18-29 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 18-29
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 2.095
ACRES OF PROPERTY FOR THE SITE OF THE LOWER PRESSURE PLANE
ELEVATED WATER STORAGE TANK PROJECT, SAID PROPERTY LOCATED
IN THE L. NETHERLY SURVEY, ABSTRACT NO. 962, DENTON COUNTY,
TEXAS, AND LYING IN THE SOUTHWEST CORNER OF THE TRACT OF LAND
CONVEYED TO WEN -CHI LEE BY THE DEED RECORDED IN VOLUME 2778,
PAGE 62, OF THE DEED RECORDS OF DENTON 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; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
determined that approximately 2.095 acres of land located in the L. Netherly Survey, Abstract No.
962, Denton County, Texas, and lying in the southwest corner of the tract of land conveyed to
Wen -Chi Lee by the deed recorded in Volume 2778, Page 62 of the deed records of Denton
County (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 as the site of the
Lower Pressure Plane Elevated Water Storage Tank 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 the Lower Pressure Plane
Elevated Water Storage Tank Project; 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 ResolloiffiliVY010ye immediately upon its passage.
Town Secretary
:Q BY
TO O
THE TOWN COUNCIL OF THE TOWN OF
ON THIS .� THE 10TH AY OF APRIL, 2018.
zlul
Ray trnitll, Mayor
Resolution No. 18-29, Page 2
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 18-29, Page 3
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Resolution No. 18-29, Page 4
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Resolution No. 18-29, Page 4
EXHIBIT A (Continued)
LEGAL DESCRIPTION
BEING 2.095 acres of land located in the L. NETHERLY SURVEY, Abstract No: 962,
Denton County, Texas, and being a portion of the tract of land conveyed to Wen -Chi Lee
by the deed recorded in Volume 2778, Page 62, of the Deed Records of Denton County,
Texas. Said 2.095 acres of land being more particularly described by metes and bounds,
as follows:
BEGINNING at a'/2" iron rod found at the Southwest corner of said Lee Tract, and lying
in the North right-of-way line of Fishtrap Road;
THENCE N 000 16' 14" E along the West boundary line of said Lee Tract, at 30.02 feet
passing a'/2" iron rod found at the Southeast corner of Lot 20, Block 48, Artesia Phase
1A, an addition to Denton County, Texas, by the plat recorded in Cabinet "X", Page
13, of the Plat Records of Denton County, Texas, and in all 269.43' feet to a Y2" iron
rod marked "Brittain & Crawford" set;
THENCE N 890 02'45" E 336.06 feet, departing the West boundary line of said Lee Tract,
to a Y2" iron rod marked "Brittain & Crawford" set;
THENCE S 000 52'55" E 269.36 feet to a Y2" iron rod marked "Brittain & Crawford" set, in
the South boundary line of said Lee Tract, and lying in the North right-of-way line of
Fishtrap Road;
THENCE S 890 02' 45" W 341.48 feet, along the South boundary line of said Lee Tract
and the North right-of-way line of said Fishtrap Road, to the POINT OF BEGINNING
containing 2.095 acres (91,252 square feet) of land.
Resolution No. 18-29, Page 5