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81-1-Ordinance-Abandoning portions of Elm and Pecan Streets-01/05/1981ORDINANCE NO. 81-1 AN ORDINANCE ABANDONING PORTIONS OF ELM STREET, PECAN STREET, AND AN ALLEY TWENTY (20) FEET IN WIDTH EAST AND WEST AND EX- TENDING FIVE HUNDRED THIRTY (530) FEET NORTH AND SOUTH BETWEEN BOLIVAR STREET AND PECAN STREET, ON THE EAST SIDE OF BLOCKS SEVEN (7) AND EIGHT (8) OF THE ORIGINAL TOWN OF SANGER, AS SHOWN BY THE MAP OR PLAT THEREOF OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF DENTON COUNTY, TEXAS, AND ALSO AN ALLEY TWENTY (20) FEET IN WIDTH NORTH AND SOUTH BY ONE HUNDRED (100) FEET EAST AND WEST CONNECTING WITH THE AFOREMENTIONED ALLEY ON THE EAST AND EXTENDING WEST THROUGH THE CENTER OF BLOCK SEVEN (7) OF THE ORIGINAL TOWN OF SANGER AS SHOWN BY SAID MAP OR PLAT FOR SAID DISTANCE OF ONE HUNDRED (100) FEET, ALL OF SAID STREETS AND ALLEYS 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 ABANDONED PORTIONS OF SAID STREETS AND ALLEYS TO BROUGHAM INDUSTRIES, INC., A CORPORATION, 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 portions of Elm Street and Pecan Street and the alleys 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 portions of said streets, and said alleys, are 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 the portions of Elm and Pecan Streets and the public alleys in the City of Sanger, Texas, described in said Exhibit "A" to Brougham Industries, Inc., a Corporation, in connection with the sale of said properties properties by Brougham Industries and the acquisition thereof by Denton Plastics Inc. for industrial development 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 BANGER, TEXAS: I. The portions of Elm and Pecan Streets in the City of Sanger, Texas, and the interconnecting alleys thereto specifi- cally 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 Deed to said Broughan Industries, Inc., a ('.orporation, con- veying all of the right, title and interest to the said City of Sanger, Texas, in and to said abandoned streets and alleys as described in said Exhibit "A", which Quit Claim .Deed shall con- tain 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 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, 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 Broughan Industries, Inc.; 3) These conditions shall be covenants running with the title to said land and shall be binding on said Broughan Industries, Inc., its successors and assigns. The fact that the portions ofsai.d Elm and Pecan Streets and said alleys 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 sale of the Brougham Industries properties to Denton Plastics, Inc. is being delayed together with -the industrial development of Brougham properties by Denton Plastics, Inc. pending the passage and effective dates 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 the date of its passage. 1981. PASSED AND APPROVED this the. 5th C y Secretary APPROVE ;D TO FORM AND LEGALITY UITY ATTORNEY day of January, CERTIFICATE I, MARY 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 recor in the official minutes ofsaid 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 5th day of January , 1001 CITY SECRETARY THE STATE OF TEXAS � COUNTY OF DENTON � QU ITCLA III DEED KI�tOW ALL MEN BY THESE PRESENTS:: That the CITY OF SANGER, 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 BROUGHAM INDUSTRIES, INC . , a Texas Gorporat ion, the receipt of which is hereby acknowledged, and.. other consider- at ions, does, by these presents, subject to the reservations and conditions hereinafter set forth, BARGAIN, 'SELL, RELEASE, and QUITCLAIM unto the said BROUGHAM INDUSTRIES, INC., a Texas Corporation, 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 Elm and Pecan Streets, _and specified alleys, 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 City of Sanger, Denton County, Texas, and 'oeing apart of the Original Town of Sanger according to the plat filed in Volume 1+8, page 630, of the Deed Records of Denton County, Texas, and being more fully described as follows: BEG INNING at the Southwest corner of Lot 10, Block 2, of the Original Town of Sanger, in the North Right -of -Way of Bolivar Street; THENCE South 88 deg. 38 min. 36 sec. West along the North .Right-of-TrJay of Bolivar Street a distance of 20.00 feet to the Southeast corner of Lot 1, Block 7, of the Original Town of Sanger; THENCE North O1 deg. 21 min. 2i� sec. West along the East line of Lot 1, Block 7, a distance of 115.00 feet to the Northeast corner of said Lot l; THENCE South 88 deg. 38 min. 36 sec.. T,dest along the '� North line of Lots 1, 2, 3, and � of Block 7, a distance of 100.00 feet to the Northwest corner of said -Lot !�; THENCE North O1 deg. 21 min. 21� sec. West a distance of 20.00 feet to the Southwest corner of Lot 12, Block 7; quitclaim Deed THENCE North 88 deg. 38 min, 36 sec. East along the South line of Lots 12, 11, 10, and 9 of Block 7, a distance of 100.00 feet to the Southeast corner of said Lot 9; THENCE North 01 deg. 21 min, 24 sec. West along the East line of said Lot 99 passing at 115,00 feet its Northeast corner and the South Right -of -Way of Elm Street, passing at 195,00 feet the North Right -of -Way of Elm Street and the Southeast corner of Lot 1, Block 8, passing at 395.00 feet the Northeast corner of said Lot 1, a total distance of 411.00 feet to a point in Pecan Street; THENCF North 88 deg. 38 min, 36 sec. East a distance of 160.00 feet to a point in the West line of a 1.920 acre tract deeded by Sanger Grain Storage, Inc. to Brougham industries, Inc., THENCE South O1 deg'. 21 min. 21� sec. West along the West boundary line of said 1.920 acre tract, a distance of 1600 feet to an iron pin' at the Northeast corner of a Quit Claim tract deeded by the City of Sanger to Brougham Ind., Inc.; THENCE South 88 deg, 38 min. 36 sec. , West along the North line of Block 1, of the Original' Town of Sanger, a distance of 140.00 feet to its Northwest corner; THENCE South 01 deg. 21 min. 24 sec, East along the West line of Block 1, and Block 2 a distance of 530 feet to the Point -of -Beginning, and containing 0.348 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 said Brougham Industries, Inc., a Corporation, or its successors and assigns, uitclaim Deed_ -2- CITY SECRETARY ORIGINAL COPY (3) This Quitclaim Deed is executed SUBJECT to the final consumnation and closing of existing contracts between said BROUGHAM INDUSTRIES, INC., a Corp. and DENTON PLASTICS, INC., for the sale by said BROUGHAM INDUSTRIES, INC., to said DENTON PLASTICS, INC. of the Brougham Industries properties in the City of Sanger, Texas, and shall be null and void 7f said sale e finally, closed forthwith. TO HAVE AND TO HOLD the said premises, SUBJECT to said reservations and special conditions, together with all and should not b singular, the rights, privileges and appurtenances thereto in any manner belonging, unto the said BROUGHAM INDUSTRIES, INC., a Texas Corporation, its successors and assigns forever. IN TESTIMONY WHEREOF, THE CITY OF SANGER, TEXAS, a municipal corporation, has caused these presents to be executed by its Mayor, and attested by its City Secretary, and it's*corporate cor orate seal affixed hereto, at Sanger, Texas, this the 5th day of January, A. D'. 1981. THE CITY OF SANGER, TEXAS, A Municipal Corporation By : ATTEST: ecretary Quitclaim Deed -3 - j t�iGll. C®PY ACKNOWLEDGMENT i THE STATE OF TEXAS � COUNTY OF DENTON � BEFOIRE ME; 'the undersigned authori�y, a Notary Public, in and for Denton County, Texas, on this day personally appeared; RALPI� COLE and MARY JO STOVER, Mayor and City Secretary', respectively, of the City of Sanger, Texas, a munic ipal corporation, known to me to be the persons and officers whose ' names are subscribed to the foregoing instrument, 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 munic ipal corporation, for the purposes and cons ider- ation therein expressed, and in the respective capacities therein stated....... _ 'GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the �.:. day of January, A. D. 1981. _ Notary Public, Ln and For Denton County, Texas. My Commiss ion Expires J-,.��_ Quitclaim- Deed.