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05-05-12-Resolution-Tax Abatement Agreement with Denton Terminal LLC-05/07/2012RESOLUTION R# 05-OS-12 A RESOLUTION OF THE CITY OF SANGER, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A TAX ABATEMENT AGREEMENT BY AND BETWEEN THE CITY OF SANGER, TEXAS, AND DENTON TERMINAL L. L. C.; AUTHORIZING ITS EXECUTION BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has been presented a proposed Tax Abatement Agreement by and between the City of Sanger, Texas, and Denton Terminal L. L. C., a copy of which is attached hereto and incorporated herein by references and WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute the Agreement on behalf of the City A Sanger, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, THAT: SECTION 1. The Agreement attached hereto having been reviewed by the City Council of the City of Sanger, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the Mayor is hereby authorized to execute the Agreement on behalf of the City of Sanger, Texas. SECTION 2. The Council finds that the improvements proposed to be built upon the Premises described in the Agreement will enhance the economic vitality of the community through a combination of new capital investment, increased sales tax revenues, and the creation of additional job opportunities. SECTION 3. The tax abatement to be granted by the Agreement will not include inventory, and supplies. SECTION 4. The improvements proposed for the Premises will accomplish the tax abatement guidelines of the City of Sanger, Texas. 1 SECTION 5. The City Manager delivered to the presiding officer of the governing body of each taxing unit in which the. property subject to the Agreement is located, a written notice that the City of Sanger, Texas, intends to enter into the Agreement. The notice given by the City Manager included a copy of a approved by this Resolution. SECTION 6. This Resolution and the Tax Abatement Agreement are hereby approved by the affirmative vote of the majority of the members of the City Council of the City of Sanger, Texas, at a regularly scheduled meeting of the City Council. SECTION 7. This Resolution shall become effective immediately from and after its passage. DULY RESOLVED AND ADOPTED by the City Council of the City of Sanger, Texas, on this the C day of 2012. CITY OF BANGER, TEXAS BY: U ,,�►►t►'s"rrrr��rr,,,, THOMAS MUIR, MAYOR `tte' ; , IF `;. IVO ATTEST: a too °0j°°rrunu+►►D°<�° BY: TAMI TABER, CITY SECRETARY OVED AS TO FORM: CITY ATTORNEY (RLD:04-18-12:TM 55074) Exhibit "A" (copy of Tax Abatement Agreement to be attached) 3 Being 82.72 acres of land out of the Reuben Bebee Headright League and Labor Survey, Patented to Reuben Bebee January 3rd, 1873, Patent No. 168, Certificate No. 3/43 situated in Denton County, Texas being parts of Tract Number 1 and Trace Number 2 as partitioned by the District Court of Denton County, Texas by judgment dated October 25,1922 and recorded in Volume X, page 228, of the Minutes of said Court being a partition of 939 acres of -land belonging to the estate of Proctor H. Ruling, deceased, Originally surveyed by W.T. Jagoe in 19229 resurveyed by C.F. Ballard, Licensed State Surveyor October 21, 1931 and resurveyed by W.J. Parker, County Surveyor of Denton County, Texas November 3,1943, described in tract as follows: BEGINNING at a point in the center of. said Highway No. 40 at the Northwest corner of said Tract Number 1; THENCE East 2052 feet to the west right of way line of the Santa Fe Railway; THENCE South 4 degrees 41 minutes East along said West right of way line at 851.2 feet pass the south line of sais tract 1 and North line of Tract 2, 11702.4 feet in all to as point in the south line of said Tract 2; TEHNCE West 2200.E feet to the southwest corner of Tract 2 and Northwest corner of Tract 3 to a point in the center of said Highway No. 4; THENCE North 0 degrees 16 minutes East 847.2 feet ass the Northwest corner of Tract and the Southwest corner of Tract 1, 842.2 feet, more, 16994.7 feet in all to the place of beginning, containing 82.72 acres of land, being.40.64 of said Tract 1 and 42.08 acres of said Tract 2 and being all of Tract 1 and Tract 2 of said partition lying west of the Santa Fe Railway; Less However, that strip of land conveyed to the State of Texas by deed dated Apri16,1948 and recorded in volume 348, page 199 of the Deed Records of Denton County, Texas Page 1 Being 39.98 acres of land out of the Reuben Bebee Headright League and Labor Survey, Patented to Reuben Bebee January 3rd, 1873, Patent No. 168, Certificate No. 3/43 situated in Denton County, Texas being parts of Tract Number 1 and Trace Number 2 as partitioned by the District Court of Denton County, Texas by judgment dated October 25, 1922 and recorded in Volume X, page 228, of the Minutes of said Court being a partition of 939 acres of -land belonging to the estate of Proctor H. Ruling, deceased, Originally surveyed by W.T. Jagoe in 1922, resurveyed by C.F. Ballard, Licensed State Surveyor October 21,1931 and resurveyed by W.J. Parker, County Surveyor of Denton County, Texas November 3, 1943, described in tract as follows: BEGINNING at a point at the Santa Fe Railway on the Northeast corner of said Tract Number 1; THENCE West 1,230 feet; THENCE South along the creek boundary 1,255 feet; TEHNCE East 1,625 feet to the Santa Fe Railway; THENCE North along the Santa Fe Railway Railway 1,185 feet, 5,295 feet in all to the place of beginning, containing 39.98 acres of land of said Tract 1