19-47 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 19-47
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 1.222
ACRES OF LAND FOR RIGHT OF WAY AND 0.483 ACRES OF LAND FOR
TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF
THE FISHTRAP ROAD/TEEL PARKWAY INTERSECTION IMPROVEMENTS
PROJECT SAID PROPERTY LOCATED IN THE L. NETHERLY SURVEY,
ABSTRACT NO. 962, 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 1.222 acres of Right of Way and 0.483 acres of Temporary
Construction Easement situated in the L. Netherly Survey, Abstract No. 962, Town of Prosper,
Denton County, Texas; (the "Property") and more particularly described and depicted in Exhibits
A and B, which are attached hereto and incorporated herein for all purposes, is appropriate for
use as the location of the Fishtrap Road/Teel Parkway Intersection Improvements 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 Fishtrap Road/Teel
Parkway Intersection Improvements 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.
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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 PASS(` %III #�%PVED
PROSPER, TEXAS,` UtIO �l�� TO
ATT7E
"J41
Robyn 9ttle, Town'Segr
BY THE TOWN COUNCIL OF THE TOWN OF
-ON THIS THE 25TH DAY OF JUNE, 2019.
Ray Smith, ayor
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 19-47, Page 2
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ENGINEERING L NETHERLY SURVEY, A-962
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ED I DKB I I' - 3W' 1 5/21/1j 1 DENTON COUNTY, TEXAS
Resolution No. 19-47, Page 3
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EXHIBIT A (Continued)
EXHIBIT "A'
BEING a tract of land sitaated it the L. Netherly 1ur:ey, Abstract No. 962, Towr of Prosper. Dentor
Courty, Texas, the subject tract beirg a portion ::- o -ract of lard conveyed to Two Partners,
LLP, and the Julia d Gray Trust, according to the leej recorded in Document No. 2008-50523 of
the Official Publie Records, Denton County. Tux<a:, (CPR1CT). wit11 *,he sjbjeut trot-t beirg more
particularly described as follows:
BEGINNING at a 1 /2" iron rod with plastic cap stamped "SPIARSENG" set or the west lire of Parks
at Legacy Phase II, an addition recorded in Document No 2017-1'7, Plat Records, Denton Courty,
Texas, and or the east line of said Two—. tract, from said poirt an "x" Fourd ir. corcrete for the
irtersectier of Clearwater give and Grove 'vale Drive, created by said plr—r, bears S 38'51'54" E,
229.33 *ePt;
THENCE through said Twc—J tract, the fallowing:
5 88757'25" W. 21 D6.2' Feet to a 1 /2" iror rod with plastic cop stamped "SPIARSENG" set;
S 85'44'55" W, 178 E6 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 88'57'25" W, 1 1 F_C4 feet to a 112" iron rod with plastic cap stamped "SPIARSENG" set;
S 43'28'08" W, 31.6C feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
S 04'03'43" E, 178.79 feet to a 112" ircr rod with plastic cap stamped "SPIARSENG" set,
S 03'45'07" W, 150 34 fee- to a 1 /2" iron rad with plastic cap stamped "SPIARSENG" set:
S 00'03'43" E, 100.00 feet to a 112" iron rod with plastic cap stamped "SPIARSENG" set;
And S 99'56'17" W. 60.00 feet to an "x" set in corcrete or the approximate centerline (proposed)
cf Teel Parkway, a variable width public right-of-way, and *rcm which ar "X" found in concrete
for the southwest corner of said Two-i -ract bears S DO'00' 1 7" W, 2219 v9 feet;
THENCE N 00'03'43" W, 468.24 feet along the west line of said Two tract and the approximate
centerline of Teel Parkway to south line of a 5C' right-of-way dedication for Fishtrop Road
recorded it Volume 228, Page 450 DRDCT:
THENCE N 88757'26" E, 2494.30 feet along the south line of said 60' right-oF-way dedication to a
point it the east line of said Two tract;
THENCE S 30'21'09" W, 8.10 feet alcrg the east line of said Two-,i tract to the POINT OF
BEGINNING with fhe subject tract contairirg 53,237 square feet or 1.222 acres of land.
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R.O.W. DEDICATION EXHIBIT `"9 A°fs�
L_ NETHERLY SURVEY, A-962
TOWN OF PROSPER
DENTON COUNTY, TEXAS
Resolution No. 19-47, Page 4
DARREN K_ BROWN, R.P.LS SM
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EXHIBIT B
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31 60 el Construction
Easement
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S P I A R S TEMPORARY CONSTRUCTION EASEMENT
ENOINEERINO L. NETHERLY SURVEY, A-962
ai.r 4-erkea Ecde• oore 7—,* No TOWN OF PROSPER
Bl DKe t' - 100 1 5/21/19 1 1e-103 DENTON COUNTY, TEXAS
Resolution No. 19-47, Page 5
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EXHIBIT B (Continued)
EXHIBIT "B"
BEING a tract of land situated in the L. Nefl rl, :survey, Abstract No. 962, Towr of Prosper, Denton County,
Texas, the subject tract being a portior of :i It i " ,f land conveyed to Two partners, LLP, and the Julia J
Cray Trust, according to the deed recordrd it ir-,ent No. 2C'Jd-50523 of tie Official Public Records, Dentor
Coin^.y. Texas (CPROCT, with the subject trJL:t tcir A more particularly described as follows:
BEGINNING at a 1/2' iron rod with plastic cop stamped "SPIARSENG" set, from which or "X" tcund it concrete
for the soithwest corner of said Two—.: tract bears S 0'•33'' 2" W. 2219.97 feet, being on tle cast line of a
proposed right —of —May dedication;
THENCE along said dedication, the fAowirg:
N GO'O3'43' W. 100 DO feet to a 1/2" iron rod vnF plastic cap stamped "SoIARSENC" set,
N 03'45'07- E '50.34 feet to a 1/2' iror rod with plastic cap starnped "SPIARSE43" set;
N 00'03'43" W. 178 79 feet to a 1/2" iron rod with plastic cap stun ped "SPWRSENC- set.
N 43'28'08" E, 31 60 feet to q '/2" iron rod with plastic cop stomped "SPIARSENG" set;
N 88'S7'26" E. 118.04 feet to a 1/2' iron rod with plastic cap stamped "SFIARSENG" set;
N 85'44'55" E, ' 78.66 feet to a 1/2" firer rod with plastic cap stamped "SFIARSEN3" set;
And N 38-57'26" E. 135.18 feet to a point for comer;
THENCE dcparting said dedication, the following:
S O''02'34" E. 25.00 feet to a point from which an "X" fo and in concrete for the intersection of Clrurwitcr
Drive and Grove vale Drive, crecred by the final plot of Legacy Fhgse 11, an addition recorded in cccurrer- va.
201 7—' ' 7, Plat Records. Denton County. Texas, bears S 8652'24" E. 214?.34 •eet:
S 88'57'26" W. 104.48 feet to a paint for corner;
S 85'44'55" W. 178.66 feet to a point for corner:
S 88'57'26" W. 108.26 fee.. to a point for corner;
S 43'28'08" W. 11,14 feet to a point for corner.
S 010'03'43" E, 169 64 feet to a poirt for comer,
S 03'45'07" W, 15034 feet to a point for corner;
S 00'03'43" E. 99.17 feet to a point for corner,
And S 89-56'17- W, 25.00 feet to the POINT OF BEGINNING with the subject
!Tact containing 21,054 square feet or 0.483 acres of land.
,SPIRRS
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1f-103
PAGE 1 OF 2
TEMPORARY CONSTRUCTION EASEMENT
L_ NETHERLY SURVEY, A-962
TOWN OF PROSPER
DENTON COUNTY, TEXAS
Resolution No. 19-47, Page 6
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