Texas Highway Department
Form .D-15-38
?age 1 of 5
Rev. 10-64
STATE OF TEXAS X
COUNTY OF TRAVIS X
This agreement entered into this _
by and between the State of Texas,
hereinafter called the State, and
and through its duly authorized of
day of ~~~
CONTRACTUAL AGREEMENT
FOR
RIGHT OF WAY PROCUREMENT
(COUNTY FORM)
COUNTY Kerr
PROJECT <> (? - ter' /- ='-~
HIGHWAY State 1
29th day of October 1971 ,
acting by and through the Texas Highway Department,
Kerr County, Texas, actin bey
ficial under Commissioners Court Order dated ~_
_, 19~_, hereinafter called the County.
WHEREAS, the State has deemed it necessary to make certain highway improvements on State
Highway No. 16 from Flom F M 689 South of Kerrville, South
to Intersection with F M 1273 _ 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 County;
NOW, THEREFORE be it AGREED that acquisition of such right of way shall be in accordance
with the terms of this 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 cost 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 the 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 [he values so determined,
signed by the appropriate County representative. Such tabulations shall list the
parcel numbers, ownership, acreage, and recommended compensation. Compensation shall
be shown in the component parts of land taken, itemization of improvements taken,
damages, if any (offset by enhancements, if any,) to the remainder, if any, and
the amounts the total compensation will be reduced if the owner retains improve-
ments. This tabulation shall be accompanied by an explanation to support the de-
termined values, Together with a copy of information or reports used in arriving
at all 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 em-
ployment of fee appraisers, all as may be necessary for determination of values to
constitute the basis for State reimbursement.
Form D-15-38 ,
Page 2 of 5 '
Rev. 10-64
If at any stage of the project development it is determined by mutual agreement
between 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 as 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 State 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
investigation will properly vest title in the State for each right of way parcel
involved. The costs incidental to negotiation and the costs of recording the right
of way instruments will be the responsibility of'~~the County, The cost of title in-
vestigation 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
costs 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 costs and Łees are eligible
for payment by the State under existing State law. Where the County uses the
State's appraisers employed on a fee basis in Special Commissioners' hearings or
subsequent appeals, the cost of the appraiser of updating his report, of preparing
new reports, preparing for court te-stimony and appearing in court to testify in
support of his 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 State's cost participation
Form D-15-38
Page 3 of 5
Rev. 10-64
will be limited to the property needed for righ*_ of way purposes. If the County
elects to 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.nego-
tiation, the State's participation will be based on the State'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.
IMPROVEMENTS: Property owners will be afforded an opportunity in the negotiations
to retain any or all of their improvements in the right of way taking. In antici-
pation of the owner desiring to retain his improvements, the State's approved value
will include the amounts by which the upper limit of State participation will be
reduced for the retention. It is further agreed that the upper limit for the State's
participation in the County's cost for an improved parcel will be reduced as shown
in the State's approved value where the owner retains an improvement which is to be
moved by either the County or the owner, 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
acquisition of a structure severed by the right of way line if the part of the house,
building or similar structure outside the right of way cannot be reconstructed ade-
quately or there is nothing but salvage left, provided the State's value is established
on this basis and provided title to the entire structure is taken in the name of the
State. The State shall dispose of all improvements acquired. The net revenue derived
by the State from the disposition of any improvements sold through the Board of Control
will be credited to the cost of the right of way procured and shared with the County.
RELOCATION OF UTILITIES: If the required right of way encroaches upon an existing
utility located on its own right of way and the proposed highway construction requires
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 nec-
essary 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 owner. The "lump
sum" procedure requires that the State establish the eligibility of the utility work
and enter into a three party agreement 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 certifi-
cation 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 not exceed $20,000, except as specifically approved by the State. In those cases
where a single operation 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 cir-
cumstances 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 5
Rev. 10-64
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 valve 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 cost of constructing right of way fencing on
the property owners 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 lt~Lp 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.
REIMBURSEMENTS 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 Status reimbursement will be in the amount of 50 per cent of the Status 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
judgnent, 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 State 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 to new right
of way authorized and requested by the Texas Highway Department which is needed and
not yet dedicated, in use, or previously acquired in the name of the State or County
for highway, street, or road purposes. This agreement shall also apply, as to any
Form D-15-38
Paga.S of 5
Rev. 10-64
existing right of way, to outstanding property intnreats not previously acquired and to
eligible utility adjustments not previously made, as authorized and requested by the
Texas Highway Department.
It is understood that this contract shall be effective from and after the date of full
execution by the State of Texas.
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.
COMMISSIONERSi COURT
OF
Kerr County, Texas
~~.
Bys '.
County Judge,.//r
f~, VrI'
Commissioner, Precinct Number 1
/ ~ ,
Commissioner, Precinct Number 2
CommisaloPrecinct Number 3
By: L
C ission , Precinct Nwaber 4
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 approved and authorised by
the State Hiahwav Commission:
By: (/ v iv
Execut as State g ay Engineer and
approv d f r Sta H hway Commission
under Au ority f ommmssion Minute 60394•
REC ED FOR AEPROVAL
~`~~'"'~
~ Engineer
Chief Engineer of Highway Design
~.
Right of Way Engineer
~~
`ftd _ '/nf~4 iy~ /1~~
CONTRACTUAL, AGREEMENT
FOR
RIGHT OF WAY PROCUREMENT
(COUNTY FORM)
Dated October 29, 1971
State Highway No. 16
from F. M. 689, South of
Kerrville, South to
Intersection with F. N.
1273
,,,~