From
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Title
Ordinance providing for the acquisition of a sanitary sewer easement from American Inn, Joint Ventures for the FY 11 I&I Replacements Project, in exchange for the abandonment of unneeded portions of two general easements near the intersection of Beltline and Tarrant Roads and a payment of $2,000
Presenter
Bill Crolley, Director of Planning and Development
Recommended Action
approve
Analysis
The City needs to acquire a sanitary sewer easement, located near the intersection of Belt Line
and Tarrant Roads, from American Inn, Joint Ventures in order to relocate and replace an existing sewer line that has deteriorated. The property owner has agreed to convey the easement to the City in exchange for the abandonment of portion of two existing easements that will no longer be needed once the line is relocated, plus a cash payment of $2,000.00. The abandonment will not become effective until the new sewer line is completed.
Financial Consideration
Funds providing for the acquisition of a sanitary sewer easement from American Inn, Joint Ventures for the FY 11 I&I Replacements Project, in exchange for the abandonment of unneeded portions of two general easements and a payment of $2,000 is available in the Wastewater Capital Project Fund (500692) WO#01106301 (FY 11 I&I).
Body
AN ORDINANCE PROVIDING FOR ABANDONMENT OF UNNEEDED PORTIONS OF TWO GENERAL EASEMENTS, LOCATED NEAR THE INTERSECTION OF BELT LINE AND TARRANT ROADS IN THE CHARLES CAMPBELL SURVEY, ABSTRACT NO. 376, GRAND PRAIRIE, DALLAS COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO AMERICAN INN JOINT VENTURES THE FEE OWNER; 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 CONVEYANCE OF A NEEDED SANITARY SEWER EASEMENT TO THE CITY; PROVIDING FOR THE PAYMENT OF ADDITIONAL CONSIDERATION BY THE CITY FOR THE NEEDED EASEMENT; PROVIDING FOR A FUTURE EFFECTIVE DATE 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 of American Inn Joint Ventures, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim unneeded portions of two general easements 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 portions of the general easements, subject to a future effective date, are 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, future effective date and consideration hereinafter more fully set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That the existing 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 and future effective date hereinafter more fully set out.
SECTION 2. That for and in consideration of the conveyance of a new required sanitary sewer easement to the City by GRANTEE over and across the area described in "Exhibit B" attached hereto and made a part hereof, the City of Grand Prairie does by these presents QUITCLAIM, subject to the conditions and future effective date hereinafter specified, 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 shall be binding upon GRANTEE, its successors and assigns.
SECTION 4. That the City shall pay the sum of $2,000.00 to GRANTEE upon delivery of the sanitary sewer easement to City, as described in SECTION 2. herein above.
SECTION 5. That if said sanitary sewer easement, in a form acceptable to the City, is not delivered to City within twenty (20) days of the passage of this ordinance, this ordinance shall be null and void and no longer of effect.
SECTION 6. That the abandonment and quitclaim provided for herein shall not become effective until a new replacement sanitary sewer line is constructed, within the new required easement described in Exhibit B, and accepted by the City.
SECTION 7. 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.
SECTION 8. 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 9. That as a condition of this easement abandonment and as a part of the consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors 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 its successors 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 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Real Property Records of Dallas County, Texas, and shall deliver to GRANTEE, subsequent to recording, the certified copy of this ordinance, and the City Manager is authorized to sign a quitclaim deed on behalf of the City, subject to the conditions and future effective date herein specified.
SECTION 11. That this ordinance shall take effect immediately from and after its passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 16TH DAY OF OCTOBER, 2012.