From
Chris Hartmann
Title
Public hearing and ordinance authorizing the abandonment of an unneeded portion of the street right-of-way of NE 3rd Street between E. Church Street and E. Main Street, with contingency
Presenter
Assistant City Manager Bill Crolley
Recommended Action
Approve
Analysis
Conduct a public hearing and consider an ordinance authorizing the abandonment of an unneeded portion of improved Northeast 3rd Street located between East Church Street and East Main Street.
The abandonment applicant, Uplift Education, a Texas non-profit corporation, has requested the abandonment of a portion of Northeast 3rd Street (see aerial Exhibit “B”). Uplift Education proposes to expand their campus and build a two-story primary school building. The existing right-of-way encumbers the site and would be on conflict with the proposed building limits (see property description Exhibit “A”).
Staff has reviewed the requested abandonment and recommends the street abandonment. Uplift Education is responsible for paying for any re-routing of City utilities or drainage required for this proposed building expansion.
Financial Consideration
$9,538 abandonment fee and $500 application fee to City.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, PROVIDING FOR THE RIGHT-OF-WAY ABANDONMENT OF AN UNNEEDED PORTION OF IMPROVED NORTHEAST 3RD STREET LOCATED BETWEEN EAST CHURCH STREET AND EAST MAIN STREET, TO WIT: BEING A 0.109 ACRE TRACT OF LAND LOCATED IN THE MCKINNEY & WILLIAMS SURVEY, ABSTRACT NO. 1003, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, BEING A PORTION OF N.E. 3RD STREET, A 25.00’ PUBLIC RIGHT-OF-WAY AND AS DEDICATED IN THE PLAT OF WILLIAM H. THOMAS FIRST ADDITION, ACCORDING TO THE PLAT RECORD IN VOLUME 1, PAGE 67 DEED RECORDS, DALLAS, COUNTY, TEXAS (DRDCT) SAID 0.109 ACRE TRACT OF LAND; PROVIDING FOR THE CONSIDERATION FOR THE ABANDONMENT; AND PROVIDING AN EFFECTIVE DATE FOR THE ORDINANCE CONTINGENT UPON SUBSTANTIAL COMPLETION OF NEW SCHOOL FACILITIES.
WHEREAS, the City Council of the City of Grand Prairie, acting pursuant to law and upon the request and petition of Uplift Education, a Texas non-profit corporation, has requested the abandonment of a portion of Northeast 3rd Street, hereinafter referred to as GRANTEE, deems it advisable to abandon a 0.109 acre (4,769 sf) tract of land, being a 25-foot wide public right-of-way, in the City of Grand Prairie, Dallas County, Texas, contingent abandonment ordinance becomes effective upon project expansion acceptance by the City and substantial completion of the new school facilities, said right-of-way more particularly described in Exhibit A - Survey/Legal Description attached hereto and incorporated herein; and
WHEREAS, the City Council of the City of Grand Prairie is of the opinion that said public right-of-way is not needed for public use, and same should be abandoned and quitclaimed upon satisfactory completion of contingency; and
WHEREAS, the City of Grand Prairie will file a QUITCLAIM DEED of the subject abandoned street right-of-way to said GRANTEE; 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, contingency 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 tract of land described in Exhibit A - Survey/Legal Description 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 contingency hereinafter more fully set out.
SECTION 2. 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 3. 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 will become effective upon project expansion acceptance by the City and substantial completion of the new school facilities. Said street abandonment is that the easement won’t be abandoned until, at the expense of the applicant, the existing utilities are rerouted so that no building will be built over utilities. GRANTEE by acceptance hereof agrees that it will not block or divert existing drainage patterns, except in accordance with plans approved by the City Engineer of City.
SECTION 4. That as a condition of this 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 - Survey/Legal Description. 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 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 and contingency 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, ON THIS THE 4th DAY OF, APRIL, 2017.
ORDINANCE NO. 10248-2017
CASE NO. RA170401