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Section 9: Submission Package to the ROW Program Office in Austin

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Contents of Package

Include the following in the package submitted to the ROW program office in Austin for review and processing:

  • memorandum from the department which includes the following:
    • recommendation to lease
    • proposed use under the lease
    • proposed term under the lease
    • statement that the right of way, or TxDOT asset, will not be needed for highway purposes during the term of the lease
    • statement that the lease be consistent with beautification, maintenance, and operation of the system (43 TAC §21.602)
    • statement that the lease be economically beneficial to TxDOT (43 TAC §21.602)
    • statement that the use will not present a safety hazard to the traveling public
    • acknowledgement that the first rental payment has been received and deposited if leases are being submitted for execution.
  • written request from the entity proposing the lease with contact information for billing purposes (including name, address, and phone number of the responsible party)
  • department's recommendation of fair market value, including a copy of Form ROW-L-10, Tabulation of Values - Leasing
  • final draft of the lease agreement or three originals executed by the lessee
  • property description and sketch of the area to be leased
  • location map with a north arrow
  • description and sketch of any improvements proposed to be constructed
  • corporate resolution or other similar document (as proof that the designated person is authorized to sign the lease), if the lessee is a corporation, joint venture or partnership
  • appropriate insurance certificate and bond (if required), if the department is submitting a lease to be executed.

Provide the following additional information if TxDOT is leasing back (to the previous owner or tenant) right of way that has been acquired for future improvements to the highway:

  • clarification of the ownership of any existing improvements
  • clarification of any bisection of improvements
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