QRDEf2 N0. ~a753 RPPRUVaL dF "fHE F'REL.IMIMARY pL~~T OF SHiaLAi.q ES"ffJTES, SECT":tQN THRF_E On this the 9th day of December 199E, upon motion made by Commissioner• Gehler, seconded by Commissioner Lehman, the t:o~_~rt unanimously approved by a vote of 5-2-0, the preliminary plat of ShaJ.ako Estates, Section Three with thEi changes marked on the plat, specifically extending 1_ightning Spur so that all lots in this subcJi.vision has access to a co~_aity maintained roc~~d. Subdivision Name Shalako Estates Section Three Date Initiated 6/24/96 Developer Perry Bu shong surveyor Lee Voel ............................................... kel Phone # ~.7...33.1.3 ........................ ................................................................................................. YeslNo Approval Dates 8 Numbers Plat yes Replat Prelim Conference Dat Court Order # ............................ Minor Replat City ETJ n0 Preliminary Court Date 7/1 /96 Court Order# 23395 City Approved public Hearing Date 8/12/96 Number of Lots ~ Final Plat Date Court Order # County Clerk Dues Paid 190.00 Environmental Dues Paid 175.00 On Site Sewage Checked Flood Plain Checked Water Approved ey Whom Water Approved .ri.DLT.I[T.I~JLllxy...~(.1~@~~~ ................................................................................ ~._ Checked with 911 yes ............................................................................................................................... Telephone Co Checked yeS ................................................................................................................................ Electric Utility Checked yeS TxDot Checked .............................................. ... ............................................................................................. ........................................................................................... Roads yeS ..... ......................................................................................................................................................................................... Date Roads will be taken County Maintained ??? for County Maintenance Private Roads Date of Letter of Credit Letter of Credit Performance Bond Date Performance Bond Maintenance Bond Date Maintenance Bond Road Names Comments Truby/subplats.fmpro KERR COUNTY ROtfTINC SLIP fo r PRGLIM[NARY PLATTING Preliminary P{at FROM: [ J Preliminary Replat ~I~~i L i 1 ~Jf~ r, h_l~L~~~-~ ,~ A J PLAT NAME• V~ ~. ~ .~ AGE1~iDA DATE REQUESTED (Plats are to be considered and accepted for the Commissioners Court Agenda only on Road c`~ Bridge Day which is the first Tuesday of each month) 1 Submit four (4) copies of the plat to the Kerr County Engineer for review fifteen (15) days prior to next Road & Bridge Commissioners' Court Date.** Received Date 2. Submit one (1) copy of Preliminary Plat to County Clerk and arrange for payment of fees per Kerr County Subdivision Rules & Regulations. [ ]Preliminary Plat [ ]Preliminary Replat CJ~% Amount Paid $ _`~ ~___ Signature: ~.- 3. Submit one (1) copy of Preliminary Plat to Environmental Health Department. [ ]Permit application and support data for On-site Sewage Facilities [ ] Flood Plain information z~ ~~~~ Fee Amount Paid $ __ _ Received Datc (over) 91 1 STREET NAMES (if applicable) The attached Plat is for Preliminary Review. The Subdivision name and the street names shown on the plat are not duplicates, and are approved for the Final Plat, according to 91 1 guidelines. (Add this as signature block on plats.) Discuss with Surveyor/Engineer any potential problems and assign street numbers. Signature: (Frank Felts, 91 I Director) Date 5. IPPlatting includes any utility easements or changes to an existing easement notification of the Utilities involved are required for Preliminary Plat. Utility shall give SurveyorlEngineer easement notes required. 1. Telephone Company 2. Electric Utility (This shall be added to Final Plat if applicable} FAX copies acceptable. 6. If Platting has access to Texas Department Of Transportation Roadway a copy of Preliminary Plat must be reviewed by the TXDOT Engineer Signature on this form indicates receipt of Preliminary Plat, sign mylar for final approval. Signature: (Bill Tuckcr, P.E.) Date xx This completed form must be returned to the County Engineer seven (7) days before Road & Bridge Commissioners' Court Agenda Date If they are not received before 4:30 on Tuesday, they will be held until the following month. Majority of Record Owners _, Shalako Estates North Cloud Drive, Kerrville, Texas 78028 Voelkel Engineering & Surveying 212 Clay Kerrville, TX 78020 210-257-3313 27 August 1996 The residents and property owners of Shalako Estates are not opposed to a well engineered and executed development of existing and adjacent plots. They do expect any future development to comply with existing county standards; and where county standards do not exist, to comply with good engineering and construction practices. They are opposed to hasty development that does not thoroughly consider both the short and lony-term effects on the rights of current owners. As you are aware, our community has the obligation to return to the Kerr County Commissioners Court within 60 days from August 12 to provide our assessment of the proposed Replat. We would like to return with a positive assessment. To assist us in reaching a consensus based on facts, we ask that your firm provide answers to the following questions: .. 1 Will the water drainage plan. • Provide detailed drainage information for the proposed replat area? • Quantify the volume of expected additional run-off and the capacity of planned run-off routes? • Provide details of how the run-off from the replat area will interface with existing or new drainage routes within the Estates? • Show the expected courses of drainage from origin to Goat Creek? 2. With respect to the road network: • How will traffic flow be regulated at the intersections of Hunter's Point, Lightning Lane and Thunder Road? • Will some sort traffic control signs be erected (stop signs at Hunter's Point and Lightening Lane's intersections with Thunder Road)? • Will safe speed limits be established and posted? • Are there any plans for correcting road inadequacies within the existing subdivision? • Who will pay for maintenance of Lightening Lane & Lightening Spur prior to County acceptance of responsibility? • Is there any plan to raise the low-water crossing? Thank You, Ray Baldwin 895-2992 8R]/96 2 5] PM swunoe ooc Dan Harvey 257-5921 Riley Kerr 895-3217 ORDER N0. 23395 APPROVAL OF PRELIMINARY PLAT OF SHALAKO ESTATES SECTION THREE RND SET A PUBLIC HEARING On this the 1st day of July 1996, upon notion ^ade by Connissioner Oehler, seconded by Connissioner Lehnan, the Court unanimously approved by a vote of 5-0-0, to approve the preliminary replat of Shalako Estates :and set public hearing for August 12, 1996 at 10:00 A. M. W}IEREAS, tt[e above described property will be conveyed subject to certain protective covenants, conditiorte, restrictions, liens and charges as hereinafter set forth) NOW, TIIEREFORE, IT I5 DECLARED tYtat all of tits property described above stroll be held, sold and conveyed subject to the followiny easements, restrictions, covenants and conditions, which are for tits purpose of enhancing and protecting the permanent value and the desirability of, to promote and protect the rights of the people to PRIVATE OWNERSHIP OF LAND, and wlticir shall run with tits real property and shall be binding upon, and shall inure to rite benefit of, all parties having any rights, title, or interest in or to the above described property or any part thereof and their '. heirs, successors and assigns and wYticlt easements, restrictions, covenants and conditions shall inure Co the benefit of each owner thereof and rite seller (Grantor). I. USE RESTRICTIONS 1. Non-Commercial Use of Lote, None of said lots, or tits improvements erects t ereon, s all be used for any pu;pose other than private single family 'residence with the usual artxi customary accessory buildinys suc}t as, bu! not limited to, garage, guest cottage and servants' quarters. No lot, or the improvements thereon, stroll be used for any commercial purpose, except that nothing herein shall be construed to prevent an owner from rendering professional services of a purely personal nature as Tony as such services do not attribute to the to l- any appeara[we of a conmrercial or non-residential use. 2. Construction oL"DUild'in s and Other Structures. All build ngs an structures on sac ot,sta e o new conetructiorr and arcltitecurally in Harmony with tits primary residential buildings. No unpainted sheet metal or fiberglass structures shall be placed on any of said lots for use as an accessory building. No tent, Itousetrailer, or temporary structure of any character may be placed, constructed or maintained on any of said lots. No mobile (tomes or modular homes shall be permitted on any of said lots. Motor Ilomes and travel trailers may be stored under certain conditions, however, they shall not be used as a residence nor can they --- be hooked up to sanitary facilities. No unpainted metal roofs shall be permitted on any lot herein. All roofs roust be medium to dark in color. No yarage shall face any street in this subdivision. 3. Size of Duildin and Structures, Not more than one primary res enca std a constructs on any of said lots. In no event shall any residence be erected ort any of said lots ltaviny a liviny area of less titan 1000 square feet, exclusive of porches, garages or other appendages, nor which is less titan fifty per cent (508) masonry construction. An attached garage with the capacity for two or more automobiles is required on each lot. - 1 - .lu, 'Trash and Garbage. No trash, garbage, construction debris, or osier re use may a dumped or disposed of or allowed to remain upon any lot, vacant or otherwise. No building materials of any kind or character shall be placed or stored upon the property until the owner is ready to conunence in+provements and theft such material shall be placed within the property lines of the loC. No noxious or urtdesirable thing or use whatsoever shall be permitted on any lot. The Couunittee shall determine noxiousness or undesirability and its decision shall ~e conclusive pn all ,arttea. ..~ - li- Sabdvidin<. • No lot-, as that term is def'ifed° •• herein, may- eh re-Subdivided by the owner, exoept ae followst ( LoC No, four (4) may be re-subdivided into two (2) \ parcelsr and Lots five (5), six (6) seven (7) and eight {(i) may ,~~,, ,•-~e, re-subdlt•ided into three (3) parcels each, each ,, .. garde! `tom ba t#o lea, kban.,_one .ill acre.~~eatalr.~ 12. Drillirty. No oil well drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted on a lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts bey permitted on gny lot. No derrick or other structure designed for use in lroriny for oil, natural gas, or other minerals shall be erected, maiutaiued, or permitted on any lot. l3. Covenants Runnin With the Land. These restrictions and covenaul-s are sere y des are t- 0 6e covenants running with the land and shall be fully binding upon all persona acquiring property in said subdivision whether by descent-, devise, purchase, asslynu+ent, contract• or otherwise, and any person by the acceptance of title to any loL•, tract or parcel~of land or entering into a contract for the purchase of same shall thereby agree and coveuanL• to abide by, and fully perforul all the Toreyoiny Restrictions, These Restrictions shall be binding for a period of thirty (10) years from the date they are filed for record in the Deed Records of Kerr Cowtty, 'Texas, unless clranyed or amended as provided herein. Said covenants shall Ue automatically extended, upon the expiration of said term, for successive periods of ten (10) years each. 'l'ife record owners of legal title of fifty-one per cent (516) of the lots as shown by Che Ueed !records of Kerr County, Texas, may amend or change said covenants in whole or in part at- any time, Any change or amendment shall be set forth and evidenced by a successor lustrumenL- bearing the signatures of the requisite cumber of record owners and Che recording of same in the office of the County Clerk of Kerr County, 'Texas, - 3 - ' , .......~lLUr..,..4u.r.. .. b.. .. ...n .........~........ r..._.....x ..,.. i, a.i. ~~ri..ls YY+lld•~Ilf.r t''I W.L;c.ji.e. atl...d u..~.... ....v.l_ _..a........ ...._1. ~: ~~:..~~.-~.....-.~ ~ l'O"I'AL SU[3M1"ITED ~ 175.00 'i'ELL'I IfONL'. INSTRUCTIONS: - 17te purpose of requiring ;ut auUtorizaaon is to avoid problems. hfakutg a decision on Ute proper installation oC on-sRC sewage Facilities during dte initial development of a subdivision prevents Ute maki»g of odter decisions that will not allow Hiles artd reeulations to be utet and prevent pollution or injury to public healllt. T1te information asked Cor rcytrires mt applicmu to Cully utvesdgate vtd contemplate proper sewage disposal. If tdlvt+'s Ute licensutg auUtorit}' to make art ittt'omted decision on the suitability attd use of on-site sewage facilities. :\ttached is Chapter ~~, Subdivision; of Ute Rules :utd Regulations of Kerr Cowrty, 'Iesas Cor On-Site Sewaec Facilities ut its entirety', appropriate sections from the Stale Construction Standards artd Article 5 Sec. C of Ute Ken Cuwny Flood Damage Prevention Order. Sec 9.02 explains the information that must be supplied. An U.S.G.S. map is also recommended to provide Borne oCUte uttomtation required. Complete the statements below to answer the utfonuauon requested in this,secdon. ,-~ _ _cc. 9.03 ewes Ute critical information required Cor detennututg lot size and layout. 1[ is important that a lot can accommodate a sewage facilih_' after natural Ceattues artd land ¢nprovements ;ue considered Don't Coreet drainage azea's and Dood hazard areas. Sec 9.0.1 is a public notice rcywrcutent Read e:yefulN•. Art organized disposal s}'stent is not f asible Cor Utis subrli~isiop due lo: economics. _. List Ute type wul ma~innmt sv_c of Ute proposed cottsuvclion Cor eadt lot. Bx:uuple: resideudaL ~ bedroom, 1300 sq. Lt. overage. Fur mstiluuun;d provide uwuber mtd type vCli~tw~es. le family residence - 1'250 sq._ft. The ISrfonuation provided Is complete to the best of nrv lutowledgc as required In Chapter 9. Ste rature Appltcaur FOR OFFICE USE ~AOproved Approved with Condidons _Dissapproved Comment: ~~ VOELKEL RNGINECRING & SURVIiYING, PLLC 17166 110777"' 212 CLAY STR);>;T p~ er~ ~ KERRVILLL', TX 78028 210-257-3313 ~'' ~ June 18 Itr96 3"~/113a o y I IDay fo sie A i fhe order oB KERR COUNTY IiN VI RONMliN TAL HGAL1'H DGPARTMCNT N ~ ~, ' ~ ~ 175.00 _ ~ o I. --------One Hundred Seventy-five'and no/100-------- r0 ~ m~ nil'„nn..: riin, i,i n.i, ,,nrn nil r~c.nn u~i, ~i~,,au~. „~i.. Ih ~l l;irti ~F i o=_ j Fee fo,r Shalako Lst. Sect. 3 I Z~ .~z ' , 7Y ii j 1: i 1 30000 2 31:6470 179 77911• QQ~ 17165 m ~ VOELKEL ENGINEERING & SURVEYING, PLLC - 212 CLAY STREET KERRVILLE, TX 78028 210-257-3313 ~. ~ June 18 ~y~ 96 3s-sm~n sia _ Pay to m ~ - 4he order of PATRICIA DYE, KEF.R COUNTY CLERK m VI ~ 190.00 ~ - _ ------One Hundred Ninety and no/L00--- ----------- Q - _ G^ _ Ur~ll:nv .~ _ .. _ ~.r~i ~° Replat Fee for Shalako Est. Sec. 3 ' i.2 ~ ) i i / ^~~ f ~LL.C_ , (_~(.(_~ ~:1 1 30000 2 3~:6470 179 779ur KERB COUNTY ROUTING SLIP for PRELIMINARY PLATTING Prdiminary Plat FROM: " C I 1 Prdiminary iZeplat ~c'' ~ PLAT NAME: /(~ v i i~ f u rr ~ u o~ ~c~u i a-v~~.c.ntii v- •• •.•.-- °" AGENDA DATE REQUESTED: (Plats are to be considered and accepted for the Commissioners Court Agcnda only on Road & Bridge Day which is the first Tuesday of each momh) 1. Submit four (4) copies of the plat to the Kerr County Engirteerfor review Sfteen (15) days prior to next Road & Bridge Commissioners' Court Date.** Received: Date 2. Submit one (1) copy of Preliminary Plat to County Clerk and arrange for payment of fees per Kerr County Subdivision Rules & Regulations. [ ]Preliminary Plat^ [ ]Preliminary Replat Amoum Paid $ ~V :; Si store: ~~~ 3. Submit one (1) copy of Preliminary Plat to Environmental Health Department. [ ] .Permit application and support data for On-site Sewage Facilities [ ]Flood Plain information Fee Amount Paid $ Received: ~: Date (over) +~._ PRELIMINARY PLAT FOR ~~ ~ ~'~' ~~~ °I'~ A SUBDIVISION CONTAINING 39.11 ACRES OF LAND, MORE OR LESS, OUT OF G. C. & S. F. SURVEY NO. 1767, ABSTRACT NO. 901 IN KERR COUNTY, TEXAS; BEING A REPEAT OF LOT NOS, 5 AND. b AND THE WELL SITE IN SHALAKO ESTATES ADDITION I, A SUBDIVISION OF KERB COUNTY ACCORDING TO THE PLAT OF RECORD IN VOLUME 5 AT PAGE 66 OF THE PLAT RECORDS OF KERB COUNTY, TEXAS AND A REPEAT OF LOT NO. 2 OF THE H. COOPER ADDITION, A SUBDIVISION OF KERB COUNTY ACCORDING TO THE PLAT OF RECORD IN VOLUME 5 AT PAGE 319 OF THE PLAT RECORDS OF KERB COUNTY, TEXAS JUNE 1996 OATE: 1~'IE ~~• ~~ (~~~] (Vf/r1n f~lJt~_IIMf'RII ~NV,? ?_ 201P'1~/R2MIII.M_ JO! M9~ V•3I'r2 Vll`^).-T-'i117111 ~U1\~71L'S }Lail}M~,YVIL!^ITLeSIItTWi1FUP`}PV\`I'IJIF, JTlaY2R~JW~V If~••FY}f}IRyMfp 1 1 OF SCALE: 1" =,200' __ _.. __ . .~°-• COMMISSIONERS' COURT AGENDA REQUEST * PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnston, P.E. MEETING DATE: December 9, 1996 OFFICE: Road & Bridge Department TIME PREFERRED: SUBJECT:(PLEASE BE SPECIFIC): Consider Preliminary Plat of Shalako Estates, Section Three EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON: Consider Preliminary Plat of Shalako Estates, Section Three. ESTIMATED LENGTH OF PRESENTATION: PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston, P.E. /Lee Voelkel Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters 551 & 552 of the Government Code 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 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. AFFIDAVIT OF PUBLICATION The State of Texas: The County of Kerr: f I I ~ ~r'G'iP ( publisher of The Kerrville Times, a newspaper p bushed in the County of Kerr, State of Texas, do swear that the foregoing and attached citation was published in Kem~ille, Kerr County, Texas, a newspaper of general circulation published regularly in said Kerr County, Texas for more that one year next before this date on the following dates to wit: Jam` . 19 t~~K~~~ A printed copy of said writ as it was pubhshed is attached hereto as apart hereof. Publ~s~ier of The Kerrville Times, Kerr County, Kemille,.TX ~. Sworn to and subscribed before me by the said ~,J Publisher he Kerrville Times, on this the ay o A.D. 19, to certify which witness my hand and seal o ce tart' Public, G~?'~, err County, Texas PRINTER'S FEE, t% q~;,, JACKfE 5. Y10ERNER ~:~,...,.. MY COMMISSION E%PIRE5 '.~„P~,`,;,:' December 2$.1996 Majority of Record Owners Shalako Estates North Cloud Drive, Kerrville, Texas 78028 STATUS UPDATE 19 August 1996 PURPOSE: The purpose of this note is to update Shalako Estate's residents and owners on recent and ongoing actions. KERR COUNTY COMMISSIONERS COURT: On Monday, 12 August, about 35 Shalako residents and adjacent landowners attended the court session that addressed Voelkel Engineering's replat request for Shalako Estates. Riley Kerr presented our case, using the letter we had prepared for the Commissioners. We asked for and were granted a 60 day delay to the replat proposal. County Judge Robert Denson agreed that we had raised serious questions and that a delay was fair and reasonable. He also complimented our group for "a well thought out and professional presentation." The court hopes that during the next 60 days, or less, that our group and Voelkel Engineering/Perry Bushong will reach an acceptable agreement on the issues at hand. We expect Voelkel Engineering to contact us once they have what they believe to be acceptable solutions to our issues. LETTER FROM PERRY BUSHONG: We are informed that Perry Bushong is preparing a letter to Shalako Estate's residents which outlines his views and rationale for the requested replat and addition. Once we have Voelkel and Perry's input we will likely call another meeting to determine our response. NEWSPAPER ARTICLES: Both The Morning Sun (14 August) and The Kerrville Daily Times (15 August) had articles about the proposed Shalako Estates replat request. Each article basically presented the points contained in our letter and highlighted the Judge's appreciation of our rational, non-emotional presentation. They both noted the 60 day delay was granted. ONGOING ACTIONS: Ray, Riley and Dan are continuing to review things as they develop and take appropriate actions. Some items of interest are: • Contacting the Texas Natural Resource Conservation Committee to get their input on the well and water system • Meet with the Kerr County Engineer (Frank Johnson) on 19 August to discuss road safety and soil erosion • Remain in contact with Voelkel Engineering • Determine if there is a government or private organization that could add to our knowledge of the soil erosion impact of building a large number of houses in the proposed addition. • Continue working with H. (Buzz) Cooper (H. Cooper Addition) to formulate a coordinated position • Meeting with Vlasek Pump Company to determine condition and capacity of the water system. SEEKING INPUT: As we move along we will appreciate any input that you can provide. If you become aware of relevant information or have a suggestion, please pass it on to one of the below listed individuals. Ray Baldwin Dan Harvey Riley Kerr 895-2992 257-5921 (~ J- 895-3217 CF Kerr Count Commissioners Court D 19,E_1k'IME ~'~~~~~~` Y Filed~~aY°FATR IA DYE 61161966 Z6 AM snnurcoa ooc Ker C nTy, Te% Clerk County Court, ~DepulY 1,~l~Cx - --.. Majority of Record Owners Shalako Estates North Cloud Drive, Kerrville, Texas 78028 12 August 1996 The Kerr County Commissioners Court and County Clerk Kerr County Courthouse 700 Main Street, Room 122 Kerrville, TX 78028-5389 The Shalako Estates residents and majority owners of plots therein thank the Commissioners Court and the County Clerk for the courteous and professional consideration afforded our group today. We appreciate the delay in ruling on Voelkel Engineering's proposal so that proper study and consideration can be given to what we believe are serious and long-ranging issues. Please understand that our intent is not to hinder progress. Our intent is to ensure that the quality of life and the unique Kerrville/Kerr County environment, that your organization has nurtured and which prompted many of Shalako Estates' residents to relocate here, is not sacrificed to hasty, short-term actions. With that goal in mind, we stand ready to actively and honestly participate in future planning actions. Sincerely, For the Majority of Record Owners, Shalako Estates Mr. R y Baldwin Mr. Riley Kerr ~ ) ~ _~ r Mr. an rvey // BIt}/98 WAJ PM SH4LhK03 WC P.y. ae - ~" ~+N ~rnss _ Moneay, s, teas Y. WBLiC M07N7E NOtIC@ OF .PUBLIC HEARING Notice is hereby ghren that a Public Hewing witl be Iwld on August 12, 1996 at 10:00 a.m. n the Country CouAroom of thA KerrCauray Courtllouse at a Regular Session of the Commissioner's Court. to hear 'the of Plst, ''in th1 local Gavsnxnent Code (a), (b), and Ic).t. ,~ weanasday, .t~hr aa, Bess - e aany ~nmes -Page ~e , :. PINLiC eOTtCE wo'rtce o+' PUBLIC HEARING August 1 am. h the Secaon Three, to hear arty 8nd all protests for the plat. Sold notice Is in accorder~e wi~Ar6de 232.009 RerWon oS Ptai,-in tha-Local 6ovammenl Code (a), (b)y and (c).t. ,yoJ :. _: ~, .. r ... _ ~ .: __,. ,_ ,:. , Or3er No. 23753 Approvla of the Preliminary plat of Sahlako Estates, Section Three December 9, 1996 Vol. U pg 831