07-075 - R TOWN OF PROSPER,TEXAS RESOLUTION NO. 7 -.0 7-5-
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[Carter 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 the28 day of /u61157- .r:/,/
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_ harles Niswanger, ayor
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atthew Denton, Town Secretary : 0 o �
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Resolution to Acquire Property [Carter Water Line-FM 24' o Z Page 2 of 3
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EXHIBIT "A"
Legal Depiction and Description of Carter Easement
Resolution to Acquire Property [Carter Water Line-FM 24781 Page 3 of 3
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1
RICHARD AND V1CIE •
McCABE
VOL. 6016, PG. 4852
D.R.C.C.T.
BLOCK A i
LOT 46
4
RHEA MILLS CIRCLE
CAB. F, PG. 753 POINT POW" BEGINNING SCALE: 1"=60'
P.R.C.C.T. N 8935'02'E rte„ OF COMMENCING ROW) 10.00' , IRS �1/2" IRF W/#4868 CAP BEARS
«cfff N51'12'51"W 0.25'
IRS
/
S 89'35'02"W
15.00'
TEMPORARY
CONSTRUCTION
EASEMENT
10' WATER EASEMENT /
0.0786 ACRES I
/ 10' Y EASEMENT
CAB.B. F, PG. 753 1 .
zz r m P.R.C.C.T.
o
. c;/°
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0) /r
ILI
1--l'`) CHARLES M. AND
Ln
4-.r` ELIZIBETH CARTER
to ►- VOL. 5931, PG. 1931 co
ti7 C3 6 D.R.C.C.T. r 3
LL 0. Na6
0)tL BLOCK B b
Q LOT 1 0°11°
1�
hi U
w/N
4.
0 TEMPORARY
CONSTRUCTION
9 EASEMENT
IRS .,
•
/IRS
S 8935'02-W
10.00'
FOREST J. McADAMS HI
CC# 00-0091907
D.R.C.C.T.
LOT 30
s O' WATER EASEMENT PLANE COORDINATE
OUT OF THE GEORGE HORN SURVEY SYSTEM NAD 83 NORTH CENTRAL- pia ABSTRACT No. 412
MI IRON ROD SET WITH 'HUITT—ZOL ARS' CAP.
I McKinney Avenue,Suite 600 TOWN OF PROSPER,
Da9a-Texan 75204-2489 COLLIN COUNTY,TEXAS
Phone(214)871-3311 Fax(214)871-0757 PAGE 1 OF 2
LAND DESCRIPTION
10'WATER LINE EASEMENT
BEING a tract of land situated in the George Hom Survey,Abstract No.412,Town of Prosper,
Collin County,Texas and being a portion of Lot 1,Block B 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 Charles M.and Elizibeth
Carter as recorded in Volume 5931,Page 1931 of the Deed Records,Collin County,Texas and
being more particularly described as follows;
COMMENCING at the northeast corner of said Lot 1 from which a Y2 inch iron rod found with
cap stamped#4868 bears North 51 degrees 12 minutes 51 seconds West a distance of 0.25 feet;
THENCE South 89 degrees 35 minutes 02 seconds West,along the northerly line of said Lot 1,a
distance of 15.00 feet to a 5/8 inch iron rod set with cap stamped"Huitt-Zollars"at the POINT
OF BEGINNING;
THENCE South 00 degrees 24 minutes 58 seconds East,departing the northerly line of said Lot
1,a distance of 342.31 feet to a 5/8 inch iron rod set with cap stamped"Huitt-Zollars"on the
southerly line of said Lot 1;
THENCE South 89 degrees 35 minutes 02 seconds West,along the southerly 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 North 00 degrees 24 minutes 58 seconds West,departing the southerly line of said Lot
1,a distance of 342.31 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 the POINT OF BEGINNING and containing 0.0786 of an acre of land,
more or less.
For Huitt- lla /�� �
OF
ks
Mite ell S.Pillar c. ' ' ° •.N
Registered Professional Land Surveyor •-MITCHELL SAGUN PILLAR
Texas Registration No.5491 s 5491
Huitt-Zollars,Inc. ' �FSS1�`'�:�De
3131 McKinney Avenue �° WO SUPN�..
Suite 600
Dallas,Texas 75204
Ph. (214)871-3311 .
Date: March 2,2007
Revised:March 8,2007
Page 2 of 2
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