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COMMISSIONERS' COURT AGENDA REQUEST
~a
~pEASE FURNISH ONE ORIGINAL AND FIVE COP i ES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: fHARI rF T1Tf;(;F$
MEETING DATE:
8-12-91
OFFICE:
TIME PREFERRE~ //.'~
SUBJECT: (PLEASE BE SPECIFIC) CONSIDERATION OF UTILIZING TWO OR
M(1RF I f1TC W1TNf111T R,EPLAT~IPJG FOR OCATING PRIVATE SEwFRA~F FAr.Ti rTTF~
EXECUTIVE SESSION REQUESTED
PLEASE STATE REASON
Y E s N o XXXXXX
ESTIMATED LENGTH OF PRESENTATION
PERSONNEL MATTER - NAME OF EMPLOYE:
NAME OF PERSON ADDRESSING THE COURT
CHARLIE DIGGES /DAVID LITKE
Tfine for submitting this request for Court to assure that the matter 1s posted in accordance
with Article 6252-17 is as follows:
~ Meetings held on second Monday; 12:00 P.M. previous Wednesday
* Meetings held on Thursdays; 5:00 P.M. previous Thrusday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON : ~
A11 Agenda Requests will be screened by the County Judge's Office to determine if
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.
l~uadalupe Survey Company
Guadalupe Wastewater Company
313 B Mlll Run Road Kerrville, Texas 78028
Phone: 512-896-4125 FAX 512-895-3539
To: Commissioners Court
c/o Oavid Litke, R.S.
From: Charlie Digges, RPLS
State Licensed Installer
County Wastewater Treatment Designer
Date: August 5, 1991
Subject: Utilizing two lots For a building site, one for the residence
and one for all or part of the wastewater disposal system.
Dccasionally I and probably often, David Litke, is approached with the
idea or tempted by the idea ourselves of utilizing an adjacent lot For
drainField proposes. People sometimes wish to place their house on one
lot for the view and their best soil is on the other lot. Also, an
existing structure maybe ^n one lot with a failing drainField ^n that
lot. Sometimes the best place For the new drainField is ^n an
adjoining lot of common ownership.
The only excepted way to handle these scenarios in the past has been
to replat. This process is usually expensive and sometimes slow and
therefore rarely done. Other less desirable options are usually worked
out but you come away From the situation Feeling that a regulation has
prevented you From doing what is best. The land owner wants to utilize
all the attributes of his property and the Health Department does not
want the owner to sell off the adjoining lot without disclosing by
omission or Fraud the encumbered portion of the lot.
I have consulted with David Litke and Jimmie Peschel of Fidelity
Abstract in regards to a method to achieve our desired end without
violating any parties concerns. With this in mind I oFFer the
Following:
1. Have a registered professional land surveyor prepare a field note
description and a sketch on a legal size sheet.
2. The County Attorney can draw up a standard easement Form that can
be used repeatedly. The easement document can reFerence the attached
sketch and field note description and will require both the signature
of the owner and the Director of the Kerr County Environmental Health
Department t^ create and release the easement. This way the easement
can not be released without :the County's knowledge and consent.
3. Dnce executed the document is recorded in the easement records of
the courthouse. The title companies will pick up this document when
the property is about t^ change hands so no surprises are encountered
aFter the transaction is complete. y
KERR COUNTY
' - ENVIRONMENTAL HEALTH DEPARTMENT
101 Spur 100
~q o `~~ Kerrville, Texas 78018
-. (512) 89G-5101
MEMORANDUM
''To: Commissioners Court/ /~/
` - ~~-`~From: David L. Litke
~{~ : "
" ~ ~ Date: May 7, 1991
"~ .Subject: Utilizing two lots for septic system placement
The regulations state aseptic system and house must be on a lot recognizing all
property lines, easements and setback distances.
Many times an owner purchases two or more lots with the intent of utilizing both
. lots for improvements including placement of the drainfield.
," This creates a problem with possible encroachments, altering the original purpose
of the lots, and the need to replat.
On the good side the owner is decreasing the density of septic systems,
increasing the area for a drainfield, and increasing overall lot area.
To overcome the negatives and enhance the positives, I would like to propose the
-following:
"`~`~ ~If two lots as platted (not divided or a fraction of) are tied together
_ ,~; .`_~-~",` with a structure that has a permanent foundation (not a tied-down mobile
.: >.~ w.:.., ~...~ .
_ "~ ~~~°•~~ "" ~ home) across the middle property line, then replatting is not necessary
`` "' '~''~ ~ and the middle property line is no longer recognized. To accomplish this
- -the owner must provide the following:
_'~ - -
1. There are no deed restriction violations for the structure and its
" placement.
- ~ 2. There is no easement encroachment.
~. ~ ~ 3. There are no other setback violations.
4. If any of the above exist, a letter from the appropriate entity will
be required showing no objections for allowing the encroachments.
This may be the electric, gas, telephone, water companies,
developer, homeowners association, property owners association,
. architectural control committee, building committee, etc.
If conditions are not met in any of the above, then formal replatting is
required.
The benefits of this action are:
1. Enhances the development of property.
2. Saves survey costs.
3. Saves re-numbering and re-identification of the property which in
turn affects title and loan paperwork.
4. Provides practical approach to enhance site suitability for septic
systems.
5. Enhances sale of property, especially existing small lots.
6. With the structure on the middle lot line it effectively prohibits
the selling of one lot and possible a portion of the septic system.
egg