COMMISSION STATE DEPARTMENT OF HIGHWAYS ROBERT H. DEDMAN, CHAIRMAN AND PUBLIC TRANSPORTATION RAY STOKER, JR. P . O. BOX 9 Sl WAVNE B. DUDDLESTEN Kerrville, Texas 78029-0951 February 2, 1990 Project: CC 915-15-7 Control; 0915-15-007 Highway: CR 272 (Elm Limits: On Elm Pass County: Kerr Pass Rd) Rd at Verde Creek Hon. Danny Edwards Kerr County Judge Kerr County Courthouse Kerrville, Texas 78028 Subject: Executed Escrow Agreement Dear Judge Edwards: .,L~~r~ ~r ~ ~~~ ENGINEER-DIRECTOR R. E. STOTZER, JR., P.E. IN REPLY REFER TO: Transmitted herewith for your files is an executed copy of the escrow agreement on the above project, which provides for construction of that portion of this project which is to be 100 funded by Kerr County. Sincerely, Bill M. Tucker, P.E. Supv. Resident Engineer CAB:jb Attachment CC 915-15-7 Kerr County STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT, made this 11th day of January 1990, by and between Kerr County, Texas, hereinafter called the "County", Party of the First Part, acting by and through its Commissioners Court and the State of Texas, hereinafter called the "State", Party of the Second Part, acting by and through its State Highway and Public Transportation Commission. WHEREAS, the County desires the construction of grading, base and surfacing and incidental items within the limits on Elm Pass Road from 0.1 mile north of Verde Creek to 0.1 mile south of Verde Creek on County Road No. 272, which is solely the County's responsibility and the County has requested the State to construct or have constructed this work. The State will construct or have constructed this work for and on behalf of the County and at the County's sole expense, including preliminary engineering. The estimated construction cost of this work is Fifteen Thousand Two Hundred Ninety Six and 77/100 Dollars ($15,296.77), including contingencies and construction engineering. NOW THEREFORE, it is understood that this proposed work will be constructed by the State and the County will transmit to the State with the return of this agreement, executed by the County, a warrant or check made payable to the State Department of Highways and Public Transportation in the amount of Fifteen Thousand Two Hundred Ninety Six and 77/100 Dollars ($15,296.77), to be used in paying for the proposed work required by the County. It is further understood that the State will construct only those items for the County as requested and required by the County and -1- the entire cost of such items, including preliminary engineering, will be borne by the County. If the State elects to receive bids and if upon receipt of bids by the State and/or the actual construction and/or approved changes in the contemplated improvements it is found that this amount is insufficient to pay the County's portion, then the County upon request of the State will forthwith supplement this amount by an amount equal to the County's full estimated or actual share of the cost of this work less the amount previously paid to the State Department of Highways and Public Transportation. In the event the amount as paid is more than the actual cast, then the excess amount will be returned to the County. It is further understood that the work to be done on behalf of the County, as herein provided, will include the cost of contingencies and construction engineering. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the day above stated. COMMISSIONERS COURT OF KERR COUNTY XAS Part the First Part 2 - BY: B~~.O^~' County J e By: ommissioner Pr nct m By: C mm s/ioner~Rq c~nct N m BY: ~-c..-._..- ommiss~on rec nc m By:~ ommission - recinct Num er ATTEST: ~~~~ ~~~ ounty C erk ~ STATE OF TEXAS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION Party of the Second part Certified as being executed for the purpose and effect of acti- vating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission under the authority of Minute Order 82513. BY: ~i~~r~'/Contralrt Management -2- Q.k •~ ~4 t f a 'U ,DANNY R..EDWARDS COUNTY JUDGE, KERB COUNTY KERRVILLE, TEXAS 78028 E%-OfFiClO COUNTV SCHOOL SUPERINTENDENT January 5, 1988 Mr. Bill Tucker Supr. Resident Engineer State Department of Highways and Transportation P. O. Box 951 Kerrville, Texas 78029 -0951 PHONE: 512-257-677 i Re: 1987-91 Off State System Federal-Aid Bridge Replacement and Rehabilitation Program Dear Mr. Tucker: Please find two (2) executed copies of Construction and Maintenance Agreement for Bridge Replacement or Rehabilitation off the State System for a bridge to be located at Elm Pass Road at Verde Creek. Should further information be required at this time, please advise. Very truly yours DANNY ~. EDWARDS County Judge ' DRE:ls Enclosures - Z cc: Commissioner Fred Holland Commissioner Bill Ray Commissioner Victor Lich Commissioner Buster Baldwin County Control Project High way CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THIS AGREEMENT, made on the date shown hereinafter, by and between the State Department of Highways and Public Transportation, hereinafter called the "Department", and KERR COUNTY a local govern- ment, or governments agency or entity, hereinafter calle the "Governmental Agency" acting by and through its COMMISSIONERS' COURT and by virtue of the authority shown on Exhibit A attached hereto and made a part hereof. WITNESSETH WHEREAS, the Governmental Agency is owner of a bridge located on a public road or street within its jurisdiction at ELM PASS ROAD AT VERDE CREEK ; and WHEREAS, under Title 23, United States Gode as amended by the Surface Transportation Assistance Act of 1978 and subsequent Federal legislation, a program entitled Federal-Aid Bridge Rep acement an Reha ilitation Program has een approve y the State Highway and Public Transportation Commission and said bridge is included in this program; and WHEREAS, it is incumbent upon the Department to assure accomplishment of this work. A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of mutual cove- nants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows; 1. The Governmental Agency hereby authorizes the Department or its Contracted consultant and Department's contractor to enter on the site of said bridge and adjacent right of way or relocation right of way to perform Surveys, inspection, construction and other purposes necessary to replace or rehabilitate said bridge and approaches. 2. The Governmental Agency agrees to provide, at its expense, the necessary adjustment of any and all utilities and services, whether publicly or privately owned, as may be necessary to permit the work authorized herein. Existing utilities will be adjusted in respect to loca- tion and type of installation in accordance with requirements of the Department. -1- D-5 7 -85 3. The Governmental Agency agrees to provide 20% of the actual construction cost of the bridge replacement or rehabilitation project including preliminary engineering and construction engineering, or that portion of the cost of the project not reimbursable by the Federal Highway Administration. The Governmental Agency further agrees to acquire, at no cost to the Department, any additional right of way, if required. Within 30 days following execution of this agreement the Governmental Agency agrees to pay to the Department by check made payable to the State Department of Highways and Public Transportation an amount equal to lOX of the estimated cost of the project. Forty-five days prior to the Department's scheduled date for the contract letting, the Governmental Agency agrees to pay to the Department an amount equal to the remaining lOX of its obligation. If, at any time during plan development or construction of the project, it is found that the amount received is insufficient to pay the Governmental Agency's obligation, then the Department shall immediately notify the Governmental Agency which shall procnptly transmit the required amount to the Department. After the project is completed, the actual cost will be determined by the Department, based on its standard accounting pro- cedures, and any excess funds paid by the Governmental Agency shall be returned to the Governmental Agency. 4. If, after execution of the agreement, the Governmental Agency elects to terminate the project, the Governmental Agency shall be re- sponsible for those eligible expenses incurred by the State which are attributable to the project. 5. The Department will prepare or provide for the construction plans, advertise for bids and let the construction contract, or otherwise provide for the construction and will supervise the construction or reconstruction as required by the plans. The cost of all services performed by the Department will be borne by others. It is mutually agreed that as the pro- ject is developed to the construction stage, both parties shall approve the plans by signature approval thereon, and a copy of such plans will be attached hereto, marked "Exhibit B", and made apart hereof. 6. In the event the terms of this agreement are in conflict with the provisions of any other existing agreements and/or contracts between the Governmental Agency and the Department, this agreement shall take precedence over the other agreements and/or contracts. 7. Upon completion of the project, the Governmental Agency agrees to accept ownership and operate and maintain the facility authorized by this agreement for the benefit of the public without charge. 8. The Governmental Agency agrees to indemnify the Department against any and all claims for damages to adjoining, abutting or other property for which the Department is or may be liable arising out of, incident to or in any manner associated with or attributed to the project. -2- D-5 7-85 IN TESTIMONY THEREOF, the parties hereto have caused these presents to be executed in duplicate on the date herein stated. THE GOVERNMENTAL AGENCY THE STATE OF TEXAS KERR COUNTY COMMISSIONERS' Name o Governments Agency COURT I By ,/acw 11~~~~~~ DANNY R. EI7oVARDS COUNTY SUDGE Tit e o Executing 0 ficia ATTEST: PA RI C IA L. DYE COUNTY CLERK Title Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission. APPROVED: By Deputy Director Date -3- D-5 7-85 Fmm dJJ-B Rcv 9-89 111~t1~1~\ V V 1.1 To: FROM: Date Bill M. Tucker, P.E., Suprv. Resident Engineer Herbie L. Belvin, District ROW Supervisor Originating F.H.W.A. Review office Kerr County C.S.J. No. 0915-15-005 C.R. 272 (Elm Pass Road) At Verde Creek May 16, 1991 SUBJECT: CDW Attached are the appraisal reviews for the parcels on the above captioned project. Please deliver these reviews to Tommie Huston of the County Clerk's office. This office has retained copies of the reviews for submission to Ms. Sandra Allen to meet the requirements as determined in the F.H.W.A, review of the project. ~~ ,,~ ; j i' i ' ~., i r 1 ~ •- r ' ~ i ., ~ 7 ~ z CDW:ewb Attach. a/s TABULATION OF VALUES DHT Form D-15-10, Page 1 of 2 (Rev. 6-951 Whole or Partial Taking Pdrtldl Size of Remainder 44.154 Ac . Type of Property Rural Residential & Rec. ROW Map Sheet No. CSJ No. 0915-15-005 Account No. Project No. C.R. 272 at Verde Creek County Kerr Reviewed by JWR Date 5/13/91 Checked by CER Date 5/13/91 Access rights to new facility will be provided X denied to the remainder. If access will be partially provided and partially denied, explain in comments. p N L COMPONENT VALUES F AU E E R M NAME OF OWNER A AREA IMPVS. SIGN NEr DAMAGES TOTAL N C C B E E S E IN LAND LISTED VALUE oR VALUE E L R Y/N AC. BELOW (ENHANCEMENTS Y/N 1 Weldon L. Clark .215 $511 $12,889 $13,400 N AMOUNT TD BE IF IMP. T TYPE TYPE VALUE OF SUBTRACTED SEVERE E IMPROVEMENT CONSTRUCTION IMPROVEMENT iFOwNER RETAINS SHOW I/II M A Trees (23) Arizona Cypress $11,500 $1.00 B Shrubs (9) Misc. 450 1.00 C Water line Plastic 405 1.00 D Fencing - 100% Wire 284 1.00 E Driveway Gravel 250 1.00 $12,889 VALUES FOR SIGNS, IF ANY, ARE APPLICABLE ONLY IF SIGN OWNER HAS COMPENSABLE INTEREST. FENCING IS APPLICABLE ONLY TO ACTUAL COST OR LUMP SUM FENCING ON 90-10 RIGHT OF WAY AND STATE COST PARTICIPATION IN FENCES TO BE IN ACCORDANCE WITH STATE'S RIGHT OF WAY MANUAL. RECOMMENDED FOR APPROVAL: RECOMMENDED FOR APPROVAL: gy; Date By: Date~191 County/City Representative District Engineer The values indicated hereon have been approved on the basis that all improvements within the taking will be acquired in the name of the State through negotiation. By: Right of Way Engineer DHT Form D-1 5-10, Page 2 of 2 Iflev 6 851 APPRAISER'S NAME IDO NOT COMPLETE THIS SIDE ON CITY/COUNTY COPY) DISTRICT RECAPITULATION AND COMMENT SHEET Binford VALUE OF WHOLE PROPERTY AREA OF PARCEL •215 AC. VALUE FOR PARCEL Land: Per AC. 2,350/505 Easement Improvements 12.889 Net Damages or (Enhancements) Sign Valuelsl TOTAL COMPENSATION $13 400 (Rd1 RECOMMENDED VALUE N/A 2,350/511 12.889 $13,400 COMMENTS AND CONCLUSIONS ON VALUES AND VARIATIONS WITHIN THE APPRAISAL REPORTS Our recommendation is G. Scott Binford's estimate. This is a small taking from a rural residential and acreage tract and Mr. Binford has cited what appears to be very good comparable sales to support his land value but this parcel's land value is not consistent with the other 2 parcels on this project. Out of Mr. Binford's total compensation, 96% is for minor improvements and he lists these but does not show where the costs of these improvements are from. Yet, these costs are reasonable and acceptable. JUSTIFICATION AND EXPLANATION FOR CREDIT IF RETAINED Improvements are given nominal retention values. FOR D-15 USE ONLY Reviewing Appraiser ADDroval D4trlct Raviawbg APPreiaer'c Statement The recommendetl value on this form Is my opinion of value for the Darcel end was reached indepentlently basetl on appraisals and other factual data without collaboraton or tlirecnon. An on the grountl Inspection of [he parcel was made end comparables in the area were inspac[etl. I have no direct or Intlirect present or contemplatatl future personal interest in such Dropeny or in any benefit from the acquisition of the parcel. To the beat of my knowledge, the value does not nclude any items which ere compansebla under the State law but are not eligible for Fetleral reimbursemem ~,,,, y,/ ,~,,,,, 5/ 13/91 DlatrictR iewi Appraiser Date VaWe on Page 1 of this form is my opinion of value for the parcel end was reachetl intlepentlently based on appraisals end mbar factual tlata inclutling the District reviewer's inspection, analysis entl racpmmentlation end on the grountl knowledge and without collaboration or direction. I have no tlirect or intlirec[prasent or contam0latetl future personal interest in such property or In any benefit from the acquisition of the Darcel. fl is my understanding that the Darcel is to be used in connection with a Fatlarel Aitl Right of WeY Highway Protect To the best of my knowledge, the value does not inclutle any items which are compensable under the Slate law but ere not eligible for Federal reimbursement. D-15 Reviewing Appraiser Date TABULATION OF VALUES DHT Form D-15-10, Page 1 of 2 (Rev. 6-851 Whole or Partial Taking PB rt i a 1 Size of Remainder .233 + or - TypeofProperty Recreation ROW Map Sheet No. CSJ No. 0915-15-005 Account No. Project No. C.R. 272 at Verda f.raak County Kerr Reviewed by JWR Dates/13/91 Checked by C~-Date5/1~/~ Access rights to new facility will be provided X denied to the remainder. If access will be partially provided and partially denied, explain in comments. P N L COMPONENT VALUES F AU E E RM NAME OF OWNER A AREA IMPVS. NET N C B S IN SIGN DAMAGES TOTAL C E E E Ao LAND LISTED VALUE °R (ENHANCEMENTS VALUE E L R Y/N ' BELOW Y/N 2 Joe D. Barnard .171 $1,300 $1,800 $3,100 N T TYPE TYPE VALUE OF AMOUNT TO BE IF IMP. SUBTRACTED SEVERE M IMPROVEMENT CONSTRUCTION IMPROVEMENT iR°qNS SHOW I/II A Trees (2) Arizona Cypress $1,800 $1.00 I VALUES FOR SIGNS, IF ANY, ARE APPLICABLE ONLY IF SIGN OWNER HAS COMPENSABLE INTEREST. FENCING IS APPLICABLE ONLY TO ACTUAL COST OR LUMP SUM FENCING ON 90-10 RIGHT OF WAY AND STATE COST PARTICIPATION IN FENCES TO BE IN ACCORDANCE WITH STATE'S RIGHT OF WAY MANUAL. RECOMMENDED FOR APPROVAL: By: County/City Representative RECOMMENDED FOR APPROVAL: By: District Engineer Date 5/13/91 The values indicated hereon have been approved on the basis that all improvements within the taking will be acquired in the name of the State through negotiation. By: Right of Way Engineer DHT Form D-1 5-70, Page 2 of 2 (Rev. 6-851 APPRAISER'S NAME VALUE OF WHOLE PROPERTY AREA OF PARCEL •171 AC. VALUE FOR PARCEL Land: Per Ac. Easement Improvements IDO NOT COMPLETE THIS SIDE ON CITY/COUNTY COPY) DISTRICT RECAPITULATION ANO COMMENT SHEET Binford N/A 7,500/1,283 1,800 Net Damages or (Enhancements) Sign Valuelsl TOTAL COMPENSATION $3,100 (Rd) RECOMMENDED VALUE N/A 7,500/1,300 1,800 $3,100 COMMENTS AND CONCLUSIONS ON VALUES AND VARIATIONS WITHIN THE APPRAISAL REPORTS Our recommendation is G. Scott Binford's estimate. This is a small taking from small recreational tract that has good road and creek frontage. Mr. Binford has cited 3 good recreational lots with water frontage. Out of these sales, the Hidalgo to Bigott sale is the most comparable to the subject in that both are in the same subdivision, both have a similar size and have creek frontage. Again, Mr. Binford does not show where he received the cost of 2 Arizona Cypress trees but this cost seems reasonable. JUSTIFICATION AND EXPLANATION FOR CREDIT IF RETAINED The 2 trees are given nominal retention amounts. FOP D-15 USE ONIY Reviewing Appraiser Approval D4tdct Reviewing Apprelaar's Statement The recommendetl value on this form is my opinion of value /or the parcel and was reached indepentlently basetl on appreicala mtl o,Aer factual Eata without cnllabora[ion or direction. An on the grpuntl mspegion of the parcel was made end comperabba in the area were inspected I have no tlirect or Indirect preaen[or cpntemplatetl future personal interest in such proParty or in any benefit from the acguiaitipn of the parcel To the best of my knowledge, the value tlces not Include any items which ere compenseble under the State law but are not eligible for Fetlarel reimbursement. Q /,~ ~' 5/13/91 DistrictR lewln Appraiser Date Value on Page 1 of this form is my DOinion of value for the parcel antl waa reached Indepentlendy based on aDpraisels and other factual Data indudmg the District reviewer's inspection, analysis antl recommentlation antl on the ground knowledge antl without collaboration or duecbon. I have no tlirect or indirect Drecent or contemplated future personal interest in such property or in any benefit from the acguieitipn of the Dercel. It is my understanding that the parcel is to be used in connection with eFetlarel-Aid Right of Wey Righway Project To the best of my knowledge. Ne value tloes not include any items which are compenseble under Ne State law but are not eliglMe far Fetlarel reimbursement. D-1 5 Reviewing Appraiser Date TABULATION OF VALUES DHT Form D-15-10, Page 1 of 2 IRev. 6-651 Whole or Partial Taking Partial Size of Remainder .432 Ac. Type of Property Recreational ROW Map Sheet No. CSJ No. 0915-15-005 Account No. Project No. C.R. 272 at Verde Creek County Kerr Reviewed by JWR Date 5/13/91 Checked by CER Date 5/13/91 Access rights to new facility will be provided X denied to the remainder. If access will be partially provided and partially denied, explain in comments. P N L COMPONENT VALUES F AU E E RM NAME OF OWNER A AREA IMPVS. SIGN NET AMAGES TOTAL N C B S IN D C E E E LAND LISTED VALUE °R VALUE E L R Y/N AC BELOW IENHANCEMENTSI Y/N 3 Joe D. Barnard .028 $210 $210 N AMOUNT TO BE IF IMP. T TYPE TYPE VALUE OF SUBTRACTED M IMPROVEMENT CONSTRUCTION IMPROVEMENT ~ ° SEVERE RE TANS SHOW I/II No Improvements VALUES FOR SIGNS, IF ANY, ARE APPLICABLE ONLY IF SIGN OWNER HAS COMPENSABLE INTEREST. FENCING IS APPLICABLE ONLY TO ACTUAL COST OR LUMP SUM FENCING ON 90-10 RIGHT OF WAY AND STATE COST PARTICIPATION IN FENCES TO BE IN ACCORDANCE WITH STATE'S RIGHT OF WAY MANUAL. RECOMMENDED FOR APPROVAL: By: County/City Representative RECOMMENDED FOR APPROVAL: Date By: District Engineer 5/13/91 The values indicated hereon have been approved on the basis that all improvements within the taking will be acquired in the name of the State through negotiation. By: Right of Way Engineer ____ _ DHT Form D-15-10, Page 2 of ~ (Rev. 6 851 (DO NOT COMPLETE THIS SIDE ONCITY/COUNTY COPY) DISTRICT RECAPITULATION AND COMMENT SHEET APPRAISER'S NAME Binford VALUE OF WHOLE PROPERTY N/A AREA OF PARCEL •028 AC. VALUE FOR PARCEL Land: Per Ac. 7,500/210 Easement Improvements Net Damages or (Enhancements) _ _ Sign Value(sl RECOMMENDED VALUE N/A 7,500/210 TOTAL COMPENSATION $210 $210 COMMENTS AND CONCLUSIONS ON VALUES AND VARIATIONS WITHIN THE APPRAISAL REPORTS Our recommendation for this parcel is G. Scott Binford's estimate. Like the other parcels on this project, this is a small taking from a recreational lot with good road and creek frontage, the Hidalgo to Bigott sale is Mr. Binford's rriost compara- ble to the subject and his $7,500/Ac. land value is consistent with Parcel 2. JUSTIFICATION AND EXPLANATION FOR CREDIT IF RETAINED No Improvements. Dhtrkt pevlawing Appraiser's Statement The recommended vaWe on this form is my opinion of value for the parcel and was reached Independeepy besetl On eppmisela arA other factual date witbou, collaboration or direction An on the ground inspection of the parcel was made antl comperables in the area w