HomeMy WebLinkAbout2000-028P\SHAEEHWEMWWur Wo mt WNbmcw\WW Abuo4munml dM
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CLOSING A PORTION OF THE
STREET RIGHT-OF-WAY FOR TEXAS STREET IN THE VICINITY OF UNION PACIFIC
RAILROAD'S MILE POST 718 40 — CHOCTAW SUBDIVISION AND THE ACME BRICK
PRIVATE STREET IN THE VICINITY OF UNION PACIFIC RAILROAD'S MILE POST
720 69 — CHOCTAW SUBDIVISION, PROVIDING FOR A SAVINGS CLAUSE,
PROVIDING FOR SEVERABILITY, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City has requested Union Pacific Railroad Company (UP) to grant the
City a 70 feet street easement across UP right-of-way at Mile Post (MP) 717 17 — Choctaw
Subdivision for the proposed new Nottingham Street crossing, and
WHEREAS, UP has agreed to grant such easement if the City would close a portion of
the Texas Street Right -of -Way in the vicinity of UP's MP 718 40 — Choctaw Subdivision and the
Acme Brick Private Street Right -of -Way in the vicinity of UP's MP 720 69 — Choctaw
Subdivision and pay the cost of constructing the needed improvements for the Nottingham
crossing, and
WHEREAS, the City Council finds that there is a safety benefit to the general public in
reducing the number of railroad crossings with the City of Denton, and
WHEREAS, the City Council further finds and has determined after careful study and
consideration that it is in the public interest for the elimination of the railroad crossing resulting
from this street closing, NOW, THEREFORE,
THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS
FCTION 1 That the portion of the street right-of-way for Texas Street in the vicinity of
Union Pacific Railroad Company's (UP's) Mile Post (MP) 718 40, as described in Exhibit "A"
attached hereto and incorporated herein by reference, and the portion of the Acme Drive Private
Street in the vicinity of UP's MP 720 69, as described in Exhibit `B" attached hereto and
incorporated herein by reference, both rights -of -way located in the Choctaw Subdivision, are
hereby closed as public streets
SECTION 2 That the City's interests to the land in said street nght-of-way easements
above described are hereby released and the City Manager may execute quitclaim deeds to
evidence this release of same is requested by the owners of the land to whom these interests shall
revert as provided by law
SECTION 3 That this ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Denton and such other ordinances shall remain in full force and
effect, save an except as amended by this ordinance
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SECTION 4 That if any section, subsection, paragraph, phrase or provisions of this
ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity
of this ordinance as a whole or any part of provisions hereof, other than the part so decided to be
invalid or unconstitutional
SECTION 5 That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the / f day of ( 2000
JAC M LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
PROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
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