From
Chris Hartmann
Title
SA150801 - Street Abandonment - Hines Ave. (City Council District 1). Consider a request for the approval of the Street Right-Of-Way Abandonment of a portion of Hines Street located between Cox Street and running in a southwesterly direction approximately 515 feet to its terminus at the corporate boundary of the City of Grand Prairie and the City of Arlington. This portion of Hines Street Right-Of-Way is approximately 50 feet wide and abuts Lots 1-4, Block C and Lots 5-8, Block A of the L. Cox and C. Hines Resubdivision Addition to the City of Grand Prairie, Dallas County, Texas. The subject Right-Of-Way is located west of Cox Street and south of E. Abram Street.
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
The abandonment applicant, Sargent Investments, LLC, a Texas Limited Liability Company has requested the abandonment of a portion of Hines Avenue, located near the intersection of Cox Drive and south of East Abram Street.
This abandoned street right-of-way will be included in a plat of the Sargent Addition and also being a replat of the L. Cox and C. Hines Resubdivision.
Staff has reviewed the requested abandonment and finds that the abandonment would not hinder drainage or utilities in the area
FINANCIAL CONSIDERATION:
$21,000.00 sales price to City
Body
AN ORDINANCE PROVIDING FOR ABANDONMENT OF STREET RIGHT-OF-WAY KNOWN AS HINES AVENUE LOCATED WEST OF COX STREET TO THE EXISTING WESTERN CITY LIMITS OF GRAND PRAIRIE, IN THE L. COX AND C. HINES ADDITION TO THE CITY OF GRAND PRAIRIE, TARRANT COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO SARGENT INVESTMENTS, L.L.C., A TEXAS LIMITED LIABILIITY COMPANY, 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 Sargent Investments, LLC, a Texas Limited Liability Company, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim a portion of an improved street right-of-way known as Hines Avenue in the City of Grand Prairie, Tarrant County, Texas, more particularly described in “Exhibit A and Exhibit B”, 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, this abandoned street right-of-way will be included in a plat of the Sargent Addition and also being a replat of the L. Cox and C. Hines Resubdivision; 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 and Exhibit B”, 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 TWENTY-ONE THOUSAND DOLLARS and NO/100 Dollars ($21,000.00) 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 and Exhibit B”, 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 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, 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 and Exhibit B”. 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 7. 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 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, THIS THE 18th DAY OF AUGUST, 2015.
Ordinance No. 9903-2015
Case No. SA150801