From
Chris Hartmann
Title
RA160901 - ROW Abandonment - NE 6th Street (City Council District 5). Approval of request for a Right of Way Abandonment of a non-improved, dead-end section of NE 6th Street located approximately 220 feet north of Keck Street and abutting the western property line of 710 Davis Street. The Right-of-Way in question is a 0.018-acre tract of land out of the John W. Kirk Survey, Abstract No. 726, Dallas County, Texas, and being the northern most part of NE 6th Street. The applicant is Brdecka Enterprises, LLC.
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
This Ordinance authorizes the abondonment of 0.018-acre portion of an unimprovided, dead-end scetion of NE 6th Street out of the John W. Kirk Survey, Abstract No. 726, Dallas County, Texas. This case was tabled at the last meeting. Staff has met with the adjouning property owners and worked out an agreeable abondonment of this right-of-way.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, PROVIDING FOR THE RIGHT-OF-WAY ABANDONMENT OF AN UNIMPROVED, DEAD-END SECTION OF NE 6TH STREET, TO WIT: BEING A 0.018 TRACT OF LAND OUT OF THE JOHN W. KIRK SURVEY, ABSTRACT NO. 726, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO BRDECKA ENTERPRISES, L.L.C., THE ABUTTING 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 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 Brdecka Enterprises, LLC, a Texas Limited Liability Company, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim a 0.018-acre portion of an unimproved, dead-end street right-of-way known as NE 6th Street, in the City of Grand Prairie, Dallas County, Texas, 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; 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 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 hereinafter more fully set out.
SECTION 2. That for and in consideration of the sum of ZERO (0) and NO/100 Dollars ($0.00), and the establishment of two sanitary sewer easements, one located on the subject property totaling 250 square feet and the other located off-site but abutting the subject property totaling 1,158 square feet, and the additional consideration described in Section 6 hereof, 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 - Survey/Legal Description 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. 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 5. That the GRANTEE, heirs, successors, and assigns shall not erect an access gate across the north end of the herein described property without the prior written consent of the City of Grand Prairie.
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, 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 8. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Real Property 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 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, THIS THE 6th DAY OF, SEPTEMBER, 2016.
ORDINANCE NO. 10136-2016
CASE NO. RA160901