From
Dwayne Tyner
Title
Resolution authorizing the sale of right of way located at 2906 West Oakdale Road to the abutting property owner, Chokas Properties, LLC, a Texas Limited Liability Company, pursuant to Texas Local Government Code, Section 272.001(b)(1).
Presenter
Gabe Johnson, Director of Public Works
Recommended Action
Approve
Analysis
This property was acquired in 2010 as part of the future Oakdale Road extension project. There is extra wide right of way on the north side of at this intersection. This remainder contains approximately 1.365 acres of land (see “Exhibit A” for right of way description). This is a narrow strip of land that because of its shape cannot be used independently under its current zoning or under applicable subdivision or development control ordinances. Plans for an access drive that will bisect the property into even smaller parcels make the property an uneconomic remainder and unlikely to develop as a separate, independent piece of land.
Section 272.001 (b)(1) of the Texas Local Government Code authorizes a municipality to sell land such as this to the abutting property owner for less than fair market value. Chokas Properties, LLC, is the abutting property owner to the north of this right of way. Chokas Properties, LLC acquired the abutting property in 2019. The Chokas property is located at 2950 Roy Orr Boulevard in the Clean Machine Addition (see “Exhibit B” for aerial). Chokas has made improvements on its land that has benefitted its property and the public interest, and will make future improvements after the City conveys the ownership of this right of way to them as consideration for the conveyance.
Several improvements have been done or will be done:
1. The eastern side of the Chokas property was overgrown with vegetation and contained an illegal dump site for many years. Chokas cleaned up the site and transported 16 loads in a 20 cubic yard dump to the City of Grand Prairie landfill. Estimated cost savings to the City is $17,170.
2. There was a large berm about 20-feet tall on the border between the City’s right of way and Chokas property. This berm reduced visibility for people traveling west on Oakdale Road and south on Roy Orr Blvd. Also, this berm also inhibited drainage from north of Chokas property south towards the Trinity River. This berm was removed by Chokas and the entire area has benefitted by improving the drainage, visibility and providing landscaping areas. The proposed CentrePort Trail has also benefitted since dirt would have to be removed to construct the trail on the east side of Roy Orr Blvd. Estimated cost for required drainage and visibility improvements plus planned detention ponds by Chokas Properties, LLC, is $190,000.
3. The existing Clean Machine Addition consists of a convenience store, car wash and automotive repair building serviced by a sanitary lift station. The City tract and properties to the east of the City tract are not served by a sanitary sewer. As consideration for the land conveyance, Chokas Properties, LLC, will construct a new wastewater main which brings the sewer service to the Clean Machine Addition and the City tract. Estimated cost for Chokas Properties, LLC, is $117,717.
4. The car wash along the north side of the Chokas property does not properly drain. This drainage situation is made worse by drainage from Roy Orr discharging into the car wash lot. As consideration for the land conveyance, Chokas is required to construct a plume on their property to drain the car wash site and then create two detention ponds. Chokas will be required to dedicate a portion of their property to the detention ponds and flume. Estimated cost for Chokas Properties, LLC, is $78,000.
5. Providing additional landscaping for the intersection of Roy Orr Boulevard and Oakdale Road with removal of the berm
6. Connecting to the existing storm water system in Oakdale Road thus diverting some of the surface water from Roy Orr Boulevard by discharging it into the existing City storm sewer.
7. Cleaning up the right-of-way of Oakdale Lane.
8. Stabilizing the existing slope between the Clean Machine Addition and the City tract.
Total cost of the improvements that have been and will be made in the future is estimated at approximately $ 403,000, which is about double the estimated $217,800 value of the land.
Staff recommends that the Council authorize the sale of the land to Chokas Properties, LLC, and authorize the City Manager to execute a deed conveying the property, in exchange for certain improvements that serve public purposes.
Chokas Properties, LLC is the only abutting property owner (fee owner) to this City tract.
The City will reserve all minerals with a surface access waiver in a Deed Without Warranty.
Financial Consideration
Cost Savings of $402,887
Body
A RESOLUTION APPROVING THE SALE OF REAL PROPERTY LOCATED AT 2906 WEST OAKDALE ROAD IN THE CITY OF GRAND PRAIRIE (THE “PROPERTY”); AUTHORIZING THE CITY MANAGER OF THE CITY OF GRAND PRAIRIE TO EXECUTE A DEED CONVEYING THE PROPERTY TO THE ADJOINING PROPERTY OWNER, CHOKAS PROPERTIES, LLC (THE “BUYER”); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has determined that the Property is a narrow strip of land that, because of its shape, lack of access to public roads or small area cannot be used independently under the City’s development control ordinances and that Local Government Code Section 271.001(b)(1) apples to the Property;
WHEREAS, the City is the owner of certain real property located near the intersection of Roy Orr Boulevard and West Oakdale Road, which property the City has determined cannot be developed on its own and can only benefit the abutting property owner, Chokas Properties, LLC;
WHEREAS, the City has incurred mowing and maintenance expenses to properly maintain the property;
WHEREAS, as consideration for the sale of the property the Buyer has agreed to construct a new sanitary sewer main that will bring sewer service to the property and benefit surrounding tracts; and address flooding issues in the area by constructing a flume and two detention ponds on its abutting property and connecting to the exiting stormwater system on Oakdale Road in order to divert surface water from Roy Orr Blvd and discharge it into the existing storm sewer; (the “Improvements”);
WHEREAS, the City has determined that the Property is no longer needed for public use and that selling the property is in the public’s best interest because it eliminates the City’s expenses associated with maintaining the property, and avoids costs associated with constructing a sewer main to serve the property and those nearby, and costs associated with drainage improvements to address drainage issues in the area, the costs of which approximate the appraised value of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
Section 1. That the City of Grand Prairie hereby abandons the 1.365 acre portion of the right-of-way described and depicted in Exhibit “A”.
Section 2. That the sale and conveyance of real property, described and depicted on Exhibit “A”, by the City of Grand Prairie to the Buyer for $10.00 plus construction of the Improvements is hereby approved.
Section 3. That the City Manager is hereby authorized to execute a Deed Without Warranty to effectuate this approval.
Section 4. That this Resolution shall be and become effective immediately upon and after its adoption and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, NOVEMBER 3, 2020.