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84-10-Ordinance-Abandoning a Portion of Seventh Street South from Houston Street-06/18/1984ORDINANCE N0. 84-10 AN ORDINANCE ABANDONING A PORTION OF AN UNOPENED SEVENTH STREET EXTENDING SOUTH FROM HOUSTON STREET A DISTANCE OF EIGHTY FEET (80') AND BEING EIGHT FEET (8') IN WIDTH ON THE NORTH END AND SEVEN FEET (7') IN WIDTH ON THE SOUTH END AS SHOWN BY THE MAP OR PLAT THEREOF ON RECORD IN THE OFFICE OF THE COUNTY CLERK OF DENTON COUNTY, TEXAS AND SAID PORTION OF SEVENTH STREET LYING WITHIN THE CITY OF SANGER IN DENTON COUNTY, TEXAS AND TERMINATING PUBLIC MAINTENANCE THEREOF AND AUTHORIZING THE MAYOR AND CITY SECRETARY OF THE CITY OF SANGER, TEXAS TO EXECUTE A QUIT CLAIM DEED TO THE PORTION OF SAID STREET TO JIMMY WAYNE SEBASTIAN, AND WIFE, MARY ROSENE, SUBJECT TO CERTAIN CONDITIONS AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Sanger, Texas, has deemed that there now exists no reason of necessity for public use or maintenance of the portion of said street in the City .97 Sanger, in Denton County, Texas, described in Exhibit "A" attached hereto and incorporated herein, and that the best interests of the public will be served if the described portion of said street is abandoned for public use and the public maintenance thereof terminated; and, WHEREAS, it is in the public interest that the Mayor and City Secretary of the City of Sanger, Texas, be authorized to execute a Quit Claim Deed to portion of said street in the City of Sanger, Texas, described in said Exhibit "A" to Jimmy Wayne Sebastian, and wife, Mary Rosene, and use deemed by the City Council to be in the best interests of the City of Sanger, Texas, and its citizens, which Quit Claim Deed shall be executed subject to the terms and conditions set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: I. The said portion of said street and said alley spec- ifically described by metes and bounds in Exhibit "A" attached hereto and incorporated herein, shall be and the same are hereby abandoned for public use and all public maintenance thereof by the City of Sanger, Texas, shall be and the same is hereby terminated as of this effective date of this ordinance. II. The Mayor and City Secretary of the City of Sanger, Texas, shall be, and they are hereby, authorized to execute and deliver in the name of and in behalf of the City of Sanger, Texas, A Quit Claim to said Jimmy Wayne Sebastian, and wife, Mary Rosene, conveying all of the right, title, and interest to the said City of Sanger, Texas, in and to the portion of said street and said alley as described in said Exhibit "A", which Quit Claim Deed shall contain the following express reservations and special conditions: (1) The City of Sanger, Texas, shall reserve to the City of Sanger, Texas, and its successors a perpetual ease - went in said lands for the installation, maintenance, repair and/or replacement of electric power lines and poles, sewer lines or mains, water lines or mains and other utility installations with the right at all times of ingress and egress to, upon, over and across said Lands for said purposes; (2) Private easements and reversionary rights in said property held by any abutting owner who has not heretofore relinquished or conveyed said private easements and reversionary rights to the City of Sanger, Texas, and/or said Jimmy Wayne Sebastian, and wife, Mary Rosene, their heirs, assigns, and successors in title. (3) These conditions shall be covenants running with the title to said land and shall be binding upon said Jimmy Wayne Sebastian, and wife, Mary Rosene, their successors and assigns. The fact that the portion of said street in said City of Sanger hereby abandoned are of no further use or benefit to the City of Sanger, Texas, and the fact that the use of the property is being delayed pending the passage and effective date of this ordinance creates an imperative public necessity that any rule requiring this ordinance to be read on three separate occasions shall be and the same is hereby suspended and this ordinance shall take effect from and after date of its passage. PASSED AND APPROVED on this the 18th day of June 1 1984 . City Se retary EXHIBIT "A" All that certain 624 square foot tract, or parcel of land situated in the Henry Tierwester Survey, Abstract Number 1241, Denton County, Texas; said tract being a part of Hillcrest Addition, City of Sanger, recorded in Volume 1, page 74 of the Plat Records of Denton County, Texas and being more particularly described as follows; Beginning, for the northeast corner of the tract being described herein at an iron pin, the northeast corner of Lot 1, Block B of said Addition, said pin lies East 8.25 feet from the northwest corner of Lot 53, Block 21 of Hampton Addition to City of Sanger; Thence South 00 degrees 37 minutes 48 seconds East a distance of 79.82 feet to an iron pin, the southeast corner of said Lot 1, and the southeast corner of this tract; Thence South 88 degrees 43 minutes 15 seconds West a distance of 7.37 feet to an iron pin for the southwest corner of this tract, in'a north -south fence line; Thence North Ol degrees 15 minutes 37 seconds West with -said fence a distance of 80.00 feet to an iron pin for the north- west corner of this tract; Thence East a distance of 8.25 feet to the Point of Beginning/ All that certain 624 square foot tract, or parcel of land situated in the HENRY TIERWEISTER SURVEY, ABSTRACT NUMBER 1241, Denton County, Texas, and being more particularly described as follows; BEGINNING for the Northeast corner of the tract being described herein at a point 8.25 feet West of the Northwest corner of LOT 53, BLOCK 21 of the HAMPTON ADDITION to the City of Sanger, recorded in VOLUME 75, PAGE 84, Deed Records, Denton County, Texas; THENCE South 00° 37° 48" East, a distance of 79.82 feet to a point for the Southeast corner of this tract; THENCE South 88° 43° 15°' West, a distance of 7.37 feet to an iron pin for the Southwest corner of this tract and the Southeast corner of LOT 1, BLOCK "B", HILLCREST ADDITION, recorded in VOLUME 3, PAGE 37, Plat Records of Denton County, Texas; THENCE North 01° 15' 37" West with the East line of said Lot 1, a distance of 80.00 feet to an iron pin at the Northwest corner of this tract; THENCE East a distance of 8.25 feet to the POINT OF BEGINNING. HEXTER-FAIR TITLE COMPANY ORIGINAL COPY DN. M IE - o ON a ti r M 49 0 pZ 00 r t u X c HOU5TON TREET _ 50 R.O.w. 315' to 5 th HAMPTON AD DITION X N 89`41'54"W 109.08� SIMS ADDITION ¢ BLOCK 3 Book 15 / Pg. 23 P.R. H(=1�12Y i II.I�1�'I=S i I=R Sl'I�\`(=1" /. - 1241 PRELIMINARY PLAT HAMPTON ADDITION LOT 53 R , BLOCK 21 Being a Repiat of W 1/z Lot 53, BI.21; *rnrt of innd between South line of