99-29 R - Authorizing the Mayor to Execute the Agreement between the Town of Prosper & Collin County to Purchase 1950.3 feet of Right of Way (Contract 307)TOWN OF PROSPER, TEXAS TION NO. 9 9 - 2 9 (R)
A RESOLUTION OF TI_— _ _ IE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE MAYOR OF THE TOWN OF PROSPER, TEXAS, TO
EXECUTE THE AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND
COLLIN COUNTY, TEXAS
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The Mayor of the Town of Prosper, Texas, is hereby authorized to execute,
on behalf of the Town Council of the Town of Prosper, Texas, the Agreement between the Town
of Prosper, Texas and Collin County, Texas, a copy of which is attached hereto as Exhibit "A"
and incorporated herein for all purposes.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE �%li h day of
ATTEST TO:
APPROVED AS TO FORM:
Lit �L
SHIALEYREBECCA BREWER
City Secretary City Attorney
RESOLUTION TO EXECUTE COLLIN COUNTY INTERLOCAL AGREEMENT - Solo Page
I ael:\mbox4\prosper\resolution.ila/05\28\99
EXHIBIT "A"
(1 1 pages)
INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF PROSPER AND COLLIN COUNTY
FOR THE COSTS OF PURCHASING APPROXIMATELY 1,950.30 FEET
This Agreement is entered into by and between the Town of Prosper, a general -law
municipality ("Prosper") and the County of Collin, Texas (the "County"), acting herein through
duly authorized agents, officers and employees, on the dates set forth below to be effective on the
28th day of May, 1999 (the "Effective Date"):
WHEREAS, the County desires to expand, at its sole cost and expense, County Road 4
(the "Road") from Business Road 289 to County Line Road, except for the right-of-way
acquisition cost as provided herein; and
WHEREAS, Prosper investigated and determined that it would be advantageous and
beneficial to Prosper and its inhabitants for the County to expand the Road to, among other
things, promote access to the areas surrounding the Road, improve traffic flow and assist and
promote the location of new and expanded business within Prosper; and
WHEREAS, Prosper assisted the County in the expansion of the Road by obtaining
easements for the expansion thereof, save and except the property described as being situated in
Collin County, Texas, in the Collin County School Land Survey, Abstract No. 147, and being a
strip of land 45 feet wide parallel and adjacent to the centerline of County Road 4 and the south
line of a tract of land described in a Deed to Thomas D. Bull and wife, Inez Bull recorded in
Volume 726, Page 106 of the Collin County Deed Records, said strip being 1,950.30 feet, more
or less, in length (the "Property"), and being more particularly described in Exhibit "A" which is
attached hereto and incorporated herein for all purposes; and
WHEREAS, the County negotiated with the owner of the Property to purchase the same
for the purpose of acquiring the remaining right-of-way needed to complete the Road; and
WHEREAS, Prosper agrees to tender the funds necessary to purchase the Property, as
provided herein, from currently budgeted available funds; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code
(the "Act"), provides authorization for any local government to contract with one or more local
governments to perform governmental functions and services under the terms of the Act.
NOW THEREFORE, the County and Prosper, for an in consideration of the mutual
benefits and obligations set forth in this Agreement, agree as follows:
1. Purpose of Agreement. The purpose of this Agreement is to provide for the
purchase of the Property which is necessary to accomplish the expansion of the Road. To that
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND
COLLIN COUNTY FOR THE COSTS OF PURCHASING APPROXIMATELY 1,950.30 FEET - Page 1
rbA:\mbox 4\prosper\in terlocal. agr
complete the expansion of the Road.
2. Costs of Road Expansion. The County will be solely responsible for any and all
costs associated with the expansion of the Road, save and except the costs of purchasing the
Property as provided herein.
3. Construction of the Road. The County agrees to accept the Warranty Deed,
attached hereto as Exhibit B and incorporated herein for all purposes, for the Property and to
begin construction of the Road within a reasonable time from its purchase of the Property.
4. No Title Insurance. The County acknowledges that no title insurance is being
obtained in conjunction with the purchase of the Property. The County further acknowledges
that Prosper makes no representations and/or warranties, expressed or implied, as to the
ownership of the Property, and therefore, the County agrees to assume any and all risk associated
with purchasing the Property without title insurance.
5. Purchase Price. Prosper agrees to tender $20,000.00 for the purchase of the
Property (the "Funds"). On or before the Effective Date of check mas Agreement, Prosper will de ade payable to Thomas D. deliver
to the County, or its agent, the Funds in the form
of a wife, Inez Bull (the "Check"). County shall immediately tender the Check to the owners of the
Property in exchange for their execution of the Warranty Deed attached hereto as Exhibit "B". If,
for any reason, the Warranty Deed is not executed within ten (10) days of the Effective Date
hereof and/or accepted by the County at the next regularly scheduled Commissioner's Court, the
County shall immediately return the Check to Prosper.
6 Information and Documentation. The County agrees to provide all information
and documents reasonably required by Prosper for proper processing and for accurate accounting
and documentation of the purchase of the Property.
7. QEgp:rSqhhip of the Road. The County will, at all times, own, operate and maintain
the Road, including, but not limited to, the construction phase of the Road.
8. Immunit . It is expressly understood acid agi-ced that, in the execution of this
Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties do not create
any obligations, express or implied, other than those set forth herein, and this Agreement shall
not create any rights in parties not signatories hereto.
9. Assignment. This Agreement is not assignable.
INTERLOCAL AGREEMENT BETWEEN TRF. TOWN OF PROSPER AND
COLLIN COUNTY FOR THE COSTS OF PURCHASING APPROXIMATELY 1,950.30 FEET - Page 2
rb/I:\mbox4\prosper\interlocal. agr
10. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the matters contained herein and may not be modified or terminated except upon
the provisions hereof or by the mutual written agreement of the parties to this hereto.
11. Authority. The individuals executing this Agreement on behalf of the respective
parties below represent to each other and to others that all appropriate and necessary action has
been taken to authorize the individual who is executing this Agreement to do so for and on behalf
of the party for which his or her signature appears, that there are no other parties or entities
required to execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization is
valid and effective on the date hereof.
12. Multiple Count= arts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
Attest:
Collin County Clerk
TC
By
Its:
Da
COLLIN COUNTY, TEXAS
By:_
Its:_
Date:
ACKNOWLEDGMENT
The above and foregoin Interlocal Reimbursement Agreement was acknowledged before
me by fl) 0 Q m ,the �L ( � ; for the Town of
Prosper, Texas on this V1 da o 1999
�44111r�1 �the
JENNIFER D FINLEY 11Notary Public. State of Texas1�—My Commission Expires 09 21 02tary Publi in and fState of exas
My Commission Expires:
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND
COLLIN COUNTY FOR THE COSTS OF PURCHASING APPROXIMATELY 1,950.30 FEET - Page 3
rb/I: \mbox4\prosper\i n terloca I. agr
Texas on this day of 1999.
Notary Public in and for the State of Texas
My Commission Expires:
INTFRLOCAL AGREEMENT BE- WEEN THE TOWN OF PROSPER AND
COLLIN COUNTY FOR THE COSTS OF Pi1RCHASING APPROXIMATELY 1,950.30 FEET - Page 4
rb/I:\mbox4\prosper\interlocal. agr
EXHIBIT "A"
(I page)
WARRANTY dEEi3
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF COLLIN §
THOMAS D. BULL AND 1NEZ BULL, HUSBAND AND WIFE, hereinafter referred
to as Grantors, whether one or more, for and in consideration of the sum of One Dollar
(S1.00) and other good and valuable consideration to Grantors in hand paid by the County
of Collin, Texas, the receipt and sufficiency of which is hereby acknowledged, and for the
payment of which no lien is retained, either express or implied, have this day GRANTED,
SOLD and CONVEYED and by these presents do GRANT, SELL and CONVEY, unto the
County of Collin, Texas, whose address is 210 South McDonald Street, McKinney, Texas
75069, all that certain tract or parcel of land in Collin County, Texas, more particularly
described in FxhiM 'A" attached hereto and made a part hereof.
TO HAVE AND TO HOLD the premises herein described and herein conveyed
togetherwith all and singularthe rights and appurtenances thereto in any wise belonging,
unto the County'of Collin, Texas, and its successors and assigns forever, and Grantors do
hereby bind themselves, their heirs, executors, successors, and assigns to Warrant and
Forever Defend all and singular the said premises hereby conveyed unto the County of
Collin, Texas and its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
IN WITNESS THEREOF, this instrument is executed on this the day of
1999.
GRANTORS:
Thomas D. Bull
Inez Bull
The State of Texas §
County of Collin §
This instrumentwas acknowledged before me on the day of
1999, by Thomas D. Bull.
Notary Public, State of Texas
The State of Texas §
County of Collin §
This instrumentwas acknowledged before me on the day of ,
1999, by Inez Bull.
Notary Public, State of Texas
11►AI
Robert Reynolds o Eugene Massad
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INTERLOCAL AGREEMENT BETWEEN THE TOWN OF
PROSPER AND COLLIN COUNTY FOR THE COSTS OF
PURCHASING APPROXIMATELY 1,950.30 FEET OF RIGHT-OF-WAY
This Agreement is entered into by and between the Town of Prosper, a general -law
municipality ("Prosper") and the County of Collin, Texas (the "County"), acting herein through
duly authorized agents, officers and employees, on the dates set forth below to be effective on the
28th day of May, 1999 (the 'Effective Date"):
WHEREAS, the County desires to expand, at its sole cost and expense, County Road 4
(the "Road") from Business Road 289 to County Line Road, except for the right-of-way
acquisition cost as provided herein; and
WHEREAS, Prosper investigated and determined that it would be advantageous and
beneficial to Prosper and its inhabitants for the County to expand the Road to, among other
things, promote access to the areas surrounding the Road, improve traffic flow and assist and
promote the location of new and expanded business within Prosper; and
WHEREAS, Prosper assisted the County in the expansion of the Road by obtaining
easements for the expansion thereof, save and except the property described as being situated in
Collin County, Texas, in the Collin County School Land Survey, Abstract No. 147, and being a
strip of land 45 feet wide parallel and adjacent to the centerline of County Road 4 and the south
line of a tract of land described in a Deed to Thomas D. Bull and wife, Inez Bull recorded in
Volume 726, Page 106 of the Collin County Deed Records, said strip being 1,950.30 feet, more
or less, in length (the "Property"), and being more particularly described in Exhibit "A" which is
attached hereto and incorporated herein for all purposes; and
WHEREAS, the County negotiated with the owner of the Property to purchase the same
for the purpose of acquiring the remaining right-of-way needed to complete the Road; and
WHEREAS, Prosper agrees to tender the funds necessary to purchase the Property, as
provided herein, from currently budgeted available funds; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code
(the "Act"), provides authorization for any local government to contract with one or more local
governments to perform governmental functions and services under the terms of the Act.
NOW THEREFORE, the County and Prosper, for an in consideration of the mutual
benefits and obligations set forth in this Agreement, agree as follows:
1. Pu )ose of Agreement. The purpose of this Agreement is to provide for the
purchase of the Property which is necessary to accomplish the expansion of the Road. To that
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND COLLIN COUNTY
FOR THE COSTS OF PURCHASING APPROXIMATELY 1,950.30 FEET OF RIGHT-O&WAY - Page 1
rb/I:\mbox4\prosper\interlocal.a gr
end, Prosper and the County agree that Prosper will tender the funds necessary to purchase the
Property, from currently budgeted available funds and as provided herein, enabling the County to
complete the expansion of the Road.
2, os#s of R ad E arisian. The County will be solely responsible for any and all
costs associated with the expansion of the Road, save and except the costs of purchasing the
Property as provided herein.
3 s ru tion t d. The County agrees to accept the Deed, attached hereto
as Exhibit "B" and incorporated herein for all purposes, for the Property and to begin
construction of the Road within a reasonable time from its purchase of the Property.
4, Np Ti 1 nsur nce. The County acknowledges that no title insurance is being
obtained in conjunction with the purchase of the Property. The County further acknowledges
that Prosper makes no representations and/or warranties, expressed or implied, as to the
ownership of the Property, and therefore, the County agrees to assume any and all risk associated
with purchasing the Property without title insurance.
5. Purchaag Pr'ce. Prosper agrees to tender $20,000.00 for the purchase of the
Property (the "Funds"). On or before the Effective Date of this Agreement, Prosper will deliver
to the County, or its agent, the Funds in the form of a check made payable to Thomas D. and
wife, Inez Bull (the "Check"). County shall immediately tender the Check to the owners of the
Property in exchange for their execution of the Deed attached hereto as Exhibit "B". If, for any
reason, the Deed is not executed within ten (10) days of the Effective Date hereof and/or
accepted by the County at the next regularly scheduled Commissioner's Court, the County shall
immediately return the Check to Prosper.
6. Information a d D cumentatioo . The County agrees to provide all information
and documents reasonably required by Prosper for proper processing and for accurate accounting
and documentation of the purchase of the Property.
7, Ownershi of t oad. The County will, at all times, own, operate and maintain
the Road, including, but not limited to, the construction phase of the Road.
8. Immunity. It is expressly understood and agreed that, in the execution of this
Agreement, no party waives, nor shall be deemed hereby to have waived any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties do not create
any obligations, express or implied, other than those set forth herein, and this Agreement shall
not create any rights in parties not signatories hereto.
9. Assignment. This Agreement is not assignable.
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND COLLIN COUNTY
FOR THE COSTS OF PURCHASING APPROXIMATELY 1,950.30 FEET OF RIGHT-OF-WAY- Page 2
rb/I:\mbox4\prosper\inter1oca1. agr
11. uth rit . The individuals executing this Agreement on behalf of the respective
parties below represent to each other and to others that all appropriate and necessary action has
been taken to authorize the individual who is executing this Agreement to do so for and on behalf
of the party for which his or her signature appears, that there are no other parties or entities
required to execute this Agreement in order for the same to be an authorized and binding
agreement on the party for whom the individual is signing this Agreement and that each
individual affixing his or her signature hereto is authorized to do so, and such authorization is
valid and effective on the date hereof.
12. Multiple _ounterparLs. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
Attest:
Collin County Clerk
COLLIN COUNTY, TEXAS
By:_
Its:
Date:
ACKNOWLED RENT
The above and foregoing Interlocal Agreement Between the Town of Prosper and Collin
County for the Costs of Purchasing Approximately 1,950.30 Feet of Right -of -Way was
acknowledged before me by Q �. rnn — jq�f) the
for the Tow { P� day of yjk—, 1999.
JENNIFER D FINLEY
Notary Public. State of Texas
.,r.....•�+¢, MyL'ommissionExpires09-21-02 ItTapu lic in and for the State f Texas
My Commission Expires:
1NTERLOCAL AGREEMENT BETWEEN THE TOWN OF PROSPER AND COLLIN COUNTY
FOR THE COSTS OF PURCHASING APPROXIMATELY 1,9M30 FEET OF RIGHT-OF-WAY - Page 3
rb/l:\mbox4\prosper\interlocal. agr
acknowledged before me by _
for Collin County, Texas on this day of _ 1999.
Notary Public in and for the State of Texas
My Commission Expires:
1NTFRLOCAL AGREENSFNT BETWEEN TIM TOWN OF PROSPER AND COLLIN COUNTY
FOR THE COSTS OF PURCHASING APPROXIMATELY 1,950.30 FEET OF RIGHT-OF-WAY - Page 4
rbll:\mbox4\prosper\in ter] ocal. a gr
EXHIBIT "A"
(1 page)
IgLIANWD
SP_'rJ.A 7 in Coffin County, Texts, in the C :Iiin County Schnc; Land Survey,
9hsa.. ?+in, 147, and being a part of a calked 64.62 a= tr=. ❑f land desci",ned an a
Did to Thomas D. Bull and wife, IaezEWL, r=rded in Vohuae ,26, Fad I06 0f
Colon County Deed Rewords, and bcng more tim-a �.dariy des=wed as mllows:
pF-aN- -WC- at a paint iu the :.water of Coamy Road 4 at the sclatEnv t worn= cf said
64.62 ace a-ac;
T-t1'r�iC Niorth 45.0 �t along the west line of said 64.62 =,,L to a point therein;
i-I-=-N-CE -Eag, 45 :-F--, north of and parallel to the south line of said 64.6- ace tact
1961.-5 f=-, *nor- or less, to a paint in the ewer line of said SaC, being in the west
,-gam-of-way line of the S.L. a`d S F. Railroad (100' R.O.W.);
T-HE-NCr Soutiswant-iy along the west tiger-c way line of ffic S.L. and 5 F. RaJmad
46.3 9 feY*y mere or le.Qs, to the southeast corner or said 64.52 a. e wac; s6d poinr being
in ttic C-nt= of County Road 4;
T -C� W ? 950.3 � mores or less, alas¢ the south iinee or said fir~ and the
center of County Road 4 m th- place o* b 4xinLing and calcalatrd to - in. 2.02 acres,
more or less, of land.
EXHIBIT "B"
(4 pages)
r
PROJECT: Coanty Road 4
DEED
THE STATE OF TEXAS )
PRESENTS: KNOW ALL MEN BY T$ESE
COUNTY OF CO'
LI)11 )
That, Thomas D. Bull and wife, Inez Bull, hereinafter referred to as Grantors, whether
one or more, for and in consideration of the sum of One Dollar ($I.00) aiid other good
and valuable consideration to Grantors in hand paid by the County of Collin, Texas, the
receipt and sufficiency of which is hereby acknowledged, and for'the payment of which no
lien is retained, either expressed or � implied, have this day Granted, Sold and Conveyed
and by these presents do Grant, Sell and Convey"t"ntO the County of Collin, Texas, whose
address is 210 South McDonald Street, McKinney, Texas 75069 all that certain tractor-'
Parcel of land in Collin Cdunty, Texas, more particularly- -described' in Exhibit 11k,
attached hereto and made a parthereof:
TO HAVE -AND TO HOLM the premises herein described and herein conveyed together
with a!l and the singular rights and appurteiiarlces thereto` in_ aiiy.-Mist . belan ing unto the
County of Collin, Texas, and its successors and assigns forever . .. .
bind ihemselves, their heirs, 'executors, successors and assigns �# WarrantandForever
Defend all and singular the said premises hereby conveyed unto the' County of Collin
Texas, and its successors' and assigns against every.person whomsoever lawfully claiming
or to claim the same or any part thereof:
IN WITNESS ElEREOF this instrument is executed on this the_$ day
of of
Grantors:
x RAJ
Thomas D. Bull
X
Inez BuII
�J •
Z000 — -- XHAggd 00 HI1100 Z e0e65L£ 865 VMS £E OT 66/80/90
d !UTTdor^ pitog uepeoy Awjauuegy �- b9Le qVq VLZ :Wt/Gb: Ll 66/8 /9 :penFeoea
r
i ne State of Texas S
o -
Ccunty of ,--cllin o
i nis ins-; umentwas acknowledoed before me on the day Of
1999, by Thomas D. Dull.
Nctary Public, State of Texas
i he State of, Texas o
0
County of Collin §
This inst-umentwas acknowledoed before me on the day cf ,
1999, by Inez Bull.
s,,,,.-. -.w
Notary Public, State of Texas
,obert Reynolds c Eugene Massad
c
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f ' L O 'S SAS }
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} of
�39 • r
`r]'a Collzu Ccuay, i ems, in tL- CcflL- C==y Schaal Land Survey,
AhSM= -N. c. I47, and being a tram of a raacd 64.62 ace trams of land descffb-ed in :
Deed to T''horma D. Bull and wine, J2=BWL re=rded in Vohlm. 726, p2ge I06-vf
the Collin Counry Deed Records, and being more timlimdarly dewed as foliacas:
Hrr.�3IviVZNG at a Point in the teat= of Caarrty Road 4 at the s=hWest corner of said
64.62 ace cac`'
T -C` ?north, 45.0 f-rt alone the west iias .3 36d 64.62 acre iI3— to a Pain- tileTD1II;
T" = � 45 for: north "of and �aa.*aflel to tine 3ott lint of :aid 64.62 ace riots
1961. 5 i f=:=, more or lzss, to a tint iTi the � isae trams �g in the west
P of said
ngix-of-wap lint of rb-- S r . and C?. Railroad (I ao, R. D.W. );
5cvthwesteriy alang the west tight -of ,way line of th.- S1.. and 5 F Railroad
46.39 rem mcrc or Less., to 'rho scarh=st =Mer or said 64.62 ace �y szid point being
M the =nW of County Road 4;
?'FACE W!� I950.3 my tnnrr or lesa, alcng the south iine of said T1= and the
=Ier of C=nry Road 4 to d= mar• of bezk--inz and calcaiiv%C,d to u-rrrzin 2,02 awes,
more or less, of 13a