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81-6-Ordinance-Abandoning a portion of Second Street between Blocks 29-30 Original Town of Sanger-06/15/1981ORDINANCE NO. 81-6 AN ORDINANCE ABANDONING A PORTION OF SECOND STREET AND AN ALLEY TWENTY (20) FEET IN WIDTH EAST AND WEST AND EXTENDING TWO HUNDRED (200) FEET NORTH AND SOUTH BETGIEEN BLOCKS 29 AND 30 OF THE ORIGINAL TOWN OF BANGER, 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 SECOND STREET AND SAID ALLEY LYING WITHIN THE CITY OF BANGER IN DENTON COUNTY, TEXAS, AND TERMINATING PUBLIC MAINTENANCE THEREOF AND AUTHORIZING THE MAYOR AND CITY SECRETARY OF THE CITY OF BANGER, TEXAS, TO EXECUTE A QUIT CLAIM DEED TO THE PORTION OF SAID STREET AND SAID ALLEY TO WILLIAM H. BUTLER, 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 and said 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 portion of said street and alley 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 portion of said street and said alley in the City of Sanger, Texas, described in said Exhibit "A" to dilliam H. Butler in connection with the sale of said properties by William H. Butler and the acquisition thereof by The Morrison Milling Company for industrial development 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 BANGER, TEXAS: I. The said 170 of said street and said alley spec- ificiallI described by metes and bounds in Ext "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 William H. Butler 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 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 Cl" 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 William H. Butler, 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 William H. Butler, his successors and assigns. The fact that the portion of said street and said alley 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 William H. Butler properties to The Morrison Milling Company is being delayed together with the industrial development and use of the Butler properties by The Morrison Milling Company 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 /r day of June, 1981. ATTEST APPROVED AS TO FORM AND LEGALITY: 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 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 % day of June, 1981. 44WI WA 7C,TY SECRETARY All those certain lots, tracts, or parcels of land, lying and being situated in the City of Sanger, Denton County, Texas, out of the Reuben Bebee Survey, Abstract No. 29, Denton County, Texas, and being more particularly described as follows, to -wit: TRACT N0. 1: BEGINNING at the Northeast corner of Block No. 29 of the Original Town of Sanger, Texas, as shown on the plat thereof recorded in the Office of the County Clerk of Denton County, Texas; THENCE South along the East Boundary Line of Block No. 29 a distance of 200 feet, more or less, to a point for corner, same being the Southeast corner of Block No. 29; THENCE East a distance of 20 feet, more or less, to the Southwest corner of Block No. 30 of the Original Town of Sanger, Texas, as shown on the plat thereof recorded in the Office of the County Clerk of Denton County, Texas. THENCE North along the West Boundary Line of Block No. 30 a distance of 200 feet, more or less, to a point for corner, same being the Northwest corner of Block No. 30; THENCE West a distance of 20 feet, more or less, to the Place of Beginning. TRACT NO. 2: Beginning at the Northwest corner of Block No. 29 of the Original Town of Sanger, Texas, as shown by the plat thereof recorded in the office of the County Clerk of Denton County, Texas; same being at the intersection of the South Boundary Line of Peach Street with the East Boundary Line of Second Street: THENCE South 85° West a distance of 3 feet to a point for corner in Second Street; THENCE South 5° East, and parallel with the West Boundary Line of Block No. 29, a distance of 230 feet to a point for corner in Second Street; THENCE North 85° East a distance of 3 feet to a point for corner; same being at the intersection of the North Boundary Line of Pecan Street with the East Boundary Line of Second Street; THENCE North 5° West, along a portion of the Line of Block No. 29, a distance of 230 feet Beginning. EXHIBIT "A" West Boundary to the Place of QUITCLAIM DEED THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON X 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 WILLIAM H. BUTLER, 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 WILLIAM H. BUTLER, all of the right, title and interest of the said City of Sanger, Texas, a municipal corporation, in and to the hereinafter described portion of Second Street and specified alley, in the corporate limits of the City of Sanger, Texas, and being particularly described in Exhibit "A" which is attached hereto and made a part hereof for all purposes. PROVIDED, HOWEVER, that this Quit -Claim deed is executed and delivered SUBJECT to the following express reservations and special : conditions, to -wit: on (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 land for said purposes. (2) Private easements and/or reversionary rights in said property held by any abutting owner (if any) who has not heretofore relinquished or conveyed, or shall hereafter, relinquish or convey said private easements and reversionary rights to the City of Sanger, Texas and/or said WILLIAM H. BUTLER, his successors and assigns. (3) This Quitclaim Deed is executed SUBJECT to the final consumnation and closing of existing contracts between said WILLIAM H. BUTLER and THE MORRISON MILLING COMPANY, for the sale by said WILLIAM H. BUTLER, to said THE MORRISON MILLING COMPANY of the WILLIAM H. BUTLER properties in the City of Sanger, Texas, and shall be null and void if said sale should not be finally closed forthwith. TO HAVE AND TO HOLD 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 WILLIAM H. BUTLER, his heirs, 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 corporate seal affixed hereto, at Sanger, Texas, this the f'` day of June, A. D. 1981. THE CITY OF BANGER, TEXAS A Municipal Corporation Mayor ATTEST: ACKNOWLEDGEMENT THE STATE OF TEXAS X COUNTY OF DENTON X BEFORE ME, the undersigned authority, a Notary Public, in and for Denton County, Texas, on this day personally appeared RALPH COLE 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 instrument, and they each acknowledged to me that the same was the act and deed of the said City of Sanger, Texas, a Muncipal 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 � day of June, 1981, State of Texas My Commission Expires : �2. All those certain lots, tracts, or parcels of land, lying and being situated in the City of Sanger, Denton County, Texas, out of the Reuben Bebee Survey, Abstract No. 29, Denton County, Texas, and being more particularly described as follows, to -wit: TRACT NO. 1: BEGINNING at the Northeast corner of Block No. 29 of the Original Town of Sanger, Texas, as shown on the plat thereof recorded in the Office of the County Clerk of Denton County, Texas; THENCE South along the East Boundary Line of Block No. 29 a distance of 200 feet, more or less, to a point for corner, same being the Southeast corner of Block No. 29; THENCE East a distance of 20 feet, more or less, to the Southwest 'corner of Block No. 30 of the Original Town of Sanger, Texas, as shown on the plat thereof recorded in the Office of the County Clerk of Denton County, Texas, THENCE North along the West Boundary Line of Block No. 30 a distance of 200 feet, more or less, to a point for corner, same being the Northwest corner of Block No. 30, THENCE West a distance of 20 feet, more or less, to the Place of Beginning. TRACT NO. 2: Beginning at the Northwest corner of Block No. 29 of the Original Town of Sanger, Texas, as shown by the plat thereof recorded in the office of the County Clerk of Denton County, Texas; same being at the intersection of the South Boundary Line of Peach Street with the East Boundary Line of Second Street: THENCE South 851 West a distance of 3 feet to a point for corner in Second Street; THENCE South 50 East, and parallel with the West Boundary Line of Block No. 29, a distance of 230 feet to a point for corner in Second Street; THENCE North 850 East a distance of 3 feet to a point for corner; same being at the intersection of the North Boundary Line of Pecan Street with the East Boundary Line of Second Street; THENCE North 50 West, along a portion of the West Boundary Line of Block No. 29, a distance of 230 feet to -the Place of Beginning. - EXHIBIT "A"