Fdf~F'RUVE "FIGREE:~~IEilT "(0 CQtJ"Cf2IRU-(E f=UNDO" t'iNli f=i t.."I"HC11~I'I I-i(-a I'JG f~hiELi{ Of- 1; E3, 6l li. l?I k7 Clr~ thi!:; the ~'.Gth day of 4l!!g~.!st, rk1~,=, ~_!~.~~on rnot.ior~ ;nade icy -.. ~. _ . aECi)nd .:1 L-< <.~iiw~z>:aiitner' Wa lli:ama, -r c, l,ominissiotti_r I3sLJw>.n, ~~~ y C'u l!i`t unanimously approved by a vote of 4-0-~!, ttte i-1yr-ei•~rner;t to Cuntrib~!.te k=ands for r:igttt. af' way of the Highwater~ Rr tdge§ autttc>r•iz.e Cnunty Sudyi= 'Lo ~iytt tl-te nt and :.t~aL-hor'ize I-land cl-iec:k rn 'L-t-~e amo~_utt of 9>6,F~V~.k!k'~ from ri.!nd 1~i-611-,`_iA6 tri br, irtcl.~.u~ed !•~itt-~ the eni?i.7~lted ayriai=m!sn'L. COMMISSIONERS' COURT AGENDA REQUEST P_ LEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT, MADE BY: Franklin Johnston, P.E. OFFICE: Road & Bridge MEETING DATE: August 26, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider "Agreement to Contribute Funds" for right of wav of the Highwater Bridge: authorize Count} Jud eg to sign same• authorize a hand check in the amount of $8,600.00 from 15-611-585 to be mailed with agreement EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston ESTIMATED LENGTH OF PRESENTATION: 10 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. Texas Department of Transportation P.O BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110 August 6, 2002 Transmittal of Agreement [o Contribute Funds Account No.: 8015-01-070 ROW C.S.J.: 0526-O1-016 C.S.J. No.: 0526-0]-008 Highway: State Spur 98 Limits: From: James Road To: FM Highway 1338 (Goat Creek Road) Honorable Judge Fred Henneke Kerr County Courthouse 700 Main Kerrville, Texas 78028 Dear Judge Heiuickc, Contact: DRA As requested, we are ready to begin the acquisition process of Pazcel No. 2 on State Spur 98. We aze submitting four copies of the Agreement to Contribute Funds for alternate procedure of right of way acquisition on the subject project. Please have all copies executed by the proper County Official, upon completion return same [o this office for further handing. In addition to the executed forms, the County of Kerr must forward a check or warrant made payable to the Texas Department of Transportation for the county's portion of the right of way costs. Based on current estimates this amount for the county is $8,600.00. Please be advised that should this amount prove insufficient the county will be required to increase their contribution. Likewise, upon completion of the project, any amount in excess of the costs will be returned. As you know, it is a requirement that the State be furnished with an Ordinance or Resolution which contains the authority for the designated officials to enter into contracts with the State. Upon receipt of the signed forms, a warrant or check for $8,600.00 and a copy of the Ordinance or Resolution authoring the signing of the Agreement to Contribute Funds, we will complete the processing of the Agreement and begin the acquisition of the needed right of way. We are also forwarding a print of [he right of way map, field notes, property sketches, and examples Ordinances and Resolutions for your use. If you have any questions concerning these contracts, please contact me, Juan Zaragosa at (210) 615-5910. Thank you for your cooperation. cerely, RR C. ~,~ : an A. Zaragosa, SR/WA District Right of Wav Administrator JAZ:rg Attach. a/s cc: Julie Brown, P.E. An Equal Opportunity Employer Upon receipt of the signed forms, a warrant or check, and a copy of the Ordinance or Resolution authoring the signing of the Agreement to Contribute Funds, we will complete the processing of the Agreement and begin the acquisition of the needed right of way. If you have any questions concerning these contracts, please contact me, Juan Zaragosa at (210) 615-5910. Thank you for your cooperation. ~. . Juan A. Zaragosa, SR/WA District Right of Way Administrator JCB/rg Attach: a/s cc: Julie Brown, P.E. ~xhNf p~r AN ORDINANCE AUTHORIZING THE EXECUTION OF AN "AGREEMENT TO CONTRIBUTE FUNDS" AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED S900,000.00 TO THE TEXAS DEPARTMENT OF TRANSPORTATION (TaDOT) FOR RIGHT OF WAY ACQUISITION MATCHING FUNDS FOR SPUR 421 (CULEBRA /BANDERA ROAD) FROM INTERSTATE HIGHWAY 10 TO EVERS ROAD, LOCATED IN COUNCIL DISTRICTS 1 AND 7. WI-AREAS, the City of San Antonio wishes to continue its policy of participating with the Texas Department of Transportation in the improvements of roadways through its commitment [o funding ten (10%) of the right of way for reconstruction and widening in connection with the Spur 421 (Culebra/Bandera Road) from Interstate Highway 10 to Evets Road; and WI~REAS, TxDOT will be responsible for purchasing the right of way, as well as the design and construction of this project; NOW THEREFORE; BE TT ORDAIlYED BY THE CITY COUNCIL OF THE CITY OF SAN ~uNTONIO: -# 3c_• SECTION 1. The City Manager is hereby authorized to execute `'Agreement to Contribute Funds", appearing in substantially the same form as Attachment I, attached hereto and incorporated herein for all purposes, in connection with the Spur 421 (Culebra/Bandera Raad) from Interstate Highway l0 to Evers Road Project. SECTION 2. The amount of $900,000.00 is appropriated in Fund 4~-507633, Index code 52380, entitled Right of Way Costs, and is authorized to be encumbered and made payable to Te,~ta_s Department of Transportation in connection with [he Spur 421 (Culebra/Bandera Road) - IH 10 to Evers Road Project. SECTION 3. Any future funding requested by the State for this project exceeding the amount made payable by this ordinance, shall be approved by City Council prior to disbursement. SECTION 4. "ibis ordinance shall take effect on the tenth day from the date of passage hereof'. PASSED AND APPROVED this 21st day of January, 1999. M A Y O R ATTEST: City Clerk ~-~ - - ,~ ~; ~. f APPROVED AS TO FORM:/~'~ i .~-L._ /i%~'~~?' L~City Attorney $g 125 ORD. N0. JAN 21 }gog G~Y t;1.E~ U li ~ x~M Pir ORDER AUThiORIZ[Nt, THE COUNTY NDGE TO ENTErt INTO AGREEMENT TO CONTRIBUTE FUNDS FOR RIGHT OF WAY PROCUREMENT BY AND BETWEEN THE STATE OF TE:~AS AND COb1AL COUNTY, TEXAS, FOR 90-10 RIGHT OF WAY LOCATED ON F.M. 1863 FROM STATE HIGHWAY 46 TO 4.35 KM (MISSION VALLEY ROAD) On this the ~_ day of__~~~ A.D. 19 LL , came on for consideration by the County Commissioners of Comal County, eras, convened in Regular Term, the matter of the County of Comal entering into Agreement to Contribute Funds for Right of Way Procurement by and between the Texas Department of Transportation and the County of Comal acting by and through its duly authorized officials, by executing four copies of Form D-15-130 for procurement of nght of way on a 90-10 right of way project on F.M. 1863 From State Highway 46 To 4 35 km (vlission Valley Road), Comal County Texas, and thaC the County Judge, or his designated representative be authorized to sign any other papers that may be needed during the work on this project. THF.RFORE, IT IS ORDERED by the Cuunty Commissioner cf Coma1 County, Tezas that the County of Comal enter into Agreement to Contribute Funds for Right of Way Procurement by executing four copies of Form D-IS-I30 for procurement of right of way on a 90-10 right of way project on F M. 1863 From State Highway 46 To 4.35 km (Mission Valley Road), Comal County Texas. IT IS FURTHER ORDERED that the County judge, or his designated representative, be authorized and he is hereby authorized to sign any and all papers that may be needed during the work on this prolect. The County of Comal accepts the offer made by the State for the State to make determination of values at Sate expense, and for the State to assume responsibility for acquisition of all necessary right of way Under motion of Commission r ~ ~ ~ t ~ ~ and seconded by Commissioner ~ ~ ~ t ~ ,the motion was passed unanimously and it was so ordered passed. THE STATE OF TE`CAS COUYT~' OF COMAL I, UC'll ~, ,Clerk of the County Court in and for said County d State, do herebv certify the foregoing page to contain a true and correct copy of an ex: erpt of Commissioners' Court Minutes of_,~/,(lGG.Lf 7 , A.D l4~ to be recorded in Volume ,Page of 11~e Commtssioners' Court Record of Comal County. Texas. WITNESS my hand and oElicial seal, at office in the City ofNew Braunfels, Comal Count}', Texas, this the ~'~6t_ day of i ~ ~ , A.D l9~ ~, -=-- C1erk~~ C unto Court of Comaf County, Texas ~ ~ Itesnlnt inn HnnIS 3, t'a~ja 377 ...._.. `' RESOLUTION N0. 91-RSl A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENT TO CONTRIBUTE FUNDS FOR RIGHT OF WAY PROCUREMENT BY AND BETWEEN~THE STATE OF TEXAS AND THE CITY OF NEW BRAUNFELS, COMAL COUNTY, TEXAS, FOR 90-10 RIGHT OF WAY LOCATED ON STATE HIGHWAY 46 FROM INTERSTATE 10, NORTH TO COMAL COUNTY LINE, EXCLUDING THAT PORTION OUTSIDE THE CITY OF NEW BRAUNFELS. WHEREAS, on this the 9th day of November, 1991 A.D., came on for consideration by the City Council of New Braunfels, Comal County, Texas, convened in Regular Term, the matter of the City of New Braunfels entering into Agreement to Contribute Funds for Right of Way Procurement by and between the Texas Department of Transportation and the City of New Braunfels, acting by and through its duly authorized officials, by executing four copies of Form D-15-129 for the procurement of right of way on a on a 90-10 right of way project on State Highway 46 from Interstate 10, North, to Comal County Line, Guadalupe County, Texas, excluding that portion outside the City of New Braunfels, and that the City Manager, or his designated representative by authorized to sign any other papers that may be needed during the work on this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEW BRAUNFELS, TEXAS; THAT, IT IS ORDERED by the City Council of New Braunfels, Comal County, Texas, that the City of New Braunfels enter into Agreement to contribute funds for Right of Way Procurement by executing four copies of Form D-15- 129 for procurement of right of way on a 90-10 right of way project on State Highway 46 from Interstate 10, North, to Comal County Line in Guadalupe County, Texas, excluding that portion outside the City of New Braunfels; and IT IS FURTHER ORDERED that the City Manager or his designated representative, be authorized and he is hereby authorized to sign any and all papers that may be needed during the work on this project. The City of New Braunfels accepts the offer made by the State for the State to make the determination of values at State expense, and for the State to assume responsibility for acquisition of all necessary right of way. Under motion of Councilmember Rudy Seidel and seconded by Councilmember/Mayor Pro-tem Ramon Chapa,Jr. the motion was passed unanimously and it was so ordered passed. PASSED, ADOPTED AND APPROVED this the 9th day of December, 1991. CITY OF NE ~tAU. F-~LS, TEXAS ATTEST: CLINTON BRANDY, Mayor V~/ ~*u,ui/~ VERONICA SARKOZI, City Secretary THE STATE OF TEXAS COl1NTY OF COMAL I, Veronica Sarkozi, City Secretary of the City of New Braunfels in and for said County and State, do hereby certify the foregoing page to contain a true and correct copy of an excerpt of the City Council Minutes of December 9, 1991. WITNESS my hand and official seal, at office in New Braunfels, Comal County, Texas, this the 'GT day of ~~'cc~mt~LJ A.D~199L. ~' r~uc rc~ ~c ~ VERONICA SARKOZI, C' y Secretary City of New Braunfels, Texas Account No. Date: February 21, 2002 CSJ No.: 0526-01 Exhibit: County: Kerr Highway: SPUR 98 Project Limits: From: James Road To: F.M. Highway 1338 (Goat Creek Road) Field Notes for Parcel 2 2.754 acres (119,942 square feet) of land out of the M. Primrose Survey No. 140, Abstract No. 267, Kerr County, Texas, and also being out of a 217.30 acre tract of land conveyed from Rex E. Thomas, M.D. and wife, Genevieve Thomas to LEWFAM, LTD. by deed executed October 1, 1989 and recorded in Volume 533, Pages 200-206, Real Property Records of Kerr County, Texas; said 2.754 acres (1 19,942 square feet) of land being more particularly described as follows: BEGINNING at a found 3/8" iron pm on the south bank of the Guadalupe River being the northeast corner of the said 217.30 acre tract and the northeast comer of the herein described parcel, said 3/8" iron pm is right 216.29 feet from and at a right angle to the proposed centerline of SPUR 98 at Station 155+88.56; (I) THENCE South 40° l3'27" West, 135. l6 feet along the proposed southeast Right of Way line of SPUR 98 to a found !~:" iron pin in concrete, being the north comer of [he 11.01 acre Thompson Drive Right of Way as per plat of Saddlewood Estates Section One recorded in Volume 6, Pages 319-321, Plat Records of Kerr County, Texas; (2) THENCE South 40°20'20" West, 628.62 feet along the northwest Right of Way line of said Thompson Drive Right of Way to afound %" iron pin in concrete being the south corner of the herein described parcel and the most westerly southwest corner of the said Thompson Drive Right of Way, said iron pin being N40°21'20"E, 4626.46 feet from the South corner of the said 217.30 Acre Tract; THENCE along the proposed west Right of Way line of SPUR 98, the following: (3) North 02°45' l9" East, 159.5 l feet to a set %" iron pin; (4) North 11°48'43" East, 161.84 feet to a set '/" iron pin; (S) North 28°20' 13" East, 369.10 feet to a set %z" iron pin on the south bank of the Guadalupe River being the northwest comer of the herein described parcel, said iron pin being left 57.18 feet from and at right angle to the proposed centerline of SPUR 98 at Station 155+09.55; THENCE downstream alatg the south bank of the Guadalupe River with its meanders, the following: (6) South 80°56'31" Gast, 91.81 feet to aset %z" iron pin; (7) South 76° 16'28" East, 193.05 feet to the POINT OF BEGINNING, containing 2JS4 acres (1 19,942 square feet) of land. Reference is made to plat of survey dated February 2l, 2002, accompanying these field notes. Bearings based on State Plane Coordinates, NAD-83, South Central Zone (Grid Beanngs). Wayne A. Seewald Registered Professional Land Surveyor No. 3695 E RAVER \R~ Pp PG N~yPCT U.G R A. 0.1 ACRE TRAC RECORDS) P~VpE ~D NE~BpF 2T~ 3 P 0.8• (VOL 227. PGS. 739-742. DEED G~pp ~ coRZ\6.2s~ 5~ ____-- ~J ~L'.L. -`S .155+ 2$ , E `93 • ~ 3 / .n`EE U`V ~M\ts \ 31, ••~cj 6e5E 6~2 \R«+ F OWA6~, (O N (vOIA ARE PG~238. EASEMENTERECORDS) KEaaI2 $oa 56 1 1 1T M NT (~"'REGGROS) M M P~ p\ j".% EP`+EEPSEMEN T UNE~~ O ~" I GE EP~~~' v SCALE: 1" = 100' tis /'"' /51 j8155+'~ 55 ~ C.OLW A ,5188.56.29 N " s.1P. ~ ~. PROPOSED R.O.W. ~ ~ I FND. 1/2' IRON i ~ ~ ~I PIN IN CONC. / ItOn ~" M. PRIMROSE SURVEY N0. 140 ~ ABSTRACT N0. 2g7 I r ' PROPOSED R.O.W. ~U w PARCEL 2O ~ ~ in a rr iu+ssu ~------- ~w , o a N ~ 2.754 AC. N O N . O ~ I o a0 O n N ~ ~ O ~ Z ~ ~ 4 N Ja0 ~ 1 O Mw CL, STA. ~ ~O ~ SET 1/2' IRON PIN T5\+x74 Z 67 83' ~ N N O] W Z ~~ Z O U vD_ l l t OUQ s IV ~ Z D ~ O ~ O ~ ~ ~ 3 cTa~ "'• v+ \ N N aJ t ~ ~~ O ~N3 c~SP~ ,Q, N "> O q OytD~49 `{$ ~ ~ I ~ Z ,5616 O' W M _~ O ena sxrr •eraao. roes naso REMAINDER /.~ Form ROW-RM-129 (Replaces Forth ROW-RM-129 and ROW-RM-130) Rcv. 92001 (GSD EPC Word 97) Page 1 of 2 AGREEMENT TO CONTRIBUTE FUNDS -LOCAL GOVERNMENT County: Kerr Federal Project No: ROW CSJ No: 0526-O1-016 ROW Account No: 8015-O1-070 Highway: State Spur 98 This Agreement by and between the State of Texas, acting by and through the Texas Deparhnen[ of Transportation, hereinafter called the State, and Kerr Count ,Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated them(' day of~~~c•s!-ZC~ _-,hereinafter called the Local Government, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way for a highway project on Highway No. SS 98 with the following project limits: From: James Road To: FM Highway 1338 (Goat Creek Road.); and WHEREAS, the Local Government requests that the State assume responsibility for acquisition of all necessary right of way for said highway project; and WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 TAC, § 15.55 for the cost of acquiring said right of way for the proper improvement of the State Highway System; NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local Government shall contribute to the State an amount equal to ten percent (10%) of the cost of the right of way to be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check payable to the Texas Department of Transportation in the amount of Eight Thousand Six Hundred and NO/100 Dollars ($8,600.00), which represents ten percent (10%) of Eighty- Six Thousand and NO/ 100 Dollars ($86,000.00), the estimated total cost of the right of way. If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the State such supplemental amount as is requested. Upon completion of the highway project and in the event the total amount as paid by the Local Government is more than ten percent (10%) of the actual cost of the right of way, any excess amount will be returned to the Local Government by the State. In the event any existing, future, or proposed Local Government ordinance, commissioners court order, rule, policy, or other drrective, including but not limited to those concerning outdoor advertising, aze more restrictive than State law, policy, or directive, and thereby result in any increased costs, then the Local Government will pay one hundred percent (100%) of all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, order, mle, policy, or other directive will be determined by the State at its sole discretion. Donations of real property may be credited to the Local Government's funding obligation for cost of right of way to be acquired for this project. Credit for all real property, other than property which is already dedicated and/or in use as a public road, donated by the Local Government to the State shall be based on the property's fair mazket value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The Local Government will provide to the State all documentation to support the determined fair market value of the donated Form ROW-RM-129 (Replaces Form ROW-RM-129 and ROW-RM-l30) Rev. 9/2001 (GSD-EPC Word 97) Page 2 of 2 property. Such documentation shall include an appraisal of the property by a licensed appraiser approved by the Texas Department of Transportation, Right of Way Division, unless the Local Government determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market value is estimated at no more than $10,000.00. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; providcd however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the State's issuance of a letter of funding authority, and only for property which is necessary to complete this project. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. In the event the Local Government's monetary contributions to the State for acquisition of right of way, when added to its donation credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund to the Local Government of any portion of its contributed money. The cost of providing such right of way acquired by the State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, including but not limited to utility owners involving expenses related to the relocation, removal or adjustment of eligible utilities. THE CO TY OF KERR By: Title: Kerr County Judge Date: 08/26/02 EXECUTION RECOMMENDED: District Engineer, San Antonio, District THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: John P. Campbell, P.E. Right of Way Division Duector PROJECT N0. LIMIT ~7[°~°l[[°lE ®]F °1ClE~A~ I~]EIDAI$'~~'I]EN°~ ®1F 'I°IB.~N~1[~®Ia'~A'~°I®N o ~---~- ID]L~N~ ®]F ]fDIB®]f~®S1E]C~ i, I~I(a]EI°I° ®~ WAS llDI~®JEC~C j S][~U~ 98 i~ ~~Iglg C®LJN'I°~ - - ACCOUNT N0. - - CSJ 0. 0526-0) 5 FROM: JAMES ROAD TO F.M. HIGHWAY 1338 (GOAT CR EK ROAD) NET LENGTH OF PROJECT - 5,949 FEET- 1.13 MILES ~ 7 N wri%r. scv£.r. wv P.O.N. . rf' y=, RNecnmanEed for 4opul RacamcnGeO fur AcyV1 eI1 E'I.'Flf ,. . Fl ncl Wp Accuia if lon Cortpl¢fe~ xw.cuce a~xuNe u.c. m. mmYsy :~ ~~~,~~ Texas Department of Transportation P.O BOX 29928 • SAN ANTONIO, TEXAS 78229-0928 • (210) 615-1110 Kerrville Area Office P. O. Box 294029 Kerrville, Texas 78029-4029 November 18, 2002 Control: 0526-01-016 Highway: Spur 98 From: James Road To: FM 1338 (Goat Creek Road) County: Kerr Hon. Fred Henneke Kerr County Judge Kerr County Courthouse Kerrville, Texas 78028 Subject: Transmittal of Agreement to Contribute Funds. Dear Judge Henneke: Telephone : 8 3 0- 2 5 7-84 44 FAX: 830-896-1660 Attached is the original executed agreement to Contribute Funds for right of way procurement dated November 6, 2002. Should you have any questions please contact Mr. John C. Benke at 210-615-6238. Sincerely, Bill M. Tucker, P.E. Area Engineer ba Attachments An Equal Opportunity Employe ~F /~~ Form ROW-RM-129 (Replaces Porm ROW-RM-129 and ROW-RM-130) Rev. 9/2001 (GSD-EPC Word 97) Page I of? AGREEMENT TO CONTRIBLiTE FUNDS -LOCAL GOVERNMENT County: Kerr Federal Project No: ROW CSJ No: 0526-01-016 ROW Account No: 8015-O1-070 Highway: State Spur 98 This Agreement by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and Kerr Count Texas, acting by and through its duly authorized officials pursuant to an Ordinance or Order dated the, (t° day of~,yuar zGti'Z; hereinafter called the i.ocal Government, shall be effective on [he date of approval and execution by and on behalf of the State. WHEREAS, the State and the Local Government hereby agree to enter into a contractual agreement to acquire right of way for a highway project on Highway No. SS 98 with the following project limits: From: James Road To: FM Highway 1338 (Goat Creek Road.); and WHEREAS, the Local Government requests [ha[ the State assume responsibility for acquisition of all necessary right of way for said highway project; and WHEREAS, the Local Government desires to voluntarily contribute to the State funding participation as defined in 43 TAC, § 15.55 for the cost of acquiring said right of way for the proper improvement of the State Highway System; NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be derived therefrom, the Local Government shall contribute to the State an amount equal to ten percent (10%) of the cost of the right of way [o be acquired by the State and shall transmit to the State with the return of this agreement, duly executed by the Local Government, a warrant or check payable to the Texas Department of Transportation in the amount of Eight Thousand Six Hundred and NO/100 Dollars ($8,600.00), which represents ten percent (10%) of EighTy- Six Thousand and NO/ 100 Dollars ($86,000.00), the estimated total cost of the right of way. If however, it is found that this amount is insufficient to pay the Local Government's obligation, then the Local Government will within thirty (30) days after receipt of a written request from the State for additional funds, transmit to the State such supplemental amount as is requested. Upon completion of the highway project and in the event the total amount as paid by [he Local Government is more than ten percent (10%) of the actual cost of the right of way, any excess amount will be returned to the Local Government by the State. In the even[ any existing, future, or proposed Local Government ordinance, commissioners court order, mle, policy, or other directive, including but not limited to those concerning outdoor advertising, are more restrictive than State law, policy, or directive, and thereby result in any increased costs, then the Local Government will pay one hundred percent (100%) of all such increased costs, even if the applicable county qualifies as an economically disadvantaged county. The amount of the increased costs associated with the existing, future, or proposed Local Government ordinance, order, rule, policy, or other directive will be determined by the Slate at its sole discretion. Donations of real property may be credited [o the Local Government's funding obligation for cos[ of right of way to be acquired for this project. Credit for all real property, other than property which is ahcady dedicated and/or in use as a public road, donated by the Local Government to the State shall be based on the property's fair market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the project and should include the value of the land and improvements being conveyed, excluding any damages to the remainder. The Local Government will provide to the State all documentation to support the detemuned fair market value of the donated Form ROW-RM-129 (Replaces Forth ROW-RM-129 and ROW-RM-130) Rev. 9/2001 (GSD-EPC Word 97) Pag2 2 of 2 property. Such documentation shall include an appraisal of the property by a licensed appraiser approved by the Texas Deparhnent of Transportation, Right of Way Division, unless the Local Government detemunes that an appraisal is unnecessary because the valuation problem is uncomplicated and the fair market value is estimated at no more than $10,000.00. The cost of appraisal will be the responsibility of the State. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. Credit shall be given only for property transferred a[ no cost [o the State after the effective date of this agreement and the State's issuance of a letter of funding authority, and only for property which is necessary to complete this project. Credit shall be in lieu of monetary contributions required to be paid to the State for the Local Government's funding share of the right of way to be acquired for this project. The total credit cannot exceed the Local Government's matching share of the right of way obligation under this agreement, and credits cannot be reimbursed in cash to the Local Government, applied to project phases other than right of way, nor used for other projects. In the even[ the Local Government's monetary contributions to the State for acquisition of right of way, when added to its donation credits, exceed the Local Government's matching share of the right of way obligation, there will be no refund [o the Local Government of any portion of its contributed money. The cost of providing such right of way acquired by [he State shall mean the total value of compensation paid, either through negotiations or eminent domain proceedings, to the owners for their property interests, including but not limited to utility owners involving expenses related [o the relocation, removal or adjustment of eligible utilities. THE COUAjTY OF KERB E ~ UTIO ~ COMMENDED: f ,~ / ~ ' istri ngineer, Ss ntonio, District Title: Kerr County Judge Date: 08/26/02 THE STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. ~~ ~ i~~~ By: John P. Campbell, P.E. Right of Way Division Director /7I/u t~