84-3-Ordinance-Abandoning a porting of Ninth Street-05/07/1984ORDINANCE NO 84-3
AN ORDINANCE ABANDONING A PORTION OF NINTH STREET
FIFTY (50) FEET IN WIDTH EAST TO WEST AND EXTENDING
SOUTH TWO HUNDRED TEN (210) FEET ON THE WEST LINE
AND TWO HUNDRED TWENTY FOUR (224) FEET ON THE EAST
FROM FM 455 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 NINTH STREET LYING
WITHIN THE CITY OF SANGER IN DENTON COUNTY, TEXAS AND
TERMINATING PUBLIC MAINTENANCE THEREOF AND AUTHORIZING
THE 14AYOR AND CITY SECRETARY OF THE CITY OF SANGER,
TEXAS TO EXECUTE A QUIT CLAIM DEED TO THE PORTION OF
SAID STREET TO W. K. PATE, 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 or necessity for
public use or maintenance of the portion of said street in
the City of 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
W. K. Pate 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-
ificially 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 her el CL" horized to execute
and deliver in the name of and in behalf of the City of
Sanger, Texas, A Quit Claim to said W. K. Pate 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-
ment 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 easments and reversionary
rights to the City of Sanger, Texas, and/or said W. K. Pate,
his 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 W. K. Pate,
his 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 day of
ATTES
CERTIFICATE
I, NARY STOVER, City Secretary of the City of Sanger,
Texas, a Municipal Corporation, do hereby certify that I am
the official custodian of the minutes of the City Council of
the City of Sanger, Texas, and that the above and foregoing
is a true and correct copy of an ordinance duly passed and
approved by the City Council of the City of Sanger, Texas,
as the same appears of record in the official minutes of
said City Council of Sanger, Texas, and in the Books of
Ordinances of said City of Sanger, Texas.
WITNESS MY HAND, and the official seal of said City of
Sanger, Texas, a municipal corporation, this the 7 day
o f 19
%"NARY STOVER
CITY SECRETARY
RrA PROPERTY RECORDS
QUITCLAIM DEED
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON X 25726
That the CITY OF BANGER, TEXAS, a municipal corporation,
of the County of Denton, and State of Texas, acting by and
through its Mayor and City Secretary, hereunto duly authorized
to so act, for and in consideration of the sum of $1.00 to it
in hand paid by,.W.. K. PATE, an individual, the receipt of which
is hereby acknowledged, and other considerations, does, by these
presents, subject to the reservations and conditions hereinafter
set forth, BARGAIN, SELL,.RELEASE, AND QUITCLAIM unto the said
W. K. PATE, an individual, all of.the right, title, and interest
of the said City of Sanger, Texas, a municipal corporation, in
and to the hereinafter described portions of Ninth Street, in
the corporate limits of the City of Sanger, Texas, described by
metes and bounds as follows, to -wit:
All that certain tract or parcel of land situated in
the Reuben Bebee Survey, Abstract No.29, City of Sanger,
Denton County, Texas, being part of a (Called) 27.53
acre tract described in a deed from W. D. Brockman to
J. R. Sullivan on the 29th day of June, 1891, Recorded
in Volume 45, Page 438, Deed Records of said county, and
being more fully described as follows:
COMMENCING at the northwest corner of said 27.53 acre
tract on the South Right -of -Way of FM Road 455;
THENCE South 85 degrees 22 minutes 46 seconds east
with the south boundary line of FM Road 455, pass at
25.0 feet the northwest corner a first tract described
in a deed from A. R. Ferrell to W. K. Pate and Hugh Pate
on the 15th day of October, 1964, same being also the
northwest corner of Block No. 5 of Sullivan's West
Addition to Sanger, according to the map of Sanger filed
in Volume 75, Page 144, Deed Records of Denton County,
and continuing a total distance of 156.0 feet to a steel
in at the point of beginning which is the northeast
corner of said First Tract;
THENCE South 85 degrees 22 minutes 46 seconds east
with the south boundary line of FM Road 455 a distance
of 5�.16 Feet to an iron pin at the northwest corner of
a Second Tract described in the aforementioned deed from
A. R. Ferrell to W. K. and Hugh Pate, said corner being
also the northwest corner of Block 14 of Sullivan's West
Addition;
THENCE South 224.E feet to a steel pin at the south
west corner of said Second Tract;
THENCE North 85 degrees 22 minutes and 46 seconds west
a distance of 25.08 feet to a steel pin;
Quitclaim Deed.
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THENCE North a distance of 14.E feet to a steel pin;
THENCE North 85 degrees 36 minutes and 59 seconds west
a distance of 25.(b8 feet to a steel pin at the southeast
corner of said First Tract;
THENCE North a distance of 21�.� feet to the point of
Beginning, and containing in all q�.248 acres of land.
PROVIDED, HOWEVER, that this Quit -Claim deed is executed and
delivered SUBJECT to the following express reservations and
special conditions, to -wit:
(1) The City of Sanger, Texas, a municipal corporation,
has RESERVED and does by these presents RESERVE unto the said
City of Sanger, and its successors, a perpetual utility easement
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, from, upon,
over, and across said lands for said purposes.
(2) Private easements and/or reversionary rights in said
property held by any abutting owner (if any) who has not hereto-
fore relinquished or conveyed, or shall hereafter, relinquish
or convey said private easements and reversionary rights to the
City of Sanger, Texas, and/or W. K. Pate, an individual, or his
successors .and assigns.
TO. HAVE AND�TO HCLD the said premises, SUBJECT to said
reservations and special conditions, together with all and
singular,. the rights, privileges and appurtenances thereto in
any manner belonging, unto the said W. K. Pate, an individual,
his successors and assigns forever.
IN TESTIMONY WHEREOF, THE CITY OF BANGER, TEXAS, a
municipal corporation, has caused .these presents to be executed
by its Mayor, and attested by its City Secretary, and its ��y��
corporate seal affixed hereto, at Sanger, Texas, this the -��-
day of�� , 1984.
THE CITY OF BANGER, TEXAS,
A Municipal Corporation
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Quitclaim Deed.
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ACKNOWLEDGMENT
THE STATE OF TEXAS X
COUNTY OF DENTON �
BEFORE ME, the undersigned authority, a Notary Public,
in and for Denton County, Texas, on this day personally
appeared NEL ARMSTRONG and MARY JO STOVER, Mayor and City
Secretary, respectively, of the City of Sanger, Texas, a
municipal corporation, known to me to be the persons and
officers whose names are subscribed to the foregoing instru-
ment, and they each acknowledged to me that the same was the
act and deed of the said City of Sanger, Texas, a Municipal
Corporation, and that they executed the same as the act and
deed of such City of Sanger, a municipal corporation, for
the purposes and consideration therein expressed, and in the
respective capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _1%�
day of 19Y.
ACf(NOWLEDGN�lT
ACKNd'GVLEDG�IEMT
INCOMPLETE
Notary Public, In and For
Denton County, Texas.
My Commission Expires
Quitclaim Deed.
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