1593 RES ST OF TX PROPOSES TO MAKE CERTAIN HIGHWAY IMPROVEMENTS ON LOOP 480

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Tcx1s liighway DepartmenC I:ight of Way Division Form D-15-24A Page 1 UTILITY JOINT USE AGREEMENT (non-controlled access highway) THE STATE OF TEXAS X COUNTY LAMAR ~ PROJECT C-221-1-34 COUNTY OF TRAVIS X ACCT. N0. HIGHWAY LOOP 480, Clarksville Street LIrrITS : Fron► C1 arksvi 11 e To approximatelv 100 East or STA 44+09 WHEREAS, the State of Texas, hereinafter called the State, acting by and through the Texas Highway Department, proposes to make certain highway improvements on that section of the above indicated highway. WHEREAS, the Clty Of Pdl^iS , 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 Utility Agreement as executed by Owner on the 17th day of December , 19 73 , 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- wise 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 Texas Highway Department prior thereto, to furnish necessary sketches showing location, type of construction, and methods to be used for protection of traffic, and if, in the opinion of the Texas Highway Department, such alteration, modification, or new construction will injure the highway or endanger the traveling public using said highway, the Texas Highway Department shall have the right, 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. In the,event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, either party herto may at their 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 relocation or adjustment of utility facilities required by highway construction shall be in accordance with and to the extent possible under applicable laws of the State of Texas. Except EXHIBIT A