ORDER NO. 22541 APPROVAL TO RELOCATE ROAD THROUGH DAN SPENRATH PROPERTY On this the 13th day of February 1995, upon moton made by Commissioner Holekamp, seconded by Commissioner Lackey, the Court unanimously approved by a vote of 4-0-0, to approve the relocation of public road easement for Kott Road on the Dan Spenrath property. This road is not to be conunty maintained after the work is completed. CVMMISSIONERS' COUR I ~' PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Leonard Odom. Jr. OFFICE: road & Bridae Department Franklin Johnston. P.E. MEETING DATE: February 13, 1995 TIME PREFERRED: after 1:30 SUBJECT:tPLEASE BE SPECIFIC): Consider road throw h Dan penrath Property Pct 3 EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON: Consider building road. ESTIMATED LENGTH OF PRESENTATION: 10 minutes PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston, P.E. Leonard Odom. Jr. Time for submitting this request for Court to assure that the matter is posted in accordance with Article 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: C~? A)I Agenda Requests will be screened by the County Judges 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. Memorandum 70: (101111771.5.170)lE'1'S' ('01!1'1 from: Frrnlk/in .Ioh/1.51011, I'. F,'. I C'ORLITCI (~CJOIlI, ,~l•. I)a1e: f ~'brrlart• J3. 199 Srlhjecl: Prrhlic• KOacJla.Selllelll (Kola RO~IcJ) OIr I)cm Spetu•alh 1'rOJ)e'rh~ Road Rc Bridge has been asked to bring to the C'ommissioners' Court the possibility of building a road through Dan Spenrath property off of Wilson Creek Road in Precinct 3 as an alternate easement for neighbors. We ask that you consider the following items as you make your decision. 1. The cost to be incurred: Title Policies 5 a $278.00 $1,390 Voelkel's Survey Charge 875 2 Cattleguards 2,000 Fencing ~ 1,400 Base Material 3,500 Seal Coat 850 TOTAL $10,015 2. Is this to be funded out of Commissioners' Court Contingency Fund Line Item # 10-401-571.? 3. Since this is not a County Maintained road, does it fall under the Neighborhood Statute? (Article 6702-1, Section 2.006, V.T.C.S.) Attachments are as follows: Drawing/Survey of proposed roadway. Court Order #21991 May 3, 1994 Court Notes June 24, 1994 Letter to Spenrath Attorney Aug. 10, 1994 Letter to Spenrath October 25, 1994 Article 6702-1, Section 2.006,V.T.C.S. SURVEY PLAT FOR ATWENTY-FIVE (25) FT. WIDE ROAD EASEMENT UPON, OVER AND ACROSS THC DAN SPENRATH AND RAUL DORADO LANDS OUT OF OLIVER P. MOORE SURVEY NO. 29, ABSTRACT NO. 252 IN KERB COUNTY, TEXAS npproximalc lacaliun of Wilson Crcck ~, cnilcrlinc ofexiating paved road y a~ Cana O° .°: 0. ,~ 00 Q 0000 i~ ~ n .~ oa~€ ~~>°z° F- U 189°53'~ ~s.~' ~ ~ ° I F z w w w a w O r L r .I ~I In N I Q I N_ O ~1 dI zf I ~~--~- N $q`53'n' ~~ Dry ~`~~ ~/ -1 ''y9 ' ~1~o WILSON CREEK ROAD O~1~uj . PUBLIC ROAD EASEMENT _~ ••. \\°, \ s . ~~. ?9~~E . ~ for Kcrr County, Texas 480419 0300D) ~~/ o. ,~ - r/` ~/ /'~v 25 Fl'. WIDE ROAD CASEMENT ~ / ~~ ~~~ N epproxin~ale location of Zane A (Ref: ploocl liuurance Rate Map 536°2$~~ !'` ~-7.64' ~.-.. ,~ i'" SCALE: 1" = 40' lU LEGEND a o srt ~~,~ iron sake 8 • rcnccpost ---#--- fcnco DAN SPENRATIi I ~a i~oar~oi~ c~ arse PHONE 210-257-3313 212 CLAY STREET, KERRVILLE, TEXAS 78028 ` • 1' ' . 1 J , =>in~~, .:~~~,~>ii~a~:~ 3 ray ~ nlr.,,is,_;ionc•r CQhler, the ~~proved by a vote of 4-0-0, to authorize ~r' :~ 0£fi~:e to wri t~-. a letter to Mr. Spenrath E<<>t.i: T.,,_3iir~ i~, .a ce,i.irity road used by the -ie,u l ~~ n~~t h~~ any l~~ck:~ obstructing the aci . 1 t t. + ....' ''I'fs. ,. ___, _.~ +e+.~r....~ . .._.. £*Tt ~~'~ .~ 1.~~ :~ F" ~ i' ,i ~': !~ . . t ,__ i' ~~ ~' r ' ' L ,? ,~ d~ "~ ~i ~. i i . 3A, ,x~ #~t,'~ `4~.rler havin~~ the County Attorney write a 1.<~-: ' }'~~by`¢'Dan Spenrath on the County Road known as F'n- Franklin John:~ton, County Rngineer addrezssed the Coartr stating nn Juno 2~1, J.~)9/!, }}e and Mr. Odom met t4ith Mr. Spenrath .tnc~ Mi~. }3i~~tm~tn, t_.o d=Lscuss the acce:.s of the roan. They circ~v~~ ot1t. to t'.hc~ :l~~<.~;tf.irn in question and at that time Mr. Sh~rrt'it .at:h :; I,~,tl.~.•c.l ttr, wait 1 ~l give r1n P~zsemc~rt± t~~ the County *~~ correct i..he ro:~c.i . Mr. ~_toltrt:> eon stated r.~t;, fs LF.I+:c,'r dfate Mr, Spenraj~h stated ho dir3rt' ~.: w~_tnt to give t.hn County the easemer.+., and he also w~~nted ~-- iet~~.er written from the County Attorney' r: Office stating t.h~xt this. w.=~<> a County Road. Ilsa Bailey, Assistant County Attol~nt~y stated a letter w~zs written to Mr. Spenrath that. there would be no obstructions on this road and if there was j:hat h~ was to remove them. Mr. Spenrath stated he had put a lock on the gate but all parties involved new'~exactly where the key was kept in the event o£ an emergency. The Sheriff's Department knew where the key was also. Mr. Dorado's Property is between Mr. Spenrath's and Mr. Biehman's Property. They have an access to Hwy 27 directly. TiZey have there own easement. My house is not tar from the road and Mr. Dorado's kids pass by my house just for pure me~,nn~~ss. They do obscene jesters to my wife as they drive ray the house. I have reported it to the Sheriff but i.herc~ i:s nothing she can do because they don't do anything when she i~ zlround. I'm so ,=tfraid ,eg^tiated bet~~reen your client and our road & bridge department. Please emphasize that the county does not intend to take the position that it has any right to extinguish what it perceives to be a public easement now existing at the location of the current roadway. In our view this easement continues to exist, and may even be a deeded easement in some neighboring property owners' deeds. What we are trying to do is assist all parties involved to reach a sol~utiorl that will avoid litigation, provide public access to the areas nova being accessed by the current roadway, and make the new road more appealing to traffic, so that the public will choose to use t'rle new roadway, rather than the roadway next to your client's home. I will ask the county engineer to contact you so that the details can be worked out. If you have any further questions, please feel free to call me. xc: Franklin Johnston Kerr County Engineer Glenn Holeka;ap Kerr County Commissioner Precinct #3 Best regards, Ilse D. Bailey Assistant County Attorney f ~~, O4'/ OI CL ~' OFFICE OF THE COUNTY ATTORNEY K:ERR COUNTY, TEXAS Courrrx Couxntouss, SUriB B20 700 EAST MAIN STR88I' KsRRVaLa,'I~tAS 78028-531a TffisrHONe (210) 8965338 Fwx (210) 896-OSO4 DAVID M. MOTLEY, worm ATTORNEY IisB D BAIIBY, Aasrm.raunrrwr~r HAROLD J. DANFORD, AssttrN+r wuwrtr ATtriQ&Y October 25, 1994 Mr. Dan Spgx~2`ath P.O. Bo 03 Comfg~, Texas 78013 Re: Public Road Easement On Your Property Dear Mr. Spenrath: It is my understanding that since my letter to you of May 9, 1994, there have been several conversations between yourself and ~- Commissioner Holekamp, as well as representatives of the Rerr County Road & Bridge Department. Since we have not been able to reach an amicable resolution of the situation, I must at this time make the county's position clear, in order to avoid potential problems in the future. y- .. Kerr County takes the position that the easement which runs next to your house is a public easement, by virtue of the fact that it has been used by the residents of the area as such for over forty years. Additionally, we have a sworn statement from a former county commissioner and former county employee to the effect that the county maintained this road on a sporadic basis (as needed) throughout his service as an employee of the county and later throughout his tenure as a county commissioner. Furthermore, we have researched county commissioners court records, and find that this road, or at least portions of it, were dedicated to the public as a neighborhood road by the landowners on November 11, 1909. We understand that although you have expressed your extreme dissatisfaction with the traffic on this road going right next to your house, you have rejected all efforts by Kerr County representatives to plan and construct an alternate route to replace the current route. This being the case, Kerr County now places you on notice that the county~s offer to construct an alternate route will be withdrawn effective October 31, 1994, unless I receive ._. written confirmation from you by 5:00 p.m. on that date that you have accepted the proposal previously made by the county Road & Bridge Department representatives. After that date, if we do not ..-. receive such written confirmation from you, you will have to deal with the traffic in your front yard as you see fit. Please note, however, that it is our understanding that some of your neighbors may have deeded easements that permit them to travel on the route currently existing. If this is the case, your creation of another roadway will not extinguish their right to travel on the current roadway, which remains next to your house. Additionally, you are hereby placed on notice that any effort by you to block the current public roadway easement will result in legal action, since the county has a duty to protect the vested rights of all citizens in the public roadways in the county. In other words, you have the right to build roads anywhere on your property that you see fit; however, the public (including the Biermanns and the Dorados) are not required to use them. If these individuals choose to do so, they may continue to use the existing roadway next to your house, and you may not obstruct this right. We hope that you will avail yourself of this final opportunity to take advantage of the assistance that the county is willing to provide to reach a settlement of this problem. However, you have every right to choose otherwise . I strongly advise you to seek the assistance of counsel before making a decision on this matter. Best regards, xc: Mr. Frank Manitzas L~!~• Joe Biermann Franklin Johnston Ms. Arlene Biermann Konde Commissioner Glenn Holekamp Ilse D. Bailey Assistant County Attorney 2 i ,... .. .. .,. '. ~ ~ r ;. ,.,. - ., _ ,. ° .. ! ~ r .. - ~ - F r ~° f , ,~ 'a ~ ' - ` 1: ~" = l~ e ~~, ~ ~ y ~ . ~ ~', ~u,fiuen`. ;mportance. 'I"h ~ ~~ ~ ~,~ ~- E owner ma a=~ ear f .ys ~`~ ~, ~ ., t ~ £ ~, s from ud r vent of ... Y t P ror.°, the assessm~ r ~. ,, -, ,y ) b• justice coar~.4, buc the a~ ca..` `~pi~.,: ~' , -,~~ r ~ ~~ ~ ° ~~~' opened, but shall be onl FPeal sr~all not preti-t r, r. ;he ~.. 5-;-~ t :, ~ ~~ o-r • ` ~ ' y to fix the amount of damages. '~'fid `~~ ''~' `'~'•~'K nest- '?~ d ~ ~ --c Roads across public land. - ~~,~ c~ ~ Sec, 2.005. A public road may not be opened across land owned c ~' z ,~ *i 1 ~,F; for actual use by the state, educational, eleemos and wed or intended ~ ,~~ _ for public purposes and not subject to sale undermtl~e general laws of the stat~e,~ thou ~ ~• "` _~4- the consent of the trustees of the institution and the a x { ? E~.r opened before September 1, 1925, across the land may be lclosed , byvthe suthontiesa in A ~:~, ~ ~ ~ ~-~ , charge of the land whenever they consider it necess ~,~' ,~ ~ _~ state, on repayment to the county ~'Y to Protect the interests of the ~ ., , S, ~ ~~, - the amount actuall where the land is situated, with eight percent interest, ~~~ x Y Paid out by the county for the condemnation of the land as shoo-n by `~~ ~ ~ ~ ~ ' the records of the commissioners court. '..~ ~~ ~ 7'4r je{.. of ~ - _. _ _ '` Neighborhood roads ?' Sec, 2.046. (a) The commissioners court may declare as a public highway any line ~r ,~L k ,4 .r `f between different persons or landowners, any section line, or an i" r`~. ~ practicable route being one convenient to landowners while at the samce timle avo~ (a ~~ _~ ~~~',, hills, mountains, or streams ` ' ~ ; ~' conditions. through any and all enclosures), subject to the following ~ `: .:_:. aw _- ...~ ,. ., ~, .,~ (b) One or more persons, ~ firms, ~ or corporations, who are landowners into whose land 4. ,} .' ~} • there is no public • road or public means of~ access and who desire ~an - connecting their land with the county public road system, may make a sworn a~ppji tioa ~; '` ~ ~' '~} ~ to the commissioners court for an order establishing the road, deli " <~ n ~,inw `~ `:~ r'~ ~ : ~~ ~ sought to be opened and 'the names and residences of the Jesting the lines a e ,~ ~; , '4 ~ - ~~. Proposed access road, and stating the facts that show a necesaiy far theme road, : by the ~ ~~ - ''" s ' ' ~ (c) After the a h ~ - . ,,. ,~~,; - pp 'cation is filed,' the county clerk shall issue a notice to the sheriff or z i ~ ' • ~ ~ ~, ~~ 1. Those summoned mus~a m' tO summon those landowners affected by the application, f n~: t .. ~s' t. PPem' at the next regular term of the commissioners court if they desire to contest the application.' The notice'shal] be served and returned as in the service ~i'r of citations in civil actions in ustice . .. t' ;A .. _ .:.(d) At a regular term of the court after due service of the^notice, the court may hear evidence as to the truth of the application, and if it a PP~nts have ao . x t ~ means of access to their land and premises, it may ipsauerean order d . `-~ `~.,~= a ~ ,'~ ~r designated in the application or the lines as may be fixed b them eclarmg the lines ~,~~~, a ~ ~ a public highway -and- may direct the public highway to be o aed~e owners ~ be open for a space of not less than lb feet or more than 30 feet on each aide of a designated ~~ '~ ~ line, but the marked trees and other objects used to dear surveys may not be removed or defaced: Notice of the order the ~~ and ~ COn°ere of on the owners and return of the notice shall be' made as previo~ns~~~~ ~_•°~ ~ ~~ section: ~A copy of the order shall be filed in the deed records in the office afdthe ~ clerk of the county." •• • •~ ~ •• • • - _ • _ _ _ ~~~(e) TheJdamagea to~ the~laado. „~: :". ,.'.- ' - '•~ • " - .. wners shall be .assessed by a lury~ of landowners; ~ for ~. other public roads, and all costs attending the proceedin paid by the county.. The commissioners court is not requ~ed to k~p~~e~ o ~ by ~~~ the roadhands as in the case of other public roads but shall ;; instance in condilaon for use as J~ccess public roads. ~ ~ .. P~ -fie ~~ in the first ~- (f) Once the commissioners ~cou1-C has designated a public mad under. this section .that '~ ~ involves an enclosure of 1280 acres or more, ,a r'~ refuses for 12 months after legal notice to leave poersoa or. owner who fails neglects, or - k _ for. lb feet on his side. of .the designated line commits awn off ns~e a~d s~ be m~_ sot ~~ ~ ~', more than $20 per month. after the first 12,months. ~ .. . .~~ :: r,_+.. y,,i , es~ Of T08d1 .l - .. 3:1 _ .._:. ;9 '" ,= ~'' ` as fol ^ 2.007, . (a) ~ The commissioners court shall class J .aJl ::u ~ ~--~': ~. ~ : ~':v.... T'' w M ;: ;,, . lows:. ~ ;o., . ,; ;i ,i:= -~- ~, ~' P blic roads m.their counties . .'J .' J r. !! ~Z t . 4 11 • ~I . 4 i - , , t