2020-38 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2020-38
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY
0.0938 ACRES OF REAL PROPERTY FOR RIGHT-OF-WAY AND 0.0416
ACRES OF REAL PROPERTY FOR GRADING EASEMENT FOR THE
CONSTRUCTION OF THE PROSPER TRAIL IMPROVEMENTS, COIT ROAD
TO CUSTER ROAD PROJECT SAID PROPERTY LOCATED IN THE LARKIN
MCCARTY SURVEY, ABSTRACT NO. 600, 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 0.0938 acres of real property for right-of-way and 0.0416 acres of
real property for grading easement, situated generally in the Larkin McCarty Survey, Abstract No.
600, in the Town of Prosper, Collin County, Texas and being part of Lot 1 of Preston Country
Estates as recorded in Volume F, Page 595 of the Plat Records of Collin County, Texas
(P.R.C.C.T.) and as recorded in Instrument Number 92-0054135 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 thru D, which are 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 TrZTP DAY OF MAY, 2020.
Ray Smlt , Mayor
ATTEST:
Melissa Lee, T wn cretary rdr
7Z
APPROVED AS TO FORM AND LEGALITY:
w
,I„ } -1914
Terrence S. Welch, Town Attorney rrr, • ?' • • • • �.`�
Resolution No. 2020-38, Page 2
EXHIBIT A
FIELD NOTES DESCRIBING A 4,087 SQUARE FOOT (0.0938 ACRE) TRACT
PART OF THE KENNETH WAYNE POYNER TRACT
SITUATED IN THE
LARKIN MCCARTY SURVEY, ABSTRACT NO. 600
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
BEING 4,087 square feet of land situated in the Larkin McCarty Survey, Abstract Number
600 in the Town of Prosper, Collin County, Texas, and being part of Lot 1 of Preston
Country Estates, an addition to the Town of Prosper, Collin County, Texas as recorded in
Volume F, Page 595 of the Plat Records of Collin County, Texas (P.R.C.C.T.), and being
part of tract of land described in Warranty Deed with Vendor's Lien to Kenneth Wayne
Poyner and wife, Rita Dawn Poyner, as recorded in Instrument Number 92-0054135 of
the Deed Records of Collin County, Texas (D.R.C.C.T), and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1/2-inch iron rod with a plastic cap stamped "GEER" found on the west
line of said Poyner tract, same being the southwest corner of a 0.173 acre tract of land
described in deed to the County of Collin, as recorded in Volume 4754, Page 497
(D.R.C.C.T), being in the west line of said Lot 1, and being the northerly point of a corner
clip located at the intersection of the existing south right-of-way line of Prosper Trail (a
variable width right-of-way, established by Volume 4754, Page 497) with the existing east
right-of-way line of Preston Country Lane (a 25 foot -wide right-of-way dedicated by said
plat recorded in Volume F, Page 595);
THENCE North 89 degrees 08 minutes 53 seconds East, departing said west lot line and
said east right-of-way line and with the south right-of-way line of said Prosper Trail, being
the south line of said 0.173 acre tract, a distance of 69.57 feet to a 1/2-inch iron rod with
a yellow plastic cap stamped "HALFF" set for corner;
THENCE departing said south line, and over and across said Lot 1 the following bearings
and distances:
South 44 degrees 07 minutes 40 seconds West, a distance of 19.50 feet to a point (to
be set) for corner;
South 00 degrees 52 minutes 20 seconds East, a distance of 23.03 feet to a point (to
be set) for the beginning of a tangent circular curve to the left, having a radius of
225.00 feet and a chord that bears South 16 degrees 24 minutes 38 seconds East, a
distance of 120.55 feet;
Southerly with said curve, through a central angle of 31 degrees 04 minutes 35
seconds, an arc distance of 122.04 feet to a 1/2-inch iron rod with a yellow plastic cap
stamped "HALFF" on the common west line of said Lot 1 and east line of said Preston
Country Lane;
Pagel of 3
LD0.094Ac-PoyncrR0W.doc
Resolution No. 2020-38, Page 3
EXHIBIT A (Continued)
THENCE North 34 degrees 50 minutes 16 seconds West, with said common line, a
distance of 158.34 feet to a 1/2-inch iron rod found for corner, same being the most
southerly point of the aforementioned corner clip at the intersection of the said east right-
of-way line of Preston Country Lane with said south right-of-way line of Prosper Trail;
THENCE North 00 degrees 09 minutes 55 seconds East, continuing along said common
line, and with said corner clip, a distance of 21.67 feet to the POINT OF BEGINNING
AND CONTAINING 4,087 square feet or 0.0938 acres of land, more or less.
All corners noted as (to be set) in these field notes will be set as 1/2-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 of the property 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 -AX- MAY 4. 2020
ANDREWJ.SHAFER
REGISTERRED PROFESSIONAL LAND SURVEYOR
TEXAS NO. 5017
TBPELS Firm No. 10029600
ANt7R W J. 5Ff4
1 � 5017
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Page 2 of 3
LD0.094Ac-PoynerRO W.doc
Resolution No. 2020-38, Page 4
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Resolution No. 2020-38, Page 5
EXHIBIT C
GRADING EASEMENT
FIELD NOTES DESCRIBING A 1,811 SQUARE FOOT (0.0416 ACRE) TRACT
PART OF THE KENNETH WAYNE POYNER TRACT
SITUATED IN THE
LARKIN MCCARTY SURVEY, ABSTRACT NO. 600
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
BEING 1,811 square feet of land situated in the Larkin McCarty Survey, Abstract Number
600 in the Town of Prosper, Collin County, Texas, and being part of Lot 1 of Preston
Country Estates, an addition to the Town of Prosper, Collin County, Texas as recorded in
Volume F, Page 595 of the Plat Records of Collin County, Texas (P.R.C.C.T.), and being
part of that tract of land described in Warranty Deed with Vendor's Lien to Kenneth Wayne
Poyner and wife, Rita Dawn Poyner, as recorded in Instrument Number 92-0054135 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 1/2-inch iron rod with a plastic cap stamped "GEER" found on the
west line of said Poyner tract, same being the southwest corner of a 0.173 acre tract of
land described in deed to the County of Collin, as recorded in Volume 4754, Page 497
(D.R.C.C.T), being in the west line of said Lot 1, and being the northerly point of a corner
clip located at the intersection of the existing south right-of-way line of Prosper Trail (a
variable width right-of-way, established by Volume 4754, Page 497) with the existing east
right-of-way line of Preston Country Lane (a 25 foot -wide right-of-way dedicated by said
plat recorded in Volume F, Page 595);
THENCE North 89 degrees 08 minutes 53 seconds East, departing said west lot line and
said east right-of-way line and with the south right-of-way line of said Prosper Trail, being
the south line of said 0.173 acre tract, a distance of 173.59 feet to a 1/2-inch iron rod with
a blue plastic cap stamped "HALFF ESMT" set for the POINT OF BEGINNING;
THENCE North 89 degrees 08 minutes 53 seconds East, continuing with said south line,
a distance of 246.58 feet to a 1/2-inch iron rod with a yellow plastic cap stamped "HALFF"
set at the southeast corner of said 0.173 acre tract, and being on the common east line
of said Lot 1, and west line of Lot 6 of said Preston Country Estates;
THENCE South 00 degrees 13 minutes 27 seconds West, departing said south line, with
the common east line of said Lot 1 and west line of said Lot 6, a distance of 13.26 feet to
a point for corner;
THENCE departing said common line, and over and across said Lot 1 the following
bearings and distances:
North 88 degrees 06 minutes 36 seconds West, a distance of 33.63 feet to a point
for corner;
Ld0.0416Ac-(rradeEsm t-Poyner,doe
Page 1 of 3
Resolution No. 2020-38, Page 6
EXHIBIT C (Continued)
North 85 degrees 43 minutes 11 seconds West, a distance of 50.20 feet to a point
for corner;
South 87 degrees 45 minutes 11 seconds West, a distance of 50.01 feet to a point
for corner;
North 87 degrees 42 minutes 03 seconds West, a distance of 50.08 feet to a point
for corner;
North 85 degrees 55 minutes 58 seconds West, a distance of 50.19 feet to a point
for corner;
North 84 degrees 55 minutes 37 seconds West, a distance of 12.80 feet to the
POINT OF BEGINNING AND CONTAINING 1,811 square feet or 0.0416 acres of
land, more or less.
Basis of Bearing Is the Texas State Plane Coordinate System, North Central Zone (4202), North
American Datum of 19E13. All distances are surface distances. Surface Adjustment Scale Faclor
1.00015271. (TxDot Collin County).
This Legal Description and corresponding Exhibit were prepared without the benefit of a title
commitment.
it t MAC! 4, 20:20
ANDRErW J. SIAAFER
REGISTERRED PROFESSIONAL LAND SURVEYOR
TEXAS NO, 5017
TBPELS Firm No. 10029600
ANDREW J. SHAFER
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Resolution No. 2020-38, Page 7
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