Res 1998-233 - Laserfiche WebLink

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Teu. Depamnent of Transportatioa Fonu D-lS-2"A 36. Pasclof2 Rev. 12191 Utility Joint Use Agreement (Noa-CootroUed Acœss Highway) Agreement No. THE STATE OF TEXAS J County Hays J Federal Project No. COUNTY OF HAYS J CSJ No. 229301015 ROW Account No. 8014-1-90 Highway No. F.M. 2439 Limits From 1F.M. 3407 to approximately 0.85 miles south at Engjoeer' s Station 142 +00 I WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Depart- ment of Transportation, proposes to make certain highway improvements on that section of the above- indicated highway; and WHEREAS, the City of San Marcos ,herein- after called the Owner, proposes to retain, locate or relocate certain of its facilities and retain tìtle to any property rights it may have on, along or across, and wìthin or over such limits of the rughway right of way as indicted on the plans attached to Standard Utility Agreement as executed by Owner on the 22nd day of December , 19 ~ , or on location sketches attached hereto except as provided hereinbelow; NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way limits as such area is defmed and to the extent indìGated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or otherwise under law has the right to alter, modìfy or add to facilities presently located within the area above described or construct additional facilities therein, such right is hereby retained, provided, however, if existing faciliries are to be altered or modifted Of new facilities constructed within said area the Owner agrees to notify the Texas Department of Transportarion prior thereto, to furnish necessary sketches showing location, type of construction and methods to be used for protection of traffic, and if, in the opinìon of the Texas Department of Transportation, such alteration, modification or new construcrion will injure the highway or endanger the traveling public using saìd highway, the Texas Department of Transportation shall have the right, after receipt of such notice, to prescribe such regulations as necessary for the protecrion of the highway facility and the traveling public usfug said highway; pro- vided further, however, that such regulations shall not extend to the requìring of the placement of intended overhead lines underground or the rouring of any lines outside of the area of joint usage above described. In the event of an emergency, it being evident that immedìate acrion is necessary for protectìon of the public and to minimize property damage and loss of investment, either party hereto may at theu own responsibility and risk make necessary emergency repairs, notifying the other party hereto of this action as soon as is practical. Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility facilities required by highway construcrion shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except as expressly provided herein, (I) the Owner's rights of access to the through-traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public, and (2) the Owner and the State, by execution of this agreement, do not - waive or relinquish any right whìch they may have under the law or Constitution, State or Federal. In the event the O\\'fler fails to comply with the requirements as set out herein, the State may take such action as it deems appropriate to compel compliance. -- ~