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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