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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
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