Legislation Details

File #: 20-10378    Version: 1 Name: RA200901 - Right of Way Abandonment
Type: Ordinance Status: Adopted
File created: 9/8/2020 In control: Planning
On agenda: 10/13/2020 Final action: 10/13/2020
Title: RA200901 - Right of Way Abandonment - Abandonment of a portion of City right-of-way known as Esplanade for development of the EpicCentral project located in the Central Park Addition, City of Grand Prairie, Dallas County, Texas. EpicCentral is located at the intersections of Arkansas Lane, SH 161 and West Warrior Trail. The applicant is the City of Grand Prairie, Texas. a. Conduct a public hearing b. Ordinance authorizing the abandonment of an portion of the street right-of-way
Attachments: 1. EXHIBIT A EXPLANADE ABANDONMENT.pdf

From

Monica Espinoza

 

Title

RA200901 - Right of Way Abandonment - Abandonment of a portion of City right-of-way known as Esplanade for development of the EpicCentral project located in the Central Park Addition, City of Grand Prairie, Dallas County, Texas. EpicCentral is located at the intersections of Arkansas Lane, SH 161 and West Warrior Trail.  The applicant is the City of Grand Prairie, Texas.

a.  Conduct a public hearing

b.  Ordinance authorizing the abandonment of an portion of the street right-of-way

 

Presenter

Gabe Johnson, Director of Public Works, and Andy C. Henning, Senior Building and Construction Projects Manager

 

Recommended Action

Approve

 

Analysis

In order to develop the EpicCentral project, a portion of dedicated right-of-way of Esplanade needs to be abandoned.  This right-of-way was dedicated in fee to the City of Grand Prairie by plat of the Central Park Addition.  The abutting property owner and underlying fee owner is the City of Grand Prairie.

 

Ownership of the abandoned right-of-way will stay with the City of Grand Prairie to be incorporated into the development plans of EpicCentral (see property description Exhibit “A”).

 

Staff has reviewed the requested abandonment and recommends the street abandonment with the conditions set forth in the ordinance.

 

 Body

 

AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, PROVIDING FOR THE ABANDONMENT OF A PORTION OF STREET RIGHT-OF-WAY KNOWN AS  ESPLANADE IN THE CENTRAL PARK ADDITION, OUT OF THE D.R. CAMERON SURVEY, ABSTRACT NO. 295, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; PROVIDING FOR THE  CITY OF GRAND PRAIRIE, THE ABUTTING OWNER AND UNDERLYING FEE OWNER OF ESPLANADE TO RETAIN ALL ITS RIGHTS, TITLE AND INTERESTS TO THE ABANDONED ESPLANADE RIGHT-OF-WAY; PROVIDING FOR THE TERMS AND CONDITIONS OF 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 THE CITY OF GRAND PRAIRIE, deems it advisable to abandon a portion of a street right-of-way known as Esplanade, in the City of Grand Prairie, Dallas County, Texas, to allow for the development of the EpicCentral project, said right-of-way more particularly described in attached “Exhibit A” attached hereto and incorporated herein; and

 

WHEREAS, said right-of-way was dedicated in fee simple to the City of Grand Prairie, Texas, by the City of Grand Prairie, Texas, by plat of Central Park Addition, recorded in the Official Public Records of Dallas County, Texas, as Instrument Number 200900026373, filed January 29, 2009; and

 

WHEREAS, the City Council of the City of Grand Prairie in order to move forward with the development of EpicCentral plans deems it necessary for that portion of Esplanade right-of-way containing approximately 1.7236 acres (or 75,078 s.f.) as shown in “Exhibit A”, be abandoned; and

 

WHEREAS, the City Council is of the opinion that the best interest and welfare of the public will be served by abandoning that specific portion of Esplanade in order to incorporate the abandoned right-of-way into the new EpicCentral development plans.

 

NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE:

 

SECTION 1.  That the tract of land described in “Exhibit A” attached hereto and made a part hereof, be and the same shall be abandoned, vacated and closed; subject, however, to the conditions hereinafter more fully set out.

                     

SECTION 2.  That the City of Grand Prairie abandon that portion of Esplanade right-of-way subject to the conditions hereinafter made, HOWEVER, the City of Grand Prairie is retaining all its rights, title and interests in and to that Esplanade right-of-way described in ‘Exhibit A” attached hereto and made a part hereof.

 

SECTION 3.  That the terms and conditions contained in this ordinance shall be binding upon the City, its successors and assigns.

 

SECTION 4.  That the abandonment 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 5.  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 a 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 herein specified.

 

SECTION 6.  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, THIS THE 13th DAY OF OCTOBER 2020.

                     

                                                                                                                               APPROVED:

 

 

                                                                                                                              _______________________________
                                                                                                                              Ron Jensen, Mayor

 

 

ATTEST:                                                                                                         APPROVED AS TO FORM:

                                                                                                                              MEGAN MAHAN, CITY ATTORNEY

                                                                                    

________________________                                                               _________________________________

City Secretary                                                                                    City Attorney

 

 

CASE NO.  RA200901

ORDINANCE NO. 10922-2020