1967-039 5079
AN ORDINANCE VACATIN~ CLOSING AND ABANDONING AS A PUBLIC
STREET A PORTION OF AUSTIN AVENUE LYING BETWEEN MCKINNEY
AVENUE AND PARKWAY AS SHOWN ON THE MAP OR PLAT OF SAID AREA
RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS~ SAID
PORTION BEING FURTHER DESCRIBED HEREIN IN FULLy AFTER FIND-
ING THAT THE PUBLIC CONVENIENCE AND NECESSITY NO LONGER RE-
QUIRE ITS CONTINUED EXISTENCE, AND AFTER ASCERTAINING THE
PUBLIC OPINION ON SUCH CLOSING AT A REFERENDUM ELECTION HELD
PRIORI}~RETO, 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 con-
t~nue~ existence of a port,on of Austin Avenue lying between
McK~nney Avenue and Parkway~ in the C~ty of Denton, Denton
County~ Texas~ and described in full as
Ail that certain lot~ tract or parcel of land s~t-
uated in the City of Denton, County of Denton,
~tate of Texas, and being a part of the B B B. &
~.R R Co Survey, conveyed by John R Henry to
R S Ross~ as shown by Deed recorded in Volume C
Page 448 of the Deed Records of Denton County,
Texas~ and particularly described as follows
BEGINNING at the southeast corner of a tract con-
veyed by Frederick Morris to the City of Denton
by deed dated January 24~ 1966 and recorded ~n
Volume 533~ Page 506 of the Deed Records of Denton
County, Texas~ said point be~n~ the intersection
of the north right-of-way line of East McKlnney
and the west right-of-way l~ne of Austin Avenue
(formally Ash Street),
THENCE north 00° 45~ east~ with the west right-of-
way line of Austin Avenue a total distance of 325 20
feet to a point for a corner said point being the
~ortheast corner of Tract 4 conveyed by Brooks
Dalry Company to the City of Denton by deed dated
October 17~ 1966~ and recorded in Volume 543~ Page
145 of Denton County Deed Records,
THENCE south 88° 50~ east, 35.21 feet to a point
for a corner,
THENCE north 00° 45' east, 68 00 feet to a point
for a corner,
THENCE south 88° 50' east 4 79 feet to a point
for a corner in the east r~ght-of-way l~ne of
Austin Avenue,
THENCE south 00° 45' west with the east right-of-
way line of Austin Avenue a total distance of
394 52 feet to a point for a corner~ said point
also being the intersection of the east right-of-
way line of Austin Avenue with the north rIght-of-
way line of East McK~nney Street,
THENCE north 86° 57' west~ 40 05 feet to the place
of beginning and containing 0.306 acres of land,
more or less
And said described tract of land is hereby vacated~ closed
and abandoned in so far as any r~ght, title or interest may
be vested in the public as a public right-of-way, and the City
Council hereby authorizes the t~tle and interest ~n and to the
above described tract of land to vest in the City of Denton~
as the abutting owner~ for use as part of a general Civic
Center project, and other purposes for the benefit of the
publzc
SECTION II.
That if any sectlon~ subsect~on~ paragraph~ sentence~
clause~ phrase or word ~n this ord~nance~ or application there-
of to any person or circumstances, ~s held invalid by any
court of competent ]urlsdlct~on~ such holding shall not affect
the validity of the remaining portions of this ord~nance~ and
the City Council of the Clty of De~ton, Texas~ hereby declares
it would have enacted such remaining portions despite any
such invalidity.
EC ON
That this ordinance shall become effective fourteen (14)
days from the date of its passage~ and the C~ty Secretary ls
hereby directed to cause the caption of th~s ordinance to be
published twice in the Denton Record-Chronlcle~ ~n the
official newspaper of the City of Denton~ Texas~ within ten
(10) days of the date of ~ts passage
PASSED AND APPROVED thls 24th day of October~ A. D 1967
City of Denton, Texas
APPROVED AS TO LEGAL FORM
COUNTY{ 0F D~NTON I
STATf 0F T~
~lS is to cer~l~ ~a~ ~e above ~ a ~e ~d co~ect c~y of Ord~n~ce
No 67.39, passed by ~e Cl~ C=c~i of ~e C~V of Denton on October 24,
1967, ~ ~s receded ~n ~e official mnutes of ~e M~nute Book of
~e C~ of D~ton, Volme No 18, Page 67, ~d f~led ~nlPacket No 4594
~nd~e Off~cl~ recor~ of ~e C~ of Denton ~d ~n Ord~n~ce ~ok No 5,
Page 4)~.~n ~e official recess of the C~ of Denton, State of T~as
~S ~LT, CI~ S~T~Y --
COUN~ p~ DENON
~FO~'~ the undersigned authority l~and ,for sg}d,~ounty,
~~%a~ day personally appeared ;f.~/ ~/~
%~n~gK~ me, to be the person whose name ~s' subscribed ~o' the
, ~r~o~g lnstrument~ and acknowledged to me that he executed
',,~h~ same for the purposes and conszderatmon there~n e~ressed.
GIVEN U~ER MY ~ ~ SE~ OF OFFICE th~s ~ day of
JAOK~i~ QA~YSARION No~P~i~ Denton County, ~Texas
M~ Co~isslon expires June 1~ 1969