From
Dwayne Tyner
Title
Ordinance authorizing the abandonment of utility easements at 218 East Main contingent upon building expansion plans
Presenter
Bill Crolley, Assistant City Manager
Recommended Action
Approve
Analysis
The abandonment applicant, Uplift Education, a Texas non-profit corporation, has requested the abandonment of utilities in a twenty-foot alley (see aerial map for alley location). This utility easement abandonment is contingent upon the future building expansion plans proposed at this location and being approved by the City.
This alley was abandoned by City Ordinance No. 6055 passed April 6, 1999. This Ordinance quitclaimed the alley to First Baptist Church, however, this was made subject to the City keeping easements for utilities. The Ordinance provided no building would be constructed over those utility lines. Now, Uplift Education needs to expand their buildings and construct over the existing utility lines. Uplift will pay for re-routing of all City utility lines required for this expansion (Exhibit “A” Tracts 1 and 2 easement descriptions).
Staff has reviewed the requested abandonment and recommends approval of the abandonment subject to the Uplift Education contingent building plan approval and construction. All public utilities have approved this proposed abandonment.
Financial Consideration
Revenue: $250 paid with application
Body
AN ORDINANCE PROVIDING FOR ABANDONMENT OF AN UNNEEDED PUBLIC UTILITY EASEMENT IN THE MCKINNEY AND WILLIAMS SURVEY, ABSTRACT NO. 1003, TO THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO UPLIFT EDUCATION, A TEXAS NON-PROFIT CORPORATION THE FEE OWNERS OF LOTS 1, 2 AND 3, BLOCK 7 AND LOTS 1, 2 AND 3 BLOCK 19, ORIGINAL TOWN OF GRAND PRAIRIE, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 32, PAGE 578, DEED RECORDS OF DALLAS COUNTY, TEXAS; PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT AND QUITCLAIM MADE HEREIN; PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF GRAND PRAIRIE AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT HEREIN; PROVIDING FOR THE CONSIDERATION FOR THE ABANDONMENT; AND PROVIDING AN EFFECTIVE DATE FOR THE ORDINANCE.
WHEREAS, the City Council of the City of Grand Prairie, acting pursuant to law and upon the request and petition of UPLIFT EDUCATION, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim an unneeded public utility easements, in two tracts, in the City of Grand Prairie, Dallas County, Texas, more particularly described in “Exhibit A”, attached hereto and incorporated herein; and
WHEREAS, the City Council of the City of Grand Prairie is of the opinion that said portion of the public utility easement is not needed for public use, and same should be abandoned and quitclaimed; and
WHEREAS, the City Council of the City of Grand Prairie is of the opinion that the best interest and welfare of the public will be served by abandoning and quitclaiming the same, subject to the conditions and for the consideration hereinafter more fully set forth.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE:
SECTION 1. That the easement tracts described in “Exhibit A”, which is attached hereto and made a part hereof, be and the same shall be abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject, however, to the conditions hereinafter more fully set out.
SECTION 2. That for and in consideration of the sum of TWO HUNDRED FIFTY AND NO/100 ($250.00) DOLLARS paid by Grantee with his application, the City of Grand Prairie does by these presents QUITCLAIM, subject to the conditions hereinafter made, all its rights, title and interest in and to that certain tract or parcel of land described in “Exhibit A”, attached hereto and made a part hereof unto GRANTEE. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges and appurtenances thereto in any manner belonging unto the said GRANTEE.
SECTION 3. That the terms and conditions contained in this ordinance and the application for the abandonment previously submitted to the City shall be binding upon GRANTEE, its successors and assigns.
SECTION 4. That the abandonment provided for herein is made subject to all present zoning and deed restrictions, if the latter exist, and is subject to all existing easement right of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise. Said abandonment is subject to building plan approval, re-routing existing City utilities on this easement and construction of expansion plans for Uplift Grand Prep school. Quitclaim shall be conveyed once project expansion has been accepted by City, existing City utilities have been re-routed at the expense of Grantee, and there has been substantial completion of the new facilities by Grantee.
SECTION 5. That the abandonment and quitclaim provided for herein shall extend only to the public right, title, easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Grand Prairie may legally and lawfully abandon and vacate.
SECTION 6. That as a condition of this abandonment and as a part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, his heirs, executors and assigns, agree to indemnify, defend, release and hold the City of Grand Prairie whole and harmless against any and all claims for damages, costs or expenses to persons or property that may arise out of, or be occasioned by or from the abandonment, closing, vacation, and quitclaim by the City of Grand Prairie of the area set out in “Exhibit A”. GRANTEE his heirs, executors and assigns hereby agree to defend any and all suits, claims, or causes of action brought against the City on account of same, and discharge any judgment or judgments that may be rendered against the City of Grand Prairie in connection therewith.
SECTION 7. That upon completion of the conditions specified herein, the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Official Public Records of Dallas County, Texas, and shall deliver to GRANTEE a certified copy of this ordinance, and the City Manager is authorized to sign a quitclaim deed on behalf of the City, upon completion of the conditions herein specified.
SECTION 8. That this ordinance shall take effect upon project expansion acceptance by City and substantial completion of the new facilities by Uplift Education and after this ordinance's passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 21st DAY OF MARCH, 2017.