2020-37 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2020-37
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY
0.0155 ACRES OF LAND FOR RIGHT OF WAY FOR THE CONSTRUCTION OF
THE PROSPER TRAIL IMPROVEMENTS, COIT ROAD TO CUSTER ROAD
PROJECT SAID PROPERTY LOCATED IN THE SPENCER GRAHAM SURVEY,
ABSTRACT NO. 359, TOWN OF PROSPER, COLLIN 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 0.0155 acres of real property for right-of-way, situated generally in
the Spencer Graham Survey, Abstract No. 359, in the Town of Prosper, Collin County, Texas and
being part of a called 15.75-acre tract of land as recorded in Volume 1804, Page 100 of the Deed
Records of Collin County, Texas (D.R.C.C.T.), Town of Prosper, Collin County, Texas; (the
"Property") and more particularly described and depicted in Exhibits A and B, which is attached
hereto and incorporated herein for all purposes, is appropriate for use as the location of the
Prosper Trail Improvements, Coit Road to Custer Road 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 Prosper Trail
Improvements, Coit Road to Custer Road 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 PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, BY A VOTE OF 7 TO 0 ON THIS T 12TH DAY F MAY, 2020.
Ray Smith Mayor
ATTEST:
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OF PR ''•,
Melissa Lee, own S re ary ��. , . • • . a�
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APPROVED AS TO FORM AND LEGALITY:
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Terrence S. Welch, Town Attorney ' • - . • • .
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Resolution No. 2020-37, Page 2
EXHIBIT A
FIELD NOTES DESCRIBING A 676 SQUARE FOOT (0.0155 ACRE) TRACT
PART OF THE MICHAEL W. REEVES TRACT
SITUATED IN THE
SPENCER GRAHAM SURVEY, ABSTRACT NO. 359
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
BEING 676 square feet of land situated in the Spencer Graham Survey, Abstract Number
359 in the Town of Prosper, Collin County, Texas, and being part of a called 15.75 acre
tract of land described in Warranty Deed with Vendor's Lien to Michael W. Reeves and
wife, Jane G, Reeves, as recorded in Volume 1804, Page 100 of the Deed Records of
Collin County, Texas (D.R.C.C.T.), and being more particularly described by metes and
bounds as follows:
COMMENCING at a "PK" nail found on the west line of said 15.75 acre tract, same being
the southwest corner of a 0.265 acre tract described in deed to the County of Collin, as
recorded in Volume 4847, Page 1757 (D.R.C.C.T.), being on the existing south right-of-
way line of Prosper Trail (a variable width right-of-way), and also being on the east line of
a 26.508 acre tract of land described in deed to WFEC Holding Company, LP, as recorded
in Document Number 20181026001336580 (D.R.C.C.T.);
THENCE South 89 degrees 50 minutes 51 seconds East, departing said west line and
with the south right-of-way line of said Prosper Trail, being the south line of said 0.265
acre tract, a distance of 118,14 feet to a point (to be set) for the POINT OF BEGINNING;
THENCE South 89 degrees 50 minutes 51 seconds East, continuing with said south right-
of-way line and the south line of said 0.265 acre tract, a distance of 55,12 feet to a point
for corner;
THENCE North 89 degrees 08 minutes 02 seconds East, continuing with said south lines,
a distance of 61,80 feet to a PK nail with a washer stamped "Halff' set for the southeast
corner of said 0.265 acre tract, said point being on the east line of said 15.75 acre tract,
and the west line of Preston Country Lane, (a 25-foot right-of-way dedicated by Plat
recorded in Volume F, Page 595, Plat Records, Collin County, Texas);
THENCE South 34 degrees 50 minutes 15 seconds East, with the common west right-of-
way line of Preston Country Lane and east line of said 15.75 acre tract, a distance of 8.03
feet to a PK nail with a washer stamped "Halff' (to be set) for corner;
THENCE departing said common line, and over and across said 15.75 acre tract the
following bearings and distances:
South 89 degrees 07 minutes 40 seconds West, a distance of 83.37 feet to a point
(to be set) for corner;
Page 1 of 3
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Resolution No. 2020-37, Page 3
EXHIBIT A (Continued)
North 79 degrees 29 minutes 50 seconds West, a distance of 38.79 feet to the
POINT OF BEGINNING AND CONTAINING 676 square feet or 0.0155 acres of
land, more or less.
All corners noted as (to be set) in these field notes will be set as 112-inch Iron rods with
yellow plastic caps stamped "Halff" (or other reasonable monumentation) within 30 days
of the notification of the recording of the deed ❑t the pi-operty described herein.
Basis of Bearing is the Texas State Plane Coordinate System, North Central Zone (4202), North
American Datum of 1983. All distances are surface distances. Surface Adjustment Scale Factor:
1.00015271 (TxDot Collin County)
This Legal Description and corresponding Exhibit were prepared without the benefit of a title
commitment.
A-1 J/L /nA 'n5 2'0.i0
ANDREW J. AFER
REGISTERR D PROFESSIONAL LAND SURVEYOR
TEXAS NO. 5017
TBPELS Firm No. 10029600
ANDREW J. 6kFER )� 0t..'... '5017
Page 2 of 3
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Resolution No. 2020-37, Page 4
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Resolution No. 2020-37, Page 5