PLANNING MPO POLICY COMMITTEE MEETING www.laredompo.org Meeting Date & Time: March 22, 2023 at 1:30 p.m. Meeting Location: City of Laredo Council Chambers, 1110 Houston St., Laredo, Texas 78040 Meeting Link: te/Harcasswaktcom/Ne Laredo TV: Spectrum TV channel 1300 AGENDA: RECD GITY SEG OFF MAR 17'23 AM10:08 I. CHAIRPERSON TO CALL MEETING TO ORDER II. CHAIRPERSON TO CALL ROLL III. CITIZEN COMMENTS Speakers are required to fill out witness cards, which must be submitted to MPO Staff no later than 1:45 p.m. the day of the meeting. Speakers shall identify themselves at the microphone. Comments are limited to three (3) minutes per speaker. No more than three (3) persons will be allowed to speak on any side of an issue. Should there be more than three (3) people who wish to speak on a specific issue, they should select not more than three (3) representatives to speak on their behalf. The presiding officer may further limit public on the interest of order or time. Speakers may not transfer their minutes to any other speaker. Comments should be relevant to MPO business and delivered in a professional manner. No derogatory remarks shall be permitted. IV. ITEMS REQUIRING POLICY COMMITTEE ACTION: A. Approval of the minutes for the meeting held on February 15, 2023. B. Discussion with possible action on potential future amendments to the MPO Bylaws regarding the structure and terms of the Policy Committee Chairperson and Vice- Chairperson. Note: A change in the structure and terms of Policy Committee membership will require a future MPO Bylaws amendment and 10-day public comment and review period. LAREDO & WEBB COUNTY Page 1 of 4 AREA METROPOLITAN! PLANNING ORGANIZATION MPO POLICY COMMITTEE MEETING AGENDA C. Discussion with possible action on the Hachar-Reuthinger Road project, including the allocation and programming of additional Category 7 funds in the amount of $47.79 million, bringing the Category 7 total to $100 million, for the construction of Hachar- Reuthinger Road four lane divided highway (CSJ 0922-33-165 and 0922-33-166). D. Discussion with possible action on Resolution No. MPO 2023-04 prioritizing the construction of Hachar-Reuthinger Road and supporting TxDOT's allocation of Category 2 funds in the amount of $26.5 million, and Category 4U funds in the amount of $17.9 million to CSJ 0922-33-165 and CSJ 0922-33-166 for the 2024 Unified Transportation Program (UTP). Allocation of Category 4U funds is contingent upon Texas Transportation Commission Minute Order Approval to designate Hachar Reuthinger as a State Highway. In addition, TxDOT-Laredo district will allocate $ 2.2 million of other funding categories to completely fund the project estimated at $ 146.6 million. E. Discussion with possible action on the coordination and strategy related to sending a delegation of MPO Policy Committee members to future Texas Transportation Commission public meetings, and any other matters incident thereto. F. Presentation and discussion with possible action to enter into a non-financial partnership agreement with the Rio Grande International Study Center (RGISC) and provide a Letter of Commitment for the submission of their grant application to the EPA's Environmental Justice Collaborative Problem Solving (EJCPS) Program, for a project to potentially focus on reducing heat island effects, the installation of air quality monitors, or similar scopes of effort that benefit downtown Laredo. Presentation to be provided by a representative from RGISC). V. REPORT(S) AND PRESENTATIONS (No action required). A. Status report by the Regional Mobility Authority (RMA). VI. DIRECTOR's COMMENTS VII. EXECUTIVE SESSION The Policy Committee reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any posted agenda item when authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 Deliberations about Security Devices), and/or 551.086 (Economic Development). Following closed session, the open meeting will reconvene at which time action, if any, may be taken. A. Request for Executive Session regarding personnel matters pursuant to Texas Government Code Section 551.074 to establish an annual salary amount for the full-time LAREDO & WEBB COUNTY Page 2 of 4 AREA METROPOLITAN PLANNING ORGANIZATION MPO POLICY COMMITTEE MEETING AGENDA MPO Director, return to open session for possible action, and any other matters incident thereto. VIII. ADJOURNMENT NOTICE INFORMATION: Notice of this meeting was posted at the municipal government offices, 1110 Houston Street, Laredo, Texas, at a place convenient and readily accessible to the public at all times. Said notice was posted 72 hours before the meeting date and time. The agenda and meeting information was also posted online at htp/Ppwwlaredompoon/asend-mihute All meetings of the MPO Committee are open to the public. Persons who plan to attend this meeting and who may need auxiliary aid or services such as: interpreters for persons who are deaf or hearing impaired, readers oflarge print or Braille, or a translator for the Spanish language are requested to contact MPO Staff at 956-794-1605, or via email at pavgl@d.laredo.k.Us at least two working days prior to the meeting SO that appropriate arrangements can be made. Materials in Spanish may also be provided upon request. Disability Access Statement: This meeting is wheelchair accessible. The accessible ramps are located at 1110 Victoria and 910 Flores. Accessible parking spaces are located at City Hall, 1110 Victoria. Ayuda O Servicios Auxiliares: Todas las reuniones del Comité del MPO estàn abiertas al publico. Personas que planean asistir a esta reuniôn y que pueden necesitar ayuda o servicios auxiliares como: interpretes para personas con discapacidad auditiva, lectores de letra grande O en Braille, O un traductor para el idioma espanol deben comunicarse con el personal del MPO al 956-794- 1605 O por correo electronico avpl@c.aredo.kUs por lo menos dos dias laborales antes de la reunion para que se puedan hacer los arreglos apropiados. Material en espanol està disponible mediante una peticion. Declaracion de Acceso a la Discapacidad: Esta reunion permite el acceso a personas en silla de ruedas. Las rampas de acceso estàn ubicadas en 1110 Victoria y 900 Flores. Los espacios de estacionamiento para discapacitados se encuentran por la calle Victoria. Informacion en espanol: Si usted desea esta informacion en espanol O si desea explicacion sobre el contenido, por favor llâmenos al teléfono (956) 794-1605 O comunicarse con nosotros mediante correo electronico a aMRIeC.aredo.kUs POLICY COMMITTEE MEMBERSHIP: City of Laredo Representatives: Honorable Dr. Victor Trevino, Mayor and LWCAMPO Chairperson Honorable Ruben Gutierrez, Jr., City Councilmember, District V LAREDO & WEBB COUNTY Page 3 of 4 AREA METROPOLITAN PLANNING ORGANIZATION MPO POLICY COMMITTEE MEETING AGENDA Honorable Melissa R. Cigarroa, City Councilmember, District III County of Webb Representatives: Honorable Tano E. Tijerina, Webb County Judge and LWCAMPO Vice-Chairperson Honorable Jesse Gonzalez, Webb County Commissioner, Pct. 1 Honorable John Galo, Webb County Commissioner, Pct. 3 Laredo Mass Transit Board Representative: Honorable Vanessa Perez, City Councimember, District VII State Representative: Mr. Epigmenio "Epi" Gonzalez, P.E., TxDOT District Engineer Member at Large Representative: Jed A. Brown Ex-Officio Representatives: Honorable Judith Zaffirini, State Senator, District 21 Honorable Richard Raymond, State Representative, District 42 Honorable Tracy O. King, State Representative, District 80 AGENDA REVIEWED: JAN Cingliay Dase Juan S. Mendive, AICP Jose ANValdez, Jr. LWCAMPO Director Laredo fn City Secretary LAREDO & WEBB COUNTY Page 4 of 4 AREA METROPOLITAN PLANNING ORGANIZATION LAREDO - & WEBB COUNTY I AREA METROPOLITAN PLANNING ORGANIZATION Item IV.A. Approval of minutes for the meeting held on February 15, 2023. LAREDO & WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE MEETING MINUTES FEBRUARY 15, 2023 LIVE WEB LINK: tP/AEcasatenNe PUBLIC ACCESS CHANNEL: Spectrum TV channel 1300 I. CHAIRPERSON TO CALL MEETING TO ORDER Mayor Dr. Victor D. Trevino calledthe meeting to order at 1:34 P.M. II. CHAIRPERSON TO CALL ROLL Graciela Briones, MPO Staff, called roll and verified a quorum existed. Regular members present: Honorable Dr. Victor D. Treviho, Mayor and LWCAMPO Chairperson Honorable Tano E. Tijerina, Webb County Judge Honorable Ruben Gutierrez, Jr., City Councilmember, District V Honorable Jesse Gonzalez, Webb County Commissioner, Pct. 1 (joined meeting at 2:09 P.M.) Honorable Vanessa Perez, City Councimember, District' VII (joined meeting at 1:36P.M.) Honorable John Galo, Webb County Commissioner, Pct. 3 Mr. Epigmenio "Epi" Gonzalez, P.E., TxDOT District Engineer Mr. Jed A. Brown, RMA Ex-Officio members not present: Honorable Judith Zaffirini, State Senator, District 21 Honorable Richard Raymond, State Representative, District 42 Honorable Tracy O. King, State Representative, District 80 LWCAMPO Staff present: Juan S. Mendive, LWCAMPO Interim Director Graciela Briones, LWCAMPO Planner III Juliol Nino, LWCAMPO Planner III Others: Sara Garza, TxDOT Ana Duncan, TxDOT Jesus Saavedra, TxDOT MPO Meeting Minutes of February 15, 2023 Jose D. Vargas, TxDOT Jason Hinojosa, TxDOT Orlando Navarro, COL Planning Angie Quijano, COL Planning Ramon Chavez, COL Engineering Jaime Garcia, COL Engineering Luis Perez Garza, Webb County Engineering Guillermo Cuellar, Webb County Engineering Victorial Villarreal, Webb County Planning Lalo Uribe, Webb County, Judge'sOffice Roberto. J. Garza, Transit, El Metro Eduardo Bernal, Transit, El Metro Monica Meza, Transit, El Metro Melissa Montemayor, HNTB, Inc. Jose Ceballos, Fasken Development Anthony Garza, GDJ Engineering III. CITIZEN COMMENTS Speakersare requiredto fill out witness cards, which must be submitted to MPO Staff no later than 1:45 P.M. the day of the meeting. Speakers shall identify themselves at the microphone. Comments are limited toi three (3) minutes per speaker.No more than three (3) persons will be allowed to speak on any side of an issue. Should there be more than three (3) people who wish to speak on a specificissue, they should select not more than three (3) representatives to speak on theirbehalf. The presiding officermay further limit public on the interest of order or time. Speakers may not transfer their minutes to any other speaker. Comments should be relevant to MPO business and delivered in a professional manner. No derogatory remarks shall be permitted. IV. ITEMS REQUIRING POLICY COMMITTEE ACTION: A. Approval of the minutes for the meetings held on January 18, 2023. Judge, Tano Tijerina made a motion to approve the minutes of January 18, 2023. Second: CM. John Galo For: 6 Against: 0 Abstained: 0 Motion carried unanimously MPO Meeting Minutes of February 15, 2023 B. Discussion with possible action on the selection and funding of projects submitted through the MPO Transportation Alternatives Set-Aside Program (TA) 2022 Call for Projects. Juan Mendive, Interim MPO Director made a presentation on the applications submitted fori the Transportation Alternative Set-Aside program (TA)to the committee. The two projects received were "EI Metro. ADA Bus Stops and Bicycle Plazas Enhancement Project" and "Downtown. SafeSidewalk Improvements' " . Mr. Mendive proceededin advisingthe Committee that the Technical Committee and staff have reviewedthe applications received and recommended to approve the funding for both projectsin the amount of $1 millionin Category9 funds for each project. If funding was awarded, the nextstep would be to enterinto an Advance Funding Agreement (AFA) with TxDOT and after that, they will have 3 years to get projects offthe ground. CM. John Galo asked ifthose monies could be usedi for any other projects. Mr. Mendive stated that these Category 9 funds are specifically setfortransportation alternatives relatedand theyl had to go through this call for projects to award the funds. CM. John Galo made a motion to approve both projects submitted through the MPO Transportation Alternative Set-Aside Program (TA) 2022 Call for Projects. Second: Judge, Tano Tijerina For: 7 Against: 0 Abstained: 0 Motion carried unanimously C. Discussion with possible action on potential future amendments to the MPO Bylaws regarding the structure and terms of the Policy Committee Chairperson and Vice- Chairperson. Note: A change in the structure and terms of Policy Committee membership will require a future MPO Bylaws amendment and 10-day public comment and review period. Juan Mendive, Interim MPO Director stated that the committeerequested this item be presentedin order to discuss the structure and terms ofthe Chairperson and Vice- Chairperson. Mr. Mendive presented some data he gathered from other MPOS across the state. He explained to the committee how each MPO worked, the method they follow and the terms they serve. Mr. Mendive, continued by stating the item was not being presented for a Bylaws amendment at the moment, but to get direction from the committee on how they wouldlike to proceed. MPO Meeting Minutes of February 15, 2023 Judge Tijerina commented that he appreciated the information presented. He stated that he believed the ideac of rotating the Chairperson and Vice- Chairperson was good and it was a healthy business practice. He recommended it shouldbe the Mayor and the County Judge the ones rotating, but the board members could vote however, they would like. He further stated that it shouldbe a two-year term for each. CM Perez asked Judge Tijerina ifit wouldbe a rotation between the Mayor and the County Judge every year one and one. CM. Galo answered by sayingit could be every year or as the Judge had suggested two years each. Judge Tijerina, stated that it could be howevert they decided, but he believed thatout of the four-yearterm it should be two years fort the Mayor and the same fori the County Judge. He further stated that other than rotating the chair he did not have any other concerns. Mayor Trevino asked if there were any other comments. CM. Perez stated how she thought it was a fair idea and not a bad change; she also asked ifa motion or a vote neededi to be made. Mayor Trevino stated that before a motion was made, they needed more information on the number of projects that were for each, the City of Laredo and the Webb County, and the respective dollar amounts. He also asked Mr. Mendiveifthe City Charter had to be changed as well. Mr. Mendive stated that to his understanding there was nothing in the City Charter about the Mayor beingthe MPO Policy Committee Chairperson. He further stated that it was not something he looked: at since the MPO had its owngoverning body and its own set of rules. Mayor Trevino stated that he required more information before they act on the item. CM. Galo expressed how this was not an action itemfor that day. Mr. Mendive stated that the action could be just to direct staff and do more research and to bring back a certain language for the amendment of the Bylaws. He further stated that the idea for the item was onlyt to present and compare how other MPOS were structured. It was alsointendedto get direction from the Policy Committee and how they could proceed. Ifthe Committee decidedto make the change, some language could be brought back in next month's meeting for theirr review. Mr. Mendive also MPO Meeting Minutes of February 15, 2023 reminded the committee that a 10-day comment period will have to be opened, and after that, the changes for the Bylawsa amendments could be made. CM. Ruben GutierrezJr. made a motion to bring back the item for next month's meeting, with a recommendation on the number of terms for each, the Mayor and the County Judge should serve. Second: CM. Galo For: 7 Against: 0 Abstained: 0 Motion carried unanimously D. Discussion with possible action on the ongoing restructuring of the MPO including the appointment of a permanent MPO Director, and any other matters incident thereto. Juan Mendive, MPO Interim Director gave a quick overview on the item. He stated that since May 2021 the MPO had been undergoing a restructure, which separatedthe MPO from the Cityof Laredo Planning Department. Since then, there had been a number of changes including some to the Bylaws, where the MPO Director is currently a separate full-time position and no longerthe same Director for the Planning Dept. Judge Tano Tijerina made a motion to appoint Mr. Juan Mendive as permanent MPO Director, and to bring recommendationfor salary adjustmentfor next meeting. Second: CM. John Galo For: 7 Against: 0 Abstained: 0 Motion carried unanimously E. Discussion with possible action on the Hachar-Reuthinger Road project. Ana Duncan, TxDOT, gave a briefpresentation on Hachar-Reuthinger road project. She asked Ramon Chavez to join her for her presentation. She stated that this was, just a follow up on what had been discussedin last month's meeting. She presented an updated schedule ofthe project. She explained how theyl had completed the right-of- way map. CM. Galo asked ift the metes and bounds had been provided from TxDOT. MPO Meeting Minutes of February 15, 2023 Ms. Duncan, confirmed that TxDOT had submitted them to the Cityin final draft and the signeddocuments were submitted on February 10th. CM. Galo asked Mr. Chavez, City Engineerhow long it would take to convey the tracks as per the meets and bounds provided. Mr. Chavez stated that they had discussed with TxDOT to have four months to be able to acquire the properties. He furtherstated that theyhad receivedseven parcels, and they had already contacted the owners of all the properties. CM. Galo questioned why they needed fourmore months. Mr. Chavez stated that the four months were as of when the project was received, and it was included in the schedule presented to them, it was set within the timeline fort the letting of the project. CM. Galo expressedi Ihow he understood what Mr. Chavez was explaining, buti that with every day that was saved there was potential of receiving additional funds form TxDOT. Mr. Chavez explained they were tryingfor lesst than the estimated four months; he stated that he and the Real Estate Division were alreadyin contact with the owners. CM. Galo asked what the next step was in the process. He asked TX Dot for clarification. Ms. Duncan stated that they were requiredto followthe Title 3 checkistforfederal projects, because this projectis federalyfunded for construction. Mr. Chavez askedto be given the opportunity to presenta a full report ofthe process in nexti month's meeting.Inthe meantime, they would continue to work on the project and they would keepthe committee updated. Mr. Brown askedif the meets and bounds were for full right-of-way acquisition and not necessarily foroption 3A, which was the reduced scope project. Mr. Chavez stated it was for the full right-of-way. Mr. Brown askedif the seven different property owners had agreedto donate the property orif some were expecting to be paid. Mr. Chavez stated how one of the owners actually owns five of the properties and another owns the other two properties. He further stated that part of the parcels belongs to Hachar and the others belongto Reuthinger. He stated that he was already in contact with Mr. Gilpin who represents the Reuthinger portion. MPO Meeting Minutes of February 15, 2023 Mr. Mendive stated the City of Laredo was asking for full fundingfor the project. He further stated that in the time he has been with the MPO Division he'sseen the project move forward. The time line presented by TxDOT will help stay on track oft the process. No. Action was taken. V. REPORT(S) AND PRESENTATIONS (No action required) A. Status report by the Regional Mobility Authority (RMA). Mr. Jed Brown provided the followingreport: 1. FM 1472 and Killamindustrial Blvd. Turn Lanes - The commencement: of work at Killam Industrial Blvd. at FM 1472 occurred inearly May 2022. Construction of the pavement widening components have beenongoing. Concrete pouring for FM 1472 and Killam Industrial Blvd. was ongoingin late December through 1/6/23. Construction of the traffic signal and median islands are complete. Main outstanding components are the sidewalk along Killam Industrial Blvd. and the driveway off of Killam Industrial Blvd. Project is close to 90% complete and substantial completion is scheduled for early March. 2. Los Presidentes (Cuatro Vientos to Brownwood) - The final walkthrough of the project occurred on 12/8/22. Paving of the streetis 100% complete. Drainage is 100% complete. The work fori the 18-inch water linei is complete. The outstanding items are the lighting and irrigation. Ribbon cutting of the project occurred on 2/1/23 and is now open to traffic. Overall the project is 99% complete. 3. Loop 20 South (Cuatro Vientos) Acceleration/ Deceleration Lane Project - The project was awarded to Anderson Columbial in October 2021. Constructionto commencedon the weekofthe 14th of March. The roadway and traffic items are all complete. The illumination poles willl be complete. Trafficdelineators atthe intersectionofLos Presidentes are in process to be reset. The project is now open to traffic. Overall the project is 99% complete. 4. Springfield Phase III - Final walkthrough of the project occurred on 12/9/22. The major outstandingitems are the completion ofthe lighting and traffic improvements. Substantial completionis scheduledfor late February/ March 2023. Overall, the project is approximately 95% complete. 5. Webb County Fair Grounds TIA - The TIA report is complete and submitted to the County. 6. RiverRoad Corridor Study - The WCCL RMA has completed the stakeholdermeetings on the Study. The traffic analysis, cost estimating and report development are MPO Meeting Minutes of February 15, 2023 ongoing. Total duration of the study is 12 months. Completion of the study is anticipated in June 2023. 7. Safe Streets and Roads for All (SS4A) Grant - In partnership withthe MPO and the City of Laredo, the RMA developed: a $2M grant application to develop an action to prevent roadway deaths and serious injuries. The application was successfully submittedon September9, 2022 which was 6 days prior to the due date of the application. On the 30th of January, the RMA was informed by US Congressman Cuellar's Office that the grant was approved for $1.6M. Following the notification, the Federal Highway Administration notified the RMA that the Grant Agreement process between the RMA and the Federal Government will beginin the following weeks. Aformal announcement by Congressman Cuellaris scheduledfor2/21/23. 8. Vallecillo Road -I In the August MPO Policy Committee meeting, funding for construction of the project was concluded. Subsequent to the dedication of $16.5M dollars of Category 7 funds from the MPO, US Congressman Henry Cuellarhas pledged $3M of federal earmark funds. These moniesare in addition to the $16.24M dedicatedto the project by the RMA, City of Laredo and the Killam Company. Congressman Cuellarhad a joint press conference with the City and State officialsto announce the funding of the project. Approval of the $3M funds were included as part oft the Omnibus Bill that was approved by Congress at the end of December 2022. Now that the projecti is fundedfor construction, the RMA has submitted the appropriate paperwork to TxDOT for the draft Advanced Funding Agreement (AFA) and Funding Assistance Agreement (FAA) and begin design of the project. The RMA is currently awaiting receipt of the draft AFA and FAA from TXDOT. 9. Concord Hills (Wormser Road/ Lomas Del Sur to Los Presidentes) - Similarto the Los Presidentes project, the WC-CL RMA will sponsor and lead the design and construction of a new location 1.3 mile, 2-lane minor arterial roadway extension from Los Presidentesto Wormser Road/ Lomas Del Sur within a nominal ROW width of 90' in partnership with the City of Laredo. The WC-CL RMA has committed $1 million to the development ofthe project. The project will provide a parallel route to Cuatro Vientos and provide additional access to the new Laredo Sports Complex and the Municipal Water Park. The sponsorshipand implementation are subjectto the negotiation of an Inter Local Agreement betweenthe City of Laredo and the WC-CL RMA. 10. Springfield Phase I, II, and IV - Similart to Springfield Phase III, the WC-CL RMA has committed up to $1 million tot the Cityof Laredo to assistwith the fundingofthe construction of the next Phase of the project. Other Items: The next WC-CL RMA Board of Directors meeting will bei in March. MPO Meeting Minutes of February 15, 2023 VI. DIRECTOR'S COMMENTS Juan Mendive, MPO Interim Director provided the following comments/feport: 1. On February gth, TxDOT's Transportation Planning & Programming Division held a meeting with MPOs, Districts, and Divisions to discuss Category 7 balances, utilization, and opportunitiesto maximize the State's August Re-distribution request. MPO staff were in attendance and will use the information and resources provided to continue effectivelyleveraging Category 7funding. Staff were also informe d about the new federal Carbon Reduction Program (CRP) funding that will be allocated to MPOS. Additonalinformation will be shared with the Policy Committee as more details about CRP funding becomes available. 2. The RMA, in partnership with the City of Laredo and MPO, successfully developed and submitted a grant applicationto the Safe Streets and Roads for All program. The RMA was awarded a grant of $1.6M to develop a safety action plan to preventroadway deaths and seriousinjuries. The MPO looks forward to the continued collaboration with the RMA in the development oft the safety action plan. 3. We would like to welcome our newestteam member, Adriana A. Vigil, Administrative Secretary for the MPO. 4. Upcoming regularly scheduled meetings: Active Transportation Committee February 22, 2023 MPO Technical Committee - March 7, 2023 MPO Policy Committee - March 15, 2023 VII. EXECUTIVE SESSION The Policy Committee reserves the right to adjourn into executive session at any time during the course of this meetingto discuss any posted agenda item when authorizedby Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.086 (Economic Development). Following closed session, the open meeting will reconvene at which time action, if any, may be taken. The Committee did not adjourn into executive session. MPO Meeting Minutes of February 15, 2023 VIII. ADJOURNMENT CM. Galo made a motion to adjourn the meeting at 2:27 P.M. Second: Judge Tijerina For: 8 Against: 0 Abstained: 0 Motion carried unanimously Juan S. Mendive Dr. Victor D. Treviho, Mayor and LWCAMPO Director LWCAMPO Chairperson MPO Meeting Minutes of February 15, 2023 LAREDO - & WEBB COUNTY I AREA METROPOLITAN PLANNING ORGANIZATION Item IV.B. Discussion with possible action on potential future amendments to the MPO Bylaws regarding the structure and terms of the Policy Committee Chairperson and Vice-Chairperson. Note: A change in the structure and terms of Policy Committee membership will require a future MPO Bylaws amendment and 10-day public comment and review period. LAREDO & WEBB COUNTY & AREA METROPOLITAN PLANNING ORGANIZATION Proposed Bylaws Amendment Regarding the Chair and Vice-Chairperson Summary: At the request of the Policy Committee, staff initiated a review of potential changes to the MPO bylaws regarding the structure and terms of the Chairperson and Vice-Chairperson. Staff conducted a peer-review of the bylaws of other MPOs in Texas and is providing its recommendation based on the findings and structure of other MPOS serving a Transportation Management Area (TMA), an urbanized area with a population of over 200,000. As per CFR 450.310 (d)(1), each metropolitan planning organization that serves a designated TMA, shall consist of local elected officials, officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation, and appropriate state officials. As per CFR 450.310 (d)(3), the designation or selection of officials or representatives of MPOS serving a TMA shall be determined by the MPO according to the bylaws or enabling statute of the organization. The existing bylaws of the Laredo Webb County Area MPO designates the City of Laredo Mayor as the Chairperson and the Webb County Judge as the Vice-Chairperson. Recommended Bylaw Amendment: The Chairperson and Vice-Chairperson shall rotate every two years between the City of Laredo Mayor and Webb County Judge. The term of office for each shall begin the 1t of January in odd numbered years. Recommended timeline for implementation: Open 10-day Public Review and Comment Period (May 2023) Final approval by Policy Committee (June 2023) City of Laredo Mayor will serve as Chair through end of December 2024. County Judge will serve as Vice-Chair during this period. County Judge will serve as Chair beginning January 1, 2025 through end of December 2026; Mayor will serve as Vice-Chair during this period. Chair and Vice-Chairperson Structure - Select Texas MPOS MPO Method Term Alamo Area MPO Chair, Chair Elect, and Vice-Chair rotate between three constituencies (City of San Antonio, 11 two-year term Urban County/Suburban Cities and Rural Counties/Rural Cities); by election. Amarillo MPO Mayor of the City of Amarillo serves as Chairperson. N/A Byran/College Station MPO unlimited two-year terms Chairperson and Vice-Chairperson are elected by majority vote of membership present. Chair and Vice-Chairperson are elected in even numbered years; each must be from Capital Area MPO two-year terms different counties. Corpus Christi MPO Chairperson and Vice-Chairperson are elected by majority vote of membership. unlimited one-year terms EIF Paso MPO unlimited one-year term Chair and Vice-Chairperson are elected annually ; each much be from different entities. Chairperson and Vice-Chairperson: are elected by a simple majority vote of membership Killen-Temple MPO up to 2 consecutive one-year terms present. Longview MPO Mayor of the City of Longview serves as Chairperson. N/A Lubbock MPO Chair and Vice-Chairperson are elected by majority vote of the membership. unlimited two-year terms Chair and Vice-Chairperson are elected in even numbered years by majority vote of the Permian-Basin MPO unlimited two-year terms membership present. Chair and' Vice-Chairperson must come from different counties and rotate; elected by RGVMPO two-year term simple majority of membership present. Chairperson and Vice-Chairperson: are elected by a majority of membership present; each Texarkana MPO up to 2 consecutive two-year terms must be elected official. Tyler MPO Mayor of the City of Tyler serves as Chairperson. N/A Chairperson and Vice-Chairperson are elected annually by majority vote of membership Waco MPO 1 Lone-year term present. BYLAWS AND OPERATING PROCEDURES LAREDO WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION MISSION STATEMENT To set transportation related policy, identify existing and future local transportation needs in cooperation with TxDOT, and propose and recommend projects for all modes of transportation including mass transit and active transportation, with special attention to freight ARTICLE DEFINITIONS, PURPOSE AND AUTHORITY Section 1.1 Definitions Laredo Webb County Area Metropolitan Planning Organization (LWCAMPO) is the organization, formerly known as the Laredo Urban Transportation Study, designated by the Governor ofthe State of Texas, to serve as the Metropolitan Planning Organization for the Laredo Urbanized Area. It shall be hereinafter referred to as the "MPO." Metropolitan Planning Area- The geographic area for which the MPO is responsible and in which the metropolitan transportation planning process must be carried out pursuant to Title 23 USC Section 134 and Title 49 USC Section 5303. Metropolitan Planning Organization (MPO) - The forum for cooperative transportation decision-making, as designated by the Governor, and units of general-purpose local government representing 75 percent of the affected metropolitan population. The MPO is responsible for identifying local transportation needs, in cooperation with the Texas Department ofl Transportation (TxDOT), following a "Continuing, Comprehensive, and Cooperative" transportation planning process pursuant to 23 USC 134. The MPO is also responsible for proposing and recommending projects for all modes of urban transportation to those governmental units that are responsible for program development and project implementation. Metropolitan Planning Organization Policy Committee (Policy Committee) - The policy body, established pursuant to 23 USC 134, with the responsibility for establishing overall transportation for, and taking the required approval actions as the Metropolitan Planning Organization. The Policy Committee is comprised oft those governmental agencies identified in the original designation agreement and those agencies or organizations subsequently added to the membership ofthe board. The Policy Committee shall have decision-making authority over issues such as the Unified Planning Work Program (UPWP), the Transportation Improvement Program (TIP) and the Metropolitan Transportation Plan (MTP). Metropolitan Planning Organization Technical Review Committee (Technical Committee) - The body ofthe MPO responsible for professional and technical review of work programs, policy recommendations and transportation planning activities. The Technical Committee shall review issues for accuracy and advise the Policy Committee on recommended actions. The Technical Committee is composed of representatives of the City Page 1 BYLAWS AND OPERATING PROCEDURES LAREDO WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION ofLaredo, the County of Webb, the Texas Department of Transportation and private sector representatives. Metropolitan Planning Organization Active Transportation Committee - the body of the MPO responsible for improving and promoting active modes of mobility in the MPO study area by monitoring the implementation oft the Laredo Webb County Active Transportation Plan, and providing recommendations on MPO active transportation related activities. Fiscal Agent for the Metropolitan Planning Organization (Fiscal Agent) - The governmental entity or agency designated by written agreement between the MPO Policy Committee and the governmental entity or agency providing fiscal administrative services and other services (which may: include personnel and staff support) to the MPO Policy Committee and the Staff oft the MPO. Laredo Metropolitan Transportation Plan (MTP) - The MTP is an official, comprehensive, intermodal transportation plan developed and adopted for the Laredo Metropolitan Area through the transportation planning process. The MTP identifies the existing and future transportation needs and develops coordinated strategies to provide the necessary transportation facilities essential for the continued mobility and economic vitality ofLaredo. These coordinated transportation strategies include roadway development and operations, truck and rail freight movement, transit operations, bikeways and pedestrian facilities. The development ofthe MTP is required under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to assure the continuation of federal transportation funds. The plan shall address a continuous twenty- year planning horizon. Transportation Improvement Program (TIP) - A staged, multiyear, intermodal program, of transportation projects which is consistent with the metropolitan transportation plan and which is also financially constrained. Unified Planning Work Program (UPWP) - Shall mean the program of work that includes goals, objectives and/or tasks required by each of the several agencies involved in the metropolitan transportation planning process. The UPWP shall describe metropolitan transportation and transportation-related planning activities anticipated in the area during the next one-year period and reflect transportation planning work to be funded by federal, state or local transportation or transportation-related planning funds. Section 1.2 Purpose The MPO is the designated organization responsible for identifying local transportation needs in cooperation with the Texas Department of Transportation (TxDOT). The MPO is also the entity responsible for proposing and recommending projects for all modes of urban transportation to those governmental units that are responsible for program development and project implementation. Page 2 BYLAWS AND OPERATING PROCEDURES LAREDO WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION Section 1.3 Authority The MPO shall have the following authority pursuant to 23 CFR Part 450: (a) To develop and establish policies, procedures, plans and programs for the metropolitan area. (b) To certify such actions as may be necessary to comply with state and federal regulations. (c) To establish such rules of procedure and approve such actions as it deems necessary to fulfill its purposes. (d) To ensure those requirements of 23 USC 134 and 135 and 49 USC, Chapter 53, 5301, et seq. are carried out. (e) To use federal transportation planning funds, as well as in-kind matching funds as authorized by the Texas Transportation Commission, to develop and maintain a comprehensive regional transportation planning program in conformity with requirements of23 USC 135 and 49 USC 5303. (f) To adopt a Metropolitan Transportation Plan (MTP).for the metropolitan planning area that will complement the Statewide Transportation Plan required by state and federal laws, a Transportation Improvement Program and a Unified Planning Work Program and such other planning documents and reports that may be required by state or federal laws or regulations. (g) To establish one or more advisory committees to assist in the transportation planning process and/or assist in promoting the implementation of approved plans. The Policy Committee may create ad-hoc committees or other technical subcommittees. ARTICLE II MEMBERSHIP, TERMS AND ADMINISTRATION Section 2.1 Membership and Qualifications, (a) The MPO shall be comprised of a Policy Committee and a Technical Committee. The Policy Committee shall include the following members: City ofLaredo: Mayor (Chairperson) Two City Councilmembers, as appointed by the Mayor in his/her sole discretion. Page 3 BYLAWS AND OPERATING PROCEDURES LAREDO WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION Laredo Mass Transit Board One Laredo Mass Transit Board member as appointed by the Board's presiding officer/Mayor in his/her sole discretion. County of Webb: County Judge (Vice-Chairperson) Two County Commissioners as appointed by the Webb County Judge in his/her sole discretion. State of Texas: TxDOT District Engineer Member at Large Member to be appointed by the Policy Committee *** EX-OFFICIO *** State of Texas: State Senator(s) State Representative(s) (b) Members shall serve until a replacement is qualified pursuant to section 2.1 Subsection (e). (c) The Mayor ofthe City of Laredo shall appoint the two City Councilmembers that represent the City of Laredo. (d) Laredo Mass Transit Board's presiding officer/Mayor shall appoint one member to represent the Laredo Mass Transit Board. (e) The County Judge oft the County of Webb shall appoint the two County Commissioners that represent the County of Webb. (f) Appointments to the Policy Committee shall be for a period of two years. A member may be reappointed with no limitation to number of terms, except that such term will not continue in the event an officer becomes ineligible for membership on the Policy Committee. Section 2.2 Meetings, Quorum and Voting (a) The Policy Committee shall meet at least twice per year or as often as necessary to fulfill its purposes. (b) Quorum shall consist of four (4) members ofthe voting membership. (c) The use of proxies by the voting members of the Policy Committee is prohibited. (d) The official actions of the Policy Committee shall be by affirmative action of the majority ofthe voting membership present and voting at public meetings. All meetings are to be held as Page 4 BYLAWS AND OPERATING PROCEDURES LAREDO WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION open meetings as defined in Chapter 551, Texas Government Code (Texas Open Meetings Act), and the Transportation Planning Director ofthe MPO shall insure that the written notice ofthe meeting is posted at City ofLaredo City Hall and Webb County Commissioners Court Building at least 72 hours prior to the meeting. Additionally, the notice may be posted at TxDOT Laredo District Office, and on the City ofLaredo and Webb County website. The Transportation Planning Director shall insure that at least two copies ofthe agenda and such supporting documentation as is available to the Policy Committee are made available for public inspection in the MPO offices at the same time they are made available to the Policy Committee members. (e) All official actions oft the Policy Committee shall be duly recorded in the minutes ofthe meeting. The Mayor ofthe City ofLaredo shall serve as Chairperson of the Policy Committee. The responsibilities of the Chairperson shall include, but are not limited to the following: 1. Preside at all meeting of the Policy Committee. 2. Authenticate, by signature, all resolutions adopted by the Policy Committee. 3. Serve as chief policy advocate for the Policy Committee. 4. Represent the committee at hearings, conferences, and other events as required or designate another member oft the Committee or the Chairperson oft the Technical Committee to represent the Chairperson. The County Judge oft the County ofWebb shall serve as Vice Chairperson ofthe Policy Committee. During the absence ofthe Chairperson, the Vice Chairperson shall preside over meetings and shall exercise all the duties oft the Chairperson. (h) In the absence of the Chairperson and Vice Chairperson from a Policy Committee meeting at which a quorum is present, the remaining members present shall elect a presiding officer who shall serve until the conclusion of that meeting or until the arrival of the Chairperson or Vice Chairperson. Section 2.3 Administration (a) The MPO shall be led by a full-time MPO Transportation Planning Director. The responsibilities of the Director shall include, but are not limited to the following: 1. All staff support for the Policy Committee, oversight and coordination of MPO administration and transportation planning activities, grant administration, maintaining records and providing notice of meetings as required by the Public Participation Process. 2. Shall act as Chairperson ofthe Technical Committee with responsibility for drafting findings and recommendations oft the Technical Committee for review by the Policy Committee. Page 5 BYLAWS AND OPERATING PROCEDURES LAREDO WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION 3. Shall be responsible for all plans and reports prepared by and for the review and consideration oft the Policy Committee and for submitting the recommended policies, procedures and programs ofthe Technical Committee to the Policy Committee. 4. Supervise the MPO staff. 5. Serve as a liaison to the Texas Department of Transportation's; planning program through the department's district office and the department's Transportation Planning and Programming Division' s representative. 6. In cooperation with the Texas Department of Transportation, collect, maintain, forecast, and report to the department appropriate socioeconomic, roadway, and travel data. 7. Prepare and submit all required plans, reports, programs, data, and certifications. 8. Develop and present to the MPO Policy Committee a Metropolitan Transportation Plan for the metropolitan planning area, a Transportation Improvement Program and a Unified Planning Work Program and such other planning documents and reports that may be required by state or federal laws or regulations. (b) The Technical Committee shall include the following: 1. City Representatives: Laredo City Planner The General Manager of the City Transit System Laredo Director of Traffic Safety Laredo Airport Manager Laredo City Engineer Laredo Bridge Director 2. County and Regional Representatives: Webb County Planning Director South Texas Development Council Regional Planning Director The General Manager of the Rural Transit System Webb County Engineer 3. State Representatives: TxDOT Planning Representative (Vice-Chairperson) TxDOT Planning Representative TxDOT Area Engineer TxDOT TPP Field Representative Page 6 BYLAWS AND OPERATING PROCEDURES LAREDO WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION 4. Federal representatives: FHWA Planning Representative (Austin) 5. Private Sector Representatives: A representative oft the Kansas City Southern Railroad Company A representative of the Union Pacific Railroad Company A representative of the Laredo Transportation Association A Transportation Provider Representative who shall also serve on the Laredo Transportation & Traffic Safety Advisory Committee 6. School system representatives A representative of the Laredo Independent School District A representative ofthe United Independent School District A representative of Texas A&M International University A representative of] Laredo Community College (c) Each voting member oft the Technical Committee may have a designated alternate member to serve on the committee in the member' S absence. Appointed alternate members will have the voting rights and privileges of members when serving in the absence of the Technical Committee member. The responsibilities ofthe Technical Committee include technical review of work programs, policy recommendations and transportation planning activities. (d) The Active Transportation Committee (ATC) 1. The responsibilities of the Active Transportation Committee shall include the following: a. Monitor the implementation of the Laredo and Webb County Active Transportation Plan. b. Recommend active transportation related planning studies to be conducted. C. Provide recommendations to the MPO Policy Committee regarding active transportation planning activities. d. Advise the MPO Policy Committee on active transportation related technical and policy issues. e. Explore and recommend funding options and opportunities for active transportation related projects. f. Promote community outreach efforts such as bicycle and pedestrian safety campaigns and educational programs. 2. Membership a. The Active Transportation Committee shall be composed of a broad group of representatives from the regional community. Page 7 BYLAWS AND OPERATING PROCEDURES LAREDO WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION b. Members shall be selected by MPO staff. C. The MPO Director shall select the Active Transportation Committee Chair. Section 2.4 Ethic Policy for MPO Policy Members and Employees (a) A policy board member or employee of a metropolitan planning organization may not: (1) accept or solicit any gift, favor, or service that might reasonably tend to influence the member or employee in the discharge of official duties or that the member or employee knows or should know is being offered with the intent to influence the member's or employee's official conduct; or, (2) accept other employment or engage in a business or professional activity that the member or employee might reasonably expect would require or induce the member or employee to disclose confidential information acquired by reason of the official position; or, (3) accept other employment or compensation that could reasonably be expected to impair the member's or employee's independence ofjudgment in the performance of the member's or employee's official duties; or, (4) make personal investments that could reasonably be expected to create a substantial conflict between the member's or employee's private interest and the public interest; or, (5) intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised the member's 's or employee's official powers or performed the member's or employee's official duties in favor ofanother. Page 8 BYLAWS AND OPERATING PROCEDURES LAREDO WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION ARTICLE III - AMENDMENTS Section 3.1 Bylaw Revisions The Bylaws may be revised or amended by approval of the Policy Committee at a meeting at which a quorum, as defined herein, is present. PASSED AND APPROVED, on this the SH dojuf Sefr 2021 M HomorbiePsie.am, / Mayor of Laredo and Chairperson of the LWCAMPO Transportation Planning Committee We certify that the LWCAMPO By-laws were revised at a public meeting oft the Policy Committee of the Laredo Webb County Area Metropolitan Planning Organization. Juan S. Mendive avid M. Salazar Interim MPO Director TxDOT District Engineer Page 9 23 CFR 450.310 (up to date as of3/14/2023) 23 CFR 450.310 Metropolitan planning organization designation and redesignat.. This content is from the eCFR and is authoritative but unofficial. Title 23 - Highways ChapterI-] Federal Highway Administration, Department of Transportation Subchapter E - Planning and Research Part 450 - Planning Assistance and Standards Subpart C-1 Metropolitan Transportation Planning and Programming Authority: 23 U.S.C. 134 and 135; 42 U.S.C. 7410 et seq.; 49 U.S.C. 5303 and 5304; 49 CFR 1.85 and 1.90. Source: 81 FR 34135, May 27, 2016, unless otherwise noted. S 450.310 Metropolitan planning organization designation and redesignation. (a) To carry out the metropolitan transportation planning process under this subpart, an MPO shall be designated for each urbanized area with a population of more than 50,000 individuals (as determined by the Bureau of the Census). b) MPO designation shall be made by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city, based on population, as named by the Bureau of the Census) or in accordance with procedures established by applicable State or local law. (c) The FHWA and the FTA shall identify as a TMA each urbanized area with a population of over 200,000 individuals, as defined by the Bureau of the Census. The FHWA and the FTA shall also designate any urbanized area as a TMA on the request of the Governor and the MPO designated for that area. d) TMA structure: (1) Not later than October 1, 2014, each metropolitan planning organization that serves a designated TMA shall consist of:) Local elected officials; (ii) Officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and (ii) Appropriate State officials.) 2) An MPO may be restructured to meet the requirements of this paragraph (d) without undertaking a redesignation. 3) Representation (i) Designation or selection of officials or representatives under paragraph (d)(1) oft this section shall be determined by the MPO according to the bylaws or enabling statute of the organization. (ii) Subject to the bylaws or enabling statute of the MPO, a representative of a provider of public transportation may also serve as a representative of a local municipality. (iii) An official described in paragraph (d)(1)(ii) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate with other officials described in paragraph (d)(1) oft this section. 23 CFR450310d)3)tdi)enhanced display) pagelof3 23 CFR 450.310 (up to date: as of3/14/2023) 23 CFR 450.310(d)(4) Metropolitan planning organization designation and redesignat.. 4) Nothing in this section shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities To develop the plans and TIPS for adoption by an MPO; and II) To develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. (e) To the extent possible, only one MPO shall be designated for each urbanized area or group of contiguous urbanized areas. More than one MPO may be designated to serve an urbanized area only if the Governor(s) and the existing MPO, if applicable, determine that the size and complexity of the urbanized area-make designation of more than one MPO appropriate. In those cases where two or more MPOs serve the same urbanized area, the MPOs shall establish official, written agreements that clearly identify areas of coordination, and the division of transportation planning responsibilities among the MPOs. Nothing in this subpart shall be deemed to prohibit an MPO from using the staff resources of other agencies, non-profit organizations, or contractors to carry out selected elements of the metropolitan transportation planning process. g) An MPO designation shall remain in effect until an official redesignation has been made in accordance with this section. (h) An existing MPO may be redesignated only by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing metropolitan planning area population (including the largest incorporated city, based on population, as named by the Bureau of the Census). For the purposes of redesignation, units of general purpose local government may be defined as elected officials from each unit of general purpose local government located within the metropolitan planning area served by the existing MPO. Redesignation of an MPO (in accordance with the provisions of this section) is required whenever the existing MPO proposes to make: (1) A substantial change in the proportion of voting members on the existing MPO representing the largest incorporated city, other units of general purpose local government served by the MPO, and the State(s); or 2) A substantial change in the decisionmaking authority or responsibility of the MPO, or in decisionmaking procedures established under MPO by-laws. k) Redesignation of an MPO serving a multistate metropolitan planning area requires agreement between the Governors of each State served by the existing MPO and units of general purpose local government that together represent at least 75 percent of the existing metropolitan planning area population (including the largest incorporated city, based on population, as named by the Bureau of the Census). (I) The following changes to an MPO do not require a redesignation (as long as they do not trigger a substantial change as described in paragraph () of this section): (1) The identification of a new urbanized area (as determined by the Bureau of the Census) within an existing metropolitan planning area; 2) Adding members to the MPO that represent new units of general purpose local government resulting from expansion of the metropolitan planning area; 23 CFR45031002/emhanced display) page2of3 23 CFR 450.310 (up to date: as of3/14/2023) 23 CFR 450.310(1)(3) Metropolitan planning organization designation and redesignat.. (3) Adding members to satisfy the specific membership requirements described in paragraph (d) of this section for an MPO that serves a TMA; or 4) Periodic rotation of members representing units of general-purpose local government, as established under MPO by-laws. (m) Each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate MPOs shall, to the extent practicable, provide coordinated transportation planning for the entire MPA. The consent of Congress is granted to any two or more States to: (1) Enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under 23 U.S.C. 134 and 49 U.S.C. 5303 as the activities pertain to interstate areas and localities within the States; and 2) Establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. [81 FR. 34135, May 27, 2016, as amended at 81 FR 93470, Dec. 20, 2016; 82 FR. 56543, Nov. 29, 2017] 23 CRA5030a2leahaned display) page3of3 LAREDO - & WEBB COUNTY I AREA METROPOLITAN PLANNING ORGANIZATION Item IV.C. Discussion with possible action on the Hachar-Reuthinger Road project, including the allocation and programming of additional Category 7 funds in the amount of $47.79 million, bringing the Category 7 total to $100 million, for the construction of Hachar- Reuthinger Road four lane divided highway (CSJ 0922-33-165 and 0922-33-166). DocuSign Envelope ID: C60FD956-A295-49FF-8047-A7E5AA767EB1 Texas Department of Transportation 1817 BOB BULLOCK LOOP, LAREDO, TEXAS 78043-9770 I 956.712.7400 I WWW.IXDOT.GOV March 6, 2023 Juan Mendive Director Laredo & Webb County Area MPO 1413 Houston St. Laredo, Texas 78040 Dear Mr. Mendive: The Texas Department of Transportation is committed to bring Hachar-Reuthinger project to fruition and continues to actively work on this and seek solutions to meet the FY 2024 letting date. A request to designate this road as part of the State Highway system has been submitted to administration and will be presented to the Texas Transportation Commission in an upcoming meeting. This action will allow this project to be eligible for other funding categories only available to On-System roadway projects. We are optimistic our request will be approved and have prepared a plan of action to fund the $94,377,121.00 deficit on this project. As part of this plan, we recommend that additional $47,786,219.00 Category 7 funds be allocated to this project. The remaining deficit will be funded with Category 2, Category 4U (contingent upon approval of this project being designated as On-System) and Cat 11 BSIF. Please note, this additional allocation will not affect projects currently programmed with Category 7. The table below depicts the recommended funding strategy. Proposed Changes Programmed Cat7 Cat 2/ Cat 4/ Cat Total Addt'l Cat 7 11 BSIF Hachar 30,773,113.00 47,786,219.00 7,265,098.00 85,824,430.00 0922-33-165 Reuthinger 21,440,668.00 39,325,804.00 60,766,472.00 0922-33-166 $5 52,213,781.00 $4 47,786,219.00 $ 46,590,902.00 146,590,902.00 Revised Cat 7 $ 100,000,000.00 We are confident that these changes will bring us closer to the finish line and successfully achieve our common goal of bringing this much expected project to fruition for the benefit of the community. OUR VALUES: People Accountability . Trust . Honesty OURI MISSION: Connecting You with Texas AnE Equal Opportunity Employer DocuSign Envelope ID: C60FD956-A295-49FF-8047-A7E5AA767EB1 Mr. Juan Mendive Page 2 of 2 March 6, 2023 Let us know if you would like to meet to further discuss or if you need more information from us. Sincerely, DocuSigned by: Kolurto Kolrigun Il B6BEDÇ D58848E. Roberto Rodriguez III., P.E. Director of Transportation Planning & Development CC: Epigmenio "Epi" Gonzalez, P.E., District Engineer, TXDOT Dr. Victor D. Trevino, Mayor of Laredo, MPO Policy Committee Tano Tijerina, Webb County Judge, MPO Policy Committee Vanessa Perez, City Councilmember, MPO Policy Committee Jed A. Brown, MPO Policy Committee OUR VALUES: People . Accountability Trust Honesty OUR MISSION: Connecting You with Texas An Equal Opportunity Employer Laredo Webb County Area MPO Category 7 Funding 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033* Total Total Targets $56,794,853 $8,154,760 $8,317,866 $8,484,234 $8,157,959 $8,157,959 $8,157,959 $8,157,959 $8,157,959 $8,157,959 $8,157,956 $138,857,423 MPO Programmed $52,213,781 $1,000,000 $7,030,287 $8,484,234 $8,015,766 $1,000,000 $0 $0 $0 $0 $0 $77,744,068 Balance $4,581,072 $7,154,760 $1,287,579 $0 $142,193 $7,157,959 $8,157,959 $8,157,959 $8,157,959 $8,157,959 $8,157,956 $61,113,355 CSI MPOProgrammed Projects Programmed ($) Fiscal Year (FY) 0922-33-165 Hachar Roadway" $30,773,113 FY23 0922-33-166 Reuthinger Road $21,440,668 FY23 0922-33-213 WorldTrade Bridge Expansion $1,000,000 FY24 0086- -16-008 Interchange at Lomas del Sur &SL20 $7,030,287 FY25 0922-33-205 Vallecillo Road $16,500,000 FY26-27 TBD Outer Loops souths segments ROW/Phase $1,000,000 FY2028 MPO Total Programmed $77,744,068 *Proposed funding target in Draft 2024 Unified' Transportation Program (UTP) "*Programmed: amount includes CAT7 CRRSAA Funds allocated on November 17, 2021. Hachar-Reuthinger Road Project Right-of-Way Acquisition Information provided by City of Laredo March, 2023 Hachar-Reuthinger Road Project Property Owner Parcel Survey Received Interest Letter Sent Appraisal Offer Letter Title Commitment Requested City Council Closing NDH Hachar Trust 1 2/7/2023 3/7/2023 3/3/2023 NDHachar Trust 2 2/7/2023 3/7/2023 3/3/2023 NDHachar Trust 5 3/6/2023 3/7/2023 3/3/2023 Property Owner Parcel Survey Received Appraisal Offer Letter Title Commitment Requested City Council Closing FM1 1472 Investments! Inc 3 2/7/2023 3/3/2023 3/3/2023 Property Owner Parcel Survey Received Appraisal Offer Letter Title Commitment Requested City Council Closing Indral Inc 4 2/7/2023 3/7/2023 3/3/2023 Property Owner Parcel Survey Received Appraisal Offer Letter Title Commitment Requested City Council Closing Reuthinger Living Trust 6 2/7/2023 3/3/2023 3/3/2023 Property Owner Parcel Survey Received Appraisal Offer Letter Title Commitment Requested City Council Closing North Laredol Industrial Park Ltd 7 2/7/2023 ONHOLD CITY OF LAREDO DEPARTMENT OF COMMUNITY DEVELOPMENT REAL ESTATE DIVISION LARRS.YEKA 1755 March 3, 2023 FM 1472 Investments Inc Certified Mail: 702119700000055651898 182 Stable Road Laredo, Texas 78045 County: Webb Highway: Hachar-Reuthinger Road CSJ: 0922-33-165 Limits: From F.M. 1472 To IH-35 RCSJ: N/A Parcel No: 3 Dear FM 1472 Investments Inc., In an effort to address the continued growth and development in north Laredo, the City of Laredo is pursuing the construction of a new controlled-access facility "Hachar- Reuthinger Road" as a mean to improve traffic flow and congestion issues in the area of FM 1472 (Mines Road) to IH35. A portion of your property with Property ID#307025 legally described as ABST 278 POR 12 S Sanchez 17.508 ACS is of primary interest to the City for the development of said road. In acquiring real estate property, you as property owner have specific rights as per Texas State statutes, included for your information is the Texas Landowner's Bill of Rights and When a Public Agency Acquires your Property. Ifyou should have further questions or need additional information on this matter, please feel free to contact me at the Department of Community Development Real Estate Division at (956) 795-5706 or via email at martinez@cllardoik.s: Sincerely, pmeMahs Norma Martinez Real Estate Manager Encl. Webbcad Property Information Texas Landowner's Bill of Rights When a Public Agency Acquires Your Property Survey (Parcel Plat) 1301 FARRAGUT P.O.BOX 1276 LAREDO, TEXAS 78042-1276 TEL. 956.795.2675 FAX 956.795.2689 PID 307025 Property Summary Report 2023 Online Services WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 307025 Name: FM1472 INVESTMENTS INC Geographic ID: 900-90121-055 Secondary Name: Type: R Mailing Address: 182 STABLE RD LAREDO TX US 78045- Zoning: M-1 3406 Agent: Owner ID: 10177162 Legal Description: ABST 278 POR 12 S SANCHEZ % Ownership: 100.00 17.508 ACS Exemptions: Property Use: M LOCATION Address: Market Area: Market Area CD: RANW1 Map ID: R37 a T - Zoning: M-1 % N AA 4 - ww Googlema Maxar Technokgies, USDAFPAC/GE VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A Improvement Homesite: N/A Improvement Non-Homesite: N/A Total Improvement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 2021 2020 2019 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market Improvement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $276,444 $0 $0 $276,444 $0 $276,444 2021 $276,444 $0 $0 $276,444 $0 $276,444 2020 $331,310 $0 $0 $331,310 $0 $331,310 2019 $331,310 $0 $0 $331,310 $0 $331,310 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> 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 good faith offer that conforms with chapter 21 of the Texas property is condemned. Property Code. 2. Your property can only be condemned for a public use. 8. You may hire an appraiser or other professional to 3. Your property can only be condemned by a governmenta. determine the value of your property or to assist you in any entity or private entity authorized by law to do SO. condemnation oroceeding. 4. The entity that wants to acquire your property must notify 9. You may hire an attorney to negotiate with the condemning you that it intends to condemn your property. entity and to represent you in any legal proceedings 5. The entity proposing to acquire your property must provide involving the condemnation. you with a written appraisal from a certified appraiser 10.Before your property is condemned, you are entitled to a detailing the adequate compensation you are owed for your hearing before a court-appointed panel of three special property. commissioners. The special commissioners must determine 6. If you believe that a registered easement or right-of-way the amount of compensation the condemning entity owes agent acting on behalf of the entity that wants to acquire for condemning your property. The commissioners must your property has engaged in misconduct, you may file a also determine what compensation, if any, you are entitled written complaint with the Texas Real Estate Commission to receive for any reduction in value of your remaining (TREC) under section 1101.205 of the Texas Occupations property. Code. The complaint should be signed and may include any 11.1f you are unsatisfied with the compensation awarded by supporting evidence. the special commissioners, or if you question whether the 7. The condemning entity must make a bona fide offer to condemnation of your property was proper, you have the buy the property before it files a lawsuit to condemn the right to a trial by a judge or jury. You may also appeal the property-meaning the condemning entity must make a trial court's. judgment ify you are unsatisfied with the result. PREPARED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS . JANUARY 2022 CONDEMNATION PROCEDURE Eminent domain is the legal authority certain governmentaland address of the person listed as the property owner on the private entities have to condemn private property for public most recent tax roll at least seven days before making its use in exchange for adequate compensation. Only entities final offer to acquire the property. authorized by law to do sO may condemn private property. If the condemnor seeks to condemn a right-of-way Private property can include land and certain improvements easement for a pipeline or electric transmission line and that are on that property. is a private entity, the condemnor must also provide you a copy of the Landowner's Bill of Right's addendum. WHO CAN I HIRE TO HELP ME? The addendum describes the standard terms required You can hire an appraiser or real estate professional to help you in an instrument conveying property rights (such as a determine the value of your property as well as an attorney to deed transferring title or an easement spelling out the negotiate with a condemning entity or to represent you during easement rights) and what terms you can negotiate. condemnation proceedings. Make al bona fide offert toj purchase the property. This process is described more fully in chapter 21 of the Texas Property WHAT QUALIFIES AS Al PUBLIC PURPOSE OR USE? Code. A "bona fide offer" involves both an initial written offer Your property may be condemned only for a purpose or use as well as a final written offer. that serves the general public. This could include building or Thei initial written offer must include: expanding roadways, public utilities, parks, universities, and a copyo oft thel Landowner's Bill of Rights and addendum other infrastructure serving the public. Texas law does not (if applicable); allow condemning authorities to exercise eminent domain for either a large-font, bold-print statement saying tax revenue or economic development. whether the offered compensation includes damages WHAT IS ADEQUATE COMPENSATION? toi the remainder ofyour remaining propertyora a formal appraisal of the that identifies Adequate compensation typically means the market value property any damages of the property being condemned. It could also include to the remaining property (if any); certain damages if your remaining property's market value the conveyance instrument (such as an easement or is diminished by the condemnation or the public purpose for deed); and which it is being condemned. the name and telephone number of an employee, affiliate, or legal representative of the condemning OTHER THAN ADEQUATE COMPENSATION. WHAT entity. OTHER COMPENSATION COULD I BE OW/ED? Thef final written offer must be made at least 30 days after Ify you are displaced from your residence or place of business, the initial written offer and must include, if not previously you may be entitled to reimbursement for reasonable expenses provided: incurred while moving to a new site. However, reimbursement compensation equal to or more than the amount listed costs may not be available if those expenses are recoverable in a written, certified appraisal that is provided to you; under another law. Also, reimbursement costs are capped at copies of the conveyance instrument; and the market value of the property. thel Landowner's Bill of Rights. Disclose any appraisal reports. W/hen making its initial offer, WHAT DOES A CONDEMNOR HAVE TO DO BEFORE the condemning entity must share its appraisal reports that CONDEMNING MY PROPERTY? relate to the property from the past 10 years. You have the Provide you a copy of this Landowner's Bill of Rights before, right to discuss the offer with others and to either accept or or at the same time as, the entity first represents that it reject the offer made by the condemning entity. possesses eminent domain authority. It is also required to send this Landowner's Bill of Rights to the last known 2 REV 1/22 WHAT IFI DO NOT. ACCEPT AN OFFER BY THE by certified mail, return receipt requested, and first class mail. CONDEMNING AUTHORITY? It must also send a copy to your attorney if you are represented The condemnor must give you at least 14 days to consider the by counsel. final offer before filing a lawsuit to condemn your property, which begins the legal condemnation process. W/HAT DOES THE CONDEMNOR HAVE TO INCLUDE IN THE LAW/SUIT FILED WITH THE COURT? HOW DOES THE LEGAL CONDEMNATION The lawsuit must describe the property being condemned and PROCESS START? state the following: the public use; your name; that you and the The condemnor can start the legal condemnation process by condemning entity were unable to agree on the value of the filing a lawsuit to acquire your property in the appropriate court property; that the condemning entity gavey you the Landowner's of the county where the property is located. When filing the Bill of Rights; and that the condemning entity made a bona fide petition, the condemnor must send you a copy of the petition offer to voluntarily purchase the property from you. SPECIAL COMMISSIONERS HEARING AND AWARD No later than 30 days after the condemning entity files a monetaycompensationythevaueotnepropenycondemned condemnation lawsuit in court, the judge will appoint three and the value of any damages to the remaining property. They local landowners to serve as special commissioners and two do not decide whether the condemnation is necessary or if the alternates. The judge will promptly give the condemnor a public use is proper. Further, the special commissioners do not signed order appointing the special commissioners and the have the power to alter the terms of an easement, reduce the condemnor must give you, your lawyer, and other parties a size of the land acquired, or say what access will be allowed copy of the order by certified mail, return receipt requested. to the property during or after the condemnation. The special The special commissioners will then schedule a condemnation commissioners also cannot determine who should receive what hearing at the earliest practical time and place and to give you portion of the compensation they award. Essentially, the special written notice of the hearing. commissioners are empowered only to say how much money the condemnor should pay for the land or rights being acquired. - W/HO CAN BE. A SPECIAL COMMISSIONER? 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. WHAT DO THE SPECIAL COMMISSIONERS DO? The special commissioners' job is to decide what amount of WHAT IFI WANT TO OBJECT TO A SPECIAL money is adequate to compensate you for your property. The COMMISSIONER? special commissioners will hold a hearing where you and other The judge must provide to the parties the names and contact interested parties may introduce evidence. Then the special information of the special commissioners and alternates. commissioners will determine the amount of money that is Each party will have up to 10 days after the date of the order adequate compensation and file their written decision, known appointing the special commissioners or 20 days after the date as an "Award," in the court with notice to all parties. Once the the petition was filed, whichever is later, to strike one of the Award is filed, the condemning entity may take possession and three special commissioners. If a commissioner is struck, an start using the property being condemned, even if one or more alternate will serve as a replacement. Another party may strike parties object to the. Award of the special commissioners. a special commissioner from the resulting panel within three days after the date the initial strike was filed or the date of the ARE THERE LIMITATIONS ON WHAT THE SPECIAL initial strike deadline, whichever is later. COMMISSIONERS CAN DO? Yes. The special commissioners: are tasked only with determining 3 REV 1/22 WHAT WILL HAPPEN AT THE SPECIAL DOIHAVE TO PAY FOR THE SPECIAL COMMSSIONERS COMMISSIONERS HEARING? HEARING? The special commissioners will consider any evidence (such If the special commissioners' award is less than or equal to as appraisal reports and witness testimony) on the value of the amount the condemning entity offered to pay before the your condemned property, the damages or value added to proceedings began, then you may be financially responsible remaining property that is not being condemned, and the for the cost of the condemnation proceedings. But, ift the award condemning entity's proposed use of the property. is more than the condemning entity offered to pay before the proceedings began, then the condemning entity will be WHAT ARE MY RIGHTS AT THE SPECIAL responsible for the costs. COMMISSIONERS HEARING? You have the right to appear or not appear at the hearing. If WHAT DOES THE CONDEMNOR NEED TO DO TO TAKE you do appear, you can question witnesses or offer your POSSESSION OF THE PROPERTY? own evidence on the value of the property. The condemning Once the condemning entity either pays the amount of the entity must give you all existing appraisal reports regarding award to you or deposits it into the court's registry, the entity your property used to determine an opinion of value at least may take possession of the property and put the property to three days before the hearing. If you intend to use appraisal public use. Non-governmental condemning authorities may reports to support your claim about adequate compensation, also be required to post bonds in addition to the award amount. you must provide them to the condemning entity 10 days after You have the right to withdraw funds that are deposited into the you receive them or three business days before the hearing, registry of the court, but when you withdraw the money, you whichever is earlier. can no longer challenge whether the eminent domain action is valid-only whether the amount of compensation is adequate. OBJECTING TO THE SPECIAL COMMISSIONERS AWARD If you, the condemning entity, or any other party is unsatisfied right to a trial and can elect whether to have the case decided with the amount of the award, that party can formally object. The by a judge orj jury. objection must be filed in writing with the court and is duel by the first Monday following the 20th day after the clerk gives notice W/HO PAYS FOR TRIAL? that the commissioners have filed their award with the court. If If the verdict amount at trial is greater than the amount of the no party timely objects to the special commissioners' award, the special commissioners' award, the condemnor may be ordered court will adopt the award amount as the final compensation to pay costs. If the verdict at trial is equal to or less than the due and issue a finaljudgment in absence of objection. amount the condemnor originally offered, you may be ordered to pay costs. WHAT HAPPENS AFTER - OBJECT TO THE SPECIAL COMMISSIONERS AWARD? IS THE TRIAL VERDICT THE FINAL DECISION? If a party timely objects, the court will hear the case, just like Not necessarily. After trial any party may appeal the judgment other civil lawsuits. Any party who objects to the award has the entered by the court. 4 REV 1/22 DISMISSAL OF THE CONDEMNATION ACTION A condemnation action may be dismissed by either the the court grants the landowner's motion, the court may award condemning authority itself or on a motion by the landowner. the landowner reasonable and necessary fees and expenses incurred to that date. WHAT HAPPENS IF THE CONDEMNING AUTHORITY NO LONGER WANTS TO CONDEMN MY PROPERTY? CANIC GET MY PROPERTY BACK IF IT IS CONDEMNED If a condemning entity decides it no longer needs your BUT NEVER PUT TO A PUBLIC USE? condemned oroperty, it can file a motion to dismiss the You may have the right to repurchase your property if your condemnation proceeding. If the court grants the motion to property is acquired through eminent domain and: dismiss, the case is over, and you can recover reasonable and the public use for which the property was acquired is necessary fees for attorneys, appraisers, photographers, and canceled before that property is put to that use, for other expenses up to that date. no actual progress is made toward the public use within 10 years, or WHAT IF I DO NOT THINK THE CONDEMNING ENTITY the property becomes unnecessary for public use within HAS THE RIGHT TO CONDEMN MY PROPERTY? 10 years. You can challenge the right to condemn your property by filing a motion to dismiss the condemnation proceeding. For The repurchase price is the price you were paid at the time of example, a landowner could challenge the condemning entity's the condemnation. claim that it seeks to condemn the property for a public use. If ADDITIONAL RESOURCES AND ADDENDA For more information about the procedures, timelines, and The information in this statement is intended to be a summary requirements outlined in this document, see chapter 21 of of the applicable portions of Texas state law as required by the Texas Property Code. An addenda discussing the terms HB 1495. enacted by the 8oth Texas Legislature, Regular required for an instrument of conveyance under Property Code Session, and HB 2730, enacted by the 87th Texas Legislature, section 21.0114(c), and the conveyance terms that a property Regular Session. This statement is not legal advice and is not a owner may negotiate under Property Code section 21.0114(d), is substitute for legal counsel. attached to this statement. 5 REV1 1/22 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS ADDENDUM A: Required Terms for an Instrument Conveying a Pipeline Right-of-Way Easement or an Easement Related to Pipeline Appurtenances' (1) The maximum number of pipelines that may be installed in the right-of-way acquired through this instrument is (2) The types of pipeline appurtenances that are authorized to be installed under this instrument for pipeline-related appurtenances, such as pipes, valves, compressors, pumps, meters, pigging stations, dehydration facilities, electric facilities, communication facilities, and any other appurtenances that may be necessary or desirable in connection with a pipeline, are described as follows: (3) The maximum diameter, excluding any protective coating or wrapping, of each pipeline to be initially installed under this instrument for a pipeline right-of-way is (4) For each pipeline to be installed under this instrument, the type or category of substances permitted to be transported through each pipeline is (5) Any aboveground equipment or facility that Grantee? intends to install, maintain, or operate under this instrument on the surface of the pipeline easement is described as follows: (6) A description or illustration of the location of the easement, including a metes and bounds or centerline description, plat, or aerial or other map-based depiction of the location of the easement on the property, is attached as Exhibit (7) The maximum width of the easement under this instrument is (8) For each pipeline to be installed under this instrument, the minimum depth at which the pipeline will initially be installed is (9) The entity installing pipeline(s) under this instrument: (check one) intends to double-ditch areas of the pipeline easement that are not installed by boring or horizontal directional drilling. does not intend to double-ditch areas of the pipeline easement that are not installed by boring or horizontal directional drilling. (10) Grantee shall provide written notice to Grantor3, at the last known address of the person in whose name the property is listed on the most recent tax roll of any taxing unit authorized to levy property taxes against the property, if and when Grantee assigns any interest conveyed under this instrument to another entity, provided that this provision does not require notice by Grantee for assignment to an affiliate or to a successor through merger, consolidation, or other sale or transfer of all or substantially all of its assets and businesses. (11) The easement rights conveyed by this instrument are: (check one) exclusive. nonexclusive. 1 The easement terms listedi int this addendum may be amended, altered, or omitted by the agreement of the condemning authority and the landowner, pursuant to Sections 21.0114(d), (e), and (f) of the Texas Property Code. 2 Grantee"i is the private entity, as defined by Section 21.0114(a) of the Texas Property Code, that is acquiring the pipeline easement. 3 Grantor" is the property owner from whom the Grantee is acquiring the pipeline easement. 6 REV 1/22 (12) Grantee may not grant to a third party access to the easement area for a purpose that is not related to one of the following: the construction, safety. repair, maintenance, inspection, replacement, operation, or removal of each pipeline to be installed under this instrument or of pipeline appurtenances to be installed under this instrument. (13) Grantor: (check one) may recover from Grantee actual monetary damages, if any, arising from the construction and installation of each pipeline to be installed under this instrument. acknowledges that the consideration paid for the easement. acquired undert this instrument includes monetary damages, if any, arising from the construction and installation of each pipeline to be installed under this instrument. (14) After initial construction and installation of each pipeline installed under this instrument, Grantor: (check one) may recover from Grantee actual monetary damages, if any, arising from the repair, maintenance, inspection, replacement, operation, or removal of each pipeline to be installed under this instrument. acknowledges that the consideration paid for the easement acquired under this nstrument includes monetary damages, if any. arising from the repair, maintenance, inspection, replacement, operation, or removal of each pipeline to be installed under this instrument. (15) Grantor: (check one) and Grantee agree, with regard to Grantee's removal, cutting, use, repair, and replacement of gates and fences that cross the easement or that will be used by Grantee under this instrument, that Grantee will access and secure the easement acquired under this instrument as follows: may recover from Grantee payment for monetary damages, if any. caused by Grantee to gates and fences, if any, to the extent that the gates or fences are not restored or paid for as part of the consideration paid for the instrument. LJ acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, ifa any, caused by Grantee to gates and fences. (16) With regard to restoring the pipeline easement area acquired under this instrument and Grantor's remaining property used by Grantee to as near to original condition as is reasonably practicable and maintaining the easement in a manner consistent with the purposes for which the easement is to be used under this instrument: (check one) D Grantee will be responsible for the restoration. Grantee will reimburse Grantor for monetary damages that arise from damage to the pipeline easement area or the Grantor's remaining property, if any, caused by the Grantee and not restored or paid for as part of the consideration for the instrument. acknowledges that the consideration paid for the easement acquired under this instrument ncludes monetary damages, ifa any, caused by Grantee to the pipeline easement area or the Grantor's remaining property. (17) Grantee's rights of ingress, egress, entry, and access on, to, over, and across Grantor's property under this instrument are described as follows: (18) Grantee may not make use of the property rights acquired by this instrument, other than as provided by this instrument, without the express written consent of Grantor. (19) The terms of this instrument bind the heirs, successors, and assigns of Grantor and Grantee. 7 REV1 1/22 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS ADDENDUM B: Required Terms for an Instrument Conveying an Electric Transmission Line Right-of-Way Easement (1) The uses of the surface of the property to be encumbered by the electric transmission line right-of-way easement acquired by Grantees under this instrument are generally described as follows: (2) A description or illustration of the location of the electric transmission line right-of-way easement, including a metes and bounds or centerline description, plat, or aerial or other map-based depiction of the location of the easement on the property, is attached as Exhibit (3) The maximum width of the electric transmission line right-of-way easement acquired by this instrument is (4) Grantee will access the electric transmission line right-of-way easement acquired under this instrument in the following manner: (5) Grantee may not grant to ai third party access to the electric transmission line right-of-way easement area for a purpose that is not related to the construction, safety, repair, maintenance. inspection, replacement, operation, or removal of the electric and appurtenant facilities installed under this instrument. (6) Grantors: (check one) may recover from Grantee actual monetary damages, if any, arising from the construction, operation, repair, maintenance.ir Inspection.replacement. andfutureremovalofinesandsupport facilities: afteri initial construction ini the easement, if any. acknowledges that the consideration paid for the easement acquired underi this instrument includes monetary damages, if any, arising from the construction, operation, repair, maintenance, inspection, replacement, and future removal of lines and support facilities after initial construction in the easement. (7) Grantor: (check one) and Grantee agree, with regard to Grantee's removal, cutting, use, repair, and replacement of gates and fences that cross the easement or that will be used by Grantee under this instrument, that Grantee will access and secure the easement acquired under this instrument as follows: may recover from Grantee payment for monetary damages, if any, caused by Grantee to gates and fences, if any, tot the extent that the gates or fences are not restored or paid for as part of the consideration paid for the instrument. acknowledges that the consideration paid for the easement acquired under thisi instrument includes monetary damages, if any, caused by Grantee to gates and fences. 4 The easement terms listed in this addendum may be amended, altered, or omitted by the agreement oft the condemning authority and the landowner, pursuant to Sections 21.0114(d), (e), and (f) of the Texas Property Code. 5 Grantee" is the private entity, as defined by Section 21.0114(a) of the Texas Property Code, that is acquiring the electric transmission line right-of-way easement. 6 "Grantor" is the property owner from whom the Grantee is acquiring the electric transmission line right-of-way easement. 8 REV 1/22 (8) Grantee shall restore the easement area and Grantor's remaining property to their original contours and grades, to the extent reasonably practicable, unless Grantee's: safety or operational needs and the electric facilities located on the easement would be impaired. With regard to restoring the electric transmission line right-of-way easement area acquired under this instrument and Grantor's remaining property used by Grantee to as near to original condition as is reasonably practicable following future damages, ifa any, directly attributed to Grantee's use of the easement: (check one) Grantee will be responsible for the restoration, unless the safety or operational needs of Grantee and the electric facilities would be impaired. Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes future damages, if any, caused by Grantee to the easement area or the Grantor's remaining property. (9) The easement rights acquired under this instrument are: (check one) J exclusive. nonexclusive. otherwise limited under the terms of the instrument as follows: (10) Grantee may not assign Grantee's interest in the property rights acquired under this nstrument to an assignee that will not operate as a utility subject to the jurisdiction of the Public Utility Commission of Texas or the Federal Energy Regulatory Commission without written notice to Grantor at the last known address of the person in whose name the property is listed on the most recent tax roll of any taxing unit authorized to levy property taxes against the property. (11) Grantee may not make use ofi the property rights acquired by this instrument, other than as provided by this instrument, without the express written consent of Grantor. (12) The terms of this instrument bind the heirs, successors, and assigns of Grantor and Grantee. 9 REV 1/22 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS ADDENDUM C: Optional Terms for an Instrument Conveying a Pipeline Right-of-Way Easement, an Easement Related to Pipeline Appurtenances, or an Electric Transmission Line Right-of-Way Easement? (1) With regard to the specific vegetation described as follows: Grantor8: (check one): may recover from Grantee9 payment for monetary damages, if any, caused by Grantee to the vegetation. Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee toi the vegetation. (2) With regard toi income loss from disruption of existing agricultural production or existing leases based on verifiable loss or lease payments caused by Grantee's use of the easement acquired under this instrument, Grantor: (check one) may recover from Grantee payment for monetary damages, if any, caused by Grantee to Grantor's income. Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to Grantor's income. (3) Grantee shall maintain commercial liability insurance or self-insurance at all times, including during Grantee's construction and operations on the easement, while Grantee uses the easement acquired under this instrument. The insurance must insure Grantor against liability for personal injuries and property damage sustained by any person to the extent caused by the negligence of Grantee or Grantee's agents or contractors and to the extent allowed by law. If Grantee maintains commercial liability insurance, it must be issued by an insurer authorized to issue liability insurance in the State of Texas. (4) If Grantee is subject to the electric transmission cost-of-service ratej jurisdiction of the Public Utility Commission of Texas or has a net worth of at least $25 million, Grantee shall maintain commercial liability insurance or self-insurance at levels approved by the Public Utility Commission of Texas in the entity's most recent transmission cost-of-service base rate proceeding. 7 Pursuant to Section 21.0114(d) oft the Texas Property Code, in addition to the terms set forth in Addenda, A and B, a property owner may negotiate for the inclusion of thet termsi int this Addendumi in any instrument conveying an easement toay private entity, as defined by Section: 21.0114(a) oft the Texas Property Code. The easement terms listed in this addendum may be amended, altered, or omitted by the agreement of the condemning authority and the land- owner, pursuant to Sections 21.0114(d), (e), and (f) oft the Texas Property Code. 8 "Grantor" is the property owner from whom the Grantee is acquiring the pipeline or electrict transmission line right-of-way easement. 9 "Grantee"i is the private entity. as defined by Section 21.0114(a) oft the Texas Property Code, that is acquiring the easement. 10 REV 1/22 WHEN A PUBLIC AGENCY U.S. Department of Housing ACQUIRES YOUR PROPERTY and Urban Development Office of Community Planning and Development www.hud.govrelocation Introduction This oooklet describes important features of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) and provides general information about public acquisition of real property (real estate) that should be useful to you. Most acquisitions of real property by a public agency for a Federal project or a project in which Federal funds are used are covered by the URA. f you are notified that your property will be acquired for such a project, it is important that you learn your rights under this important law. This booklet may not answer all of your questions. If you have more questions about the acquisition of your property, contact the Agency responsible for the project. (Check the back of this booklet for the name of the person to contact at the Agency.) Ask your questions before you sell your property. Afterwards, it may be too late. General Questions What Right Has Any Public Agency To Acquire My Property? The Federal Government and every State government have certain powers which are necessary for them to operate effectively. For example, they have the power to levy taxes and the power to maintain order. Another government power is the power to acquire private property for public purposes. This is known as the power of eminent domain. The rights of each of us are protected, however, by the Fifth and Fourteenth Amendments of the U.S. Constitution and by State constitutions and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. The URA provides additional protections, as explained in this booklet. Who Made The Decision To Buy My Property? The decision to acquire a property for a public project usually involves many persons and many determinations. The final determination to proceed with the project is made only after a thorough review which may include public hearings to obtain the views of interested citizens. If you have any questions about the project or the selection of your property for acquisition, you should ask a representative of the Agency which is responsible for the project. Previous Edition Obsolete 1 HUD-1041-CPD (3/2005) How Will The Agency Determine How Much To Offer Me For My Property? Before making you an offer, the Agency will obtain at least one appraisal of your property by a competent real property appraiser who is familiar with local property values. The appraiser will inspect your property and prepare a report that includes his or her professional opinion of its current fair market value. After the appraiser has completed his work, a review appraiser will examine the appraisal report to assure that the estimate is fair and the work conforms with professional appraisal standards. The Agency must offer you "just compensation" for your property. This amount cannot be less than the appraised fair market value of the property. "Just compensation" for your property does not take into account your relocation needs. If you are eligible for relocation assistance, it will be additional. What Is Fair Market Value? Fair market value is sometimes defined as that amount of money which would probably be paid for a property in a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. In some areas a different term or definition may be used. The fair market value of a property is generally considered to be just compensation. Fair market value does not take into account intangible elements such as sentimental value, good will, business profits, or any special value that your property may have for you or for the Agency. How Does An Appraiser Determine The Fair Market Value Of My Property? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: How it compares with similar properties in the area that have been sold recently. How much rental income it could produce. How much it would cost to reproduce the buildings and other structures, less any depreciation. Will I Have A Chance To Talk To The Appraiser? Yes. You will be contacted and given the opportunity to accompany the appraiser on his or her inspection of your property. You may then inform the appraiser of any special features which you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property represent you. Previous Edition Obsolete 2 HUD-1041-CPD (3/2005) How Soon Will I Receive A Written Purchase Offer? Generally, this will depend on the amount of work required to appraise your property. In the case of a typical single-family house, it is usually possible to make a written purchase offer within 45 to 60 days of the date an appraiser is selected to appraise the property. Promptly after the appraisal has been reviewed (and any necessary corrections obtained), the Agency will determine just compensation and give you a written purchase offer in that amount along with a 'summary statement,; explaining the basis for the offer. No negotiations are to take place before you receive the written purchase offer and summary statement. What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation? The summary statement of the basis for the offer of just compensation will include: An accurate description of the property and the interest in the property to be acquired. A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the compensation for the part to be acquired and the compensation for damages, if any, to the remaining part will be separately stated.) A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in the property not owned by you and not covered by the offer (e.g., a tenant-owned improvement), it will be sO identified.) Must I Accept The Agency's Offer? No. You are entitled to present your evidence as to the amount you believe is the fair market value of your property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider your evidence and suggestions. When fully justified by the available evidence of value, the offer price will be increased. May Someone Represent Me During Negotiations? Yes. If you would like an attorney or anyone else to represent you during negotiations, please inform the Agency. However, the URA does not require the Agency to pay the costs of such representation. If I Reach Agreement With The Agency, How Soon Will I Be Paid? If you reach a satisfactory agreement to sell your property and your ownership (title to the property) is clear, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after you sign a purchase contract. If the Previous Edition Obsolete 3 HUD-1041-CPD (3/2005) title evidence obtained by the Agency indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and other instruments affecting your ownership of the property.) What Happens If I Don't Agree To The Agency's Purchase Offer? If you are unable to reach an agreement through negotiations, the Agency may file a suit in court to acquire your property through an eminent domain proceeding. Eminent domain proceedings are often called condemnations. If your property is to be acquired by condemnation, the Agency will file the condemnation suit without unreasonable delay. An Agency may also decide not to buy your property, if it cannot reach agreement on a price, and find another property to buy instead. What Happens After The Agency Condemns My Property? You will be notified of the action. Condemnation procedures vary, and the Agency will explain the procedures which apply in your case. Generally, when an Agency files a condemnation suit, it must deposit with the court (or in an escrow account) an amount not less than its appraisal of the fair market value of the property. You should be able to withdraw this amount, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property. During the condemnation proceeding, you will be provided an opportunity to introduce your evidence as to the value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties, the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the Agency, you will be paid the difference, plus any interest that may be provided by law. To help you in presenting your case in a condemnation proceeding, you may wish to employ an attorney and an appraiser. However, in most cases the costs of these professional services and other costs which an owner incurs in presenting his or her case to the court must be paid by the owner. What Can I Do If - Am Not Satisfied With The Court's Determination? If you are not satisfied with the court judgment, you may file an appeal with the appropriate appellate court for the area in which your property is located. If you are considering an appeal, you should check on the applicable time limit for filing the appeal and consult with your attorney on whether you have a basis for the appeal. The Agency may also file an appeal if it believes the amount of the judgment is too high. Previous Edition Obsolete 4 HUD-1041-CPD (3/2005) Will I Have To Pay Any Closing Costs? You will be responsible for the payment of the balance on any mortgage and other liens on your property. Also, if your ownership is not clear, you may have to pay the cost of clearing it. But the Agency is responsible for all reasonable and necessary costs for: Typical legal and other services required to complete the sale, recording fees, revenue stamps, transfer taxes and any similar expenses which are incidental to transferring ownership to the Agency. Penalty costs and other charges related to prepayment of any recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period beginning on the date the Agency acquires your property. Whenever possible, the Agency will make arrangements to pay these costs directly. If you must incur any of these expenses yourself, you will be repaid-usually at the time of closing. If you later discover other costs for which you should be repaid, you should request repayment from the Agency immediately. The Agency will assist you in filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency. May I Keep Any Of The Buildings Or Other Improvements On My Property? Very often, many or all of the improvements on the property are not required by the Agency. This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the Agency know as soon as possible. Ify you do arrange to keep any improvement, the Agency will deduct only its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) Of course, if you arrange to keep any real property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a new location. Can The Agency Take Only A Part Of My Property? Yes. But if the purchase of only a part of your property reduces the value of the remaining part(s), you will be paid for the loss in value. Also, if any remaining part would have little or no utility or value to you, the Agency will offer to buy that remaining part from you. Occasionally, a public project will increase the value of the part which is not acquired by the Agency. Under some eminent domain laws, the amount of such increase in value is deducted from the purchase payment the owner would otherwise receive. Previous Edition Obsolete 5 HUD-1041-CPD (3/2005) Will I Have To Pay Rent To The Agency After My Property Is Acquired? If you remain on the property after the acquisition, you may be required to pay a fair rent to the Agency. Such rent will not exceed that charged for the use of comparable properties in the area. How Soon Must I Move? If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for your property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. If you reach a voluntary agreement to sell your property, you will not be required to move before you receive the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court SO that you can withdraw your share. If you are being displaced from your home, you will not be required to move before a comparable replacement home is available to you. Will I Receive Relocation Assistance? Title II of the URA requires that certain relocation payments and other assistance must be provided to families, individuals, businesses, farms, and nonprofit organizations when they are displaced or their personal property must be moved as a result of a project that is covered by the URA. The Agency will furnish you a full explanation of any relocation assistance to which you may be entitled. If you have any questions about such assistance, please contact the Agency. In order for the Agency to fulfill its relocation obligations to you, you must keep the Agency informed of your plans. My Property Is Worth More Now. Must I Pay Capital Gains Tax On The Increase? Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would apply to a gain or loss resulting from the sale or condemnation of real property, or its sale under the threat of condemnation, for public purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office. I'm A Veteran. How About My VA Loan? After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase another property. Check on such arrangements with your nearest Veterans Administration Office. Previous Edition Obsolete 6 HUD-1041-CPD (3/2005) Is It Possible To Donate Property? Yes. You may donate your property or sell it to the Agency for less than its fair market value. The Agency must obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from these obligations. Additional Information If you have any questions after reading this booklet, contact the Agency and discuss your concerns with the Agency representative. Agency: City of Laredo Address: 1301 Farragut Office Hours: :00a.m.5:00p.m. Telephone Number: 956-795-5706 Person to Contact: Norma Martinez Previous Edition Obsolete 7 HUD-1041-CPD (3/2005) POB PARCEL 3 PT 1 N-17,128,543. 75 E:. 641,016.69 STA-14-80.15 0/S=216.65' RT SET POB PARCEL 3 PART 2 N=17, ,129,075.38 - ) E:. 641,659.76 3 STA-23+80.31 0/5-223.67' RT PART 1 PART 2 SET 0. 0009 AC. 0.2358 AC. 40 SF 10,271 SF . o 4 & * TRACT 1 CALLED 22.4543 AC. FM 1472 INVESTMENTS, INC. DOC. NO. 1337924 AUGUST 17, 2018 O.P.R.W.C.T. 1 POC PARCEL 3 PART 2 à. FND CONCRETE MONUMENT . 5 RODS SURVEYING, INC. & 6810 LEE ROAD SPRING, TEXAS 77379 TEL (281) 257-4020 FAX (281) 257-4021 TBPLS FIRM REGISTRATION # 10030700 POC PARÇEL 3 PART 1 TRACT "B" PARCEL PLAT FND TXDOT TYPE II CALLED 3. 380 AC. VERDE CORP SHOWING VOL. 1670, PG. 633 PARCEL P00069080. 001 AND AUGUST 25, 2004 PARENT TRAÇT INSET O.P.R.W.C.T. P00069080. 002 PARCEL 3 PARTS 1 & 2 CS HACHAR-REUTHINGER HIGHWAY) N.T.S. RCSJ 0922-33-218 PROJECT NO. R00011098 SEE PAGE 14 OF 14 FOR LINE AND CURVE TABLES PAGE 8 OF 14 FEBRUARY 2023 CITY OF LAREDO DEPARTMENT OF COMMUNITY DEVELOPMENT REAL ESTATE DIVISION AREDO. TEKA 1755 March 7, 2023 Indra Inc Certified Mail: 702119700000055651904 6557 Metro Ct Ste 2 Laredo, Texas 78041 County: Webb Highway: Hachar-Reuthinger Road CSJ: 0922-33-165 Limits: From F.M. 1472 To IH-35 RCSJ: N/A Parcel No: 4 Dear Indra Inc., In an effort to address the continued growth and development in north Laredo, the City of Laredo is pursuing the construction of a new controlled-access facility "Hachar- Reuthinger Road" as a mean to improve traffic flow and congestion issues in the area of FM 1472 (Mines Road) to IH35. A portion of your property with Property ID#792433 legally described as ABST 278 POR 12 S Sanchez 83.45 ACS is of primary interest to the City for the development of said road. In acquiring real estate property, you as property owner have specific rights as per Texas State statutes, included for your information is the Texas Landowner's Bill of Rights and When a Public Agency Acquires your Property. Ifyou should have further questions or need additional information on this matter, please feel free to contact me at the Department of Community Development Real Estate Division at (956) 795-5706 or via email at marinez@cllardoik.s: Sincerely, jume Muvo Norma Martinez Real Estate Manager Encl. Webbcad Property Information Texas Landowner's Bill of Rights When a Public Agency Acquires Your Property Survey (Parcel Plat) 1301 FARRAGUT P.O.BOX 1276 LAREDO, TEXAS 78042-1276 TEL. 956.795.2675 FAX 956.795.2689 PID 792433 Property Summary Report - 2023 Online Services - - WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 792433 Name: INDRA INC Geographic ID: 900-90121-084 Secondary Name: Type: R Mailing Address: 6557 Metro Ct Ste 2 Laredo TX 78041- Zoning: AG 8000 Agent: TERESA SANTOS Owner ID: 10207621 Legal Description: ABST 278 POR 12 S SANCHEZ 83.45 % Ownership: 100.00 ACRES Exemptions: Property Use: LOCATION Address: Market Area: Market Area CD: RANW1 Map ID: R32 Zoning: AG Google.rous. Maxar Technologies, USDAFPC/GEO VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A Improvement Homesite: N/A Improvement Non-Homesite: N/A Total Improvement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market improvement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $1,263,850 $0 $1,259,511 $4,339 $0 $4,339 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> T HE 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 good faith offer that conforms with chapter 21 of the Texas propertyi is condemned. Property Code. 2. Yourp property can only! be condemned for a public use. 8. You may hire an appraiser or other orofessional to 3. Your property can only be condemned by a governmental determine the value of your property or to assist you in any entity or private entity authorized by law to do SO. condemnation oroceeding. 4. The entity that wants to acquire your property must notify 9. Your may hire an attorney to negotiate with the condemning you that it intends to condemn your property. entity and to represent you in any legal proceedings 5. The entity proposing to acquire your property must provide involving the condemnation. you with a written appraisal from a certified appraiser 10.Before your property is condemned, you are entitled to a detailing the adequate compensation you are owed for your hearing before a court-appointed panel of three special property. commissioners. The special commissioners must determine 6. If you believe that a registered easement or right-of-way the amount of compensation the condemning entity owes agent acting on behalf of the entity that wants to acquire for condemning your property. The commissioners must your property has engaged in misconduct, you may file a also determine what compensation, if any, you are entitled written complaint with the Texas Real Estate Commission to receive for any reduction in value of your remaining (TREC) under section 1101.205 of the Texas Occupations property. Code. The complaint should be signed and may include any 11.1f you are unsatisfied with the compensation awarded by supporting evidence. the special commissioners, or if you question whether the 7. The condemning entity must make a bona fide offer to condemnation of your property was proper, you have the buy the property before it files a lawsuit to condemn the right to a trial by a judge or jury. You may also appeal the property-meaning the condemning entity must make a trial court's, judgment ify you are unsatisfied with the result. PREPARED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS . JANUARY 2022 CONDEMNATION PROCEDURE Eminent domain is the legal authority certain governmenta. and address of the person listed as the property owner on the private entities have to condemn private property for public most recent tax roll at least seven days before making its use in exchange for adequate compensation. Only entities final offer to acquire the property. authorized by law to do sO may condemn private property. If the condemnor seeks to condemn a right-of-way Private property can include land and certain improvements easement for a pipeline or electric transmission line and that are on that property. is a private entity, the condemnor must also provide you a copy of the Landowner's Bill of Right's addendum. WHO CAN I HIRE TO HELP ME? The addendum describes the standard terms required You can hire an appraiser or real estate professional to help you in an instrument conveying property rights (such as a determine the value of your property as well as an attorney to deed transferring title or an easement spelling out the negotiate with a condemning entity or to represent you during easement rights) and what terms you can negotiate. condemnation proceedings. Makea al bona fide offer to purchase the property. This process is described more fully in chapter 21 of the Texas Property WHAT QUALIFIES AS Al PUBLIC PURPOSE OR USE? Code. A "bona fide offer" involves both an initial written offer Your property may be condemned only for a purpose or use as well as a final written offer. that serves the general public. This could include building or Thei initial written offer must include: expanding roadways, public utilities, parks, universities, and a copyo ofthel Landowner's Billo of Rights and addendum other infrastructure serving the public. Texas law does not (if applicable); allow condemning authorities to exercise eminent domain for either a large-font, bold-print statement saying tax revenue or economic development. whether the offered compensation includes damages W/HAT IS ADEQUATE COMPENSATION? to the remainder ofy yourr remaining property or a formal Adequate compensation typically means the market value appraisal of the property that identifies any damages of the property being condemned. It could also include to the remaining property (if any); certain damages if your remaining property's market value the conveyance instrument (such as an easement or is diminished by the condemnation or the public purpose for deed); and which it is being condemned. the name and telephone number of an employee, affiliate, or legal representative of the condemning OTHER THAN ADEQUATE COMPENSATION. WHAT entity. OTHER COMPENSATION COULD I BE OWED? Thef final written offer must be made at least 30 days after Ify you are displaced from your residence or place of business, the initial written offer and must include, if not previously your may! be entitled to reimbursement for reasonable expenses provided: incurred while moving to a new site. However, reimbursement compensation equal to orr more than the amount listed costs may not be available if those expenses are recoverable in a written, certified appraisal that is provided to you; under another law. Also, reimbursement costs are capped at copies of the conveyance instrument: and the market value of the property. the Landowner: 's Bill of Rights. Disclose any appraisal reports. W/hen making its initial offer, W/HAT DOES A CONDEMNOR HAVE TO DO BEFORE the condemning entity must share its appraisal reports that CONDEMNING MY PROPERTY? relate to the property from the past 10 years. You have the Provide you a copy of this Landowner's Bill of Rights before, right to discuss the offer with others and to either accept or or at the same time as, the entity first represents that it reject the offer made by the condemning entity. possesses eminent domain authority. It is also required to send this Landowner's Bill of Rights to the last known 2 REV 1/22 WHAT IFI DO NOT ACCEPT AN OFFER BY THE by certified mail, return receipt requested, and first class mail. CONDEMNING AUTHORITY? Itr must also send a copy to your attorney if you are represented The condemnor must give you at least 14 days to consider the by counsel. final offer before filing a lawsuit to condemn your property, which begins the legal condemnation process. W/HAT DOES THE CONDEMNOR HAVE TO INCLUDE IN THE LAWSUIT FILED WITH THE COURT? HOW DOES THE LEGAL CONDEMNATION The lawsuit must describe the property being condemned and PROCESS START? state the following: the public use, your name; that you and the The condemnor can start the legal condemnation process by condemning entity were unable to agree on the value of the filing a lawsuit to acquire your propertyin the appropriate court property; that the condemning entitys gavey you thel Landowner's of the county where the property is located. When filing the Bill of Rights; and that the condemning entity made a bona fide petition, the condemnor must send you a copy of the petition offer to voluntarily purchase the property from you. SPECIAL COMMISSIONERS HEARING AND AWARD No later than 30 days after the condemning entity files a monetaycompensatonnlythevaueotmeperoperycondemned condemnation lawsuit in court, the judge will appoint three and the value of any damages to the remaining property. They local landowners to serve as special commissioners and two do not decide whether the condemnation is necessary or if the alternates. The judge will promptly give the condemnor a public use is proper. Further, the special commissioners do not signed order appointing the special commissioners and the have the power to alter the terms of an easement, reduce the condemnor must give you, your lawyer, and other parties a size of the land acquired, or say what access will be allowed copy of the order by certified mail, return receipt requested. to the property during or after the condemnation. The special The special commissioners will then schedule a condemnation commissioners also cannot determine who should receive what hearing at the earliest practical time and place and to give you portion of the compensation they award. Essentially, the special written notice of the hearing. commissioners are empowered only to say how much money the condemnor should pay for the land or rights being acquired. W/HO CAN BE A SPECIAL COMMISSIONER? 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. W/HAT DO THE SPECIAL COMMISSIONERS DO? The special commissioners job is to decide what amount of W/HAT IF WANT TO OBJECT TO A SPECIAL money is adequate to compensate you for your property. The COMMISSIONER? special commissioners will hold a hearing where you and other The, judge must provide to the parties the names and contact interested parties may introduce evidence. Then the special information of the special commissioners and alternates. commissioners will determine the amount of money that is Each party will have up to 10 days after the date of the order adequate compensation and file their written decision, known appointing the special commissioners or 20 days after the date as an "Award," in the court with notice to all parties. Once the the petition was filed, whichever is later, to strike one of the Award is filed, the condemning entity may take possession and three special commissioners. If a commissioner is struck, an start using the property being condemned, even if one or more alternate will serve as a replacement. Another party may strike parties object to the Award of the special commissioners. a special commissioner from the resulting panel within three days after the date the initial strike was filed or the date of the ARE THERE LIMITATIONS ON WHAT THE SPECIAL initial strike deadline, whichever is later. COMMISSIONERS CAN DO? Yes. The: special commissioners: are tasked only with determining 3 REV1 1/22 W/HAT WILL HAPPEN AT THE SPECIAL DO I HAVE TO PAY FOR THE SPECIAL COMMSSIONERS COMMISSIONERS HEARING? HEARING? The special commissioners will consider any evidence (such If the special commissioners award is less than or equal to as appraisal reports and witness testimony) on the value of the amount the condemning entity offered to pay before the your condemned property, the damages or value added to proceedings began, then you may be financially responsible remaining property that is not being condemned, and the for the cost of the condemnation proceedings. But, if the award condemning entity's proposed use of the property. is more than the condemning entity offered to pay before the proceedings began, then the condemning entity will be W/HAT ARE MY RIGHTS AT THE SPECIAL responsible for the costs. COMMISSIONERS HEARING? You have the right to appear or not appear at the hearing. If W/HAT DOES THE CONDEMNOR NEED TO DO TO TAKE you do appear, you can question witnesses or offer your POSSESSION OF THE PROPERTY? own evidence on the value of the property. The condemning Once the condemning entity either pays the amount of the entity must give you all existing appraisal reports regarding award to you or deposits it into the court's registry, the entity your property used to determine an opinion of value at least may take possession of the property and put the property to three days before the hearing. If you intend to use appraisal public use. Non-governmental condemning authorities may reports to support your claim about adequate compensation, also be required to post bonds in addition to the award amount. you must provide them to the condemning entity 10 days after You have the right to withdraw funds that are deposited into the you receive them or three business days before the hearing, registry of the court, but when you withdraw the money, you whichever is earlier. can no longer challenge whether the eminent domain action is valid-only whether the amount of compensation is adequate. OBJECTING TO THE SPECIAL COMMISSIONERS AWARD If you, the condemning entity, or any other party is unsatisfied right to a trial and can elect whether to have the case decided with the amount of the award, that party can formally object. The by a judge or jury. objection must be filed iny writing with the court and is due by the first Monday following the 20th day after the clerk gives notice W/HO PAYS FOR TRIAL? that the commissioners have filed their award with the court. If If the verdict amount at trial is greater than the amount of the no party timely objects to the special commissioners' award, the special commissioners' award, the condemnor may be ordered court will adopt the award amount as the final compensation to pay costs. If the verdict at trial is equal to or less than the due and issue a finaljudgment in absence of objection. amount the condemnor originally offered, you may be ordered to pay costs. WHAT HAPPENS AFTER I OBJECT TO THE SPECIAL COMMSSIONERS AWARD? IS THE TRIAL VERDICT THE FINAL DECISION? If a party timely objects, the court will hear the case, just like Not necessarily. After trial any party may appeal the judgment other civil lawsuits. Any party who objects to the award has the entered by the court. E 4 REVI 1/22 DISMISSAL OF THE CONDEMNATION ACTION A condemnation action may be dismissed by either the the court grants the landowner's motion, the court may award condemning authority itself or on a motion by the landowner. the landowner reasonable and necessary fees and expenses incurred to that date. WHAT HAPPENS IF THE CONDEMNING AUTHORITY NO LONGER WANTS TO CONDEMN MY PROPERTY? CANI I GET MY PROPERTY BACK IF ITIS CONDEMNED If a condemning entity decides it no longer needs your BUT NEVER PUT TO A PUBLIC USE? condemned property, it can file a motion to dismiss the You may have the right to repurchase your property if your condemnation oroceeding. If the court grants the motion to property is acquired through eminent domain and: dismiss, the case is over, and you can recover reasonable and the public use for which the property was acquired is necessary fees for attorneys, appraisers, photographers. and canceled before that property is put to that use, for other expenses up to that date. no actual progress is made toward the public use within 10 years, or W/HAT IFI DO NOT THINK THE CONDEMNING ENTITY the property becomes unnecessary for public use within HAS THE RIGHT TO CONDEMN MY PROPERTY? 10 years. You can challenge the right to condemn your property by filing a motion to dismiss the condemnation oroceeding. For The repurchase price is the price you were paid at the time of example, a landowner could challenge the condemning entity's the condemnation. claim that it seeks to condemn the property for a public use. If ADDITIONAL RESOURCES AND ADDENDA For more information about the procedures, timelines, and The information in this statement is intended to be a summary requirements outlined in this document, see chapter 21 of of the applicable portions of Texas state law as required by the Texas Property Code. An addenda discussing the terms HB 1495. enacted by the soth Texas Legislature, Regular required for an instrument of conveyance under Property Code Session, and HB 2730, enacted by the 87th Texas Legislature, section 21.0114(c), and the conveyance terms that a property Regular Session. This statement is not legal advice and is not a owner may negotiate under Property Code section 21.0114ld), is substitute for legal counsel. attached to this statement. 5 REVI 1/22 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS ADDENDUM A: Required Terms for an Instrument Conveying a Pipeline Right-of-Way Easement or an Easement Related to Pipeline Appurtenances' (1) The maximum number of pipelines that may be installed in the right-of-way acquired through this instrument is (2) The types of pipeline appurtenances that are authorized to be installed under this instrument for pipeline-related appurtenances, such as pipes, valves, compressors, pumps, meters, pigging stations, dehydration facilities, electric facilities, communication facilities, and any other appurtenances that may be necessary or desirable in connection with a pipeline, are described as follows: (3) The maximum diameter, excluding any protective coating or wrapping, of each pipeline to be initially installed under this instrument for a pipeline right-of-wayi is (4) For each pipeline to be installed under this instrument, the type or category of substances permitted to be transported through each pipeline is (5) Any aboveground equipment or facility that Grantee2 ntends to install, maintain, or operate under this instrument on the surface of the pipeline easement is described as follows: (6) A description or illustration of the location of the easement, including a metes and bounds or centerline description, plat, or aerial or other map-based depiction of the location of the easement on the property, is attached as Exhibit (7) The maximum width of the easement under this instrument is (8) For each pipeline to be installed under this instrument, the minimum depth at which the pipeline will initially be installed is (9) The entity installing pipelinels) under this instrument: (check one) intends to double-ditch areas of the pipeline easement that are not installed by boring or horizontal directional drilling. does not intend to double-ditch areas of the pipeline easement that are not installed by boring or horizontal directional drilling. (10) Grantee shall provide written notice to Grantor3, at the last known address of the person in whose name the property is listed on the most recent tax roll of any taxing unit authorized to levy property taxes against the property, if and when Grantee assigns any interest conveyed under this instrument to another entity, provided that this provision does not require notice by Grantee for assignment to an affiliate or to a successor through merger, consolidation, or other sale or transfer of all or substantially all of its assets and businesses. (11) The easement rights conveyed by this nstrument are: (check one) exclusive. nonexclusive. 1 The easement terms listed int this addendum may be amended, altered, or omitted by the agreement of the condemning authority and the landowner, pursuant to Sections 21.0114(d), (e), and (f) of the Texas Property Code. 2 Grantee"i is the private entity, as defined by Section: 21.0114(a) of the Texas Property Code, thati is acquiring the pipeline easement. 3 Grantor" is the property owner from whom the Granteei is acquiring the pipeline easement. 6 REV1/22 (12) Grantee may not grant to a third party access to the easement area for a purpose that is not related to one of the following: the construction, safety, repair, maintenance, inspection, replacement, operation, or removal of each pipeline to be installed under this instrument or of pipeline appurtenances to be installed under this instrument. (13) Grantor: (check one) may recover from Grantee actual monetary damages, if any, arising from the construction and installation of each pipeline to be installed under this instrument. acknowledges that the consideration paid fori the easement acquired under this instrument includes monetary damages, if any, arising from the construction and installation of each pipeline to be installed under this instrument. (14) After initial construction and installation of each pipeline installed under this instrument, Grantor: (check one) D may recover from Grantee actual monetary damages, if any, arising from the repair, maintenance, inspection, replacement, operation, or removal of each pipeline to be installed under this instrument. acknowledges that the consideration paid fort the easement acquired under this instrument includes monetary damages, ifa any, arising from the repair, maintenance. inspection, replacement, operation, or removal of each pipeline to be installed under this instrument. (15) Grantor: (check one) and Grantee agree, with regard to Grantee's removal, cutting, use, repair, and replacement of gates and fences that cross the easement or that will be used by Grantee under this instrument, that Grantee will access and secure the easement acquired under this instrument as follows: may recover from Grantee payment for monetary damages, if any, caused by Grantee to gates and fences, if any, to the extent that the gates or fences are not restored or paid for as part of the consideration paid for the instrument. acknowledges that the consideration paid for the easement. acquired under this instrument includes monetary damages, ifany, caused by Grantee to gates and fences. (16) With regard to restoring the pipeline easement area acquired under this instrument and Grantor's remaining property used by Grantee to as near to original condition as is reasonably practicable and maintaining the easement in a manner consistent with the purposes for which the easement is to be used under this instrument: (check one) Grantee will be responsible for the restoration. Grantee will reimburse Grantor for monetary damages that arise from damage to the pipeline easement area or the Grantor's remaining property, if any, caused by the Grantee and not restored or paid for as part of the consideration for the instrument. acknowledges that the consideration paidi for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to the pipeline easement area or the Grantor's remaining property. (17) Grantee's rights ofi ingress, egress, entry, and access on, to, over, and across Grantor's property under this instrument are described as follows: (18) Grantee may not make use oft the property rights acquired by this instrument, other than as provided by this instrument, without the express written consent of Grantor. (19) The terms of this instrument bind the heirs, successors. and assigns of Grantor and Grantee. 7 REV 1/22 THE STATE OF TEXAS LANDOWNERS BILL OF RIGHTS ADDENDUM B: Required Terms for an Instrument Conveying an Electric Transmission Line Right-of-Way Easement4 (1) The uses of the surface of the property to be encumbered by the electric transmission line right-of-way easement acquired by Grantees under this instrument are generally described as follows: (2) A description or illustration of the location of the electric transmission line right-of-way easement, including a metes and bounds or centerline description, plat, or aerial or other map-based depiction of the location of the easement on the property, is attached as Exhibit (3) The maximum width of the electric transmission line right-of-way easement acquired by this instrument is (4) Grantee will access the electric transmission line right-of-way easement acquired under this instrument in the following manner: (5) Grantee may not grant to a third party access to the electric transmission line right-of-way easement area for a purpose that is not related to the construction, safety, repair, maintenance, inspection, eplacement, operation, or removal of the electric and appurtenant facilities installed under this instrument. (6) Grantors: (check one) may recover from Grantee actual monetary damages, if any, arising from the construction, operation, repair, maintenance. inspection, replacement, andi futurer removalofl linesand: supporfacltiesanterinitlalconstruction in the easement, if any. acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, arising from the construction, operation, repair, maintenance, inspection, replacement, and future removal of lines and support facilities after initial construction in the easement. (7) Grantor: (check one) and Grantee agree, with regard to Grantee' 's removal, cutting, use, repair, and replacement of gates and fences that cross the easement or that will be used by Grantee under this instrument, that Grantee will access and secure the easement acquired under this instrument as follows: may recover from Grantee payment for monetary damages, if any, caused by Grantee to gates and fences, if any, to the extent that the gates or fences are not restored or paid for as part of the consideration paid for the instrument. acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to gates and fences. 4 The easement terms listed in this addendum may be amended, altered. or omitted by the agreement of the condemning authority and the landowner, pursuant to Sections 21.0114(d), (e), and (f) of the Texas Property Code. 5 Grantee" is the private entity. as defined by Section 21.0114(a) of the Texas Property Code, that is acquiring the electric transmission line right-of-way easement "Grantor" is the property owner from whom the Grantee is acquiring the electric transmission line right-of-way easement. 8 REV 1/22 (8) Grantee shall restore the easement area and Grantor's remaining property to their original contours and grades, to the extent reasonably practicable, unless Grantee's safety or operational needs and the electric facilities located on the easement would be impaired. With regard to restoring the electric transmission line right-of-way easement area acquired under this instrument and Grantor's remaining property used by Grantee to as near to original condition as is reasonably practiçable following future damages, ifa any, directly attributed to Grantee's use of the easement: (check one) Grantee will be responsible for the restoration, unless the safety or operational needs of Grantee and the electric facilities would be impaired. Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes future damages, if any, caused by Grantee to the easement area or the Grantor's remaining property. (9) The easement rights acquired under this instrument are: (check one) - exclusive. D nonexclusive. otherwise limited under the terms of the instrument as follows: (10) Grantee may not assign Grantee's interest in the oroperty rights acquired under this instrument to an assignee that will not operate as a utility subject to the jurisdiction of the Public Utility Commission of Texas or the Federal Energy Regulatory Commission without written notice to Grantor at the last known address of the person in whose name the property is listed on the most recent tax roll of anyt taxing unit authorized to levy property taxes against the property. (11) Grantee may not make use oft the property rights acquired by this instrument, other than as provided by this instrument, without the express written consent of Grantor. (12) The terms of this instrument bind the heirs, successors, and assigns of Grantor and Grantee. 9 REV1/22 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS ADDENDUM C: Optional Terms for an Instrument Conveying a Pipeline Right-of-Way Easement, an Easement Related to Pipeline Appurtenances, or an Electric Transmission Line Right-of-Way Easement7 (1) With regard to the specific vegetation described as follows: Grantor8: (check one): may recover from Grantee9 payment for monetary damages, ifa any. caused by Grantee to the vegetation. Grantor acknowleages that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to the vegetation. (2) With regard to income loss from disruption of existing agricultural production or existing leases based on verifiable loss or lease payments caused by Grantee's use of the easement acquired under this instrument, Grantor: (check one) may recover from Grantee payment for monetary damages, if any, caused by Grantee to Grantor's income. Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to Grantor's income. (3) Grantee shall maintain commercial liability insurance or self-insurance at all times, including during Grantee's construction and operations on the easement, while Grantee uses the easement acquired under this instrument. The insurance must insure Grantor against liability for personal injuries and oroperty damage sustained by any person to the extent caused by the negligence of Grantee or Grantee's: agents or contractors and to the extent allowed by law. If Grantee maintains commercial liability insurance, it must be issued by an insurer authorized to issue liability insurance in the State of Texas. (4) If Grantee is subject to the electric transmission cost-of-service rate. jurisdiction of the Public Utility Commission of Texas or has a net worth of at least $25 million, Grantee shall maintain commercial liability insurance or self-insurance at levels approved by the Public Utility Commission of Texas in the entity's most recent transmission cost-of-service base rate proceeding. 7 Pursuant to Section: 21.0114(d) oft the Texas Property Code, in addition to the terms set forthi in Addenda. A and B, a property owner may negotiate for the inclusion of thet termsi in this Addendumi in anyi instrument conveying an easement to a private entity, as defined by Section: 21.0114la)oft the Texas Property Code. The easement terms isted in this addendum may be amended, altered, or omitted by the agreement of the condemning authority and the land- owner, pursuant to Sections 21.0114(d), (e), and (f) oft the Texas Property Code. 8 "Grantor" is the property owner from whom the Grantee is acquiring the pipeline ore electric transmission line right-of-way easement 9 "Grantee" is the private entity. as defined by Section: 21.0114(a) of the Texas Property Code, that is acquiring the easement. 10 REV 1/22 WHEN A PUBLIC AGENCY U.S. Department of Housing ACQUIRES YOUR PROPERTY and Urban Development Office of Community Planning and Development www.nud.govrelocation Introduction This booklet describes important features of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) and provides general information about public acquisition of real property (real estate) that should be useful to you. Most acquisitions of real property by a public agency for a Federal project or a project in which Federal funds are used are covered by the URA. If you are notified that your property will be acquired for such a project, it is important that you learn your rights under this important law. This booklet may not answer all ofy your questions. If you have more questions about the acquisition of your property, contact the Agency responsible for the project. (Check the back of this booklet for the name of the person to contact at the Agency.) Ask your questions before you sell your property. Afterwards, it may be too late. General Questions What Right Has Any Public Agency To Acquire My Property? The Federal Government and every State government have certain powers which are necessary for them to operate effectively. For example, they have the power to levy taxes and the power to maintain order. Another government power is the power to acquire private property for public purposes. This is known as the power of eminent domain. The rights of each of us are protected, however, by the Fifth and Fourteenth Amendments of the U.S. Constitution and by State constitutions and eminent domain laws which guarantee that if a public agency takes private property it must pay just compensation" to the owner. The URA provides additional protections, as explained in this booklet. Who Made The Decision To Buy My Property? The decision to acquire a property for a public project usually involves many persons and many determinations. The final determination to proceed with the project is made only after a thorough review which may include public hearings to obtain the views of interested citizens. If you have any questions about the project or the selection of your property for acquisition, you should ask a representative of the Agency which is responsible for the project. Previous Edition Obsolete 1 HUD-1041-CPD (3/2005) How Will The Agency Determine How Much To Offer Me For My Property? Before making you an offer, the Agency will obtain at least one appraisal of your property by a competent real property appraiser who is familiar with local property values. The appraiser will inspect your property and prepare a report that includes his or her professional opinion of its current fair market value. After the appraiser has completed his work, a review appraiser will examine the appraisal report to assure that the estimate is fair and the work conforms with professional appraisal standards. The Agency must offer you "just compensation" for your property. This amount cannot be less than the appraised fair market value of the property. "Just compensation" for your property does not take into account your relocation needs. If you are eligible for relocation assistance, it will be additional. What Is Fair Market Value? Fair market value is sometimes defined as that amount of money which would probably be paid for a property in a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. In some areas a different term or definition may be used. The fair market value of a property is generally considered to be just compensation. Fair market value does not take into account intangible elements such as sentimental value, good will, business profits, or any special value that your property may have for you or for the Agency. How Does An Appraiser Determine The Fair Market Value Of My Property? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: How it compares with similar properties in the area that have been sold recently. How much rental income it could produce. How much it would cost to reproduce the buildings and other structures, less any depreciation. Will I Have A Chance To Talk To The Appraiser? Yes. You will be contacted and given the opportunity to accompany the appraiser on his or her inspection of your property. You may then inform the appraiser of any special features which you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property represent you. Previous Edition Obsolete 2 HUD-1041-CPD (3/2005) How Soon Will I Receive A Written Purchase Offer? Generally, this will depend on the amount of work required to appraise your property. In the case of a typical single-family house, it is usually possible to make a written purchase offer within 45 to 60 days of the date an appraiser is selected to appraise the property. Promptly after the appraisal has been reviewed (and any necessary corrections obtained), the Agency will determine just compensation and give you a written purchase offer in that amount along with a "summary statement, explaining the basis for the offer. No negotiations are to take place before you receive the written purchase offer and summary statement. What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation? The summary statement of the basis for the offer of just compensation will include: An accurate description of the property and the interest in the property to be acquired. A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the compensation for the part to be acquired and the compensation for damages, if any, to the remaining part will be separately stated.) A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in the property not owned by you and not covered by the offer (e.g., a tenant-owned improvement), it will be sO identified.) Must I Accept The Agency's Offer? No. You are entitled to present your evidence as to the amount you believe is the fair market value of your property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider your evidence and suggestions. When fully. justified by the available evidence of value, the offer price will be increased. May Someone Represent Me During Negotiations? Yes. If you would like an attorney or anyone else to represent you during negotiations, please inform the Agency. However, the URA does not require the Agency to pay the costs of such representation. Ifl I Reach Agreement With The Agency, How Soon Will I Be Paid? If you reach a satisfactory agreement to sell your property and your ownership (title to the property) is clear, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after you sign a purchase contract. Ift the Previous Edition Obsolete 3 HUD-1041-CPD (3/2005) title evidence obtained by the Agency indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and other instruments affecting your ownership of the property.) What Happens If I Don't Agree To The Agency's Purchase Offer? If you are unable to reach an agreement through negotiations, the Agency may file a suit in court to acquire your property through an eminent domain proceeding. Eminent domain proceedings are often called condemnations. If your property is to be acquired by condemnation, the Agency will file the condemnation suit without unreasonable delay. An Agency may also decide not to buy your property, if it cannot reach agreement on a price, and find another property to buy instead. What Happens After The Agency Condemns My Property? You will be notified of the action. Condemnation procedures vary, and the Agency will explain the procedures which apply in your case. Generally, when an Agency files a condemnation suit, it must deposit with the court (or in an escrow account) an amount not less than its appraisal of the fair market value of the property. You should be able to withdraw this amount, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property. During the condemnation proceeding, you will be provided an opportunity to introduce your evidence as to the value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties, the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the Agency, you will be paid the difference, plus any interest that may be provided by law. To help you in presenting your case in a condemnation proceeding, you may wish to employ an attorney and an appraiser. However, in most cases the costs of these professional services and other costs which an owner incurs in presenting his or her case to the court must be paid by the owner. What Can I Do If I Am Not Satisfied With The Court's Determination? If you are not satisfied with the court judgment, you may file an appeal with the appropriate appellate court for the area in which your property is located. If you are considering an appeal, you should check on the applicable time limit for filing the appeal and consult with your attorney on whether you have a basis for the appeal. The Agency may also file an appeal if it believes the amount of the judgment is too high. Previous Edition Obsolete 4 HUD-1041-CPD (3/2005) Will I Have To Pay Any Closing Costs? You will be responsible for the payment of the balance on any mortgage and other liens on your property. Also, if your ownership is not clear, you may have to pay the cost of clearing it. But the Agency is responsible for all reasonable and necessary costs for: Typical legal and other services required to complete the sale, recording fees, revenue stamps, transfer taxes and any similar expenses which are incidental to transferring ownership to the Agency. Penalty costs and other charges related to prepayment of any recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period beginning on the date the Agency acquires your property. Whenever possible, the Agency will make arrangements to pay these costs directly. If you must incur any oft these expenses yourself, you will be repaid-usually at the time of closing. If you later discover other costs for which you should be repaid, you should request repayment from the Agency immediately. The Agency will assist you in filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency. May I Keep Any Of The Buildings Or Other Improvements On My Property? Very often, many or all of the improvements on the property are not required by the Agency. This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the Agency know as soon as possible. If you do arrange to keep any improvement, the Agency will deduct only its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) Of course, if you arrange to keep any real property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a new location. Can The Agency Take Only A Part Of My Property? Yes. But if the purchase of only a part of your property reduces the value of the remaining part(s), you will be paid for the loss in value. Also, if any remaining part would have little or no utility or value to you, the Agency will offer to buy that remaining part from you. Occasionally, a public project will increase the value of the part which is not acquired by the Agency. Under some eminent domain laws, the amount of such increase in value is deducted from the purchase payment the owner would otherwise receive. Previous Edition Obsolete 5 HUD-1041-CPD (3/2005) Will I Have To Pay Rent To The Agency After My Property Is Acquired? If you remain on the property after the acquisition, you may be required to pay a fair rent to the Agency. Such rent will not exceed that charged for the use of comparable properties in the area. How Soon Must I Move? If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for your property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. If you reach a voluntary agreement to sell your property, you will not be required to move before you receive the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court SO that you can withdraw your share. If you are being displaced from your home, you will not be required to move before a comparable replacement home is available to you. Will I Receive Relocation Assistance? Title II of the URA requires that certain relocation payments and other assistance must be provided to families, individuals, businesses, farms, and nonprofit organizations when they are displaced or their personal property must be moved as a result of a project that is covered by the URA. The Agency will furnish you a full explanation of any relocation assistance to which you may be entitled. If you have any questions about such assistance, please contact the Agency. In order for the Agency to fulfill its relocation obligations to you, you must keep the Agency informed of your plans. My Property Is Worth More Now. Must I Pay Capital Gains Tax On The Increase? Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would apply to a gain or loss resulting from the sale or condemnation of real property, or its sale under the threat of condemnation, for public purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office. I'm A Veteran. How About My VA Loan? After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase another property. Check on such arrangements with your nearest Veterans Administration Office. Previous Edition Obsolete 6 HUD-1041-CPD (3/2005) Is It Possible To Donate Property? Yes. You may donate your property or sell it to the Agency for less than its fair market value. The Agency must obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from these obligations. Additional Information If you have any questions after reading this booklet, contact the Agency and discuss your concerns with the Agency representative. Agency: City of Laredo Address: 1301 Farragut Office Hours: :00a.m.5:00p.m. Telephone Number: 956-795-5706 Person to Contact: Norma Martinez Previous Edition Obsolete 7 HUD-1041-CPD (3/2005) POB PARCEL 4 POB PARCEL 4 0-2 PART 2 PART 3 N=17, 138,882.8 83 N=17,140, PART 1 E= 663,134.51 177.54 0.2120 AC. 4 STA-262+37.41 PART 2 E= 663, 791.25 9,2 234 SF 0/S-275.00 RT 0.3257 AC. STA-276+87.51 ** 14,187 SF 0/S=205.86' RT SET 8- 0-3 POB PARCEL 4 1 & * PART 66 N=17, 137,874. 71 V E= 662,448.92 PART 3 STA-250+57.15 0.0719 AC. a 0/S-260.00' RT CALLED 101.23 AC. 3,131 SF POC PARCEL 4 --L5 SET INDRA, INC. PART 3 - VOL. 5204, PG. 509 FND 1/2" IR DOC. NO. 1456773 NN POC PARCEL 4 JANUARY 6, 2022 PART 1 O.P.R.W.C.T. FND 5/8" IR 'STAMPED RODS SANTIAGO SANCHEZ SURVEYING INC' PORCION NO. - 12, ABSTRACT NO. 278 RODS SURVEYING, INC. 6810 LEE ROAD SPRING, TEXAS 77379 TEL (281) 257-4020 FAX (281) 257-4021 TBPELS SURVEYING FIRM 10030700 PARENT TRACT INSET PARCEL PLAT PARCEL P00071435 AND PARCEL 4 PARTS 1,2 & 3 P00071436 (N. T.S.) CS HACHAR-REUTHINGER HIGHWAY) CSJ 0922-33-165 PROJECT NO. R00011098 FEBRUARY 2023 SEE PAGE 16 OF 16 FOR LINE AND CURVE TABLES PAGE 9 OF 16 SCALE: 1" 50' CITY OF LAREDO DEPARTMENT OF COMMUNITY DEVELOPMENT REAL ESTATE DIVISION 0, YEKA 1755 March 7, 2023 N D Hachar Trust Certified Mail: 702119700055651881 Falcon International Bank 7718 McPherson Rd Ste. 304 Laredo, Texas 78045 County: Webb Highway: Hachar-Reuthinger Road CSJ: 0922-33-165 Limits: From F.M. 1472 To IH-35 RCSJ: N/A Parcel No: 1, 2, & 5 Dear ND Hachar Trust, In an effort to address the continued growth and development in north Laredo, the City of Laredo is pursuing the construction of a new controlled-access facility "Hachar- Reuthinger Road" as a mean to improve traffic flow and congestion issues in the area of FM 1472 (Mines Road) to IH35. A portion of your properties with Property ID#307026 legally described as ABST 278 POR 12 P Sanchez 3.3856 ACS, Property ID#257754 legally described as ABST 278 POR 12 S Sanchez 96.3211 ACS, Property ID#266201 legally described as ABST 278 POR 12 S Sanchez 79.0518 (Mines Road), Property ID#205662 legally described as ABST 278 POR 12 S Sanchez 284.9127 ACS (Mines Road), Property ID#628736 legally described as ABST 278 POR 12 S Sanchez 1129.5981 ACS, Property ID#787549 legally described as ABST 278 POR 12 S Sanchez 31.16 acres, of primary interest to the City for the development of said road. In acquiring real estate property, you as property owner have specific rights as per Texas State statutes, included for your information is the Texas Landowner's Bill of Rights and When a Public Agency Acquires your Property. Ifyou should have further questions or need additional information on this matter, please feel free to contact me at the Department ofCommunity Development Real Estate Division at (956) 795-5706 or via email at marinez@ellardoik.s: Sincerely, Tnne Dpntugg Norma Martinez Real Estate Manager 1301 FARRAGUT P.O.BOX 1276 LAREDO, TEXAS 78042-1276 TEL. 956.795.2675 FAX 956.795.2689 CITY OF LAREDO DEPARTMENT OF COMMUNITY DEVELOPMENT REAL ESTATE DIVISION 0, YEKA 1755 Encl. Webbcad Property Information Texas Landowner' S Bill of Rights When a Public Agency Acquires Your Property Survey (Parcel Plat) 1301 FARRAGUT P.O.BOX 1276 LAREDO, TEXAS 78042-1276 TEL. 956.795.2675 FAX 956.795.2689 PID 307026 Property Summary Report 2023 Online Services WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 307026 Name: N D HACHAR TRUST Geographic ID: 900-90121-054 Secondary Name: FALCON INTERNATIONAL BANK ATTN: Type: R Mailing Address: 7718 MCPHERSON RD STE 304 LAREDO Zoning: M-1 TX US 78045-2815 Agent: ZORAIDA JACKSON Owner ID: 63425 Legal Description: ABST 278 POR 12 P SANCHEZ % Ownership: 53.67 3.3856 ACS Exemptions: Property Use: LOCATION Address: Market Area: Market Area CD: RANW1 Map ID: R32 - Zoning: M-1 a & - 48 Googlerous. Maxar Technokgies, USDA/FPAC/GEO VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A improvement Homesite: N/A Improvement Non-Homesite: N/A Total Improvement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 2021 2020 2019 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market improvement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $5,451 $0 $5,360 $91 $0 $91 2021 $5,451 $0 $5,362 $89 $0 $89 2020 $33,860 $0 $33,690 $170 $0 $170 2019 $33,860 $0 $33,690 $170 $0 $170 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> PID 257754 - Property Summary Report 2023 Online Services I WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 257754 Name: N D HACHAR TRUST Geographic ID: 900-90121-044 Secondary Name: FALCON INTERNATIONAL BANK ATTN: Type: R Mailing Address: 7718 MCPHERSON RD STE 304 LAREDO Zoning: M-1 TX US 78045-2815 Agent: ZORAIDA JACKSON Owner ID: 63425 Legal Description: ABST 278 POR 12 S SANCHEZ % Ownership: 53.67 96.3211 ACS Exemptions: Property Use: LOCATION Address: Market Area: Market Area CD: RANW1 Map ID: R32 Zoning: M-1 dew Googleurous. Maxar Technokgies, USDA/FPAC/GEO VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A Improvement Homesite: N/A Improvement Non-Homesite: N/A Total Improvement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 2021 2020 2019 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market Improvement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $155,086 $0 $152,501 $2,585 $0 $2,585 2021 $155,086 $0 $152,553 $2,533 $0 $2,533 2020 $1,483,060 $0 $1,478,340 $4,720 $0 $4,720 2019 $1,483,060 $0 $1,478,340 $4,720 $0 $4,720 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> PID 266201 Property Summary Report 2023 Online Services WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 266201 Name: N D HACHAR TRUST Geographic ID: 900-90121-048 Secondary Name: FALCON INTERNATIONAL BANK ATTN: Type: R Mailing Address: 7718 MCPHERSON RD STE 304 LAREDO Zoning: M-1 TXI US 78045-2815 Agent: ZORAIDA JACKSON Owner ID: 63425 Legal Description: ABST 278 POR 12 S SANCHEZ % Ownership: 53.67 79.0518 (MINES ROAD) Exemptions: Property Use: LOCATION Address: Market Area: Market Area CD: RANW1 Map ID: R32 Zoning: M-1 Google.rous. Maxar Technokgies, USDA/FPAC/GEO VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A Improvement Homesite: N/A Improvement Non-Homesite: N/A Total Improvement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 2021 2020 2019 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market Improvement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $127,281 $0 $125,159 $2,122 $0 $2,122 2021 $127,281 $0 $125,202 $2,079 $0 $2,079 2020 $1,027,670 $0 $1,023,800 $3,870 $0 $3,870 2019 $1,027,670 $0 $1,023,800 $3,870 $0 $3,870 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> PID 205662 Property Summary Report 2023 Online Services - I WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 205662 Name: NI D HACHAR TRUST Geographic ID: 900-90121-040 Secondary Name: FALCON INTERNATIONAL BANK ATTN: Type: R Mailing Address: 7718 MCPHERSON RD 304 LAREDO TX Zoning: M-1 US 78045-2815 Agent: ZORAIDA JACKSON Owner ID: 10048419 Legal Description: ABST 278 POR 12 S SANCHEZ % Ownership: 53.67 284.9127 ACS (MINES ROAD) Exemptions: Property Use: LOCATION Address: Market Area: Market Area CD: RANW1 Map ID: R32 Zoning: M-1 Google.rbus. Maxar Technolgies, USDAFPACIGEO VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A Improvement Homesite: N/A Improvement Non-Homesite: N/A Total Improvement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 2021 2020 2019 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market mprovement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $458,737 $0 $451,092 $7,645 $0 $7,645 2021 $458,737 $0 $451,244 $7,493 $0 $7,493 2020 $2,028,720 $0 $2,014,760 $13,960 $0 $13,960 2019 $2,028,720 $0 $2,014,760 $13,960 $0 $13,960 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> PID 628736 - Property Summary Report 2023 Online Services WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 628736 Name: N D HACHAR TRUST Geographic ID: 900-90121-001 Secondary Name: FALCON INTERNATIONAL BANK, ATTN: Type: R Mailing Address: 7718 MCPHERSON RD STE 304 LAREDO Zoning: AG TX US 78045-2815 Agent: ZORAIDA JACKSON Owner ID: 63425 Legal Description: ABST 278 POR 12 S SANCHEZ % Ownership: 53.68 1129.5981 ACS UNDIVIDED Exemptions: INTEREST Property Use: LOCATION Address: Market Area: Market Area CD: RANW1 Map ID: R32 Zoning: AG Google.bus. Maxar Technologies, USDA/FPAC/GEO VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A Improvement Homesite: N/A Improvement Non-Homesite: N/A Total Improvement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 2021 2020 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market Improvement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $1,091,462 $0 $1,061,144 $30,318 $0 $30,318 2021 $1,091,462 $0 $1,061,750 $29,712 $0 $29,712 2020 $1,489,210 $0 $1,452,727 $36,483 $0 $36,483 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> PID 787549 I Property Summary Report - 2023 Online Services WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 787549 Name: N D HACHAR TRUST Geographic ID: 900-90121-081 Secondary Name: FALCON INTERNATIONAL BANK ATTN: Type: R Mailing Address: 7718 MCPHERSON RD STE 304 LAREDO Zoning: AG TX US 78045-2815 Agent: Owner ID: 63425 Legal Description: ABST 278 POR 12 S SANCHEZ 31.16 % Ownership: 53.67 ACRES Exemptions: Property Use: LOCATION Address: Market Area: Market Area CD: RANW1 Map ID: R32 Zoning: AG Googlearous. Maxar Technokgies, USDAIFPAC/GEC VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A Improvement Homesite: N/A Improvement Non-Homesite: N/A Total mprovement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market Improvement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $261,974 $0 $261,105 $869 $0 $869 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> U 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 egislature 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 good faith offer that conforms with chapter 21 of the Texas property is condemned. Property Code. 2. Your property can only be condemned for a public use, 8. You may hire an appraiser or other professional to 3. Your property can only be condemned by a governmental determine the value of your property or to assist you in any entity or private entity authorized by law to do SO. condemnation proceeding. 4. The entity that wants to acquire your property must notify 9. You may hire an attorney to negotiate with the condemning you that iti intends to condemn your property. entity and to represent you in any legal proceedings 5. The entity proposing to acquire your property must provide involving the condemnation. you with a written appraisal from a certified appraiser 10.Before your property is condemned, you are entitled to a detailing the adequate compensation you are owed for your hearing before a court-appointed panel of three special property. commissioners. The special commissioners must determine 6. If you believe that a registered easement or right-of-way the amount of compensation the condemning entity owes agent acting on behalf of the entity that wants to acquire for condemning your property. The commissioners must your property has engaged in misconduct, you may file a also determine what compensation, if any, you are entitled written complaint with the Texas Real Estate Commission to receive for any reduction in value of your remaining (TREC) under section 1101.205 of the Texas Occupations property. Code. The complaint should be signed and may include any 11.1f you are unsatisfied with the compensation awarded by supporting evidence. the special commissioners, or if you question whether the 7. The condemning entity must make a bona fide offer to condemnation of your property was proper, you have the buy the property before it files a lawsuit to condemn the right to a trial by a judge or jury. You may also appeal the property-meaning the condemning entity must make a trial court's, judgment if you are unsatisfied with the result. RENI PREPARED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS . JANUARY 2022 CONDEMNATION PROCEDURE Eminent domain is the legal authority certain governmental and address of the person listed as the property owner on the private entities have to condemn private property for public most recent tax roll at least seven days before making its use in exchange for adequate compensation. Only entities final offer to acquire the property. authorized by law to do SO may condemn private property. If the condemnor seeks to condemn a right-of-way Private property can include land and certain improvements easement for a pipeline or electric transmission line and that are on that property. is a private entity, the condemnor must also provide you a copy of the Landowner's Bill of Right's addendum. W/HO CAN I HIRE TO HELP ME? The addendum describes the standard terms required You can hire an appraiser or real estate professional to help you in an instrument conveying property rights (such as a determine the value of your property as well as an attorney to deed transferring title or an easement spelling out the negotiate with a condemning entity or to represent you during easement rights) and what terms you can negotiate. condemnation oroceedings. Makea al bona fide offert to purchase thep property. This process is described more fully in chapter 21 of the Texas Property WHAT QUALIFIES AS Al PUBLIC PURPOSE OR USE? Code. A' "bona fide offer" involves both an initial written offer Your property may be condemned only for a purpose or use as well as a final written offer. that serves the general public. This could include building or Thei initial written offer must include: expanding roadways, public utilities, parks, universities, and a copyofthel Landowner's Billo of Rights and addendum other infrastructure serving the public. Texas law does not (if applicable); allow condemning authorities to exercise eminent domain for either a large-font, bold-print statement saying tax revenue or economic development. whether the offered compensation includes damages W/HAT IS ADEQUATE COMPENSATION? tot the remainder ofyourremaining property or ai formal Adequate compensation typically means the market value appraisal of the property that identifies any damages of the property being condemned. It could also include to the remaining property (if any);: certain damages if your remaining property's market value the conveyance instrument (such as an easement or is diminished by the condemnation or the public purpose for deed); and which it is being condemned. the name and telephone number of an employee, affiliate, or legal representative of the condemning OTHER THAN ADEQUATE COMPENSATION, WHAT entity. OTHER COMPENSATION COULD I BE OW/ED? The final written offer must be made at least 30 days after Ify you are displaced from your residence or place of business, the initial written offer and must include, if not previously you may be entitled to reimbursement for reasonable expenses provided: incurred while moving to a new site. However, reimbursement compensation equal to or more than the amount listed costs may not be available if those expenses are recoverable in a written, certified appraisal that is provided to you; under another law. Also, reimbursement costs are capped at copies of the conveyance instrument; and the market value of the property. thel Landowner's Bill of Rights. Disclose any appraisal reports. When making its initial offer, WHAT DOES A CONDEMNOR HAVE TO DO BEFORE the condemning entity must share its appraisal reports that CONDEMNING MY PROPERTY? relate to the property from the past 10 years. You have the Provide you a copy of this Landowner's Bill of Rights before, right to discuss the offer with others and to either accept or or at the same time as, the entity first represents that it reject the offer made by the condemning entity. possesses eminent domain authority. It is also required to send this Landowner's Bill of Rights to the last known 2 REV 1/22 WHAT IF DO NOT ACCEPT AN OFFER BY THE by certified mail, return receipt requested, and first class mail. CONDEMNING AUTHORITY? It must also send a copy to your attorney if you are represented The condemnor must give you at least 14 days to consider the by counsel. final offer before filing a lawsuit to condemn your property, which begins the legal condemnation process. W/HAT DOES THE CONDEMNOR HAVE TO INCLUDE IN THE LAW/SUIT FILED WITH THE COURT? HOW DOES THE LEGAL CONDEMNATION The lawsuit must describe the property being condemned and PROCESS START? state the following: the public use; your name; that you and the The condemnor can start the legal condemnation process by condemning entity were unable to agree on the value of the filing a lawsuit to acquire your property in the appropriate court property; that the condemning entity gave) you thel Landowner's of the county where the property is located. When filing the Bill of Rights; and that the condemning entity made a bona fide petition, the condemnor must send you a copy of the petition offer to voluntarily purchase the property from you. SPECIAL COMMISSIONERS'HEARING AND AWARD No later than 30 days after the condemning entity files a monetarycompensationfortnevalueofthepropertycondemned condemnation lawsuit in court, the judge will appoint three and the value of any damages to the remaining property. They local landowners to serve as special commissioners and two do not decide whether the condemnation is necessary or if the alternates. The judge will promptly give the condemnor a public use is proper. Further, the special commissioners do not signed order appointing the special commissioners and the have the power to alter the terms of an easement, reduce the condemnor must give you, your lawyer, and other parties a size of the land acquired, or say what access will be allowed copy of the order by certified mail, return receipt requested. to the property during or after the condemnation. The special The special commissioners will then schedule a condemnation commissioners also cannot determine who should receive what nearing at the earliest practical time and place and to give you portion of the compensation they award. Essentially, the special written notice of the hearing. 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? 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. W/HAT DO THE SPECIAL COMMISSIONERS DO? The special commissioners job is to decide what amount of WHAT IF - WANT TO OBJECT TO A SPECIAL money is adequate to compensate you for your property. The COMMISSIONER? special commissioners will hold a hearing where you and other The, judge must provide to the parties the names and contact interested parties may introduce evidence. Then the special information of the special commissioners and alternates. commissioners will determine the amount of money that is Each party will have up to 10 days after the date of the order adequate compensation and file their written decision, known appointing the special commissioners or 20 days after the date as an "Award," in the court with notice to all parties. Once the the petition was filed, whichever is later, to strike one of the Award is filed, the condemning entity may take oossession and three special commissioners. If a commissioner is struck, an start using the property being condemned, even if one or more alternate will serve as a replacement. Another party may: strike parties object to the. Award of the special commissioners. a special commissioner from the resulting panel within three days after the date the initial strike was filed or the date of the ARE THERE LIMITATIONS ON W/HAT THE SPECIAL initial strike deadline, whichever is later. COMMISSIONERS CAN DO? Yes. The: special commissioners: are tasked onlyv with determining 3 REV 1/22 W/HAT WILL HAPPEN AT THE SPECIAL DOI I HAVE TO PAY FOR THE SPECIAL COMMSSIONERS COMMISSIONERS HEARING? HEARING? The special commissioners will consider any evidence (such If the special commissioners award is less than or equal to as appraisal reports and witness testimony) on the value of the amount the condemning entity offered to pay before the your condemned property, the damages or value added to proceedings began, then you may be financially responsible remaining property that is not being condemned, and the for the cost of the condemnation proceedings. But, if the award condemning entity's proposed use of the property. is more than the condemning entity offered to pay before the proceedings began, then the condemning entity will be W/HAT ARE MY RIGHTS AT THE SPECIAL responsible for the costs. COMMISSIONERS HEARING? You have the right to appear or not appear at the hearing. If WHAT DOES THE CONDEMNOR NEED TO DO TO TAKE you do appear, you can question witnesses or offer your POSSESSION OF THE PROPERTY? own evidence on the value of the property. The condemning Once the condemning entity either pays the amount of the entity must give you all existing appraisal reports regarding award to you or deposits it into the court's registry, the entity your property used to determine an opinion of value at least may take possession of the property and put the property to three days before the hearing. If you intend to use appraisal public use. Non-governmental condemning authorities may reports to support your claim about adequate compensation, also be required to post bonds in addition to the award amount. you must provide them to the condemning entity 10 days after Youl have the right to withdraw funds that are deposited into the you receive them or three business days before the hearing, registry of the court, but when you withdraw the money, you whichever is earlier. can no longer challenge whether the eminent domain action is valid--only whether the amount of compensation is adequate. OBJECTING TO THE SPECIAL COMMISSIONERS AWARD If you, the condemning entity, or any other party is unsatisfied right to a trial and can elect whether to have the case decided with the amount of the award, that party can formally object. The by aj judge or jury. objection must bei filed in writing with the court and is due by the first Monday following the 20th day after the clerk gives notice WHO PAYS FOR TRIAL? that the commissioners have filed their award with the court. If If the verdict amount at trial is greater than the amount of the no party timely objects to the special commissioners' award, the special commissioners' award, the condemnor may be ordered court will adopt the award amount as the final compensation to pay costs. If the verdict at trial is equal to or less than the due and issue a finaljudgment in absence of objection. amount the condemnor originally offered, you may be ordered to pay costs. WHAT HAPPENS AFTER I OBJECT TO THE SPECIAL COMMSSIONERS AWARD? IS THE TRIAL VERDICT THE FINAL DECISION? If a party timely objects, the court will hear the case just like Not necessarily. After trial any party may appeal the judgment other civil lawsuits. Any party who objects to the award has the entered by the court. 4 REV 1/22 DISMISSAL OF THE CONDEMNATION ACTION A condemnation action may be dismissed by either the the court grants the landowner's motion, the court may award condemning authority itself or on a motion by the landowner. the landowner reasonable and necessary fees and expenses incurred to that date. W/HAT HAPPENS IF THE CONDEMNING AUTHORITY NO LONGER WANTS TO CONDEMN MY PROPERTY? CAN I GET MY PROPERTY BACK IF IT IS CONDEMNED If a condemning entity decides it no longer needs your BUT NEVER PUT TO A PUBLIC USE? condemned oroperty, it can file a motion to dismiss the You may have the right to repurchase your property if your condemnation proceeding. If the court grants the motion to property is acquired through eminent domain and: dismiss, the case is over, and you can recover reasonable and the public use for which the property was acquired is necessary fees for attorneys, appraisers, photographers, and canceled before that property is put to that use, for other expenses up to that date. no actual progress is made toward the public use within 10 years, or WHAT IF - DO NOT THINK THE CONDEMNING ENTITY the property becomes unnecessary for public use within HAS THE RIGHT TO CONDEMN MY PROPERTY? 10 years. You can challenge the right to condemn your property by filing a motion to dismiss the condemnation proceeding. For The repurchase price is the price you were paid at the time of example, a landowner could challenge the condemning entity's the condemnation. claim that it seeks to condemn the property for a public use. If ADDITIONAL RESOURCES AND ADDENDA For more information about the orocedures, timelines, and The information in this statement is intended to be a summary requirements outlined in this document, see chapter 21 of of the applicable portions of Texas state law as required by the Texas Property Code. An addenda discussing the terms HB 1495. enacted by the Both Texas Legislature, Regular required for an instrument of conveyance under Property Code Session, and HB 2730, enacted by the 87th Texas Legislature, section 21.0114(c), and the conveyance terms that a property Regular Session. This statement is not legal advice and is not a owner may negotiate under Property Code section 21.0114(d), is substitute for legal counsel. attached to this statement. 5 REV 1/22 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS ADDENDUM A: Required Terms for an Instrument Conveying a Pipeline Right-of-Way Easement or an Easement Related to Pipeline Appurtenances' (1) The maximum number of pipelines that may be installed in the right-of-way acquired through this instrument is (2) The types of pipeline appurtenances that are authorized to be installed under this instrument for pipeline-related appurtenances. such as pipes, valves, compressors, pumps, meters, pigging stations, dehydration facilities, electric facilities, communication facilities, and any other appurtenances that may be necessary or desirable in connection with a pipeline, are described as follows: (3) The maximum diameter, excluding any protective coating or wrapping, of each pipeline to be initially installed under this instrument for a pipeline right-of-way is (4) For each pipeline to be installed under this instrument, the type or category of substances permitted to be transported through each pipeline is. (5) Any aboveground equipment or facility that Grantee? intends to install, maintain, or operate under this instrument on the surface of the pipeline easement is described as follows: (6) A description or illustration of the location of the easement, including a metes and bounds or centerline description, plat, or aerial or other map-based depiction of the location of the easement on the property, is attached as Exhibit (7) The maximum width of the easement under this instrument is (8) Fore each pipeline to be installed under this instrument, the minimum depth at which the pipeline will initially be installed is (9) The entity installing pipeline(s) under this instrument: (check one) intends to double-ditch areas of the pipeline easement that are not installed by boring or horizontal directional drilling. does not intend to double-ditch areas of the pipeline easement that are not installed by boring or horizontal directional drilling. (10) Grantee shall orovide written notice to Grantor3, at the last known address of the person in whose name the property is listed on the most recent tax roll of any taxing unit authorized to levy property taxes against the property, if and when Grantee assigns any interest conveyed under this instrument to another entity, provided that this provision does not require notice by Grantee for assignment to an affiliate or to a successor through merger, consolidation, or other sale or transfer of all or substantially all of its assets and businesses. (11) The easement rights conveyed by this instrument are: (check one) exclusive. nonexclusive. The easement terms listed in this addendum may be amended, altered, or omitted by the agreement of the condemning authority and the landowner, pursuant to! Sections 21 0114ld), (e), and (f) of the Texas Property Code. 2 Grantee" is the private entity, as defined by Section: 21.0114(a) of the Texas Property Code, that is acquiring the pipeline easement. 3 Grantor" is the property owner from whom the Grantee is acquiring the pipeline easement. 6 REV 1/22 (12) Grantee may not grant to a third party access to the easement area for a purpose that is not related to one of the following: the construction, safety, repair, maintenance, inspection, replacement, operation, or removal of each pipeline to be installed under this instrument or of pipeline appurtenances to be installed under this nstrument. (13) Grantor: (check one) may recover from Grantee actual monetary damages, if any, arising from the construction and installation of each pipeline to be installed under this instrument. acknowledges that the consideration paid for the easement. acquired under this instrument includes monetary damages, if any, arising from the construction and installation of each pipeline to be installed under this instrument. (14) After initial construction and installation of each pipeline installed under this instrument, Grantor: (check one) may recover from Grantee actual monetary damages, if any, arising from the repair, maintenance, inspection, replacement, operation, or removal of each pipeline to be installed under this instrument. acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, arising from the repair, maintenance, inspection, replacement, operation, or removal of each pipeline to be installed under this instrument. (15) Grantor: (check one) and Grantee agree, with regard to Grantee' s removal, cutting, use, repair, and replacement of gates and fences that cross the easement or that will be used by Grantee under this instrument, that Grantee will access and secure the easement acquired under this instrument as follows: L may recover from Grantee payment for monetary damages, if any, caused by Grantee to gates and fences, if any, to the extent that the gates or fences are not restored or paid for as part of the consideration paid for the instrument. acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to gates and fences. (16) With regard to restoring the pipeline easement area acquired under this nstrument and Grantor's remaining property used by Grantee to as near to original condition as is reasonably practicable and maintaining the easement in a manner consistent with the purposes for which the easement is to be used under this instrument: (check one) Grantee will be responsible for the restoration. Grantee will reimburse Grantor for monetary damages that arise from damage to the pipeline easement area or the Grantor's remaining property, if any, caused by the Grantee and not restored or paid for as part of the consideration for the instrument. acknowledges that the consideration paid for the easement. acquired under this instrument includes monetary damages, ifa any, caused by Grantee to the pipeline easement area or the Grantor's remaining property. (17) Grantee's rights of ingress, egress, entry. and access on, to, over, and across Grantor's oroperty under this instrument are described as follows: (18) Grantee maynot make use of the oropertyrights acquired by this instrument, other than as provided by this instrument. without the express written consent of Grantor. (19) The terms of this instrument bind the heirs, successors, and assigns of Grantor and Grantee. 7 REV 1/22 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS ADDENDUM B: Required Terms for an Instrument Conveying an Electric Transmission Line Right-of-Way Easement (1) The uses of the surface of the property to be encumbered by the electric transmission line right-of-way easement acquired by Grantees under this instrument are generally described as follows: (2) A description or illustration of the location of the electric transmission line right-of-way easement, including a metes and bounds or centerline description, plat, or aerial or other map-based depiction of the location of the easement on the property, is attached as Exhibit (3) The maximum width of the electric transmission line right-of-way easement acquired by this instrument is (4) Grantee will access the electric transmission line right-of-way easement acquired under this instrument in the following manner: (5) Grantee may not grant to a third party access to the electric transmission line right-of-way easement area for a purpose that is not related to the construction, safety, repair, maintenance, inspection, replacement, operation, or removal of the electric and appurtenant facilities installed under this instrument. (6) Grantors: (check one) may recover from Grantee actual monetary damages, if any, arising from the construction, operation, repair, maintenance, inspection.replacementandrutureremovaloflinesands supportfaclitesalterintalconstruction ini the easement, ifa any. acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, arising from the construction, operation, repair, maintenance, inspection, replacement, and future removal of lines and support facilities after initial construction in the easement. (7) Grantor: (check one) and Grantee agree, with regard to Grantee' s removal, cutting, use, repair, and replacement of gates and fences that cross the easement or that will be used by Grantee under this instrument, that Grantee will access and secure the easement acquired under this instrument as follows: may recover from Grantee payment for monetary damages, if any, caused by Grantee to gates and fences, if any, to the extent that the gates or fences are not restored or paid for as part of the consideration paid for the instrument. acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to gates and fences. 4 The easement terms listed in this addendum may be amended, altered, or omitted by the agreement of the condemning authority and the landowner, pursuant to Sections 21.0114(d), (e), and (f) oft the Texas Property Code. 5 Grantee"i is the private entity. as defined by Section 21.0114(a) of the Texas Property Code. that is acquiring the electric transmission line right-of-way easement. 6 "Grantor" is the oroperty owner from whom the Grantee is acquiring the electric transmission line right-of-way easement. 8 REV 1/22 (8) Grantee shall restore the easement area and Grantor's remaining property to their original contours and grades, to the extent reasonably practicable, unless Grantee's safety or operational needs and the electric facilities located on the easement would be impaired. With regard to restoring the electric transmission line right-of-way easement area acquired under this instrument and Grantor's remaining property used by Grantee to as near to original condition as is reasonably practicable following future damages, ifany, directly attributed to Grantee's use of the easement: (check one) Grantee will be responsible for the restoration, unless the safety or operational needs of Grantee and the electric facilities would be impaired. D Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes future damages, if any. caused by Grantee to the easement area or the Grantor's remaining property. (9) The easement rights acquired under this instrument are: (check one) J exclusive. D nonexclusive. otherwise limited under the terms of the instrument as follows: (10) Grantee may not assign Grantee's interest in the property rights acquired under this instrument to an assignee that will not operate as a utility subject to the, jurisdiction of the Public Utility Commission of Texas or the Federal Energy Regulatory Commission without written notice to Grantor at the last known address of the person in whose name the property is listed on the most recent tax roll of any taxing unit authorized to levy property taxes against the property. (11) Grantee may not make use of the property rights acquired by thisi instrument, other than as provided by this instrument, without the express written consent of Grantor. (12) The terms of this instrument bind the heirs, successors, and assigns of Grantor and Grantee. 9 REV 1/22 THE STATE OF TEXAS LANDOWNERS BILL OF RIGHTS ADDENDUM C: Optional Terms for an Instrument Conveying a Pipeline Right-of-Way Easement, an Easement Related to Pipeline Appurtenances, or an Electric Transmission Line Right-of-Way Easement? (1) With regard to the specific vegetation described as follows: Grantor8: (check one): may recover from Grantee9 payment for monetary damages, ifany. caused by Grantee to the vegetation. Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee toi the vegetation. (2) With regard toi income loss from disruption of existing agricultural production or existing leases based on verifiable loss or lease payments caused by Grantee's use of the easement acquired under this instrument, Grantor: (check one) may recover from Grantee payment for monetary damages, if any, caused by Grantee to Grantor's income. Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to Grantor's income. (3) Grantee shall maintain commercial liability insurance or self-insurance at all times, including during Grantee's construction and operations on the easement, while Grantee uses the easement acquired under this instrument. The insurance must insure Grantor against liability for personal injuries and property damage sustained by any person to the extent caused by the negligence of Grantee or Grantee' s agents or contractors and to the extent allowed by law. If Grantee maintains commercial liability insurance, it must be issued by an insurer authorized to issue liability insurance in the State of Texas. (4) If Grantee is subject to the electric transmission cost-of-service rate. jurisdiction of the Public Utility Commission of Texas or has a net worth of at least $25 million, Grantee shall maintain commercial liability insurance or self-insurance at levels approved by the Public Utility Commission of Texas in the entity's most recent transmission cost-of-service base rate proceeding. 7 Pursuant to Section 21.0114(d) of the Texas Property Code, in addition tot the terms set forth in Addenda. A and B, a property owner may negotiate for the inclusion oft the termsi in this Addendum ina anyi instrument conveying an easement toap private entity, as defined by Section: 21.0114(a) of the Texas Property Code. The easement terms listed in this addendum may be amended, altered, or omitted by the agreement of the condemning authority and the land- owner, pursuant to Sections 21.0114(d), (e), and (f) of the Texas Property Code. 8 "Grantor" is the property owner from whom the Grantee is acquiring the pipeline or electric transmission line right-of-way easement. 9 Grantee" is the private entity, as defined by Section 21.0114(a) of the Texas Property Code, that is acquiring the easement. 10 REV 1/22 WHEN A PUBLIC AGENCY U.S. Department of Housing ACQUIRES YOUR PROPERTY and Urban Development Office of Community Planning and Development ww.nud.govrelocation Introduction This booklet describes important features of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) and provides general information about public acquisition of real property (real estate) that should be useful to you. Most acquisitions of real property by a public agency for a Federal project or a project in which Federal funds are used are covered by the URA. f you are notified that your property will be acquired for such a project, it is important that you learn your rights under this important law. This booklet may not answer all of your questions. If you have more questions about the acquisition of your property, contact the Agency responsible for the project. (Check the back of this booklet for the name of the person to contact at the Agency.) Ask your questions before you sell your property. Afterwards, it may be too late. General Questions What Right Has Any Public Agency To Acquire My Property? The Federal Government and every State government have certain powers which are necessary for them to operate effectively. For example, they have the power to levy taxes and the power to maintain order. Another government power is the power to acquire private property for public ourposes. This is known as the power of eminent domain. The rights of each of us are protected, however, by the Fifth and Fourteenth Amendments of the U.S. Constitution and by State constitutions and eminent domain laws which guarantee that if a public agency takes private property it must pay just compensation" to the owner. The URA provides additional protections, as explained in this booklet. Who Made The Decision To Buy My Property? The decision to acquire a property for a public project usually involves many persons and many determinations. The final determination to proceed with the project is made only after a thorough review which may include public hearings to obtain the views of interested citizens. If you have any questions about the project or the selection of your property for acquisition, you should ask a representative of the Agency which is responsible for the project. Previous Edition Obsolete 1 HUD-1041-CPD (3/2005) How Will The Agency Determine How Much To Offer Me For My Property? Before making you an offer, the Agency will obtain at least one appraisal of your property by a competent real property appraiser who is familiar with local property values. The appraiser will inspect your property and prepare a report that includes his or her professional opinion of its current fair market value. After the appraiser has completed his work, a review appraiser will examine the appraisal report to assure that the estimate is fair and the work conforms with professional appraisal standards. The Agency must offer you "just compensation" for your property. This amount cannot be less than the appraised fair market value of the property. Just compensation" for your property does not take into account your relocation needs. Ify you are eligible for relocation assistance, it will be additional. What Is Fair Market Value? Fair market value is sometimes defined as that amount of money which would probably be paid for a property in a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. In some areas a different term or definition may be used. The fair market value of a property is generally considered to be "just compensation. Fair market value does not take into account intangible elements such as sentimental value, good will, business profits, or any special value that your property may have for you or for the Agency. How Does An Appraiser Determine The Fair Market Value Of My Property? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: How it compares with similar properties in the area that have been sold recently. How much rental income it could produce. How much it would cost to reproduce the buildings and other structures, less any depreciation. Will I Have A Chance To Talk To The Appraiser? Yes. You will be contacted and given the opportunity to accompany the appraiser on his or her inspection of your property. You may then inform the appraiser of any special features which you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property represent you. Previous Edition Obsolete 2 HUD-1041-CPD (3/2005) How Soon Will I Receive A Written Purchase Offer? Generally, this will depend on the amount of work required to appraise your property. In the case of a typical single-family house, it is usually possible to make a written purchase offer within 45 to 60 days of the date an appraiser is selected to appraise the property. Promptly after the appraisal has been reviewed (and any necessary corrections obtained), the Agency will determine just compensation and give you a written purchase offer in that amount along with a "summary statement, explaining the basis for the offer. No negotiations are to take place before you receive the written purchase offer and summary statement. What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation? The summary statement of the basis for the offer of just compensation will include: An accurate description of the property and the interest in the property to be acquired. A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the compensation for the part to be acquired and the compensation for damages, if any, to the remaining part will be separately stated.) A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in the property not owned by you and not covered by the offer (e.g., a tenant-owned improvement), it will be SO identified.) Must I Accept The Agency's Offer? No. You are entitled to present your evidence as to the amount you believe is the fair market value of your property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider your evidence and suggestions. When fully justified by the available evidence of value, the offer price will be increased. May Someone Represent Me During Negotiations? Yes. If you would like an attorney or anyone else to represent you during negotiations, please inform the Agency. However, the URA does not require the Agency to pay the costs of such representation. If I Reach Agreement With The Agency, How Soon Will I Be Paid? If you reach a satisfactory agreement to sell your property and your ownership (title to the property) is clear, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after you sign a purchase contract. If the Previous Edition Obsolete 3 HUD-1041-CPD (3/2005) title evidence obtained by the Agency indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and other instruments affecting your ownership of the property.) What Happens Ifl Don't Agree To The Agency's Purchase Offer? If you are unable to reach an agreement through negotiations, the Agency may file a suit in court to acquire your property through an eminent domain proceeding. Eminent domain proceedings are often called condemnations. If your property is to be acquired by condemnation, the Agency will file the condemnation suit without unreasonable delay. An Agency may also decide not to buy your property, if it cannot reach agreement on a price, and find another property to buy instead. What Happens After The Agency Condemns My Property? You will be notified of the action. Condemnation procedures vary, and the Agency will explain the procedures which apply in your case. Generally, when an Agency files a condemnation suit, it must deposit with the court (or in an escrow account) an amount not less than its appraisal of the fair market value of the property. You should be able to withdraw this amount, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property. During the condemnation proceeding, you will be provided an opportunity to introduce your evidence as to the value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties, the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the Agency, you will be paid the difference, plus any interest that may be provided by law. To help you in presenting your case in a condemnation proceeding, you may wish to employ an attorney and an appraiser. However, in most cases the costs of these professional services and other costs which an owner incurs in presenting his or her case to the court must be paid by the owner. What Can I Do If - Am Not Satisfied With The Court's Determination? If you are not satisfied with the court judgment, you may file an appeal with the appropriate appellate court for the area in which your property is located. Ifyou are considering an appeal, you should check on the applicable time limit for filing the appeal and consult with your attorney on whether you have a basis for the appeal. The Agency may also file an appeal if it believes the amount of the judgment is too high. Previous Edition Obsolete 4 HUD-1041-CPD (3/2005) Will I Have To Pay Any Closing Costs? You will be responsible for the payment of the balance on any mortgage and other liens on your property. Also, if your ownership is not clear, you may have to pay the cost of clearing it. But the Agency is responsible for all reasonable and necessary costs for: Typical legal and other services required to complete the sale, recording fees, revenue stamps, transfer taxes and any similar expenses which are incidental to transferring ownership to the Agency. Penalty costs and other charges related to prepayment of any recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period beginning on the date the Agency acquires your property. Whenever possible, the Agency will make arrangements to pay these costs directly. If you must incur any of these expenses yourself, you will be repaid-usually at the time of closing. If you later discover other costs for which you should be repaid, you should request repayment from the Agency immediately. The Agency will assist you in filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency. May I Keep Any Of The Buildings Or Other improvements On My Property? Very often, many or all of the improvements on the property are not required by the Agency. This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the Agency know as soon as possible. If you do arrange to keep any improvement, the Agency will deduct only its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) Of course, if you arrange to keep any real property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a new location. Can The Agency Take Only A Part Of My Property? Yes. But if the purchase of only a part of your property reduces the value of the remaining part(s), you will be paid for the loss in value. Also, if any remaining part would have little or no utility or value to you, the Agency will offer to buy that remaining part from you. Occasionally, a public project will increase the value of the part which is not acquired by the Agency. Under some eminent domain laws, the amount of such increase in value is deducted from the purchase payment the owner would otherwise receive. Previous Edition Obsolete 5 HUD-1041-CPD (3/2005) Will I Have To Pay Rent To The Agency After My Property Is Acquired? If you remain on the property after the acquisition, you may be required to pay a fair rent to the Agency. Such rent will not exceed that charged for the use of comparable properties in the area. How Soon Must I Move? If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for your property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. If you reach a voluntary agreement to sell your property, you will not be required to move before you receive the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court sO that you can withdraw your share. If you are being displaced from your home, you will not be required to move before a comparable replacement home is available to you. Will I Receive Relocation Assistance? Title II of the URA requires that certain relocation payments and other assistance must be provided to families, individuals, businesses, farms, and nonprofit organizations when they are displaced or their personal property must be moved as a result of a project that is covered by the URA. The Agency will furnish you a full explanation of any relocation assistance to which you may be entitled. If you have any questions about such assistance, please contact the Agency. In order for the Agency to fulfill its relocation obligations to you, you must keep the Agency informed of your plans. My Property Is Worth More Now. Must I Pay Capital Gains Tax On The Increase? Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would apply to a gain or loss resulting from the sale or condemnation of real property, or its sale under the threat of condemnation, for public purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office. I'm A Veteran. How About My VA Loan? After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase another property. Check on such arrangements with your nearest Veterans Administration Office. Previous Edition Obsolete 6 HUD-1041-CPD (3/2005) Is It Possible To Donate Property? Yes. You may donate your property or sell it to the Agency for less than its fair market value. The Agency must obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from these obligations. Additional information If you have any questions after reading this booklet, contact the Agency and discuss your concerns with the Agency representative. Agency: City of Laredo Address: 1301 Farragut Office Hours: :00a.m.-5:00p.m. Telephone Number: 956-795-5706 Person to Contact: Norma Martinez Previous Edition Obsolete 7 HUD-1041-CPD (3/2005) O' 100' 200' 300' SANTIAGO SANCHEZ SCALE 1" 100' PORCION NO. 12, ABSTRACT NO. 278 1 2.643 AC. 115, 116 SF 0-1 VINE TRACT 1 CALLED 22.4543 AC. FM 1472 INVESTMENTS, INC. DOC. NO. 1337924 s 0-3 AUGUST 17, 2018 S O.P.R.W.C.T. C1 POC PARCEL 1 FND TXDOT TYPE II - FM 1472 300' WIDE R. O. W. POB PARCEL 1 N-17,128,251.55 E- 641,022.92 STA-12-78.51 0/S-428.21" RT RODS SURVEYING, INC. SET 6810 LEE ROAD SPRING, TEXAS 77379 TEL (281) 257-4020 FAX (281) 257-4021 TBPLS FIRM REGISTRATION # 10030700 PARCEL PLAT SHOWING PARCEL P00067425. 001 CS HACHAR-REUTHINOER HIGHWAY) RCSJ 0922-33-218 PROJECT NO. R00011098 SEE PAGE 10 OF 11 FOR LINE TABLE, CURVE TABLE, PAGE 7 OF 11 FEBRUARY : AND OWNERSHIP INFORMATION 2023 POB PARCEL SANTIAGO SANCHEZ N 67* 50 21" E PORCION NO. 12, ,479.09" SET ABSTRACT NO. 278 PRB PARCEL 2 0-2 % [0-1 * 2 & f & 1 8 % 0. 197 . RCEL T 6 N RT N PARI RESIDE LoUI oF CALLE ED 06 Ac. * b, y . FALO L 0, EA MD 9 FRS PARELA Ber I : G. E : . 543 7. j9 VoL. A) PARENT TRACT INSET RODS SURVEYING, INC. PARCEL 2 PART 1 & 2 Y 3 sse 6810 LEE ROAD T (N. T.S.) SPRING, TEXAS 77379 257-4020 D w TEL (281) FAX (281) 257-4021 L s TBPLS FIRM REGISTRATION # 10030700 a 124, - PARCEL PLAT D-2) SHOWING REMAI - - € CALLED PARCEL P00067426. 001 10O CS HACHAR-REUTHINGER HIGHWAY) - RCSJ 0922-33-218 ,P 3 PROJECT R00011098 NO. PAGE 19 OF 39 FEBRUARY 2023 FND B SANTIAGO SANCHEZ PORGION NO. . 12, * 6,. ABSTRACT NO. 278 So. ED IRACT * e, A R. € THREE TA Ouis RESIDUE 11 N JAEL a E FALCON ONA AC.) SECTAN PROS 9 LI IVINC_TRUST a NDE & FE RESIDUE TRUST o 89 VOL. 256, PG. MICO ca . P 3 JULY 335, Y 23, PG. 1957 593 EST JST B 45 36, 1966 8 a vCy 25, 96 PG. 79 26.. 1975 D.R. VA -5 OB PAR EL E: SE LT e , 15 P I RODS SURVEYING, INC. 6810 LEE ROAD SPRING, TEXAS 77379 TEL (281) 257-4020 FAX (281) 257-4021 TBPLS FIRM REGISTRATION # 10030700 PARCEL PLAT PARENT TRACT INSET PARÇEL 5 SHOWING (N.1 T.S.) PARCEL P00071437.001 I CS HACHAR-REUTHINGER HIGHWAY) RCSJ 0922-33-219 PROJECT NO. R00011099 - : PAGE 8 OF 10 MARCH 2023 CITY OF LAREDO DEPARTMENT OF COMMUNITY DEVELOPMENT REAL ESTATE DIVISION AREG YERKS 1755 March 3, 2023 Reuthinger Living Trust Certified Mail: 702119700055651911 V Wynn & H Offerle Trustees Po Box 1792 Laredo, Texas 78044 County: Webb Highway: Hachar-Reuthinger Road CSJ: 0922-33-165 Limits: From F.M. 1472 To IH-35 RCSJ: N/A Parcel No: 6 Dear Reuthinger Living Trust, In an effort to address the continued growth and development in north Laredo, the City of Laredo is pursuing the construction of a new controlled-access facility "Hachar- Reuthinger Road" as a mean to improve traffic flow and congestion issues in the area of FM 1472 (Mines Road) to IH35. A portion of your properties with Property ID#561414 legally described as ABST 279 POR 11 T Sanchez 134.3676 Acres, Property ID#561413 legally described as ABST 280 P-10 T Sanchez 215.2634 Acres, and Property ID#561412 legally described as ABST 0041 P9 B M Diaz 244.5465 Acres are of primary interest to the City for the development of said road. In acquiring real estate property, you as property owner have specific rights as per Texas State statutes, included for your information is the Texas Landowner's Bill of Rights and When a Public Agency Acquires your Property. Ifyou should have further questions or need additional information on this matter, please feel free to contact me at the Department of Community Development Real Estate Division at (956) 795-5706 or via email at marinez@e.aredoik.s: Sincerely, - bma MAnvs Norma Martinez Real Estate Manager Encl. Webbcad Property Information Texas Landowner's Bill ofl Rights When a Public Agency Acquires Your Property Survey (Parcel Plat) 1301 FARRAGUT P.O.BOX 1276 LAREDO, TEXAS 78042-1276 TEL. 956.795.2675 FAX 956.795.2689 PID 561414 13678 W IH 35 Property Summary Report I 2023 Online Services - I WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 561414 Name: Reuthinger Living Trust Geographic ID: 900-90111-017 Secondary Name: VWynn & H Offerle Trustees Type: R Mailing Address: PO Box 1792 Laredo TX USA 78044-1792 Zoning: Agent: Owner ID: 56295 Legal Description: ABST 279 POR 11 T SANCHEZ % Ownership: 100.00 134.3676 ACRES Exemptions: Property Use: LOCATION Address: 13678 W IH 35 Market Area: Market Area CD: RANW1 Map ID: R32 Zoning: / Google-rbus. Maxar Technologies, USDA/FPAC/GEO VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A mprovement Homesite: N/A Improvement Non-Homesite: N/A Total Improvement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 2021 2020 2019 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market improvement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $194,156 $0 $187,222 $6,934 $0 $6,934 2021 $262,593 $0 $253,402 $9,191 $0 $9,191 2020 $187,570 $0 $178,380 $9,190 $0 $9,190 2019 $231,520 $0 $215,540 $15,980 $0 $15,980 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> PID 561413 Property Summary Report 2023 Online Services WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 561413 Name: Reuthinger Living Trust Geographic ID: 900-90101-156 Secondary Name: VI Wynn & H Offerle Trustees Type: R Mailing Address: PO Box 1792 Laredo TX USA 78044-1792 Zoning: Agent: Owner ID: 56295 Legal Description: ABST 280 P-10 T SANCHEZ 215.2634 % Ownership: 100.00 ACRES Exemptions: Property Use: LOCATION Address: Market Area: Market Area CD: RANW1 Map ID: R32 Zoning: Google.rous. Maxar Technolgies, USDAFPACIGEO VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A Improvement Homesite: N/A Improvement Non-Homesite: N/A Total Improvement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 2021 2020 2019 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market Improvement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $347,394 $0 $334,987 $12,407 $0 $12,407 2021 $687,414 $0 $663,355 $24,059 $0 $24,059 2020 $491,010 $0 $466,950 $24,060 $0 $24,060 2019 $709,180 $0 $674,430 $34,750 $0 $34,750 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> PID 561412 Property Summary Report 2023 Online Services WEBB COUNTY APPRAISAL DISTRICT GENERAL INFO ACCOUNT OWNER Property ID: 561412 Name: Reuthinger Living Trust Geographic ID: 900-90091-122 Secondary Name: VWynn & H Offerle Trustees Type: R Mailing Address: PO Box 1792 Laredo TX USA 78044-1792 Zoning: Agent: Owner ID: 56295 Legal Description: ABST 0041 P9 B M DIAZ 244.5465 % Ownership: 100.00 ACRES Exemptions: Property Use: LOCATION Address: Market Area: Market Area CD: RANW1 Map ID: R32 Zoning: Google.rous. Maxar Technokogies, USDA/FPACIGEO VALUES CURRENT VALUES VALUE HISTORY Land Homesite: N/A Land Non-Homesite: N/A Special Use Land Market: N/A Total Land: N/A Improvement Homesite: N/A Improvement Non-Homesite: N/A Total Improvement: N/A Market: N/A Special Use Exclusion (-): N/A Appraised: N/A 2023 2022 2021 2020 2019 Value Limitation Adjustment (-): N/A Values for the current year are preliminary and are subject to Net Appraised: N/A change. VALUE HISTORY Year Land Market improvement Special Use Exclusion Appraised Value Limitation Adj (-) Net Appraised 2023 N/A N/A N/A N/A N/A N/A 2022 $342,365 $0 $330,138 $12,227 $0 $12,227 2021 $383,026 $0 $369,620 $13,406 $0 $13,406 2020 $273,590 $0 $260,180 $13,410 $0 $13,410 2019 $273,590 $0 $260,180 $13,410 $0 $13,410 Page 1of 2 Effective Date of Appraisal: January 1 Date Printed: March 01, 2023 Powered By: <True Prodigy> 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 good faith offer that conforms with chapter 21 of the Texas property is condemned. Property Code. 2. Your property can only be condemned for a public use. 8. You may hire an appraiser or other orofessional to 3. Your property can only be condemned by a governmental determine the value of your property or to assist you in any entity or private entity authorized by law to do SO. condemnation proceeding. 4. The entity that wants to acquire your property must notify 9. You may hire an attorney to negotiate with the condemning you that it intends to condemn your property. entity and to represent you in any legal proceedings 5. The entity proposing to acquire your property must provide involving the condemnation. you with a written appraisal from a certified appraiser 10.Before your property is condemned, you are entitled to a detailing the adequate compensation you are owed for your hearing before a court-appointed panel of three special property. commissioners. The special commissioners must determine 6. If you believe that a registered easement or right-of-way the amount of compensation the condemning entity owes agent acting on behalf of the entity that wants to acquire for condemning your property. The commissioners must your property has engaged in misconduct, you may file a also determine what compensation, if any, you are entitled written complaint with the Texas Real Estate Commission to receive for any reduction in value of your remaining (TREC) under section 1101.205 of the Texas Occupations property. Code. The complaint should be signed and may include any 11.1f you are unsatisfied with the compensation awarded by supporting evidence. the special commissioners. or if you question whether the 7. The condemning entity must make a bona fide offer to condemnation of your property was proper, you have the buy the property before it files a lawsuit to condemn the right to a trial by a judge or jury. You may also appeal the property-meaning the condemning entity must make a trial court's. judgment if you are unsatisfied with the result. - PREPARED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS . JANUARY 2022 CONDEMNATION PROCEDURE Eminent domain is the legal authority certain governmental and address of the person listed as the property owner on the private entities have to condemn private property for public most recent tax roll at least seven days before making its use in exchange for adequate compensation. Only entities final offer to acquire the property. authorized by law to do sO may condemn private property. If the condemnor seeks to condemn a right-of-way Private property can include land and certain improvements easement for a pipeline or electric transmission line and that are on that property. is a private entity, the condemnor must also provide you a copy of the Landowner's Bill of Right's addendum. WHO CAN I HIRE TO HELP ME? The addendum describes the standard terms required You can hire an appraiser or real estate professional to help you in an instrument conveying property rights (such as a determine the value of your property as well as an attorney to deed transferring title or an easement spelling out the negotiate with a condemning entity or to represent you during easement rights) and what terms you can negotiate. condemnation proceedings. Make al bona fide offert to ourchase thep property. This process is described more fully in chapter 21 of the Texas Property WHAT QUALIFIES AS A PUBLIC PURPOSE OR USE? Code. A "bona fide offer" involves both an initial written offer Your property may be condemned only for a purpose or use as well as a final written offer. that serves the general public. This could include building or Thei initial written offer must include: expanding roadways, public utilities, parks, universities, and ac copyofthel Landowner's 's Billo of Rights and addendum other infrastructure serving the public. Texas law does not (if applicable); allow condemning authorities to exercise eminent domain for either a large-font, bold-print statement saying tax revenue or economic development. whether the offered compensation includes damages WHAT IS ADEQUATE COMPENSATION? toi the remainder ofyourremaining property ora a formal Adequate compensation typically means the market value appraisal of the property that identifies any damages of the property being condemned. It could also include to the remaining property (if any): certain damages if your remaining property's market value the conveyance instrument (such as an easement or is diminished by the condemnation or the public purpose for deed); and which it is being condemned. the name and telephone number of an employee, affiliate, or legal representative of the condemning OTHER THAN ADEQUATE COMPENSATION, W/HAT entity. OTHER COMPENSATION COULD I BE OWED? Thef final written offer must be made at least 30 days after Ify you are displaced from your residence or place of business, thei initial written offer and must include, if not previously you may! be entitled to reimbursement for reasonable expenses provided: incurred while moving to a new site. However, reimbursement compensation equal to or more than the amount listed costs may not be available if those expenses are recoverable in a written, certified appraisal that is provided to you; under another law. Also, reimbursement costs are capped at copies of the conveyance instrument; and the market value of the property. the Landowner's Bill of Rights. Disclose any appraisal reports. W/hen making its initial offer, WHAT DOES A CONDEMNOR HAVE TO DO BEFORE the condemning entity must share its appraisal reports that CONDEMNING MY PROPERTY? relate to the property from the past 10 years. You have the Provide you a copy of this Landowner's Bill of Rights before, right to discuss the offer with others and to either accept or or at the same time as, the entity first represents that it reject the offer made by the condemning entity. possesses eminent domain authority. It is also required to send this Landowner's Bill of Rights to the last known 2 REV 1/22 WHAT IFI DO NOT ACCEPT AN OFFER BY THE by certified mail, return receipt requested, and first class mail. CONDEMNING AUTHORITY? Itr must also send a copy to your attorney if you are represented The condemnor must give you at least 14 days to consider the by counsel. final offer before filing a lawsuit to condemn your property. which begins the legal condemnation process. W/HAT DOES THE CONDEMNOR HAVE TO INCLUDE IN THE LAWSUIT FILED WITH THE COURT? HOW DOES THE LEGAL CONDEMNATION The lawsuit must describe the property being condemned and PROCESS START? state the following: the public use; your name; that you and the The condemnor can start the legal condemnation process by condemning entity were unable to agree on the value of the filing a lawsuit to acquire your property in the appropriate court property; that the condemning entity gavey you thel Landowner's of the county where the property is located. When filing the Bill of Rights; and that the condemning entity made a bona fide petition, the condemnor must send you a copy of the petition offer to voluntarily purchase the property from you. SPECIAL COMMISSIONERS HEARING AND AWARD No later than 30 days after the condemning entity files a monelaycompensationtsationfortnevalueothne, propertycondemned condemnation lawsuit in court, the judge will appoint three and the value of any damages to the remaining property. They local landowners to serve as special commissioners and two do not decide whether the condemnation is necessary or if the alternates. The judge will promptly give the condemnor a public use is proper. Further, the special commissioners do not signed order appointing the special commissioners and the have the power to alter the terms of an easement, reduce the condemnor must give you, your lawyer, and other parties a size of the land acquired, or say what access will be allowed copy of the order by certified mail, return receipt requested. to the property during or after the condemnation. The special The special commissioners will then schedule a condemnation commissioners also cannot determine who should receive what hearing at the earliest practical time and place and to give you portion of the compensation they award. Essentially, the special written notice of the hearing. 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? 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. W/HAT DO THE SPECIAL COMMISSIONERS DO? The special commissioners' job is to decide what amount of W/HAT IF I WANT TO OBJECT TO A SPECIAL money is adequate to compensate you for your property. The COMMISSIONER? special commissioners will hold a hearing where you and other The, judge must provide to the parties the names and contact interested parties may introduce evidence. Then the special information of the special commissioners and alternates. commissioners will determine the amount of money that is Each party will have up to 10 days after the date of the order adequate compensation and file their written decision, known appointing the special commissioners or 20 days after the date as an "Award," in the court with notice to all parties. Once the the petition was filed, whichever is later, to strike one of the Award is filed, the condemning entity may take possession and three special commissioners. If a commissioner is struck, an start using the property being condemned, even if one or more alternate will serve as a replacement. Another party may strike parties object to the Award of the special commissioners. a special commissioner from the resulting panel within three days after the date the initial strike was filed or the date of the ARE THERE LIMITATIONS ON W/HAT THE SPECIAL initial strike deadline, whichever is later. COMMISSIONERS CAN DO? Yes. The: special commissioners. are tasked onlywith determining 3 REV1/22 WHAT WILL HAPPEN AT THE SPECIAL DO I HAVE TO PAY FOR THE SPECIAL COMMISSIONERS COMMISSIONERS HEARING? HEARING? The special commissioners will consider any evidence (such If the special commissioners' award is less than or equal to as appraisal reports and witness testimony) on the value of the amount the condemning entity offered to pay before the your condemned property, the damages or value added to proceedings began, then you may be financially responsible remaining property that is not being condemned, and the for the cost of the condemnation proceedings. But, if the award condemning entity's proposed use of the property. is more than the condemning entity offered to pay before the proceedings began, then the condemning entity will be WHAT ARE MY RIGHTS AT THE SPECIAL responsible for the costs. COMMISSIONERS HEARING? You have the right to appear or not appear at the hearing. If WHAT DOES THE CONDEMNOR NEED TO DO TO TAKE you do appear, you can question witnesses or offer your POSSESSION OF THE PROPERTY? own evidence on the value of the property. The condemning Once the condemning entity either pays the amount of the entity must give you all existing appraisal reports regarding award to you or deposits it into the court's registry, the entity your property used to determine an opinion of value at least may take possession of the property and put the property to three days before the hearing. If you intend to use appraisal public use. Non-governmental condemning authorities may reports to support your claim about adequate compensation, also be required to post bonds in addition to the award amount. you must provide them to the condemning entity 10 days after Youl have the right to withdraw funds that are deposited into the you receive them or three business days before the hearing, registry of the court, but when you withdraw the money, you whichever is earlier. can no longer challenge whether the eminent domain action is valid-only whether the amount of compensation is adequate. OBJECTING TO THE SPECIAL COMMISSIONERS AWARD Ify you, the condemning entity, or any other party is unsatisfied right to a trial and can elect whether to have the case decided with the amount of the award, that party can formally object. The by aj judge or jury. objection must be filed iny writing with the court and is due by the first Monday following the 20th day after the clerk gives notice WHO PAYS FOR TRIAL? that the commissioners have filed their award with the court. If If the verdict amount at trial is greater than the amount of the no party timely objects to the special commissioners' award, the special commissioners' award, the condemnor may be ordered court will adopt the award amount as the final compensation to pay costs. If the verdict at trial is equal to or less than the due and issue ai finaljudgment in absence of objection. amount the condemnor originally offered, you may be ordered to pay costs. WHAT HAPPENS AFTER I OBJECT TO THE SPECIAL COMMISSIONERS AWARD? IS THE TRIAL VERDICT THE FINAL DECISION? If a party timely objects, the court will hear the case just like Not necessarily. After trial any party may appeal the, judgment other civil lawsuits. Any party who objects to the award has the entered by the court. 4 REV 1/22 DISMISSAL OF THE CONDEMNATION ACTION A condemnation action may be dismissed by either the the court grants the landowner's motion, the court may award condemning authority itself or on a motion by the landowner. the landowner reasonable and necessary fees and expenses incurred to that date. WHAT HAPPENS IF THE CONDEMNING AUTHORITY NO LONGER WANTS TO CONDEMN MY PROPERTY? CANI I GETI MY PROPERTY BACK IF IT IS CONDEMNED If a condemning entity decides it no longer needs your BUT NEVER PUTTO Al PUBLIC USE? condemned property, it can file a motion to dismiss the You may have the right to repurchase your property if your condemnation proceeding. If the court grants the motion to property is acquired through eminent domain and: dismiss, the case is over, and you can recover reasonable and the public use for which the property was acquired is necessary fees for attorneys, appraisers, photographers, and canceled before that property is put to that use, for other expenses up to that date. 10 actual progress is made toward the public use within 10 years, or W/HAT IFI I DO NOT THINK THE CONDEMNING ENTITY the property becomes unnecessary for public use within HAS THE RIGHT TO CONDEMN MY PROPERTY? 10 years. You can challenge the right to condemn your property by filing a motion to dismiss the condemnation proceeding. For The repurchase price is the price you were paid at the time of example, a landowner could challenge the condemning entity's the condemnation. claim that it seeks to condemn the property for a public use. If ADDITIONAL RESOURCES AND ADDENDA For more information about the procedures, timelines, and The information in this statement is intended to be a summary equirements outlined in this document, see chapter 21 of of the applicable portions of Texas state law as required by the Texas Property Code. An addenda discussing the terms HB 1495. enacted by the Both Texas Legislature, Regular required for an instrument of conveyance under Property Code Session, and HB 2730, enacted by the 87th Texas Legislature, section 21.0114(c), and the conveyance terms that a property Regular Session. This statement is not legal advice and is not a owner may negotiate under Property Code section 21.0114(d),is substitute for legal counsel. attached to this statement. 5 REV 1/22 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS ADDENDUM A: Required Terms for an Instrument Conveying a Pipeline Right-of-Way Easement or an Easement Related to Pipeline Appurtenances' (1) The maximum number of pipelines that may be installed in the right-of-way acquired through this instrument is (2) The types of pipeline appurtenances that are authorized to be installed under this instrument for pipeline-related appurtenances, such as pipes, valves, compressors, pumps, meters, pigging stations, dehydration facilities, electric facilities, communication facilities, and any other appurtenances that may be necessary or desirable in connection with a pipeline, are described as follows: (3) The maximum diameter, excluding any protective coating or wrapping. of each pipeline to be initially installed under this instrument for a pipeline right-of-way is (4) For each pipeline to be installed under this instrument, the type or category of substances permitted to be transported through each pipeline is (5) Any aboveground equipment or facility that Grantee? intends to install, maintain, or operate under this instrument on the surface of the pipeline easement is described as follows: (6) A description or llustration of the location of the easement, including a metes and bounds or centerline description, plat, or aerial or other map-based depiction of the location of the easement on the property, is attached as Exhibit (7) The maximum width of the easement under this instrument is (8) Fore each pipeline to be installed under this instrument, the minimum depth at which the pipeline will initially be installed is (9) The entity installing pipelinels) under this instrument: (check one) intends to double-ditch areas of the pipeline easement that are not installed by boring or horizontal directional drilling. does not intend to double-ditch areas of the pipeline easement that are not installed by boring or horizontal directional drilling. (10) Grantee shall provide written notice to Grantor3, at the last known address of the person in whose name the property is listed on the most recent tax roll of any taxing unit authorized to levy property taxes against the property, if and when Grantee assigns any interest conveyed under this instrument to another entity, provided that this provision does not require notice by Grantee for assignment to an affiliate or to a successor through merger, consolidation, or other sale or transfer of all or substantially all of its assets and businesses. (11) The easement rights conveyed by this instrument are, (check one) exclusive. nonexclusive. 1 The easement terms listed in this addendum may be amended, altered, or omitted by the agreement of the condemning authority and the landowner, pursuant to Sections 21.0114(d), (e), and (f) of the Texas Property Code. 2 Grantee'ist the private entity. as defined by Section 21.0114(a) of the Texas Property Code, that is acquiring the pipeline easement. 3 "Grantor" is the property owner from whom the Grantee is acquiring the pipeline easement. 6 REV 1/22 (12) Grantee may not grant to a third party access to the easement area for a purpose that is not related to one of the following: the construction, safety, repair, maintenance, inspection, replacement, operation, or removal of each pipeline to be installed under this instrument or of pipeline appurtenances to be installed under this nstrument. (13) Grantor: (check one) may recover from Grantee actual monetary damages, if any, arising from the construction and installation of each pipeline to be installed under this instrument. acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, arising from the construction and installation of each pipeline to be installed under this instrument. (14) After initial construction and nstallation of each pipeline installed under this instrument, Grantor: (check one) a may recover from Grantee actual monetary damages, if any, arising from the repair, maintenance, inspection, replacement, operation, or removal of each pipeline to be installed under this instrument. acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, arising from the repair, maintenance, inspection, eplacement, operation, or removal of each pipeline to be installed under this instrument. (15) Grantor: (check one) and Grantee agree, with regard to Grantee's removal, cutting, use, repair, and replacement of gates and fences that cross the easement or that will be used by Grantee under this instrument, that Grantee will access and secure the easement acquired under this instrument as follows: may recover from Grantee payment for monetary damages, if any, caused by Grantee to gates and fences, if any, to the extent that the gates or fences are not restored or paid for as part of the consideration paid for the instrument. acknowledges that the consideration paid fori the easement acquired underi this instrument includes monetary damages, if any, caused by Grantee to gates and fences. (16) W/ith regard to restoring the pipeline easement area acquired under this instrument and Grantor's remaining property used by Grantee to as near to original condition as is reasonably oracticable and maintaining the easement in a manner consistent with the purposes for which the easement is to be used under this instrument: (check one) D Grantee will be responsible for the restoration. Grantee will reimburse Grantor for monetary damages that arise from damage to the pipeline easement area or the Grantor's remaining property, if any, caused by the Grantee and not restored or paid for as part of the consideration for the instrument. D acknowledges that the consideration paid for the easement acquired underi this instrument includes monetary damages, if any, caused by Grantee to the pipeline easement area or the Grantor's s remaining property, (17) Grantee's rights of ingress, egress, entry. and access on, to, over, and across Grantor's property under this instrument are described as follows: (18) Grantee may not make use of the property rights acquired by this instrument, other than as provided by this instrument, without the express written consent of Grantor. (19) The terms of this instrument bind the heirs, successors, and assigns of Grantor and Grantee. 7 REV 1/22 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS ADDENDUM B: Required Terms for an Instrument Conveying an Electric Transmission Line Right-of-Way Easement (1) The uses of the surface of the property to be encumbered by the electric transmission line right-of-way easement acquired by Grantees under this instrument are generally described as follows: (2) A description or illustration of the location of the electric transmission line right-of-way easement, including a metes and bounds or centerline description, plat, or aerial or other map-based depiction of the location of the easement on the property, is attached as Exhibit 3) The maximum width of the electric transmission line ight-of-way easement acquired by this instrument is (4) Grantee will access the electric transmission line right-of-way easement acquired under this instrument in the following manner: (5) Grantee may not grant to a third party access to the electric transmission line right-of-way easement area for a purpose that is not related to the construction, safety, repair, maintenance, inspection, replacement, operation, or removal of the electric and appurtenant facilities installed under this instrument. (6) Grantors: (check one) may recover from Grantee actual monetary damages, if any, arising from the construction, operation, repair, maintenance, inspecton-replacement. andf Ifutureremoval of linesandsupport facilitiesafterinitialconstruction ini the easement, if any. acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, arising from the construction, operation, repair, maintenance, inspection, replacement, and future removal of lines and support facilities after initial construction in the easement. (7) Grantor: (check one) and Grantee agree, with regard to Grantee's removal, cutting, use, repair, and replacement of gates and fences that cross the easement or that will be used by Grantee under this instrument, that Grantee will access and secure the easement acquired under this instrument as follows: may recover from Grantee payment for monetary damages, if any, caused by Grantee to gates and fences, if any, to the extent that the gates or fences are not restored or paid for as part of the consideration paid for the instrument. acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to gates and fences. 4 The easement terms listed int this addendum may be amended, altered, or omitted by the agreement of the condemning authority and the landowner, pursuant to Sections 21.0114ld), (e), and (f) of the Texas Property Code. 5 "Grantee" is the private entity, as defined by Section 21.0114(a) of the Texas Property Code, that is acquiring the electric transmission line right-of-way easement. 0 "Grantor" is the property owner from whom the Grantee is acquiring the electric transmission line rght-ofwayeasement 8 REV 1/22 (8) Grantee shall restore the easement area and Grantor's remaining property to their original contours and grades, to the extent reasonablypracticable. unless Grantee's: safety or operational needs and the electric facilities located on the easement would be impaired. With regard to restoring the electric transmission line right-of-way easement area acquired under this instrument and Grantor's 's remaining property used by Grantee to as near to original condition as is reasonably practicable following future damages, ifa any, directly attributed to Grantee's use of the easement: (check one) L- Grantee will be responsible for the restoration, unless the safety or operational needs of Grantee and the electric facilities would be impaired. Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes future damages, if any, caused by Grantee to the easement area or the Grantor's remaining property. (9) The easement rights acquired under this instrument are: (check one) exclusive. nonexclusive. D otherwise limited under the terms of the instrument as follows: (10) Grantee may not assign Grantee's interest in the property rights acquired under this nstrument to an assignee that will not operate as a utility subject to the, jurisdiction of the Public Utility Commission of Texas or the Federal Energy Regulatory Commission without written notice to Grantor at the last known address of the person in whose name the property is listed on the most recent tax roll of any taxing unit authorized to levy property taxes against the property. (11) Grantee may not make use of the property rights acquired by thisi instrument, other than as provided by this instrument, without the express written consent of Grantor. (12) The terms of this instrument bind the heirs, successors, and assigns of Grantor and Grantee. 9 REV1/22 THE STATE OF TEXAS LANDOWNERS BILL OF RIGHTS ADDENDUM C: Optional Terms for an Instrument Conveying a Pipeline Right-of-Way Easement, an Easement Related to Pipeline Appurtenances, or an Electric Transmission Line Right-of-Way Easement? (1) With regard to the specific vegetation described as follows: Grantors: (check one): may recover from Grantee9 payment for monetary damages, ifa any, caused by Grantee to the vegetation. Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to the vegetation. (2) With regard to income loss from disruption of existing agricultural production or existing leases based on verifiable loss or lease payments caused by Grantee's use of the easement acquired under this instrument, Grantor: (check one) may recover from Grantee payment for monetary damages, if any, caused by Grantee to Grantor's income. Grantor acknowledges that the consideration paid for the easement acquired under this instrument includes monetary damages, if any, caused by Grantee to Grantor's income. (3) Grantee shall maintain commercial liability insurance or self-insurance at all times, including during Grantee's construction and operations on the easement, while Grantee uses the easement acquired under this nstrument. The insurance must insure Grantor against liability for personal injuries and property damage sustained by any person to the extent caused by the negligence of Grantee or Grantee's: agents or contractors and to the extent allowed by law. If Grantee maintains commercial liability insurance, it must be issued by an insurer authorized to issue liability insurance in the State of Texas. (4) If Grantee is subject to the electric transmission cost-of-service rate. jurisdiction of the Public Utility Commission of Texas or has a net worth of at least $25 million, Grantee shall maintain commercial liability insurance or self-insurance at levels approved by the Public Utility Commission of Texas in the entity's most recent transmission cost-of-service base rate proceeding. 7 Pursuant to Section: 21.0114(d) oft the Texas Property Code, in addition to the terms set forth in Addenda A and B. a property owner may negotiate for the inclusion of thet termsi in this Addendum ina any instrument conveying ane easement toa private entity, as defined by Section: 21.0114(a) of thel Texas Property Code. The easement terms listed in this addendum may be amended, altered, or omitted by the agreement of the condemning authority and the land- owner, pursuant to Sections 21.0114(d), (e), and (f) of the Texas Property Code. 8 "Grantor" is the property owner from whom the Grantee is acquiring the pipeline or electric transmission line right-of-way easement. 9 "Grantee" is the private entity, as defined by Section: 21.0114(a) of the Texas Property Code, that is acquiring the easement. 10 REV 1/22 WHEN A PUBLIC AGENCY U.S. Department of Housing ACQUIRES YOUR PROPERTY and Urban Development Office of Community Planning and Development w.nudgovrelocation Introduction This booklet describes important features of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) and provides general information about public acquisition of real property (real estate) that should be useful to you. Most acquisitions of real property by a public agency for a Federal project or a project in which Federal funds are used are covered by the URA. If you are notified that your property will be acquired for such a project, it is important that you learn your rights under this important law. This booklet may not answer all of your questions. If you have more questions about the acquisition of your property, contact the Agency responsible for the project. (Check the back of this booklet for the name of the person to contact at the Agency.) Ask your questions before you sell your property. Afterwards, it may be too late. General Questions What Right Has Any Public Agency To Acquire My Property? The Federal Government and every State government have certain powers which are necessary for them to operate effectively. For example, they have the power to levy taxes and the power to maintain order. Another government power is the power to acquire private property for public purposes. This is known as the power of eminent domain. The rights of each of us are protected, however, by the Fifth and Fourteenth Amendments of the U.S. Constitution and by State constitutions and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. The URA provides additional protections, as explained in this booklet. Who Made The Decision To Buy My Property? The decision to acquire a property for a public project usually involves many persons and many determinations. The final determination to proceed with the project is made only after a thorough review which may include public hearings to obtain the views of interested citizens. If you have any questions about the project or the selection of your property for acquisition, you should ask a representative of the Agency which is responsible for the project. Previous Edition Obsolete 1 HUD-1041-CPD (3/2005) How Will The Agency Determine How Much To Offer Me For My Property? Before making you an offer, the Agency will obtain at least one appraisal of your property by a competent real property appraiser who is familiar with local property values. The appraiser will inspect your property and prepare a report that includes his or her professional opinion of its current fair market value. After the appraiser has completed his work, a review appraiser will examine the appraisal report to assure that the estimate is fair and the work conforms with professional appraisal standards. The Agency must offer you "just compensation" for your property. This amount cannot be less than the appraised fair market value of the property. "Just compensation" for your property does not take into account your relocation needs. If you are eligible for relocation assistance, it will be additional. What Is Fair Market Value? Fair market value is sometimes defined as that amount of money which would probably be paid for a property in a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. In some areas a different term or definition may be used. The fair market value of a property is generally considered to be just compensation. Fair market value does not take into account intangible elements such as sentimental value, good will, business profits, or any special value that your property may have for you or for the Agency. How Does An Appraiser Determine The Fair Market Value Of My Property? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: How it compares with similar properties in the area that have been sold recently. How much rental income it could produce. How much it would cost to reproduce the buildings and other structures, less any depreciation. Will I Have A Chance To Talk To The Appraiser? Yes. You will be contacted and given the opportunity to accompany the appraiser on his or her inspection of your property. You may then inform the appraiser of any special features which you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property represent you. Previous Edition Obsolete 2 HUD-1041-CPD (3/2005) How Soon Will I Receive A Written Purchase Offer? Generally, this will depend on the amount of work required to appraise your property. In the case of a typical single-family house, it is usually possible to make a written purchase offer within 45 to 60 days of the date an appraiser is selected to appraise the property. Promptly after the appraisal has been reviewed (and any necessary corrections obtained), the Agency will determine just compensation and give you a written purchase offer in that amount along with a "summary statement," explaining the basis for the offer. No negotiations are to take place before you receive the written purchase offer and summary statement. What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation? The summary statement of the basis for the offer of just compensation will include: An accurate description of the property and the interest in the property to be acquired. A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the compensation for the part to be acquired and the compensation for damages, if any, to the remaining part will be separately stated.) A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in the property not owned by you and not covered by the offer (e.g., a tenant-owned improvement), it will be sO identified.) Must I Accept The Agency's Offer? No. You are entitled to present your evidence as to the amount you believe is the fair market value of your property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider your evidence and suggestions. When fully justified by the available evidence of value, the offer price will be increased. May Someone Represent Me During Negotiations? Yes. If you would like an attorney or anyone else to represent you during negotiations, please inform the Agency. However, the URA does not require the Agency to pay the costs of such representation. If I Reach Agreement With The Agency, How Soon Will I Be Paid? If you reach a satisfactory agreement to sell your property and your ownership (title to the property) is clear, payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after you sign a purchase contract. If the Previous Edition Obsolete 3 HUD-1041-CPD (3/2005) title evidence obtained by the Agency indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and other instruments affecting your ownership of the property.) What Happens If 1 - Don't Agree To The Agency's Purchase Offer? If you are unable to reach an agreement through negotiations, the Agency may file a suit in court to acquire your property through an eminent domain proceeding. Eminent domain proceedings are often called condemnations. If your property is to be acquired by condemnation, the Agency will file the condemnation suit without unreasonable delay. An Agency may also decide not to buy your property, if it cannot reach agreement on a price, and find another property to buy instead. What Happens After The Agency Condemns My Property? You will be notified of the action. Condemnation procedures vary, and the Agency will explain the procedures which apply in your case. Generally, when an Agency files a condemnation suit, it must deposit with the court (or in an escrow account) an amount not less than its appraisal of the fair market value of the property. You should be able to withdraw this amount, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property. During the condemnation proceeding, you will be provided an opportunity to introduce your evidence as to the value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties, the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the Agency, you will be paid the difference, plus any interest that may be provided by law. To help you in presenting your case in a condemnation proceeding, you may wish to employ an attorney and an appraiser. However, in most cases the costs of these professional services and other costs which an owner incurs in presenting his or her case to the court must be paid by the owner. What Can I Do If - Am Not Satisfied With The Court's Determination? If you are not satisfied with the court judgment, you may file an appeal with the appropriate appellate court for the area in which your property is located. If you are considering an appeal, you should check on the applicable time limit for filing the appeal and consult with your attorney on whether you have a basis for the appeal. The Agency may also file an appeal if it believes the amount of the judgment is too high. Previous Edition Obsolete 4 HUD-1041-CPD (3/2005) Will I Have To Pay Any Closing Costs? You will be responsible for the payment of the balance on any mortgage and other liens on your property. Also, if your ownership is not clear, you may have to pay the cost of clearing it. But the Agency is responsible for all reasonable and necessary costs for: Typical legal and other services required to complete the sale, recording fees, revenue stamps, transfer taxes and any similar expenses which are incidental to transferring ownership to the Agency. Penalty costs and other charges related to prepayment of any recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period beginning on the date the Agency acquires your property. Whenever possible, the Agency will make arrangements to pay these costs directly. If you must incur any of these expenses yourself, you will be repaid--usually at the time of closing. If you later discover other costs for which you should be repaid, you should request repayment from the Agency immediately. The Agency will assist you in filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency. May I Keep Any Of The Buildings Or Other Improvements On My Property? Very often, many or all of the improvements on the property are not required by the Agency. This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the Agency know as soon as possible. If you do arrange to keep any improvement, the Agency will deduct only its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) Of course, if you arrange to keep any real property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a new location. Can The Agency Take Only A Part Of My Property? Yes. But if the purchase of only a part of your property reduces the value of the remaining part(s), you will be paid for the loss in value. Also, if any remaining part would have little or no utility or value to you, the Agency will offer to buy that remaining part from you. Occasionally, a public project will increase the value of the part which is not acquired by the Agency. Under some eminent domain laws, the amount of such increase in value is deducted from the purchase payment the owner would otherwise receive. Previous Edition Obsolete 5 HUD-1041-CPD (3/2005) Will I Have To Pay Rent To The Agency After My Property Is Acquired? If you remain on the property after the acquisition, you may be required to pay a fair rent to the Agency. Such rent will not exceed that charged for the use of comparable properties in the area. How Soon Must I Move? If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for your property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. If you reach a voluntary agreement to sell your property, you will not be required to move before you receive the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court sO that you can withdraw your share. If you are being displaced from your home, you will not be required to move before a comparable replacement home is available to you. Will I Receive Relocation Assistance? Title II of the URA requires that certain relocation payments and other assistance must be provided to families, individuals, businesses, farms, and nonprofit organizations when they are displaced or their personal property must be moved as a result of a project that is covered by the URA. The Agency will furnish you a full explanation of any relocation assistance to which you may be entitled. If you have any questions about such assistance, please contact the Agency. In order for the Agency to fulfill its relocation obligations to you, you must keep the Agency informed of your plans. My Property Is Worth More Now. Must I Pay Capital Gains Tax On The Increase? Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would apply to a gain or loss resulting from the sale or condemnation of real property, or its sale under the threat of condemnation, for public purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office. I'm A Veteran. How About My VA Loan? After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase another property. Check on such arrangements with your nearest Veterans Administration Office. Previous Edition Obsolete 6 HUD-1041-CPD (3/2005) Is It Possible To Donate Property? Yes. You may donate your property or sell it to the Agency for less than its fair market value. The Agency must obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from these obligations. Additional Information If you have any questions after reading this booklet, contact the Agency and discuss your concerns with the Agency representative. Agency: City of Laredo Address: 1301 Farragut Office Hours: :00a.m.-5:00p.m. Telephone Number: 956-795-5706 Person to Contact: Norma Martinez Previous Edition Obsolete 7 HUD-1041-CPD (3/2005) BLAS MARIA DIAS a PORGION NO.9, 0 ABSTRAGT NO.41 $: TOMAS SANCHES 212. 98 PORGION NO.10, 9,277,329 A-s: & o ABSTRACT NO.280 D-2 TOHAFSANGHIS 9 * A 17-49" & F PORCION NO. 11, D-3 55 e % ABSTRACT NO. 279 3 FG PABGF TYPE 11 PARENT TRAÇT INSET PARÇEL b (N.T.S.) D D-3 03 FOUR TRACT IVE RESIDUE ogu 1 & . Shs VOL . 1 - TRUST INC. vol RODS PEe" 593 SURVEYING, 6, $36, ase "e Vohr 6810 LEE ROAD SPRING, TEXAS 77379 - 79 3 VC 966 " 5 TEL (281) 257-4020 FAX (281) 257-4021 TBPLS FIRM REGISTRATION # 10030700 a - E PARCEL PLAT SHOWING PARCEL P00067424 CS HACHAR-REUTHINGER HIGHWAY) RCSJ 0922-33-219 PROJECT NO. R00011099 PAGE 17 OF 32 FEBRUARY 2023 LAREDO - & WEBB COUNTY I AREA METROPOLITAN PLANNING ORGANIZATION Item IV.[ D. Discussion with possible action on Resolution No. MPO 2023-04 prioritizing the construction of Hachar-Reuthinger Road and supporting TxDOTsallocation of Category 2 funds in the amount of $26.5 million, and Category 4U funds in the amount of $17.9 million to CSJ 0922-33-165 and CSJ 0922-33-166 for the 2024 Unified Transportation Program (UTP). Allocation of Category 4U funds is contingent upon Texas Transportation Commission Minute Order Approval to designate Hachar Reuthinger as a State Highway. In addition, TxDOT-Laredo district will allocate $ 2.2 million of other funding categories to completely fund the project estimated at $ 146.6 million. RESOLUTION NO. MPO 2023-04 BY THE LAREDO WEBB COUNTY AREA METROPOLITAN PLANNING ORGANIZATION POLICY COMMITTEE PRIORITIZING THE CONSTRUCTION OF HACHAR-REUTHINGER ROAD AND SUPPORTING THE ALLOCATION OF CATEGORY 2 AND 4U FUNDS WHEREAS, the Laredo Webb County Area Metropolitan Planning Organization (LWCAMPO), is the designated Metropolitan Planning Organization, for the Laredo Orbanized Area; and, WHEREAS, LWCAMPO is the entity for cooperative decision making regarding regional transportation issues in Laredo and Webb County; and, WHEREAS, the Texas Department of Transportation (TxDOT) is a valuable partner in planning for and implementing the region' 's mobility needs; and WHEREAS, the Hachar-Reuthinger Road project entails constructing a new four-lane divided highway, extending approximately 8.4 miles and connecting FM1472 (Mines Road) to IH-35; and WHEREAS, the Hachar-Reuthinger Road project is important for regional mobility and will alleviate congestion along FM1472 by providing an alternate route to access IH-35; and WHEREAS, TxDOT proposes to allocate $26.5 million in Category 2 funds, $17.9 million in Category 4U funds, and $2.2 million in other funding categories to the Hachar-Reuthinger Road project. NOW THEREFORE BE IT RESOLVED, that the Laredo Webb County Area Metropolitan Planning Organization (LWCAMPO) prioritizes the construction of Hachar-Reuthinger Road and supports the allocation of Category 2 and 4U funds for the Hachar-Reuthinger Road project. We certify that the above resolution was adopted on March 22, 2023, at a public meeting of the Policy Committee of the Laredo Webb County Area Metropolitan Planning Organization (LWCAMPO). Honorable Dr. Victor D. Trevino Mayor of Laredo and Chairperson of the MPO Policy Committee Juan S. Mendive, AICP Epigmenio "Epi" Gonzalez, P.E. MPO Director TxDOT, District Engineer LAREDO - & WEBB COUNTY I AREA METROPOLITAN PLANNING ORGANIZATION Item IV.E. Discussion with possible action on the coordination and strategy related to sending a delegation of MPO Policy Committee members to future Texas Transportation Commission public meetings, and any other matters incident thereto. LAREDO - & WEBB COUNTY I AREA METROPOLITAN PLANNING ORGANIZATION Item IV.F. Presentation and discussion with possible action to enter into a non-financial partnership agreement with the Rio Grande International Study Center (RGISC) and provide a Letter of Commitment for the submission of their grant application to the EPA's Environmental Justice Collaborative Problem Solving (EJCPS) Program, for a project to potentially focus on reducing heat island effects, the installation of air quality monitors, or similar scopes of effort that benefit downtown Laredo. Presentation to be provided by a representative from RGISC). Partnership Opportunity: Environmental Justice RioGrande International Study Center RGISC Collaborative Problem-Solving Cooperative Program e Laredo MPO Policy Committee Meeting March 22, 2023 PROTECT Presenter: Rio Grande Internationa Study Center Environmental Justice Collaborative Problem-Solving Cooperative Program (U.S. EPA) Provides financial assistance to eligible organizations working to significantly address local environmental or public health issues in their communities. Focus on communities aisproportionately burdened by environmental harms/risks. Purpose: Build collaborative partnerships with other stakeholders to develop solutions to these issues at the community level that cannot be addressed by one single entity or group. EJ-CPS Program Facts: Approximately $30 million available in funding for FY23 50 projects to be selected nationally for up to $500,000 each Period to complete project: 3 years Application deadline: April 10, 2023 Applicants notified: September 2023 Start date: October 1, 2023 Eligible Candidates: Community Based Non-Profit Organizations & Tribes Minimum of 3 partnering organizations required for application FarasuRsI E E HdEloo Sl idia Vr ogle Ear 1985 ImageryDate: 12/15/2020 0 057010 99. 5030610 elev 416f ft. ye alt 971ft RGISC Laredo Proposal: GOALS 1. BRIDGE DATA GAPS: Install Air Quality Monitors next to the port of entry 2. CLIMATE MITIGATION: Carbon Sequestration & Urban Heat Island Effect via tree canopy 3. WALKABILITY: Improve Connectivity between neighborhoods and downtown through the Blvd of the Americas plazas via improvements to the N side of Hidalgo St. (east, west) *Tentative: Install green infrastructure (i.e. bioswales) for stormwater runoff filtration Eligible Project Activities (Laredo proposal) Research Public Education/Outreach Small-Scale Construction Mitigation of Sources of Pollution Installation of Runoff Filtration Systems Community Revitalization Planning supporting Climate Resiliency Improve mobility for Walking & Biking Improve Neighborhood Connectivity with Downtown Laredo EJ-CPS Project Proposal Non-commercial vehicles crossings at Bridge II north-south: 28,000/day 10.2 million/year TCEQ air quality monitor at the Laredo Bridge deactivated for CO in 2017 and PM 2.5 in 2002 Laredo MPO Request: Partnership & Letter of Commitment Collaborative partnership agreement Partnership can be Financial or Non-Financial Letter of Commitment should outline terms of partnership (i.e. roles and responsibilities) Partnership Requests (Laredo Proposal) 1. Tax Increment Reinvestment Zone (TIRZ) 2. City of Laredo 3. Metropolitan Planning Organization (MPO) 4. Able City 5. Azteca Economic Development & Preservation Corporation LAREDO - & WEBB COUNTY I AREA METROPOLITAN PLANNING ORGANIZATION Item V.A. Status report by the Regional Mobility Authority (RMA). Regional Mobility Authority (RMA) Status Report 1. FM 1472 and Killam Industrial Blvd. Turn Lanes - The commencement of work at Killam Industrial Blvd. at FM 1472 occurred in early May 2022. Construction of the pavement widening components is complete. Construction of the traffic signal is also complete. The traffic signal is fully operational and traffic is now utilizing the new turn lanes on FM 1472 and Killam Industrial Blvd. The main outstanding components are the sidewalk along Killam Industrial Blvd., the retaining wall at the NE corner of Killam Industrial Blvd. and FM 1472 and the driveway off of Killam Industrial Blvd. Project is 90% complete and substantial completion is scheduled for late March. 2. Los Presidentes (Cuatro Vientos to Brownwood) - Traffic is now operating on the project. The final outstanding items are the lighting and irrigation. Project is 99+% Complete. 3. Loop 20 South (Cuatro Vientos) Acceleration/ Deceleration Lane Project - Traffic is now operating on the project. The final outstanding items are the lighting and irrigation. Project is 99+% Complete. 4. Springfield Phase III - Final walkthrough of the project occurred on 12/9/22. The Shiloh Traffic Signal is scheduled for completion by the week of the 24th of March. The lighting is scheduled for completion by the end of March. Project is 95% Complete. 5. Webb County Fair Grounds TIA = The TIA report is complete. The WC-CL RMA stands ready to provide a presentation to the County at their request. 6. River Road Corridor Study = The traffic analysis, cost estimating and report development is ongoing. Total duration of the study is 12 months. Completion of the study is anticipated in June 2023. 7. Safe Streets and Roads for All (SS4A) Grant - In partnership with the MPO and the City of Laredo, the RMA developed a $2M grant application to develop an action to prevent roadway deaths and serious injuries. On the 30th of January, the RMA was informed by US Congressman Cuellar's Office that the grant was approved for $1.6M. A formal announcement by Congressman Cuellar was conducted at City Hall on 2/21/23. The RMA is awaiting the Draft Grant Agreement between the FHWA and the WC-CL RMA. The Study effort is anticipated to commence in September 2023. 8. Vallecillo Road - In the August MPO Policy Committee meeting, funding for construction of the project was concluded. Subsequent to the dedication of $16.5M dollars of Category 7 funds from the MPO, US Congressman Henry Cuellar has pledged $3M of federal earmark funds. These monies are in addition to the $16.24M dedicated to the project by the RMA, City of Laredo and the Killam Company. Congressman Cuellar had a joint press conference with the City and State officials to announce the funding of the 1 project. Approval of the $3M funds were included as part of the Omnibus Bill that was approved by Congress at the end of December 2022. The RMA received the draft AFA from TxDOT on 3/2/23. The RMA is completing its review of the AFA and is returning to TxDOT on the week of the 17th of March. 9. Concord Hills (Wormser Road/Lomas Del Sur to Los Presidentes) = Similar to the Los Presidentes project, the WC-CL RMA will sponsor and lead the design and construction of a new location 1.3 mile, 2-lane minor arterial roadway extension from Los Presidentes to Wormser Road/ Lomas Del Sur within a nominal ROW width of 90' in partnership with the City of Laredo. The WC-CL RMA has committed $1 million to the development of the project. The project will provide a parallel route to Cuatro Vientos and provide additional access to the new Laredo Sports Complex and the Municipal Water Park. The sponsorship and implementation are subject to the negotiation of an Inter Local Agreement between the City of Laredo and the WC-CL RMA. The WC-CL RMA is submitting the paperwork to TxDOT for the AFA development on the week of the 16th of March. 10. Springfield Phase I, II, and IV - Similar to Springfield Phase III, the WC-CL RMA has committed up to $1 million to the City of Laredo to assist with the funding of the construction of the next Phase of the project. The sponsorship and implementation are subject to the negotiation of an Inter Local Agreement between the City of Laredo and the WC-CL RMA. The WC-CL RMA is submitting the paperwork to TxDOT for the AFA development on the week of the 16th of March. Other Items: The next WC-CL RMA Board of Directors meeting is March, 2023. 2 LAREDO - & WEBB COUNTY I AREA METROPOLITAN PLANNING ORGANIZATION Item VI. Director's Comments LAREDO WEBB WY & COUNTY & AREA METROPOLITAN PLANNING ORGANIZATION Director's Report March 22, 2023 1. Policy Committee membership update: We would like to welcome Melissa R. Cigarroa, City of Laredo Council Member for District III, to the MPO Policy Committee. Council Member Melissa R. Cigarroa was appointed by Mayor Dr. Victor D. Trevino at the City of Laredo Council Meeting on February 21, 2023. 2. Attendance at the American Planning Association (APA) National Planning Conference in Philadelphia, PA from April 1st-April 4th, 2023. 3. Upcoming regularly scheduled meetings: Active Transportation Committee = March 29, 2023 Technical Committee - April 11, 2023 Policy Committee April 19, 2023 LAREDO - & WEBB COUNTY I AREA METROPOLITAN PLANNING ORGANIZATION Item VII. A. Request for Executive Session regarding personnel matters pursuant to Texas Government Code Section 551.074 to establish an annual salary amount for the full-time MPO Director, return to open session for possible action, and any other matters incident thereto. Source: Excerpt from 2017 U.S. Department of Transportation Federal Highway Administration publication titled MPOStaffing and Organizationa!: Structures. Link to full publication: htps//wwwplamningdotgpv/Cocumems/MPOSatmgamd.ond.OrgStructurespdr Table 6-12 MPO Director Pay Ranges by MPO Population Planning Area Population Mean Minimum Mean Maximum All MPOS $84,609 $114,026 Less than 100,000 $75,158 $93,612 100,000-200,000 $78,016 $102,070 200,000-500,000 $81,705 $114,780 500,000-1,000,000 $95,333 $131,542 1,000,000 and over $114,563 $154,656 The strongest predictor of MPO director salary is the size of the MPO staff. Table 6-13 summarizes the pay of directors at MPOS by the number of total employees. Directors with more than twenty employees receive the highest compensation. Table 6-13 MPO Director. Pay Ranges by MPO Staff Size Staff Size Mean Minimum Mean Maximum All MPOs $84,609 $114,026 3 or less $73,893 $91,523 4 to 9 $80,745 $107,802 10 to 20 $95,473 $131,019 20 or more $107,609 $150,957 Senior Managers Senior managers were defined as individuals who direct major components of the MPO operation and supervise multiple employees. Over 70 percent of MPOS reported at least one senior manager, and most could respond with salary information for those positions. Senior managers earn substantially less than the MPO director, but some top senior managers earn six- figure incomes. Among all MPOs, senior managers earn an average minimum salary of $64,508 and an average maximum of $90,887. As with MPO directors, salaries are higher at MPOS with larger populations, large staff sizes, and an independent staffing structure. Table 6-14 shows the descriptive statistics of the reported values for Senior Managers. 6-11 LAREDO - & WEBB COUNTY I AREA METROPOLITAN PLANNING ORGANIZATION Item VIII. ADJOURNMENT