R-2023-35 Declaring Necessity to Acquire Easements - Water Line - DNT Prosper Trl to FrontierTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2023-35
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN
WATER LINE EASEMENTS AND TEMPORARY CONSTRUCTION
EASEMENTS FOR THE CONSTRUCTION OF THE DALLAS NORTH TOLLWAY
(PROSPER TRAIL — FRONTIER) 12" WATER LINE PROJECT; 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 RIGHTS 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 there exists a public necessity to acquire permanent water line easements and
temporary construction easements from properties located from Prosper Trail heading north
along the southbound Dallas North Tollway frontage road to Frontier Parkway and then east
across the Dallas North Tollway frontage roads and future main lanes to eastern side of the
northbound frontage road for the construction of the Dallas North Tollway (Prosper Trail -Frontier)
12" Water line project ("Project"), the location of which water line and temporary construction
easements is generally set forth in the location map exhibit attached to this resolution; and
WHEREAS, the Town Council desires to acquire the permanent water line easements
and temporary construction easements (hereinafter referred to as "Required Easements"), as
more particularly reflected in the location map exhibit attached to this Resolution, for this
governmental public use and public necessity in conjunction with the Project; and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Required Easements 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 Required Easements for the Project, and
if unsuccessful in purchasing the Required Easements for the Project, to institute condemnation
proceedings to acquire the Required Easements.
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 Required Easements for the Project, in the locations
generally shown in the location map exhibit attached hereto,
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Required Easements 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 Required Easements 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 Required Easements 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 Required Easements. 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 Required Easements, proceedings in eminent domain to acquire the
Required Easements 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, BY A VOTE OF 'i TO Q ON THIS THE 11TH DAY OF APRIL, 2023.
—Z6-:e7e-
David F. Bristol, Mayor
ATTEST:
tau
Michelle Lewis Sirianni, Town Secretary
Resolution No. 2023-35: Page 2
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 2023-35: Page 3
EXHIBIT 1
Dallas North Tollway (Prosper Trail —Frontier)
12" Water Line Easement Acquisition Location Map
lop
10L. OR 0,
•y=
PARCEL N
OWNER
PARCEL P
OWNER
1
PROSPER TOLLWAY AVENUES 35 LP
4
URBAN HEIGHTS AT FRONTIER LLC
2
COTHRAN MALIBU LP
5
DNT FRONTIER LP
3
AABVC-DNT-W E5T-FRT LP
Resolution No. 2023-35: Page 4