HomeMy WebLinkAbout1971-012AN ORDINANCE VACATING AND ABANDONING AS A PUBLIC STREET CERTAIN
PORTIONS OF AVENUE "A" LYING BETWEEN MULBERRY AND CHESTNUT, AND
BETWEEN PRAIRIE AND HIGHLAND STREETS, SAID PORTIONS BEING FURTHER
DESCRIBED THEREIN IN FULL~ AFTER FINDING THAT THE PUBLIC CONVENI-
ENCE AND NECESSITY NO LONGER REQUIRES THEIR CONTINUED EXISTENCE
AS PUBLIC STREETS, RETAINING UTILITY AND DRAINAGE RIGHTS THEREIN,
AND DECLARING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS
SECTION I
The City Council hereby finds and determines that the public
convenience and necessity no longer require the continued existence
of those certain portions of street described below for general
street uses, and that the State of Texas has a greater need there-
for, which street portions are described as follows Situated in
the City of Denton, Texas, to-wit
PORTION NO 1
BEGINNING at a point in the east right of way line of Avenue A,
said point of beginning being the intersection of the east right
of way line of Avenue A and the south right of way line of Mulberry
Street,
THENCE south along the east right of way line of Avenue A, a distance
of 720 0 feet to a point for a corner, same being the intersection
of the east right of way line of Avenue A and the north right of way
line of Chestnut Street,
THENCE west a distance of 80 0 feet to a point for a corner, same
being the intersection of the west right of way line of Avenue A,
and the north right of way line of Chestnut Street,
THENCE north along the west right of way line of Avenue A, a distance
of 720 0 feet to a point for a corner,
THENCE east a distance of 80 0 feet to the place of beginning and
containing 57,600 0 square feet of land, more or less
PORTION NO 2
BEGINNING at a point in the east right of way line of Avenue A, said
point of beginning being the intersection of the east right of way
line of Avenue A and the south right of way line of Prairie Street,
THENCE south along the east ~tght cf way lmne of Avenue A, a distance
of 320 0 feet to a point for a corner, same being the intersection of
the east right of way line of Avenue A and the north right of way line
of Highland Street,
THENCE west a distance of 80 0 feet to a point for a corner, same be-
ing the intersection of the west right of way line of Avenue A and
the north right of way line of Highland Street,
THENCE nDrth, along the west right of way line of Avenue A, a distance
of 320 0 feet to a point for a corner, same being the intersection of
the west right of way line of Avenue A and the south right of way line
of Prairie Street,
THENCE east a distance of 80 0 feet to the place of beginning and
containing 25,600 0 square feet of land, more or less
An, d said above described street portions are hereby vacated
and abandoned in so far as any right, tmtle and interest may be
vested in the public as a public street, but it is expressly made
a part of this ordinance that an all purpose utility and drainage
easement is retained by the City of Denton the same as if an ease-
ment were granted therefore to the City by the State of Texas, des-
cribing the exact tracts of land herein being vacated and abandoned
as a public street, with all rights of ingress, egress and regress
in, along, upon and across same remaining with the City of Denton
until such uses therein are abandoned by the City of Denton by its
governing body
It is further provided that this ordinance is conditioned upon
the following, which shall be a condition subsequent to the enactment
hereof, but shall cause this ordinance to be null and void upon any
breach hereof, to-wit
The utilities and drainage facilities located wmthin or upon
the above described street portions shall be relocated at the expense
of the State of Texas, and as approved and directed by the City of
Denton through its Council
SECTION II
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any per-
son or circumstances, is held invalid by any Court of competent Jur-
isdiction, such holding shall not affect the validity of the remain-
lng portions despite any such invalidity
SECTION III
That this ordinance shall become effective from and after the
date of its passage, and the City Secretary is hereby directed to
cause the caption of this ordinance to be published once in the
Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage and approval
PASSED AND APPROVED this the 27th day of April, A D 1971
ATTEST
CITY OF DENTON, TEXAS
JA~Q BARTON, CITY ATTORNEY
CrY OF DENTON, TEXAS