TIP/PARCEL NO.: / PROJECT:
WBS ELEMENT:
AGREEMENT TO PURCHASE SURPLUS RIGHT OF WAY HELD IN FEE SIMPLE (Enhancement)
Right of Way Acquired by R/W Agreement, Fee Simple Deed, or Consent Judgment from:Purchase of Surplus Right of Way requested by:
I hereby acknowledge that the procedures for right of way abandonment have been explained to me. I understand that I must have underlying fee title to the property adjacent to the right of way being considered for abandonment. I also understand I must at my expense, provide the Department with a metes/bounds survey by a Professional Land Surveyor, along with a text description of the area(s) to be abandoned. I understand that if the original acquisition was a total take and acquired by the Department through condemnation or if the original owner of the Right of Way owns adjacent property, it will be necessary to secure a release from the former owner. I further understand that I will be required to pay the enhancement value of the right of way being abandoned as well as appraisal costs and any engineering costs determined by the Department to be necessary.
As a guarantee that I would like to pursue this request for right of way abandonment, I hereby agree to pay to the Department of Transportation in advance of the initiation of any procedures by the Department to effect the abandonment, the sum of $3,500.00 as the Department’s estimate of administrative and appraisal costs.
I understand and agree that if I do not complete the procedures associated with this right of way abandonment request within two (2) years from the date this request was approved, said date being ______, 20 _____, all approvals and appraised values will become null and void, unless extended by the Department. In addition, I understand and agree that should I decide, at any time after the execution of this instrument, not to accept the conditions established for the approval of my request of right of way abandonment, all monies paid to the Department of Transportation as a part of this agreement will be forfeited.
I further hereby acknowledge that I have received a copy of the conditions and project plans as approved by the Right of Way Disposal and Control of Access Committee; I acknowledge that these conditions have been explained to me; and, that by this agreement, I acknowledge my acquiescence to these conditions and agree to satisfy them within the time limits set by the Right of Way Disposal and Control of Access Committee.
I am aware that any conveyance of property by the Department is subject to approval by the North Carolina Board of Transportation and in some instances, the Council of State.
Convey surplus right of way to:
Signature of Requesting Party
Accepted: Department of Transportation
BY: / Type Name:
Address:
Telephone #:
FRM14-BB-FS-E (Fee Simple with Enhancement)
Revised 11-21-14