Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 1 of 28 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS MCALLEN DIVISION UNITED STATES OF AMERICA, § § Plaintiff, § § v. § CASE NO. 7:18-CV-329 § 65.791 ACRES OF LAND, MORE OR § LESS, SITUATE IN HIDALGO COUNTY, § STATE OF TEXAS; AND THE ROMAN § CATHOLIC DIOCESE OF § BROWNSVILLE, TEXAS, ACTING BY § AND THROUGH ITS BISHOP, THE § MOST REVEREND DANIEL E. FLORES, § AS BISHOP OF THE ROMAN CATHOLIC § DIOCESE OF BROWNSVILLE, AND FOR § HIS SUCCESSORS IN OFFICE, ET AL., § § Defendants. § ______________________________________________________________________________ COMPLAINT IN CONDEMNATION ______________________________________________________________________________ 1. This is a civil action brought by the United States of America at the request of the Secretary of the Department of Homeland Security, through the Acquisition Program Manager, Wall Program Management Office, U.S. Border Patrol Management Office Directorate, U.S. Border Patrol, U.S. Customs and Border Protection, Department of Homeland Security, for the taking of property under the power of eminent domain through a Declaration of Taking, and for the determination and award of just compensation to the owners and parties in interest. 2. The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.§ 3. The interest in property taken herein is under and in accordance with the authority 1358. set forth in Schedule “A.” 4. The public purpose for which said interest in property is taken is set forth in Page 1 of 3 ROE Complaint Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 2 of 28 Schedule “B.” 5. The legal description and map or plat of land in which certain interests are being acquired by the filing of this Complaint, pursuant to the Declaration of Taking, are set forth in Schedules “C” and “D.” 6. The interest being acquired in the property described in Schedules “C” and “D” is set forth in Schedule “E.” 7. The amount of just compensation estimated for the property interest being acquired is set forth in Schedule “F.” 8. The names and addresses of known parties having or claiming an interest in said acquired property are set forth in Schedule “G.” 9. Local and state taxing authorities may have or claim an interest in the property by reason of taxes and assessments due and eligible. WHEREFORE, Plaintiff requests judgment that the interest described in Schedule “E” of the property described in Schedules “C” and “D” be condemned, and that just compensation for the taking of said interest be ascertained and awarded, and for such other relief as may be lawful and proper. Respectfully submitted, RYAN K. PATRICK United States Attorney Southern District of Texas By: s/John A. Smith, III___________ JOHN A. SMITH, III Assistant United States Attorney Southern District of Texas No. 8638 Texas Bar No. 18627450 One Shoreline Plaza North Shoreline Blvd., Suite 500 Corpus Christi, Texas 78401 Telephone: (361) 888-3111 Page 2 of 3 ROE Complaint Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 3 of 28 Facsimile: (361) 888-3234 E-mail: jsmith112@usdoj.gov Attorney in Charge for Plaintiff And MEGAN EYES Assistant United States Attorney Southern District of Texas No. 3135118 Florida Bar No. 0105888 1701 W. Bus. Hwy. 83, Suite 600 McAllen, TX 78526 Telephone: (956) 548-2554 Facsimile: (956) 548-2776 E-mail: Megan.Eyes@usdoj.gov Attorney for Plaintiff Page 3 of 3 ROE Complaint Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 4 of 28 SCHEDULE Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 5 of 28 SCHEDULE A AUTHORITY FOR THE TAKING The property is taken under and in accordance with 40 U.S.C. $$ 3113 and 3114, which authorize the condemnation of land and the filing of a Declaration of Taking; the Act of Congress approved September 30, 1996, as Public Law 104-208, Division C, Section 102, 110 Stat. 3009-546,3009-554, as amended and codified at 8 U.S.C. g 1103(b) & note; and the Act ofCongress approved March 23, 2018, as Public Law 115-141, div. F, tit. II, 132 Stat. 348, which appropriated the funds which shall be used for the taking. Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 6 of 28 SCHEDULE Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 7 of 28 SCHEDULE B PUBLIC PURPOSE The public purpose for which said property is taken is to conduct surveying, testing, and other investigatory work needed to plan the proposed construction of roads, fencing, vehicle barriers, security lighting, cameras, sensors, and related structues designed to help secure the United States,Mexico border within the State of Texas. Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 8 of 28 SCHEDULE Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 9 of 28 SCHEDULE C LEGAL DESCRIPTION Hidalgo County, Texas Tract: RGV-MCS-2212 Owner: ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, TEXAS, ACTING By AND THROUGH ITS BISHOP, THE MOST REVEREND DANIEL E. FLORES, AS BISHOP OF THE ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, AND FOR HIS SUCESSORS IN OFFICE. et al. Acreage: 4.781 As identified in the Warranty Deed, Document #: 1999-814019, recorded on October 12, 1999, in the Deed Records of Hidalgo County: EGINNING at a 3-inch steel pipe with nail found in the northwest boundary line of the 300-acre reserve and being the west comer ofa 35.81-acre tract as recorded in Volume l2l4,Page 1014, Deed Records, said 3-inch steel pipe alsobeing inthe southwest line of the Intemational Bomdary and Water C,ommission (IBWC) River Levee as recorded in Volume 488, Page 636, Deed Records; B Thence, departing said northwest boundary line with the southwestboundary line ofthe said 35.81-acre tract and IBWC River Levee, same being the northeast boundary line hereof, S. 01' 57' 36" W., 109.56feet to a 3-inch seel pipe with nail found for an angle point; Thence, containing along said bor.urdary lines, S. 15'03' 15" 8., l38.90feet to a 3-inchsteel pipe with nail found for an anglepoint; Thence, continuing along said boundary lines, 5.74" 56' 45" W.,40.D feet to a %-inch$eel rod st for an angle point; Thence, continuing along said boundary lines, S. 15" 11'20'E.. 183.69feet Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 10 of 28 to a %-inchseel rod set atthe northemmost comer ofthe U.SA. Tiact 332a. as recorded in Volume 2825, Page I 16, Deed Records; Thence, departing said suthwest boundary line with the northwest boundary line of said Tiact 3324 S. 60" 28' 10" W., 111.88 feet to aunited States Fish and Wildlife Service (USFWS) aluminum monument found for a comer; Thence, continuing along the said northwest boundary line, N. 29.3 to a 1' 50" W., I 1000 feet USFWS aluminum monument found for a oorner; Thene, ontinuing along the said northwest boundary line, S.60"28' 10" W.. 85.00 feet to a USFWS aluminum monument found for a corner; Thence, continuing along the said northwe$ boundary line, S.29' 31' 50" E., 40.00 feet to a USFWS aluminum monument found for a comer; Thence, continuing along the said northwest boundary line, S.60' 28' 10" Wto a 7:inch steel rod set for a 120.00 feet corner; Thence, continuing along the said northwest boundary line, N.29'31'50" W., 70.00 feet to aUSFWS aluminum monument found fora oomer; Thence, ontinuing along the said northwest boundary line, S. 60' 27' 07" W ..272.9 feet Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 11 of 28 to a Trinch $eel rod set at ttte south comer ofthe tract herein described: Thence, departing said northwest boundary line oftract 332a with the southwestboundary line of the tract herein described, N. 29" 32'53" W.,255.91 feet to a Trinch steel rod setin the northwest boundary line ofthe said 300-acre reserve for the west comer ofthe tract herein described; Thence, alongthe saidnorthwest boundary line, N.60" 28' 10" E.-765.72feet tothe POINT OF BEGINNING and containing 4.781 acres of land, more or less. Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 12 of 28 SCHEDULE Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 13 of 28 SCHEDULE D MAP or PLAT RGV Sector/ Hidalgo County Catholic Diocese Of Brownsville Legend Hidalgo County, Texas �.::":":.-:-..;,:_... :ar....v-----=:.:: 5.nf".:u.a �.:=-:."".:." OOllril!'l.:Ott LAND TO BE CONDEMNED Tract: RGV-MCS-2212 Owner: ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, TEXAS, ACTING BY AND THROUGH ITS BISHOP, THE MOST REVEREND DANIEL E. FLORES, AS BISHOP OF THE ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, AND FOR HIS SUCESSORS IN OFFICE, et al. Acreage: 4.781 * The case caption identifies acreage for the entire parent tract; Access to the entire parent tract may be necessary to complete a survey of the proposed tract outlined in red on the map above. Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 14 of 28 SCHEDULE Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 15 of 28 SCHEDULE C LEGAL DESCRIPTION Hidalgo County, Texas Tract: RGV-MCS-2217 Owner: ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, TEXAS, ACTING BY AND THROUGH ITS BISHOP, THE MOST REVEREND DANIEL E. FLORES, AS BISHOP OF THE ROMAN CATHOLIC DIOCESE OF BROWNSVILLE. AND FOR HIS SUCESSORS IN OFFICE. et al. Acreage:61.01 As identified in the Warranty Deed, Document#: 1999-814019, recorded on October 12, 1999, in the Deed Records of Hidalgo County and identified in Warranty Deed, Document #: 2011-2219429, recorded on July 1, 2011, in the Deed Records of Hidalgo County. BEGINNING at a Yr:tnch $eel rod set in the southwest right-of-way (R.O.W.) line of FM 494 for the eaS corner of this tract and the north corner of a 72.95acre tract recorded in Volume 1214,Page 1014, Deed Records, Hidalgo County, Toras; Thence, departing said southwest R.O.W. line, with the northwest boundary line of the 72.95 acre tract, S.55" 58 30" W., 823.58 feet to a t/rinch steel rod st for an angle point; Thence, continuing along said northwest boundary line, S.57" l8'38'W., 897.67 feet to a Yrinch steel rod set at the west corner of the said 72.95 acre tract and being in the northea$ boundary line of USA. Tract (326C) as recorded in Volume 1510, Page 87, Deed Records, same being the southwest line of the International Boundary andWater Commission (IBWC) River Levee as recorded inVolume 488, Page 636, Deed Records; Thence, along the southwest line of the IBWC River Levee. the northeast boundary line of U.SA. Tract (326C), N. 30" 31'34" W., 320.68feet Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 16 of 28 to a 7=inch steel rod set for an angle point; Thence, continuing along said boundary lines, N. 29" 38'34" V/.,369.00 feet to a 3-inch *eel pipe with nail found for an angle point; Thence, continuing along said boundary lines, S.60" 2 1'26"W., 125.00 feet To a 7=inch steel rod set for an angle point; Thence, continuing along said boundary lines, N. 30" 23'34" W., 496.50 feet to a 7=inch steel rod set for an angle point; Thence, continuing along said boundary lines, N. 58" 20' 47"E., D4.64 feet to a 7-inch steel rod set for an angle point; Thence, continuing along said boundary lines, N. 31" 22'46" W., 400.00 feet to al/zfirrch steel rod set for an angle point; Thence, continuing along said boundary lines, N. 22" to a 7=inch $eel rod sef y' 46" W ., 457.2O feet for an angle point; Thence, continuing along said boundar5r lines, N. 21" 0l'46, W., to a 733.80 feet 3-inch steel pipe withnail found for an angle point; Thence, continuing along said boundary lines, Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 17 of 28 N. 14" 16'57"W.,222.67 feet to a Yz nch steel rod set for the west comer of the tract herein described, same being the north comer of IJ.SA. Tract (326C), and the south corner of a 35.8l-acre tract as recorded inVolume Dl4, Page 1014, Deed Records; Thence, along the southeast boundary line of the 35.81 acre tract, N. 79" 32', t0" E., t966.24 feet toa Y-inch $eel rod set in the southwest R.O.W. lineofF.M.494 for the north corner of the tract herein described, same being the east comer of the said 35.81-acre tract; Thence, along the southwest R.O.W. line of FM 494, 5.29" 42' 39" E., 157.A feet to a t/-inch sleel rod found at the point of curvature of a curve to the left having a central angle of 18P 51' 46", a radius of 372.4O, and atangent of 61.86 feet; Thence, continuing along the sourhwest R.O.W. line of F.M. 494 and the arc of said curve to the left, D2.@ feet to a '/-inch steel rod set for the point of tangency; Thence, continuing along the southwest R.O.W. line of F.M. 494, 5.29" 42'39" E., 7853 feet to a t/z-inch steel rod found at the point of curvature of a curve to the left having a central angle of04" 44'23", aradius of 5779.58 feet, and a tangent of 239.19 feet; Thence, continuing along the southwest R.O.W. line of FM. 494 and the arc of said curve to the left, 478.11 feet to a l/u-inch $eel rod set for the point of tangency; Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 18 of 28 Thence, continuing along the suthwest R.O.W. line of F.M. 494, s.34" 27',02" 8., 1,563.00 feet to the POINT OF BEGINNNGand containing 100.900 acres of land, more or less. EXCEPTING A 39.89-acre tract of land situated in Porcion Number 56 and Porcion Number 57, City of Mission, Hidalgo County, Texas, said 39.89-acre tract being part of that called 100.900-acre tract of land known as Tract I described in Special Warranty Deed to Catholic Diocese of Brownsville as recorded in Document Number 814019 of the Deed Records of Hidalgo County, Texas (D.R.H.C.T.), said 39.89-acre tract being more particularly descri bed as follows: BEGINNING at a Yz-ntch iron rod set with yellow plastic cap stamped "HALFF ASSOC." (hereinafter referred toas "with cap") for the North corner of herein described 39.89-acre tract, said point being the intersection of the Southeast line of a tract of land described in Special Warranty Deed to Hunt Valley Industrial I, L.P. as recorded in Document Number 1 153789, Deed Records Hidalgo County, Texas, (previously described asacalled 35.81-acre tract of land described inDeed toAllan Shivers as recorded in Volume l214,Page 1014,Deed Records Hidalgo County, Texas, wi th the common Northeast line ofthe aforementioned 1 00.9OOacre tract and the Southwest right-of-way line of F.M. 494 (a 1O0-foot wide right-of-way), fiom which point a 5/8-inch iron rod found bears N. 29",43',29 W., 5.26 feet; Thence, 5.29', 43', 29" E, with the common Northeast line of said 100.900-acre tract, the Southwest right-of-way line of said F .M. 494 and the Northeast line of the herein described 39.89-acre tract, a distance of 152.28 feet to the point of curvature of a non-tangent circular curve to the left having a radius of 372.40 feet, whose chord bears S. 20", 17' , 36" E., 122.05 feet, from which point a 5/8-inch iron rod found bears 5.29', 43', 29" 8.. 0.21 of a footl Thence, Southerly, continuing with said common line and with said curve, through a central angle of 18", 51', 47", an arc distance of 122.60 feet to the point of tangency, from which point a 5/8-inch iron rod found bears S. 52o, 37', 19" 8., 0.54 of a foot; Thence, S. 29', 43',29" E, continuing with said corrnon line, a distance of 78.53 feet to the point of curvature ofa tangent circular curve to the left having a radius of 5,779.58 feet, whose chord bears S. 32', 05', 4l- E.,477-97 feet, from which point a 5/8-inch iron rod found bears S. 75". 05', 10" W.,0.38 of a foot: Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 19 of 28 Thence, Southeasterly, continuing with said corunon line and with said curve, through a central angle of 04o,44' , 23" , art arc distance of 478.1 1 feet to the point of tangency, from which point a 5/8-inch iron rod found bears N. 85', 53', 43" E., 0.30 of a foot; Thence, S. 34", 27' , 52" E., continuing with said common line, a distance of 448.72 feet to a %-inch iron rod set with cap for the East comer of the herein described 39.89-acre tract, from which point a 5/8-inch iron rod found bears 5.34.,27', 52" 8., 721 .83 feet; Thence, S. 55', 45', 53" W., departing said common line, over and across said 100.900-acre tract and with the South line of the herein described 39.89-acre tract, a distance of 1,237.70 feet to a %- inch iron rod set with cap for the South comer of the herein described 39.89-acre tract, said point being 400.00 feet Northeast of the common Southwest line ofa called 15.58-acre tract ofland described in Easement Deed from County to United States of America (Levees) as recorded in Volume 492, Page 445, Deed Records of Hidalgo County, Texas, the Northeast line of called 247 .68- acl,e tract of land known as Tract 26C described in Warranty Deed to The United States of America as recorded in Volume 1510, Page 87, Deed Records of Hidalgo County, Texas, and the Southwest line of said 100.900 acre tract; Thence, N.31',22',59" W., continuing over and across said 100.900-acre tract, 400.00 feet Northeast of and parallel to said common line and with the Westerly line of the herein described 39.89-acre tract, a distance of 449.20 feet to a %-inch iron rod set with cap for a West comer of the herein described 39.89-acre tract; Thence, N. 22", 34', 59" W., continuing over and across said 100.900- acre tract, 400.00 feet Northeast of and parallel to said common line and with the Westerly line of the herein described 39.89-acre tract, a distance of 420.90 feet to a %-inch iron rod set with cap for a West comer of the herein described 39.89-acre tract; Thence, N. 2l', 01', 59" W., continuing over and across said 100.900-acre tract, 400.00 feet Northeast of and parallel to said common line and with the westerly line of the herein described 39.89-acre fiact, a distance of 705.02 feet to a %-inch hon rod set with cap for a West comer of the herein described 39.89 acre tmct; Thence, N. 14", 13' ,59" W., continuing over and across said 100.900_ acre tract, 400.00 feet Northeast of and parallel to said common line and with the westerly line of the herein described 39.89-acre tract, a distance of 17 1.25 feet to a %-inch iron rod set with cap for the Northwest comer of the herein described 39.g9-acre tract, said point being on the southeast line ofthe aforementioned 35.g r acre tract, from which pointalinchironpipefoundbearsthefollowingtwocalls:5.7g.,44,,17,,W.,a Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 20 of 28 distance of 400.96 feet and N. 140, 13', 59" W., a distance of 88.13 feet; Thence, N. 79', 44', 17" E., with the Southeast line of said 35.81-acre tract. a distance of 1,066.35 feet to the POINT OF BEGINNING. For a total of 61 .01 acres Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 21 of 28 SCHEDULE Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 22 of 28 SCHEDULE D MAP or PLAT Catholic Dloccs" Of Brownevillc RGV Scctor/ Hidalgo County Leg€nd r I L t €3t,,., \ f,{ 'il [, \ I Hld.lgo County, Tox6 N iP' L. I B Exhibit A LAND TO BE CONDEMNED Tract: RGV-MCS-2217 Owner: ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, TEXAS, ACTING By AND THROUGH ITS BISHOP, THE MOST REVEREND DANIEL E. FLORES, AS BISHOP OF THE ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, AND FOR HIS SUCESSORS N OFFICE, et al. Acreage: 61.01 * The case caption identifies acreage for the entire parent tract; access to the entire parent tract may be necessary to complete a survey of the proposed tract outlined in red on the map above. Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 23 of 28 SCHEDULE Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 24 of 28 SCHEDULE E ESTATE TAKEN Hidalgo County, Texas Tracts: RGV-MCS-2212 and RGV-MCS-22 I 7 Owner: ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, TEXAS, ACTING By AND THROUGH ITS BISHOP, THE MOST REVEREND DANIEL E. FLORES, AS BISHOP OF THE ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, AND FOR HIS SUCESSORS IN OFFICE, et al. Acreage: 4.781 (RGV-MCS-2212) and 61.01 (RGV-MCS-2217)for atotal of 65.791 The estate taken is a temporary, assignable easement beginning on the date that possession is granted to the United States and ending 12 months later, consisting of the right ofthe United States, its agents, contractors, and assigns to enter in, on, over and across the land described in Schedule C to survey, make borings, and conduct other investigatory work for the purposes described in Schedule B and to access adjacent lands; including the right to trim or remove any vegetative or structr.ual obstacles that interfere with said work; reserving to the landowners, their successors and assigns all rights, title, and privileges as may be used and enjoyed without interfering with or abridging the rights hereby acquired; subject to minerals and rights appurtenant thereto, and to existing easements for public roads and highways, public utilities, railroads and pipelines. Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 25 of 28 SCHEDULE Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 26 of 28 SCHEDULE F ES SATION OF JUST CO The sum estimated as just compensation for the land being taken is ONE HUNDRED DOLLARS AND NO/l00 ($100.00), to be deposited herewith in the Registry of the Court for the use and benefit ofthe persons entitled thereto; and, an additional sum determined at the conclusion of the temporary estate described damages, ifany. in Schedule E to constitute actual Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 27 of 28 SCHEDULE Case 7:18-cv-00329 Document 1 Filed in TXSD on 10/25/18 Page 28 of 28 SCHEDULE G INTERESTED PARTIES The following table identifies all persons who have or claim an interest in the property condemned and whose names are now known, indicating the nature of each person's property interest(s) as indicated by references in the public records and any other information available to the United States. See Fed. R. Civ. P. 71.l(c). Interested Party ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, TEXAS, ACTING BY AND THROUGH ITS BISHOP, THE MOST REVEREND DANIEL E. FLORES, AS BISHOP OF THE ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, AND FOR HIS SUCESSORS IN OFFICE P.O. Box 2279 Brownsville, Texas 78522 City of Mission, Texas, a Texas Municipal Corporation 1201 E 8th Street Mission, Texas 7857 ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, TEXAS, ACTING BY AND THROUGH ITS BISHOP, THE MOST REVEREND DANIEL E. FLORES, AS BISHOP OF THE ROMAN CATHOLIC DIOCESE OF BROWNSVILLE, AND FOR HIS SUCESSORS IN OFFICE P.O. Box 2279 Brownsville, Texas 78522 Reference RGV-MCS-2212 October 12, 1999 - Special Warranty Deed-Document# 1999-814019; Deed Records of Hidalgo County RGV-MCS-2212 March 12, 2007 - Lease Agreement RGV-MCS-2217 October 12, 1999 - Special Warranty Deed-Document# 1999-814019; Deed Records of Hidalgo County and July 1, 2011 - Warranty Deed-Document# 20112219429, Deed Records of Hidalgo County Case Document 1-1 Filed in TXSD on 10/25/18 Page 1 of 2 JS 44 (Rev. 06H 7] CIVIL COVER SHEET The .IS 44 civil cover sheet and the information contained Itercinrieitlter replace nor sup lement the liline and service ol?plcadings or other papers ?as re uircd by law. except as provrded by local rules ol_cout1. This Iorm. approved by the .ludtctal Conicrence ol the Jmted States in September I974. 13 required tor the use oi the Ierk oI Court tor the purpose of Initiating the CIVII docket sheet. (Slit-J ?Hr M's UN OF THIS FUR.) l. PLAINTIFFS United States of America (It) County ot'Rcsidcnce ol~ First Listed I?laintil?t' JoItcri (EAT if! I S. Bus. Hwy. 83, Ste. 600? McAlten, TX 78501 Attomeys (Firm Name, Address. and Ti'ilephrme Nam/Jeni A. Smith. United States Attorney's Of?ce, SDTX. 1701 West NOTE: Attorneys (ifKamt-u) David C. Garza, Garza Garza, L.L.P., 680 E. Saint Charles, Suite 300. Brownsville, TX 78520, Telephone (956) 541-4914 County of Residence of First Listed Defendant (IN I f. S. 24.5753 (AW. I) IN LAND CASES. USE Tl ll? LOCATION THE TRACT OF LAND INVOLVED. More or Less, Situate in Hidalgo County. State of Texas; and The Roman Catholic Diocese of Brownsville. Texas, Acting by and through its Bishop, the Most Reverend Daniel E. Flores, @90? II. BASIS OF .I URISDICTION (I?Iut'eon in (For i' Jit'enri'rt' t' 'mm and ()ne Hoxfor CITIZENSHIP 0F PRINCIPAL PARTIES (I?Iace an m0m'lJ?m'?Jr Plaintiff I US. Govemment Cl 3 Federal Question DEF DEF Plaintiff (HS. Unt't?ri'mk?rifNU! (?itizeu ol"l'his State I I Incorporated or Principal Place CI -I oI'Business In This State 2 US Government TI 4 Diversity Citizen State 2 2 Incorporatedantt'l'rincipal Place CI 5 5 Defendant (Indicate ?mzensi'up HI Intern HI) oI'Business In Another State (?itizcn or Subject ol'a Cl 3 TI 3 Foreign Nation PI 6 I-?otciun Country IV. NATURE OF SUIT (l?lacemi mow Hm: 0an Click here for: Nature ol'Suit Code Descriptions. I CONTRACT BANKRUPTCY OTIIER STATUTES I [1 HO Insurance PICRSONA INJURY PERSONAL INJURY CI 625 Drug Related Seizure CI (122 Appeal 28 USC ISB CI 375 False Claims Act CI 120 Marine 1?71 3I0 Airplane 365 Personal Injury - ol'Property 2] USC 88] CI 423 Withdrawal 130 Miller Act 3I5 Airplane Product Producl Liability TI (190 Other 23 I57 3739(3)) CI 140 Negotiable Instrument Liability CI 367 Health Carer? 400 State Reapportionment CI 150 Recovery ot'Overpayment C1 320 Assault, Libel Pharmaceutical PROPERTY RIGHTS CI 4 I0 Antitrust Sc Enforcement oI'Judgment Slander Personal Injuty 820 Copyrights 430 Banks and Banking CI l5] Medicare Act CI 330 Federal Employers? Product Liability Cl 830 Patent CI 450 El [52 Recovery oI'Ichattlied Liability 368 Asbestos Personal Cl 835 Patent - Abbreviated 460 Depoltation Student Loans TI 340 Marine Injury Product New Only Application CI .ITO Racketeer In?uenced and [Excludes Veterans) Cl 345 Marine Product Liability Cl 340 Trademark Con?upt Organizations 2' I53 Recovery of?Overpayment Liability PERSONAL LABOR SOCIAL SECURITY E1 480 Consumer Credit olA?ctcran?s Bene?ts Tl 350 Motor Vehicle Cl 370 Ollicr Fraud 7'10 Fair Labor Standards 3 86 (1395?) CI 490 Cable-?Sat TV 7! I60 Stockholders" Suits 355 Motor Vehicle 3 37] in Lending Acl CI 862 Black Lungt923) 850 Seeuritiest'Cotnmodities? I90 Other Contract Product Liabilily fl 3811 Other Personal 720 803 (405(3)) {Exchange Cl 95 Contract Product Liability CI 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions :1 I96 Franchise Injury :7 385 Property Damage 740 Railway Labor Act 1'1 305 [-ItISig)) 891 Agricultural Acts CI 362 Personal Injtuy - Product Liability 751 Family and Medical El 893 Environmental Matters Medical Malpractice Leave Act 895 Freedom ot'lnl?onnation REAL. PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act 31 2 IO Land Condemnation CI -I-IO Other Civil Rights Ilabeas Corpus: Iitnployee Retirement CI 870 Taxes (US. Plaintiff CI 896 Arbitration 220 Foreclosure 4-H Voting 463 Alien Detainee Income Security Act or Defendant) CI 899 Administrative Procedure 230 Rent Lease Ejectntent Employment SID Motions to Vacate CI 871 Patty ActiRevicw or Appeal of 3 240 Torts to Land CI 443 I-lousing-? Sentence 26 USC 7609 Agency Decision CI 245 Tort Product Liability Accountiodatious 1'1 530 General CI 950 Constitutionalily of CI 390 All Other Real Property .145 Amer. wiDisabiIities - [1 535 Death Penalty State Statutes Employment Other: 462 Naturalization Application CI 4-16 Amer, - 540 Mandamus Other I-I ?165 Other Other CI 550 Civil Rights Actions Tl 448 Education CI 555 Prison Condition 560 Civil Detainee - Conditions ot? Con?nement V. ORIGIN {More on in ()ne lite: XI Original 2 Removed from 3 Rcmanded t?rom CI 4 Reinstated or I17 5 I'rom F1 6 Multidistrict 3 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation - its-pacing Transfer Direct File VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: 28 U.S.C. 1358 Briet'description ofcause. Land Condemnation proceeding for Right of Entry (ROE) to Survey and Conduct Testing CHECK IF IS A CLASS ACTION UNDER RULE 23. RELATED IFANY (See rm rrm?rnm DEMAND Cite U.S. IVII Statute under which you are ?ling not r:frejrrnirth'err'mtm' rmha?s diven?t'gjll YIES only il'demandcd in complaint: JURY DEMAND: El Yes )21 No JUDGE . DOCKET NUMBER DATE SIGNATURE ATTORNEY OF RECORD 101259018 8/ John A. Smith, FOR OFFICE USI-Z ON LY RECEIPT 5 AMOUNT APPLYING MAG. JUDGE Case Document 1-1 Filed in TXSD on 10/25/18 Page 2 of 2 JS 4?1 Reverse (Rev. 06ft?) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The IS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service ofplcading or other papers as required by law. except as provided by local rules of court. This form. approved by the Judicial Conference of the United States in September 1974. is required for the use ofthc Clerk ofCourt for the purpose ofinitiating the civil docket sheet. Consequently. a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: (C) II. IV. VI. VII. linter names (last. first. middle initial) of plaintiffand defendant. ll'the plaintil?for defendant is a government agency, use only the full name or standard abbreviations. lfthe plaintil?l?or defendant is an official within a government agency. identify first the agency and then the official. giving both name and title. County of Residence. For each civil case filed. except US. plaintiff cases. enter the name the cotmty where the first listed plaintiff resides at the time of filing. In US. plaintiffeases, enter the name ofthc county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county ofrcsidcnce of the "defendant" is the location of the tract ofland involved.) Attorneys. Enter the firm name. address, telephone number, and attorney ofrecord. If there are several attorneys, list them on an attachment, noting in this section ?(see attachment)". Jurisdiction. The basis ol?jurisdiction is set forth under Rule which requires thatjurisdictions be shown in pleadings. Place an in one ofthe boxes. If there is more than one basis ofjurisdiction. precedence is given in the order shown below. United States plaintiff. (I) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers ofthc United States are included here. United States defendant. (2) When the plaintiff is suing the United States. its officers or agencies. place an in this box. Federal question. (3) This refers to suits under 28 U.S.C. l33l, where jurisdiction arises under the Constitution ofthc United States, an amendment to the Constitution. an act ofCongress or a treaty ofthc United States. In cases where the US. is a party. the U.S. plaintiffor defendant code takes precedence. and box 1 or 2 should be marked. Diversity (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different States. When Box 4 is checked. the citizenship ofthc different parties must be checked. (See Section below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) ofPrincipal Parties. This section ofthc JS 44 is to be completed ifdiversity ofcitizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an in the appropriate box. lfthere are multiple nature of suit codes associated with the case, pick the nature ofsuit code that is most applicable. Click here for: Nature ofSuit Code Descriptions. Origin. Place an in one ofthe seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C.. Section I44 I. When the petition for removal is granted, check this box. Rentanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the ?ling date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authoritv ofTitlc 28 U.S.C. Section 1407. Multidistrict Litigation Direct (8) Check this box when a multidistrict case is tiled in the same district as the Master MDL docket. PLEASE NOTE TH IS NOT AN ORIGIN (TODIC 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. Cause of Action. Report the civil statute directly related to the cause ofaetion and give a briefdeseription ofthc cause. Do not cite jurisdictional statutes unless diversity. Example: US. Civil Statute: 47 USC 55.: Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an in this box ifyoo are tiling a class action under Rule 23. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. Related Cases. This section of the .IS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.