From
Chris Hartmann
Title
RA190501 - Right of Way Abandonment (Council District 3) - Abandonment of City right-of-way at Lakecrest Drive east of its intersection with Avenue C for the purpose of creating an additional residential lot, City of Grand Prairie, TX, Dallas County. The applicant is Hillstone Construction, LLC, A Texas Liability Co.
Presenter
David P. Jones, AICP, Chief City Planner
Recommended Action
Approve
Analysis
Hal Thorne of Hillstone Construction requests the abandonment of existing right of way in the Lake Crest No. 1 addition for the purpose of creating an additional single-family residential lot east of the intersection of Lakecrest Drive and Avenue C, approximately 1/2 mile east of SE 14th Street. The right of way was dedicated with the subdivision plat, but was never improved as a street. The abandonment would not affect any streets on the City's Thoroughfare Plan. A proposed replat (RP190602) will be considered by the Planning and Zoning Commission at its June 3rd meeting. If approved, the replat will create a new buildable lot from the abandonment at Lakecrest and Avenue C.
|
Table 1: Zoning and Land Use |
|
Direction |
Zoning |
Existing Use |
|
North |
City of Dallas |
National Guard Recruiting Office |
|
South |
SF-4 |
Single-Family Residential |
|
West |
SF-4 |
Single-Family Residential |
|
East |
City of Dallas |
National Guard Recruiting Office |
Body
AN ORDINANCE PROVIDING FOR ABANDONMENT OF STREET RIGHT-OF-WAY IN THE LAKE CREST NO. 1 ADDITION, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, LYING ADJACENT TO AND NORTH OF LOT 6, BLOCK C; PROVIDING FOR THE QUITCLAIM THEREOF TO HAL THORNE, THE ABUTTING OWNERS; 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 HAL THORNE, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim an unimproved right-of-way in the City of Grand Prairie, Dallas County, Texas, the description of said right of way being more particularly described in “Exhibit B”, attached hereto and incorporated herein; and
WHEREAS, said right-of-way was dedicated for public use at no cost by plat of Lake Crest No. 1 Addition, recorded in Volume 12, Page 383 in the Map Records of Dallas County, Texas; and
WHEREAS, the right of way to be abandoned does not appear on the City’s Master Thoroughfare Plan as a future connecting street; and
WHEREAS, it is the intention of the GRANTEE that this abandoned right-of-way will be used to create a buildable residential lot within the addition, and has presently made application to the City for a replat creating such lot contingent upon approval of this ordinance; 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.
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
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE:
SECTION 1
That the tract of land depicted in “Exhibit A” - Location Map and more fully described in “Exhibit B” - Abandonment 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 the GRANTEE originally dedicating this right of way to the City at no cost 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 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”. 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 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, THIS THE 21st DAY OF MAY, 2019.
ORDINANCE NO. xxxx-2019
CASE NO. RA190501