17-47 - R r
TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-47
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.359
ACRES OF PROPERTY FOR THE FIRST STREET AND TOWN CENTER
EXPANSION PROJECT, SAID PROPERTY LOCATED AT 206 W. FIRST
STREET, TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DETERMINING
THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION;
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR
SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS
NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE
PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN
MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED
PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND
RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF
PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
determined that approximately 0.359 acres of land located at 206 W. First Street, Town of
Prosper, Collin County, Texas (the"Property"), and more particularly described in Exhibit A,which
is attached hereto and incorporated herein for all purposes, is appropriate for use for the First
Street and Town Center Expansion Project (collectively "Project"), and that there exists a public
necessity to acquire the Property for the construction of the Project, which is a public use; and
WHEREAS, the Town Council desires to acquire the Property for this governmental and
public use in conjunction with the Town of Prosper's construction of a roadway and the Town
Center; and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Property for the Project including, but not limited to, the retention
of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his
designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing
the Property for the Project, to institute condemnation proceedings to acquire these required
property interests.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Council hereby finds and determines that a public use and necessity exists for
the Town of Prosper, Texas, to acquire the Property for the Project.
f"
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in
compliance with State and Federal law. The Town Manager is specifically authorized and directed
to do each and every act necessary to acquire the Property for the Project including, but not
limited to, the authority to negotiate, give notices, make written offers to purchase, prepare
contracts, to retain and designate a qualified appraiser of the property interests to be acquired,
as well as any other experts or consultants that he deems necessary for the acquisition process
and, if necessary, to institute proceedings in eminent domain.
SECTION 4
The Town Manager, or any individual he may so designate, is appointed as negotiator for
the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and
directed to do each and every act and deed hereinabove specified or authorized by reference,
subject to the availability of funds appropriated by the Town Council for such purpose. The Town
Manager is specifically authorized to establish the just compensation for the acquisition of the
Property. If the Town Manager or his designee determines that an agreement as to damages or
compensation cannot be reached, then the Town Attorney or his designee is hereby authorized
and directed to file or cause to be filed, against the owners and interested parties of the needed
property interests, proceedings in eminent domain to acquire the Property for the Project.
SECTION 5
This Resolution is effective immediately upon its passage.
®�w t 104� ED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
A03 �.Ie rsTHIS 27TH DAY OF JUNE, 2017.
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g _ Ray Smith, Mayor
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Robyn a , 'down Secretary �
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
,,, Resolution No.17-47,Page 2
EXHIBIT A
PARCEL.22-ROW-I
BEING A 15,625 SQ.FT./0.359 ACRE RIGHT-OF-WAY
SITUATED IN THE COI.I.IN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO.147
COLLIN COUNTY,TEXAS
BEING a 0.359 acre tract of land out of the Collin County School Land Survey, Abstract No.147, Collin
County,Texas,and being a portion of that certain parcel conveyed to M.S. Dalton and wife, Julia,as recorded
in Document No. 19711028080001440, Official Public Records, Collin County, Texas, and being more
particularly described as follows:
COMMENCING at a found 112 inch iron rod,said point being the southwest comer of a tract of land conveyed
to Aguilar Rutilio&Yolanda,as recorded in Volume 5236, Page 4438,Official Public Records,Collin County,
Texas, and being the southeast corner of a tract of land conveyed to C. Ray McGee, as recorded in Volume
1146,Page 866,Official Public Records,Collin County,Texas,and also being in the north right-of-way line of
West First Street(a Variable Width Right-Of-Way);
THENCE South 8951'47" East, a distance of 351.91 feet to the POINT OF BEGINNING, being a set 112
inch iron rod with cap stamped"GRAHAM ASSOC. LNC."(GAI), said point being in said north right-of-way
line, and being the southwest corner of said M.S. Dalton and wife, Julia tract, and also being the southeast
corner of a tract of land conveyed to Antonio Cruz,as recorded in Document No. 19920331000198400,Official
Public Records,Collin County,Texas;
THENCE North 00016'15" East, leaving said north right-of-way line,along the west line of said M.S. Dalton
and wife, Julia tract, and along the east line of said Antonio Cruz tract, being a common line, a distance of
125.00 feet to a set 1/2 inch iron rod with cap stamped"GAI",being the northwest corner of said M.S. Dalton
and wife,Julia tract and the northeast corner of said Antonio Cruz tract;
THENCE South 89051'53"East,leaving said common line, along the north line of said M.S. Dalton and wife,
Julia tract, a distance of 125.00 feet to a set 112 inch iron rod with cap stamped"GAI", said point being in the
cast line of said M.S. Dalton and wife, Julia tract, and being in the west line of a tract of land conveyed to
Bobby Slough Jr. and wife, Eunice, as recorded in Document No. 19730226085501060, Official Public
Records,Collin County,Texas,being a common line;
THENCE South 009615" West, along said common line,a distance of 125.00 feet to a set 112 inch iron rod
with cap stamped "CAI",said point being in said north right-of-way line,and being the southeast corner of said
M.S. Dalton and wife, Julia tract, and being the southwest corner of said Bobby Slough Jr. and wife, Eunice
tract;
THENCE North 8951'53" West, along said north right-of-way line, and along the south line of said M.S.
and wife, Julia tract, a distance of 125.00 feet to the POINT OF BEGINNING and CONTAINING 15.625
square feet,0.359 acres of land,more or less.
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Resolution No.17-47, Page 3