parcel by methods acceptable to the County and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate County representative. Such tabulation shall list the parcel numbers, ownership, acreage, and recomsended compensation. Compensation shall be shown in the component parts of land taken, itemization of improvements taken, and (if a partial taking) damages, if any, or enhancements, if any, to the remainder. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in arriving at determined values. Such work will be performed by the County at its expense without cost participation by the State. The State will review the data submitted and may base its reimbursement on the values as determined by this review. The State, however, reserves the right to perform at its own expense any additional investigation deemed necessary, including supplemental appraisal work by State employees or by employment of fee appraisers, all as may be necessary for deter- mination of values to constitute the basis for State reimbursement. Form D-15-38 Page 2 of 7 Rev. 2-62 If at any stage of the project development it is determined by mutual agreement be- tween the State and the County that there should be waived the requirement that the County submit to the State property value determinations for any part or all of the required right of way, the County will make appropriate written notice to the State of such waiver, such notice to be acknowledged in writing by the State. In instances of such waiver, the State by its due processes and at its own expense will make a determination of values to constitute the basis for State reimbursement. NEGOTIATIONS: The State will notify the County ae soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of the County without participation by the State; however, the County will notify the Stale immediately prior to closing the transaction so that a current title investigation may be made to determine if there has been any change in the title. The County will deliver properly executed deeds which together with any curative instruments found to be necessary as a result of the State's title investi- gation will properly vest title in the State for each right of way parcel involved. The costs incidental to negotiation and the costa of recording the right of way in- struments will be the responsibility of the County. The cost of title investigation will be the responsibility of the State. CONDEMNATION: Condemnation proceedings will be initiated at a time selected by the County and will be the County's responsibility at its own expense except as herein- after indicated. The County will obtain from the State, without cost, current title information and engineering data at the time condemnation proceedings are to be in- itiated. Except as hereinafter set forth, the County will concurrently file con- demnation proceedings and a notice of lis pendens for each case in the name of the State, and in each case so filed the judgment of the court will decree title to the property condemned in the name of the State. The County will accomplish the legal procedures and curative matters found to be necessary as a result of the State's title investigation, fulfilling the obligation to properly vest title in the State of Texas. The County may, as set forth herein under "Excess Takings", enter con- demnation proceedings in its own name. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS AND APPRAISAL EXPENSE: Court costa and costs of Special Commissioners' hearings assessed against the State or County in condemnation proceedings conducted on behalf of the State, and fees in- cident thereto, will be paid by the County. Such costs and fees, with the excep- tion of recording fees, will be eligible for 50 per cent State reimbursement under the established reimbursement procedure provided such coats and fees are eligible for payment by the State under existing State law. Where the County uses the Staters appraisers employed on a fee basis in Special Commissioners' hearings or subsequent appeals, the cost of the appraiser of updating hie report, of preparing new reports, preparing for court testimony and appearing in court to testify in support of hie appraisal will be paid direct by the County, but will be eligible for 50 per cent State reimbursement under established reimbursement procedure pro- vided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the County shall be in accordance with the fee schedule set forth in the appraiser's contract for appraisal services with the State. EXCESS TAKINGS: In the event the County desires to acquire land in excess of that requested by the State for right of way purposes, the Staters coat participation Form D-15-3E Page 3 ,of 7 Rev. 2-62 will be limited to the property needed for right of way purposes. If the County elects [o acquire the entire property, including the excess taking, by a single instrument of conveyance or in one eminent domain proceeding, the property in- volved will be acquired in the name of the County and that portion requested by the State for right of way will be conveyed to the State. When acquired by ne- gotiation, the State's participation will be based on the S'tate's approved value of that part requested for right of way purposes, providing such approved value does not exceed actual payment made by the County. When acquired by condemnation, the State's participation will be in the proportionate part of the Final judgment amount computed on the basis of the relationship of the State's approved value to the State's predetermined value for the whole property. DISPOSAL OF IMPROVEMENTS: It is agreed that the State's participation in the cost of improvements will be based upon approved values. The disposition of improvements may be in accordance with Stale Highway Department Administrative Order 8-57, a copy of which is attached hereto and marked Exhibit "A". Where the owner retains an im- provement, which is to be moved by either the County or the owner, the maximum amount in which the State will participate is that figure derived from an application of the provisions of Administrative Order 5-57. In the event the improvements which are, in whole or part, a part of the right of way taking are not retained by the owner, title is to be secured in the name of the State. The State will participate in the acqui- sition of a structure severed by the right of way line if the part of the hbuse, building or similar structure outside the right of way cannot be reconstructed ad- equately or there is nothing but salvage Left, and provided title to the entire structure is taken in the name of the State. The State shall dispose of all im- provements acquired. Revenue derived by the State from the disposition of any im- provements will be credited to the cost of the right of way procured, RELOCATION OF UTILITIES: If the required right or way encroaches upon an existing utility located on its own right of way and the proposed highway construction re- quires the adjustment, removal or relocation of the utility facility, the State will establish the necessity for the utility work. State participation in the cost of making the necessary change, less any resulting increase in the value to the utility and less any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum" procedures. Reimbursement under "actual cost" will be made subsequent to the County's certification that the work has been completed and will be made in an amount equal to 50 per cent of the eligible items of cost as paid to the utility ci~~ner. 7'he "lump sum'' procedure requires that the State establish the eligibility of the utility work and enter into a three party agree- ment with the owners of the utility facilities and the County which sets forth the exact lump sum amount of reimbursement based on a prior appraisal. The utility will be reimbursed by the County after proper certification by the utility that the work has been done, said reimbursement to be on the basis of the prior lump sum agreement. The State will reimburse the County in an amount equal to 50 per cent of the firm commitment as paid to the utility owner. -The foregoing is subject to the provision that the individual lump sum approved value shall no[ exceed $20,000, except as specifically approved by the State. In those cases where a single opera- tion is estimated to exceed $20,000, the transaction will be brought to the atten- tion of the State for determination of proper handling based upon the circumstances involved. Such utility firm commitment will be an appropriate item of right of way. The adjustment, removal or relocation of any utility line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement. The term "utility" under this contract shall include publicly, privately, and cooperatively owned utilities. Form D-15-38 Page 4 of 7 Rev. 10-61 FENCING REQUIREMENTS: The County may either pay the property owner for his existing right of way•fences based on the value such fences contribute to the. part taken and damages for an unfenced condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be in- cluded in the recommended value and the approved value, or the County may do the fencing on the property owner's remaining property. Where the County performs right of way fencing as a part of the total right of way consideration, neither the value of existing right of way fences nor damages for an unfenced condition will be included in the recommended value or the approved value. State participation in the County's coat of constructing right of way fencing on the property owner's remainder may be based either on the actual cost of the fencing or on a predetermined lump sum amount, The State will be given credit for any sal- vaged fencing material and will not participate in any overhead costs of the County. If State participation is to be requested on the lump sum basis, the State and the County will reach an agreement prior to the actual accomplishment of work as to the necessity, eligibility, and a firm commitment as to the cost of the entire fencing work to be performed. The foregoing is subject to the provision that the lump sum approved cost shall not exceed $20,000, except as specifically approved by the State. In case the fencing is estimated to exceed $20,000, the transaction will be brought to the attention of the State for determination of proper handling based upon the circumstances involved. REIMBURSEMENT: The State will reimburse the County for right of way acquired after the date of this contract in an amount not to exceed 50 per cent of the cost of the right of way acquired in accordance with the terms and provisions of this agreement. The State's reimbursement will be in the amount of SO per cent of the State's pre- determined value of each parcel, or the net cost thereof, whichever is the lesser amount. If condemnation is necessary and title is taken as set forth herein under the section headed "Condemnation", the participation by the State shall be based on the final judgment, conditioned that the State has been notified in writing prior to the filing of such suit and prompt notice is also given as to all action taken therein. The State shall have the right to become a party to the suit at any time for all purposes, including the right of appeal at any stage of the proceedings. All other items of cost shall be borne by the Stale and the County as provided by other pro- visions of this agreement. If a lump sum fencing or utility adjustment agreement has been executed, the State will reimburse the County in the amount of 50 per cent of the predetermined lump sum cost of the right of way fencing or utility adjustment. If the County prefers not to execute a lump sum agreement for either fencing or utility adjustments, the State will reimburse on the actual cost of such adjustments. The County's request for reimbursement will be supported by a breakdown of the labor, materials and equipment used. GENERAL: It is understood that the terms of this agreement shall apply only to right of way authorized and requested by the Texas Highway Department which ie needed and not yet dedicated, in use, or previously acquired in the name of the State or County for highway, street, or road purposes. Form D-15-38 Page 5 of 7 Rev. 10=61 It is further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this agreement, such un- usual circumstances or problems will be resolved by mutual agreement between the State and the County. COMMISSIONERSr COURT OF County, Texas _ r. 1 ~ By:~~.n X ~ ~ 1 ~ unty Judge v~~ Commissioner, Precinct Number 1 THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, es- tablished policies, or work programs heretofore a r d and authorized by the State Hag ~ 'Commission: Executed as State Highway Engineer and approved for State Highway Commission. Commissioner, Precinct Number 2 Commissioner, ~ ecinct Number 3 /`"> - - sy: i ~ -~ Con~is oner, Precinct Number 4 RECOMMENDED FOR APPROVAL District Engineer ~~~%-~~ Supervising Program Engineer Chief/E(//n~gineer of hway Design /,/ ~~~A RigFit of Way Engineer Form D-15-38 Page 6 of 7 Exhibit "A" CO Y Y 13310 x rtrtr Nloewev [x3ineaR 0. C. OREER [. x, TxOxxTOx, Jx„ anrw TEXAS HIGHWAY DEPARTMENT -"- xR33xRlL rOR YBY xeuur e. rerRr, u. AUSTIN 1/, TIRAS April 4, 1957 IN xE/EY xEfEE lO NLE No. DCG ADMINISTRATIVE ORDER N0. 8-57 SUBJECT: POLICY ON DISPOSAL OF IMPROVEMENTS ON STATE PURCHASED RIGHT OF WAY T0: ALL DISTRICT ENGINEERS, ENGINEER-MANAGER AND DIVISION HEARS Gentlemen: The rapid progress of the State Right of Way Purchase Program indicates the necessity of having a well defined policy for the disposition of improvements purchased with highway rights of way. In arriving at a workable plan, the Right of Wsy Division studied the procedures used by a number of cities and states as well as the Texas Turnpike Authority. The most feasible plan ap- pears to be one based upon the fixed percentage of the appraised value of the improvement. The cost to the property owner to retain his improvement will be figured as indicated below: 1. Frame Buildings (a) Pier or Block Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the purchase price for his property by an amount equal to 20~+ of the appraised value of the retained improvement. (b) Continuous Beam Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the purchase price for his property by an amount equal to 15$ of the appraised value of the retained improvement. (c) Concrete Slab Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the purchase price for his property by an amount equal to 10',~ of the appraised value of the retained improvement. 2. Brick, Rock, Stone, Veneer and Stucco Buildings. (a) Pier or Block Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the 1 Form D-15-38 Page 1 of 7 Exhibit "A" -2- purchase price for his property by an amount equal to 15~i of the appraised value of the retained improvement, (b) Continuous Beam Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the purchase price for his property by an amount equal to 10~ of the appraised value of the retained improvement. (c) Concrete Slab Foundation. The owner will be permitted to retain this type of structure if he consents to reducing the purchase price for his property by an amount equal to 5~, of the appraised value of the retained improvement. 3. Miscellaneous Improvements, e.g., well pumps, fences, etc., may be retained by the owner if he consents to reducing the purchase price for his property by an amount equal to 20'~ of the ap- praised value of the retained improvement. Any imprcvements bought under the State Right of Way Purchase Plan which are to be sold and not relinquished to the property owners in accordance with the above plan will be disposed of through the Board of Control. Where an owner elects to retain improvements under the above procedure, the Contract of Sale or the Memorandum of Agreement shall include a provision covering the agreement and fixing a time limit for removal of the improvement. In anticipation of the possibility of the property owner desiring to retain his improvements, the appraisal report reviewer shall establish the basic offer valuE of each improvement which recommended price should be forwarded to D-15 along with the recormnended offer price for the total parcel. e e yours . Greer State Highway Engineer Distribution; District Engineers Resident Engineers Engineer-Manager Division Heada No, 9328 Order Authorizing Execution of Contractual Agreement and Setting Forth Additional Procedures for the Pro- curement of Right-of-Way for State Highway 39 from State 1-iighway No. .27 in Ingram West. On this the 20th day of December, 1962 came on to be heard and considered by the Court the matter of entering into a contractual agreement with the Texas Highway Department for the Procurement of Right-of-Way for the relocation and improvement of State Highway No. 39 from State Highway No. 27 in Ingram, Texas ti'+~st; And it appearing to the Court that it would be in the best interests of Kerr County to execute the proposed agreement as submitted on Texas Highway Department Form D-15-38, It is ordered on motnn by Commissioner Stone , seconded by Cammissioner Schwethel*n and unanimously approved by the Court that the Commissioners Court enter into the said contractual agreement and that members of the Gommissionera Court exe- cute the submitted copies of the said Form D-15-38, and it is further order- ed that Kerr County agrees to waive its right of appraisal to determine right- of-way values and agrees to accept the a:praisals thereof made by the Texae Highway Department and it is further ordered that the County Judge of Kerr County be and is hereby authorized to execute any additional agreements on behalf of Kerr County with the Texas Highway Department as may be neces- sary to accomplish the procurement of the necessary right-of-way, including agreements for the relocation of utilities. ..~...~ Tllr: srnTE of rrxns ~ COt1tiTY OF KERB ~ I, F~1~fI17 '~1, ~1lII3NKER, Clerk of the County Court and [:x-officio Clerk of the Commissioners Court of Kerr County, Texas, do hereby certify that the above and foregoing is a true and correct copy of ~RDP.R N(1, 9328, passed by the Commissioners' Court on the 20th day of December, A. D, 1962, as the same appears of record as manifest in the r