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Title
Ordinance authorizing the abandonment of an unneeded drainage easement in La Jolla, Phase 1 at Del Sol Court; authorize City Manager to execute a Quitclaim Deed to First Texas Homes, Inc. for $250
Presenter
Steve Norwood, Planning Director
Recommended Action
Approve
Analysis
The abandonment applicant, First Texas Homes, Inc., has requested the abandonment of drainage easement containing 0.580 one acre of land (plat shown as exhibit “B”). This drainage easement was acquired in 2005 by separate instrument. This drainage easement was intended for a temporary drainage condition which allowed runoff from Marabella Subdivision of Mira Lagos and England Parkway to drain the then existing property. Since that time, the subject property has been platted as La Jolla, Phase 1, in 2016. Permanent drainage facilities have been constructed in the dedicated public right of way to convey drainage, therefore, negating the purpose of the 2005 drainage easement.
All public utility companies have agreed to the abandonment.
Staff has reviewed the requested abandonment and recommends the abandonment.
Financial Consideration
Revenue: $250.00 paid with application
Body
AN ORDINANCE PROVIDING FOR ABANDONMENT OF AN UN-NEEDED PUBLIC DRAINAGE EASEMENT AT LA JOLLA, PHASE 1 ADDITION TO THE CITY OF GRAND PRAIRIE, BBB&CRR SURVEY, ABSTRACT NUMBER 199, TARRANT COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO FIRST TEXAS HOMES, INC., A TEXAS CORPORATION, THE FEE OWNER OF LOTS 45 THROUGH 50, BLOCK E, LA JOLLA, 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 FIRST TEXAS HOMES, INC., A TEXAS CORPORATION, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim an unneeded public drainage easement 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 public drainage 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 public drainage 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 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, 20TH DAY OF MARCH, 2018.