Res 2001-182 - Laserfiche WebLink

Home Browse Search

consideration to be paid to the property owner for the acquisition, and shall include the total amount of the closing costs to be paid by the City. g. The City will send the check, along with the Settlement Statement, signed by the City, directly to the Consultant for delivery to the Title Company for the closing. h. Consultant and the Title Company will coordinate the time and place of the closing with the property owner, as expeditiously as possible. The Consultant shall obtain all documents required to convey fee title and/or easement rights to the City or any other agency so designated by the City for the closing. The required documents will be prepared by the Consultant and approved by the City Attorney of San Marcos (the "City Attorney"). The Title Company will pay the property owner at closing. 1. The Title Company will provide copies of all signed documents to the Consultant and property owner at closing. J. After recordation in the Office of the County Clerk of Hays County, Texas, the original documents will be returned by the Title Company to the Consultant, who will deliver the originals to the Contract Manager. k. The Title Company will issue an Owner's Policy of Title Insurance in favor of the City, insuring title to the tract or parcel of land acquired. The original policy will be sent to the Consultant for placement in the appropriate acquisition file. 7. If an offer is refused by a property owner and the property owner submits a written counter offer, the Consultant will make a recommendation to the Contract Manager for review and possible approval of the counter offer, prior to further contact with the property owner. If the counter offer is approved, Consultant will proceed to closing based on the counter offer. 8. In the event the Consultant cannot reach a negotiated agreement to acquire a tract or parcel of land with a property owner, acceptable to the City, the Consultant shall recommend to the City the initiation of proceedings in eminent domain. The City may at any time request that the Consultant cease active negotiations with the property owner, and request that eminent domain activities begin, should the City feel it is in the City's best interest to do so. 9. If negotiations are terminated, the Consultant shall send the property owner and any legal representative a final offer letter (via Certified Mail, return receipt requested), which accurately reflects the City's final offer to purchase the required fee or easement interest in the tract or parcel. 10. Upon completion of the Project, provide to the City a complete acquisition file (the "File") for each parcel. The File will contain copies of all pertinent negotiation information including, but not limited to, all letters and memos, all notes and diary entries summarizing meetings and telephone calls, the title commitment, field notes, all executed deeds, releases and easements, the title policy of insurance where required, and any temporary right of entry agreements or permission letters, as required by the City. 5