From
Dwayne Tyner
Title
Ordinance authorizing the abandonment and vacation of certain portions of a water easement and a sanitary sewer easement located in the City of Irving between Texas Plaza Drive and State Highway No. 183 and being part of a 21.703 acre tract owned by Grand Braniff, LLC, for $250
Presenter
Gabe Johnson, Director of Public Works
Recommended Action
Approve
Analysis
This abandonment is requested by Grand Braniff, LLC for the development between Texas Plaza Drive and State Highway No.183 in the City of Irving. The City of Grand Prairie had previously participated in the construction costs of these water and sanitary sewer mains. The City of Irving has passed also passed similar an abandonment ordinance in their October 22, 2020, City Council meeting.
These easements, 647 Sq. Ft. Water and 299 Sq. Ft. Sanitary Sewer, are no longer needed for public utility lines. (See attached Exhibit “A” for both water and sanitary sewer lines). The abandonment will allow the developer to construct structures in the area of vacated easements.
Staff recommends approval of these easement abandonments.
Financial Consideration
Revenue: $250.00 paid with application.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, ABANDONING AND VACATING CERTAIN PORTIONS OF A WATER EASEMENT AND A SANITARY SEWER EASEMENT ON PROPERTY OWNED BY GRAND BRANIFF, LLC, BETWEEN TEXAS PLAZA DRIVE AND STATE HIGHWAY NO. 183 (TRACT 1) IN THE CITY OF IRVING, DALLAS COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE
WHEREAS, the owner(s) of property located between Texas Plaza Drive and State Highway No. 183 (Tract 1) have requested that certain portions of a water easement and a sanitary sewer easement in the City of Irving, Dallas County, Texas, be abandoned and vacated, as shown and more particularly described in Exhibit “A”, which is attached hereto and made a part of this ordinance; and
WHEREAS, the City shares an interest in the easements and the treated water supply pipeline and associated facilities located therein (the “improvements”), pursuant to an inter-local cooperation agreement between the City of Grand Prairie and the City of Irving dated April 11, 1955, as restated, extended, and renewed; and
WHEREAS, the treated water pipeline has been relocated and, therefore, certain portions of the water easement and the sanitary sewer easement shown and described in Exhibit “A,” as well as the improvements, are not needed for water or sanitary sewer purposes and will not be needed in the future for such purposes; and
WHEREAS, the owner(s) have agreed to indemnify and hold the City harmless against all suits, costs, expenses, and damages that may arise or grow out of such vacation and abandonment;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That the certain portions of the water easement and the sanitary sewer easement as shown and more particularly described in Exhibit “A”, be and the same are hereby abandoned and vacated for water and sanitary sewer purposes, insofar as all public use, right, title, and interest in and to the described easements are concerned; SAVE AND EXCEPT, this action does not obligate the City to remove, replace, or repair any improvements currently existing in the portions of the easements being abandoned and vacated, and any such improvements shall be abandoned, vacated, and left in place by the City. Moreover, this action shall not affect the public use, right, title, and interest, if any, of any existing franchise utilities or other persons currently located in the easements being abandoned and vacated by this ordinance, nor shall this ordinance affect the public use, right, title, and interest to future public utility easements on the tract currently under review via plat, if any.
SECTION 2. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phrase of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of this ordinance.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, NOVEMBER 3, 2020.