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Title
Ordinance authorizing the abandonment of an un-needed drainage and utility easement located at 716 Caspian Way to Patricia J. Juszli Trust for $250; Authorize City Manager to sign a quitclaim deed on behalf of the City
Presenter
Steve Norwood, Director of Planning and Development
Recommended Action
Approve
Analysis
The abandonment applicant and property owner, Patricia J. Juszli Trust, has requested the abandonment of a drainage and utility easement on the north side of the trust’s lot (see aerial location as Exhibit “B”). All public utility companies have agreed to the abandonment. Approving this abandonment will clear a portion of the pool, pool deck, hot tub and wooden deck from encroaching on the easement. These encroaching items were constructed by a previous owner. This abandonment will also allow the current owners to construct a pergola at this location.
Staff has reviewed the requested abandonment and finds that the abandonment of the drainage and utility easement will not hinder drainage or utilities in the area. All pre-existing drainage patterns will be maintained.
Financial Consideration
Revenue: $250.00 paid with application
Body
AN ABANDONMENT ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED TO THE PATRICIA J. JUSZLI TRUST FOR $250 FOR ABANDONMENT OF AN UN-NEEDED PUBLIC DRAINAGE AND UTILITY EASEMENT ON LOT 4, BLOCK U, POLO HEIGHTS, PHASE 1 ADDITION TO THE CITY OF GRAND PRAIRIE, THOMAS J. TONE SURVEY, ABSTRACT NUMBER 1460, DALLAS COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO THE PATRICIA J. JUSZLI TRUST, THE FEE OWNER OF POLO HEIGHTS, LOT 4, BLOCK U, PHASE 1 ADDITION; 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 THE PATRICIA J. JUSZLI TRUST, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim an un-needed public drainage and utility easement 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 public drainage and 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 tract 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.
SECTION 5. That all pre-existing drainage patterns will be maintained.
SECTION 6. 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 7. 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 8. That 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, subject to the conditions herein specified.
SECTION 9. 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, MARCH 5TH, 2019.