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"