17-24 - RTOWN OF PROSPER, TEXAS
RESOLUTION NO. 17-24
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 1.93
ACRES OF PROPERTY FOR THE CONSTRUCTION OF THE OLD TOWN
REGIONAL DETENTION/RETENTION PROJECT SITUATED GENERALLY IN
THE COLLIN COUNTY SCHOOL #12 LAND SURVEY, ABSTRACT 147, IN
THE TOWN OF PROSPER, COLLIN 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.
WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has
determined that approximately 1.93 acres of land situated generally in the Collin County School
#12 Land Survey, Abstract 147 in the 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 the Old Town Regional
Detention/Retention 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 a regional
detention/retention structure; 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 PASS ty APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEX,Sh IPA P %AY OF MARCH, 2017.
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Ray mith, Mayor
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RolSyn Baal , Town
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Resolution No. 17-24, Page 2
Exhibit A
Depiction and/or Description of the Property
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BANC A TRACT OF LAND LOCATED W Me COLLW COUNTY SCHOOL LAND /T2 SURVEY, ABSIRACT Na 147, COLUN COUNTY, TEXAS, OOK ALL OF LOTS 1 THROUGH 6,
BLOCK IQ BRYAN'S FIRST ADOIRON, AN ADDIRON 1O THE CITY Or PROSPER, COLUN COUNTY, TEXAS AS SNOMN ON THE PLAT RECORDED IN K%i)W 116, PACE 762
0££D RECYIROS COU.UN COUNTY, FEXAS (D,RCC r), AND RETNG YORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOMCS
WaVVNG AT A I/2' TROY RDD FOUND WIN A CAP STAMP£O X SW DI RPLS ,7700" AT THE WTERSECRON OF WE SOUTH RIGHT--CIT-WAY UNE OF EAST STN STREET
(A CALLED 60' WOE RXNT-OF-WAY) W7H THE NEST RjCNT-CF-WAY LWE DF NORTH PARNN STREET (A CALLED 60' W" RIGHT OF -WAY), SAID IRON ROO BERG THE
NawmciSr CORNER OF SAID Lor 6
THENCE S 003070' E, ALONG THE EAST LINE OF SMO LOT 6, AND INE MOST R41T-OF-WAY ONE Or SAID NORTH PARKN STR££T, A 061ANCE a� 140.07 FEET (PLAT,
140) TO A 1/2' )RaN ROO SET 10TH A CAP STAMPED -MER k ASSOC ANC' AT THE INTERSEC RON Of THE REST RICHT-OF-WAY UNE OF SAID NORTH PARNN ROAD
MTH RIE NOR IN RICHT-OF-WAY UNE OF A 20' ALLEY AND BVNC !N£ sou TwAST Gomm OF SAND LOT 6.
THENCE S 8976'78' W, ALONG /HE NORTH RICHT-OF-WAY LWE OF SAO 20' ALLEY AND RAE SOUTH LME OF ,£YD LOTS I THROUGH 6, A OISTANCE OF 299.76 FEET
(PLAT' ,7007 TD A 1/2- AROV ROD SET MTN A CAP STAMPED 'WER k ASSOC WC' AT IH£ M7ERSECRON of RIE NORIN RKAr-OF-WA1' UNE OF SAID 20' ALLEY
MRN INE EAST RICHT-GF-WAY UNE OF NORM C7 tWH SMEEr (A CALLED 60' RICHT-OF-WAY) AND BANG AAE SOUTHRESr CORNER OF SAID LOT I;
THENCE N 009!'4!' W, ALONG THE EAST MCHI-OF-]TAY LAKE OF SAID NORRI cH%WCH smar Ahl1 ITAE NEsr LME OF SAID LOT I, AT A 01 STANCE OF ta00 FEET
PASSING A 1/2' A90N ROD FOUND, CAVI7NUNG IN ALL A TOTAL ORSTANCE OF 14a30 FEET (PLA r. )407 TO A 1/2' IRON RCD FOUND AT THE INTERSECRON OF THE
EAST RTGIT--or WAY UNE OF SAID NORTH Cf1URCH STREET MFH rW SOUTH R/G!T-Or-WAY UNE Or SAM EAST 3RI SnUFr AND 9ANC IhE NORTNNEST CORNER OF
SAID LOT I;
THENCE N 897902' E ALONG INC SOUTH RICHT-OF-WAY UNE OF SAID EAST STH STREET AND THE NCIRRI UNE OF SAID LOTS I THROUGH 6, A DISTANCE OF 299.82
FEET (PLAT' 3007 70 THE PLACE OF BEGINNING ANO CCNTAWWG 0.965 ACRES (42026 SQUARE FEET) OF LANG, MORE OR LE51
TRACT 2,
8EMC A TRACT aF LAND LOCATED IN THE OOLLN COUNTY SCHOOL LANO /12 RARYEY, ASSMACr Na 147, COLON COUNTY 7LXAS, BEING ALL OF LOTS 7 rHROUGH 12,
BLOCK Ta 6RrAN'S FIRsr AODIAON, AN AD&TON TD THE CITY OF P WVV., COLUN COMFY, TEXAS, AS SHONN ON THE PLAT REGO40E0 W 4QUME 116, PACE 161.
DEED RECORDS COLLIN COUNTY, TEXAS (D.RCC r), AND BANG MORE PARTICULARLY &ESO MW BY METES AND BOVNOS AS FOLLOWS•
SEGNNNC AT A T/2' IRON Rao FOUND MRI A CAP STAMPED ',E SWIH RPLS 3710' AT THE IN7ERSECRON OF THE NORTH RICHT-OF-WAY LME OF EAST &ROADWAY
STREET (A CALLED 100' MIRE RIGHT-OF-WAY) MIN INE EAST RICHT-OF-WAY LWE OF NORTH CH0704 STREET (A CALLED 60' WOE R1GNT-Or-"AY), SAID VON ROD
BEING THE SOURINEST GARNER Or SAO LOT IZ
TNkNCE N 003!'41' W. ALONG IHE RESF LAME CF SAO LOT 12, AND M£ EAST R1GIr-OF-WAY UNE OF SATO NORTH CRURCH STREET, A &STANCE OF 14a JO FEET
(P1Af 1407 TO A W ARAN ROD SET 07H A CAP STAAIPL'D 'Wq k ASSOC INC" AT THE Nr7ERsEC77CW OF THE EAST A%Nr-OF-WAY LINE OF SAV NORTH CHUROY
STREET WIN 114E SOUTN R7GIt OF -WAY UNE OF A 20' ALLEY MFH INE NORMHIIEST CORNER OF SMO LOT Ix
INENCE N 8975'31' E, ALONG 714E SOUIN RICHT-OF-WAY LWE OF SAO 20' ALLEY AND rW NORTH UNE OF SAID LOIS 7 POOUGH 12, A &STANCE OF 299.75 FEET
(PLAT 300) TD A 1/2' ,WON ROD SET MIN A CAP STAAIPEV 'M11R k ASSOC INC' AT THE N7ERSEC►R,W OF RIE SOUTH 18GHT-OF-NAY LAVE of SATO 20' ALLEY
AND BANG THE NEsr RA?IT--OF-WAY UNE OF NORTH PARNN smar (A CALLED 60' RLGIT-OF-WAY) AND BEING THE NORTHEAST CORNER OF SAND LOT ;.-
YHENCE S POS070' & ALONG RNE NEST RICHT-OF-WAY UNE OF SNO NwrN PARMN STREET AND THE EAST UNE OF SARA LOT 7, A &STANCE OF 14007 FEET (PLAT.,
140) TO A F12' TROY ROO FOLNO ARTY A CAP SGMP£D ',E SMITH RPLS J700' AT WE INTERS£CAON OF INE NEST RIGHT-OF-WAY UNE OF SAID NORTH PARNN
STREET MRM THE NORIN R7GNT-OF-WAY UAW OF SAO EAST BROADWAY STREET Aho SVNG THE SQUPWA.Sr CORNER OF SAO LOT 7,
RNENOE S 897377 W ALONG RLE NORTH RCHr-OF-WAY LINE Or SAID FAST BROADWAY STREET AND THE SOUTH UNE OF SAND LOTS 7 THROUGH 12, A DISTANCE OF
299.69 FEET (PLAT 3007 TO THE PLACE OF BEQNNNG AND CtWTARLNC OW ACRES (42,016 SOVARE FEET) OF LAIC, MORE OR LESS
Resolution No. 17-_ Page 3
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