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17-25 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 17-25 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.215 ACRES OF PROPERTY FOR THE FIRST STREET PROJECT, SAID PROPERTY LOCATED ALONG FIRST STREET AT 304 SOUTH MAIN STREET, 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 0.215 acres of land located at 304 South Main Street, 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 First Street 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 roadway; 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 PAS#eo"Aft6i f►f PROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEVk �fISF 1',Y OF MARCH, 2017. s� , 0 2 * o * = Ray Smith, llr�ayor v � lp n w �\ ypl� poe , Tow n APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Resolution No. 17-25, Page 2 Exhibit A BLUE STAR LAND, LP. I C. RAY McCEE DOC. NO. 20140411000350200 1 1 VOL 1146, PG 866 R.P.R.C. C. T. I 1 D. R.0 C. T. PROPOSED 15 -ROW -2 POINT OF COMMENCING — I PROPOSED 18 -ROW -1 - FOUND 1/2 -IRON ROD 1 AGUILAR RUT/Ll0 & YOLANDA VOL. 52.76, PC. 44,38 PROPOSED 17 -ROW -1 i- I D. R. C. C. T. 183 LAND CORPOIRATION, INC. S89.51'481 U. 5. DALTON AAV WIFE, JULIA DOG NO 97-0005168 476.91 DOC NO. 19711028080001440 R.P. R.C.C. T. R.P.R.C.0 T. PROPOSED 19 -ROW -1 PROPOSED 22 -ROW -1 N(T16'15'E - _ POINT OF BEGINNING- -x125.00_ SIR 24 -ROW -1 SiR SHRdDfR SANUl2A OMP7HLINORD 1800y SLOUGH V AND KFE, EUNICE, OX NO 70150922001205010 1 ' 197.7f1296085 1060 I R.P.R.C.C.T. N8951'53'W� PORTION OF 6LOCi� 7 I 75.d0' : 8RYANTS // A0017ION S89 5i'S3"E � i VOL. 16, PGC. . 162 75.00 SIR ''145IR 125.00' S. MAIN STREET 1:9 (VARIABLE WIDTH R.O.W.) IS PROPOSED 23 -ROW -1 PROPOSED 25 -ROW -1 18.3 LAYD COffiGMPaV INC. DOC. AV 91-0005168 R. P. R. C. C. T. Uj ILA ,� _:_ r PROPOSED 2' -ROW-1 "--jI RODOLFfJ SOTO 3 1 IDOC NO- 20151219006786101 I I R.P.R.CC.T LEGEND D.R.C.C.T. - DEED RECORDS. COLUM COUNTY, TEXAS !BASIS OF BEARINGS 11S NORTH AMERICAN DATUM OF 1993 I R.P.R.C.C.T. - REAL PROPERTY RECORDS, COLLIN COUNTY, TEXAS f (NAD -83) (2011) STATE PLANE COORDINATE SYSTEM, TEXAS I SIR - SET IRON ROD WITH CAP STAMPED 'GRAHAM ASSOC INC' WORTH CENTRAI. ZONE BASED ON GPS OBSERVATIONS. EXHIBIT A PARCEL 24 -ROW -1 BEING A 0.215 ACRE (9,375 SQ. FT.) RIGHT-OF-WAY SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY ABSTRACT NO. 147 COLLIN COUNTY, TEXAS Graham Associatesjnc. GRAPHIC SCALE 1"=50' © CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-853531 O 5D 1 DO TBPE FIRM: F-11911fBPLS FIRM: 101538-00 DRAWN BY: GAI DATE: 8/10/2016 PROJECT NO.: 2673-1010 SHEET 1 OF 2 FS.30 Resolution No. 17-25, Page 3 FS.30 PARCEL 24 -ROW -1 BEING A 9,375 SQ.FT./0.215 ACRE RIGHT-OF-WAY SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147 COLLIN COUNTY, TEXAS BEING a 0.215 acre tract of land out of the Collin County School Land Survey, Abstract No.147, Collin County, Texas, and being a portion of that certain parcel conveyed to Bobby Slough Jr. and wife, Eunice, as recorded in Document No. 19730226085501060, Real Property Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southwest comer of a tract of land conveyed to Aguilar Rutilio & Yolanda, as recorded in Volume 5236, Page 4438, Official Public Records, Collin County, Texas, and being the southeast corner of a tract of land conveyed to C. Ray McGee, as recorded in Volume 1146, Page 866, Real Property Records, Collin County, Texas, and also being in the north right-of-way line of West First Street (Variable Width Right -Of -Way); THENCE South 89°5148" East, a distance of 476.91 feet to the POINT OF BEGINNING, being a set 1/2 inch iron rod with cap stamped "GRAHAM ASSOC. INC."(GAI), said point being in said north right-of-way line, and being the southeast comer of a tract of land conveyed to M.S. Dalton and wife, Julia, as recorded in Document No. 1971102808000I440, Real Property Records, Collin County, Texas, and also being the southwest comer of said Bobby Slough Jr. and wife, Eunice tract; THENCE North 00°1615" East, leaving said north right-of-way line, along the east line of said M.S. Dalton and wife, Julia tract, and along the west line of said Bobby Slough Jr. and wife, Eunice tract, being a common line, a distance of 125.00 feet to a set V2 inch iron rod with cap stamped "GAI", being the northwest corner of said Bobby Slough Jr. and wife, Eunice tract and the northeast corner of said M.S. Dalton and wife, Julia tract; THENCE South 89'51'53" East, leaving said common line, along the north line of said Bobby Slough Jr. and wife, Eunice tract, a distance of 75.00 feet to a set 1/2 inch iron rod with cap stamped "GAi", said point being in the east line of said Bobby Slough Jr. and wife, Eunice, tract, and being in the west right -of way line of South Main Street (Variable Width Right -Of -Way), being a common line; THENCE South 00°16'15" West, along said common line, a distance of 125.00 feet to a set 1/2 inch iron rod with cap stamped " GAI", said point being at the intersection of said north right-of-way line, and of said west right-of-way line, and also being the southeast comer of said Bobby Slough Jr. and wife, Eunice tract; THENCE North 89051'53" West, along said north right-of-way line, and along the south line of said Bobby Slough Jr. and wife, Eunice tract, a distance of 75.00 feet to the POINT OF BEGINNING and CONTAINING 9,375 square feet, 0.215 acres of land, more or less. Sheet 2 of 2 Resolution No. 17-25, Page 4