Res 2006-096 - Laserfiche WebLink

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.. -----.----..., and all agreements will remain in effect until appropriate title to the New Right of Way is conveyed to the State of Texas. 2.3.2. The Developer will provide the Department with a certification that it has received the Department's Right of Way Manual Collection and that it will comply with the procedures in that collection. 2.3.3. For each parcel to be acquired, the Developer will use checklists approved by the Department. 2.4. The Developer will prepare right-of-way maps, field notes, parcel plats, and other data as needed to describe the right-of-way and access rights necessary for the Project. 2.4.1. The field notes and parcel plats will be signed and sealed by a Registered Professional Land Surveyor currently licensed by the "Texas Board of Professional Land Surveying." 2.4.2. Copies of this data for a representative segment of right of way will be delivered to the Department before beginning the standard process for acquisition of right of way for each individual highway improvement. 2.5. The Developer will acquire in the name of City of San Marcos and State of Texas fee simple title and any required drainage channel easements free and clear of all liens and encumbrances for all land to be used as right-of-way for the Project. 2.5.1. Title to the New Right of Way will exclude oil, gas, and sulfur from the deed without any right in the owners to ingress or egress to or from the surface of the land for the purpose of exploring, developing, drilling, or mining. 2.6. The Developer is responsible for the negotiation of access points at the time of acquisition based on Department's Roadway Design Manual, the Department's Access Management Manual, and the preferred engineering access points shown on the schematic for the highway improvement. 2.6.1. The access points for each highway improvement will be incorporated into the deed when the property is acquired and will be transferred to the Department when that highway improvement is completed. 2.7. Subject to the force majeure provisions of this Agreement, the Developer will ensure that all right-of-way used in constructing the Project will be free and clear of all hazardous materials and contaminants. All costs associated with the detection and remediation of the hazardous materials and contaminants shall be borne by the Developer. The Developer shall provide written documentation from appropriate regulatory agencies that all known hazardous materials and contaminants in the right of way have been adequately mitigated or that the Developer otherwise meets the requirements for regulatory closure. 2.8. The Developer will, upon completion of individual highway improvements, convey all ownership of the New Right of Way to the State of Texas through the Department. The conveyance shall be in a form acceptable to the Department and shall be of fee simple title. Developer shall also convey all applicable conveyance instruments to the Department for its permanent files. Attachment D Page 3 of 11