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1970-045AN ORDINAI~CE VACATING AND ABANDONING AS A PUBLIC STREET A PORTION OF SYCAMORE STREET LYING BETWEEN AVENUE A AND WELCH STREET~ SAID PORTION BEING FURTHER DESCRIBED THEREIN IN FULL, AFTER FINDING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIP~S ITS CONTINUED EXISTENCE AS A PUBLIC STREET, RETAINING UTILITY AND DRAINAGE RIGHTS THEREIN, AND DECLARING AN EFFECTIVE DATE THE CO%PNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I The City Council hereby finds and determines that the public convenience and n~oess~ty no longer require the continu- ed existence of that certain portion of street described below for general street uses, and that the State of Texas has a greater need therefor, which street port~on is described as follows situated ~n the City of Denton, Texas, to-w~t BEGINNING at a point ~n the south right of way l~ne of Syca- more Street, said point of beginning being the intersection of the south right of way line of Sycamore Street and the west right of way line of Welch Street, THENCE, west with the south right of way l~ne of Sycamore Street, a distance of 500 0 feet to a point for a corner, same being the lntersection of the south right of way lane of Sycamore Street and the east r~ght of way l~ne of Avenue A, THENCE north a distance of 80 0 feet to a point for a corner, same being the intersection of the north right of way line of Sycamore Street and the east right of way l~ne of Avenue A, THENCE east with the north r~ght of way l~ne of Sycamore Street, a distance of 500 0 feet to a point for a corner, same being the ~ntersectlon of the north r~ght of way l~ne of Sycamore Street and the west right of way line of Welch Street, THENCE south a d~stance Qf 80 0 feet to the place of beg~nnang and containing 40,000 0 square feet of land, more or less A~d said above described street portion is hereby vacated and abandoned in so far as any right, title and ~nterest may be veste~ in the p~bllc as a p~blic street, but it as expressly made a part of this ordinance that an all purpose utility and dra~n- age ease~ent is retained by the C~ty of Denton the same as if an easement were granted therefore to the C~ty by the State of Texas, descrSbing ~he exact tract of land herein being vacated and aban- doned~as a public street, with all rights of ingress, egress and regress in, along, upon and across same remaining with the Clty of Denton until such uses there~n are abandoned by the City of Denton by its governing body It is further provided that this ordinance ~s conditioned upon the following, which ~all be a condition subsequent to the enactment hereof, but shall cause th~s ordinance to be null and void upon any breach hereof, to-w~t The utilities and drainage facilities located w~th~n or upon the above described street port~on shall be relocated at the expense of the State of Texas, and as approved and d~rected by the City of Denton through its D~rector of Community Development SECTION II That if any sectlon, subsection, paragraph, sentence, clause, phrase or word ~n th~s ordinance, or application thereof to any person or circumstances, 1s held ~nval~d by any court of competent ]ur~sd~ctlon, such holding shall not affect the valldlty of the rema~nlng portions despite any such in- validity SECTION III That this ordinance shall become effective from and after the ~_ day of ~/~F~m~- , A D 1970, and the City Sec- retary '~s hereby d~reCted to cause the caption of this ordin- ance to be published once in the Denton Record-Chronicle, the official newspaper of the C~ty of Denton, Texas, within ten (10) days of the date of 1ts passage and approval PASSED AND APPROVED this the 24th day of November, A D 1970 ~~ITY S~K~TARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM