Section 6: Payment When Escrow Procedure is UsedAnchor: #i1002624
If the landowner will not execute and escrow the deed but will execute the MOA, the Agreement must be forwarded with the payment request for the parcel. The state warrant must be escrowed with a state or national bank as required by Transportation Code, Section 203.061.
If the owner refuses to execute a deed or a Memorandum of Agreement, TxDOT's request to the ROW Program Office for issuance of a state warrant to be placed in escrow must be supported by:
- Anchor: #UPTCLOJH
- the usual copies of a title insurance policy commitment, form ROW-N-ACA Attorney’s Certificate “A” Initial Certificate for Negotiated Parcels (see Payment Procedures for Negotiated Parcels (for LPA) ) and, if possible Anchor: #RQNNYJDB
- a written indication by the owner that the offer and the placing of the state warrant in escrow is acceptable.
TxDOT’s payment request must include:
- Anchor: #RJBQMLNN
- state or national bank's name, street address, and town or city, and Anchor: #PAJAVSCE
- the name of the bank official with whom the state warrant can be placed in escrow.
An escrow agreement must be written by the Financial Management Division for use in escrowing the state's warrant and must be transmitted to the right of way staff with the warrant.