1974 - Laserfiche WebLink

Home Browse Search

139 ' Texas Highway Department Right of Way Divis Form D- 15 -24A Page 1 I UTILITY JOINT USE AGREEMENT (non - controlled access highway) THE STATE OF TEXAS COUNTY Lamar PROJECT P..1- 8001- -2 -II. COUNTY OF T ACCT. NO. - - IL2 ; HIGHWAY _ Loon 286' LIMITS: From U.S. 82 °•TVs o= �a r� To 0.2 r±lIes r t or U.o e 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 City o- Paris , 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 = ram rvt- �bi-e'_t'`3F4Fii?�'-tiv �a b;d location sketches attached hereto except as provided below. NOW, THEREFORE, it is hereby mutually agreed that joint usage for both highway a 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 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 locate= within the area above described or construct additional facilities therein, such , right is hereby retained, provided, however, if existing facilities are to be alter c or modified or new facilities constructed within said area the Owner agrees to note. the Texas Highway Department prior thereto, to furnish necessary sketches showing A 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, modificat9....1 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 tlx:= highway facility and the traveling public using said h.ighGJay; 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 fo: 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 ac -d with and to the extent possible under applicable laws of the State of Texas_ Exc�t EXHM tT B