Right of Way Acquisition. The City will, in its own name, as provided by law, acquire by purchase, dedication or condemnation all the Right of Way shown on the final Design Plans in accordance with the schedule established by KDOT. The City agrees the necessary Right of Way shall be acquired in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987, and administrative regulations contained in 49 C.F.R. Part 24, entitled Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. The City shall certify to the Secretary, on forms provided by the KDOT’s Bureau of Local Projects, such Right of Way has been acquired. The City further agrees it will have recorded in the Office of the Register of Deeds all Right of Way, deeds, dedications, permanent easements and temporary easements.
Right of Way Acquisition. With respect to the acquisition of any off-site interest in real property required by Developer in order to fulfill any condition required of the Project, the Entitlements or the Subsequent Entitlements, Developer shall make a good faith effort to acquire the necessary interest by private negotiations at the fair market value of such interest. If, after such reasonable efforts, Developer has been unable to acquire such interest and provided that Developer (i) provides evidence of a good faith effort to acquire the necessary property interest to the reasonable satisfaction of City’s Community Development Director and (ii) agrees to pay the cost of such acquisition, including reasonable attorneys’ fees, then City shall make an offer to acquire the necessary property interest at its fair market value. If such offer has not been accepted within sixty (60) days, City agrees, to the extent permitted by law, to cooperate and assist Developer in efforts to obtain such necessary property interest. Any such acquisition by City shall be subject to City’s discretion, which is expressly reserved by City, to make the necessary findings, including a finding thereby of public necessity, to acquire such interest. Subject to the reservation of such discretion, City shall schedule the necessary hearings, and, if approved by City, thereafter prosecute to completion the proceedings and action to acquire the necessary property interests by power of eminent domain. Developer shall fund all costs of the acquisition of such necessary property interests, including reasonable attorneys’ fees and court costs in the event that such acquisition and/or condemnation is necessary. The cost of rights-of-way for any eligible public facility shall constitute a creditable and/or reimbursable cost and City shall take all necessary steps to include such costs in the applicable fee program. As such, any costs incurred by Developer in the acquisition of such rights-of-way shall be credited to Developer against the applicable fee obligations for the development of the Project. In accordance with Government Code Section 66462.5, City shall not postpone or refuse approval of a final map at the Property because Developer has failed to satisfy a Tentative Map condition because Developer has been unable to construct or install an offsite improvement on land not owned or controlled by Developer or City at the time the final map is filed with City for approval. If determined by City to be necessary, Xxxx...
Right of Way Acquisition. (1) The DEVELOPER shall be responsible within the time frames set forth in this DA for right-of-way requirements as set forth above (except where the COUNTY has agreed to acquire the right-of-way or has already acquired the necessary right-of-way) necessary for the construction of the Required Roadway Improvements described above which may include, but not be limited to, lanes of travel, shoulders, striping, signalization, signage, medians, on-site stormwater drainage facilities, off-site stormwater drainage facilities, floodplain mitigation, wetland mitigation, guardrails, handrails, sidewalks, and any other necessary appurtenances. The DEVELOPER shall be responsible for selecting and retaining all consultants for acquisition of right-of-way for the Required Roadway Improvements which may include, but not be limited to, competent and qualified attorneys, engineers, surveyors, title companies, appraisers, land planners, certified public accountants, business damages experts, contractors, horticulturists, and any other consultants considered necessary by the mutually agreeable attorney, discussed below.
(2) While it is not anticipated that additional right-of-way will be required for the S.R. 54 Improvement Pipeline Projects, if necessary, efforts will be made by the COUNTY and DEVELOPER to have the FDOT enter into a Joint Participation Agreement, Letter of Understanding, or otherwise provide a means for the COUNTY to act as a condemning authority with regard to any additional right-of-way required for the S.R. 54
Right of Way Acquisition. The Design-Builder shall provide ROW acquisition services under this Contract for property identified to be necessary for the Project as determined by final design. The Design-Builder shall conduct ROW acquisition services up to and until expropriation of property, including, but not limited to, those activities identified in Part 3 - Design Requirements and Performance Specifications, Appendix A – Performance Specifications, ROW Acquisition Performance Specification. All activities conducted by the Design-Builder under this Contract must be performed in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 USC Chapter 61) and with 23 Code of Federal Regulations Part 710, specifically 23 C.F.R. § 710.313 ("Design-Build Projects"). In the event of any conflict between the provisions of this Section 6.1; the provisions of Part 3 - Design Requirements and Performance Specifications, Appendix A - Performance Specifications, ROW Acquisition Performance Specification; and Part 2 - DB Sections 100s, DB Section 107-20, the following order of precedence shall occur:
A) This Section 6.1;
B) The ROW Acquisition Performance Specification; and
C) DB Section 107-20 (including DB Sections 107-20.1, 107-20.2, and 107-20.3).
Right of Way Acquisition. If during the course of the design phase, the Design-Build Team proposes a span arrangement that eliminates the contract line item for Interior Bent Caps for that bridge, then the provisions of Article 104-12 of the Standard Specifications will apply. Any bridge length specified in the Structure Scope of Work of 70 feet or less shall be cored slab unless otherwise specified therein. If during the course of the design, the Design-Build Team demonstrates to the Department’s satisfaction that a bridge that is specified in the Structure Scope of Work as 70 feet or less must be revised to a length in excess of 70 feet such that a cored slab design will not suffice, then adjustment will be made to the partial payments made to Design-Build Team per the unit price bid for linear feet of Bridge Length. In addition, the provisions of Article 104-7 of the Standard Specifications will apply as to the change from a cored slab superstructure to the final design superstructure type. The Structure Scope of Work does not specify a size of superstructure (e.g. 21” deep cored slab) or foundation pile size (e.g. 12 x 53); instead the determination of these sizes is the responsibility of the Design-Build Team. No additional compensation will be provided for any increase in specific size of superstructure or foundation type. However, if during the course of the design or permitting phase, the Design-Build Team demonstrates to the Department’s satisfaction that the foundation type (e.g. steel piles or drilled piers) or superstructure type (e.g. cored slab), as specified in the Structures Scope of Work will not be adequate, then the provisions of Article 104-7 of the Standard Specifications will apply. For bridges that are proposed as multiple span bridges in the Structure Scope of Work, cored slabs and box beams are considered to be the same superstructure type for this purpose. If during the course of the design or permitting phase, the Design-Build Team proposes a more economical foundation type or superstructure type from those specified in the Structures Scope of Work, then the provisions of Article 104-12 of the Standard Specifications will apply. In the event, that the width of superstructure specified in the Structures Scope of Work is inadequate, as demonstrated through the pertinent approved design submittals, then provisions of Article 104-7 of the Standard Specifications will apply. In such case, the unit contract price bid per Each for Interior Bent Caps and End Xxxx...
Right of Way Acquisition. No acquisition of additional right-of-way is anticipated in connection with Job No. J6I3029B or contemplated by this Agreement.
Right of Way Acquisition. Upon approval of all agreements, plans and specifications by the Commission and the Federal Highway Administration (FHWA), the Commission will file copies of the plans with the city clerk of the City and the county clerk of the county and proceed to acquire at its expense, at no cost or expense to the City, any necessary right- of-way required for the construction of the improvement.
Right of Way Acquisition. Amtrak shall acquire all NY HTP ROW (as defined in Section 7.02(a)), as further described in Article VII.
Right of Way Acquisition. New Jersey shall acquire all NJ HTP ROW (as defined in Section 7.02(a)), as further described in Article VII.
Right of Way Acquisition. As used here, “Right-of-Way” defines what can be purchased in relation to railroad right-of-way under the RTAP program. The Bureau will allow up to 50% of the grant award to be used to acquire right-of-way in “fee simple”. “Right-of-way”, as defined by the Bureau, is all real estate located beneath and between all tracks present and (to allow adequate clearance for construction equipment, emergency repair/derailment work, maintenance, etc.) extending out horizontally: 1) at a 90 degree angle to and for a distance of 25 feet from the center line of the outermost track(s) in a direction away from the other track(s) present (if more than one track present) or; 2) at 90 degree angles both to the left and to the right of track center line for a distance of 25 feet from the track center line (if single track only) on a rail line(s), siding(s), or spur(s). Each individual case will be reviewed by the Bureau Director or Deputy Secretary to determine if other land acquisition uses will be permitted.
