2000-028 OP. DINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CLOSiNG A PORTION OF THE
STREET RIGHT-OF-WAY FOR TEXAS STREET IN THE VICINITY OF UNION PACIFIC
RAILROAD'S MILE POST 718 40 - CHOCTAW SUBDIVISION AND THE ACME BRICK
PRIVATE STREET 1N THE VICINITY OF UNION PACIFIC RAILROAD'S MILE POST
72069 - CHOCTAW SUBDIVISION, PROVIDiNG FOR A SAViNGS CLAUSE,
PROVIDING FOR SEVERABILITY, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the C~ty has requested Umon Pacffic Rmlroad Company (LIP) to grant the
C~ty a 70 feet street easement across UP right-of-way at Mile Post (MP) 717 17 - Choctaw
Subdlws~on for the proposed new Nottingham Street crossing, and
WHEREAS, LIP has agreed to grant such easement tf the C~ty would close a portion of
the Texas Street Pdght-of-Way in the wcm~ty ofLlP's MP 718 40 - Choctaw Subd~ws~on and the
Acme Brick Pnvate Street Pdght-of-Way in the mclnlty of LIP's MP 720 69 - Choctaw
Subchv~s;on and pay the cost of constructing the needed improvements for the Nottingham
crossing, and
WHEREAS, the City Council finds that there ~s a safety benefit to the general pubhc ~n
reducing the number of rmlroad crossmgs w~th the C~ty of Denton, and
WHEREAS, the C~ty Council further finds and has determined after careful study and
consideration that ~t is m the pubhc interest for the ehmlnat~on of the rmlroad crossing resulting
from thru street closing, NOW, THEREFORE,
THE COUNCIL OF THE CITY DENTON HEREBY ORDAiNS
SECTION 1 That the port,on of the street right-of-way for Texas Street ~n the Vlclmty of
Umon Pacffic Ratlroad Company's (UP's) M~le Post (MP) 718 40, as described ~n Exhibit "A"
attached hereto and incorporated herem by reference, and the porhon of the Acme Drive Pnvate
Street in the wmmty of LIP's MP 720 69, as described in Exhibit "B" attached hereto and
~ncorporated hereto by reference, both rights-of-way located ~n the Choctaw Subthvmlon, are
hereby closed as public streets
T.~ That the C~ty's interests to the land ~n smd street right-of-way easements
above described are hereby released and the Cxty Manager may execute qmtclmm deeds to
ewdence th~s release *f same ~s requested by the owners of the land to whom these interests shall
revert as prowded by law
SECTION 3 That this ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Denton and such other ordinances shall remmn ~n full force and
effect, save an except as amended by th~s ordinance
SECTION 4 That ~f any sect,on, subsection, paragraph, phrase or prows~ons of th~s
ord, nance,shall be adjudged invalid or held tmconst~tutmnal, the same shall not affect the vahdlty
of th~s orchnance as a whole or any part of prows~ons hereof, other than the part so dec~ded to be
mvahd or unconstatut~onal
SECTION 5 That th~s orchnanee shall become effective lmme&ately upon ~ts passage
and approval
P^SSED , PROVEDthlsthe dayof ,2ooo
JAC~I~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
~PROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
~AUGHERTY
INMAN
OAK~/on'n
ACME
RAILRDAD
PARVIN
MASSEY
I)OT$ON
RICH
CHOCTAW
WAYNE
TEXAS RAILROAD LATTIHORE
CROSSING CLOSED
PflST
OAKTREE
TEXAS
BLACK
TEXAS
TEXAS NEADDW OAK
MAY ~ MAY STRE ~
PAISLEY
w
BARBER LEHRMAN
ULAND
Cit~ of
Right-of- Way