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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