DEDICATION OF PUBLIC INTEREST IN ROAD OR RIGHT-OF-WAY



Notes:

For un-platted roads that one or more persons want to have accepted for county maintenance, you would use this form. Each property owner the road will cross or abut will need to sign a dedication form. When all affected property owners have signed and filed a dedication the Commissioners Court may accept the dedications and assume maintenance of the road by use of this form if the Commissioners Court is satisfied that the road will serve a public purpose, as opposed to a strictly private benefit. I would recommend that as a precondition for acceptance that the landowners desiring the road actually construct the original road, or bring an existing road up to County standards, before the County accepts the road for permanent maintenance.

If the roads are in a subdivision approved by the Commissioners Court, and the plat contains a dedication of the roads in the subdivision to public use as roads, the Court can rely on the dedication in the plat and accept the dedication upon a petition by eight or more property owners seeking to add a road to the county maintenance system.

AGENDA ITEM FOR

ACCEPTANCE OF DEDICATED ROAD

The Commissioners Court of Lamar County, Texas, after due notice as required by law, will convene on the __(Day)__ of __(Month)__, __(Year)__, to take up for consideration and possible action, including the acceptance of that certain road identified within a dedication of Public Interest in Road or Right-of-Way, as filed of record in Vol. ___, Page ___ of the Deed Records of Lamar County, Texas.

IN THE COMMISSIONERS COURT

OF

LAMAR COUNTY, TEXAS

DEDICATION OF PUBLIC INTEREST IN ROAD OR RIGHT-OF-WAY

STATE OF TEXAS §

§ KNOW ALL BY THESE PRESENTS

COUNTY OF LAMAR §

TO THE COMMISSIONERS COURT OF LAMAR COUNTY, TEXAS:

Date:

GRANTOR: (Insert name of each property owner upon whose land the road will be situated)

GRANTOR’S MAILING ADDRESS: (Insert mailing address of each Property owner)

PROPERTY DESCRIPTION: Described on Attached Exhibit A.

(Attach a description of the property over which the road will run. This is description usually includes the entire tract of the so-called servient estate. It is better to describe the entire existing tract, so that in later years, if subdivided, there is no question that the entire tract is servient to the road.)

DESCRIPTION OF ROAD OR RIGHT-OF-WAY: Described on Attached Exhibit B

(Attach at a minimum a description of the centerline, and dimensions on either side of right-of-way centerline, or if available, a description of the entire road in metes and bounds for the entire route, from beginning to end.)

GRANTOR, the owner of the real property described herein in Exhibit A, pursuant to Texas Transportation Code, §281.001, et seq., has granted and dedicated and does hereby grant and dedicate to the County of Lamar for public use as a road and right-of-way situated the described property for the purpose of access and travel, over, through and across same by the public in general, but for no other purpose, a road right-of-way as more specifically described in Exhibit B, said road and right-of-way being fifteen feet (15) on each side of the centerline for the roadway surface of thirty feet (30) and thirty (30) on each side of the centerline for the entire right-of-way, being a total right-of-way width of sixty feet (60) according to the description or route of the road and right-of-way described herein. Grantor acknowledges that an irrevocable pubic interest in the road and right-of-way will be acquired by the Commissioners Court’s acceptance hereof and recording of same in the minutes of said Court and the Deed Records of Lamar County. Grantor hereby waives personal and written notice of the said Commissioner’s Court action with respect to this Dedication.

_________________________________________ GRANTOR,

ACKNOWLEGMENT

STATE OF TEXAS

COUNTY OF LAMAR

BEFORE ME, the undersigned authority, on this date personally appeared ________________________, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration expressed, and in the capacity stated.

Given under my hand and seal of office on this ______ day of _______________, 2_______.

___________________________________

Notary Public, State of Texas

IN THE COMMISSIONERS COURT

OF

LAMAR COUNTY, TEXAS

ORDER OF ACCEPTANCE OF DEDICATION OF ROAD AND RIGHT-OF-WAY

WHEREAS, the above an foregoing Dedication of Public Interest in Road or Right-of-Way, having been duly presented to the Commissioners’ Court of Lamar County, Texas; and

WHEREAS, the Commissioners Court of Lamar County, Texas, acting in its official function as established by Article V, Section 18 of the Texas Constitution, and Chapter 251 of the Texas Transportation Code, hereby determines and makes a specific finding that the dedication of a public interest in a road or right-of-way in the location described in the dedication at issue, will serve a public purpose and will benefit the people of Lamar County, Texas, and

WHEREAS, it would be in the best interest of Lamar County, and the citizens thereof, to accept said dedication; and

WHEREAS, acceptance of said dedication would vest a public interest by dedication in and upon said road and right-of-way as of the _____ day of ____________, ________ a.d.

THEREFORE, Be It Resolved, that the undersigned members of the Commissioners Court of Lamar County, Texas, acting pursuant to authority vested by law in said Court, does hereby accept the above and foregoing Dedication of Public Interest in Road or right-of-way on behalf of and ad the act and deed of Lamar County. Texas.

IT IS FURTHER Resolved and Ordered that the original Dedication, and this Resolution and Order of Acceptance of said Dedication, be filed in the Deed Records of Lamar County, Texas, and in the Minutes of the Commissioners Court of said county, and public evidence of the said dedication and acceptance by way of this Order.

IT IS FURTHER Resolved and Ordered that a map of the road described in this Order be prepared in inserted into the Lamar County Road Map, as filed of record in the Minutes of the Commissioners Court of Lamar County, Texas.

DATE:

______________________________________-

County Judge

______________________________ ___________________________________

Commissioner, Precinct #1 Commissioner, Precinct #2

______________________________ ___________________________________

Commissioner, Precinct #3 Commissioner, Precinct #4

ATTEST:

____________________________________

County Clerk, Lamar County, Texas

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