title
Close, Vacate, and Abandon Part of a Public Road and Its Rights-of-Way of Record in Abstracts 469, 541, and 320 (Precinct 2)
end
body
Whereas, the Court finds that the requisites of Texas Transportation Code 251.051 - Closing, Vacating and Abandoning Public Road - have been met in regards to a portion of a Public Road and its right-of-way identified in Volume 2, Page 91 in the Plat Records of Brazoria County, within the Allison Richey Gulf Coast Homes Company Subdivision of the Mary V. O’Donnell Survey, Abstracts 469 and 541, and the Erastus Little Survey, Abstract 320; and
Whereas, a 132.908-acre-parcel out of the Mary V. O’Donnell Survey, Abstract 469, in Brazoria County, Texas, County Clerk’s Document No. 2017-015415 of the Brazoria County Clerk’s Records, and an 84.3040-acre-parcel out of the Allison Richey Gulf Coast Homes Company Subdivision Survey, Abstract 541, and the Erastus Little Survey, Abstract 320 in Brazoria County, Texas, County Clerk’s Document No. 2012-054358 of the Brazoria County Clerk’s Records as are currently divided by certain public rights-of-way; and
Whereas, Ashton Houston Residential, LLC, and Granite Oak Crest, LLC, are the current owners of the tracts of land that abut said public rights-of-way, in the Mary V. O’Donnell Survey, Abstract 469, Brazoria County, Texas being that certain 132.908-acre-parcel out of the Mary V. O’Donnell Survey, Abstract 469, in Brazoria County, Texas, County Clerk’s Document No. 2017-015415 of the Brazoria County Clerk’s Records, and that certain 84.3040-acre-parcel out of the Allison Richey Gulf Coast Homes Company Subdivision Survey, Abstract 541, and the Erastus Little Survey, Abstract 320 in Brazoria County, Texas, County Clerk’s Document No. 2012-054358 of the Brazoria County Clerk’s Records, Brazoria County, Texas; and
Whereas, a portion of the rights-of-way cross Mustang Bayou, which is maintained by Brazoria County Drainage District No. 4; and
Whereas, Ashton Houston Residential, LLC has submitted a written request for the abandonment of the 40’ rights-of-way;
Whereas, Granite Oak Crest, LLC purchased the property from Manvel BDC Limited Partnership, which ratified and confirmed the Abbreviated Replat of Oak Crest of Manvel filed under County Clerk’s Document No. 2002-066882 of the Brazoria County Clerk’s Records, Brazoria County, Texas. The Abbreviated Replat of Oak Crest of Manvel, approved by the City of Manvel, abandoned the 20’ of the 40’ right-of-way abutting the Granite Oak Crest, LLC property; and
Whereas, the 40’ in width public rights-of-way are not being used for access to any adjoining properties; and
Whereas, the Court finds that no apparent public interest would be served by retaining the portion of the public road and its right-of-way; and
Whereas, the Court finds that this conveyance is subject to the continued use by any public utility or common carrier of utility infrastructure as set forth in Texas Transportation Code Section 251.058(f) located in the road rights-of-way and in existence prior to the date this Order is approved; and
Pursuant to Texas Transportation Code, Section 251.058 - Closing, Abandoning, and Vacating Public Road - title to part of a Public road and its rights-of-way, shall vest on this date to the owners of the following property that abuts the portion public rights-of-way being closed, abandoned, and vacated:
|
Property Owner |
Recorded Deed |
|
Ashton Houston Residential, LLC |
2017-015415 |
|
|
|
|
Granite Oak Crest, LLC |
2012-054358 |
|
|
|
|
|
|
|
Brazoria County Drainage District No.4 |
Mustang Bayou |
The Section and or Dimensions being granted and conveyed to each property owner shall be the portion of the public rights-of-way that abuts the respective property owner’s property to the center of the road. See Exhibit “A”.
The County ratifies and confirms the Abbreviated Replat of Oak Crest of Manvel, which abandoned the 20’ of the 40’ right-of-way abutting Granite Oak Crest, LLC’s property. For avoidance of doubt, this abandonment does not convey any additional right-of-way to Granite Oak Crest, LLC.
The County, as Grantor, hereby grants and conveys unto the respective property owner(s) as Grantee(s), the respective section that abuts the current part of a public rights-of-way as set forth on the attached Exhibit “A”.
Pursuant to Texas Transportation Code, Section 251.058(b), the County Clerk is hereby ordered to file a copy of this Order in the Official Records of Brazoria County along with Exhibit “A”. This document shall serve as the official instrument of conveyance from the County to the owner(s) of the abutting property identified above.
Further Ordered that a copy of this order be sent to the County Engineering Department.