18-28 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 18-28
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY .410
ACRES OF LAND FOR ROAD RIGHT-OF-WAY AND .794 ACRES OF LAND
FOR A SLOPE EASEMENT FOR THE CONSTRUCTION OF THE WEST
PROSPER ROADS IMPROVEMENTS, PHASE 2 (SEGMENT D) PROJECT,
SAID PROPERTY LOCATED IN THE J. MORTON SURVEY, ABSTRACT NO.
793, IN THE TOWN OF PROSPER, 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 .410 acres of land, needed for road right-of-way and .794 acres
of land, needed for a slope easement, both situated in the J. Morton Survey, Abstract No. 793, in
the Town of Prosper, Denton County, Texas (collectively, the "Property")' and more particularly
described and depicted in Exhibit A, which is attached hereto and incorporated herein for all
purposes, is appropriate for the construction of the West Prosper Roads Improvements, Phase 2
(Segment D) 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 West Prosper Roads
Improvements, Phase 2 (Segment D) 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 Resolution is effective immediately upon its passage.
DULY PAS
�� �1PROVED
PROSPER, TE$ ®fo,aaa,a X. —L TO
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ATTEST'% .:,* aQ a
BY THE TOWN COUNCIL OF THE TOWN OF
O ON THIS THE 10TH DAY OF APRIL, 2018.
APPROVEWAS TO FORM AND LEGALITY:
Terrence S. We ch, Town Attorney
Ray Smith, May r
Resolution No. 18-28, Page 2
EXHIBIT A
R.O.W. Dedication
BEING a tract of land situated in the J. Morton Survey, Abstract No. 793, Town of Prosper,
Denton County, Texas, the subject tract being a portion of a tract conveyed to Corey Graham
according to the deed recorded in Document No. 2015-93227 of the Official Public Records,
Denton County, Texas (OPRDCT), with the subject tract being more particularly described as
follows:
BEGINNING at a 1/2" iron rod found for the northeast corner of said Graham tract, and being on
a west line of a tract conveyed to TVG Texas I, LLC, recorded in Document No. 2012-59927
OPRDCT, said rod being on the south line of Fishtrap Road, a variable width prescriptive right-
of-way;
THENCE S 01 009'00" W, 27.18 feet along the east line of said Graham tract to a point from
which a United States Corps of Engineers concrete monument found for the southeast corner of
said Graham tract bears S 01'09'00" W, 251.79 feet;
THENCE into said Graham tract, around a non -tangent curve to the right having a central angle
of 04'11'42", a radius of 1460.00 feet, a chord of N 89°53'56" W - 106.87 feet, an arc length of
106.90 feet;
THENCE N 87048'04" W, 474.18 feet through said Graham tract to a point on the east line of
Preserve at Doe Creek Phase 1, an addition recorded in Document No. 2016-2124, Plat Records,
Denton County, Texas;
THENCE N 02023'05" W, 30.80 feet along the east line thereof to a point for the northwest
corner of said Graham tract, and being on the south line of Fishtrap Road;
THENCE S 87050'17" E, 582.95 feet along the south line thereof to the POINT OF
BEGINNING with the subject tract containing 17,842 square feet or 0.410 acres of land.
Resolution No. 18-28, Page 3
EXHIBIT A (Continued)
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Resolution No. 18-28, Page 4
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Resolution No. 18-28, Page 4
EXHIBIT A (Continued)
EXHIBIT Al
VARIABLE WIDTH SLOPE EASEMENT
COREY GRAHAM
BEING a tract of land situated in the J. Morton Survey, Abstract No. 7913, Town of Prosper, Denton County,
Texas, being a portion of a tract conveyed to Corey Graham according to the deed recorded in Dom. No -
2015 -93227 of the Official Public Records, Denton County, Texas (OPRDCT), with the subject tract being
more Particularly described as follows:
BEGINNING at the northwest corner of the subject tract, from which a 5/8" capped iron rod found at the
northeast corner of Lot 1, Block D in Glenbrooke Estates Phase 2C, an addition to the Town of Prosper
Recorded in Document Number 2014-328 of the Plat Records, Denton County, Texas bears N 87'38'58" W a
distance of 1,361.40 feet;
THENCE, S 87'48'04" E a distance of 474.51 feet;
THENCE around a tangent curve to the left having a central angle of [14$11'42% a radius of 1,460-00 feet; a
chord of S 8.9°53'56" E -106.87 feet; an arc length of 105.990 feet,
THENCE, S 01'09'00" W a distance of 55-36 feet;
THENCE, N 87`01'33' W a distance of 38.05 feet,
THENCE, N 8.5*2618." W a distance of 201-23 feet,
THENCE, N 86*32'58" W a distance of 277-55 feet;
THENCE, S 00'00'013" E a distance of 15..28 feet;
THENCE, S 57'11'45" W a distance of 72-11 feet, to a pointfrom which a PK Nail found at the intersection of
Lancashire Lane and Coventry Drive bears 5 84°59'58" 4W a lista n€e of 1,504.29 feet;
THENCE, N 02'17'04" W a distance of 94-48 feet, to the POINT DF BEGINNING with the subject tract
containing 27,115 square feet or 0-622 acres of land-
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PAGE 1 .1�aRREN K, BROV r,
VARIABLE WILITII Q..s2
U P I R R I SLOPE EASEMENT ���� <'
ENG1N EER IN-MORTOI�SURN-T�A-793
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TOFE %*:. P-3181 .. T Li ■e, �.7*94.,.•+ I TO�Y4'lY OF PROSPER,v:=«., icy tees Ey: sr of ke ora. I
P. :k:: :'i:!�� ..—..•!1 DENTON COUNTY, TEXAS DWRREN K. BROWN, R-P.LS. 5252
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Resolution No. 18-28, Page 5
EXHIBIT A (Continued)
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Resolution No. 18-28, Page 6
EXHIBIT A (Continued)
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Carey Graham
Dot. No_ 2093227
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D_R_D_C.T_�PAGE 2 OF 2 K-eROWN
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E N G I N EER IN - MORTON ST�TREYA-793
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►} Ck== 1:•-su s;'I:+/11 1s-MIQ DENTON COUNT[', TEXAS a�RREM K. BROWN, R_P.LS. 5252
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Resolution No. 18-28, Page 7
EXHIBIT A (Continued)
E:X I s1T A_'
VARIABLE WIDTH .SLOPE EASEMENT
COREY GRAHAM
BEING a tract of laird situated in the J. Morton Survey, Abstract No. 793, Town of Prosper, Denton County,
Texas, being a portion of a tract conveyed to Corey Graham according to the deed recorded in Doc. No.
2013-130390 of the Official Public Records, Denton County, Texas (OPRDCT), with the subject tract being
more particularly described as follows:
BEGINNING at the north east corner of the subject tract;
THENCE, S 01'05'17" W a distance of 24.01 feet;
THENCE. N 87`56'09" W a distance of 586.65 feet, to a point from which a PK Nail found in the centerline of
Gee Road, also the southwest corner of the said Corey Graham tract bears S 01054'45" E a distance of 30.18
feet;
THENCE' N 02026'47" WWI a distance of 7.27 feet, to a point from which point a brass control monument is
found at a west corner of the said Corey Graham tract, also an east comer of a tract of land conveyed to
West Prosper Village Partners, LP according to the deed recorded in Doc. No_ 2014-74141 OPRDCT bears
N 02016'21" WFV a distance of 41.78 feet;
THENCE S 88`5450" E a distance of 4.62 feet;
THENCE N 86040'44" E a distance of 87.66 feet, to the POINT OF BEGINNING with the subject tract
containing 7,488 squa re feet or 0-172 acres of land_
PAGE 1 OF 2
,69 S P I R R S SLOPE EAEMENT
ENGINEER I N J_ MORTON URVT-Y, A-793
1tiFlhrtrt qtr. rrdir• ■6n aMva-11r4aaaTT
T*F■ Its. F=9971 . Tams ■e, F1-17069900 I
I"1,, TOWN OF PROSPER
DEI'wTON COUNTY, TEXAS :aez?EP;
A1'q i1 G GT — M — I G- C. i i id. C. i i i i i d. C. i i- I i 1 1.0, 1\.1.10
Resolution No. 18-28, Page 8
K_ BROWN, R.P.LS. 5252
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EXHIBIT A (Continued)
S511.-geP2LP Temporary Constructiona.z a rass Monument Fnd
DR Easement A
SLOPE EA EMENT A2� Pour OP
0,1-/2 Ac. $ECiQf1+MG
NO2-16',21 "W (7,4.58 Sq. Pt_)
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Temporary Construction Easement Al - r`
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Carey Graham 19
Doc. No_ 2015-53227 -0
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Re Preserae atDne
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Doc_�4D_ 201F,-116647
ERDCT tom,
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Doc No- 201.6-2124 I - -
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Doc No_ 2012-59927 F
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PAGE 2 OF 2 DARREN K_ BROWN
VARIABLE WIDTH � �� 5252c�v
P I R SLOPE EASEMENT 0 s
�E N G f N E E R I N xSURVEY,
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DENTON COUNTY, TEXAS DARREN K_ MOWN, R_P.LS. 5252
i.... --° AHR it GET -M - I L - Gi i- i il. G. d. G. i i- I.. i..I 1,fF I.Y. Y dAY* ,•
Resolution No. 18-28, Page 9
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S511.-geP2LP Temporary Constructiona.z a rass Monument Fnd
DR Easement A
SLOPE EA EMENT A2� Pour OP
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Carey Graham 19
Doc. No_ 2015-53227 -0
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Re Preserae atDne
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Doc_�4D_ 201F,-116647
ERDCT tom,
Preserde at Doe Greek _
Phase 1 -y
Doc No- 201.6-2124 I - -
P_R_D_C.T_
TVG TEXAS I, LLC
Doc No_ 2012-59927 F
ID_R_D_C.T_ r TF'P
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PAGE 2 OF 2 DARREN K_ BROWN
VARIABLE WIDTH � �� 5252c�v
P I R SLOPE EASEMENT 0 s
�E N G f N E E R I N xSURVEY,
ar.n.r...+ ..r,r..SF 67 T..r.M.��.. h�iC3rRgTT�cT 7P f ii r C A7y 9
TOPE R■ r-9121 . rar L■ ■e, P.100411f• I TOVM LV 41F rhllJPE84
ch�� 4. ::_.,� I:Z v .. I
DENTON COUNTY, TEXAS DARREN K_ MOWN, R_P.LS. 5252
i.... --° AHR it GET -M - I L - Gi i- i il. G. d. G. i i- I.. i..I 1,fF I.Y. Y dAY* ,•
Resolution No. 18-28, Page 9