Travis County Commssioners Court
December 16, 2003
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Item 17
17. Approve the total cancellation of a plat recorded in precinct three: wooded oaks - (cancellation of lots 1- 13, inclusive, all of dever cove, and platted drainage easements - city of Austin etj). My agenda language is that way and I got it from the county attorney, I believe. But there is some -- there is some agenda language [indiscernible] public hearing. The language in the agenda is sufficient, I think.
>> that's right. What was put in your packet was the backup that accompanied the January 21st, 2003 agenda at which time there was a public hearing.
>> okay.
>> that is the same action that is on today's agenda to be rescinded. So basically you -- what happened, there was a document that the county clerk typically signs and attaches to the action that goes to the city. That document was inadvertently omitted from what was filed. Between then and now the applicant has come back and said, I want to null and void all of the action that you took in January.
>> January we vacated.
>> that's right.
>> so what this action does, I know this sounds complicated, basically to take back what you did in January. That's probably not the legal word for it.
>> the word you said that makes me need to speak up is you said something was filed.
>> no it was not filed.
>> okay. Nothing was ever filed with the county clerk regarding this cancellation.
>> I don't think it was formally recorded. I know when we do a vacation instrument. Especially if its in anyone's e.t.j., We have an acknowledgment page that goes to the back that the court clerk signs, it says,, you know,, I acknowledge on this date the Commissioners court took this action on this class. That whatever vacation instrument or cancellation instrument there is, that goes on the back of it. And what I understood to -- what I understand to be the case is that acknowledgment form never made it, was included by the city when they went to go record it.
>> there was no execution of the document that -- that got done what we did in court?
>> that's why it is not of record. That document is not of record at the county clerk's office. Okay. Good.
>> from what I understand.
>> that would make sense because the clerk wouldn't record it without both of those approvals and the county approval was not shown on there.
>> if we do the cancellation, it will be recorded, right?
>> today.
>> on the agenda today?
>> uh-huh.
>> well, you approved the cancellation.
>> the cancellation is today. We vacated back in January, right?
>> I don't know that there's any difference between cancel and vacate.
>> what's the -- what the property owner wants to do is get ownership rights back to a tract of land to convert it to commercial zoning. It was not that, right.
>> more serious than my outstanding was he wanted you all to rescind your previous action.
>> right.
>> okay.
>> vacate it. Previous action intended to vacate?
>> cancel and vacate are often used interchangeably. We got a plat that was recorded, now they are --
>> you just want to rescind what you did earlier. I used the word rescind last week by the way.
>> rezipped is a better word.
>> I will second whatever will make this go away.
>> move that we cancel and/or rescind as appropriate. [laughter] the action taken on wooded oak, the specific action on item no. 17. Seconded by chawrt. Any more discussion? Now the order that we signed will be carefully reviewed by the county attorney before being executed by this court or the county judge [laughter] is that part of the motion? All in favor. That passes by unanimous vote.
Last Modified: Tuesday, December 17, 2003 6:46 AM