ORDER NO. 18213 MOTION TO ACCEPT VARIOUS ROADS AS COUNTY MAINTAINED On this the 1st day of November 1988, upon motion made by Commissioner Baldwin, seconded by Commissioner Ray, with Commissioner's Baldwin, Ray and Lich voting "AYE", and Commissioner Holland voting "NAY", said motion to accept the attached list of roads located in Commissioner' Precinct 4 as county maintained roads passed by a majority vote. I ~ a~3 COMMISSIONERS' COURT MEETING AGENDA REQUEST ** PLEASE FURNISH ONE ORIGINAL ANO SIX COPIES OF THIS REQUEST AND ANY DOCUMENTS TO BE ...-... .-.,,-,-. nv m„r. nnnnm MADE BY: (; RRy MENEFEE OFFICE: COUNTY ENGINEER T}EETING DATE: NnvomhPr 1, 1988 TIP}E PREFERRED: A.M. OR P.M. SUBJECT: (PLEASE BE sPECxr• Ic) At't'_F_PTANCE OF VARIOUS ROADS FOR COUNTY ESTIMATED LENGTH OF PRESENTATION: I:F PERSONNEL 4tATTER: NAME OF EPiPLOYEE: NA,~}E OF PERSON ADDRESSING THE COURT: T}lE TII`fE FOR SUBMITTING TIIIS REQUEST FOR COURT TO ASSURE THAT THE MATTER IS POSTED IN ACCORDANCE WITH AKTICLE 6252-17 IS AS FOLLOtdS: * MEETINGS }IELD ON SECOND MONDAY OF T}lE MONTIi: 5:00 P. M. PREVIOUS WEDNESDAY * MEETINGS HELD ON OT}lER DAYS: 5:00 P. M. FOUR WORK DAYS BEFORE MEETING DATE. IF PREFERABLE, AGENDA REQUESTS P1AY BE MADE ON OFFICE STATIONERY WIT}} THE ABOVE INFORMATION ATTACHED. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: @ A.M. - P.M. ALL AGENDA REQUESTS WILL BE SCREENL'D BY T11E COUNTY JUDGE'S OFFICE TO DETERMINE IF ADE- QUATE INFORMATION NAS BEEN PREPARED FOR THE COURT'S FORMAL CONSIDERATION AND ACTION AT TIME OF COURT MEETINGS. YOUR COOPERATION WILL BE APPRECIATED AND CONTRIBUTE TOWARDS YOUR REQUEST BEING ADDRESSED AT THE EARLIEST OPPORTUNTIY. ' P E OF W. -z ~ ~ ~ ('OI1\Tl' ('O\t~iISSIn1ER H.:1. t3ALll«'I\ i~rr n~~`~ rxE;(~nrr 4 October 31, 1988 Below is a list of County Roads in Precinct 4; which should be considered as County maintained Roads. Acorn Argo Arroyo Tr. Ash Axis Run Baldwin Bass & Wagner Beach Rd. Bear Creek Scout Beaver Road Bee Cave Ranch Bierschwale & E. Big Buck Bill Dowdy Black Bull Circle Blue Ridge Bluff Trail Briarwood Ln. Broken Spur Dr. Bushy Dr. C. C. Wagner Cade Loop Camp Arrowhead Candlelite Canyon Cardinal Hill Cave Springs Cedar Cliffs Cedar Dr. East Cedar Dr. West Cedar Springs Chapperal Place Cherry Spring Chole Church (Hunt Map) Circle View Corey Hall Corral Tr. Cullum Cutbirth Deer Haven Ln. Deer Run Dr. Deerfield Dick Burrus Dickey Rd. Divide School Doris Dr. Dowdy Rd. Dutch (Hunt Map) EBBW ledge Stone East Benner East Hi Line East Hi Top Elgin Esquell Fall Branch Fallow Run Fire Station Loop Fisher (Felix) Forest Hill Fossler Rd. Fox Tr. Fred Duderstadt F u r r Game Preserve Goat Creek Cutoff Graymess Guy Holliman Henderson Branch Higby Hollomon Honey Creek Hoot Owl Ranch Hunters Pointe Indian Creek Indian Trail Ingram boat dock Ingram Hills Japonica Jasper Moore ~-dt~--k~iaeel-- Jim Prior Jim Weatherby Karen Rd. Kelly Creek Kenning King Elk Ranch Kinsel Klein g Leinweber Klein & HabezmacherKlein Branch La Hacienda Lafayette Lake Ingram Hill Lazy Creek Levy Bushong Looker Dr. Love &Burrus Mary Meade Mauk Rd. Meadows (Kieth) Mesa Tr. Methodist Church Midway Mo Ranch Rd. Mountain Home Mt. Nome Loop Mustang Tr. Nichols Addition Nimitz North Park Oak Dr. North Oak Dr. South Oak View Omega PI. Ox Hollow Paradise Retreat Pleasure Hill Prior (Wynona) Quail Run R. R. tvlerritt Ralph Leinweber Ranch Rim Ranger Tr. Raymond Rogers Reservation Tatsch Ridge Rd. Rim Rork Dr. Rim Rock North Rim Rock South Rio Ranchito Rio Vista River Rd. River View Rd. Rode House Rd. Rock Bottom Roland Tr. Roy Littlefield Rustic Hill Rd. Sande) Wood Ln. Scenic Acres Schuman Secluded Shalako Dr. Shallow Water Run Sherwood Ln. Skyline Dr. Skyview South Park Spanish Oak Special K Ranch Stagecoach Stowers Ranch Sunset Cemetary Sunset Place Tanglewood Ln. Tastch 8 Marshall Ted Rd. Tegner Greek Thrill Hill Dr. Thunder Rd. Timber Ln. Tom Moore Turkey Trot Valley Verde Walker 8~ Benner Walter Clark Waltonia Wedgewood Ln West Dr. West Hi Top Rd. West Wood Ln. Wild Timber Wood Trail Wren Y.M.CA. Yavo YO Rd. Yourfig& Bierschwale Si ely, BALDWIN Commissioner -Precinct 4 BBlIb (a12) 896-636 700 ~SAI1~ STKEET KERR~'ILLE, TE1:AS 78028 MEMORANDUM 'Pa Bruce Oehler, Commissioner Precinct 4 FROM: Leonard Odom, Jr., Road Administrator ~ ~ DATE: April 22, 1993 0`~ RE Y O Ranch Road off Hwy 41 Attached are copies of everything available in the Road & Bridge Office on the Y O Ranch Road. % 1) An invoice paid ctober 30, 198b, to Reichenau Bros. Construction for work done on the roa indicates it was County maintained at that time. 2) Court Order #1821 November 1, 1988, with the list of roads in Precinct 4 submitted by Com ssioner Buster Baldwin for maintenance by the Unit Road System, indicates that it was County maintained at that time. 3) A page from a document printed in October 5, 1987, shows there was nothing in writing found in the County Clerks Office at that time stating whether the Y O Ranch Road was County maintained or not. 4) A page from the Road & Bridge computer generated County Roads Evaluation List compiled by Road & Bridge employees in i 988, indicates that Y O Ranch Road was County maintained at that time. 5) A page from the current working list used by the Road & Bridge department indicates that it is considered County maintained at this time. 6) From October 1990 to present we have had no complaints registered in our computer files. When this administration started in the Spring of 1991, I inspected the road, there were stockpiles of material that had been put in place by our crews. I instructed them to use this material to do some shoulder work. When they arrived to begin work Sack Klein told them it was a private road, and told them to leave or he would block their progress. After consulting with you, I instructed them to leave until the dispute could be settled. cc: David Motley, County Attorney 4' _ _...... `~ '"'i'~ ~p5 C4n S tr,~~ f . ~~ ~~~ ~~ Ot{ice ' 895-4300 ~~ Mobile ' 257-3244 O y P.O. Box 592 '/ '~ Kerrville, Tezas Larry 3 pct. 3p~ 1986 LAC 257 861 257-7514 ~ Kerr County Road & Bridge -.i ~ Jack Smith GATE *r. C~ ' , a .~ "d~ Your remittance by return ms~l 1,~ appreciated. Thank You \~ BALANCE FORWARD - CHARGE Crlf01T Blade and roll road at X 4• 4,5.00 Rollex - $45.00 ' Water Truck - $ _ Blade - 45.00 10 28 3 hrs. 10 28 10 hrs. 3 hrs. 10/28 10 hrs_ 10 hrs. 10 hrs. _ - --__ $1,035.00 Machine time__~=------- ------- $ 39.p~ 18 'sacks cemea ase C$ .50-____-_- $1 149 42 g yds. crush b- __-_6 _- ____ . ~p ~ Amount due---'_- f~ • ~30•~ N WORK OUNE• MAXIMUM SERVICE CHARGE WILD APPtY TO PASt OUE ACCOUNTS. TO t>s of except following vacation of its dedication or a three-year period of non- j Its use.' However, a county may temporarily close a road due to recurring The flooding so long as an alternate route is provided.d The alteration of a irily road must always shorten the travelling distance unless the commis- oved sinners court by unanimous vote agrees othenvise.9 Unless the public - y be has acquired a common law and unabandoned right to use a road either td of through dedication or prescription, a statutory discontinuance by a . the commissioners court of a statutorily opened road cuts off the public's Mass right to use the roadway.10 § 40.11 7. Id., § 2.00'l(ah.l KC). anon 1. Vernon's Ann. Civ. St. arts. 2351[2); 8. Op. Tex. Att'y Gen. No. M-633 vain- 6702-1, § 2.002. 11970). 2. See, Op. Tex. Att'y Gen. No. M-265 9. Vernon's Ann. Civ. St. art. 6702-1, § 2.002(aX1XB). See, Op. Tex. Att'y Gen. ' _ J 3R7 (1968) (road not used for twenty years and No. H-166 (19731 (alteration and discontin- --~ .5, no fenced off retained public statusl. uance of roads requiring unanimous vote 1. junc- :ever 3. See, Op. Tex. Att'y Gen. Nos. V-975 10. See, Compton v. Thacker, 474 that (1999) ("closing" of road does not prevent S.w.2d 570 (Tex. Civ. App.-Dallas 1971, ~i~_ public use); C-752 (1966) (discontinuance writ refd n.r.e.~ (road held to be open fol- w'ner or vacation of road means no further coun- lowing discontinuance of county mainte- road ~: ~ [y maintenance; LCRA required to keep nance and Cinding that road had not been open a county discontinued road across its abandoned); cf.. Thorton v. Smith County, _•"- land). 690 S.W.2d 949 (Tex. app.-Tyler 1985, Cis. ~ writ refd n.r.e.i (authority of county to w-rit1 ~+,•~ 4. Vernon's Ann. Civ. St. art. 6702-1, close road by petitiQr. and den}• landowners § 2'~3' access). lion- stet- ~ , 5. The petitioning landowners need not be residents. Op. Tex. Att'y Gen. No. V- 443 (1947). 6. Vcrnon's Ann. Civ. St. art. 6702-1, _ § 2.002(a)(1xA). - 411 - !, } k ~ a ' ., , :s xE4~ r~F': ~ °•~ ~ r f ~ i ` c ~"s }f ' ~ T ~I ~~~. ~ $, ; s Ex ~;~ ~~ ~~~ ~ x ~~ ` -'• .'s xy}~. ,,~ ..`.}a . '°~ ~~: ,+ '. F ~a ,. {'~ ~! i ~t~.i ~~ ' ;. ~ . ,~ ~, .i I. ~• ~ ~ti ~:~ ,I <. ,..~..- JI ~ 40.11 LAND D~~'I.LOI~>,II;tiT Part s Generally speaking, a person may not claim title to any count}' road by adverse possession or occupancy." Ho~-ever, a 1955 statute provides a limited exception to this rule. This law states that any county road enclosed by a fence for tir•enty years or more because of infrequent public use loses its status as a public road, although it ma}• be reopened as any other private road can be.'~ The statute allowing the county and the public to lose their rights to a road fenced for twenty years does not apply to those roads leading to a cemetery or those which are "reasonably necessary to reach adjoining land." " The statute of limitations period during which a person must sue a county which has closed or abandoned a road is two years.'' Library References: C.J.S. Highways §§ 96 et seq. \Vest's Key No. Digests, Highways ca69 et seq. 4U.12 Sale of Abandoned Right-of-~Vay Property that leas been acquired for a road right-of-~vay retains its status as right-of-way property even if the road is never built.' Stat- utes set out definite procedures which must be followed by a county in disposing of unneeded right-of-way property, usually to the abutting landowners. The disposition of a county's right-of-way property is not addressed in the County Road and Bridge Act. The Local Government Code ~ establishes Four priority classes of persons entitled to buy unneeded right-of-~vay. In the order of their priority: 1) abutting landowners, 2) the original grantor or his heirs, 3) the federal, state, or municipal government, and 4) any person purchas- ing at a public auction. However, the deed or lease under which the county acquired the property for aright-of--way may prohibit its sale to the public. A public notice is required whenever the county intends to I1. V.T.C.A., Civ. Prac. and Rem. Code administrati~-e determination as to wheth- § 16.061. See, Op. Tex. Att'y Gen. No. H- er county road has been abandoned and 111 (1973 'adverse possession may not run fenced for twenty years i. against counn• as to road dedicated in 13. Vernon's .ann. Civ. St. art. 6702-1, 1845). § 2.008(b); County of Calhoun v. Wilson, 12. Vernon's Ann. Civ. St. art. 6702-1, .125 S.W.2d 846 (Tex. Civ. App.-Corpus 2.008. See generally, :~ransas County v. Christi 1968, writ refd n.r.e.) iroad re<2son- Reif, 533 S.w °d 131 Tex. Civ. :1pp.- abh• necessar}~ to reach dedicated parkl. Corpus Christi 1975, writ ret'd n.r.e) (street fenced for more than t«•enty years Collow_ 14. V.T.C.A.. Civ. Prac. and Rem. Code ing contended dedication); Grand Lake ~ 16.005. Gathering System, Inc. v. Gray, 441 S.W.2d 5 40.12 633 (Tex. Civ. App.-Beaumont 1969, no 1. Op. Tex. :1tt'y Gen. No. AS-339 writ) (gas utility not allowed to lay line in (1969). abandoned road which had been fenced for tµ•enty years); Op. Tex. Att'}• Gen. No. M- 2. V.T.C.A., Local Government Code 534 (19691 (commissioners court may make § 263.002. 412 ~ob.~~~ nacE ~.~3 THE STATE OF T);XAS j TIiG COUNTY OF KERR j ~s~ I b' 7 DEFORE ME, the undersigned authority, a Notary Public in and for I:err County, Texas, on this day personally appeared Roger Stone, known to me to be a credible person, who after being by me duly sworn, did upon his oath depose and say: "My name is Roger Stone, and I am County Commissioner of Precinct Number ~ in Kerr County, Texas. I am familiar with the ranch formerly owned by Clarence L. Leinweber and wife, Audrey M. Leinweber, and being the same property conveyed in the deed from Clarence L, Leinweber and wife, Audrey M. Leinweber, to - Grayson W. Mayfield and J. W. Woodson, dated January 15 , 1973 , and recorded in Volume 150, page 755, et seq., of the Deed Records of Kerr County, Texas, to which deed and its recording reference is here made for all purposes. I am familiar with the road leading to said ranch, said road being commonly called "Leinweber Road." This road goes up to the main gate on the most northerly north line of the ranch formerly owned by Clarence L. Leinweber and wife, Audrey M. Leinweber, and the "Leinweber Road" was on the list of roads given to me by Lee Goff, the former commissioner of this precinct, as one of the roads maintained by the county. I know of my own personal knowledge that • said road has been maintained by the county for many years, possibly as many as forty years, I also know of my o~vn personal knowledge that the general public leas used said road without interruption for many years without anyone every having to obtain "permission" to use said road from any other person. " Further affiant satth not. Rog fS one SUIiSCRIRED and SWORN TO before me, by the said Roger Stone, on thts the ~f% day of March, 1975 , to certify which witness my hand and .ry ~~ ~ ~ .~` :~ , A Nottfry Public in anfl for ~ r ;~,~ Kr-rr County, '1'exis ,'~ ' ~ ' ~ ~ KI1,1 I~If;n ~ ~ I' (:4 ~•~' hlc,nry I'vldlr Li ~.rnf For i YOL 1 ~ ~ !'aG8 ~=~- ~ THE STATE OP TEXAS ) THE COUNTY OF KERB ) BEFORE ME, the undersigned authortty, on this day personally appeared Roger Stone known to me to be the person whose name is subscribed to the foregoing instrument, and act:nowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this~~day of March, 1975, .t,•.. :'fi't .~ `r!,'i~''••, G a ~' ,r ... •~~ :.~ ~~ ~•' ~ ti: ~ :,~ :~: r •~~e • ,~ ~C ~~YL/ /.~1-~/ A Notary Public in and for Kerr County, Texas KIM BIP.D Notory Public In And Coy County Oi Kcrr, Tc::os My Ccmmission EA~1rCS Glll; 3 FILED FOR RECORD ot.... ~::. ~:.'~:...o'c I ock..p :..M. APR 4 1g75 EMrAIE nt. rrwl«+;F~ Ci•:~C:unty Court, KErr Court, Texas By.... s:~va....1~.,~.~eovt~ ~~. i~ ~ Pty GE ~~ 3 THE ST11TE OF TEXAS ) THE COUNTY OF KERR ) `~'S~X 7 ~ 7 BEFORE ME, the undersigned authority, a Notary Public ~in and for }:err County, Texas, on this day personally appeared Roger Stone, known to me to be a credible person, who after being by me duly sworn, did upon his oath depose and say: "My n'a/me !s Roger Stone, ar-d I am County Commissioner of Precinct Number ~ in Kerr County, Texas . I am familiar with the ranch formerly owned by Clarence L, Leinweber and wife, Audrey M. Leinweber, and being the same property conveyed in the deed from Clarence L. Leinweber and wife, Audrey M. Leinweber, to Grayson W, Mayfield and J. W. Woodson, dated January 15 , 1973 , and recorded in Volume 1fi0, page 755, et seq. , of the Deed Records of Kerr County, Texas, to which deed and its recording reference is here made for all purposes . I am famlllar with the road leading to said ranch, said road being commonly calved "Leinweber Road . " This road goes up to the main gate on the most northerly north line of the ranch formerly owned by Clarence L.. Leinweber and wife, Audrey M. Leinweber, and the "Leinweber Road" was on the 1lst of roads given to me by Lee Goff, the former commissioner of this precinct, as one of the roads maintained by the county. I know of my own personal knowledge that . said road has been maintained by the caunty for many years, possibly as many as forty years. I also }:now of my o~vti personal knowledge that the general p~,~blic Ilas used said road without interruption for many years without anyone every having to obtain "permission" to use said road from any other person . " Further affiant saith not. ~~~ . -~'`-~. Rog r~S one SUi~SCRIBI;D and SWORN TO before me , by the said Roger Stone , on tltls the ~~! clay of March, 1975, to certify v~liicli witness my hand and ~~ - ., ~~;;' ;Y~c;~,'li nf, office. . _ ~~ ~ Y ... , ;! ~~ '~y ~ ;; ~1 Notary l'ul~lic in and fur ~ ,'• ;~ .` l:c;rr County, '1'ex~-~; ' ~. •:~~'~~~ ~ • ~'~ Kil,1 t71RD ~ (. 1, ~,, flr.;~ry I'ul.lic Li /\rnJ For YQL.1 ~~ 1'Au~ ~%~- THE STATE OF TEXAS ) THE COUNTY OF KERR ) BEFORE MEr the undersigned authority, on this day personally appeared Roger Stone f:nown to me to be the person whose flame is suhscrIbed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this~~day of March, 1925. ', •,. Y ~ y+ . ~c . : ~ i,. ,: ,•~ ~ `,. a.' ~f j ~ `f ~rtp .., AILED FOR RL-CORD afi....4:,~: ~:...o'cicck..p :..M. 1~PR 4 1°75 ~MM~E A1. 1`~1UEiviC~i2 CI~~'~s County Ccuri, KErr Cour:Yp, iexa3 By...`.~~>...~1.,~..Ce duty A Notary Public in and for Kerr County. , Texas KIM BIRD Notary Public In Aid p;,f County Of Kerr, Texas My Ccmm~ssion Ea-;ires G/ i!; g