NORTH TEXAS TOLLWAY AUTHORITY

RIGHT OF ENTRY

This Right of Entry is between the North Texas Tollway Authority (NTTA) and ______, Owner, or authorized

Representative of the real property described as Parcel No. ______shown on the attached Exhibit A. That portion of the property that is proposed to become a part of______is shaded on Exhibit A (proposed Right of Way).

The Owner, or authorized representative, hereby grants a Right of Entry to NTTA, its contractors, consultants, agents, and all others NTTA deems necessary to perform work required for the completion of the design, surveying, environmental studies, and other work required to be performed prior to acquisition of the proposed Right of Way.

  • The owners reserve all rights, title, and interest in and to the property, and this Right of Entry shall in no way prejudice Owner’s right to receive full and just compensation as allowed by law for any interest in and to the property that is acquired by the NTTA; and damages, if any, to the remainder of the Owner’s interest to and in the property.
  • This Right of Entry shall not prejudice Owner’s rights to any relocation benefits for which the Owner would be eligible.
  • The Owner, or authorized representative, grants NTTA the right of ingress and egress over and across the property for the purpose of accessing the proposed Right of Way.
  • The Owner understands that environmental studies may involve examining the vegetation, hydrology, and soil characteristics of the land to assist in the determination of the presence or absence of wetlands, threatened or endangered species, hazardous materials, and cultural resources. Minor shovel testing may be required for these studies to dig exploration holes approximately 20” deep by 10” wide. Environmentally sensitive areas may be temporarily marked with wooden stakes for surveying purposes to determine their exact location relative to the proposed ROW alignment. Photographs may be used to document current site conditions, data locations, cultural resources, or other environmentally sensitive areas.
  • All exploration holes will be backfilled, all gates will be left as found; closed gates will be left closed, and open gates will be left open.
  • The Right of Entry shall be effective the date this document is executed and shall remain in effect until the proposed Right of Way is acquired in the name of the NTTA.
  • NTTA will notify the Owner, or authorized representative, a minimum of 24 hours prior to the use of this Right of Entry. The Owner, or authorized representative, shall have the right to accompany any or all operations being performed as a result of the use of this document.
  • NTTA will defend, indemnify, and hold the Owner harmless against any and all claims for bodily injury or damage to the property of any third parties arising out of the use of this Right of Entry, and will be responsible for the safety of all its employees, contractors, consultants, invitees and agents who enter onto the property.
  • If there are any tenants or lessees on the property who must be contacted, the Owner, or authorized representative, agrees to contact them or to provide NTTA the names and contact numbers so that NTTA may give them proper notice prior to entering the property.
  • The Right of Entry shall extend to and bind the parties, their heirs, executors, administrators, legal representatives, successors, and assigns.
  • If Owner is other than the individual shown above, the undersigned representatives of the Owner warrants and represents that he or she is duly authorized and empowered to enter into and to execute this Right of Entry on behalf of the Owner.

IN WITNESS WHEREFORE, this instrument is executed on and shall be effective as of this

______day of ______, ______

OWNER______NTTA’s Authorized Representative

Signature______Signature______

Printed Name______Title______

Title______

Address

______

______

______

ROW-02-F1, Rev0Page 1 of 2Release Date: 03/18/2010