Loading...
ST16-01A-ES211209 December 9, 2021 Buckhead-Coppell Industrial, LP C/O Holt Lunsford Commercial, Inc 5950 Berkshire Ln, Ste 900 Dallas, Texas 75225-5833 RE: S Belt Line Rd Reconstruction Project Sidewalk Easement Dear Property Owner: The City of Coppell intends to construct the S. Belt Line Road Reconstruction Project. This project includes pavement replacement, intersection improvements, utility replacement and rehabilitation, landscaping, and sidewalk construction. We are requesting a sidewalk easement along the frontage of your property adjacent to S. Belt Line Rd. Please review the attached design plan sheets and easement documents. If acceptable, please execute the easement documents and return them to this office. Your consideration of this matter is appreciated. Please contact me if you have any questions regarding the project. Sincerely, Cole Baker, E.I.T. Graduate Engineer Office: 972-304-3562 E-mail: Cole.Baker@coppelltx.gov Enclosures: Design Plan Sheets Sidewalk Easement to be executed Exhibit A Texas Landowner’s Bill of Rights 5757 5757 Buckhead-Coppell Industrial, LP Sidewalk Easement AFTER RECORDING RETURN TO: City of Coppell Attn: City Secretary 255 E. Parkway Blvd. Coppell, Texas 75019 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER CITY OF COPPELL SIDEWALK EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT the term Grantor used herein shall be construed in the singular or plural number as such term respectively represents one or more than one person. THAT, BUCKHEAD-COPPELL INDUSTRIAL, LP, known herein as GRANTOR, in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration in hand paid by City of Coppell, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto City of Coppell, Texas, ("GRANTEE"), the free and uninterrupted use, liberty and privilege of passage in, along, upon and across the following described property owned by GRANTOR (the "easement") for the purpose of constructing a public or pedestrian right-of-way sidewalk across GRANTOR'S main tract with the right and privilege at all times, of the GRANTEE herein, its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises (the "easement") for the purpose of making additions to, improvements on and repairs to said sidewalk or any part thereof. Said easement being described in Exhibit "A" attached hereto and made a part hereof for all purposes. Property Description of PART 1 being 31 square foot (0.0007 acre) tract of land; PART 2 being 6 square foot (0.0002 acre) tract of land; PART 3 being 47 square foot (0.0011 acre) tract of land all situated in the Cordelia Bowen Survey, Abstract No. 56, City of Coppell, Dallas County, Texas; said tract being part of Lot 1, Block A, Northlake 635 Business Park, an addition to the City of Coppell, Dallas County, Texas. The easement described herein shall accommodate the design, construction and maintenance of surface improvements of a public pedestrian sidewalk and non-motorized bicycle traffic. That in consideration of the benefits above set out, GRANTEE will remove from the easement, such fences, buildings and other obstructions as may be found upon said property. After Buckhead-Coppell Industrial, LP Sidewalk Easement construction of the sidewalk have been completed, GRANTEE shall, except for removed obstructions, return the surface area of the easement to its original condition as nearly as practical taking into consideration the nature of the work being performed. GRANTORS reserve the right to use and maintain the surface of the easement for purposes which will not interfere with GRANTEE'S rights hereby granted and agree that upon completion of the sidewalk improvements and restoration of the surface, GRANTEE shall not be obligated for future maintenance and upkeep of the surface area. GRANTEE shall have the right to install future improvements within the easement and to reconstruct, remove, replace, or repair any grantee improvements. Ingress and Egress. Grantee shall have the right of ingress, egress, entry, and access in, to, through, on, over, under, and across the Easements and where same intersect any public road or public right-of-way or other easement to which Grantee has the right to access and along any roads designated by Grantor and any roads or routes as needed during an emergency, for any and all purposes necessary and/or incident to the exercise by the Grantee of the rights granted to it by this Agreement. Grantee shall promptly repair any damage to Grantor's roads caused by Grantee in the exercise of any rights granted in as good a condition as existed prior to use by Grantee. Damages. The consideration paid by Grantee in this Agreement includes (i) any monetary damages arising from the construction and installation of each improvement to be installed in, on, or under the easement and (ii) any monetary damages arising from the repair, maintenance, inspection, replacement, operation, or removal of each improvement to be installed in, on, or under the easement. TO HAVE AND TO HOLD unto the City of Coppell, Texas, its successors or assigns for the purposes aforesaid, the premises above described. EXECUTED this _______________ day of ____________________ , 20___. _________________________________________ _________________________________________ GRANTOR Buckhead-Coppell Industrial, LP Sidewalk Easement STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the ____ day of ____________, 20___, by ____________________________________ . __________________________________________ NOTARY PUBLIC, State of Texas My Commission Expires: _________________________ __________________________________________ (Type / Print Name of Notary) THE STATE OF TEXAS LANDOWNER’S BILL OF RIGHTS This Landowner’s Bill of Rights applies to any attempt to condemn your property. The contents of this Bill of Rights are set out by the Texas Legislature in Texas Government Code section 402.031 and chapter 21 of the Texas Property Code. Any entity exercising eminent domain authority must provide a copy of this Bill of Rights to you. 1. You are entitled to receive adequate compensation if your 8. You may hire an attorney to negotiate with the condemning property is condemned.entity and to represent you in any legal proceedings 2. Your property can only be condemned for a public use. involving the condemnation. 3. Your property can only be condemned by a governmental 9. Before your property is condemned, you are entitled to a entity or private entity authorized by law to do so.hearing before a court-appointed panel of three special 4. The entity that wants to acquire your property must notify commissioners. The special commissioners must determine you that it intends to condemn your property.the amount of compensation the condemning entity owes 5. The entity proposing to acquire your property must provide for condemning your property. The commissioners must you with a written appraisal from a certified appraiser also determine what compensation, if any, you are entitled detailing the adequate compensation you are owed for your to receive for any reduction in value of your remaining property.property. 6. The condemning entity must make a bona fide offer to 10. If you are unsatisfied with the compensation awarded by buy the property before it files a lawsuit to condemn the the special commissioners, or if you question whether the property—meaning the condemning entity must make a condemnation of your property was proper, you have the good faith offer that conforms with chapter 21 of the Texas right to a trial by a judge or jury. You may also appeal the Property Code.trial court’s judgment if you are unsatisfied with the result. 7. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding. PREPARED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS 2 CONDEMNATION PROCEDURE Eminent domain is the legal authority certain governmental and private entities have to condemn private property for public use in exchange for adequate compensation. Only entities authorized by law to do so may condemn private property. Private property can include land and certain improvements that are on that property. WHO CAN I HIRE TO HELP ME? You can hire an appraiser or real estate professional to help you determine the value of your property as well as an attorney to negotiate with a condemning entity or to represent you during condemnation proceedings. WHAT QUALIFIES AS A PUBLIC PURPOSE OR USE? Your property may be condemned only for a purpose or use that serves the general public. This could include building or expanding roadways, public utilities, parks, universities, and other infrastructure serving the public. Texas law does not allow condemning authorities to exercise eminent domain for tax revenue or economic development. WHAT IS ADEQUATE COMPENSATION? Adequate compensation typically means the market value of the property being condemned. It could also include certain damages if your remaining property’s market value is diminished by the condemnation or the public purpose for which it is being condemned. OTHER THAN ADEQUATE COMPENSATION, WHAT OTHER COMPENSATION COULD I BE OWED? If you are displaced from your residence or place of business, you may be entitled to reimbursement for reasonable expenses incurred while moving to a new site. However, reimbursement costs may not be available if those expenses are recoverable under another law. Also, reimbursement costs are capped at the market value of the property. WHAT DOES A CONDEMNOR HAVE TO DO BEFORE CONDEMNING MY PROPERTY? ♦ Provide you a copy of this Landowner’s Bill of Rights before, or at the same time as, the entity first represents that it possesses eminent domain authority. It is also required to send this Landowner’s Bill of Rights to the last known address of the person listed as the property owner on the most recent tax roll. ♦ Make a bona fide offer to purchase the property. A bona fide offer includes an initial written offer as well as a final written offer. This process is described more fully in chapter 21 of the Texas Property Code. ♦ Disclose any appraisal reports. When making its initial offer, the condemning entity must share its appraisal reports that relate to the property from the past 10 years. You have the right to discuss the offer with others and to either accept or reject the offer made by the condemning entity. ♦ Make a final offer 30 or more days after the initial bona fide offer. The offered compensation must equal or exceed the amount listed in a written, certified appraisal provided to you. The final offer must also provide copies of the instrument conveying the property rights sought (such as the deed transferring title or the easement spelling out the easement rights) and the Landowner’s Bill of Rights (if not provided previously). The condemnor must give you at least 14 days to consider the final offer before filing a lawsuit to condemn your property. WHAT IF I DO NOT ACCEPT AN OFFER BY THE CONDEMNING AUTHORITY? The condemnor can start the legal condemnation process by filing a lawsuit to acquire your property in the appropriate court of the county where the property is located. WHAT DOES THE CONDEMNOR HAVE TO INCLUDE IN THE LAWSUIT FILED WITH THE COURT? The lawsuit must describe the property being condemned and state the following: the public use; your name; that you and the condemning entity were unable to agree on the value of the property; that the condemning entity gave you the Landowner’s Bill of Rights; and that the condemning entity made a bona fide offer to voluntarily purchase the property from you. 3 SPECIAL COMMISSIONERS’ HEARING AND AWARD After the condemning entity files a condemnation lawsuit in court, the judge will appoint three local landowners to serve as special commissioners. The special commissioners are required to schedule a condemnation hearing at the earliest practical time and place and to give you written notice of the hearing. WHAT DO THE SPECIAL COMMISSIONERS DO? The special commissioners’ role is to determine what is adequate compensation for your property. After hearing evidence from all interested parties, the special commissioners will determine the amount of money that is adequate compensation and file their written decision, known as an “Award,” in the court with notice to all parties. Once the Award is filed, the condemning entity may take possession of the property being condemned, even if one or more parties object to the Award of the special commissioners. ARE THERE LIMITATIONS ON WHAT THE SPECIAL COMMISSIONERS CAN DO? Yes. The special commissioners are tasked only with determining monetary compensation for the value of the property condemned and the value of any damages to the remaining property. They do not decide whether the condemnation is necessary or if the public use is proper. Further, the special commissioners do not have the power to alter the terms of an easement, reduce the size of the land acquired, or say what access will be allowed to the property during or after the condemnation. The special commissioners also cannot determine who should receive what portion of the compensation they award. Essentially, the special commissioners are empowered only to say how much money the condemnor should pay for the land or rights being acquired. WHO CAN BE A SPECIAL COMMISSIONER? CAN I OBJECT TO THEM? Special commissioners must be landowners and residents in the county where the condemnation proceeding is filed, and they must take an oath to assess the amount of adequate compensation fairly, impartially, and according to the law. The judge will give you a reasonable period to object to, or strike, one of the special commissioners. If a commissioner is struck, the judge will appoint a replacement. WHAT WILL HAPPEN AT THE SPECIAL COMMISSIONERS’ HEARING? The special commissioners will consider any evidence (such as appraisal reports and witness testimony) on the value of your condemned property, the damages or value added to remaining property that is not being condemned, and the condemning entity’s proposed use of the property. WHAT ARE MY RIGHTS AT THE SPECIAL COMMISSIONERS’ HEARING? You have the right to appear or not appear at the hearing. If you do appear, you can question witnesses or offer your own evidence on the value of the property. If you intend to use appraisal reports to support your claim about adequate compensation, you must provide them to the condemning entity 10 days after you receive them or three business days before the hearing, whichever is earlier. DO I HAVE TO PAY FOR THE SPECIAL COMMISSIONERS’ HEARING? If the special commissioners’ award is less than or equal to the amount the condemning entity offered to pay before the proceedings began, then you may be financially responsible for the cost of the condemnation proceedings. But, if the award is more than the condemning entity offered to pay before the proceedings began, then the condemning entity will be responsible for the costs. WHAT DOES THE CONDEMNOR NEED TO DO TO TAKE POSSESSION OF THE PROPERTY? Once the condemning entity either pays the amount of the award to you or deposits it into the court’s registry, the entity may take possession of the property and put the property to public use. Non-governmental condemning authorities may also be required to post bonds in addition to the award amount. You have the right to withdraw funds that are deposited into the registry of the court, but when you withdraw the money, you can no longer challenge whether the eminent domain action is valid—only whether the amount of compensation is adequate. 4 OBJECTING TO THE SPECIAL COMMISSIONERS’ AWARD If you, the condemning entity, or any other party is unsatisfied with the amount of the award, that party can formally object. The objection must be filed in writing with the court and is due by the first Monday following the 20th day after the clerk gives notice that the commissioners have filed their award with the court. If no party timely objects to the special commissioners’ award, the court will adopt the award amount as the final compensation due and issue a final judgment in absence of objection. WHAT HAPPENS AFTER I OBJECT TO THE SPECIAL COMMISSIONERS’ AWARD? If a party timely objects, the court will hear the case just like other civil lawsuits. Any party who objects to the award has the right to a trial and can elect whether to have the case decided by a judge or jury. WHO PAYS FOR TRIAL? If the verdict amount at trial is greater than the amount of the special commissioners’ award, the condemnor may be ordered to pay costs. If the verdict at trial is equal to or less than the amount the condemnor originally offered, you may be ordered to pay costs. IS THE TRIAL VERDICT THE FINAL DECISION? Not necessarily. After trial any party may appeal the judgment entered by the court. DISMISSAL OF THE CONDEMNATION ACTION A condemnation action may be dismissed by either the condemning authority itself or on a motion by the landowner. WHAT HAPPENS IF THE CONDEMNING AUTHORITY NO LONGER WANTS TO CONDEMN MY PROPERTY? If a condemning entity decides it no longer needs your condemned property, it can file a motion to dismiss the condemnation proceeding. If the court grants the motion to dismiss, the case is over, and you can recover reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses up to that date. WHAT IF I DO NOT THINK THE CONDEMNING ENTITY HAS THE RIGHT TO CONDEMN MY PROPERTY? You can challenge the right to condemn your property by filing a motion to dismiss the condemnation proceeding. For example, a landowner could challenge the condemning entity’s claim that it seeks to condemn the property for a public use. If the court grants the landowner’s motion, the court may award the landowner reasonable and necessary fees and expenses incurred to that date. CAN I GET MY PROPERTY BACK IF IT IS CONDEMNED BUT NEVER PUT TO A PUBLIC USE? You may have the right to repurchase your property if your property is acquired through eminent domain and: ♦ the public use for which the property was acquired is canceled before that property is put to that use, ♦ no actual progress is made toward the public use within 10 years, or ♦ the property becomes unnecessary for public use within 10 years. The repurchase price is the price you were paid at the time of the condemnation. 8/20 ADDITIONAL RESOURCES For more information about the procedures, timelines, and requirements outlined in this document, see chapter 21 of the Texas Property Code. The information in this statement is intended to be a summary of the applicable portions of Texas state law as required by HB 1495, enacted by the 80th Texas Legislature, Regular Session. This statement is not legal advice and is not a substitute for legal counsel.