Travis County Commissioners Court
August 3, 2004
Item 17
17. Consider and take appropriate action regarding a plat for recording in precinct three: resubdivision of lots 1 and 2, gomillion's subdivision (revised plat - 3 lots - 4.3318 acres - stonebridge road - no fiscal required - sewage service to be provided by onsite wastewater facility - city of Austin e.t.j.
>> carol joseph, t.n.r. When this came in last week, there were no deed restrictions noted on the property plat. Since that time, we found that there were deed restrictions in 1946. However, it only refers to the subdivision and what the court's rights are. If within the subdivision you determine that there does not interfere with the established rights of anyone, within the subdivision, within that subdivision there's only two people, mr. Gomillion and mr. Shiller. Mr. Shiller has said he has no objections to the resubdivision of this particular plat. Based on the county attorney's advice, we agree.
>> who was in court last week in opposition?
>> I don't remember the gentleman's name. I thought I wrote it down. But he was -- mr. Mcintyre.
>> is mr. Mcintyre here today?
>> no, sir.
>> so we chalt chatted with mr. Mac tire? You didn't? Well the staff did, they have gotten all the information out of mr. Mcintyre.
>> mr. Mcintyre thought he had --
>> rights.
>> -- deed restrictions that were contrary to what we were about to do.
>> that's correct.
>> and we asked mr. Mcintyre to ask them what they were, show them to us, did he do that?
>> he showed us where there were deed restrictions in the original plat, but there aren't any that will affect him adversely.
>> so our finding is that there's nothing in the deed restrictions that would -- that are contrary to this action. Is that what I’m hearing?
>> our finding is that all of the people that are entitled to come to you and say I object to this because of deed restrictions, they have basically chosen not to do that. They are all consenting to it. The difference is the people inside the subdivision, since the county originally approved the subdivision, the people inside the subdivision can come to you, if someone wants to change the subdivision, and say don't approve that if it violates the deed restrictions. In this case, all of the owners of land in the subdivision have consented to this replat. Now, someone outside the subdivision, they may be able to go enforce those deed restrictions, but they have to go do it in district court. They can't come to you and ask you to do it. You are limited to looking at the people in this subdivision -- did people in this subdivision consent to replat or not.
>> limited by what.
>> statute.
>> mr. Mcintyre basically is not a resident of the subdivision.
>> right.
>> okay.
>> judge, I would --
>> would that mean that anybody within -- if I’m understanding you correctly, tom -- anybody that actually resides within the subdivision itself, if they oppose any replatting within that subdivision, then the deed restrictions that are accomplished would be something that we have to uphold?
>> yes.
>> okay.
>> okay.
>> outside -- outside of that, if those deed restrictions need to be looked at and enforced, it would have to be done outside of the body of the Travis County Commissioners court.
>> yes.
>> okay.
>> second.
>> any more discussion?
>> t.n.r.'s recommend addition that be approved -- move approval.
>> seconded by Commissioner Sonleitner. Any more discussion? All in favor? That passes by unanimous vote.
>> thanks, y'all.
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Last Modified:
Friday, October 28, 2005 9:18 AM