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Title
Ordinance authorizing the abandonment of an area designated as head-in parking on Curtiss Avenue behind 2015 East Main Street.
Presenter
Bill Crolley, Director of Planning and Development
Recommended Action
Approve
Analysis
The abandonment applicant, Geraldine Velazquez, has requested the abandonment of an area designated as a 40-foot head-in parking in an old dedication dated November 9, 1929. This area is currently used as this head-in parking in injunction with the business located at this address and is of no benefit to the City. Abandonment and release of this area would help to clear up title ownership to the head-in parking area.
Staff has reviewed the requested abandonment and finds that the abandonment would not hinder drainage or utilities in the area.
Financial Consideration
No financial consideration required.
Body
AN ORDINANCE PROVIDING FOR ABANDONMENT OF AN UNNEEDED PORTION OF A 40-FOOT HEAD-IN PARKING AREA DESCRIBED IN A DEDICATION IN THE TWIN AIRPORTS INDUSTRIAL ADDITION TO THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; PROVIDING FOR THE QUITCLAIM THEREOF TO GERALDINE VELAZQUEZ THE ABUTTING FEE OWNER OF LOTS 30 AND 31, BLOCK C, TWIN AIRPORTS 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.
ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS,
WHEREAS, the City Council of the City of Grand Prairie, acting pursuant to law and upon the request and petition of Geraldine Velazquez, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim an unneeded portion of a 40-foot head-in parking area in the City of Grand Prairie, Dallas County, Texas, abutting Lots 30 and 31, Block C, Twin Airports Industrial Addition; and
WHEREAS, the City Council of the City of Grand Prairie is of the opinion that said head-in parking area abutting Lots 30 and 31 Block C, described in Dedication recorded in Volume 4, page 309, Map or Plat Records of Dallas County, executed November 9, 1929, should be abandoned, released 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, TEXAS:
SECTION 1. That the head-in parking tract described in “Exhibit A”, which is attached hereto and which adjoins Lots 30 and 31, Block C, Twin Airports Industrial Addition, be and the same shall be abandoned, vacated and closed insofar as the right, title, use and interest by the public are concerned; subject, however, to the conditions hereinafter more fully set out.
SECTION 2. That the City of Grand Prairie does by these presents QUITCLAIM, subject to the conditions hereinafter made, all its rights, title, use 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, use 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, use 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 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 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 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, ON THIS THE 15TH DAY OF SEPTEMBER, 2014.