76-10-Ordinance-Abandoning portions of Elm and First Streets-09/20/1976ORDINANCE 76-10
AN ORDINANCE ABANDONING PORTIONS OF
ELM: STREET AND FIRST STREET IN THE
CITY OF SAI IGER, TEAS, AND TERI INATING
PUBLIC 1 ZAINTENANCE THEREOF, AND AUTHOR-
IZING THE I 'IAYOR AND CITY SECP,ETARY OF
THE CITY OF BANGER, TEXAS TO EXECUTE A
QUIT-CLAI DEED TO THE ABANDONED PORTIONS
0 ' SAID STREETS TO BP.OUGH_ .N! INDUSTRIES,
INC., A COF.PORATION, SUBJECT TO A
RESERVATION TO THE CITY flF SANGr R, TEXAS
OF A PERPETUAL SEWER EASEi i T IN SAID
LAND, AND SUBJECT TO CERTAIN EXPRESS
CONDITIONS, AZdD DECLARIIVTG AN EZ RGE'' TCY.
kgiEP EAS, the City Council'. of the City of Saner,
Texas, has determined that there now exists no reason or
necessity for public use. or maint-enance of the hereinafter
described portions of=E]: ::= Street and First Street in the
said City of Sanger, Texas, -and that the best interest of
the public will be served if the said hereinafter described
portions of said streets are abandoned for public use, and
the public maintenance thereof terminated; -and
6 REAS, Brougham Industries,, Inc., a Corporation,
desires to use said portions of said streets for the
construction of certain improvements deemed necessary by
said corporation in the conduct of the business of the
corporation in Sanger, Texas, and in consideration of -the
agreement of the City of Sanger, Texas, to execute a quit-
claim deed to said abandoned streets to said Brougham
Industries, Inc., said Brougham Industries, Inc., has
stipulated and agreed that said quit -claim deed shall contain
the reservations and express conditions herainbelow set forth,
and,
ti %EREAS, it is in the public interest that the Mayor and
City Secretary of the s aid City° of Sanger, Texas, be author-
ized to execute a quit -claim deed to the hereinafter described
portions of said streets to said Brougham Industries, Inc.,
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for the considerations hereinabove set forth, and subject to
the said reservations and express conditions;
NQGT, THEREFORE, BE IT ORDAINED BY THE CITY COVI�CIL OF THE
CITY OF BANGER, TEXAS:
1.
The hereinafter described portions of First Street and
C _Elm. Street, in the corporate limits of the City of Sanger,
Texas, described by metes and bounds as follows, to -wit:
All that certain lot, tract, or parcel of land,
lying and being situated in the City of Sanger, County;
of Denton, and State of Texas, out of the Reuben
Bebee Survey, Abstract No. 29, being parts of First
Street and -"Elm_,. Street in said City of Sanger,
Texas, according to the map or plat thereof..recorded
in the office of the County Clerk of Denton County,
Texas, and being more fully and particularly described;
as follows*
BEGINNING at the intersection of the North
Boundary line of Bolivar Street with the West_
boundary line of First Street in said City of
Sanger;
THENCE North with the West boundary line of
First Street, 250.0 feet to the point of intersection
of said WBL of First Street with the South boundary
line of ..Elm-,. Street;
THENCE West with the South boundary line of
Pecan Street 110.0 feet to the point of intersection
of said SBL of.Elm Street with the East boundary
line of a 17.6 ft. alley;
THENCE North with the said EBL of said alley, as
extended, 80 feet to the point of intersection of said
EBL of said alley with the North boundary line of
El-m, Street;
THENCE East with the North. boundary line of Elm.-7
Street, 110.0 feet: to -the point of intersection of the
said NBL of E3x:t::... Street with the West boundary Line
of First Street;
THENCE
North with the Vest boundary line of
First Street 213.45 feet, more or less, to the
point of intersection of the said WBL of First Street
with the South boundary line of Pecan Street;
THENCE East with the South boundary line of
Pecan Street, 30 ft. to a point for corner at the
intersection of the SBL off' "•Pecan Street with the EBL
of First Street;
THEN; E South with the East boundary line of
First Street 543.45 f t . more or less, to the point of
intersection of the EBL of First Street with the NBL
of Bolivar Street;
THENCE West. with the NBL of Bolivar Street, as
extended, 30 ft, to the PLACE OF BEGINNING;
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1 ET
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shall be and the ss_me are hereby abandoned for public
use and all public maintenance thereof by.the said Gity
of Sanger, Texas, shall be and the same is hereby
terminated as of the effective date of this ordinance.
2.
The Mayor and the City Secretary of the City of
Sanger, Texas, shall be and they are hereby authorized tc i =
execute and deliver in the name of, and for and in behalf
of the City of Sanger, Texas, a quit -claim deed to said
Brougham Industries, Inc., a Corporation, conveying all
of the right, title, and interest of the said City of
Sanger, Texas, in and to said abandoned portions of said
First Street and Elm Street, hereinabove described by
metes and bounds, which quitclaim deed shall contain the
following express reservations u.nd special conditior�:
(1) The City of Sanger, Texas, shall reserve to the
City of Sanger, Texas, and its successors, a perpetual
sewer easement in said land for the installation, maint-
enance, repair and/or replacement of one or more sewer
lines or mains in said land, with the right of ingress and;
egress thereto across said land for said purposes;
(2) Any improvements constructed over said sever r
line or lines by the grantee, its successors or assigns,
shall be constructed and maintained in such a manner as to
afford full and adequate protection to said sewer lines
in accordance with City Specifications . All costs in
connection therewith shall be .paid by Broughama Industries,;
Inc., its successors or assigns.
(3) The City of Sanger, Texas shall never be liable
to Brougham Industries, Inc., or its successors and
assigns, for any damages to any building or equipment, or
for interruption of business, or any other type of
damages incidental to the instdllaton;_repair, maintenance,
and/or replacement of said sewer line or lines..
(i.�) These conditions shall be co,renants running witha
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CI I Y SECRETARY
ORIGINAL COPY
the title to said land, and shall be binding on Brougham
Industries, Inc., its successors and assigns.
3.
The fact that the portions of s aid First Street and
Elm Street in said City of Sanger hereby abandoned are of no
further use or benefit to the City of Sanger, and the fact
that the construction of valuable improvements upon said
abandoned portion of said streets is being delayed pending
the effective date of this ordinance creates an imperative
public necessity that the rule requiring this ordinance to
i
i be read on three separate occasions is suspended, and said
1. rule is hereby suspended, and this ordinance shall take
i
1' effect from and after the date of its passage.
I .
PASSED AND APPROVED this x day of 4 prT F t,.% C ,1976 •
i( `IvIayor
i:.
ATTEST
cretary
Approved as to Form:
City Attorney