2020-39 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2020-39
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY
0.0767 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 0.0767 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 6 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 recoded in Instrument Number
20130611000803820 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 THE 12TH DAY MAY, 2020.
4LI�
Ray Smit , Mayor
ATTEST:
Melissa Lee, To n Secretary • ' • '��
APPROVED AS TO FORM AND LEGALITY: =
Terrence S. Welch, Town Attorney �'•,TAX A� ��•`\
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Resolution No, 2020-39, Page 2
EXHIBIT A
GRADING EASEMENT
FIELD NOTES DESCRIBING A 3,339 SQUARE FOOT (0.0767 ACRE) TRACT
PART OF THE QIANG WU TRACT
SITUATED IN THE
LARKIN MCCARTY SURVEY, ABSTRACT NO. 600
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
BEING 3,339 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 6 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 General Warranty Deed to Qiang Wu and Ting Feng,
husband and wife, and to Angela Yun Wu, as recorded in Instrument Number
20130611000803820 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 yellow plastic cap stamped "HALFF" set for the
southeast corner of a called 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), same being the southwest
corner of a called 0.115 acre tract of land described in deed to Collin County, Texas, as
recorded in Instrument Number 20060404000431480 (D.R.C.C.T), being on the south
right-of-way line of Prosper Trail (a variable width right-of-way), and being on the common
west line of said Lot 6 and east line of Lot 1 of said Preston Country Estates;
THENCE North 89 degrees 08 minutes 53 seconds East, with the existing south right-of-
way line of said Prosper Trail and with the south line of said 0.115 acre tract, a distance
of 454.34 feet to a found 1/2-inch iron rod with a plastic cap stamped "GEER" for the
southeast corner of said 0.115 acre tract, and being on the common east line of said Lot
6, and west line of Lot 7 of said Preston Country Estates;
THENCE South 32 degrees 29 minutes 15 seconds East, departing the existing south
right-of-way line of said Prosper Trail and with said common line, a distance of 5.67 feet
to a point for corner;
THENCE departing said common line, and over and across said Lot 6, the following
bearings and distances:
South 89 degrees 12 minutes 58 seconds West, a distance of 241.16 feet to a
point for corner;
South 85 degrees 39 minutes 07 seconds West, a distance of 100.18 feet to a
point for corner;
South 87 degrees 12 minutes 14 seconds West, a distance of 100.06 feet to a
point for corner;
LD0.0767Ac-Grade Esmt-WuFeng.doc
Page l of 3
Resolution No. 2020-39, Page 3
EXHIBIT A (Continued)
North 88 degrees 06 minutes 36 seconds West, a distance of 16.43 feet to a point
on the common west line of said Lot 6 and east line of said Lot 1;
THENCE North 00 degrees 13 minutes 27 seconds East, with said common line, a
distance of 13.26 feet to the POINT OF BEGINNING AND CONTAINING 3,339 square
feet or 0.0767 acres of land, more or less.
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.
'iLj 6�A AJA fj-�—
AND FW J. SHAPER
REGISTERRED PROFESSIONAL LAND SURVEYOR Afdtlftj �d�
TEXAS NO. 5017
TBPELS Firm No. 10029600 1)01
LD0.0767Ac-GradeEsmt- W uFeng.doe
Page 2 of 3
Resolution No. 2020-39, Page 4
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