Anchor: #i1000481

Section 4: Procedures for Receiving Donations (for State)

Anchor: #i1000486

Procedure

ROW PD is notified that an owner wishes to donate property. ROW PD obtains an original agreement and original deed, both executed by donor.

ROW PD retains the original signed deed and submits to the ROW Program Office a donation package for review and acceptance. The donation package shall contain the following documents:

The ROW Program Office will secure TxDOT’s approval and ultimate acceptance of the donation. The donation deed shall not be recorded until TxDOT has accepted the donation as evidenced by the Executive Director’s or ROW Division Director’s execution of the donation agreement.

The ROW Program Office will notify ROW PD of TxDOT’s acceptance by transmittal memo, with attached copy of the executed donation agreement and the warrant if a partial donation is involved.

Upon acceptance of the donation, the ROW Program Office shall prepare a minute order for the Commission’s acknowledgment of the donation and places the item on the Commission agenda. The Commission’s acknowledgment must be completed within 90 days of TxDOT’s acceptance of the donation. For parcels involving partial donations when payment for a portion of the value will be made by TxDOT, the ROW Program Office will process the payment submission in anticipation of TxDOT approval. This will enable the warrant to accompany the transmittal memo.

ROW PD completes closing procedures at the title company when a partial donation and a warrant are involved. ROW PD then arranges for the recordation of the donation deed in the official property records of the county in which the property is located.

ROW PD sends the original recorded deed to the ROW Program Office for inclusion in the inventory of donated property.

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