ORDER NO. ~c_54~
AP'P'ROVAL OF PURCHASE OF RIt3f-!T OF WAY FOR
'THE BU I LD'i CVU OF A ROAD l"MROUGH L I LL_ I AN P'ALMER PROPERTY
On this the 1,3th day of Febr~_iary j.99`, ~_tpan matian made by
Commissioner l~iolekamp, seconded by Commissioner Lacl{ey, the
Ca~_~rt unanimously approved by ~ vote of 4-Q~-Q~, to approve the
p~_ir~chase of a right caf way to b~_~i.ld a road thro~_tgh the Lillian
Fulmer Property to ad.jain the McDonald Loop and authuri~e ttie
Raced and Nridge to da said constr~_~ction.
CvMMISSIONERS' COURT
" PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
-- DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Leonard Odom. Jr. OFFICE: Load & Bride Department
Franklin Johnston, P.E.
MEETING DATE: February 13, 1995
TIME PREFERRED: offer 1:30
SUBJECT:(PLEASE BE SPECIFIC): Consider road through Lillian Palmer Prosy .Pct. 3.
EXECUTIVE SESSION REQUESTED: YES
NO X CL
PLEASE STATE REASON: Consider building road.
ESTIMATED LENGTH OF PRESENTATION: 15 minutes
PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston. P.E.
Leonard Odom. Jr.
Time for submitthg tt~s request for Court to assure that the matter is posted In accordance
with Amide 6252-17 is as follows.
Meetings held on first Monday: 5:00 P.M. previous Tuesday
Meetings held on Thursdays: 5:00 P.M. previous Thursday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: ~
All Agenda Requests will be screened by the County Judges Office to determine if adequate information hoe been
prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation wiN be
appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda R~-n ~+
Guidelines.
-~/
Memorandum
To: Conunissi~~lers' Cvurt
From: Fraf~klifl.Iohrrstoi~, P. F,.
Leonard Odom, Jr.
Date: Febrr~arv 13, 1995
Subject: Road through Lillian Palmer Property
Road & Bridge has been asked to bring to the Commissioners' Court the possibility of building a
road through Lillian Palmer property connecting McDonald Loop and Lazy Valley Road.
We ask that you consider the following items as you make your decision.
1. The cost to be incurred:
Purchase of 0.3 acres for right-of--way $2,000
Title Policy	278
Voelkel's charge for Survey	590
2 Cattleguards (16ft & 18ft)	2,090
Base Material	8,358
Seal Coat	2.310
$15,626
2. Not all of Lazy Valley Road is county maintained. The road across Lillian Palmer's
property would tie into Lazy Valley on the portion that is not maintained. For Road
& Bridge to legally connect the roads would you need to accept .90 mile of Lazy
Valley for county maintenance? Will the landowners pay to bring this portion of road
up to county standards before it is accepted? Would we not need to use the same
procedure used in accepting a subdivision road for county maintenance?
Cattleguard (16ft) l ,000
Culvert (24 LF of 18") 235
Base $19,000
.Seal Coat 5,100
$25,335
~ ~ ~~~'
Total of Complete Project
3. How many people will the road serve?
4. Will this shorten the bus route? How many children are affected? Since Comfort
ISD is paid by the number of miles they drive, would this reduce their revenue? If the
school bus is to use McDonald Loop as a shorter route, will they ask us to improve
McDonald Loop? McDonald Loop is not scheduled to be reconstructed until 1997.
Commissioners' Court sets policy for Road & Bridge and we implement the maintenance and
construction. For almost 4 years Road & Bridge has worked within the budget to bring all county
maintained roads up to the current standards. We project that it will take 3 to 4 more years
before this can be accomplished at the same rate of funding.
It is our belief that all public roads should be maintained by the county if they can be brought up
to county standards. However, Kerr County has an estimated 400 miles of road (mostly
substandard) that are not currently maintained. The question remains, funding.
Acceptance of roads for county maintenance remains an ongoing problem for all of us. We have
studied many possibilities and have found most of those currently on record are the most effective
at this time.
Attachments:
Drawing/Survey of the proposed road
May 1993 study showing current policies
Article by Stan Reid about the evolution of county public roads.
SURVEY PLAT 0.30 ACRE OF LAND MORE OR LESS, OUT OF B. S. & F. R.
R. SURVEY NO. 2, ABSTRACT NO. 1040 IN KERR COUNTY, TEXAS; PART
OF A CERTAIN 10 ACRE TRACT CONVEYED FROM RICHARD CLINTON
QUARLES, JR., TO LILLIAN ANN QUARLES BY A SPECIAL W~~IZRA,NTY
DEED EXECUTED THE 1 GTH DAY QF NOVEMBER, 1988 AND RECORDED
IN VOLUME 491 AT PAGE 370 OF THE REAL PROPERTY RECORDS OF
KERB COUNTY, TEXAS
\ 100 FT. WIDE LOWER COLORADO R1VER
\ AUTliOR1TY ELECTRIC LINE EASEMENT
N~°~'~'
\ S
ors `~/° ~ ' \
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SCALE: 1" = 50'
LECIEND
• existing !'i" irat stake
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239-A	~a~
CURVE DATA	
A- 71°OD' -	--~'~
R - sD. l i'	
A ~ 62.09'	
	
38.19'	
CURVE DATA
A ~ 71'00'
R~ 90.11'
` A ~ 111.63'
LC ~ S. i 6.19'E.
101.64'
303
o set 1S" iron stake
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fence ~ M °
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/ MCDONALD LOOP
240•D SO ~' WIDE P(JBLjC ROAD CEMENT 240-A
NO'EL'; 'i7act nurobrn slwwn aro referenced fran 11N
unotTicini subdivision plat aCB. dt R Randrea
(Volwne 1 Page 137-A~
I hereby eertiEj+ that this plat is tm accurate representation of the property shown and
described hereat as detenitined by :survey made on the ground undo my direction and
supervision, except no survey was made to reestablish Patrnt Survey lines or ~.nmen; and ail	
property cor:ters are ss shown	,` ~ ~ O r 1.
	~P~G~s 7e;yF-f-9
Dated this 11th day of January, 1995	: ~ ~ G
•
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1 ~ _	lEE
C.
VOELKEL
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~	~~:v 3909 p:Q-
Lee C. Voeiket
~ZegiAered Professional Lard Sun eyor No. 3909
County Surveyor for Kerr Count}•, Tcxas	
Y2O ~ e s , . ~~'~
S U F;
~p ~ ~nJ?r~, (G~ S~JI~1~ . PHONE 210-257-3313 . 272 CLAY STREET, KERRVILLE, TEXAS 7t?1029
Evolution of a county public road
To get an idea of how a road becomes a public road, one
would have to go back to the beginning of this nation's
history, according to Assistant Kerr County Attorney Stan
Reid.
Way back, when this nation first began spreading its
roots, people would often use a trail that had been semi-
cleared by another hunter, explorer or pioneer.
Over so many years, these roads became commonly us-
ed by the public, becoming more and more established as
'convenient routes of transportation.
Reid cites the trails from the cattle drives of San Antonio
as a good example of public use of a road.
"The road arises through public use. Most small county
roads in Texas developed, this way," said Reid. "The pur-
pose of the government,~then, is 'simply as an overlay. It
is a mechanism with the collective resources to take care
of the roads."
However, it was not until just recently that roads have
been referenced on deed records. It is often the case that
the original road was never made a part of the original
meets and bounds of the property's plat, and the property
was. never resurveyed.
Reid~said it is important to understand that every case
is different,'and that the entire situation with a~given road
couldchange with only one fact.
"Assuming the facts are all there, and if the records show
the road has been used by the traveling public, then it is
considered a public road," said Reid. `. `Owners who take
benefit of the road; or have used it as a public road,
acknowledge by their actions that the road is public, even
if they are paying the taxes on the property."
If a person owns property, and sells the county an ease-
ment, then the property owner still pays the taxes, and
the county accepts the surface use of the road by a seperate
order of the commissioner's court.
If a landowner deeds over the property in full, then the
county pays the taxes on the easement.
Reid said that the county is not necessarily obligated to
either accept or maintain any roads in the county. When
the county does accept a road or agree to maintain it, be
it once a year or once every ten years, then it becomes a
county public road.
"Just being a public road doesn't make it a county road,"
said Reid. "It has to be accepted by the county either by
implied dedication, whereby the county maintains the
road, or by a formal decision of the court."
t J_.
ACCEPTANCE OF
NON-COUNTY MAINTAINED ROADS
On May 4, 1993, the Kerr County Commissioners asked Leonard Odom, Jr. and
Franklin Johnston, P.E. to form a committee to study Kerr County policy for accepting
non-county roads into the Kerr County Road Maintenance Program. Representatives of
education, finance, real estate, engineering, surveying, safety and Commissioners' Court
were brought together to represent a wide range of Kerr County citizens and their
interests.
This Committee met June 2 and June 9, 1993. After careful consideration and
review, the Committee agreed on the following recommendations for presentation to the
Kerr County Commissioners' Court.
RECOMMENDATIONS
TO
KERR COUNTY COMMISSIONERS' COURT
-- I. USE COURT ORDER #16776 FOR ALL ROADS PUT IN BEFORE 1984.
Court Order #16776
August l 1, 1986.
Gn~idelines for acceptance of roads to be county maintained, regarding roads
constructed prior to adoption of Kerr C,'ounty "Subdivision Rules and Regulations"
On this the 11th day of August 198b, upon motion made by Commissioner Lich,
seconded by Commissioner Guthrie, the Court unanimously approved guidelines
submitted by Kerr County Road Administrator, Jack C. Smith, for "Accepting Roads to
be County Maintained", regarding roads constructed prior to the adoption of KERB
COUNTY "SUBDIVISION RULES AND REGULATIONS" that became effective
January 1st, 1984 and amendments to the regulations that were approved by the
Commissioners' Court on April 9th, 1984.
Page 1

ACCEPTING ROADS TO BE COUNTY MAINTAINED
There exists a need to establish a set of rules, regulations and procedures in order to
incorporate roads constructed by developers prior to the established subdivision rules
and regulations into our county road system. The following specifications will govern
the acceptance.
1. The proper width of the right-of--way shall be dedicated to the County.
2. MAJOR STREETS: Minimum width of right-of--way to be sixty feet. Muumum
width of surface to be 20 feet with a 3 foot shoulder having a 3:1 slope to center
of the ditch. Minimum width from center line of ditch to center line of ditch to be
no less than 32'0". Minimum base coverage to be 6" in depth and 20' feet wide
with 3" crown.
3. SECONDARY STREETS: Minimum width of right-of--way to be fifty feet.
Minimum width of surface to be 18 feet with a 3 foot shoulder having a 3:1 slope
to center of ditch. Minimum width from center line of ditch to center line of ditch
to be no less than 30'0". Minimum base coverage to be 6" in depth and 18 feet
-- wide with 3" crown.
4. MINOR STREETS: Minimum width ofright-of--way to be forty feet. Minimum
width of surface to be 18 feet with a 3 foot shoulder having a 3:1 slope to center
of ditch. Minimum width from center line of ditch to center line of ditch to be no
less than 30'0". Minimum base coverage to be 6" in depth and 18 feet wide with
3" crown.
5. STREET NAMES: Street/Roads which are in alignment with existing county
streets/roads shall bear the same name. All other streets/roads shall be assigned a
name agreeable to atl concerned property owners. In no case shall the name
duplicate existing streets/roads names nor shall like sounding street names be
permitted, regardless of difference in spelling or suffixes (I.E., Street, Roads,
Avenue, Lane, Place, etc.)
ALL COST TO BRING ANY ROAD UP TO THESE SPECIFICATIONS
SHALL BE AT EXPENSE OF THE PROPERTY OWNERS.
Page 2
II. USE THE CURRENT KERB COUNTY SUBDIVISION RULES AND
._ REGULATIONS FOR THOSE ADDED AFTER JANUARY 1, 1984.
1. It is strongly advised that the "Subdivision Regulations" be used during the platting
process of private roads. Any private road that is to be built outside of the County
specifications should have a disclaimer placed on the plat.
(Example: It is specifically understood that these are private roads. These roads will not
be submitted to Kerr County for County maintenance at this time or in the future. If at
any time these roads are submitted to Kerr County for maintenance, such roads must be
improved to comply with the subdivision regulations of Kerr County at the time of such
submission for acceptance and that the cost of such improvements to the road will be the
sole responsibility of the then owners of the tracts in the subdivision.)
2. All platted roads should be inspected by the Kerr County Engineer before the
platting process is completed.
3. Any intersections of roads or driveways adjacent to State Highway is subject to
prior approval by Texas Department of Transportation. All plats with such an
intersection should have a signature block for the TaDOT Engineer.
III. SHOULD MITIGATING CIRCUMSTANCES WARRANT ACCEPTING
ROADS OUTSIDE OF THESE GUIDELINES, THE COMMISSIONERS
COURT HAS THE RESPONSIBILITY TO FUND THE ROADS BEFORE
THEY ARE BROUGHT INTO THE KERB COUNTY MAINTENANCE
PROGRAM. THIS FUNDING TO BE OUTSIDE OF THE ROAD &
BRIDGE'S ANNUAL BUDGET.
1. Sales Tax to fund the program
2. General Revenue - ad valorem taxes
3. Assess the cost of repairs to the landowners.
(Example: Attorney General Opinion DM-126 -SUMMARY: A commissioners
court which orders improvements to a road in an unincorporated area of the county as
the result of an election held under article 6702-3, V.T.C.S., may delegate the details
of the process of collecting the assessment against the affected property owners, and it
may also determine the precise formulas for calculating the assessment, with special
regard for the particular benefits which will accrue to each property owner. The costs
of holding the election and collecting the revenues may not be assessed against the
property owners.)
Page 3
.~ COMMITTEE SUMMARY -Every citizen in Kerr County made a choice when
helshe purchased property. With this choice they also chose a standard which was
reflected in the price of the property. It is not the responsibility of Government to
upgrade this standard by improving the roads, but that of each property owner.
Respectfully submitted by;
%'~ /~ _
.~! ~ ~ _r ~
way ' 'ehl Ja es Engelmann
Roadway Mainte„ance Supervisor S perintendent
Texas Department of Transportation unt Schools
s
Administrator
~~`
---_~
hman
Kerr Co,~nty Commissioner, Precinct 1
.~
r
' ~ '' ~~ i
_. ~-' on WiIlanson Lee Voelkel
Vice~residentBeal estate Kerr County Surveyor ,,
First Natidnal Bank
_. ~~:
Tranklin Jo ~~on, P.E.
Kerr Coun~y Engineer,-
1'~t;c 4