2020-40 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 2020-40
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY
0.1299 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 0.1299 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 a larger tract as recorded in Volume 3992, Page 1165 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 HE 1=MAY, 2020.
Ray Smi h, Mayor
ATTEST:
OF PJ?
Melissa Lee, To n Secretary ; • ' �06 :y
APPROVED AS TO FORM AND LEGALITY:
191 Q'
Terrence S. Welch, Town Attorney '•, X �S ��
Resolutlon No. 2020-40, Page 2
EXHIBIT A
GRADING EASEMENT
FIELD NOTES DESCRIBING A 5,656 SQUARE FOOT (0.1299 ACRE) TRACT
PART OF THE HAROLD PATIN TRACT
SITUATED IN THE
LARKIN MCCARTY SURVEY, ABSTRACT NO. 600
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
BEING 5,656 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 that tract of land
described as Tract A in Warranty Deed with Vendor's Lien to Harold Patin and Spouse,
Maureen Patin, as recorded in Volume 3992, Page 1165 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 plastic cap stamped "BW2" found on the south
line of Prosper Trail (a variable width right-of-way), being on the south line of a 1.510 acre
tract of land described in deed to the County of Collin, as recorded in Volume 4826, Page
2290 (D.R.C.C.T), said point being the northwest corner of a called 17.132 acre tract of
land described as Tract 1 in General Warranty Deed to the Town of Prosper, Texas, as
recorded in Instrument Number 20150115000048760, Official Public Records, Collin
County, Texas;
THENCE South 44 degrees 19 minutes 21 seconds East, departing said south right-of-
way line of said Prosper Trail and with the west line of said 17.132 acre tract, a distance
of 18.14 feet to a point for corner;
THENCE departing said west line, and over and across said Patin tract the following
bearings and distances:
North 88 degrees 50 minutes 57 seconds West, a distance of 115.87 feet to a point
for corner;
North 89 degrees 55 minutes 03 seconds West, a distance of 40.26 feet to a point
for corner;
South 89 degrees 41 minutes 39 seconds West, a distance of 249.35 feet to a
point for corner;
South 88 degrees 41 minutes 04 seconds West, a distance of 57.16 feet to a point
for corner;
North 88 degrees 07 minutes 27 seconds West, a distance of 50.06 feet to a point
for corner;
South 88 degrees 09 minutes 55 seconds West, a distance of 50.01 feet to a point
for corner;
LD0.2032Ac-GradeEsmt-Patin.doc
Page 1 of 3
Resolution No. 2020-40, Page 3
EXHIBIT A (Continued)
South 68 degrees 54 minutes 50 seconds West, a distance of 53.28 feet to a point
for corner;
South 85 degrees 28 minutes 38 seconds West, a distance of 70.18 feet to a point
for corner on the said south line of Prosper Trail and south line of the 1.510 acre
County of Collin tract;
THENCE North 72 degrees 24 minutes 33 seconds East along said south lines, a distance
of 97.91 to a point for corner;
THENCE North 89 degrees 07 minutes 26 seconds East, continuing with said south lines,
a distance of 544.36 feet to a point for corner;
THENCE South 89 degrees 58 minutes 36 seconds East, continuing with said south lines,
a distance of 31.99 feet to the POINT OF BEGINNING AND CONTAINING 5,656 square
feet or 0.1299 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.
A-rJrt.-d U�A, MAY $.zoxm
AN MEW J. S AFER
REGISTERRED PROFESSIONAL LAND SURVEYOR ANDREW J. SHAF ER
TEXAS NO. 5017 50-17
TBPELS Firm No, 10029600
L D0.2032Ac-Grad eEsmt-Patin.doc
Page 2 of 3
Resolution No. 2020-40, Page 4
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Resolution No. 2020-40, Page 5