| 18 | 16 | | a public road or portion of a public road that is closed, abandoned, |
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| 19 | 17 | | and vacated to the center line of the road vests on the date the |
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| 20 | 18 | | order is signed by the county judge in the owner of the property |
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| 21 | 19 | | that abuts the portion of the road being closed, abandoned, and |
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| 22 | 20 | | vacated. A copy of the order shall be filed in the deed records of |
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| 23 | 21 | | the county and serves as the official instrument of conveyance from |
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| 24 | 22 | | the county to the owner of the abutting property. The order shall: |
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| 25 | 23 | | (1) include the name of each property owner who |
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| 26 | 24 | | receives a conveyance under this section; |
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| 27 | 25 | | (2) include the dimensions of the property being |
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| 28 | 26 | | conveyed to each property owner; |
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| 29 | 27 | | (3) be indexed in the deed records of the county in a |
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| 30 | 28 | | manner that describes: |
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| 31 | 29 | | (A) the county conveying the property as grantor; |
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| 32 | 30 | | and |
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| 33 | 31 | | (B) the property owner receiving the conveyance |
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| 34 | 32 | | as grantee; and |
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| 35 | 33 | | (4) if a public utility or common carrier that has the |
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| 36 | 34 | | right of eminent domain is using the property being conveyed for a |
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| 37 | 35 | | right-of-way or easement purpose, state that the title to the |
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| 38 | 36 | | property is subject to the right-of-way or easement and the |
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| 39 | 37 | | continued use by the public utility or common carrier of utility |
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| 40 | 38 | | infrastructure in existence on the date the order is signed. |
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| 41 | | - | (b-2) Subsection (b-3) applies only to a county road that: |
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| 42 | | - | (1) is located wholly or partly outside the corporate |
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| 43 | | - | limits of a municipality; and |
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| 44 | | - | (2) abuts single family residential lots in a planned |
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| 45 | | - | residential subdivision that is located wholly in the corporate |
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| 46 | | - | limits of a municipality. |
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| 47 | | - | (b-3) Notwithstanding Subsection (b), a commissioners court |
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| 48 | | - | that closes, abandons, or vacates a county road to which this |
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| 49 | | - | subsection applies: |
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| 50 | | - | (1) is not required to comply with the procedure |
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| 39 | + | (b-2) Notwithstanding Subsection (b), a commissioners court |
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| 40 | + | that closes, abandons, or vacates a public road that abuts an |
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| 41 | + | existing single family residential lot in a planned residential |
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| 42 | + | subdivision located wholly in the corporate limits of a |
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| 43 | + | municipality is not required to comply with the procedure |
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| 52 | | - | that conveying the county road to any abutting property's owner |
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| 53 | | - | will create a public nuisance or safety hazard; and |
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| 54 | | - | (2) on a finding described by Subdivision (1), may: |
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| 55 | | - | (A) petition the municipality to annex the county |
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| 56 | | - | road; or |
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| 57 | | - | (B) use the county road for any permissible |
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| 58 | | - | purpose not related to motorized vehicle traffic, including as a |
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| 59 | | - | hiking and biking trail. |
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| 45 | + | that conveying the property to any abutting property's owner will |
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| 46 | + | create a public nuisance or safety hazard. |
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