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Section 4: Payment Submissions for Negotiated Parcels (for State)

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Procedure

Payment requests for negotiated parcels must consist of the following items. The handling of exceptional instances, where the executed deed can not be included in the submission, is described in Payment When Escrow Procedure is Used.

Anchor: #i1001522Components of Payment Request for Negotiated Parcels (State)

Item

Description

Number of Copies

Signer

1

ROW-A-15, Payment Request

3

Right of Way Agent signs original.

2

Owner Title Policy Commitment

Or

Attorney's Certificate "A"

1

-

-

1

Title company must sign. Attorney must sign.

3

True and Correct Copy of Signed Deed

1

Signed by grantors. Submission must include an executed copy of the deed bearing certification that it is a true and correct copy. This certification should be placed on the first page of the deed, either in the margin or in the blank space at the heading of the deed.

4

Memorandum of Agreement (MOA)

1 (optional)

District Engineer (or authorized representative) and grantors sign one original.



Normally, payment requests for all interests in a parcel must be forwarded to the ROW Program Office in Austin together. However, if simultaneous payment can not be made (e. g. , for undivided interests in a parcel), the Department's payment request should include a statement indicating that the payment assembly represents only the interest: (1) in the property indicated on ROW-A-15, Payment Request, and (2) in the instruments of conveyance. The remaining interest must be acquired separately by negotiation or ED proceedings. The Department's payment request for the remaining outstanding interest must make reference to the interest previously purchased. If the title company issues separate commitments for undivided interests or for fee and leasehold interests, a single title policy should be issued and a statement to this effect must be included in the Department's transmittal of the payment request.

In rare instances, if less than the State's approved value will be paid for a negotiated interest according to the owner's desires, then files must contain information documenting circumstances resulting in acquisition at less than the value approved. (See paragraph 6, Overview, Chapter 6, of this Volume, for more information).

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