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1977-057NO 77-s 9 AN ORDINANCE CLOSING A CERTAIN PORTION OF AUSTIN STREET, VACATING, CLOSING AND ABANDONING AS A PUBLIC STREET A PORTION OF AUSTIN STREET LYING BETWEEN SYCAMORE STREET AND MULBERRY STREET AS PER MAP OR PLAT OF SAID AREA RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID TRACT OF LAND BEING FURTHER DESCRIBED HEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRES ITS CONTINUED EXISTENCE, AUTHORIZING THE MAYOR TO SIGN A QUIT CLAIM DEED, AND DECLARING AN EFFECTIVE DATE WHEREAS, First United Methodist Church of Denton, Texas has made a request to the City Council of the City of Denton, Texas to close an abandon a certain portion of Austin Street in the City of Denton so that they may construct additional facilities for the Church, and WHEREAS, the City Council hereby finds and determines that the public convenience and necessity no longer require the con- tinued existence of a portion of Austin Street between Sycamore Street and Mulberry Street, and WHEREAS, the City Council determines that it is in the best interest of the City of Denton and its citizens to close this por- tion of Austin Street for the use and benefit of the First United Methodist Church of Denton, Texas, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I The City Council does hereby approve the request received from the First United Methodist Church of Denton, Texas for the closing and abandoning of Austin Street from Sycamore Street to Mulberry Street SECTION II That the following described parcel of land containing 15,000 square feet, more or less, situated in the City of Denton, Denton County, Texas and more particularly described by metes and bounds as follows All that certain lot, tract or parcel of land lying and being situ- ated in the City and County of Denton, State of Texas, and being part of the W Loving Survey, Abstract No 759, and being part of the Original Town of Denton, Texas, and being more particularly described as follows BEGINNING at a point in the south right of way line of Mulberry Street, said point of beginning being 150 0 feet east of the northwest corner of Lot 1, Block 23 of the Original Town of Denton, Texas, and also be- ing the intersection of the south right of way line of Mulberry Street and the west right of way line of Austin Street, THENCE east along the south right of way line of Mulberry Street a dis- tance of 50 0 feet to a point for a corner, same being the northwest corner of Lot 2, Block 23 of the Original Town of Denton, Texas, and also being the northwest corner of a tract of land conveyed by Denton Independent School District to the Trustees of First United Methodist Church by deed dated August 26, 1976, and recorded in Volume 801, Page 484 of the Deed Records of Denton County, Texas, THENCE south along the west boundary line of said Lot 2, Block 23, same being the east right of way line of Austin Street passing at 150 0 feet the southwest corner of said Lot 2, Block 23, same being the northwest corner of Lot 5, Block 23 of the Original Town of Denton, Texas, and continuing south a total distance of 300 0 feet to a point for a corner, same being the southwest corner of said Lot 5, Block 23 and lying in the north right of way line of Sycamore Street, THENCE west along the north right of way of Sycamore Street, a distance of 50 0 feet to a point for a corner, same being the southeast corner of Lot 6, Block 23 of the Original Town of Denton, Texas, THENCE north along the west right of way line of Austin Street, same be- ing the east boundary line of said Lot 6, Block 23, passing at 150 0 feet the northeast corner of said Lot 6, Block 23, same being the south- east corner of the aforementioned Lot 1, Block 23 and continuing north a total distance of 300 0 feet to the place of beginning and containing 15,000 square feet of land, more or less PROVIDED, that the above described tract is hereby vacated and abandoned only in so far as any right, title or interest may be vested in the public as a public street, but it is expressly made a part of this deed that a water line easement is expressly retained by the City of Denton the same as if an easement were granted therefore to the City of Denton by the owner thereof with all rights of ingress, egress and regress in, along, upon and across same being retained by the City of Denton until such uses therein are abandoned by separate action, said easement being more particularly described as follows BEGINNING at a point in the south right of way line of Mulberry Street, said point of beginning being 161 0 feet east of the northwest corner of Lot 1, Block 23 of the Original Town of Denton, Texas, THENCE east along the south right of way line of Mulberry Street a dis- tance of 16 0 feet to a point for a corner, THENCE south a distance of 300 0 feet to a point for a corner in the north right of way line of Sycamore Street, said point being 27 0 feet east of the southeast corner of Lot 6, Block 23 of the Original Town of Denton, Texas, THENCE west along the north right of way line of Sycamore Street, a distance of 16 0 feet to a point for a corner, THENCE north a distance of 300 0 feet to the place of beginning and containing 4,800 square feet of land, more or less 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 PAGE TWO interest in and to the above described tract of land to vest in the First United Methodist Church of Denton, Texas, as the abutting owner, for use as part of the Church facilities, and other purposes for the benefit of the Church 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 First United Methodist Church of Denton, Texas for their use and benefit SECTION IV That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten days of the date of its passage PASSED and APPROVED this the 22N.o day of 1Voj,~Aje&4L , A D 1977 ELTNO7 HUGHES, MAM)K CITY OF DENTON, TEXAS ATTEST ~ ss~Gy~i~ / , CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM OF DENT TEXA S PAGE THREE