16-26 R - Legacy Estates Sewer Property AcquisitionTOWN OF PROSPER, TEXAS
RESOLUTION NO. 16-26
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.813
ACRES OF PROPERTY FOR WASTEWATER LINE CONSTRUCTION AND
EASEMENT PURPOSES AS PART OF THE TOWN'S WASTEWATER SYSTEM,
SAID PROPERTY SITUATED GENERALLY IN THE COLLIN COUNTY SCHOOL
LAND SURVEY, TRACT 147, TOWN OF PROSPER, COLLIN COUNTY, TEXAS;
DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION;
AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR
THE 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.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
determined that approximately 0.813 acres of land situated in the Collin County School Land Survey,
Tract 147, Town of Prosper, Collin County, Texas (the "Property"), and more particularly described
and depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes, is
appropriate for use for sanitary sewer easement purposes, and that there exists a public necessity
to acquire the Property for the construction of the Town of Prosper's wastewater system, 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 its wastewater system and
WHEREAS, the Town Council desires that the Town Manager, or his designee, take all
necessary steps to acquire the Property for wastewater line construction and easement purposes
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
wastewater line construction and easement purposes, and if unsuccessful in purchasing the
Property for wastewater line construction and easement purposes, 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 construction of a portion of the Town's
wastewater system.
SECTION 3
The Town Manager, or his designee, is authorized and directed to negotiate for and to
acquire the Property for wastewater line construction and easement purposes, 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 wastewater line construction and easement purposes including, but not limited to, the
authorityto 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 wastewater line construction and easement purposes, 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 theTown
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 wastewater line construction and easement purposes.
SECTION 5
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS 26TH DAY OF APRIL, 2016.
ATTEST -
e"
Robyn attl'e, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ray Smit , Mayor
Resolution No. 16-26, Page 2
Exhibit A
Depiction and/or Description of the Property
FIELD NOTFS
SANITARY SEWER EASEMEmr
HEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, Collin County
T xas, and being a part of a called 18. 154 acre tract of land described in deed to James Richard Morgan, as
recordod in Doe. No. 2001-0046113 of the meed Records of Collin County, Texas (D.R,C.C,T.) and being
more particularly described by inetes and bounds as follows.
BEGINNING at a 3/4" iron rod found for the northwest corner of said 18.154 acre tiract, said iron rami being
the northeast corner of a 10.1147 acre tract of land de. cribed in a deed to Jeevan and Anita Bobbili, rccordcd
in Doc- No. 20114-1245000, D.R.C.C.T.;
THENCE North 88 Degrees 53 Minutes 29 Seconds East, along, the north lint of said 18.154 acre tract, a
distance of 401.03 Feet to a %" iron rod with cap stamped "Catton Surveyinge' set for corner,
'i"HE1Vf:E over and across said 18.154 acre tract, the following courses;
South 01 Degrees 14 Minutes 19 Seconds "Fest, a distance of 236.73 feet to a point;
South 56 Degrees 40 Minutes 17 Seconds Fast, a distance of 371,39 feet to a point;
Worth 89 Degrees 25 Minutes 41 Seconds bast, a distance of 243.63 Peet to a point from which a
VV' +ca,p,ped iron rod found .for the northeast comer of said 18,154 acre tract and the northwest
comer of a 9.440 acre tract of land described In deed to Estates of Prosper Trail, Inc,, recorded in
Doe, No. 20130325000392920, D.R.C.C.T., bears North Oil De es 36 Minutes 22 Simonds West, a
distance of 444.88 feet,
South 00 Degrees Sty Mimes 22 Second's East, a distance of 40,00 feat to a point;
South 89 Degrees 25 Minutes 41 Seconds West, a distance of 255.84 Net to a point;
North 56 Degrees 40 Minutes 17 Seconds 'West, a distance of 405.71 feet to a point its the east line
of said 10.1147 acre tract, also being the west line of said 18,154 acro tract;
North 41 Degmes 14 Minutes 19 Seconds East, along the easterly lire of said 103147 acre tract, and
the westerly line of said 18,154 acro t=4 a distame of 257,22 feet to the POINT OF BEGINNING
and containing 35,414 square feet or 0.813 acres of land mora or less.
Basis of bearings is the Texas State Plane Coordinate Systems NAD 83, Texas North Central Zone 4202, for
monurrients found along the north line of a tract of land described in deed to James. Richard Morgaaa, as
recorded in Doc, No, 2001.0104'6113 of the Deed Records of Collin County, "Texas_
Resolution No. 16-26, Page 3
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Resolution No. 16-26, Page 4