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HomeMy WebLinkAboutRES 04-106 RESOLUTION NO. 04-106 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the Supplemental Utility Agreement Number 1 Reservation of Right of Future Relocation for the City of Beaumont Water Utilities Department on the FM 364 Major Drive Improvement Project. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of May, 2004. ayor Evelyn M. Lord - K �s� toi Texas Department of Transportation Special Utility Agreement Pagc I of 2 12-02 SUPPLEMENTAL UTILITY AGREEMENT NUMBER 1 RESERVATION OF RIGHT OF FUTURE RELOCATION Agreement No. U 1-4023 County: Jefferson Federal Project No.: ROW CSJ No.: 0786-01-064 Highway No.: F.M. 364 Contract No.: This Supplemental Agreement by and between the State of Texas, acting by and through the Texas Transportation Commission, ("State"), and The City of Beaumont, ("Owner"), acting by and through its duly authorized representative, shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the State has deemed it necessary to make certain highway improvements generally described as follows: On Farm to Market Road 364, located from State Highway 124 in Jefferson County to State Highway 105 in Jefferson County, and such improvements require adjusting, removing or relocating Owner's facilities; WHEREAS, the State will participate in the costs of adjusting, removing or relocating certain of Owner's facilities to the extent as may be eligible for State participation; WHEREAS, Owner possesses a property interest located within the confines of the State's highway facility, proof of said property interest is attached to this Agreement as "Attachment A"; WHEREAS, immediate public need necessitates beginning said highway improvements in such a manner that Owner cannot timely acquire a replacement property interest for the relocation of its facilities. NOW,THEREFORE, in consideration of the covenants and agreements herein contained, the parties mutually agree as follows: The Owner agrees to relocate those facilities in conflict with the highway improvements at the State's expense to the limits allowed by law, and agrees to furnish the State with such plans, sketches, and specifications necessary to document such relocation. Said relocation shall be in an area within the highway right of way designated by the State as appropriate for Owner's facilities. The State agrees that by virtue of Owner's property interest, statutory authority and its inability to acquire an appropriate replacement property interest, that Owner shall, subsequent to the adjustment or relocation as set out above, continue to possess the right to the relocation of its facilities at State's expense should there be future highway improvements requiring the adjustment, removal or relocation of Owner's facilities. The State additionally agrees that Owner retains its current property interest located within the State right of way. As a result of Owner's continued property interest, Owner agrees to execute a Joint Use Agreement with the State. EXHIBIT "A" Teas Department of Transportation Special Utility Agreement Page 2 of 2 12-02 The State agrees to participate in the cost of future adjustments, removals or relocations to the extent made necessary by a future improvement to the highway facility by the State. Said future relocation shall consist of an adjustment or relocation into an area deemed by the State as appropriate for Owner's facilities. At the request of Owner at the time of the relocation or adjustment, if any, this future participation may include the relocation or adjustment of the facility to an area outside of the highway right of way. The area of relocation will be acquired at State expense. This relocation will be to an area of comparable size to Owner's current property interest, and Owner agrees to quitclaim its current interest upon purchase of the new interest. Participation by the State in actual costs incurred by Owner for any future adjustment, removal or relocation of its utility facilities shall be in accordance with the laws of the State of Texas applicable at the time of the future adjustment, removal or relocation. This provision is not intended to limit the State's participation in possible future relocations but is intended to ensure that such participation is in accordance with applicable laws. This Agreement shall terminate in the event that Owner no longer holds record title or an easement interest in the property that is the subject of this agreement. Except as expressly provided herein, Owner and the State, by execution of this agreement, do not waive or relinquish any rights they may have under the law. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN WITNESS WHEREOF, the parties hereto have affixed their signatures. Owner: Citv of Beaumont EXECUTION RECO.IvIMENDED: Utility Name By: Authorized Signature District Engineer,Texas Department of Transportation Beaumont District Title: THE STATE OF TEXAS 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 Date: authorized by the Texas Transportation Commission. By: Director,Right of Way Division Date: