1974-002AN ORDINANCE VACATING AND ABANDONING AS A PUBLIC STREET A CERTAIN
PORTION IOF CENTRAL AVENUE LYING BETWEEN HIGHLAND STREET ON THE
NORTH AND MAPLE AVENUE ON THE SOUTH, SAID PORTION BEING FURTHER
DESCRIBED THEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVEN-
IENCE AND NECESSITY NO LONGER REQUIRES ITS CONTINUED EXISTENCE AS
A PUBLIC STREET, RETAINING CERTAIN UTILITY, DRAINAGE, AND REVER-
SIONARY 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 that certain portion of street described below for general street
use, and that continued use as a public street would add to an al-
ready onerous burden of traffic regulation and parking control now
burdening property owners adjacent to this portion of street, which
street portion is described as follows S~tuated in the C~ty of
Denton, Texas, to-wlt~
Ail that certain lot, tract or parcel of land lying and being sit-
uated in the City/County of Denton, State of Texas, and being part
of the E Puchalskl S%lrvey, Abstract No 993, and being part of
College~Addltlon, an addition to the City/County of Denton, as re-
corded ~n Volume 44, Page 600 of the Deed Records of Denton County,
Texas, and more particularly described as follows
BEGINNING at the intersection of the south r~ght of way line of
Highland Street and the east right of way line of Central Avenue
said point of beginning also being the northwest corner of a tract
of land conveyed from Mrs Velma Crout, and husband to A A Crout
to D S Carpenter, et al by deed dated February 18, 1937 and re-
corded in Volume 267, Page 635 of the Deed Records of Denton County,
Texas,
THENCE south along the east right of way line of Central Avenue, a
distance of 320 0 feet to a point for a corner, same being the in-
tersection of the east right of way line of Central Avenue and the
north rzght of way line of Maple Street,
THENCE West a distance of 40 0 feet to a point for a corner, same
being the intersection of the west r~ght of way line of Central
Avenue and the north right of way lane of Maple Street, /
THENCE ~orth along the west right of way line of Central Avenue a
distance of 320 0 feet to a point for a corner, same being the in-
tersection of the west right of way line of Central Avenue and the
south right of way line of Highland Street,
THENCE east a distance of 40 0 feet to the place of beginning and
containing 12,800 square feet of land, more or less
PROVIDED, that said above described street portion ~s hereby
vacated and abandoned in so far as any right, title 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 ease-
ment is retained by the C~ty of Denton as more particularly described
in a Quit Claim Deed dated even herewith, naming the Crantee of land
abutting said street portion, the same as if an easement were granted
therefore to the City by the said abutting owner describing the exact
tract of land reserved, retained and excepted therein, with all rights,
of ingress, egress and regress in, along, upon and across same remain-
lng with the City of Denton, its successors and assigns
PROVIDED FURTHER, that said street portion has been vacated and
abandoned as to the public right, title and interest as a public
street for the use and benefit of the abutting property owner speci-
fically for the purpose of carrying on a facility for public religious
worship only, and whenever such a facility of religious public worship
shall cease to be carried on upon or ad3acent to such premises, then
and there, the vacation and abandonment of such public right, title
and interest heretofore described shall become null and void and the
said land and premises shall absolutely revert without any necessity
for suit or re-entry to the City herein, its successors or assigns,
all of which is more particularly described in a Quit Claim Deed dated
even herewith
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 Furls-
diction, such holding shall not affect the validity of the remaining
portions ~esplte any such invalidity
SECTION III
This this ordinance shall become effective from and after the
date of its passage, and the City Secretary is hereby directed to
cause t~e 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 J~.. day of January, A D 1974
CITY OF DENTON, TEXA~
ATTEST
BRO6KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
W' RALPH M~, CITY ATTORNEY
CITY OF DENTON, TEXAS