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TEXAS TRANSPORTATION COMMISSION
REAGAN County MINUTE ORDER Page 1 of 2 SAN ANGELO District
In the city of Big Lake, REAGAN COUNTY, on US 67, the state of Texas acquired an easement interest in certain land for highway drainage purposes by instrument recorded in Volume 29, Page 521, Deed Records of Reagan County, Texas.
A portion of the easement (Tract 1), described in Exhibit A, is no longer needed for highway purposes.
In accordance with V.T.C.A., Transportation Code, Chapter 202, Subchapter B, the Texas Transportation Commission (commission) may recommend the exchange of an interest in real property acquired but not needed for a highway purpose as whole or partial consideration for another interest in land needed for a state highway purpose.
PTCAA Texas, L.P., (owner) has granted to the state an easement interest in certain land (Parcel 1E), described in Exhibit B, needed for a state highway purpose. The owner is also the owner of the fee in the property and has requested that Tract 1 be released in exchange and as partial consideration for Parcel 1E.
V.T.C.A., Transportation Code, Chapter 201, Subchapter D, authorizes the Texas Department of Transportation (department) to accept donations of real property for the purpose of carrying out its functions and duties.
V.T.C.A., Government Code, Chapter 575, requires the commission to acknowledge the acceptance of a gift or donation valued at over $500 by majority vote at an open meeting not later than the 90th day after the date the donation is accepted.
An Agreement Concerning the Donation of Property to the Texas Department of Transportation (donation agreement) has been executed by owner and tendered to the department for acceptance under the provisions of Title 43, Texas Administrative Code, Chapter 1, Subchapter M, since the value of Parcel 1E, which is $59,718, exceeds the value of Tract 1, which is $36,199, resulting in a difference in value of $23,519.
Owner has executed and delivered an easement document under the terms of the donation agreement to grant Parcel 1E to the state and have requested that the state's right and interest in Tract 1 be released to the owner.
It is the opinion of the commission that it is proper and correct that the state release its interest in Tract 1 in exchange and as consideration for the partial donation and the conveyance of Parcel 1E to the state.
IT IS THEREFORE ORDERED by the commission that it acknowledges the acceptance of the donation of $23,519 in accordance with Title 43, Texas Administrative Code, Chapter 1, Subchapter M.
TEXAS TRANSPORTATION COMMISSION
REAGAN County MINUTE ORDER Page 2 of 2
SAN ANGELO District
FURTHER, in consideration of the foregoing premises and in accordance with V.T.C.A.,Transportation Code, Chapter 202, Subchapter B, the commission finds that Tract 1 is no longerneeded for a state highway purpose and recommends, subject to approval by the attorney general, thatthe governor of Texas execute a proper instrument releasing the state’s right and interest in Tract I toPTCAA Texas, L.P., in exchange and as consideration for Parcel YE and partial donation to the state.
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EXHIBIT B to MINUTE ORDER
EXHIBIT B to MINUTE ORDER
EXHIBIT B to MINUTE ORDER