07-074 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 0 — 0-7 171
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, DETERMINING A PUBLIC NECESSITY TO
ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN
PROPERTY FOR THE PROVISION OF WATER SERVICE AND
RELATED INFRASTRUCTURE RELATED TO THE CONSTRUCTION
OF WATER IMPROVEMENTS ALONG FM 2478 IN THE TOWN OF
PROSPER, TEXAS; GIVING NOTICE OF AN OFFICIAL
DETERMINATION TO ACQUIRE SAID PROPERTY FOR THE
PURPOSES SET FORTH HEREIN; AUTHORIZING THE TOWN
MANAGER OF THE TOWN OF PROSPER, TEXAS TO ESTABLISH
PROCEDURES FOR ACQUIRING THE PROPERTY BY PURCHASE OR
CONDEMNATION; MAKING OFFERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council")
investigated and determined that there is a public necessity for, and the public welfare and
convenience will be served by, the acquisition of a water easement on the parcel of property
described in Exhibit "A", attached hereto and incorporated herein for all purposes (the
"Property"), and it is the Town of Prosper, Texas' ("Prosper") intent to acquire, by purchase or
condemnation, the necessary easement, including a temporary construction easement, on the
Property for the purpose of, among other things, the construction, access,repair and maintenance
of public facilities, specifically, an easement for the construction of a water line and related
infrastructure along FM 2478 in Prosper (the "Project"); and
WHEREAS, it is necessary to establish procedures for determining the establishment and
approval of just compensation for the right-of-way to be acquired for the Project; and
WHEREAS, there may be improvements located on the Property acquired for this Project
and such improvements may be required to be moved prior to the beginning of this Project.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2: Acquisition of Property. The Town Council hereby officially determines
that there is a public necessity for, and the public welfare and convenience will be served by, the
acquisition of the Property, and it is Prosper's intent to acquire, by purchase or condemnation,
the Property described in Exhibit "A", attached hereto, for the Project.
Resolution to Acquire Property [Lemay Water Line-FM 2478] Page 1 of 3
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SECTION 3: Authority of Town Manager. The Prosper Town Manager is hereby
authorized to contract, on behalf of the Town Council, with professional appraisers for appraisal
services and with attorneys for preparation of title opinions needed by Prosper from time to time
in connection with acquiring the Property for the Project. The Town Council hereby ratifies any
contracts entered into, prior to the effective date of this Resolution, by the Town Manager with
professional appraisers for appraisal services and with attorneys for preparation of title opinions
needed for the acquisition of the Property made the subject of this Resolution.
SECTION 4: Determination of Just Compensation. The Town Manager, or his designee,
is hereby authorized and directed to examine and rely on the independent appraisal reports, and
other information, in establishing and approving the fair market value offer and the just
compensation for said easement, including the temporary construction easement. After
consideration of said information, the Town Manager shall establish and approve the amount
determined to be just compensation for acquisition of the easement, including the temporary
construction easement.
SECTION 5: Authority to Make an Offer. Upon establishment and approval by the
Town Manager of the amount of just compensation for the acquisition of the Property, the Town
Manager, or his designee, is authorized to send a written offer to the owner(s) of said Property
for acquisition of said easement, including the temporary construction easement, at the full
amount determined and established to be just compensation for the parcel, and to negotiate with
said owner(s) on behalf of Prosper.
SECTION 6: Authority to Execute Documents. The Town Manager be and is hereby
authorized, on behalf of Prosper, to execute all documents necessary to acquire, by purchase or
condemnation, the parcel needed for the Project.
SECTION 7: Disposal of Improvements. The Town Manager is hereby authorized to
sell such surplus improvements, if any, located on the easement acquired in connection with this
Project, should they interfere with use and enjoyment of the easement.
SECTION 8: Condemnation Authorized. Should the Town Manager be unable to
acquire the easement by purchasing same, the Town Manager is authorized to instruct the law
firm of Abernathy, Roeder, Boyd, & Joplin, P.C. to commence condemnation proceedings for
the acquisition of the easement, including the temporary construction easement, for the Project.
SECTION 9: This Resolution shall take effect immediately from and after its passage.
RESOLVED THIS the 28 day of //14 6u S7
Charles Niswan er, ayor
- -s°111/0. ‘`,4%_■ OF 10,9Z",,,
atthew Denton, Town Secretary ;d �9
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Resolution to Acquire Property [Lemay Water Line-FM 2478] s • a Page 2 of 3
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EXHIBIT "A"
Legal Depiction and Description of Lemay Easement
Resolution to Acquire Property [Lemay Water Line-FM 2478] Page 3 ol'3
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RHEA MILLS ESTATES FOREST J. .McADAMS III I
CAB. F, PG. 753 cc# 00-0091907
I 11
P.R.C.C.T. D.R.C.C.T.
• LOT 30
11114111 I
LOT 29
BLOCK B
SCALE: 1"=60' {
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LARRY A. LEMAY X ,�
CC# 93-0024267 d I TEMPORARY
D.R.C.C.T. . CONSTRUCTION
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10' WATER EASEMENT
0.0767 ACRES
10' UTILITY EASEMENT
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CAB. F, PG. 753
• LOT 1 ' P.R.C.C.T.
BLOCK A
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IRS I
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,i tom• \ 3/8" IRE I
S 5040'54"W 19.26'
10' UTILITY EASEMENT �'/ S 5040'54"W= I
CAB_ F, PG. 753 / 12.84'
POINT P.R.C.C.T: � OF BEGINNING
�//UUrrF10'aJUAR7 OF WATER EASEMENT
OUT OF THE GEORGE HORN SURVEY BASIS OF BEARINGS TEXAS STATE PLANE COORDINATE
Zolere,hc. these ABSTRACT No. 412 SYSTEM• NAO 83, NORTH CENTRAL ZONE. ?
MI McKinney Dane,Texas ' °g SOO TOWN OF PROSPER. IRS-S/8• IRON ROD SET WITH "HUI1T—ZOLLARS"CAP.
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Phone(214)871-3311 Fan(214)871.0757 COLLIN COUNTY,TEXAS i
PAGE 1 OF 2
LAND DESCRIPTION
• 10'WATER LINE EASEMENT
BEING a tract of land situated in the George Horn Survey,Abstract No.412,Town of Prosper,
Collin County,Texas and being a portion of Lot 1,Block A of Rhea Mills Estates,an addition to
the Town of Prosper as recorded'in Cabinet F,Page 753 of the Plat Records,Collin County,
Texas and being a portion of a tract of land described in instrument to Larry A.Lenny as
recorded under County Clerk's File No.93-0024267 of the Deed Records,Collin County,Texas
and being more particularly described as follows;
COMMENCING at a 3/8 inch iron rod found at the southeast corner of said Lot 1;
THENCE South 50 degrees 40 minutes 54 seconds West,along the southerly line of said Lot 1,a
(
distance of 19.26 feet to a 5/8 inch iron rod set with cap stamped"Huitt-Zollars"at the POINT
OF BEGINNING;
THENCE South 50 degrees 40 minutes 54 seconds West,continuing along the southerly line of
said Lot 1,a distance of 12.84 feet to a 5/8 inch iron rod set with cap stamped"iluitt-Zollars';
(
THENCE North 00 degrees 27 minutes 19 seconds West,departing the southerly line of said Lot
1,a distance of 20.15 feet to a 5/8 inch iron rod set with cap stamped"Huitt-Zollars";
THENCE North 00 degrees 24 minutes 58 seconds West a distance of 317.97 feet to a 5/8 inch
iron rod set with cap stamped"Huitt-Zollars"on the northerly line of said Lot 1;
•THENCE North 89 degrees 35 minutes 02 seconds East,along the northerly line of said Lot 1,a
distance of 10.00 feet to a 5/8 inch iron rod set with cap stamped"Huitt-Zollars';
THENCE South 00 degrees 24 minutes 58 seconds East,departing the northerly line of said Lot I .
1,a distance of 317.96 feet to a 5/8 inch iron rod set with cap stamped"Huitt-Zollars";
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THENCE South 00 degrees 27 minutes 19 seconds East a distance of 12.09 feet to the POINT
OF BEGINNING and containing 0.0767 of an acre of land,more or less.
For Huitt-Zoil rs
�����/' --� OF 1~F
Mitchl�S.Pillar �'� oisTEAF 9c3+
Registered Professional Land Surveyor co:
-•�" C►4£LlSGI}..PtttAi;
Texas Registration No.5491r 49t .
Huitt Zollars,Inc.
3131 McKinney Avenue
Suite 600
Dallas,Texas 75204
Ph.(214)871-3311
Date:March 2,2007
Revised:March 8,2007
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