Section 4: Permits for Passes (for State)Anchor: #i1000285
When pass rights are retained and the owner contributes to the pass structure costs, handle pass privileges by retention in the deed or by contractual agreement. However, in some cases, there may be existing structures that the owner desires to use on a permissive basis for pass purposes. As an aid to negotiations, this can be done by including the following clause in the MOA:
"The property hereinabove described is being conveyed for the purpose of construction of a controlled access highway known as (highway name/number). Said highway severs property owned by Grantors with the result that Grantors' remaining property lies on both sides of said highway. Grantors have requested and do hereby request the permissive use of a pass across such highway through the drainage structure as detailed in Exhibit "B" attached hereto, which said Exhibit "B" is incorporated herein and made a part hereof. The Texas Department of Transportation hereby grants such permissive use for pass privileges subject to revocation by the state and at no present or future expense, cost, or liability to the state. Grantors agree to use said pass subject to such regulations as are determined by the Department to be necessary in the interest of public safety and in compliance with approved engineering principles and practice. All work on the highway right of way in connection with pass privileges shall be performed or supervised by the State.”
The granting of a revocable permit in the foregoing manner will require approval from the Design Division through the ROW Program Office.
When a revocable permit for use of a structure as a pass is granted after acquisition, follow usual procedures and direct pertinent correspondence to the Design Division through the ROW Program Office.