2022-40 - R - Acquisition of ROW - Construction of First Street (DNT-Coleman) 07.26.22TOWN OF PROSPER, TEXAS
RESOLUTION NO. 2022-40
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE CERTAIN REAL
PROPERTIES FOR RIGHT-OF-WAY, DRAINAGE EASEMENTS, WATER
EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE
CONSTRUCTION OF FIRST STREET (DNT — COLEMAN) PROJECT;
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 there exists a public necessity to acquire the Property for the construction of the
First Street (DNT — Coleman) project, the location of which is generally set forth in the exhibits
attached to this resolution; and
WHEREAS, the Town Council desires to acquire the property ("Property"), as more
particularly described in the exhibits attached to this Resolution, for this governmental and public
use in conjunction with the Town of Prosper's construction of the First Street (DNT — Coleman)
project ("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 following Property for the Project, as more particularly
described in the Exhibits referenced herein:
EXHIBIT DESCRIPTION/INTEREST TO BE ACQUIRED
1 Parcel No. 'I - Approximately 0.1583 acres of real property for drainage easement,
situated generally in the Collin County School Land Survey No. 12, Abstract Number
147, Collin County, Texas and being part of that certain tract of land described as
recorded in Instrument Number 20121227001636180 of the Official Public Records of
Collin County, Texas
2 Parcel No. 2 - Approximately 0.0379 acres of real property for drainage easement and
0.2376 acres of real property for temporary construction easement, situated generally
in the Collin County School Land Survey No. 12, Abstract Number 147, Collin County,
Texas and being part of that certain tract of land described as recorded in Instrument
Number 20101007001084900 of the Official Public Records of Collin County, Texas
3 Parcel No. 3 - Approximately 0.0072 acres of real property for right-of-way and 0.0138
acres of real property for drainage easement, situated generally in the Collin County
School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
part of that certain tract of land described as recorded in Instrument Number
20070507000616900 of the Official Public Records of Collin County, Texas
4 Parcel No. 4 - Approximately 1.372 acres of real property for right-of-way and 0.0334
acres of real property for drainage easement, situated generally in the Collin County
School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
part of that certain tract of land described as recorded in Instrument Number
20210407000704790 of the Official Public Records of Collin County, Texas
5 Parcel No. 5A - Approximately 0.0264 acres of real property for right-of-way, situated
generally in the Collin County School Land Survey No. 12, Abstract Number 147, Collin
County, Texas and being part of that certain tract of land described as recorded
Volume 256 Page 280, Deed of records of Collin County, Texas
6 Parcel No. 5B - Approximately 0.6662 acres of real property for right-of-way and
0.0069 acres of real property for drainage easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and
being part of that certain tract of land described as recorded in Instrument Number
20211102002237490 of the Official Public Records of Collin County, Texas
7 Parcel No. 6 - Approximately 0.0053 acres of real property for drainage easement and
0.1268 acres of real property for temporary construction easement, situated generally
in the Collin County School Land Survey No. 12, Abstract Number 147, Collin County,
Texas and being part of that certain tract of land described as recorded in Instrument
Number 20040421000567710 of the Official Public Records of Collin County, Texas
8 Parcel No. 7 - Approximately 0.1558 acres of real property for right-of-way and 0.0135
acres of real property for drainage easement, situated generally in the Collin County
School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
part of that certain tract of land described as recorded in Instrument Number
20201117002046730 of the Official Public Records of Collin County, Texas
Resolution No. 2022.40, Page 2
9 Parcel No. 8 Approximately 0.0618 acres of real property for right-of-way and 0.0057
acres of real property for drainage easement, situated generally in the Collin County
School Land Survey No. 12, Abstract Number 147, Collin County, Texas and being
part of that certain tract of land described as recorded in Instrument Number
20160119000060760 of the Official Public Records of Collin County, Texas
10 Parcel No. 9 - Approximately 0.6177 acres of real property for right-of-way and 0.0034
acres of real property for drainage easement and 0.0049 acres of real property for
temporary construction easement, situated generally in the Collin County School Land
Survey No. 12, Abstract Number 147, Collin County, Texas and being part of that
certain tract of land described as recorded in Instrument Number 20210407000704790
of the Official Public Records of Collin County, Texas
11 Parcel No. 10 - Approximately 0.1838 acres of real property for right-of-way and
0.0042 acres of real property for drainage easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and
being part of that certain tract of land described as recorded in Instrument Number
20140812000856950 of the Official Public Records of Collin County, Texas
12 Parcel No. 11 - Approximately 0.3304 acres of real property for right-of-way and
0.0147 acres of real property for drainage easement and 0.3868 acres of real property
for temporary construction easement, situated generally in the Collin County School
Land Survey No. 12, Abstract Number 147, Collin County, Texas and being part of
that certain tract of land described as recorded in Instrument Number
20210407000704790 of the Official Public Records of Collin County, Texas
13 Parcel No. 13 - Approximately 0.0377 acres of real property for right-of-way, situated
generally in the Collin County School Land Survey No. 12, Abstract Number 147, Collin
County, Texas and being part of that certain tract of land described as recorded in
Instrument Number 20121211001574800 of the Official Public Records of Collin
County, Texas
14 Parcel No. 14 - Approximately 0.0455 acres of real property for right-of-way, situated
generally in the Collin County School Land Survey No. 12, Abstract Number 147, Collin
County, Texas and being part of that certain tract of land described as recorded in
Instrument Number 19940211000143680 of the Official Public Records of Collin
County, Texas
15 Parcel No. 15 - Approximately 0.0220 acres of real property for right-of-way and
0.0100 acres of real property for water easement, situated generally in the Collin
County School Land Survey No. 12, Abstract Number 147, Collin County, Texas and
being part of that certain tract of land described as recorded in Volume 1395, Page
333 Deed Records of Collin County, Texas
16 Parcel No. 16 - Approximately 0.1118 acres of real property for right-of-way, situated
generally in the Collin County School Land Survey No. 12, Abstract Number 147, Collin
County, Texas and being part of that certain tract of land described as recorded in
Instrument Number 20140411000350200 of the Official Public Records of Collin
County, Texas
17 Parcel No. 17 - Approximately 0.0472 acres of real property for right-of-way and
0.0152 acres of real property for temporary construction easement, situated generally
Resolution No. 202240, Page 3
in the Collin County School Land Survey No. 12, Abstract Number 147, Collin County,
Texas and being part of that certain tract of land described as recorded in Volume
5236, Page 4438 Deed Records of Collin County, Texas
18 Parcel No. 19 - Approximately 0.4023 acres of real property for right-of-way, situated
generally in the Collin County School Land Survey No. 12, Abstract Number 147, Collin
County, Texas and being part of that certain tract of land described as recorded in
Instrument Number 20210407000704790 of the Official Public Records of Collin
County, Texas
19 Parcel No. 21 - Approximately 0.1140 acres of real property for right-of-way, situated
generally in the Collin County School Land Survey No. 12, Abstract Number 147, Collin
County, Texas and being part of that certain tract of land described as recorded in
Instrument Number 20170925001280500 of the Official Public Records of Collin
County, Texas
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.
Resolution No, 2022-40, Page 4
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 -If— TO ON THIS THE 26TH DAY OF JULY, 2022.
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 2022-40, Page 5