R-2023-42 Declaring Public Necessity to Acquire ROW & Easements for Legacy Construction 4 Lane Project (Prairie-Fishtrap)TOWN OF PROSPER, TEXAS
RESOLUTION NO. 2023-42
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE CERTAIN REAL
PROPERTIES FOR RIGHT-OF-WAY, TEMPORARY CONSTRUCTION
EASEMENTS, DRAINAGE EASEMENTS, AND WATER EASEMENT FOR THE
CONSTRUCTION OF LEGACY (PRAIRIE — FISHTRAP) — 4 LANES 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 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 the Property for the construction of the
Legacy (Prairie — Fishtrap) — 4 lanes project, the location of which is generally set forth in the
exhibits attached to this resolution; and
WHEREAS, the Town Council desires to acquire the property ("Property"), as more
particularly described in the exhibits attached to this Resolution, for this governmental and public
use in conjunction with the Town of Prosper's construction of the Legacy (Prairie — Fishtrap) — 4
lanes project ("Project"); and
WHEREAS, on or about October 11, 2022, the Town Council adopted Ordinance No.
2022-68, by which it changed the name of Fishtrap Road between Legacy Drive and Gee Road
to First Street, and any reference in this Resolution, or any attachment hereto, to Fishtrap Road
shall be read and/or interpreted to be First Street, as so renamed; 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 following Property for the Project, as more particularly
described in the Exhibits referenced herein:
EXHIBIT DESCRIPTION/INTEREST TO BE ACQUIRED
Approximately 0.0348 acres of real property for right-of-way and 0.0297 acres of real
property for temporary construction easement, situated generally in the L. Netherly
Survey, Abstract Number 962, Denton County, Texas and being part of that certain
tract of land described as recorded in Instrument No. 2017-150 and in Instrument No.
2017-37344 of the Official Public Records of Denton County, Texas
2 Approximately 1.4393 acres of real property for right-of-way and 1.5536 acres of real
property for temporary construction easement, situated generally in the Collin County
School Land Survey, Abstract Number 147, Collin County, Texas and being part of
that certain tract of land described as recorded in Instrument Number
20200618000919920 of the Official Public Records of Collin County and in the L.
Netherly Survey, Abstract Number 962, Denton County, Texas and being part of that
certain tract of land described as recorded in Instrument No. 2023-75 of the Official
Public Records of Denton County, Texas
3 Approximately 0.3142 acres of real property for drainage easement and 0.0338 acres
of real property for drainage easement, situated generally in the Collin County School
Land Survey, Abstract Number 147, Collin County, Texas and being part of that certain
tract of land described as recorded in Instrument Number 20200618000919920 of the
Official Public Records of Collin County, Texas
4 Approximately 0.2187 acres of real property for water easement, situated generally in
the Collin County School Land Survey, Abstract Number 147, Collin County, Texas
and being part of that certain tract of land described as recorded in Instrument Number
20200618000919920 of the Official Public Records of Collin County, Texas
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.
Resolution No. 2023-42, Page 2
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 TO QON THIS THE 27TH DAY OF JUNE 2023.
{
David F. Bristol, Mayor
ATTEST:
��' uA-i-L, S.�
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 2023-42, Page 3
EXHIBIT 1
LEGAL DESCRIPTION
RIGHT-OF-WAY DEDICATION
BEING a 0.0348 acre (1,518 square foot) tract of land situated in the L. Netherly Survey, Abstract No. 962, Town of
Prosper, Denton County, Texas; said tract being part of Lot 1 R, Block A, Prosper Center, an addition to the Town of
Prosper according to the plat recorded in Instrument No. 2017-150, Official Public Records, Denton County, Texas;
said tract also being part of the tract described in Special Warranty Deed to SRKMR Real Estate Holdings 2, LLC,
recorded in Instrument No. 2017-37344 of said Official Public Records; said tract being more particularly described
as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set in the northwest right-of-way line of Legacy Drive
(a variable width right-of-way); said point being the southwest comer of said Lot 1 R;
THENCE North 85°35'49" East, along the said northwest line of Legacy Drive, a distance of 26.82 feet to a
5/8-inch iron rod with cap stamped "KHA" set for the POINT OF BEGINNING;
THENCE North 40°36'43" East, departing the said northeast line of Legacy Drive, a distance of 256.00 feet to a
5/8-inch iron rod with cap stamped "KHA" set for comer in the northeast line of said Lot 1 R;
THENCE South 49'23'17" East, along the said northeast line of Lot 1 R, a distance of 6.00 feet to a point for comer in
the said norhtwest line of Legacy Drive;
THENCE South 40°36'43" West, along the said northwest line of Legacy Drive, a distance of 250.00 feet to a point
for comer;
THENCE South 85°36'43" West, continuing along the said northwest line of Legacy Drive, a distance of 8.49 feet to
the POINT OF BEGINNING and containing 1,518 square feet or 0.0348 acres of land, more or less,
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the right-of-way tract described.
MICHAEL C. BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH, 817-335-6511
michael billingsley@kimley-horn.com
CHPoC
RIGHT-OF-WAY DEDICATION
PART OF
LOT 1 R, BLOCK A
PROSPER CENTER
L. NETHERLY SURVEY,
ABST. NO. 962
TOWN OF PROSPER
DENTON COUNTY, TEXAS
N(7RTF1
G SU 1f,
GRAPHIC SCALE IN FEET
EXHIBIT 1 Continued
LEGEND
A = CENTRAL ANGLE
P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRSC = 51B" IRON ROD W/ "KHA" CAP SET
IRF = IRON ROD FOUND
C.M. = CONTROLLING MONUMENT
BLOCK A, LOT 6
PROSPER CENTER /
BLOCK A, LOTS 1 R, 5 AND 6
(INST. NO. 2017-150) /
BLOCK A, LOT 1 R
/ SRKMR REAL ESTATE
PROSPER CENTER
HOLDINGS2, LLC
BLOCK A, LOTS 1 R, 5 AND 6
(INST. NO.2017-3737344)
(INST. NO. 2017-150) 5' TEMPORARY
CONSTRUCTION EASEMENT
0.0297 ACRES
1,293 SQ. FT.
RIGHT -OF -WAY —
DEDICATION
0.0348 ACRES
BLOCK A, LOT 5 1,518 SQ. FT.
PROSPER CENTER
BLOCK A, LOTS 1 R. 5 AND 6 \ P.O. B.
(INST. NO. 2017-150) Rsc
P.O.C. /
L1
RIGHT OF WAY DEDICATION---_ f
0.126 ACRES (5,475 SQ. FT.) 518" IRFC
DEDICATED THE TOWN OF (C /
PROSPERR (c
M"
IN FEE SIMPLE, M) / fJ
(INST NO.2017-150)
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202).
A metes EI bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately
sets out the metes and bounds of the right-of-way tract
MICHAEL C. BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-horn.com
RIGHT-OF-WAY DEDICATION
PART OF
LOT 1 R, BLOCK A
PROSPER CENTER
L. NETHERLY SURVEY,
ABST. NO. 962
TOWN OF PROSPER
DENTON COUNTY. TEXAS
REAL
Resolution No. 2023-42, Page 5
EXHIBIT 1 Continued
LINE TABLE
NO,
BEARING
LENGTH
L1
N65'36'43"E
26 67'
L2
N40°36'43"E
256.00'
L3
849"23'17"E
0,00'
L4
S40'36'43'W
250.00'
L5
S85-36'43'VU
RIGHT-OF-WAY DEDICATION
PART OF
LOT 1 R, BLOCK A
PROSPER CENTER
L. NETHERLY SURVEY,
ABST. NO. 962
TOWN OF PROSPER
DENTON COUNTY. TEXAS
Resolution No. 2023-42, Page 6
EXHIBIT 2
LEGAL DESCRIPTION
RIGHT-OF-WAY DEDICATION
BEING a 1.4393 acre (62,696 square foot) tract of land situated in the Collin County School Land Survey, Abstract
No. 147, Town of Prosper, Collin County, Texas; said tract being part of that tract of land described in Special
Warranty Deed with Vendor's Lien to Legacy and First LP recorded in Instrument No. 20200618000919920, Official
Public Records, Collin County, Texas; said tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the west end of a right-of-way comer clip at the
intersection of the south right-of-way line of Fishtrap Road (a variable width right-of-way) and the west right-of-way
line of Legacy Drive (a variable width right-of-way);
THENCE North 85°24'56" East, departing the said south line of Fishtrap Road, a distance of 95.22 feet to the
POINT OF BEGINNING; said point also being the northwest corner of said Legacy and First, LP tract;
THENCE North 83"18'20" East, along the north line of said Legacy and First, LP tract, a distance of 95.68 feet to a
5/8-inch iron rod with cap stamped "KHA" set for corner;
THENCE South 41 °52'52" West, departing the said north line of the Legacy and First, LP tract, a distance of 37.52
feet to a 5/8-inch iron rod with cap stamped "KHA" set for corner;
THENCE South 00°05'53" West, a distance of 154.48 feet to a 5/8-inch iron rod with cap stamped "KHA" set for
corner;
THENCE South 44"54'07" East, a distance of 21.21 feet to a 5/8-inch iron rod with cap stamped "KHA" set for comer;
THENCE South 00"05'53" West, a distance of 267.43 feet to a 5/8-inch iron rod with cap stamped "KHA" set for
corner;
THENCE South 45"05'353" West, a distance of 21.21 feet to a 5/8-inch iron rod with cap stamped "KHA" set for
corner:
THENCE South 04"31'00" West, a distance of 129.8 feet to a 5/8-inch iron rod with cap stamped "KHA" set for corner
at the beginning of a non -tangent curve to the right;
CONTINUED ON SHEET 2
RIGHT-OF-WAY DEDICATION
COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NO, 147
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
Resolution No. 2023-42, Page 7
EXHIBIT 2 (Continued)
LEGAL DESCRIPTION (CONTINUED)
THENCE in a southerly direction, with said non -tangent curve to the right with a radius of 1,460.00 feet, a central
angle of 16'29'01", and a chord bearing and distance of South 08°20'24" West, 418.58 feet and an arc distance of
420.03 feet to a 5/8-inch iron rod found for corner in the said east right-of-way line of Legacy Drive;
THENCE North 00°05'53" East, a distance of 1,012.24 feet to the POINT OF BEGINNING and containing 62,696
square feet or 1.4393 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes & bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the right-of-way tract described.
MICHAEL C. BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-hom.com
RIGHT-OF-WAY DEDICATION
• OF
COLLIN COUNTY SCHOOL LAND
�APoo STD ys
SURVEY, ABSTRACT NO. 147
TOWN OF PROSPER
;;;';;�;;�,; D;�,
COLLIN COUNTY, TEXAS
Resolution No. 2023-42, Page 8
EXHIBIT 2 Continued
PROSPER-LEGACY-FISHTRAP, LP _
(INST. NO. 2020-208905) LIS PENDENS
0 TOWN OF PROSPER
(INST NO. 2021-182988)
SA �
Fly z P.O.B.
i Ntla-24'56'E IRSC
9522' �1 —• —
40.28' r
� I
s/a" IRFC IRSC I TEMPORARY
"KHA"(c.M.)- I CONSTRUCTION
EASEMENT
P.O.C. m 1.5536 ACRES
BLOCK A, LOT 6 I -y co i J 67,677 SO. FT.
PROSPER CENTER ; r I
BLOCK A, LOTS 1R, 5 AND 6 I A Ill
(INST. NO.2017-150) M D J IRSC II LEGACY AND FIRST LP
o n` IRSC I_ (INST NO. 20200618000919920)
� �
x
o
I
M1'U17
T11
= Tl
I
O �
I
M
0 liq 100'
GRAPHIC SCALE IN FEET
I
LEGEND
LD
_ _I
L12
I
a = CENTRAL ANGLE
P O.C. = POINT OF COMMENCING
I
P.O.B = POINT OF BEGINNING
IRSC = 518" IRON ROD WI "KHA" CAP SET
IRF = IRON ROD FOUND
,
C.M. = CONTROLLING MONUMENT
MATCHLINE (SEE SHEET 4)
NOTES
RIGHT-OF-WAY
DEDICATION
1.4393 ACRES
62,696 SO. FT.
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202)
A metes & bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the plat of survey accurately
sets out the metes and bounds of the right-of-way tract.
MICHAEL C. BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558 MI
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-hom.com
RIGHT-OF-WAY DEDICATION
COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NO. 147
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
Resolution No. 2023-42, Page 9
EXHIBIT 2 Continued
MATCHLINE (SEE SHEET 3)
a� w
IRSC
I
T/7Jt1RSC
d'a0
(D�L�
oWa�
U
of � N
Y W p O
UIL_5Z
0 U)
m Y Z
d U —
O
m I
I
�I
l
r
5i6" IRF
(CM)
L14
RIGHT-OF-WAY
DEDICATION
1.4393 ACRES
62,696 SQ. FT.
LINE TABLE
NO.
BEARING
LENGTH
L1
N83'18'20"E
95.68'
L2
S41'52'52 W
37 52'
L3
SOO'05'53"W
154.48'
L4
S44'54'07"E
21.21'
L5
S00'05'53'W
267.43'
L6
S45"05'53'W
21,21'
FLaL7:
SO4'31'00"W
12980,
N00'05'53'E
1012 24'
[qm
0 50, 100' I
SCALE IN FEET
LINE TABLE
NO.
BEARING
LENGTH
L9
300'05'53 W
135 14'
L10
S14'54'07"E
115 91'
L11
S00'05'53 W
100 00'
L12
N89'54'07"W
35 00'
L13
SOO'05'53"W
183 04'
L14
N89°54'07"W
50.00'
L15
S48"30'32"E
547'
L16
S79'19'58"E
25 37'
CURVE TABLE
NO-
DELTA
RADIUS
LENGTH
CHORD BEARING
CHORD
C1
16'29'01'
1460 00'
420.03'
SOB'20'24"W
41858,
C2
9'15'55"
1480.00'
23933'
SO4'43'51"W
239,07'
C3
20`59'30"
1510.00'
553,23'
819"59'30"W
650,14'
TEMPORARY
CONSTRUCTION EASEMENT
1.5536 ACRES
/ N / 67,677 SQ. FT.
I^ �
LEGACY AND FIRST. LP
(INST NO 20200618000919920)
/ � O
/ / o
/ z
/ LOT 11X, BLOCK B
/—HILLS AT LEGACY PHASE 1
(INST. NO. 2023-75)
RIGHT-OF-WAY DEDICATION
COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NO. 147
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
Resolution No. 2023-42, Page 10
EXHIBIT 3
LEGAL DESCRIPTION
TRACT 1
BEING a 0.3124 acre (13,609 square foot) tract of land situated in the Collin County School Land Survey, Abstract
No. 147, Town of Prosper, Collin County, Texas; said tract being part of that tract of land described in Special
Warranty Deed with Vendor's Lien to Legacy and First LP recorded in Instrument No. 20200618000919920 of the
Official Public Records, Collin County, Texas; said tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the west end of a right-of-way comer clip at the
intersection of the south right-of-way line of Fishtrap Road (a variable width right-of-way) and the west right-of-way
line of Legacy Drive (a variable width right-of-way);
THENCE North 85°24'56" East, a distance of 95.22 feet to point for the northwest corner of said Legacy and First, LP
tract, and being in the east right-of-way line of said Legacy Drive;
THENCE along the said east right-of-way line of Legacy Drive, South 00'05'53" West, a distance of 171.14 feet to a
point; from said point a 518-inch iron rod with cap stamped "KHA" found for the north corner of Lot 10X, Block B, Hills
at Legacy, Phase 1, an addition to the Town of Prosper, Texas according to the plat recorded in Instrument No.
2017-212 of said Official Public Records bears South 00"05'53" West, a distance of 841.09 feet;
THENCE departing the said east right-of-way line of Legacy Drive, South 89°54'07" East, a distance of 70.00 feet to
the POINT OF BEGINNING;
THENCE the following six (6) calls:
South 89°54'07" East, a distance of 60,00 feet to a point for corner;
South 00°05'53" West, a distance of 297,43 feet to a point for corner;
North 89°54'07" West, a distance of 60.00 feet to a point for corner;
North 45'05'53" East, a distance of 21,21 feet to a point for corner;
North 00°05'53" East, a distance of 267,43 feet to a point for comer;
North 44°54'07" West, a distance of 21.21 feet to the POINT OF BEGINNING and containing 13,609 square
feet or 0.3124 acres of land, more or less.
DRAINAGE EASEMENT
COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NO. 147
TOWN OF PROSPER,
COLLIN COUNTY. TEXAS
Resolution No. 2023-42, Page 11
EXHIBIT 3 (Continued)
LEGAL DESCRIPTION
TRACT 2
BEING a 0.0338 acre (1,471 square foot) tract of land situated in the Collin County School Land Survey, Abstract
No, 147, Town of Prosper, Collin County, Texas; said tract being part of that tract of land described in Special
Warranty Deed with Vendor's Lien to Legacy and First LP recorded in Instrument No. 20200618000919920 of the
Official Public Records, Collin County, Texas; said tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the west end of a right-of-way corner clip at
the intersection of the south right-of-way line of Fishtrap Road (a variable width right-of-way) and the west
right-of-way line of Legacy Drive (a variable width right-of-way);
THENCE North 85°24'56" East, a distance of 95.22 feet to point for the northwest corner of said Legacy and First,
LP tract, and being in the east right-of-way line of said Legacy Drive;
THENCE along the said east right-of-way line of Legacy Drive, South 00"05'53" West, a distance of 820.61 feet to a
point; from said point a 5/8-inch iron rod with cap stamped "KHA" found for the north corner of Lot 10X, Block B, Hills
at Legacy. Phase 1, an addition to the Town of Prosper, Texas according to the plat recorded in Instrument No.
2017-212 of said Official Public Records bears South 00°05'53" West, a distance of 191.62 feet;
THENCE departing the said east right-of-way line of Legacy Drive, South 48°30'32" East, a distance of 29.15 feet to
the POINT OF BEGINNING;
THENCE the following six (6) calls:
South 79'19'58" East, a distance of 25.68 feet to a point for corner;
South 10'40'02" West, a distance of 33.00 feet to a point for corner;
North 79"19'58" West, a distance of 30.00 feet to a point for corner,
North 10'30'41" East, a distance of 12-31 feet to a point for corner;
North 48°30'32" West, a distance of 23.45 feet to a point for comer, and being the beginning of a non -tangent
curve to the left with a radius of 1,460.00 feet, a central angle of 00°55'38", and a chord bearing and distance
of North 09"19'58" East, 23.62 feet;
In a northerly direction, with said non -tangent curve to the left, an arc distance of 23.62 feet to the POINT OF
BEGINNING and containing 1.471 square feet or 0.0338 acres of land, more or less.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202),
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the easement tract.
DRAINAGE EASEMENT
OF
COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NO. 147
M3CHAEL C. BILLINGSLEY
�:'
��
TOWN OF PROSPER,
REGISTERED PROFESSIONAL
..
COLLIN COUNTY, TEXAS
LAND SURVEYOR NO, 6558
MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET,
...............................
6558
UNIT 11 SUITE 1300
WORTH,
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Kimley)))Horr
FORT TEXAS 76102
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michael.billingsley@kimley-hom.com
ai& I an= I Gra 2a I :UgJL
Resolution No. 2023-42, Page 12
EXHIBIT 3 (Continued
FISHTRAP ROAD NORTH
ram•
L1 � 0 50 104
5/8" IRFC GRAPHIC SCALE IN FEET
'KHA" (C.M.) I T
LEGACY AND FIRST, LP
P O r1 JI I (INST NO, 20200618000919920)
v 9T
I 0�
BLOCK A, LOT 6 J)
PROSPER CENTER 0 P.O.B.
BLOCK A, LOTS 1 R, 5 AND 6 °� (TRACT 1)
(INST. NO. 2017-150) L3 L4
UJ }
LLI
p —TRACT 1
LINE TABLE
NO.
BEARING
LENGTH
1_1
N85'24'56"E
95 22'
L2
S00"05'53'W
171.14'
L3
S89°54'07"E
70.00'
L4
I S89-54'07"E
60.00'
L5
N89`54'07'111/
60 00'
L6
N45°05'53"E
2121'
L7
N44°54'07'"W
2121'
ti
0.3124 ACRES
U a
N
13,609 SQ. FT.
rQ
w <Y
J 7
x
¢
a
u�7
O
C
�
Z
N
2�I
LW
LEGEND
L5
P.O.C. = POINT OF COMMENCING
0
P.O.B. = POINT OF BEGINNING
� IRF =IRON ROD FOUND
518" IRF I C.M. = CONTROLLING MONUMENT
�j����s..�
NOTES: MATCH LINE (SEE SHEET 4)
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202),
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the easement tract.
DRAINAGE EASEMENT
0 F
COLLIN COUNTY SCHOOL LAND
w
gyp• 'sT
`'�:'
SURVEY, ABSTRACT NO. 147
IAICHAEL C. BILLINGSLEY
b '.
# `k
TOWN OF PROSPER,
REGISTERED PROFESSIONAL
COLLIN COUNTY, TEXAS
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET,
UNIT 11 SUITE 1300
�q POF �`
Kimley))Horr
FORT WORTH, TEXAS 76102
Jt`P'
i=S51• �
�•••"•.......•
PH. 817-335$511
y
0 5 v E
Sol Cherry Sueet. U6111, M1.1G[1 Tel Wa 817)
Fat ABM, rexae 76102 101W40 wow. amlavh
michael.billingsley@kimley-horn.com
y&* 1 2&zk 2 2"" 1 D=
Resolution No. 2023-42, Page 13
EXHIBIT 3 (Continued)
MATCH LINE (SEE SHEET 3)
�>_» � 0..... �...>_
LINE TABLE
NO
BEARING
LENGTH
L8
N89'53'57'1N
42.93'
L9
348°30'32"E
29.15'
L10
S79'19'58"E
25.68'
1-11
S10°40'02'V1
33.00'
L12
N79°19'58'W
30.00'
L13
N10°30'41"E
12,31'
L14
N48°30'32"W
23.45'
I�
0
O
�U.
U I
I
I � o q
x
0 Z P.O.B.
} ra (TRACT 2)
U a X I
h[7R7},
u sn
t FW'-IC SCALE INPCET
I
w
3:I
19
Q
LB
i (.D
m c+
L10
J
a
TRACT 2
'a
L11
v
0.0338 ACRES
1,471 SQ. FT.
112
BLOCK A, LOT 6
to
L13
PROSPER CENTER
I$
1.14
BLOCK A, LOTS 1 R, 5 AND
6
(INST. NO. 2017-150)
518" IRF
LEGACY AND FIRST, LP
(INST. NO. 20200618000919920)
/
/
/
LOT 1 OX, BLOCK B
HILLS AT LEGACY, PHASE 1
(INST. NO. 2017-212)
/
/
CURVE
TABLE
/
NO.
DELTA
RADIUS
LENGTH
CHORD BEARING
CHORD
C1
0-55'38"
1460.00'
23,62'
N09°19'58"E
23.62'
DRAINAGE EASEMENT
COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NO. 147
TOWN OF PROSPER,
COLLIN COUNTY, TEXAS
LEGEND
CENTRAL
Kimley*Horn
P0.C. =POINTOFCOMMENCING
P.O.B. = POINT OF BEGINNING
ea+",,-
S"A
u,M,+ i-'W
IRF = IRON ROD FOUND
Fon Abm, ram* 16102 PIMA It la 19-NI) .Awuckndrr �nmo
C.M. = CONTROLLING MONUMENT
2012 1 a')=U I
221ki1L[
I QM
Resolution No. 2023-42, Page 14
EXHIBIT 4
LEGAL DESCRIPTION
BEING a 0.2187 acre (9,525 square foot) tract of land situated in the Collin County School Land Survey, Abstract No.
147, Town of Prosper, Collin County, Texas; said tract being part of that tract of land described in Special Warranty
Deed with Vendor's Lien to Legacy and First LP recorded in Instrument No. 20200618000919920 of the Official
Public Records, Collin County, Texas; said tract being more particularly described as follows:
COMMENCING at a 5/8-inch iron rod with cap stamped "KHA" set for the west end of a right-of-way corner clip at the
intersection of the south right-of-way line of Fishtrap Road (a variable width right-of-way) and the west right-of-way
line of Legacy Drive (a variable width right-of-way);
THENCE North 85°24'56" East, a distance of 95.22 feet to point the northwest comer of said Legacy and First,
LP tract, and being in the east right-of-way line of said Legacy Drive;
THENCE along the said east right-of-way line of Legacy Drive, South 00°05'53" West, a distance of 72.66 feet
to a point; from said point a 5/8-inch iron rod with cap stamped "KHA" found for the north corner of Lot 10X,
Block B, Hills at Legacy, Phase 1, an addition to the Town of Prosper, Texas according to the plat recorded in
Instrument No. 2017-212 of said Official Public Records bears South 00°05'53" West, a distance of 939.58
feet;
THENCE departing the said east right-of-way line of Legacy Drive, South 89°53'07" East, a distance of 70.00
feet to the POINT OF BEGINNING;
THENCE the following ten (10) calls:
South 89"52'28" East, a distance of 24.00 feet to a point for corner;
North 00"05'53" East, a distance of 22.97 feet to a point for comer;
North 87"22'39" East, a distance of 20.02 feet to a point for comer;
South 00°05'53" West, a distance of 417.70 feet to a point for corner;
South 45'15'49" West, a distance of 66.96 feet to a point for corner;
North 04°31'00" East, a distance of 30.64 feet to a point for corner;
North 45'15'49" East, a distance of 35.43 feet to a point for corner;
North 00°05'53" East, a distance of 375.46 feet to a point for corner;
North 89'52'28" West, a distance of 24.00 feet to a point for corner;
North 00°05'53" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 9,525 square feet
or 0.2187 acres of land, more or less.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets
out the metes and bounds of the easement tract.
f
4 wfij
OF
_
apt •..:.•-a
MICHAEL C. BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSL
801 CHERRY STREET, •••
........................
UNIT 11 SUITE 1300
= 0 6558
FORT WORTH, TEXAS 76102
r'E55t��o+
PH. 817-335-6511
S U R `1 ° A
michael-billingsley@kimley-horn.com
WATER EASEMENT
COLLIN COUNTY SCHOOL LAND
SURVEY, ABSTRACT NO. 147
TOWN OF PROSPER,
COLLIN COUNTY, TEXAS
DWG
Resolution No. 2023-42, Page 15
FISHTRAP ROAD
I
BL
PRO
BLOCK A,
(INST.
PROS
LINE T
NO. B
Li N8
L2 SO
L3 S8
L4 SO
L5 NO
L6 NO
L7 S4
L8 NO
1-9 N4
L70 NO
L11 N8
L12 NO
NOTES:
EXHIBIT 4 Continued
5
9
L�
71
]— L4—
P.O.C. - �L3
OCKA, LOTS I P'O•q.
CENTER L12
LOTS 1R, 5 AND 6
NO. 2017-150) ¢
LL.I �+ a
ABLE ' tL
w
I�
EARING LENGTH y C?5'24'56"E 95 22' ' jr 0
0"05'S3"W 72.66' { } z L10
9.54'07"E 70.00'
9"52'28"E 24 00' (D w
0.05'53"E 22,97' J
7°22'39"E 20,02' ¢
"15'49'W 66.96'
4.31'00"E 30.64' MI
rn
5"15'49"E 35.43'
0"05'53"E 375.46' I
1
"52'28"W 24.00' N L8�
0.05'53"E 10,00' 5/8• IMF
(C. M. )
I I
t3f71t�li
f GRAPHIC SCALE IN FEET
1 )20' WATER LINE EASEMENT
(INST. NO, 20190904001085610)
Li
LEGACY AND FIRST, LP
(INST NO. 20200618000919920)
0
n
] r
0.2187 ACRES
9,525 SQ. FT.
3 Ln
O Q
0
U)
of
a
w
Cal
al
LEGEND
P.O.0 = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
IRF = IRON ROD FOUND
C.M. = CONTROLLING MONUMENT
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out
the metes and bounds of the easement tract.
WATER EASEMENT
�� L�[
�E OF
COLLIN COUNTY SCHOOL LAND
j
�P.ST a
C:I
SURVEY, ABSTRACT NO. 147
MICHAEL C. BILLINGSLEY
*I.1.
TOWN OF PROSPER,
REGISTERED PROFESSIONAL
COLLIN COUNTY, TEXAS
LAND SURVEYOR NO. 6558
iNICHAEL CLEO BILLINGSLEY
801 CHERRY STREET,
: ••••••••••••:
UNIT 11 SUITE 1300
'• aP 6558 ..
�9q'
Kimley))Horn
FORT WORTH, TEXAS 76102
a�
t •U
501 Ct—v It—
era
�I s
•�R7
•e %n
.017,s7S8511
PH. 817-335-6511
p S
R F
Fart W.M. T... 75102 FIRM. 10110. ww kI.Iay-h—,—
michael.billingsley@kimley-horn.com
Sr.. I
kn5A 11
21111 pmsa'4.N. IShee1N
Resolution No. 2023-42, Page 16