j-----, ~~ ~, 563 VOLu 291 PgGE 329 R6RR COONTT 3080IYISION "RIDLSa AND RBOOLATION$" JANUART..1!!4 FAILED FOR RECORD x4..2.::..3 s...o'clak ~:.lY~ JAiJ 231?~4 .~~y,~P~,A,T~RICIA DYE ~. ~ ~, w. VOL` 291 PAGe 330 ORDER t~O, 15296 j APPROVAL OF PROPOSED SUBDIVISION RULES AND REGULATIONS FOR KERR COUNTY, TEXAS TO BECOME EFFECTIVE JANUARY 1st, 1984 On this the 19th day of December 1983, upon motion made by I, Commissioner Nolland, seconded by Commissioner Guthrie, the Court unanimously approved the Proposed Subdivision Rules and Regulations for Kerr County, Texas, to become effective January 1st, 1984. --.-, r----~ z VQ'~ 291 PAGE 331 CONTENTS Page Section i General Provisioro 1 Section I! Purpose 1 Section ill Defin[tloro 1 Section iV Applicability Et Enforcement 4 Sect[on V Yarianees 4 Section VI Developers Respons[bility toe Costa 5 Section VII Plat Peocedure S 7.01 Preliminary Conference S 4.02 Preliminary Plat end Data 5 7.09 Final Plet 7 7.04 Plat Revision or Cencelletion 10 Section Vlll Subdivision Standards it 8.01 General 11 8,02 Streets I1 8.03 Easements 13 8.04 Water Installations 13 8.05 Wastewater Disposal 13 8.06 Utility Lines 13 8.07 Monuments 13 6.08 Drainage 13 Section IX Roed Specifications 15 9.01 Cleaving IS 9.02 Grading IS 9.03 Ditches 15 9.04 Culverts 15 9.05 Sideeoad or Entrance Culverts IS 9.06 Bridges 15 9.07 Overflow Sect[ong 15 9.08 Base IB 9.09 Prime Coat 14 9.10 Surface Treatment 1T 9.11 Curbed Streets 18 9.12 Shoulders 18 9.13 Cattlt Guards 18 9.14 Typical Street 3ectlons 19 Seetlon X Inspections end Acceptance 20 Section XI Guarantee of Performance 20 Section XII Miscellaneous Provisions 21 Appendix A Owners Acknowledgment 22 Appendix B Certitlcations 23 Appendix C Certification by County 24 Appendix D County Clerk's Recording Acknowledgment 25 Appendix E Performance Bond Foam 26 Appendix F Trust Agreement in Lieu of Performance Bond 27 Appendix G Maintenance Bond 30 RULES AND REGULATIONS ypt;291 PAGE 332 ReguUtiag the Filing for Record of Subdivision Plata and Bstablishing Coasttuotta+ Standards and Other Requirements Pertinent thereto for aR 8ubdivisian Situated Outside the Jurisdiction of an Incorporated Town or City in Kerr County, Texas, end Subject to the Jurisdiction of the Commissioners Court of Kerr County. Texas. TH6 STATE OF TEXAS COUNTY OF KERR It u ordered by the Commisalonara Court oI Kerr County, Texas, on this 18th day of Oeoember, 1983 that effective January 1, 1984, the toUowing Rules and Regulations be adopted listing requirements precedent to the acceptance of plats of subdivisions for filing for record in Kere County, Texas, Section 1 GENERAL PROVISIONS The owner or owners of any tract of land situated in Kerr County outside the corporate limits or extraterritorialjurisdlction of any incorporated oily, who may hereafter divide the same, ezeluding land for agricultural use, in two (2) oe more parts for the purpose of laying out any subdivision of any such tract of land, or tot laying out suburban lots or building lots, streets, alleys. parks, oe other portions intended for public use, for the use of purchasers or owners o[ lots In any such tract of land, must comply with the following rules and regulations. Condominium Projects of more than tour (4) units shall be platted and tiled and otherwise comply with the provisions of V.A.T.S. Art. 1301x. Section ll PURPOSE OF REGULATION The purpose of tRla Regulation is to provide for the orderly. sste and healthful growth of the undeveloped arses within the County and to promote the health, safety, morels and general welfare of the community. Section ill OEF1N1Ti0NS For the purposes of this Regulation, the following terms, phrases, words and their derivations shall have the meaning ascribed to them in this section: 3.01 Alley: A minor public rightrot-way not Intended to provide the primary means of the access to abutting lots, which is used for vehicular service access to the back oe sides of properties otherwise abutting on a street. -1- - -%~ ' VOL: 291 PAGE 333 3.0E Condominium Protect: A plan or project whereby tour (4) or more apartments, rooms, office spaces, or other units In existing or proposed buildings or structures are offered or proposed to be offered for sale. 5.05 Condominium: The separate ownership of single units or apartments Ina multiple unit structure or In structures with common elements. 5.04 County: Kerr County, Texas 5.05 Cul-de-sac: A street having Dut one entrance, end terminating st the opposite end by a vehicular rum-around. entrance. 5.08 Dead-end Street: A street with only one 3.07 Lot: An undivided tract or parcel of tend having frontage on a publio street end which is, or in the future .may be offered for sate, conveyance, transfer or improvement; which is designated as a distinct and separate tract, and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly tiled of record. 3.08 Monument: A permanent concrete survey marker. 3.09 Pavement Width: The portion of a street available for vehicular tra[tie; where curbs are Iaid, it is the portion between the face of curbs, 5.10 Person: Any individual, association, firm, corporation, governmental agency. or political subdivision. 3.11 Shall, May: The word "shall" is always mandatory. The word "may" Is merely directory. S.tE Plat: A complete and exact plan for the subdivision oP a 4ract of land Ineo lots for building purposes, which, it approved, may be submitted to the County Clerk Lor recording. 5.15 Right of Wey (ROW): The area within the outermost boundaries of a street or road Including the area for s constructed watercourse or dra[nage ditch. 5.14 Street: A ROW, however designated, which provides vehicular access to adjacent land. 3.14.A A "primary street" provides vehiculae thoroughfare to various sections of the County end Is so Included in the County Master Road and Traffio Plan. thoroughfare within a subdivision. !or access to abutting residential property, 5.14.8 A "secondary street" is a principal 3.14.C A "minor street" is one used primarily ---4-- • VOL; 291 PAGE 334 • 5.15 Davelopae: Any person or any agent thereof, dividing or proposing to divide lend se as to constitute a subdivision as that term is defined herein. 5.18 Subdivision: A division of any tract of land in two or won parts toe the purpose of laying out any subdivision of any tract of land or for laying out suburban lots or building lob, or any lots, where the lots will be or in the future may be offered for axle, conveyance, transfer, or improvement, and streets, alleys, or parts or other portions intended for puDUc use or the use of purchasers or owners o[ tots fronting tfiereon or adjacent thereto. SubWivision includes re-subdivision, but it does not include the division of land for agricultural purposes, 5.17 Surveyor: A licensed State Land Surveyor or Registered Public Surveyor, es authorized by the State statutes to practice the profession of surveying, 5.19 Utility Easement: An Interest in land granted to the PuDlla generally and/or to a private utility eorporatlon, for Installing or maintaining utilities across over and under private land, together with the right to enter thereon with machinery and vehtoles neeeasary for the maintenance of acid utilities. 5.19 Any office refereed to in the Regulation by title means the person employed or appointed by the County in that position, or his duly authorised representative. 5.20 Definitions not expressly prescribed herein are to be construed in accordsnce with customary usage in governmental planning and engineering practices. ..y.. -~ Section IV VOL 291 PAGE 335 APPWCABILITY AND ENFORCEMENT 4.01 No plat shall be filed for record in Kerr County un-eas 4he standards contained or eeterred to herein, where applicable, have been complied with In full. 4.02 in behalf of the County, the County Attorney shell. when directed by the Commissioners Court, institute appropriate action in a court o[ competent Jurisdiction to enforce the provisions of this Regulation or the standards referred to herein with respect to any violation thereof which occurs within the County, 4.09 If any subdivision exists for which a [ina- p-at has not been approved or In which the standards•contained or referred to herein have not been complied with in full, the County Commissioners shall pass a resolution reciting the tact of such noncompliance or failure to secure final plat approval, and reciting the tact that the provisions of paragraphs 4.01 and 4.02 of this section wilt apply to the subdivision and the lots therein, the County Clerk shall, when directed by the Commissioners' Court, cause a certified copy of such eesolution under the corporate seal of the County to be filed in the Deed Records of Kerr County. If full compliance and tinal plat approval are secured after the filing of such resolution, the County Clerk shall forthwith file an instrument in the Deed Records of such county stating that paragraphs 4.01 and 4.02 no longer apply. 4.04 Provided, however, that the provisions of this section shall not apply to any lots upon which the last recorded conveyance, prior to passage of these regulations,. was by metes and bounds, and/or any subdivision, or lot therein, recorded or unrecorded, which was in existence or in process of development prior to the passage of these regulations, Section V VARIANCES The Commissioners' Court may authorize s variance from these regulations when in Its opinion, undue hardship will result from requiring strict compliance, In granting a variance, the Court shall prescribe only conditions that it deems necessary ta, or desirable in, the public interest. In making the findings hereinbelow required, the Court shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, end the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the Court finds: 5.01 That there ere special circumstances or conditions affecting tfie tend involved such that the strict application o[ the provisions of this Regulation would deprive the applicant of the reasonable use of his land; and 5.02 That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and -4- VOL; 2s1 PAGE 336 5A>1 That the granting of the variance will not be detrimengl to tM publio health, wtety or weliara, or injurious to other property in the area; and 5.04 That the granting of the variance will not have the effect of pptrsveMing the orderly subdivis[on of other land to the area In accordance with the peovisiena of the Regulation. Such findings of the Court together with the specific !sets upon whleh sash findings are Daaod shall be Incorporated Into the official minutes of the Comm{ssipnera• Court meeting at which such variance la granted. Variances may be granted only when in harmony with the geneeal purpose and intent of this Regulation so that the publio health, safety and welfare may be secured and substantial justice done. Pecuniary hardship to the aubdivldae, standing atone, shall not be deemed to constitute undue haedship. ' Seotion VI DBYBLOPBRS RESPONSIBILITY FOR CO3T3 The responsibility for atl costs of the improvements as required by the Regulation ahaU ~bs borne by the developer. Section VII PLAT PROCEDURE 7.01 Preliminary Conference Peior to oftiatal tiling of a preliminary plat, the developer shall oonault with and present a preliminary plan in sketch form to the County Commiaalonera' Court, the Uppee Guadalupe River Authority (UGRA), and the responsible utility eompenies. The Commissioners' Court will review the preliminary plan and program snd will advise the subdivider on the procedure, specification, end standards required by the County for the subdivision of land. 7.02 Preliminary Plat and Data T.02.A General: The developer shall cause to be prepared a preliminary plat by a licensed engineer or eegistered public surveyor in accordance with these regulations and those adopted by the UGRA. 7.02.8 Fees: Any preliminary plat shell be accompanied Dy a tiling tee of fifty dollars (550.00). No action shall be taken by the Commissioners' Court until the tiling tees have been paid. This tee la not refundable should the developer tail to make formal application for plat approval or should the plat be disapproved, 7.02.C Copies required: 'The developer shall submit ten (30) prints of the plat to the Commissioners' Court, ~~ / ~--\ ~~ %_~. V()l!291 PAGE 337 7.02.D Form and Content: The plat shall be drawn on sheets twenty-one inches (21") wide and twenty-six inches (26") long, with margins of not fear than three-eighths inch (318"). The plat shall be drawn to a scale of not more than two hundred feet (2000 to one Inch (1"). When more than one sheet is necessary to accommodate the entire area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plat, The plat shall accurately describe all of said subdivision or addition by metes and Dounds and locate the same with respect to an original patent survey corner of which [t is a part. The plat shall show the following: the developer, record owner, and engineer. 7.02.D.1 Names and addresses o[ 7.02.D.2 Proposed name of the subdivision, which shaft not have the same spelling as, or be pronounced similar to the name of any other subdivision located within the County. 7.02.D.3 Names o[ contiguous subdivisions and/or indication of whether or not contiguous properties are platted, School District tines are 4o be indicated, or the district within which the subdivision is situated will be stated. 7.02.D.4 Subd[vision twwidary lines, indicated by heavy lines, and the approximate acreage of the subdivision. 7.02.D,5 Existing sites as follows: 7.02.D.S.e. The location, dimensions, name and description of alt existing or recorded streets, alleys, reservations, easements or other rights-ot-way within the subdivision. Intersecting, or contiguous with its boundaries or forming such boundaries. 7.02.D.S,b The location, dimensions, description and name of all existing or recorded residential lots, perks, public areas, and other sites within or contiguous with the subdivision. 7.02.D.8 The location, dimensions, description and name of all proposed streets, alleys, parks, other public areas, reservation, easements or other rights-ot-way. blocks, lots end other sites within the subdivision. of plat end north arrow. T.02.D.7 Date of preparation, scale 7.02.D.8 Topographical Information shall include contour lines one basis of five (5) vertical feet in terrain with an average slope of five per cent (5%) or more, and on a basis of two (2) vertical feet in terrain with en average slope of less than five per cent (S%), one hundred (100) year flood elevatioon tine, if appUcable, es determined from the Kerr County Flood Insurance Rate Map (FIRM), or es pcovided by the Kerr County Flood Plain Administration (UGRA). 7.02.D.9 A number or ]after to identity each lot or site end each block. Lot lines should be contiguous with right-ot-way lines for ail roads and streets. ~g~ VOL`291 PAGE 33e 7.04.6 Acoompartying data: When submitted, tM preliminary plat shaft be aoeaspanled by: 7.04,8.1 Location map at a scale of not more than X000 feet to an inefi whiefi shall show the proposed subdivision, existing adjacent wbdivlsions, State and County wads in the vicinity and School District lines. 7.02.6.2 The general drainage plan, flow -ine of existing water courses, proposed dninage structures, and ultimate destination of water. 7.04,6,9 Proposed master plan of ell of the developer's property when the subdivision is a pert of a largee tract in accordance with this Regulation, using a scale of not more than X00 feat to an inch. 7.02.F Processing of Preliminary Plat: 7.02.P,1 Within fifteen (15) days after formal submission, the designated County Official shall check the preliminary plat as to its conformity with the waster plan, major street plan, public health and the standards and specifications set forth or referred to herein and shall return the preliminary plat end data to the Court with suggestions as to modifications or alterations of such plat end date. 7.02.F,2 Within thirty (30) days after the preliminary plat is formally submitted, the Commissioners' Court shall conditionally approve or disapprove such plat or conditionally approve it with modifications, Conditional approval shall be granted by the Court in writing, 7,02.F.1 Conditional approval of a preliminary plat shall be effective for one (1) year unless reviewed by the County in the light of new or significant infor~aation which would necessitate a revision of the preliminary plat. If the County should deem changes In a preliminary plat ea necessary they shell so inform the subdivider, In writing. 7,02.P,~ If no development has occurred which would affect the proposed plat after one (1) year of effective approval, the Commissioners Court may, upon the application of the subdivider, extend the approval six months. 7,03 Final Plat and Accompanying Data The final plat and the accompanying site impeovement date end detailed cost esUmatea of coed and drainage improvements shall be submitted to the County for approval. Within thirty (30) days after the final plat is formally filed, the County shall approve or disapprove such plat. 7.09.A Fees: Any final plat shall be accompanied by a t11[ng tae of fifty dollar (550.00) plus tive dollars (35.00) per lot for each unit of the subdivision to be filed. The fee shell be ten dollars (510.00) per acre !or multiple dwell(ng eases, commercial oe industrial districts or other areas not subdivided into lots, No action shall be taken by the Commissioners' Court until the filing fees have been paid, Thls fee is not refundable should the developer [ail to make formal application for plst approval or should the plat be disapproved. ..7~ VOL' 291 PAGE 339 7.09.8 Form and Content o[ Fiat: 7.03.8.1 The final plat shall. conform to the preliminary plat ss conditionally approved by the County incorporating any and all changes, modifications, alterations, corrections and conditions recommended by the Commiuloners~ Court. T.09.8.2 The final plat shell be on permanent reproducible material 21 inches wide and 26 Inches long with margins of not less than 3/8 Inch. The plat shell be drawn at a scale of not more then 200 feet to one (1) inch. Where more than one sheet Is necessary to accommodate the entire computed area, an index sheet showing the entire subdivision at an appropriate scale shall be attached to the plate ' 7.03.8.3 The final plat shall be submitted in four ({) copies, together with a reproducible copy of the original, and shell contain all o[ the lectures required for preliminary plats in this Regulation shove and shall also include the following; 7.03.6.3.a The eznet location, dimensions, names end description of all existing or recorded streets, alleys, reservations, easements, or other rights-of-way within the subdivision, intersecting or contiguous with its Doundery or forming such boundary, with accurate dimensions, bearing or deflecting angles end radii, computed area, and central angle, tangent distance end length of ell curves, where appropriate. 7.03.8.3.b The exact -ocation, dimensions, description and name of ail proposed streets, alleys, perks, other public areas, reservations, easements or other rights-of-way, Dloeks,lots, monuments end other sites within the subdivision with accurate dimensions, bearing or deflecting angles and radii, area, and central angles, tangent distance and length o[ ell curves, whore appropriate. Alt lot corners shall be marked with # inch diameter X 19 inches long iron pins. 7.03.B.3.c The plat will show tho location of ell utilities including above ground appurtenances. T.03.8.3.d The plat must show all roads and whether or not such roads are dedicated to the public or are to remain private. 7.03.B.3.e Owners Acknowledg- ment. 7.03.6.3.[ Certification of the surveyor responsible for surveying the subdivision area, attesting to its accuracy. T.03.B.S.g Certification by the County. 7.03.&3.h Approval of the Commissioners Court. T.03.8.3.i Note on Status of Oreinege Easements: . Property owners may not utilize drainage easements for any puepose detrimental to their intended use. -il- VOL! 291 PAGE 340 7.03.0 Accompanying Data: 7.03.C.1 When tiled, the final plat shell ba accompaMed by the following site Improvement data: 7,03.C.1.e Aoada end Streets: Three eoples of plain, profiles and construction details of all roads end streets. 7,03.C.1b. When a separate central (public? water system la planned, • statement from the Texas Department of Heatth indicating that the system design is approved. 7.03.C.1.e. Storm Drainage: ' 7,63.C.1.o.1 Three copies of the storm drainage plan, prepsrod to a aeate of E00 teat to an inch and with the same contours and scaled lot sizes as shown on the plat. Ali street widths and grades shall be indicated, and runoff figures shall be tndieated on the outlet and Inlet side of ell drainage ditches and storm sewers, and st request of County, at all points In the street at changes of grade or where the water enters another street or storm sower or drainage ditch. Drainage easements shall be ind[cated. 7,03.C.1.c.2 Calculations showing the anticipated storm water flow, Including watershed area, percentage runoff, and time of eoneentration. When a drainage ditch or storm sewer is proposed, calculations shell be submitted. showing basis for deatgn. 9.03.C.I.e.3 When a drainage channel or storm newer to proposed, three copies of completo plans, profiles, and specifications shell be submitted, showing complete construction details. No pipe less than 18 inches in diameter or comparable flow area shat! be used, including driveway crossings. 7.03.C.1.e.4 When conditions upstream or downstreaia Iron a proposed channel or storm sewer do not permit maximum design flow, high water marks based on twenty-five year frequency shell be Indicated, based upon existing conditions. 7.03,C.1.d. A genera! location map of the subdivision showing ,tho entice watershed (U.3.(3.3. Quadrangle is sat[sfaetory). 7.03.C.2 When tiled, the final pint shell also be accompanied by: 7.03.C.2.a Tex Certitlcates from the School District, County and other Tax Districts which indicate that ell ad valorem taxes have been pa[d on all land taeluded within the final plat. 7.03.C.2.b Signatures of Certification by the proper authorised official of each public utility company or board involved to De (nseribed on the respective utility layouts requiced herein certifying approval of the same by said utility company or bosh. 7.OS.C.1.e A check, payable to the County Clerk of Kerr County in the amount required for recording the final plat at the Courthouse. -8- i~_' ~~ VOL« 291 PAGE 341 7.03.C.2A A letter of authorization to tits from any city In whose jurisdiction the subdivision may be located. 7.03.D Processing Final Plat: T.03.D.1 It desired by the developer and approved by the Commissioners° Court. the timi plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop. However, such portion shall conform to all the requirements of this Regulation, T.OS.D.2 No final plat will be considered unless a preliminary plat has been submitted. However, it an approved plat has been duly recorded end the subdivider wishes to increase the size of the tots by combining two or more lots or by combining one lot with a portion of the adjacent lot in such manner that no portion of a lot remains smeller than the original lots, no preliminary plat will be necessary. T.03.D.3 A final plat o[ an approved preliminary plat or a portion thereof shall be submitted to the Commissioners' Court within twelve (12) months of the date of approval of preliminary plat; otherwise, the approval of the Court shall become null and void, unless an extension of time is applied for and granted by the Court. 7.03.D.4 If the finnl plat is disapproved, the Court shall inform the subdivider in writing of the reasons at the time such action is taken. 7.03.D.5 Alter the final plat has been approved and the developer has tiled the security and maintenance bond hereinafter provided, the Court shall cause the final plat to be recorded with the County Clerk. 7.04 Plat Revision or Cancellation: Tho owner or owners o[ 75 percent or more of the land area [n a subdivision may petition the Commissioners' Court for revision or cancellation of such subdivision, including dedicated roadways or easements. Notice of such petition shall be published in a newspaper in the County for et least three weeks prior to aet[on by the Commissioners' Court at a regular term. In addition, non-developer owners of lots in the subdivision will be notified by certified or registered mail. It approved by the Commissioners' Court, the revision or cancellation will be filed with the County Clerk with the usual filing fee. -10- - i Vt1l`. 291 PACE 342 seetlon VIU SUBDIVISION BTANDARDS No praUminary or final plat shall be approved by the Commlasionen~ Court and no oaapletad improvements shall be accepted by the Court unless they eonforos to the tollow[ng stsndaMs end apecifiptions: t.01 General B,O1,A Provision for future subdivisions. it a tract fa subdivided Into parcels larger than ordinary building lots, such parcels shall be arranged to allow the opea[ng of future streets., 8.01.8 Reserve strips prohibited. There shall be no reserve strips controlUng access to land dedicated or Intended to be dedicated to publle use. B.O1.C ROW will be selectively cleared of all impediments including boulders. stumps, trees, or amr other dobris. 9.O1.D ROW limits shell be contiguous with lot lines, 8.02 Streets 8.02.A Street layout. Adequate streets shell be provided Dy the subdivider, end the arrangement, character, extent, width, grade end location of each shall be considered in their relation to existing and planned streets, to topogeaphical ooadttions, 4o public sstety and convenience, and in their appropriate relationship to the proposed uses of land to be served by such streets. The street layout shall be devised for the most advantageous development of the entire neighborhood. 8.02.8 Relation to adjoining street system. Where necessary to the neighborhood pattern, existing streets (n adjo[n[ng areas shall be continued, and shell be at least as wide as such existing streets end in alignment therewith. 8.02.C Projection of streets. Where adjointng areas ere not subdivided. the arrangement of streets in the subdivision shall make provision for the proper projeet[on of streets Into such unsubdivIded areas. 8,02.D Street intersections. Street intersections shall be as neaely st right angles as practicable, giving due regard to terrain and topography. 8.02.6 Dead-end Streets, Dead-sad streets shall be prohibited except as short stubs to permit future expansion, or when topographic conditions make them necessary. 8.02.F Cul-de-saos. Cui-de-sacs shell have a turnaround of not less then 100 feet in diameter In.residential areas, and not less than 200 feet in diameter in commerelal and industetal areas, -11- .---, VOI.', 291 PAGE 343 8.08.(1 Minor sUeets. M[nor streets shell be laid out ao es to discourage their use by through traffic. 8.02.H Lot and block numbers are to be arranged in systematic order and shown on the plat. Each block will have a lot number one (1) and each subdivis[on unit will have a separate lot and mock designation. 8.021 Pavement widths and rights-ot-way shall De as follows: 8.02.1.1 Streets with Concrete Curb Sections Curbed streets shell have a ROW of at least 60 feet, with a pavement width ot'at~least 40 feet. 8.024.2 Streets witfiout Concrete Curb Sections Streets which do not include provisions for concrete curbs to be lnatailed shall have pavement widths and rights-of-way es lollows: 8.02.1.2.a At the preliminary eonfeeence, the Commissioners' Court will designate primary streets, it any, end shall indicate where ROW must meet State Highway Department requirements. 8.021.2.b Secondary streets shell have a ROW of st least 60 feet, shoulder to shoulder width of 32 feet, and pavement width of 24 feet. 8.021.2.e Minor streets shall have a ROW of at least 40 feet, shoulder to shoulder width of 28 feet, and a paved surface width of at least 20 feet. 6.02.J Where the proposed subdivision sluts upon en existing street or half-street that does not conform to paragraph 8.02.1 of this section, the subdivider shall dedicate ROW sufficient to make the full ROW width conform to such paragraph, and there shall be paved so much of such ROW as to make the full pavement width comply with such paragraph. Before any pavement is laid to widen existing pavement, the existing pavement shall De rut beck 2 feet to assure an adequate subbase and pavemen4 joint. 8.02.K Curbs and Sidewalks, Concrete curbs and concrete sidewalks may be Installed in the subdivision at the option of the developer. 8.02.E Street Names, Proposed streets which ere in alignment with existing named streets shall bear the names of the existing streets. In no case shall the name for proposed streets duplicate existing street names nor shall like sounding street names be permitted, regardless of differences in suffixes (i.e., street, road, avenue, lane, place, eteJ. --la- ` you 291 PaG~ say 8A2.M Street Signs. Reflecting ateeet signs shall be lnsta-led by the developer at all intereeetiona within or abuttil-g th0 tubdivi3lOn. Street sigh shall be planed in 6 unitona manner throughout the subdivision. The developer shall eomutt with a designated County Ottletal as to the plan of piecement thereof prior to the installation of such street signs, Sign shalt be 8' atwve the pavement to the bottom of sign on an approved metal post. 8.02.N Maflboxea located in the ROW will be attached to a post or standard that can be temporeHiy removed. 8.03 Easements. Easements will be allowed when required toe propae drainage or topographic requirements. All easements see to be maintained by the property owner. 8.04 - Water installations a.Od.A General. Water for lots in subdivision may De supplied by the developer or by the purchaser of the lot at the option of the developee. However. it the developer chooses to install a dlatrlbutlon and supply system, plane end speeitieations for water systems must have been approved by the State Department of Health prior to County approval. - 8.03 Wastewater Disposal System General, Each lot in a subdivision must have some legal means of waste disposal and approval by UGRA. 8.88 Utility Linea. B.OB.A All utility lines that peas under a street or alley shall be installed before the street or alley is paved. When it is necessary that utility lines pass undee an existing street or alley pavement, they shell be bored to a point et least ~ feet beyond the edge of the pavement. B.OB.B Locating utilit[ea and setback lines: utility appurtensnees extending above ground (water meters. poles, fire hydrants, ate.) are to be toasted within a range of 0 to 3 feet of the ROW line, except that on curbed streets alt appurtenances will be 3 to {feet behind the curb line, 8.06.C Underground utility lines are to be placed s minimum of two (Z) feet below surface at all locations end within a range of 0 to 9 feet of the ROW line, 8,0? Monuments. A minimum of three (3D concrete monuments shall be located within the subdivision. Their location shat! permit comparable access from ell lots, 8.08 Drainage, 8,08,A Easement. Where a subdivision is traversed by • watee course, drainage way, nature! channel or stream, there shall be provided an easement or ROW conforming to the limit of aucl- water course, plus additional width --13- ~-- . f - ~-' ,_ ,~ _ VOL` z91 PAGE 345 to accommodate future needs and maintenance. A note shall be ef[ixed to each plat advising each property owner that the County will not assume vegetation maintenance responsibility on drainage easements and prohibiting them from fencing or constructing improvements in these easements which will be detrimental to Its intended use. 8.08.B Drainage facilities shall be provided and constructed in accordance witfi approved plans as submitted under this regulation. --14-- Section IX ROAD SP6CtFICATION$ vnl~291 PAGE 346 0.01 Cleari~ and grubbing: The entire area of the ROW ahal! t1e seleetlvely elaared and grubbed to a depth of not less than one foot below natural ground to till aeeu and one toot below aubgrede elevation in excavated areas, Brush and other detrr(a shall be reiaoved from the ROW and disposed of ss elected by the developer. 8.0E Grading: The roadway area,(aubgrade, ditches and slopes). shall be eonstrueted in accord with the typical sections attached hereto a~ made a part hereof and with the following eequlrements: 9.02,A Embankments shall be placed in lifts of not more than eight (8) Inches loose depth and each lift shall be thoroughly compacted by sprinkling and rolling before placement of succeeding lifts. 9.02.8 Unstable material encountered in either excavated seetlon of beneath embankments shall be removed to a depth of not lass than one toot below natural ground or finished subgrade and replaced by satisfactory material. Material so removed shall be reiaoved from the ROW. 9.09 Roadway Ditches: Ditches intended for parallel drainage shall be designed to accommodate runoff to be expected at two year frequency. On grades of more than three (3) percent, In triable soils, erosion control by sodding and/or seeding or by properly designed checks of concrete, stono or sod blocks shall be included. 9.04 Culverts: Cross drainage culverts shall be designed for runoff to be expected at five (S) year frequency; may be either standard reinforced concrete pipe, corrugated galvanized metal pipes or reinforced concrete boxes; and shall be capable of sustaining "H-15-Highway Loading". No box culvert shall be smaller than two (2) fast in either waterway height or depth. No pipe structure shell have waterway area et less than 1.78 square feet (10 inch diameter). 9.OS SIderoad or entrance culverts; No entrance culvert shall be less then twenty (20') feet in length with waterway of not less than 1.78 square feet (10 inch diameter) and shall be designed for runoff of flue year frequency. headwalls, it placed, shall be of reinforced concrete or course laid masonry, and shall be not higher than six l8) inches above the base crown elevation. 9.08 Bridges: All bridges shell be designed by e Registered Profesa[onal Engineer for ten year frequency of storm and with not -ess :ban one toot six inches (l' 8") freeboard for drift. The load capacity shall be not less than "H- l5". Bridges shall be founded end protected by rIprap to withstand floods of twenty-five (25) year frequency. 9.07 Oveetlow Sections: In general the Commission- ers' Court will consider allowing the installation of overtiow seetiona (low water crossings). Such consideration will adjudge the probable frequency and depth of overflow, the traffic potential and the nature of the tributary area. The following conditions ere considered suitable for the installation of overflow sections: --15- ~---, ~~; (-- , VOL! 291 PAG@ 347 8.O7,A Dreinega courses having no defined channel whero channel construM[on would possibly develop liability for diversion or concentration of runoff. 9.07.8 Streams having a defined channel for normnl flow and usual runoff with a wide flood plain covered by infrequent storms. B.OT.C Stream crossings where traffic potential does not eeonomlcally warrant bridge oonatruction. 9.07.D Overflow sections shell be of reinforced concrete, not less than five (5) inches in thickness and containing 4} to 5 sacks of Portland cement per cubic yard of finished concrete; shall extend horizontally between high water elevation calculated for five (5) year frequency; and perimeter footing shall extend downward to stable foundation. 9.07.D.1 Reinforcement shall be not less than No. i bars pleeed fourteen (14")Inches on centers, both longitudinally and transversely. Laps, it required, shall be not less than fifteen (15") inches and shall De staggered in position. 9.07.D.2 The crown width of overflow sections shall be not less then two (2) feet wider than the approach pavement or surface. 9.08 Base or Base Courses: 8.08.A Material for base courses may be either crushed limestone. caliche, calcareous gravel, or other good quality road building material that meets the following physical requirements: Liquid Limit of Soil Binder 40 Maximum Plasticity Index 12 Maximum, A Minimum Linear Shrinkage, percent 7} Maximum When sampled from the roadway after processing, the material 1n place shall meet the following requirements: 8.08.8 Base on all streets within the subdivision shalt have s compacted base depth of not less than six (B") inches and shall be constructed in two approximately equal courses, B.OS.C The Commissioners' Court may permit minor variances from soil constant requirements stated in the above listed specif[cations when the minimum compacted depth of course is increased from the minimum stated. 9.08.D Prior to delivery of base materiel to the road or street, the results of physical tests of the material proposed for use shall be submitted to the Commissioners' Court for appeoval. These test results shall be certified as conforming to the requirements by (1) An approved commercial laboratory, (2) A Registered Professional Engineer, or (3) A qualified So{ls Laboratory Technician. The certification shall define the area end volume represented by the tabulated results, -16-- VOL 291 ppr;E 348 8.09 PNme coat: After final finishing, curing and eorreetloa of uty ieeegularltiae developed during the curing period have been correeled, the area of the base which fa to receive turtaeing may be primed with en application of approximately two-tentha (0.2) gallons of MC-30 cutback asphalt, or equivalent, per squaro yard of aurtaee eoveeed, Genereliy trattio shall be diverted from the primed area until pfacemont of the surface. Should diversion of trattio not be feasible, tho prime coat shalt be blanket rolled with a prteumatia roller immed[ately following application. Prime coat shall be permitted to curs following application and before application of surface courses or pavement, 9.10 Surface treatment: At the discretion of the developer paving nay be delayed until there are enough occupants and traffic to assure street end road stability. Paving in large acreage tracts may or may not be required at the discretion of the Commissloners° Court. All streets and roads in subdivisions, and providing access thereto, which ere provided with a wearing surface shell meet the following standards: 8.10,A A two course asphalt surface treatment eompased at asphalt and aggregates of the grades and rates of distribution shown below: asphalt shalt be Grade AC-S, or high [loaf emulsion, except that Grade AC-10 may be placed on roads hsving sharp eurvea and steep grades during the period May 1st to 3une 15th. Aggregates may be crushed iimestone, crushed geevef, gravel or limestone rock asphalt, grading as established by the Texas Department of highways and Public Trensportation Standard Specifications. Grading and Rates of Distribution First Course: Asphalt Grade AC-5 or high float emulsion (or AC-10)0.3 to 0.35 gallon per Sq. Yd. Aggregate Not finer than Grede 11 Cu. Yd. per 85 to 95 Sq. Yds. Second Course: Asphalt Grade AC-S or high float emulsion (or AC-10)0,25 to 0,35 gallon per Sq. Yd. Aggregate Not finer then Grade 81 Cu. Yd. pee 110 to 125 Sq. Yds, Total asphalt, both courses, not lass then 0,8 gallon per Square Yard. 9.10.8 Should the developer elect, a bituminous ooncrete pavement may be placed in lieu of the minimum surface treatment described provided a seal coat of grade ~ rock and oq is applied ilret, Such pavement may bo either Hot Miz Asphaltic Concrete Pavement, Hot Miz Cold Laid Asphaltic Concrete Pavement or Limestone Rock Asphalt Pavement, either proportioned, mixed and -aid as required by the pertinent epeeit-cationa of the Texas Department of Highways and Public Transportation, with the. following exception: -17- ~~~~f291 PAGE 349 "Limestone Rock Asphalt Pavement may be placed with an approved spreading and finishing machine provided rolltng is delayed for a period suftieient for evaporation of moisture and volatiles." 9.10.C Bituminous Concrete Pavement shall be placed In such quantity and spread at such rate as to provide a minimum compacted depth of mat of one and one-half (1}) inch, 9.10.D Surtaee treatment end/or bituminous concrete pavement shall De blanket rolled at least once each day during three days following placement. 9.10.E NEITHER SURFACE TREAT~NENT 8E PLACED AT ANY TIME WHEN THE 9.11 Curbed Streets: Where streets or roads are proposed to be provided with curbs or curbs end gutters, design and construction details shall be in conformity with the attached typical section. The curbed section shall be centered within the available right-of-way. 9.12 Shoulders: Untreated shoulders shall be bladed and dragged for uniformity a[tec placement o[ the surface and shell be smooth, stable and well compacted for the entire width. The thickness of base shall not vary from the prescribed thickness Dy more than one half (}) inch at any point tested. 9.13 Cattle Guards: The Commissioners' Court will authorize the installation of cattle guards when considered essential to public safety. When permitted, a cattle guard shall De not less than six (8) feet in width, measured along the center of the road and of length not less than one toot greater then the width of the pavement. Deck members shall be either weldable upset carbon steel 4ubing two and three eighths (2-3/8) inches outside diameter or relayer rails weighing not less than seventy (TO) pounds per yard. Support members shall be structural steel shapes of s[ze and section adequate for H-15 loading with twenty-five (25) percent impact allowance. Support sections shell be spaced not more than thirty-one (31) Inches for tubing decks or forty-eight (48) inches for rail decks. Units may be prefabricated or welded in place, provided fastenings to masonry foundation are arranged for ready removal for cleanout. Supporting masonry shall extend to firm foundation or shall De designed as an open flume with ends closed except wheee structure serves as a drainage structure, Pit drainage shall be provided closed end structures. __---® r _ 1 __ _°'~ 1 F.6M4_~~~Y .. _ _ ___ ~.. ~ ~yOM-.. . ----`"'~'J s~se'~"~° •tti {O~rrsa*. gEG.ttO~ .I.,rpIGAI' GUtt8E4 ~4^ ~~ O`~s ~pCNttY . a ~`....--=-----'~°- ~IGAt. g^i¢~ECh str-should be 4~ lower ~1 shown hereon. 11ne11~ don each side as cou th areas the finishe the propeYty furnish the my withdeP shalt roved laboratorY~ in sutbarban a elevation of actor an aPF material the contr than the avera8 terlal made by bgSe roPosed ~ ntered- Bo£ore placinS anY of the fade is encou {eQorts of analYsi~ock sub& ~ less where ar fill sections. a for may ~ for cot 6 ft, wid as an ~_..nased r.o.w. width may be reQuir for residential are ft. wide . i .y.....- .y F~,/itir i W6~~~_/ r ."" u.wi aT,~gl6 s4~'r' « a f j N .O N G~9 w w 0 ----, VOLT 291 Pegg 351 Section X 1NSPECTtON3 AND ACCEPTANCE 10.01 The designated County Official or an authorized Inspector working for the County, may, at the direction of the County, inspect all subdivision site work at any time end any stage. 10,02 Streets and roads will not receive consIdeeation for final approval by the Commissioners' Court until at least one year after surface teeatments nee completed. in addition, acceptance will only be considered when 4here has been sutticlent development to assure streets and roads stability. Sufficient development shall be at the discretion of the Commissioners' Court. Section XI GUARANTEE OF PERFORMANCE 11.01 The developer will file an agreement to provide a security bond prior to final plat approval. The plat shall not be recorded unless the developer has tiled with the Commissioners' Court a bond executed by a surety company holding s license to do business in the State of Texas, and acceptable to the County, in en amount equal to the cost of the road and drainage improvements required by this Regulation as estimated by the design Engineer and approved by the County, conditioned that the developer will complete such Improvements within three years after approval of such plat, such bond to ba approved es to form and legality by the County Attorney. In lieu of such bond, developer may execute a trust agreement whereby he shalt be required to deposit with en approved institution or escrow agent a sum of money In trust equal to the estimated cost of all of the toad and drainage Improvements required by this Regulation, upon the same condition as said bond. The form of such trust agreement is to be approved by the County Attorney. Developer shall remain obligated on said bond or trust agreement until the designated County Official has certified compliance with these provisions to the County. 11.02 The developer shell also file an agreement in writing to provide a maintenance bond prior to final subdivision plat. Subdivider shall furnish the County a bond, executed Dy a surety company holding a license to do business in the State of Texas, and acceptable to the County, in an amount equal to ten percent (1096) of the total cost of the streets, curbs, sidewalks, end drainage improvements required to be constructed in said subdivision, as estimated by the design Engineer and approved by the County, conditioned that upon completion thereof, and upon approval of same by the designated County Official, the developer will maintain such streets, drainage improvements, etc., in good condition at his expense for a period of at least one year after date of final approval of the completed construction by the designated County Official and until acceptance thereof by the County. The Commissioners~ Court shalt not accept such streets an'd sewers in behalf of the County for n period of at least one year after such proper completion, as certified by the designated County Official, and not then unless and until the designated County Official again certifies that they have been maintained in good condition for Bald period of one year end are in good condition at such time. The County shall accept such streets and drainage improvements only by weitten resolution duly passed at a regular or legally called special meeting of the Commissioners' Court, and the developer shall remain eesponsible for the maintenance of such improvements until this is legally accepted by the County. aVlaintenance of the street is to include such items as damage by others, spilled concrete on the streets, mud and debris In the streets, unknown springs, etc. Maintenance 20- dQq'fi 29], PAGH 352 of the damage improvsments (neludos removing debris, resodding eroded areas and the lnstalletion of additional oaneeeta rip-aps where designated by the County to permanently prevent Beaton. 11.03 Where good cause exists, the County may extend the period of time for completion under Paragraph 11.01 of the Regulation for an additional period of time not to exceed six (ih months It the developer has not completed the required site improvements or completed such improvements [n eompltenee with this Regulation. No such extension shall be granted unless additional security of the type provided to Paragraph 11.01 Is first provided by the developer to cover the extended period of time. Sect[on X!l MISCELLANEOUS PROVISIONS 19.01 it any incorporated town or oily should waive, by variance or whatever, its jurisdiction over any subdivision or pert of a subdivision which is located within its Extra Territorial Jurisdiction these regulations shall be applicable. 14.03 Severability: in case any one or more of the provisions contained la these Regulations shell for any reason be held to be invalid, illegal or unenforceable in any respect. such Invalidity, illegality or unentorceability shall not attest any other provision heroot, and these Regulations shalt be construed as it such invalid, illegal or unentorceable provision had never been contained herein. -41- r_ _ - , ~~-_ e V01~' 291 PAGE 353 APPENDIX A - Owner'e Acknowledgment "S'TATE OP TEXAS )( COUNTY OF KERB )( Tha owner of the land shown on thta plat, and whose name is subscribed hereto, and in person oe through a duly authorized agent, dedicates to Kerr County, Texas, for the use of the pubUe forever all streets, alleys, perks, water courses, drains, easements, in all of the aforesaid public places and ell other public places thereon shown for tho purpose and consideration therein expressed. Owner STATE OF TEXAS M COUNTY OF KERB )( BEPORE NE, the undersigned authority, on this day personally appeared known to me to De the person whose name is subscribed to the orego ng nstruments, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, end in the cepactty therein stated. GIVEN under my hand end seal of office this ~____ day of , l9 otary e Karr County, Texas" -zz- .. APPENDIX B • Certitieatlona "STATB OF THXAS X COUNTY OF KBRR K VOL 291 PAGE 354 i hereby certify that this plat is true and eorreet and was prepared from an actual survey of the propeety made under my wpervlslon on the ground. eg stet Publ a rveyor I hereby oertity that the water supply and sewage disposal utility systems installed, or proposed for inatallstion, in the subdiv[sion hereon fWly meet the requirements o! the Tezas State Neslth Dept, and U.O.R..A. and are hereby approved as shown. 188 City San tar an or Approv ng Agent Waiver of Claims toe Damnttea !n accordance with Art. 10-1V-T of the Code of Ordinances of the City of Kerrville, Tezas, and in eonsideretion of the approval of the subdivision platted hereon does hereby waive any and all claims for damages against the City of Kerrv e, err County, Tezas, occasioned by the establishment of grades or the alteration of the surface of any portion of existing streets and alleys to oontorm to the grades established in the shove named subdivision. 198_ Name o Owner I hereby oertity that the subdivision platted hereon meets with approval by the Post Office, regarding street names and addressee meet the City Master grid system for house numbers assigned by the City of Kerrville Planning Department. 198 ostmaster 1 hereby oertity that the subd[vtsion platted hereon is within or is not within the ETJ of the City of Kerrville, Kerr County. Tezaa. t hereby certify that the subdivision platted heee is or is not within the 100 year flood plain. 198 ng near urveyor --as- `- ~~ V0~ X291 PAGE ass APPENDIS C -Certification by County *The designated County Official of Ken County hereby certifies that this subdivision plat conforms to all requieements of the subdivision regulations o! the County as to which h[s approval is required, Designated County Official Approval of the Commissioners' Court "This plat of has been submitted to end considee by the omm ss:oners Court of Kerr County, Texas, and is hereby approved by such Court. Dated this ^ day o! , 18 By: County Judge By: Secretary" ..q4.. ~e e VOL 291 p~~E 356 APPEMOIK 0 -County C1sek's ftecoMlnE Acknowledgment "Approved by the Coinmisslonera Court of Kerr County, Texas. on tM day of AA. 19_ by Order No. of aald Court and wu filed toe eeeord on the day of A.D. 19_, et o'clock end wsa recoeded on the day of _r____~-A.O. 19~ at o'cfoek In Volume at Pagt of the Plat Records of Herr County. Texas. oun y er o err ounty, exec --25-- ~--- -, APPENDIX E - Peetormance Bond Form VOL`. 291 PAGE 357 The pertoemance bond required in this regulation, above. shell be in tha following form: PERFORMANCE BOND STATE OF TEXAS H COUNTY OP KERB )( KNOW ALL MEN BY TRESS PRESENTS: Tnet we, ,the undersigned developer, as Principal, and as urety, hereby acknowledge ourselves to be held end firmly un unto the ere County, a County 1n the State of Tezas,in the full and just sum of f ,tor the payment of which well and truly to be made, w e her y b: nurse vas end our respective heirs, administrators, executors, and assigns, jointly and severally, firmly Dy these presents. WHEREAS, the Principal has petitioned Kerr County for permission to develop e subdivision within the jurisdiction of Kerr County, more particularly described as follows, to-wit: w :ch s shown on a s vi§ion plat, entitled Subdivision, heretofore conditionally approved by the Comm:ss:oners' Court o Kerr County On 19 ,and iNHEREAS, under the provisions of the Kerr County subdivision control regulation adopted as of Kerr County requires as a condition precedent to the granting o such petit on, that the Principal furnish a guarantee that he wilt construct, or cause to be constructed, according to the requirements of such subdivision control regulation, the following site improvements within three (9) years after final approval of the plat of said subdivision: NOW, THEREFORE, the condition of this obligation is such that if the Principal shall, on or before day of , 19 ,construct, or cause to be constructed, the above ment eno: d improvements~in accordance~wTh the requirements of the Kerr County subdivision control regulation, and the amendments thereto, i[ any, then this obligation shall be void; otherwise, the obligation made under this bond will remain in full force and effect. IN TESTI:NONY WHEREOF, WITNESS OUR HANDS a~ seal, this, the day of 19 Developer end Pnncipal Surety By: Attorney n Fact APPROVED AND ACCEPTED, thts the day of , 19 KERR COUNTY By: Title -t8- von zs~ PAGL 358 APPBNDIX P • Trust Agreement in Lieu of Performance Bond The feast agreement in lieu of peeformenee bond penalttad by thin eegutatlon above, shad bs in the following form: TRUST AGREEMENT IN L-gU OP PERFORMANCB BOND This agreement is between developer, trustee, and Kerr County, ezas. Developer has deposited (oe herewith depo~lits) subject to the order of developer and Uustee jdntly as provided in this agreement in the (name an ocat~on o b ,trust company oe q t escrow agent ,_, Texas, the sum of ~ for the purpose of eonstruet on a~t~i'~ a m-i peovements In su v a;on n err County, Texas for the benefit o! the public represented by Kerr County, more particularly described as follows; (TYPE OP SITE INPROVSNENT) (water, gas and electric lines not included) Streets Sidewalks Alleys Storm Drainage Utilities Other (Specify) TOTAL Trustee agrees to authorise expenditures from such trust account, execute ohecka, drafts and other orders of withdrawal only for the purpose of paying for the post of constructing aueh site improvements and ouch orders shall show thereon the purpose of the withdrawals. The expenditures for each type of silo improvements shat) be made only in amounts not to exceed the estimated cwt thereof shown above. Trustee shall provide the designated County Ofpoinl w(th a statement of such expenditures in said subdivision (by type of :Its Improvements) within five (S) days of their authorization, Developer shall, within S days after any single withdrawal of 11,000.00 or more, or e combination of withdrawals of SI,000.00 or more has been made, tarnish an affidavit showing that the sums of money so withdrawn were expended by developer on prescribed site improvements completion end estimating the data of site Improvements completion. Said affidavit shall be submitted substantially In the following form: ..g7~ __. -, r S'TATB OF TEXAS H COUNTY OF KERB )f '~ _ _~_. AFFIDAVIT tlfll~ 291 QAG4* 359 Before me, the undeeslgned authority 4n and for the State end County aforesaid, on this day personally appeared who, being by m e first duly sworn, upon his oath deposes and says: "I, ,developer of the subdivision un er at s o 18 ,withdrew the sums o from the trust account heretoto orated with ,trustee, and created for such use and purpose, and expended said unds so w thdrawn on prescribed site 6mprovements to said subdivlsiort as follows: Site lmprovemenB Amount Percentage of Completion with the expenditure of these funds, it is estimated that the prescribed site improvements will be completed by ~ 18 DeVe oper SWORN TO AND SUBSCRIBED BEFORE ME this day of ~, 19 otary Pu 1 c n an or Kerr County, Texas Until this affidavit is accomplished, no further withdrawals shall be made from said trust account. The trustee shall be authorized to release turthee funds to the developer only alter reoetPt of written notification theeefor from the designated County Official so to do. Developer agrees to construct all alts improvements within three years from the date of final approval of the plat of said subdivision. Upon the failure of the developer to --28-- • VOL! z91 PAGE 360 provide ouch alts improvements as herein provided, any remaining balance in such trust account shall be paid by trustee to Ken County for the sole purpose of completing, repairing, maintaining or otherwise working on the site improvements in such subdivisions. A resolution of the Commissionees' Court of Kerr County declaring that such alts improvements have not been coopleted as required by applicable subdivision regulations shall be ttnei end eoncluslve ort the parties to th[a agreement. Payment to the County shall be made on the order of the trustee without the necessity of joindee by the developer. A certificate tha4 the sum required herein is on deposit in the above named bank, trust company or qualified escrow agent. subject to withdrawal only as provided hereto, signed by an authorized official thereof. is attached hereto. A copy of this contract has been supplied to the bank, trust company, or qualified escrow agent named by the undersigned trustee.. eveloper By: rustee BY: Date of Ezecutlon: KERB CQUNTK By: Date of Bteeution• --Yl1- (~ APPENDIX O - Mslntehance Bond vnL~ 291 PAGE 361 The maintenance bond required by MAINTENANCE BOND -- APPROVED ANO ACCEPTED, th[a the day, of this regulation above. shall be in the [oUowing form; STATE OF TEXAS )( KNOW ALL MEN BY THESE PRESENTS: COUNTY OF KERR )( That we, . the unders[gned developer, as Principal, end , as Surety, do hereby acknowledge ourselves to be ha an irm y oun unto err County of the State of Texas, in the full and just sum of S (being lOAi of the estimated cost of the hereinafter enumerated site improvement or the payment of which well and truly to be made, we hereby bind ourselves and our respective heirs, administrators, executors end assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal has petitioned the Commissioners' Court of Kerr County [or permission to develop a subdivision within the jurisdletion of Kerr County more particularly described as follows, to-wit: wh ch s shown on a su dives ort plat, entitled Subdivision, heretofore conditionally approved by the Commissioners' Court o Kerr County on 19 ,and WHEREAS, under the provisions of the Subdivision Regulation of Kerr County requires, as a condition precedent to the granting of such petition, that the Principal furnish a guarantee that he will malrtta[n and cause to be maintained, according to the requirem ants of such subdivision control regulation, the following site improvements for a period of one (1D year after the approval of the construct[on thereof by the county. NOW, THEREFORE, the condition of this obligation is such that if the Principal shalt maintain, and cause to be maintained, the above ment[oned improvements in accordance with the requirements of Kerr County, It any, for the period of one (1) year after the approval of the construction thereof by Kerr County and until the final approval of said Kerr County thereafter by resolution of the Commissioners' Court, then this obligation shall be void; otherwise, the obligations made under th[s bond will remain in full force and effect. IN TESTIMONY WHEREOF, WI'fNES3 OUR HANDS and seal, this, the day of _ , is eveloper and Prrnc~pal urety By: Attorney ~n act KERN COUNTY 19_ By: Title: a 5(03 K ~u.~di~tOce~x~ ~~ ~ ~~ r~Frr.~. ~~, . ~~ ~~~ FlgLED fOR RECORDD JAN 23 ??44 PATRICIA DYE ~b/f°.,~~ cou~0r. T.r.. i VOL1 ^291 PAGE 362 Filed for record January 23 - --- ---- .1984 at 5 : 3~-__ -^ ~ ^~_^^4 _T _.. Recorded February _