R-2023-82 Declare Public Necessity to Acquire Water Line Easements & Temp Construction FM 1461 12 inch Water Line Relocation ProjectTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2023-82
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 TOWN'S FM 1461 12-INCH
WATER RELOCATION 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 Preston Road (SH 289) east
along the southern side of FM 1461 approximately two -miles to Custer Road for the construction
of the Town's FM 1461 12-inch Water Line Relocation 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 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
PROSPER, TEXAS, BY
2023.
ATTEST:
AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
A VOTE OF 7 TO d ON THIS THE 12TH DAY OF DECEMBER,
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Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney
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David F. Bristol, Mayor
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1914
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Resolution No. 2023-82: Page 2
EXHIBIT 1
FM 1461 Water Line Easement Acquisition
Tx DOT PROPOSED ROW LINE •---•^-• • • • ----
Overall Location Map PROPOSED WATERLINE ALIGNMENT
'TEMPORARY CONSTRUCTION EASEMENT ONLY
PARCELR
OWNER
PARCEL#
OWNER
PARCEL#
OWNER
1
AEMIOGION PRESTONtLC
7'
ZUEHL SCOTTM& CHRISTY JO ZUEHL
15'
KAMBOJI ABHIMANYU
Za
MERITAGE HOMES OF TEXAS LLC/ FRONTIER ESTATES PHASE 2
a
TWIN CREELS PROSPER LLC
16'
OSI PARTNERS LLC
2b
MERITAGE HOMES OF TEXAS LLC/ FRONTIER ESTATES PHASE 2
9
NIAZ ARSHAD
17'
CASHON NANCY
3,1
CHRISTIAN CHAPEL ASSEMBLY OF GOD
10
OM FRONTIER ESTATES LLC
la'
PAOPSER$TORAGE IP
3b
CHRISTIAN CHAPEL ASSEMBLY OF GOD
11'
AMBERWOOD FARMS HOMEOWNERS ASSN INC
4'
WHITE R L LIVING TRUST
12
DUNN RODNEY W & CHARLA
S•
HE JIANMING
13
NAVA LUIS C & CLAUDIA
6•
DA HOOD TRUST
14
JOHNSON PHILUP
Resolution No. 2023-82: Page 3