Res 2011-067 - Laserfiche WebLink

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Consultant will provide real property owners with the Texas Landowner's Bill of Rights. The Consultant will initially ask the real property owners for a donation of the proposed right -of -way and/or easement. At the City's discretion, the Consultant will tender a compensation amount to the real property owner for settlement. The Consultant will utilize forms and documents prescribed by the City in negotiations with all real property owners. In coordination with the City, the Consultant will prepare the initial offer letter, a memorandum of agreement, instruments of conveyance and any other documents required or requested by the City for the City's review and approval. The Consultant will make at least three attempts, in a timely manner, to initiate face -to -face contacts with real property owners. If the Consultant is not able to initiate face -to -face contact with real property owners, it will conduct negotiations via telephone, fax, email or mail. The Consultant will prepare and send an offer letter to each real property owner based upon the appraised value and /or the City approved value. In addition, the Consultant will respond to real property owner inquiries within two business days of each inquiry. 1.5.2 Analyze the preliminary title reports and /or commitments(s) to determine potential title problems and initiate recommended methods to cure title deficiencies. Review restrictive covenants and other land restrictions. Review corporate resolutions, affidavits, lien releases, etc. The Consultant will obtain all documents to transfer clear title as required by the City and draft title clearing documents. 1.5.3 Provide a copy of the appraisal report for the subject real property exclusively to the real property owner or authorized real property owner's representative. The Consultant will maintain the original signed Receipt of Appraisal. 1.5.4 In the event the terms of the right -of -way or easement conveyance are acceptable to the real property owner, the Consultant will obtain the appropriate real property owner signatures for the subject parcel on an instrument conveying the right -of -way and /or easement to the City. The Consultant will coordinate property closings with the City and title company personnel. 1.5.5 The Consultant will initiate no less than three contacts with the real property owner. When the Consultant determines that acquisition of the property from the real property owner will not be possible, the Consultant will notify the City that an agreement cannot be reached with the real property owner. The Consultant will issu e a Final Offer Letter to the real property owner in a form approved by the City. If the real property owner agrees to the conditions of the Final Offer Letter, the Consultant will obtain the signatures of the real property owner(s) of the subject parcel on an instrument conveying the easement(s) to the City. Compensation owed to a real property owner by the City may be delivered or sent to the landowner by the Consultant. When the deadline for response by the real property owner, as established in the Final Offer Letter, has passed and the real property owner does not agree to the conditions of the Final Offer Letter, the Consultant will notify the City and prepare the condemnation package with request for eminent domain proceedings. 1.5.6 Advise real property owner(s) of the administrative settlement process (which includes closing, document filings, check issuance, etc.). Transmit to the City any written counter offer LAN -North LBJ — Sessom to Holland and 12" Waterline Project Final 4