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HomeMy WebLinkAbout1976-047FILE REFERENCE FORM 76-47 Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act ,6111Mi Late Document has been filed with the County Clerk's Office -original included with file but not iuiuuu NO 7 �0 `'f AN ORDINANCE ACCEPTING AN OFFER FROM NORTH TEXAS STATE UNIVERSITY CONCERNING THE CLOSING OF CERTAIN PORTIONS OF AVENUE D AND PRAIRIE STREETS; VACATING, CLOSING AND ABANDONING AS PUBLIC STREETS A POR- TION OF AVENUE D LYING BETWEEN CHESTNUT AND HIGHLAND AND A PORTION OF PRAIRIE FROM AVENUE C TO AVENUE E AS PER MAP OR PLAT OF SAID AREA RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID TRACTS OF LAND BEING FURTHER DESCRIBED HEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THEIR CONTINUED EXISTENCE, AUTHORIZING THE MAYOR TO SIGN A QUIT CLAIM DEED, AND DE- CLARING AN EMERGENCY WHEREAS, North Texas State University has made a request to the City Council of the City of Denton, Texas to close and abandon cer- tain portions of Avenue D and Prairie Streets in the City of Denton so that they may construct a facility known as the Health, Physical Education and Recreation Building, and WHEREAS, North Texas State University has conveyed an offer to the City of Denton to compensate the City and its citizens for the closing of these blocks of public streets, and WHEREAS, the City Council hereby finds and determines that the public convenience and necessity no longer require the continued existence of portions of Avenue D between Chestnut and Highland and Prairie between Avenue C and Avenue E, and WHEREAS, the City Council determines that it is in the best in- terests of the City of Denton and its citizens to accept the offer from North Texas State University, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HERE- BY ORDAINS SECTION I The City Council does hereby accept and approve the offer re- ceived from North Texas State University for the closing and aban- doning of Avenue D from Chestnut to Highland and Prairie Street from Avenue C to Avenue E Said offer is attached hereto as Exhibit A and incorporated into this ordinance as if fully set out herein SECTION II That the following described parcel of land containing 152,848 square feet, more or less, situated in the City of Denton, Denton County, Texas and more particularly described by metes and bounds as follows BEGINNING at the intersection of the east line of the right of way for Avenue D and the north line of the right of way for Highland Street, same being the southwest corner of Block 38 of the College Addition to the City of Denton, Texas, a plat of said Addition be- ing recorded in Volume 44 at Page 600 of the Deed Records of Denton County, Texas and said deed record is incorporated herein for all purposes by reference and adoption, THENCE south 890 51' 20" west 80 00 feet to a corner at which the said north line of the right of way for Highland Street intersects with the west line of the right of way for the said Avenue D, THENCE north 00 00' 30" west along the said west line of the right of way for Avenue D, 321 21 feet to a corner at which said west line of the right of way for Avenue D intersects with the south line of the right of way for Prairie Street, THENCE south 890 51' 20" west along the said south line of the right of way for Prairie Street, 600 00 feet to a corner at which said south line of the right of way for Prairie Street intersects with the east line of the right of way for Avenue E, THENCE north 01 00' 30" west 80 00 feet to a corner at which the said east line of the right of way for Avenue E intersects with the north line of the right of way for Prairie Street, THENCE north 890 51' 20" east along the said north line of the right of way for Prairie Street, 600 00 feet to a corner at which said north line of the right of way for Prairie Street intersects with the said west line of the right of way for Avenue D, THENCE north 00 00' 30" west along the said west line of the right of way for Avenue D, 300 00 feet to a corner at which the said west line of the right of way for Avenue D intersects with the south line of the right of way for Chestnut Street, THENCE north 760 39' 46" east 82 22 feet to a corner at which the said south line of the right of way for Chestnut intersects with the said east line of the right of way for Avenue D, same being the northwest corner of Block 37 of the said College Addition to the City of Denton, Texas, THENCE south 00 00' 30" east along the said east line of the right of way for Avenue D, 320 00 feet to a corner at which the said east line of the right of way for Avenue D intersects with the said north line of the right of way for Prairie Street, same being the southwest cor- ner of said Block 37 of the College Addition to the City of Denton, Texas, THENCE north 89° 51' 20" east along the said north line of the right of way for Prairie Street, 600 00 feet to a corner at which the said north line of the right of way for Prairie Street intersects with the west line of the right of way for Avenue C, same being the southeast corner of said Block 37 of the College Addition to the City of Denton, Texas, THENCE south 00 00' 30" east 80 00 feet to a corner at which the said west line of the right of way for Avenue C intersects with the said south line of the right of way for Prairie Street, same being the northeast corner of said Block 38 of the College Addition to the City of Denton, Texas, THENCE south B90 51' 20" west along the said south line of the right of way for Prairie Street, 600 00 feet to a corner at which the said south line of the right of way for Prairie Street intersects with the said east line of the right of way for Avenue D, same being the -2- northeast corner of said Block 38 of the College Addition to the City of Denton, Texas, THENCE south 00 00' 30" east along the said east line of the right of way for Avenue D, 320 00 feet to the place of beginning be, and the same is hereby vacated, closed and abandoned insofar as any right, title or interest may be vested in the public as a public right-of-way, and the City Council hereby authorizes the title and interest in and to the above described tract of land to vest in the North Texas State University, as the abutting owner, for use as part of Health, Physical Education and Recreation Building and Complex, and other purposes for the benefit of the University and the public SECTION III That the Mayor of the City of Denton, Texas is hereby authorized to sign a quit claim deed conveying the above described tract of land to the State of Texas for the use and benefit of North Texas State University, and said deed will contain a condition that if Avenue C is closed by an attempt of North Texas State University through any means other than action by the City Council, the property will revert to the City of Denton SECTION IV That the public importance of this measure and the fact that it is to the best interest of the City and its citizens to close and abandon as public streets a portion of Avenue D lying between Chestnut and Highland and a portion of Prairie from Avenue C to Avenue E at the earliest possible date constitutes and creates an emergency and an urgent public necessity, and this ordinance is passed as an emergency measure, and shall take effect and be in full force from and after its passage PASSED and APPROVED this the 12th day of October, A D 1976 ffi5Z) HO CITY—SECR14TARY OVED AS TO LEGAL FORM �3liiit��=f.`i3Tui�iF� ►i'i�iTi � : �il'i ELINOR HUGHES, MAYOR CITY OF DENTON, TEXAS -3- f jur I LL� I August 28, 1976 ItotthI"as t1tL University Deoto Texas 16703 Mayor Flinor Hughes Frestdents City of Denton Office Denton, Texas 76201 Dear Mayor Hughes I should like to propose a settlement offer from North Texas Statc University concerning the present litigation pending between NTSU and the City of Denton This litigation is related to the request from NTSU that the City close two blocks on Avenue D and two blocks on Prairie Street The offer includes a reimbui cement to the City of Denton for cost - incurred by the City of Denton or a contractor employed by the City for per- forming the following 1) Moving the necessary portions of electrical tiansmission lines along Avenue D from Highland to Sycamore and west one block to Avenue F, utilizing the present level of facilities and the present level of services in order to accommodate the new PIPER Building, such work to commence immediately upon the approval of the settlement offer This work is necessary to remove the hazard of the lines from that portion of the campus, to enhance the appear- ance of that portion of the campus, and to make room for the actual construction of the PIPER Building NTSU will pay to the City of Denton $35, 000 foi per- forming this work 2) Constructing or reconstructing all electrical, water and se�xer lines disturbed as a result of the proposed closing of the streets and erection of the PIPER Building, such work to be done concurrently with the work on the PIPER Building NTSU will pay to the City of Denton $500 for performing this work 3) The City of Denton will install four-way stop signs at the intersection of Avenue C and Chestnut Street In addition, the City will install on Avenue C a pedestrian crosswalk and necessary signs at a location between Chestnut and Highland Street wherever it is found to be necessary to maintain maximum pedestrian safety and as expeditiously as possible This work will be performed by the City of Denton at no cost to NTSU EXHIBIT A President s Office • 4C817 788 1016 Mayor Hughes Aut*use 28, 1976 -paPe2- 4) The donation, acquisition or remnbursement for acquisition of the necessary land (right-of-way) along the east and west sides of Avenue 1., to widen that thoioughf Are from Oak Street to the 1-35 access road at the south end of Avenue E Such street improvement is necessary in ordei to connect Avenue E to the I-35 access road leading from the Avenue D bridge across I-35E contingent upon the approval of the appiopiiate authorities of the City of Denton NTSU will pay to the City of Denton $135, 000 for performing this work 5) The donation, acquisition or reimbursement for acquisition of the necessary right-of-way to widen Eagle Drive west from Avenue CG to I-35 access load and the proportionate cost of paving and curbing that part of Fagle Drive as may be required to handle an increased traffic flow NTSU will pay to the City of Denton $65, 000 for performing this work 6) The proportionate cost of improving Avenue F (including paving and curbing) in order to better accommodate the flow of traffic NTSU will pay to the City of Denton $165, 000 for performing this work All work mentioned in items 4, 5 and 6 is to be completed by September 1, 1978 If NTSU furnishes any of the above -mentioned items, then that amount will be credited by the City against the total cash settlement In addition to the above -mentioned items, I shall recommend the follow- ing resolution to the NTSU Board of Regents (See attached) I should like to recommend to the City of Denton that the deed conveying the blocks on Avenue D and Prairie Street to NTSU will contain a condition that if Avenue C is closed by an attempt of NTSU through any means other than action by the City Council, then the property described in the deed will revert to the City of Denton I trust that due consideration may be given to this offer, that it will be found acceptable, and the present dispute between both parties is resolved Sincerely, C C Nolen, President CCN er RESOLUT ION Be it Resolved That the Board of Regents of North Texas State University for and in consideration of the granting to it certain portions of Avenue D and West Prairie streets' by the City of Denton, Texas, for the purpose of constructing an educa- tional facility known as the HPER Building, and for the extension and improvement of Avenue E by said City of Denton, hereby concurs with the recommendation of President Nolen that North Texas State University will not take any action other than a request to the City Council of the City of Denton, Texas, to close Avenue C The intent of said recommendation is to permit the said City Council its discretion to close Avenue C, but if said City Council votes "no", then the request will terminate and no legal proceeding to close same will be commenced by North Texas State University The Board of Regents further instructs President Nolen tb thoroughly study every possible alternative related to retaining Avenue C within the North Texas State University Master Plan