From
Chris Hartmann
Title
Conduct a public hearing and consider an ordinance authorizing the abandonment of an unneeded portion of the 200 block of Northeast 6th Street
Presenter
Steve Norwood, Director of Development Services
Recommended Action
Approve
Analysis
The abandonment applicant, Nancy J. Woerendyke, has requested the abandonment of a portion of Northeast 6TH Street. This abandoned right-of-way will be used to access 212 and 214 NE 6th Street (see property description Exhibit “A”). The abutting property owner does not have any objections to the abandonment and has waived his right to any part of this property.
The abandonment will not hinder drainage or utilities in the area. The utility companies were notified and approved the abandonment.
Staff has reviewed the requested abandonment and recommends the street abandonment with the conditions set forth in the ordinance.
FINANCIAL CONSIDERATION:
$500 application fee to City.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, PROVIDING FOR THE RIGHT-OF-WAY ABANDONMENT OF A PORTION OF THE DEAD-END SECTION OF NE 6TH STREET AFTER CONDUCTING A PUBLIC HEARING AND RECOMMENDING APPROVAL OF THE ABANDONMENT TO THAT PARTICULAR RIGHT-OF-WAY, TO WIT: BEING A 0.028 ACRE (1,203 SF) 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 NANCY J. WOERTENDYKE, 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 Nancy J. Woertendyke, hereinafter referred to as GRANTEE, deems it advisable to abandon and quitclaim a 0.028-acre portion of a 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), any future maintenance of street right-of-way and the establishment of two easements, located on the subject property one easement being10-feet in width for public utility purposes and the other being 15-feet in width for electric utility purposes, 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 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 - 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 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 1ST DAY OF AUGUST 2017.
ORDINANCE NO. 10315-2017
CASE NO. SA 170701