Res 1992-091 - Laserfiche WebLink

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153 SIJ'.te Dep8rtmeøl or HipW1l)'S .ad Public Tnllllpcmatloø Form D-l5-30A pqe 1 or 2 Rev. 11-16 Utility Joint Use Agreement (Controlled Access Highway) Agreement No. THE STATE OF TEXAS I County Hays I Project No. COUNTY OF TRAVIS I CSJ No. 0016-03-070 Account No. 9014-5-22 Highway No. loR. 35 Limits: From S.H. 123 To Cornal County Line WHEREAS, the State of Texas, hereinafter called the State, acting by and through the State Department of Highways and Public Transportation, proposes to make certain highway improvements on that section of the above-indicated highway; and WHEREAS, the City of San Marcos , hereinafter called the Owner, proposes to retain, locate or relocate certain of its facilities and retain title to any property rights it may have on, along or across, and within or over such limits of the highway right of way as indicated on the plans attached to Standard Utility Agreement as executed by Owner on the 11 th day of Auqust , 19 ~, or on location sketches attached hereto except as provided below; 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 defined and to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of ownership of an easement or fee title or other.¥ise under law has the right to alter, modify 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 facilities are to be altered or modified or new facilities constructed within said area the Owner agrees to notify the State Department of Highways and Public Transportation prior thereto, to fur- nish necessary sketches showing location, type of construction, and methods to be used for protection of traffic, and if, in the opinion of the State Department of Highways and Public Transportation, such altera- tion, modification, or new construction will injure the highway or endanger the traveling public using said highway, the State Department of Highways and Public Transportation shall have the right, within 30 days after the receipt of such notice, to prescribe such regulations as necessary for the protection of the highway facility and the traveling public using said highway; provided further, however, that such regulations shall not extend to the requiring of the placement of intended overhead lines underground or the routing of any lines outside of the area of joint usage above described. Owner hereby agrees that access for servicing its facilities normally will be limited to access via (a) frontage roads where provided (b) nearby or adjacent public roads and streets, or (c) trails along or near the highway right of way lines, connecting only to an intersecting road; from anyone or all of which entry may be made to the outer portion of the highway right of way. Where supports, manholes, or other appurtenances of the Owner's facilities are located in medians or interchange areas, access to them from the through-traffic road- ways or ramps will be permitted but only by permits issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users. If an emergency situation occurs, and the usual means of access for service operations as herein provided will not permit the immediate action required by the Owner in making emegency repairs as required for the safety and welfare of the public, the Owner shall have a temporary right of access to and from the through-traffic roadways and ramp as necessary to accomplish the required emergency repairs.