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199 <br />Te:�as.Highway Department - t <br />Form D -15 -43 <br />`'Page 1 of 2 <br />CONTRACTUAL AGREEMENT <br />FOR <br />RIGHT OF WAY UTILITY ADJUSTMENTS <br />(CITY FORM) <br />STATE OF TEXAS 0 COUNTY Lamar <br />0 PROJECT KW-3001-I-31 <br />COUNTY OF TRAVIS 0 HIGHWAY U. S.-82 (Loop 286 ) <br />AGREEI fNT NO. <br />(To Be Completed By The State) <br />This agreement entered into this loth day of February "x)75 <br />, . <br />by and between the State of Texas, acting by and through the Texas, Highway Department, <br />hereinafter called the State, and the City of ris Paris , Texas, acting. by <br />and throuc -h its duly authorized o €ficial under Y ated 1 th day of <br />H <br />February , 1970 , hereinafter called the City, and Lone Star Gas <br />Company , acting by and through its duly authorized repxeseL�tative, <br />hereirwLter called the Owner. <br />WIHEMAS, the State and City have previous to this data entered into a contract agreeing <br />to ?-candle by separate contract the adjustment, removal or relocation of certain utility <br />facilities -necessitated as a result of highway improvements on the subject project olt <br />the basis of a predetermined firm coimitment for right of way reimbursement approved by <br />the State; <br />41HER. -', the 0 --her, in an affidavit dated January 20 , 19 _, has <br />isserted an interest in certain lands and that this proposed highway improvement wi11 <br />necessitate the adjustment, removal or relocation of certain facilities oy t;i° L>t�ner now <br />'located upon such lands as indicated in the following statement of work:. <br />Relocate some 225 feet of 2 -inch gas distribution line at the intersection <br />of U.S. 82 and F.M. 79 <br />WHEREAS, the State and the City desire to acccmplish the adjustment, removal or relocation <br />of the Owner's utility facilities by entering into an agreement with the Owner; <br />Mlel, 111EREFORE, be it mutually agreed that this contract entered into this date between <br />the parties hereto is intended to implement and effectuate the terms and provisions o- <br />that contract. of January 13 , 19 71 , entered into between the State <br />and the City, as it pertains to right of ,Tay utility adjustments and as it effects the - <br />utility facilities of the Owner. <br />Upon execution of this agreement by the parties hereto the City will, by written notzce, <br />a uthcrize the Owner to proceed with the necessary adjustment, removal or relocation; and <br />the C`.;ner agrees to prosecute such work diligently* to completion in such rr;an ner as will <br />nog result in avoidable interference or delay in either the State's hic'hway construction <br />or in the said work. <br />the 0,7aer will carry out said adjustments, removals or relocations in accordance with <br />=he pa ns attached 'hereto, and the costs paid by the City pursuant to this contract <br />`I11 be full compensation to the Owner for the costs incurred i.n waling such ad jus t; e:? ts, <br />rar.r:o-val.s or relocations. Bills for tr3rk hereuneer shall be sub ^iLted to the City not later <br />than ninety (90) days a?:te_r coa;tpletion of the work. <br />EXHIBIT A <br />