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Title
Ordinance authorizing the abandonment of an unneeded portion of the street right-of-way containing 933 square feet on Seeton Road to the abutting property owner Scanio Falls Lot Venture, Ltd, for a $500 application fee and $500 sales price
Presenter
Gabe Johnson, Director of Public Works
Recommended Action
Approve
Analysis
The abandonment applicant, Scanio Falls Lot Venture, Ltd., a Texas Limited Partnership, has requested the abandonment of a portion of the street right of way for Seeton Road. (See aerial Exhibit “B”). Only 5-feet of right of way is requested. This right of way was originally dedicated a by plat in 1991 with the Paris Addition Final Plat. This 5-foot area is to be used to construct a Clear Lake Subdivision screening wall to the new subdivision. City reserves to itself, its successors and assigns all the oil, gas and other minerals in and under the said right of way.
The ordinance authorizes the abandonment of an un-needed 5-foot right of way located on Seeton Road abutting the proposed Clear Lake Addition and sell to the abutting property owner. (See Exhibit "A" for the description)
Staff has reviewed the requested abandonment and recommends approval of the street abandonment with the conditions set forth in the ordinance.
Financial Consideration
$500 application fee to City and $500 sales price
Body
AN ABANDONMENT ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED TO SCANIO FALLS LOT VENTURE, LTD., A TEXAS LIMITED PARTNERSHIP FOR A SALES PRICE OF $500 FOR ABANDONMENT OF A PORTION OF AN UN-NEEDED RIGHT OF WAY ON SEETON ROAD ABUTTING THE CLEAR LAKE ADDITION TO THE CITY OF GRAND PRAIRIE, CAROLINE M. ADAMS SURVEY, ABSTRACT NUMBER 38, TARRANT COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO SCANIO FALLS LOT VENTURE, LTD., A TEXAS LIMITED PARTNERSHIP; 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 SCANIO FALLS LOT VENTURE, LTD., A TEXAS LIMITED PARTNERSHIP hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim right of way in the City of Grand Prairie, Tarrant 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 right of way 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 right of way 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, easement and ownership of the public are concerned; subject, however, to the conditions hereinafter more fully set out. City reserves to itself, its successors and assigns all the oil, gas and other minerals in and under the said right of way.
SECTION 2. That for and in consideration of the sum of FIVE HUNDRED AND NO/100 ($500.00) DOLLARS paid by Grantee with his application, the City of Grand Prairie and sales price an additional FIVE HUNDRED AND NO/100 ($500.00) DOLLARS 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 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 6. 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 7. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Official Public Records of Tarrant 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 8. 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, JUNE 16, 2020.