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ST16-01A-ES220221 February 21, 2022 1199 S Belt Line, Inc. 3535 Travis St, Ste 300 Dallas, Texas 75204-1466 RE: S Belt Line Rd Reconstruction Project ST16-01 Permanent Right-of-Way and Sidewalk Easements Offer Letter 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 two sidewalk easements and a permanent right-of-way strip along the frontage of your property adjacent to S. Belt Line Rd and Wrangler Dr. I am including sheets from the design plans that show the encroachments onto your property that require the right-of-way and easement dedication. According to the Dallas Central Appraisal District, the land is currently valued at $6.00 per square foot. I have attached a copy of the DCAD valuation for reference. The right-of-way area needed is 4,598 square feet, and the two easements are a total of 286 square feet. The City of Coppell is offering $858 for the easements, which is one-half (1/2) of the value of the land, and $27,588 for the right-of-way, which is the full value of the land. This sums to a total of $28,446 for the right-of-way and two sidewalk easements. This letter constitutes an offer from the City of Coppell for the acquisition of the permanent right-of-way and two sidewalk easements. Construction is anticipated to begin in the coming weeks, and the city needs to acquire the easements and right-of-way as soon as possible. If the above offer is acceptable, please sign below and return the signed letter to this office. With this letter I have included the vendor forms that are required for issuing payments. Once the letter and vendor forms are received, the process for payment of the $28,446 can begin. Enclosed with this Offer Letter are the easement and right-of-way documents. The Offer Letter will grant the city the permission to acquire the portion of land and to enter your property. The city respectfully requests your execution of the documents. When the check is ready, we can arrange a mutually agreeable method to exchange the documents and the check. 2 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 Grantor Office: 972-304-3562 E-mail: Cole.Baker@coppelltx.gov ____________________________ Title Enclosures: Design Plan Sheets Dallas Central Appraisal District Valuation Vendor Forms Sidewalk Easement 1 to be executed Exhibit A of Sidewalk Easement 1 Sidewalk Easement 2 to be executed Exhibit A of Sidewalk Easement 2 ROW Instrument to be executed Exhibit A of ROW Instrument Texas Landowner’s Bill of Rights 7070Property LineProposed ROW 7171Property LineProposed sidewalkeasementProposed ROW 5757Property LineProposed ROWProposed sidewalkeasements 7070Property LineProposed ROW 7171Property LineProposed sidewalkeasementProposed ROW 5757Property LineProposed ROWProposed sidewalkeasements Home | Find Property | Contact Us Commercial Account #180060400502R0000 Location Owner Legal Desc Value Improvements Land Exemptions Estimated Taxes Building Footprint History Location (Current 2022) Address: 1199 S BELTLINE RD Market Area: 0 Mapsco: 11A-J (DALLAS) DCAD Property Map View Photo 2021 Appraisal Notice Electronic Documents (ENS) Print Homestead Exemption Form Owner (Current 2022) 1199 S BELT LINE INC 3535 TRAVIS ST STE 300 DALLAS, TEXAS 752041466 Multi-Owner (Current 2022) Owner Name Ownership % 1199 S BELT LINE INC 100% Legal Desc (Current 2022) 1:PARK WEST COMMERCE CENTER 2:BLK 5 LT 2R ACS 8.741 3: 4:INT201900046632 DD02222019 CO-DC 5:0060400502R00 9CO00604005 Deed Transfer Date: 2/25/2019 Value 2021 Certified Values Improvement: Land: Market Value: $7,203,530 + $2,284,550 =$9,488,080 Tax Agent: RYAN LLC DA Revaluation Year:2021 Previous Revaluation Year:2020 Improvements (Current 2022) #Desc: OFFICE BUILDING Total Area: 102,510 sqft Year Built: 1998 1 Construction Depreciation Appraisal Method Construction:C-MASONRY, BLOCK, TILT-WALL Foundation (Area):CONCRETE SLAB (102,510 sqft ) Net Lease Area :101,429 sqft # Stories:1 # Units:0 Basement (Area):NONE Heat:CENTRAL HEAT A/C:CENTRAL A/C Physical: Functional: External: Total: + + = 19% 0% 0% 19% Quality:GOOD Condition:GOOD INCOME * All Exemption information reflects 2021 Certified Values. * © 2022 Dallas Central Appraisal District. All Rights Reserved. Land (2021 Certified Values) #State Code Zoning Frontage (ft) Depth (ft)Area Pricing Method Unit Price Market Adjustment Adjusted Price Ag Land 1 UNASSIGNED LIGHT INDUSTRIAL 0 0 380,758.0000 SQUARE FEET STANDARD $6.00 0%$2,284,548 N Exemptions (2021 Certified Values) No Exemptions Estimated Taxes (2021 Certified Values) City School County and School Equalization College Hospital Special District Taxing Jurisdiction COPPELL COPPELL ISD DALLAS COUNTY DALLAS COLLEGE PARKLAND HOSPITAL UNASSIGNED Tax Rate per $100 $0.58 $1.292 $0.237946 $0.12351 $0.255 N/A Taxable Value $9,488,080 $9,488,080 $9,488,080 $9,488,080 $9,488,080 $0 Estimated Taxes $55,030.86 $122,585.99 $22,576.51 $11,718.73 $24,194.60 N/A Tax Ceiling N/A N/A Total Estimated Taxes:$236,106.70 DO NOT PAY TAXES BASED ON THESE ESTIMATED TAXES. You will receive an official tax bill from the appropriate agency when they are prepared. Please note that if there is an Over65 or Disabled Person Tax Ceiling displayed above, it is NOT reflected in the Total Estimated Taxes calculation provided. Taxes are collected by the agency sending you the official tax bill. To see a listing of agencies that collect taxes for your property. Click Here The estimated taxes are provided as a courtesy and should not be relied upon in making financial or other decisions. The Dallas Central Appraisal District (DCAD) does not control the tax rate nor the amount of the taxes, as that is the responsibility of each Taxing Jurisdiction. Questions about your taxes should be directed to the appropriate taxing jurisdiction. We cannot assist you in these matters. These tax estimates are calculated by using the most current certified taxable value multiplied by the most current tax rate. It does not take into account other special or unique tax scenarios, like a tax ceiling, etc.. If you wish to calculate taxes yourself, you may use the Tax Calculator to assist you. Building Footprint (Current 2022) History History CITY OF COPPELL VENDOR FORMS W9 – Standard W9 form dated October 2018 (per the IRS) Company name on Line 1 and DBA (if applicable) on Line 2. W9 must be signed Company Information - Complete the form showing remit address (for payments), physical address of the business, vendor contact name and vendor e-mail address. Conflict of Interest – Required disclosure form. If any employees of the vendor have any relation to current council members of City of Coppell, please disclose the name on this form. If none, please write “N/A” anywhere on the form and date and sign. The form must be signed and dated. Company Information Company Name: Remit To Address: Physical Address: Phone Number: Fax Number: Contact Person: E-mail Address: Form W-9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ▶ Go to www.irs.gov/FormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS.Print or type. See Specific Instructions on page 3.1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ▶ Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner. Other (see instructions) ▶ 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person ▶Date ▶ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) Revised 11/30/2015Form provided by Texas Ethics Commission www.ethics.state.tx.us FORM CIQ OFFICE USE ONLYThis questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Date Received A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 7 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Name of vendor who has a business relationship with local governmental entity.1 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 2 3 Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. 4 6 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 1199 S Belt Line, Inc 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, 1199 S BELT LINE, INC, 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 being 12 square foot (0.0003 acre) tract of land situated in the James A. Simmons Survey, Abstract No. 1296, City of Coppell, Dallas County, Texas; said tract being part of Lot 2R, Block 5, Park West Commerce Center, 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 construction of the sidewalk have been completed, GRANTEE shall, except for removed 1199 S Belt Line, Inc Sidewalk Easement 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 1199 S Belt Line, Inc 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) 1199 S Belt Line, Inc 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, 1199 S BELT LINE, INC, 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 being 274 square foot (0.0063 acre) tract of land situated in the James A. Simmons Survey, Abstract No. 1296, City of Coppell, Dallas County, Texas; said tract being part of Lot 2R, Block 5, Park West Commerce Center, 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 construction of the sidewalk have been completed, GRANTEE shall, except for removed 1199 S Belt Line, Inc Sidewalk Easement 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 1199 S Belt Line, Inc 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) City of Coppell Form No. 6 TM 124738 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 PERMANENT RIGHT OF WAY STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DALLAS § THAT, 1199 S BELT LINE, INC, known herein as GRANTOR, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid by the City of Coppell, Texas, a municipal corporation of Dallas County, Texas, receipt of which is hereby acknowledged, does hereby grant, bargain, and convey to said City (GRANTEE), its successors and assigns, a permanent surface, above ground or subsurface right-of-way and the right to construct, reconstruct and perpetually maintain a public street and/or drainage facilities and above ground or subsurface utilities, together with all necessary appurtenances thereto, and with the right and privilege at any and all times, to construct and maintain improvements to said permanent right- of-way, or any part thereof, as is necessary to the proper use of any other right granted herein, and for the purpose of constructing, reconstructing and maintaining said public street and/or drainage facilities and utilities, and for making connections therewith, in, upon and across said permanent right-of-way. Said easement being described and depicted in Exhibit "A" attached hereto and made a part hereof for all purposes. Property Description being 4,598 square foot (0.1056 acre) tract of land situated in the James A. Simmons Survey, Abstract No. 1296, City of Coppell, Dallas County, Texas; said tract being part of Lot 2R, Block 5, Park West Commerce Center, an addition to the City of Coppell, Dallas County, Texas. The right-of-way described herein shall accommodate the design, construction and maintenance of a surface improvements of a public street; and the Grantee shall design, construct and maintain above ground and subsurface public utilities including but not limited to water, City of Coppell Form No. 6 TM 124738 wastewater, electrical, traffic signalization, telecommunication, natural gas, and other public utilities. That in consideration of the benefits above set out, GRANTEE will remove from the easement, such fences, buildings and other obstructions, if any, as may be found upon said property. After construction of the utility improvements and 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. 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 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 City of Coppell Form No. 6 TM 124738 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.