17-73 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-73
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.479
ACRES OF PROPERTY FOR THE PROSPER TRAIL (KROGER — COIT)
PROJECT, SAID PROPERTY LOCATED AT THE NORTHWEST CORNER OF
PROSPER TRAIL AND COIT ROAD, 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 0.479 acres of land located at the northwest corner of Prosper
Trail and Coit Road, Town of Prosper, Collin County, Texas (the "Property"), and more particularly
described and depicted in Exhibit A, which is attached hereto and incorporated herein for all
purposes, is appropriate for use for the First Street Project ("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
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.
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.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 26T�A411YykEPTEMBER, 2017.
®OF P R
0; Ray Smith, Mayor
� • e
ATT T: °
o � • o
• 0 �
O Z.
%• ff b
Robyn Bale, Town Secreta
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
r
Resolution No. 17-73,Page 2
Exhibit A
t
16— Resolution No. 17-73, Page 3
(NOTE:
N89-31'36' _I 1441v—
ARE
4tslra o1Y
ue
ARESET WITH GAI CAP) ' 51.31' { \
I ,1vw—wen
NP cert,EN LLC
P4 W.
70110e03000w5501e r •eu
O.R C.C.f
I R 0
0
o .�.
alwAcc, m1-j'Lk maenoP
'
'
'NO2824W ~� -
� u ,marc
372.57' �) C-)
>
5P05 w"car TEN,c I SO'36'1 5'E
n397.04'
�J .s,.wo 1o,roeowooP>so o I 397.04'
o. ccr.
LR. ( "w w.corn non
w PROSnP WTr Piy vn N
MST.W.WIM..600nw])JHI
N44'31'36"E DAC.C1.
35.36' S.I.R. xs wwoR
�CPIPHl4 OOR.
POINT 03F
PROSPER TRAIL BEGINN NG 78 227"55"W
(VARIABLE WIOTH R.O.W.) S.I.R.
— - 1 -
PROSPER YRAIS OFFICE CENTER N1'32'1 1"E
INST. N0. z 10+3010003660 105.13' LOT wK
BLOCK N45'46'53"W r
42.34' NO'39"45"W
— — — -- � Lora 144.42'
4`31'031N
BLOCK LOT 119.18' — —
0J OIL LAKE ADDIT
z 703 8ot0�0D1 0 N4'40'37"E
I � 110.45' —
_ LOT 1X
CRIPPL ,QREEK DRIVE_,, Lors OPEN SPACE
N0'31'O3"W '
,@5.45' ( \
{ ` INT OF
fND- 1/2' I.R.
O
LEGEND
ROY 4 K4w N.Bm"t CHATELLE t DEDFaCK BROOKS LYNCH AID"CKDWW PLAN
D.R.C.C.T. = DEED RECORDS, COLLIN COUNTY, TEXAS T709 � ST ; 2019 �1. 140010oBS920 INST. 130705LE 000941900 2017D1D000DO&V
SIR = SET 1/2" IRON ROD WITH "GAI" CAP D.R.C.C.r. O.A.C.C.T. D-R.C.C.T.
INST. = INSTRUMENT BASIS OF BEARINGS IS NORTH AMERICAN
R.O.W. = RIGHT-OF-WAY DATUM OF 1983 (NAD-83) (201 1) STATE
ESMT. = EASEMENT PLANE COORDINATE SYSTEM, TEXAS NORTH
FND. = FOUND CENTRAL ZONE BASED ON GPS OBSERVATIONS.
I.R. = IRON ROD
EXHIBIT A
PARCEL NO. 5-ROW-1
BEING A 20,873 SQ. FT./0.479 ACRE RIGHT-OF-WAY
SITUATED IN THE ELISHA CHAMBERS SURVEY, ABSTRACT NO. 179
COLLIN COUNTY, TEXAS
Graham Associates,lnc. GRAPHIC SCA.F "'-200'
200'
CONSULTING ENGINEERS&PLANNERS (-- _ -- --�
600 SIX FLAGS DRIVE,SUITE 500
ARLINGTON,TEXAS 76011 (817)6408535 nn
TBPEFIRM:F-1191/1BPLSFIRM:10153RO 0 200 40�
DRAWN BY: GAI DATE: 5/18/2017
PROJECT NO.: 2673.1010 SHEET 1 OF 3
Resolution No.17-73,Page 4
EXHIBIT A
PARCEL NO.5-ROW-1
BEING A 20,873 SQ. FT./0.479ACRE RIGHT-OF-WAY DEDICATION
SITUATED IN THE ELISHA CHAMBERS SURVEY,ABSTRACT NO. 179,
COLLIN COUNTY,TEXAS
Being a 0.479 acre tract of land situated in the Elisha Chamber Survey,Abstract No. 179,City of Prosper,Collin
County,Texas,being a portion of that certain tract of land as described in the deed to NW Coit Ten,LC,as recorded
in Instrument No.20120803000955070,Deed Records,Collin County,Texas,and being more particularly described
by metes and bounds as follows:
COMMENCING at a found '/2 inch iron rod in the southeast comer of a tract of land owned by Roy&Mary N.
Boyette as described in the deed and recorded in Instrument No.2040707000695920,Deed Records,Collin County,
Texas,said tract is also Lot 2,Block H of the Quail Lake Addition and recorded in Tnstrument No.
20070418010001400,and being the southwest corner of Lot I X, Block H,Open Space of said Quail Lake Addition,
said point also being in the north line of Cripple Creek Drive(a 50 foot R.O.W.),and the west right-of-way line of
Coit Road(a variable width R.O.W.);
THENCE North 00°31'03"West along the east line of said Lot 2,Block H,and along the west line of said Lot 1 X,
Block H,a distance of 85.45 feet to a point,said point being the northeast corner of said Lot 2,Block H,and the
northwest corner of said Lot 1X,Block H,and the southeast comer of Lot 3,Block H,being a tract of land owned
by ChatelIe&Dedrick Brooks Lynch of the said Quail Creek Addition and recorded in Instrument No.
20140707000695920,and also being in said west right-of-way line of Coit Road;
THENCE North 040 40'37"East continuing along said west right-of-way line of Coit Road,a distance of 110.45
feet to a point;
THENCE North 00°31'03"West continuing along the west right-of-way line of Coit Road,a distance of 119.18
feet to a point,said point being the common line of the northeast comer of said Lot 3,Block H,and the southeast
comer of Lot 7,Block A,also being a tract of land owned by Axi Holdings Plan of the Prosper Trail Office Center
Addition and recorded in Instrument No.20081013010003660;
THENCE North 00'39'45"West continuing along said west right-of-way line of Coit Road,a distance of 144.42
feet to a point,said point also being the south right-of-way line of Prosper Trail(a variable width R.O.W.);
THENCE North 45046'53"West continuing along the west right-of-way line of said Coit Road,and the south
right-of-way line of said Prosper Trail,a distance of 42.34 feet to a point;
THENCE North 01 032'11"East continuing across said Prosper Trail a distance of 105.13 feet to the POINT OF
BEGINNING,said point being in the north right-of-way line of said Prosper Trail and the south line of a tract of
land owned by said NW Coit Ten,LC,being a common line;
THENCE North 44°31'36"East,departing said common line,a distance of 35.36 feet to a set 102 inch iron rod with
"GAI"cap;
THENCE North 00°28'24"West,a distance of 372.57 feet to a set 1/2 inch rod with"GAI"cap;
THENCE North 89°31'36"East,a distance of 51.31 feet to a set 1/2 inch iron rod with"GAI"cap,said point being
in the east line of said NW Coit Ten,LC tract,also being in the west right-of-way line of said Coit Road,being a
common line;
THENCE South 00136'15",along said common line,a distance of 397.04 feet to a set !4 inch iron rod with"GAI
CAP",said point being the southeast corner of said NW Coit Ten,LC Tract and the north right-of-way line of said
Prosper Trail,being a common line;
Resolution No. 17-73, Page 5
THENCE South 89°07'55"West,along said common line,a distance of 77.22 feet to the POINT OF
BEGINNING and CONTAINING 20,873 square feet,0.479 acres of land,more or less.
Basis of Bearings is the North American Datum of 1983(NAD 83)(2011)State Plane Coordinate System,Texas
North Central Zone,Based on GPS Observations.
O
U.L. PET RWN
9 5999 F
-.91-Es5�4�'-�
Resolution No. 17-73, Page 6