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CONSIDERRTION OF RIGHT-OF-WRY
PURCHASE FOR LRNE VALLEY BRIDGE
On this the 2Znd day of Rugust 1991, came on to be considered
the purchase of property of Lane Valley Bridge. The court
suggested that there would need to be same appraisals on the
property before the property could be purchased by the
county. No action was taken at this time.
if
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COMMISSIONERS' COURT AGENDA REQUEST
'>EDI FA	4F FIIIatiiCl-1 l1t~F (?DI ,ltie	l enin FI~iF (,npIFS nF TH	IS REQUES	T AND
	p	0		
MADE BY: GLENN K. HOLEKAMP
OFFICE: Commissioner Pct. Ili
MEETING DATE: August 22, 1991
SUBJECT: (PLEASE BE SPECIFIC)
TIME PREFERRED:
for
EXECUTIVE SESSION REflUESTED: YES if needed NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
Possible
Purchase of Property
ESTIMATED LENGTH OF PRESENTATION: 5 minutes
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT; commissioner Pct. Ili
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 1s as follows:
* Meetings held on second Monday: 12:00 P.M. previous Wednesday
* Meetings held on Thursdays: 5:00 P.M.prevlous Thursday
THIS REQUEST RECEIVED BY: is
THIS REQUEST RECEIVED ON : 8/14/91 ~ 9:00 am
All Agenda Requests will be screened by the County Judge's Office to determine 1f
adequate information has 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 opportunity. See Agenda Request
Guidelines.
~. --
JOSEPH P. MILLER, M.il.
4 Dartford Lane
San Antonio, Texas 78257
July 9. 1991
Mr. Glen Holekamp
Commissioner. Precinct H3
700 Main Street
Kerrville. Texas 78208
Dear Glen.
Sarah and I want to thank you for your help and explanation
of the proposed bridge construction over the Guadalupe River on
CR 280 (Lane Valley Road) and the related R.O.W.
We agree that the simplest and least expensive approach is
probably the best and wish to propose the following:
(1) With regards to the 0.450 acres of land which we
purchased in 1984. have been paying taxes on and which
will be conveyed to the county. we ask compensation of
^ 82400.00. We agree that it is unnecessary and cost
prohibitive to request an appraisal of this property.
(2) Since we will be actively farming and/or grazing the
coastal field and river bottom adjacent to the R.O.W.
during construction and since the Guadalupe River is
the sole and/or primary water source for livestock
grazing those areas. we suggest that temporary fencing
be erected to protect traffic on Lane Valley Road. I
would suggest that construction of the temporary fence
be with metal "T-posts". sheep and goat netting wire
and three strands of barbed wire. one on the bottom and
two on the top. I would be happy to discuss the
location of the temporary fence with you.
(3) Since the final construction of the bridge. guard rails
and bridge embankment is unclear in our minds. we feel
it would be premature to request replacement of our
existing boundary fence at the river with °lay down"
type fencing. Not only would it be costly. but it might
be unnecessary. As a more cost effective alternative.
we would request replacement of any and all fences and
gates taken down during the bridge construction with
materials similar in quality and design to those used
in their construction in 1986.
(4) Finally. since the gate into our river bottom is the
primary access for irrigation pump equipment and winter
^ livestock management. we ask that the gate be rein-
stalled at its present location with a 16' setback.
JOSEPH P. MILLER, M.,J.
4 Dartford Lane
San Antonio, Texas 78257
As you and I discussed. I have talked with Rex Brand of Kerr
Co. ASCS office about some kind of solution to the erosion
problem caused by the drainage of water out of our coastal field
3ust upstream of the bridge. Me agrees that one solution would
be to deposit some of the old bridge demolition debris in the
erosion hole and to shape the sides with application of a cement
scab on top. Mr. Brand has consented to work with me on this.
He does not foresee the erosion problem affecting the proposed
bridge.
I continue to be interested in talking to the contractor
about using the approximate two acres of coastal field addacent
,.,, to the R.O.W. as a construction staging area.
If the above suggestions are acceptable to you. then I would
appreciate you having the necessary papers drawn up for our
signatures.
I apologize for the delay in responding to your recent
letter. Again. thank you for your assistance. I look forward to
hearing from you.
cerely.
-~~l ~l-~=~~r
Joseph P. Miller
JPM/afg
June 19, 1991
Parcel No. 3
C.S.J. No. 0915-15-006
County Road 280 (Lane Valley Road)
District Engineer
State Department of Highways
and Public Transportation
P.O. Box 29928
San Antonio, Texas 78284-3601
Dear Sir:
,,,, This letter is to confirm and acknowledge that I have been apprised
of my entitlement to fair market value for the above shown parcel,
as covered in Title III of the Uniform Relocation and Real Property
Acquisition Policies, Act of 1970. It is my desire to waive my right
to just compensatioT~ as well as the right of appraisal and elect to
donate this right of way so that the proposed highway construction
may proceed in a timely fashion.
Therefore, I would like to offer to the State, Parcel No. 3 = 0.179
acres of the needed right of way.
Sincerely,
Merle W. Delmflr, M.D.
Owner /~,/~,
STATE OF TEXAS §
COUNTY OF KERB §
E
WHEREAS, MEREL W. DELM~CR, M.D., has donated land for highway
purposes that benefits the citizens of Kerr County, Texas, as well as
the State, and
WHEREAS, a fence exists on the tract of land being donated,
and
WHEREAS, if Kerr County were required to condemn said land it
would be liable for replacement of said fence in addition to other
costs in excess of the value of the land,
NOW THEREFORE, it is hereby agreed that:
_ I. Kerr County will replace the existing fence with a
new fence along the new right of way line according to
the following specifications:
~~~.~1~ `-~ !~/' fit.-,~1, ~~/Cl
LAND OWNER ,~/~ /~~
AUTHORIZED AGENT FOR
KERB COUNTY, TEXAS
Hoy 0. Perkins III
P. 0. Box 244
Comfort, TX '78013
June 26, 1991
Glenn K. Holekamp
Commissioner Pct. ,~ 3
'700 Main Street
Kerr County Courthouse
Kerrville, TX '78028
RE: Kerr County Parcel No. 1 "Lane Valley Bridge Project"
Dear Commissioner Holekamp:
Pursuit to your notification of the impending "Lane Valley
Bride Project," and the ..hate of Texas requesting purchase
of 0.198 acre of land, more or less same being out of and a
part of that certain 133.40 acre tract of land out of the
~rlm. S. Long Survey No. 31, Abstract P1o. 229, Kerr County,
Texas, I do hereby wish to donate said land required for the
above referenced bridge project provided the following
conditions are met. They are as follows:
Condition 1. All fences needed to be replaced are to be
replaced for said right of way to the specifications of the
current land owner. The fences are to be constructed with
drop ati~ray panels, able to collapse upon an intending flood,
both on the east/west side of Lane Valley Hoad, with cement
shoulders poured from the existing road bed or neor road bed
to the fence line preventing any further erosion or possible
washing in the future. These cement shoulders are not to be
fixed so that any parking of any vehicles may be permitted in
the future unless vehicle or land or;ner wanting to enter
either side of th8 said river bottom area.
Condition 2. The large cypress tree located to the north-
east corner of current "Lane Valley Bridge" is not to be removed
or damaged as this tree is a survey mark for the existing
property. If said tree is removed or damaged, the entire tree
(trunk and branches) will be delivered to a place as requested
by the current land owner, Roy 0. Perkins III.
Condition 3. 'i'he numerous pecan trees growing in said right
^ of ~.aay, are to be removed and replanted in another location as
requested by said land o~.•rner, Roy 0. Perkins III.
Condition 4. The existing under-pass connecting both sides of
said river bottom property must be kept inorder that livestock
may be shifted from one side to the other.
Condition 5. Until final completion of the "Lane Valley
Bridge project, temporary fencing will have to be constructed
at no cost to the Landowner, as bottom land is under lease
contract.
Condition 6. The drainage ditch located to the western edge
of the property draining water from Highway 2'] to the Guadalupe
River over land owned by said landowner, Roy 0. Perkins III,
will be upgradod to prevent further erosion and flood damage,
to mooring of the weeds to the construction of a cement wash-
way from the current spillway to a point empting water
overfloca into the Guadalupe River.
Acceptance of said parcel of land to construct the said Lane
Valley Bridge in lieu of payment with all of the afore
mentioned conditions will be in writing to the said landowner,
Roy 0. Perkins III.
Sin erely,L
Roy Perkins III
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