1976-047nL~ ~n~R~C~ ~OmU I 76-4? I
X
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NO
AN ORDIN~ANCE ACCEPTING AIq 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 PRAIP~E 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 n~de a request to the
City Co~ncll 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 B~ildlng, and
WHEREAS, North Texas State University has conveyed an offer to
the C1ty of Denton to compensate the City and its citizens for the
closing of these blocks of public streets, and
WH~.REAS, the City Council hereby finds and determines that the
public convenience and necessity no longer requlre the continued
existence of portions of Avenue D between Chestnut and Highland and
Prairie ~between Avenue C and Avenue E, and
WHEREAS, the City Counoll determines that it is in the best
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 fr~m 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 r~gkt 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 ~n Volume 44 at Page 600 of the Deed Records of Denton
County, Texas and said deed record is ~ncorporated kereln for all
purposes by reference and adoption,
THENCE south 89° 51' 20" west 80 00 feet to a corner at which the
sald north line of the right of way for H~ghland Street lntersects
w~th the west l~ne of the r~ght of way for the said Avenue D,
THENCE north 0° 00' 30" west along the said west l~ne of the r~ght
of way for Avenue D, 321 21 feet to a corner at whlch said west l~ne
of the r~ght of way for Avenue D ~ntersects w~th the south l~ne of
the r~ght of way for Prairie Street,
THENCE south 89° 51' 20" west along the sa~d south line of the r~ght
of way for Prairie Street, 600 00 feet to a corner at which sa~d south
l~ne of the r~ght of way for Prairie Street ~ntersects w~th the east
l~ne of the r~ght of way for Avenue E,
THENCE north 0° 00' 30" west 80 00 feet to a corner at which the said
east line of the right of way for Avenue E ~ntersects with the north
l~ne of the right of way for Prairie Street,
THENCE north 89° 51' 20" east along the said north l~ne of the right
of way for Prairie Street, 600 00 feet to a corner at which said north
l~ne of the right of way for Prairie Street ~ntersects with the said
west line of the right of way for Avenue D,
THENCE north 0° 00' 30" west along the sa~d west line of the right of
way for Avenue D, 300 00 feet to a corner at which the sa~d west l~ne
of the right of way for Avenue D ~ntersects w~th the south line of the
r~ght of way for Chestnut Street,
THENCE north 76° 39' 46" east 82 22 feet to a corner at which the sa~d
south l~ne of the r~ght of way for Chestnut ~ntersects w~th the sa~d
east line of the r~ght 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 0° 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 sa~d east l~ne
of the right of way for Avenue D intersects with the sald north l~ne
of the r~ght of way for Prairie Street, same being the southwest cor-
ner of sa~d Block 37 of the College Addition to the Clty 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 sa~d
north line of the r~ght of way for Prairie Street ~ntersects with the
west line of the r~ght of way for Avenue C, same being the southeast
corner of sa~d Block 37 of the College Addltlon to the City of Denton,
Texas,
THENCE south 0° 00' 30" east 80 00 feet to a corner at which the sa~d
west line of the r~ght of way for Avenue C ~ntersects w~th the sa~d
south lane of the right of way for Prairie Street, same being the
northeast corner of said Block 38 of the College Addition to the C~ty
of Denton, Texas,
THENCE south 89° 51' 20" west along the sa~d south line of the right
of way for Prairie Street, 600 00 feet to a corner at which the said
south l~ne of the r~ght of way for Prairie Street intersects with
the said east l~ne of the right of way for Avenue D, same being the
-2-
northeast corner of said Block 38 of the College Addition to the C~ty
of Denton, Texas,
THENCE south 0° 00' 30" east along the sa~d east l~ne of the rl~t of
way for Avenue D, 320 00 feet to the place of beq~nn~ng
be, md the same ~s hereby vacated, olosed and abandoned lnsofar as
my right, title or lnterest may be vested in the public as a p~llc
right-or-Way, and the City Council hereby authorizes the t~tle and
interest in and to the above descrlbed tract of land to vest ~n the
North Texas State University, as the abutting owner, for use as part
of Health, Physical Education and Recreatlon Bulldlng and Complex,
and other purposes for the benefit of the University and the public
SECTION III
That the M~or of the C~ty of Denton, Texas is hereby authorized
to s~gn a quit claim deed conveying the above described tract of land
to the State of Texas for the use and benefit of North Texas qtate
University, and sa~d deed will contain a condltlon that ~f Avenue C
is elosed by an attempt of North Texas State University through any
means other than action by the C~ty Co~c~l, the property w~ll revert
to the C~ty of Denton
SECTION IV
That the public ~mportance of this measure and the fact that ~t
is to the best ~nterest of the C~ty and ~ts c~t~zens to close and
abandon as public streets a port~on of Avenue D lylng between Chestnut
~d H~ghland and a port~on of Prairie from Avenue C to Avenue E at the
earliest possible date constitutes and creates an emergency and an
urqent public necessity, and th~s ordinance ~s passed as an emergency
measure, and shall take effect and be ~n full force from and after ~ts
passage
P~SSED and APPROVED this the 12th day of October, A D 1976
ELINOR HUGHES, ~ OR~
CITY OF DENTON, TEXAS
ATTEST~ ~
~K~HOLT, CITY SECP~TARY
ISHAM, CITY ATTORN
-3-
August 28, 1976 tlm~hle~a~
Y6;03
Mayor F]lnor I]ughes F,emde,u s
City of Denton O.,ce
Denton, Texas 76201
Dear IV[ayor Hughes
I should like to propose a settlement offer from North Rexas State
University concerning the present ht~gat~on pending beiween NTSU and the C~b7
of Denton This ht~gatlon ls related to the request fr~m N%$U that the City
close t~vo blocks on Avenu~ D and two blocks on Prairie Street
The offer includes a reimbursement to the City of Denton for cost~
incurred by ~he City of Denton or a contractor employed by the City for per-
forrnxng the fo]loving
1) Moving the necessary portions of electrical t~anslnlsslon l~nes
along Avenue D from Highland to Sycamore and west one block to Avenue F,
utlhzlng the present level of faclht~es and the pre~ent level cf ~erv~ces ~n order
to accommodate the new HPER 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 port~on of the catnpus, to enhance the appear-
ance of that portion of the campus, and to make room for the actual construction
of the HPEi~ Building NTSU wmll pay to the C~ty of Denton $35,000 fol per-
forming this work
2) Construct%ng or reconstructing all electrical, water and se~er hne~
d~sturbed as a result of the proposed closing of the streets and erection of the
HPER Bu~]dkng, such work to be done conculrently with the ~ork on the HI°ER
Building NTSU %vlll pay to the C~ty of Denton $500 for perforn~lng this %vork
3) The C3tF of Denton will install four-way stop signs at the ~ntersectlon
of Avenue C and Chestnut Street In addition, the City will install on Avenne (~
a pedestrxan crosswalk ~tnd necessary s~gns at a location between Chestnut and
Hxghl&nd Street wherever It ls found to be necessary to malntaLn maximum
pedestrian safety and as expeditiously as possible This work w~ll be performed
by the City of Denton at no cost to NTSU
EXHIBIT A
President ~ OfJtce' 4 C 817 78820~6
Au~,us~ 28, 1976
- paFC~ g -
4) The donation, acqu, s]tlon or rcunbursc*nent for acquisition of the
necessaIy ]and (r~ght-of-way) along tile east and west q~dc~ of Avenue L to
xwden that fhoxoughf~re fxom Oak Street to thc 1-35 access road at the sou~h
end of Avenue E Such street ~mprovcmen~ xs necessary ~n oydcI to connect
Avenue E to the 1-35 access road leading from the Avenue D br~dfr across 1-35E
contingent upon thc approval of thc appropriate author~hcs of the C~ty of Denton
NTSU w~]l pay to the C~ of Denton $136,000 for perforn~ng t~s work
5) 7he donation, acquisition or re~mbursemen~ for acquisition of the
necessary r~ght-of-way to w~den Eagle Drive west from Avenue C to 1-35 access
~oad and the proportionate cost of pav~ng and curbing t~t part of Fagle Dr~ve as
may be required to handle an Increased traffic flow NTSU will pay to thc C~
of Denton $65,000 for perlorm~ng ~s work
6) The proportionate cost of ~mp~ ovmg Avenue E (~nclud~ng pa~ng and
curbing) in ordel to better accommodate the flow of traffic NTSU w~ll pay to
the C~ty of Denton $165~ 000 for performing ~s work
All work mentioned in 1/ems 4, 5 and 6 ~s to be co~nple/ed by September 1,
1978
~ NTSU furnishes any of the above-mentioned ~tems, then that amount
wlll be credxted by the C~ against the to~l cash settlement
~ addition to the above-mentioned ~tems, I ahall recommend the follow-
lng resolution to the NTSU Board of ~egents (See a/~ched)
I should hke to recommend to the C~ of Denton that the deed conveying
~e blocks on Avenue D and Prairie Street %o NTSU w~ll contain a condition that if
Avenue C is closed by an attempt of NTSU through any means other than acilon by
the Ci~ Co~c~l, ~en the proper~ described ~n the deed will revert to the C~ty
of Denton
I trust ~at due consideration may be given to th~s offer, that it will be
fo~d acceptable, and the present dispute be~een both parties is resolved
Sincerely,
C C Nolen, Pres2den~
CCN er
RESOLUU ION
Be it Resolved
That the Board of I~egents 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-
lmonal facxhty known as the HPER Bmld~ng, and for the extension and improvement
of Avenue E by said C~ty of Denton, hereby concurs v~th the recommendation of
President Nolen that North Texas State University will not take any action other
than a request to the Cxty Council of the City of Denton, Texas, to close Avenue C
The ~ntent of said recornrnendatlon ~s to permit the said C~ty Council
xts dlscretxon to close Avenue C, but ~f said City Council votes "no", then the
request will terminate and no legal proceeding to close same v~ll be commenced
by North Texas State Umvers~ty
The Board of Regents further xnstructs President Nolen tO thoroughly
study every possible alternatzve related to retaining Avenue C wit}un the North
Texas State Umvers~ty Master Plan