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Close, Vacate, and Abandon Part of a Public Road and Its Rights-of-Way of Record in Abstract 280 (Precinct 4)
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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 7, Page 23 in the Plat Records of Brazoria County, within the Braebend Estates Subdivision of the H.T & B.R.R. Co Survey, Abstract 280; and
Whereas, a 1.26 acre-parcel out of the H.T & B.R.R. Co Survey, Abstract 280, in Brazoria County, Texas, County Clerk’s Document Nos. 2016056700, 2022040491, and 2024016939 of the Brazoria County Clerk’s Records, includes Lots 13, 27, 54, and 53, Blocks 15 and 18, recorded in Volume 7, Page 23 of the Plat Records of Brazoria County, as are currently divided by certain public rights-of-way; and
Whereas, Michael Phillips, Patricia Lynn Phillips, and John B. Benkenstein, the current owners of the tracts of land that abut said public rights-of-way, in the Braebend Estates Subdivision, Abstract 280, Brazoria County, Texas being that certain Lots 13, 27, 54, and 53, Blocks 15 and 18, according to map or plat thereof recorded in Volume 7, Page 23, Plat Records, Brazoria County, Texas; and
Whereas, each of the above owners has submitted written requests for the abandonment of the 60’ rights-of-way located between the tracts; and
Whereas, the 60’ 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
Michael Phillips 2016056700
2022040491
John B. Benkenstein 2022040491
Patricia Lynn Phillips 2024016939
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, as Grantor, hereby grants and conveys unto the respective property owner(s) as Grantee(s), the(their) 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.