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05-13-19-Ordinance-Abandoning the Right of Way Sullivans West Block 4 (N55')-05/20/2019ORDINANCE # 05-13-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ABANDONING THE RIGHT-OF-WAY (ROW) OF APPROXIMATELY 0.046 ACRES OF PECAN STREET BETWEEN NORTH 7TH STREET AND NORTH 8TH STREET, ADJACENT TO THE PROPERTY DESCRIBED AS SULLIVANS WEST BLOCK 4(N55'); PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1.109 OF THE CODE OF ORDINANCE FOR VIOLATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, all Requests for right-of-way (ROW) Abandonment were duly filed with the City of Sanger, Texas, by GDHI Investment LLC, the current owner of property described as Sullivans West Block 4(N55'), concerning the hereinafter described property; and WHEREAS, the City Council has reviewed the public necessity of maintaining this right- of-way, and has found that this right-of-way no longer serves a valuable enough public interest to merit its continued maintenance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That a certain approximately 0.046-acre of right-of-way of Pecan.Street, between North 7" Street and North 8 h Street as described in Exhibit A, and illustrated in Exhibit B and Exhibit C, and generally located adjacent to the property described as Sullivans West Block 4(N55') is subject to this ordinance. SECTION 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. SECTION 4. Any person, firm or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in The Code of Ordinances, Section 1.109 General Penalty for Violations of Code. SECTION 5. This ordinance will take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED, APPROVED AND OPTED by the City Council of the City of Sanger, Texas, on this day of. APPROVED: dGZd��-swims<�• /��i� Thomas E. Muir, Mayor ATTEST: Cheryl ffric oty Secretary EXHIBIT "A" R.O.W. ABANDONMENT 0.046 ACRE BEING all that certain lot, tract, or parcel of land situated in the R. Bebee Survey Abstract Number 29 in the City of Sanger, Denton County, Texas, being a part of Pecan Street, a public roadway having a right-of-way of 80.0 feet, and being more particularly described as follows: BEGINNING at a capped iron rod marked RPLS 4561 set for corner in the west line of 7ch Street, a public roadway having a right-of-way of 60.0 feet, said point being the northeast corner of that certain "Tract One" of land conveyed by deed from Westoplex Renewal Company. LLC to GDHI Investments, LLC recorded under Document Number 2018- 107833, Real Property Records, Denton County, Texas; THENCE S 860 31' 39" W, 200.00 feet with the north line of said "Tract One" and with the north line of "Tract Two" of said GDHI Investments, LLC tract to a capped iron rod marked RPLS 4561 set for corner in the east line of 8'h Street, a public roadway having a right-of- way of 50.0 feet; THENCE N 030 41' 54" W, 10.00 feet with said east line of said 81h Street to a capped iron rod marked RPLS 4561 set for corner; THENCE N 860 31' 39" E, 200.00 feet to a capped iron rod marked RPLS 4561 set for corner; THENCE S 030 41' 54" E, 10.00 feet to the PLACE OF BEGINNING and containing 0.046 acre of land. EXHIBIT B I N I3 41 54" W CAPPED FIR 0 _ -- -PE m BEET—'- -- 39" E 200. 00' TRACT TWO WESTOPLEX RENEWAL CO., LLC. TO GDHI INVESTMENTS, I.I.C. DOC. (2.018-107833 R.P.R.D,C.T. S 863139" W LOT 1R, BLOCK 4 J.R. SULLIVANS WEST ADDITION CAB. 0, PG. 300 P.R.D.C.T. EXHIBIT 1B 11 R. O. W. ABANDONMENT 0.046ACRE (2000 S.F.) IN THE R. BEBEE SURVEYA-29 CITY OF SANGER DENTON COUNTY, TEXAS tiiVl�MfARi 4238 I-35 NORTH SURVEYORS, LLC. TX FIRM REGISTRATION NO. 10098600 DE 944TON0 382TEXAS 166207 FAX (940) 387-97R4 I q S 341'54"IE 0 SIR,. .00' I S. ,:I.R. P05 �-Irs 3 i uo W O TRACT ONE WESTOPLEX RENEWAL CO., LLC. W BLOCK 4 TO J.R. SULLIVANS GDHI INVESTMENTS, LLC. I (0 WEST ADDITION DOC. p2018-107833 VOL. 75, PG. 144 R.P.R.D.C.T. �t D.R.D.C.T. M 0) -____—__—________—__SLR. T—zoo.0o' KEITH BRIGGS AND I WIFE MILDRED BRIGGS TO i THE BRIGGS FAMILY TRUST DOC. #2017-45171 R.P.R.D.C.T. Sti �f P10-ap £F o N 1ERALDDY_5SAM JS ,. �FESSIO,O`�t �SUF'E� •. Basis of Bearing is the State Plane Coordinate System, Texas North Central Zane (4202), North American Datum of 1983, as determined from GPS observations. B.L. = BUILDING LINE CAN = CABLE 7V BOX CC/P = COVERED PA770/PORCH CID = CONCRETE DRIVE 0/0 = SANITARY SEWER CLEANOUTC/P = CONCRETE PA770/PORCH C/W = CONCRETE SIDEWALK D.E. = DRAINAGE EASEMENT E.B. = ELECTRIC BOX F.H. = FIRE HYDRANT F.I.R. = FOUND IRON ROD FOC = FIBER OPTIC CABLE GLM = GAS LINE MARKER L.P. = LIGHT POLE P.P. = POWER POLE SIR = SET CAPPED 1/2" RPLS 4561 IRON ROD S.P. = SERWCE POLE SSMH = SANITARY SEWER MANHOLE STM MH=STORM SEWER MANHOLE TEL PED. = TELEPHONE BOX WIT) = WOOD DECK W/M = WATER METER W/V = WATER VALVE U.E. = U77LITY EASEMENT FENCE —X— OVERHEAD POWER UNE OH EXHIBIT C p 10' PAL40� fl.O.WJ s0 I a o � P.O.W. PDNNIXIYdi IrL 1 i 1" N N']I']9' E SW W' � hm a • i vg' i d 'I 'I LOi }fl b LOi 2- fl w.zi w�""wE 114 I In o O1u ry G Y I Iv ill I s ee•.tY]9HIv II u � etlE6 µ0 LOi 10. BtMK 4 I � WNdN IE M9DRE0 Bfl1GG5 �� 3P. SIWVµS Pa. 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