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HomeMy WebLinkAboutResolution - 011460G - ROW Agreement - Texas Highway Dept. - Loop 289 Project, Spur 331 Portion - 01_14_1960 V-08 we6 -' IF RESOLUTION WHEREAS, the City of Lubbock has heretofore entered into certain con- tractual agreements with the State of Texas acting through the State Highway Department for right of way procurement in connection with Loop 289 of Lubbock County, Texas; and, WHEREAS, the State has.deemed it necessary to make certain highway im- provements in conjunction with said Loop 289 and being described as Spur 331 beginning at Loop 289, Southeast and U. S. Highway No. 84; and, WHEREAS, it is proposed that the right of way necessary for this portion of Loop 289 be acquired by the City of Lubbock as more particularly shown by the terms and form of contract attached hereto and made a part hereof; NOW THEREFORE: BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: THAT the agreement attached hereto and made a part hereof be and the sam is hereby adopted, ratified and confirmed as the agreement between the City of Lubbock and State Highway Department relating to the acquisition of right of way for Spur 331 connecting with Loop 289 and the Mayor .of the City of Lubbock is hereby authorized and directed to execute said agreement on behalf of the City of Lubbock and the City Secretary is authorized and directed to attest the same in her official capacity and as evidence thereof is directed to affix the seal of the City of Lubbock thereon, Passed by the Commission thisl4th day of--January , 1960. N BAX R, ayor �— _ ATTEST FIZ*proved Lave Lowe cretary= reasur r_ Cat AAttorney o Texas Righway Department Form D-15-37 Page 1 of 6 CONTRACTUAL AGREEMENT FOR RIGHT OF WAY PROCUREMENT (CITY FORM) STATE OF TEXAS COUNTY LUBBOCK PROJECT gW-93-1-33 COUNTY OF TRAVIS k HIGHWAY gnjjr 331 This agreement entered into this day of , 199 by and between the State of Texas, acting by and through the Texas Highway Department, hereinafter called the State, and City of Lubbock. Lubbock County, Texas, acting by and through its duly authorized official undue§$J4ffR dated 14 day of January , 19 60 , hereinafter called the City. WHEREAS, the State has deemed it necessary to make certain highway impprovements in con- junction with Highway No. Spur No. 331 located between Loop 269, Southeast and U. S. Highway No. 84 and which section of highway improvements will neces- sitate 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 City; 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 City to proceed with acquisition and the State agrees to reimburse the City for its share of the cost of such right of way providing such acquisition and reimbursement are accomplished 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 City, will do the necessary preliminary engineering and title search in order to supply to the City the data and deed instruments required for right of way purchase. DETERMINATION OF RIGHT OF WAY VALUES: The City agrees to make a determination of property values for each right of way parcel by methods acceptable to the City and to submit to the States District Office a tabulation of the values so determined, signed by the appropriate City representative. Such tabulation 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, and (if a partial taking) damages, if any, or enhancements, if any, to the remainder. This tabulation shall be accompanied by an expla- nation 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 City 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 -spplemental appraisal work by State employees or by employment of fee appraisers, all as may be necessary for determination of values to constitute the basis for State reimbursement. at any stage of the project development it is determined by mutual agreement between Le State and the City that there should be waived the requirement that the City submit to the State property value determinations for any part or all of the required right of way, C Form D-15-37 Page 2 of 6 the City 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 consti- tute the basis for State reimbursement. NEGOTIATIONS: The State will notify the City 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 City without participation by the State. The City will deliver properly executed deeds with title in the name of the State supported by an acceptable title insurance policy for each right of way parcel involved. The costs incidental to negotiation and the costs of recording of the right of way instruments will be the res- ponsibility of the City. The cost of title insurance will be the responsibility of the State. CONDEMNATION: Condemnation proceedings will be initiated at a time selected by the City and will be the City's responsibility at its own expense except as hereinafter indicated. Except as hereinafter set forth under "Excess Takings", the City should file condemnation proceedings in 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. Where it is determined to be necessary, the City may enter condemnation proceedings in its own name. Property acquired for right of way in such case will be conveyed by the City to the State supported by an acceptable title insurance policy. Eligibility for State reim- bursement of values determined by such condemnation proceedings shall be subject to the conditions as hereinafter outlined under the section entitled "Reimbursement". The cost of title insurance will be the responsibility of the State. COURT COSTS, COSTS OF SPECIAL COMMISSIONERS' HEARINGS AND APPRAISAL EXPENSE: Court costs and costs of Special Commissioners'' hearings assessed against the State or City in con- demnation proceedings conducted on behalf of the State and fees incident thereto, will be paid by the City. Such costs and fees as are applicable to the requested right of way, with the exception of recording fees, will be eligible for 50 per cent State reim- bursement under the established reimbursement procedure provided such costs and fees are eligible for payment by the State under existing State law. Where the City 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 testimony and appearing in court to testify in support of his appraisal, will be paid direct by the City, but will be eligible for 50 per cent State reimbursement under established reimbursement procedure provided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the City sha.11 be in accordance with the fee schedule set forth in the appraiser's contract for appraisal services with the State. Reimbursement for court costs, costs of Special Commissioners' hearings and the cost of the State's appraiser as herein set forth will not be paid by the State where the property condemned involves an excess taking, unless the State approves the excess taking EXCESS TAKINGS: In the event the City desires to acquire land in excess of that requested by the State for right of way purposes, the State's cost participation will be limited to the property needed for right of way purposes. If the City elects to acquire the entire property, including the excess taking, by a single instrument of conveyance or in one eminent domain proceeding, the property involved will be acquired in the name of the City and that portion requested by the State for right of way will be conveyed to the State. (0""Ihe State's participation will be based on the State's approved value of that part re- quested for right of wey purposes, providing such approved value does not exceed actual payment made by the City. 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 State Highway Department Administrative Order 8-57, a copy of which is Form'A-15-37 Page 3 of 6 ( '` attached hereto and marked Exhibit "A". Where the owner retains an improvement, which is to be moved by either the City or the owner, the maximum amount in which the State will participate is that figure derived from an application of the provisions of Adminis- trative Order 8-57. 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 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 adequately 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 improvements acquired. Revenue derived by the State from the disposition of any improvements will be credited to the cost of the right of way procured. RELOCATION OF UTILITIES: If the required right of way to be acquired for this project encroaches upon an existing utility located upon its own right of way acquired for utility purposes, and the proposed highway construction requires the adjustment, removal or re- location of the utility facility, the State will establish the necessity, eligibility, and approved firm commitment for the utility work prior to the actual accomplishment of such work, and reach an agreement with the owners of the utility facilities and the City on the exact lump sum amount of reimbursement based upon such prior appraisal. This agree- ment will be accomplished by the execution of a three party contract among the State, the City and the utility owners. The reimbursement by the City to the owners of the utility facilities will be made after proper certification has been made that the work is accom- plished, said reimbursement being on the basis of the prior lump sum agreement. The State will reimburse the City in an amount equal to 50 per cent of this 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 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 except railroads. FENCING REQUIREMENTS: Where fencing is to be a part of the cash consideration paid to the property owner, the appraised estimated cost of fencing will be included in the appraisal, the recommended value and the approved value. Where the City performs right of way fencing as a part of the total right of way consider- ation, the estimated cost of required fencing will not be included in the appraisal, the recommended value or the approved value for each parcel. The State and the City will reach an agreement prior to the actual accomplishment of work as to the necessity, eligibility, and firm commitment of the entire fencing work to be performed on each project. The State's 50 per cent reimbursement to the City will be made after proper certification has been made that the work is accomplished and payment made therefor, said reimbursement being on the basis of the agreement. 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 circumstances involved. REIMBURSEMENT: The State will reimburse the City for right of way acquired after the date ,f 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 reim- bursement will be in the amount of 50 per cent of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. The State will reimburse the City in the amount of 50 per cent of the firm commitments for utility adjustments and right of way fencing performed by the City in accordance with the terms and provisions of t Form D-15-37 Page 4 of 6 ("`separate contracts to be executed. The State's reimbursement for other right of way costs are defined elsewhere in this agreement. 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 proceedings and prompt notice is also given as to all action taken therein. The State shall have the right to become a party to the proceedings 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 City as provided by other provisions of this agreement. 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 is needed and not yet dedicated, in use, or previously acquired in the name of the State or City for highway, street, or road purposes. It is further understood that if unusual circumstances develop in the right of way acqui- sition which are not clearly covered by the terms of this agreement, such unusual circum- stances or problems will be resolved by mutual agreement between the State and the City. CITY OF LUBBOCK , TEXAS THE STATE OF TEXAS BY: Certified as being executed for the Mayor purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway Commission: By: Executed as State Highway Engineer and approved for State Highway Commission. ATTEST: RECOMMENDED FOR APPROVAL District Engineer Program Engineer Chief Engineer of Highway Design Right of Way Engineer o D-15-37 Page 5 of 6 Exhibit "All COMMISSION ITATC N14MWAY LNOINL[n D.C.GREEN E. N. TNORFTOM, ,R., rAESKA« Follrar TEXAS HIGHWAY, DEPARTMENT RESIDENT C. PETRY. JR. AUSTIN I 4 , T t N A April 4, 1957 IN REPLY REFER TO ME NO. DCG ADMINISTRATIVE ORDER NO 8-57 SUBJECT: POLICY ON DISPOSAL OF IMPROVEMENTS ON STATE PURCHASED RIGHT OF STAY TO: ALL DISTRICT ENGINEERS, ENGINEER-MANAGER AND DIVISION HEADS —' 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 Way 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 v D-15-37 Page 6 of 6 „ xhibit "A" ( -2- purchase price for his property by an amount equal to 15% 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 improvements 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 recommended offer price for the total parcel. Me e yours Greer State Highway Engineer Distribution: District Engineers Resident Engineers Engineer-Manager Division Heads