2022-22 - R - Acquire ROW Teel Pkwy-Us 380 Construction Improvements Project 05.10.22TOWN OF PROSPER, TEXAS
RESOLUTION NO. 2022-22
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY
0.9678 ACRES OF REAL PROPERTY FOR RIGHT-OF-WAY FOR THE
CONSTRUCTION OF THE TEEL PARKWAY / US 380 INTERSECTION
IMPROVEMENTS PROJECT SAID PROPERTY LOCATED IN THE LOUISA
NETHERLY SURVEY, ABSTRACT NO. 962, TOWN OF PROSPER, DENTON
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 0.9678 acres of real property for right-of-way, situated generally in
the Louisa Netherly Survey, Abstract No. 962, in the Town of Prosper, Denton County, Texas and
being part of Tract 2 conveyed to Pemmasani Interests, LLC recorded in Document No. 2017-
155434, Official Public Records of Denton County, Texas (O.P.R.D.C.T.), Town of Prosper,
Denton 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 Teel Parkway / US 380 Intersection Improvements 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 Teel Parkway / US 380
Intersection Improvements 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 ' I TO jL,_ON THIS THE 10TH DAY OF MAY, 2022.
414`7- A -
Ray Smi h, Mayor
ATTEST:
on k
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 2022-22, Page 2
EXHIBIT A
REAL PROPERTY DESCRIPTION
OF A 0.9678 ACRE TRACT OF LAND
SITUATED IN THE LOUISA NETHERLY SURVEY, A-962
DENTON COUNTY, TEXAS
BEING a 0.9678 acre (42,157 square feet) tract of land situated in the Louisa Netherly Survey, Abstract
Number 962, Town of Prosper, Denton County, Texas, being a part of a 48.482 acre tract of land described
as Tract 2 conveyed to Pemmasani Interests, LLC by instrument recorded in Document Number
2017-155434, Official Public Records, Denton County, Texas and being more particularly described as
follows:
BEGINNING at a 5/8-inch iron rod with a red cap stamped 'CRIADO' set (all of the following iron rods set
being so capped and stamped) in the east line of the Teel Parkway right-of-way (a variable -width public
right-of-way) (a.k.a. Fields Road), for the northwest corner of said Pemmasani Interests tract, the
northwest corner of a right-of-way easement conveyed to the State of Texas by instrument recorded in
Volume 334, Page 84, Deed Records, Denton County, Texas, and being in the south line of a 162.722 acre
tract of land conveyed to Two-J Partners, LLLP by instrument recorded in Document Number 2008-50523,
said Official Public Records;
THENCE North 89 degrees, 09 minutes, 01 seconds East, departing the east line of said Teel Parkway
right-of-way, with the north line of said Tract 2 and the south line of said Two-J Partners tract, a distance
of 53.91 feet to a 5/8-inch iron rod set;
THENCE South 00 degrees, 01 minutes, 26 seconds East, departing the south line of said Two-J Partners
tract, over and across said Pemmasani Interests Tract, a distance of 719.00 feet to a 5/8-inch iron rod set;
THENCE South 03 degrees, 50 minutes, 17 seconds East, continuing over and across said Pemmasani tract,
a distance of 150.51 feet to a 5/8-inch iron rod set;
THENCE South 00 degrees, 01 minutes, 26 seconds East, a distance of 89.52 feet to a 5/8-inch iron rod set
in the west line of said Pemmasani tract and the east line of a 0.484 acre tract of land conveyed to the
State of Texas by judgement recorded in Document No. 2019-145435, said Official Public Records;
THENCE North 16 degrees, 04 minutes, 35 seconds West, with the west line of said Pemmasani tract and
the east line of said State of Texas tract, a distance of 64.13 to a 5/8-inch iron rod set at the beginning of
a curve to the left having a radius of 1,072.00 feet;
THENCE continuing with the west line of said Pemmasani tract, the east line of said State of Texas tract
and with said curve to the left, through a central angle of 03 degrees, 37 minutes, 18 seconds, an arc
distance of 67.76 feet (the long chord of which bears North 07 degrees, 22 minutes, 07 seconds West, a
distance of 67.75 feet to a 5/8-inch iron rod set at the beginning of a curve to the right having a radius off
1,008.00 feet;
THENCE continuing with the west line of said Pemmasani tract, the east line of said State of Texas tract
and with said curve to the right, through a central angle of 02 degrees, 26 minutes, 42 seconds, an arc
distance of 43.01 feet (the long chord of which bears North 07 degrees, 57 minutes, 42 seconds West, a
distance of 43.01 feet) to a 5/8-inch iron rod with cap stamped TXDOT' (Controlling Monument) found;
Sheet 1 of 5
Resolution No. 2022-22, Page 3
EXHIBIT A (Continued)
THENCE North 00 degrees, 00 minutes, 12 seconds East, continuing with the west line of said Pemmasani
tract and the east line of said State of Texas tract, a distance of 121.25 feet to a 5/8-inch iron rod with cap
stamped TXDOT' (Controlling Monument) found;
THENCE South 89 degrees, 58 minutes, 44 seconds West, with the south most north line of said
Pemmasani tract and the north line of said State of Texas tract, distance of 32.78 feet to a 5/8-inch iron
rod set in the west line of said Pemmasani tract and the east line of said Teel Parkway right-of-way;
THENCE North 00 degrees, 04 minutes, 27 seconds East with the west line of said Pemmasani tract and
the east line of said Teel Parkway right-of-way, a distance of 665.25 feet to the POINT OF BEGINNING and
containing 0.9678 acres (42,157 square feet) of land, more or less.
Note
Note
Note:
Note:
Surveyed on the ground March 2022.
all bearings are based on the Texas Coordinate System, North Central Zone (4202), North
American Datum 1983 - NAD 83 (2011), epoch 2010.00. All distances shown are surface values
and may be converted to grid by dividing by a combined scale factor of 1.000150630.
Map of Survey of even date attached herewith.
All monuments set are 5/8-inch iron rod with red cap stamped "CRIADO" set unless otherwise
noted.
. I S K1 ,IN h'ENCEI I •1
5 evin 1ffnde11, RPLS #5500
Registered Professional Land Surveyor
State of Texas
March 18, 2022
Sheet 2 of 5
Resolution No. 2022-22, Page 4
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