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M~R 05 2003 11:27 FR TX DOT ROW 512 832 7248 TO 85123963796 P.04/04 form ROW-RM-129 (R':fll:1c~s FOl'm ROW.RM-129 ~l1d ROW.RM-130) Rev. 9/2001 (GSD-EPC Wl.lrd 97) Page 2 of 2 properly. Such documetHation shall include an appraisal of the property by a licensed appraiser approved by the Texas Department ofTransport3tion, Right of Way Division, unless the Local Government determines that an appraisal is unnecessary because the valuation problem is uncomplicated and the fair milrket value is estimated al no more than $10,000.00. The cost of appraisal will be the responsibility of the Slate. The State will review the submitted documentation and mOlkc a finill determination of value; provided however, the State may perform any <ldditional im'estigation deemed neecsSOlry. including supplemental appraisal work by State emplo)!ccs or employment of fee Olppraisers. Credit shall be given only for property transferred at no cost to the Slate 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 contriblllions required to be paid to theSt:llc for the Local Government's funding share of the right of way to be acquired [or this project. The total credit cannot exceed [he Local Government's matching share of the right of way obligarion under this agreement, and credits cannor 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 Loc~1 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 10 the Local GovernmClll of any ponion of its contributed money. The cost of providing such right of way i1cquired by the State shall mean the total villue 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 LOCAL GOVERt"lMENT EXECUTION RECOMMENDED: By; ores 4Ui-~ City Manager -(2'.r~~ D.'E' .~ IStrlct ngmecr, Ausrm Ismc! . Title: Fd; Date: February 12, 2002 THE STATE OF TEXAS Executed and approved for [he Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretoforc approved and autho .zed by the Texa Tr 0 i mmi on By: Date: e4/o-r/7-