Section 4: Payment Submissions for Negotiated Parcels (for State)
Anchor: #i1002527Procedure
Payment requests for negotiated parcels must consist of the following items. The handling of exceptional instances, where the executed deed cannot be included in the submission, is described in Payment When Escrow Procedure is Used.
|
Item |
Description |
Number of Copies |
Signer |
|---|---|---|---|
|
1 |
Owner Title Insurance Policy Commitment |
1 - - |
Title insurance company must sign. |
|
2 |
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. |
|
3 |
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 together. However, if simultaneous payment cannot be made (e. g., for undivided interests in a parcel), the TxDOT's payment request should include a statement indicating that the payment assembly represents only the interest: (1) in the property indicated on TxC Payment Request, and (2) in the instruments of conveyance. The remaining interest must be acquired separately by negotiation or ED proceedings. TxDOT's payment request for the remaining outstanding interest must make reference to the interest previously purchased. If the title insurance company issues separate commitments for undivided interests or for fee and leasehold interests, a single title insurance policy should be issued and a statement to this effect must be included in the TxDOT'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 Chapter 6, Section 1 - Overview of this volume for more information).