1996 03:08 2108963031 GARY ~. KERSEY, P. C. PAGE 01 G6RY E_ BEiiSTY saeim cexr~xsa: coa~oras, seal. ses-xs raw assmsias:ai. sear, 8C'rwmE law TESAB SOtRD dF I.Br°*. 9PECLIT ~~°1IOIQ GARY E. KERSEY, P. C. ATTORNEY AT LAW FACSIMIhE COVER SHEET CONFIDSNTiALITY NOTICE ~~~~~~ ~ ssa sIDt~sr sales souxx, smzs ssa EL3tRVILx.E. ifirec 180x9 (sic) ase.oaea PACSID7a.E (uio7 898~aoai This facsimile transmission and the accompanying documents contain confidential information which is legally privileged and protected under attorney/client privilege. The information is intended only for the use of the recipient named below. Yoe are hereby notified that any discloaur®, copying, d3,stributien, or the taking of any action is reliance on the contents of this facsimile information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately to arrange for the return of the documents. *wa+.*~r****,r,r*r~,e,e:r**,a*+.w*«,.x**~**:r**~r*+*~r*,t** ATTN: REGEIVEI2' S ~'AX # : oZ'~7-" ?Q 79 PHONE # DATE: ~~f~bi _ TIME: _, PAGES (including cover sheet): /~ MESSAGE: If you experience any problems receiving this transmission, please call (210) 996-0482 @5f 06/1996 08:08 2108963031 GARY E. KERSEY, P.C. PAGE 02 GARY E. KERBEY, P. C. ATTORNEY AT LAW GARS E. AERSES aoARn cflRTK»IflD: COMbiEBCIa.. RRAL SSTATS LAW RIDBIDENTIA7. RIIAL EBTATfl LAw T&XAe BOARD OD LEOAL SPECIALIZATION May 3, 1996 Mr. Mike Dooley Dooley S Hoerster, L.L.P. 520 W, Main 5t, Fredericksburg, TX 78624 RE: Security state Bank fi Ltd./Letters of Credit Dear Mike: f8R pmNH14 $AIiIDA SOVTII, RVST'fl BRT ~RItvII,Lfl. TEXAS TROas (RIO) eRR-Of80 FeCRINDLfl (R SCI RRBA488 Sant via telefax to: 21D/997-4496 Txuat/Saddlewood partners I, In accordance with our discussion, enclosed please find four (4) revised letters of credit. Please review and advise. By copy, I am also requesting that the parties named below review and advise. Enc. As stated cc: Mr. Bob Rush (with enclosures) Security State Bank 6 Trust via telefax to: 895-2012 Si rely, X RERSEJY~ Mr. Thomas Pollard (with enclosures) Attorney at Law via telefax to: 257-7079 Mr. Franklin Johnson (with enclosures) Kerr County Engineer via telefax to: 896-8481 Mr. David M. Cummings, Jr. {with enclosures) via telefax to: 287-7989 GEK/lsj Gi1996 08:08 2108963031 GARY E. KERSEY, P.C. PAGE 03 TOCA.SAD/041796 TO: COUNTY OF KERB 700 MAIN STREE`S KERRVILL2••, TX 78028 LETTER OF CREDIT NO. we hereby establish our irrevocable letter of credit in your favor for the account of SADDLEWOOD PARTNERS I, LTD., for an amount or amounts not to exceed the aggregate U.S. dollars $100,000.00. This letter of credit is given for the purpose of guaranteeing payment of casts and expenses for acquisition of right-of-way for the extension of Thompson Drive/Spur 98, in accordance with the terms and conditions of that one certain Contract For Acquisition Of Land executed by and between Kerr County, 5addlewood Partn®rs I, Ltd., and Lewis Brazelton, Trustee. Sy acceptance of this letter of credit Kerr County agrees that it will make demand on this letter of credit only for county's coats of acquisition of R.O.W. S that era to be paid by Saddlewoad Partners I, Ltd. in accordance with the terms and conditions of the above referenced Gontract For Acquisition Of Land. Security State Sank & Trust promises to pay to Kerr County, Texas, upon presentation of sight drafts, any amount not exceeding the cumulative total of $100,000.00 on or after date hereof. Kerr County may present multiple prior to expiration of this cumulative total of $100,000.00. sight drafts, at various times, letter of credit, up to the The total outstanding and unused amount of this letter of credit will be reduced by the amount of each sight draft presented ancn`.` C_` DCM=a=~CN L.+21C `.l:lD C3.=~: C~.. hfC. _ VOIH(y ~~J 0110. b.i:a Ci •R1r. ' IYy Commiamon uoiraa vG?4~C~ ~CCr /~ ~ i , t ~!~ !~ L ~ i, ~~ ': ~^i. Y it I ~ Nota:y ~i;biic, Tha Stag of Texas ' M~CCS.m:.35~Cn e:C'~r85: ~C-/,! "~'r/ Ncta: r~s pr~.;..aC name TYE' STATE CF T^:;.~5 } COUNT°_ CF K~2? I This ias~rzment was aC:L:ICW'edy^ed be:crs me on ~~~ /~ , 1995, by L~YTS B:.a3E~TGN, Trsstee. 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T~ -- ~. ;nl.'' ,._ ^-^ _i.'I-I _ "i ~..I LII '17{:1 'i~ r ~m.re f,•,V \'/ I "~ /•r..:' II)I ° •. v.. -j~ ,nr. r; ~~~~CC ' 8 \. nn ~ Inn 1 •.I r. ...,.• i~ tu( ~ rw nr ~ ° \I / C 1e la Vie.. ..\ ~/ re.r 11.1 CIJ \ }_~.n \ ~,le_. nn \el \ ` ~ .. .. _ / no ~Irn Ie 10 /) 1 I nl I "P 1 ~ r. Fu[u e Y, f -"l e.r ,., rn.. ~ tr.. /, ~IIf ~r, re ~l r \ i~l' 1~((~ •'I1 1~ I ` ~~e~~ nl 4 n,.\2 Ser. on ~/~/ Ti Im,.777/// • r7, n / /~ •,.I ~ ~ I _~' r/"llI i ~ rl P'° r.. ~ _~' 1 J~ ldU ~ a r I ~ I ,...•i : .r.. ° I ~ ~ ~~ ' ~f°~_ gyn. f.:. /1 I-I }rle r17 1~ //~.~,,r~L:,,• ~ r~ ~ ~.•,~~ ~ /n~x~`/•la v I1 F 19/ 4111j _ I_ ~~ r.e ~ ``~IIY .e / 1 e < .., ..,~, -z~ /~ ~' a~"\~ __ Iw4..y.y„_ a \ f1 [~ u~~t '~lv .~• h. _G h /Ij / /~....-.. •LI r,~~'\°.IV >>n A,.. '.a° ~ II / // / 1r nas.e uo/1 ~~i 1 ~ ~/' •Oii 2~ / Iv••• ~8 ~ I r r~.N t•:.. /^ [~[ //L I~1 :~rI..I:'1 9' ~~A.~wwr.u -~>/-+r ~ ~ ~ !•P(-L.~_ _Lne ~ 7_ ~ S' r.r vvii n 7 0 4 -I- ~ • 1011•,rHJ ~ rnrn •• ••"""~ ~ I lr w•I~ rrln - r,•=_~_;i.I~~LIUL144_~~1!1 ~1~,- ~f, „•~. -- wl~s~~ _i r 1. JI ` t - --- IfI r I If Ir j-'1If' I~ I~EE~ I I , /n] ~~c/'~~,,,aac~ ~.- - ~~mrrn mmnnnrr rnr~ ~ I! ~~~i~l ~' Inn '~~•. I ...I •..n A 4., ru A Z^ n ie ~ ~ ~ ° ~ ~ r y r ..... ~ ^I,...•~ ., e ~ ~~1 _. ' .s.. ~ 1 1 l. f•n 1. I.onv I•.• ~.r ~ f~ , ~ ~ \ ILn ..... w e . ro....r, r.Nn. I.ly,n R w...l..•r ILH.L....1, nq pwl.v./ ~ _l ~ J y \ 81 I \ ' h:- 1 1 I I I MMES ~% /' ~r'igp --I~ / f1f -7. I ~~•I Sarldle.rrmf nrrrlnN. ~~ .. , Lynn LeMeilleur then asked Mr. Cummings if the temporary road would be constructed less the county standards. Mr. Cummings stated yes. Franklin Johnston, county engineer, stated that the road would be private and under the maintenance of Mr. Cummings until the bridge is constructed. Ms. LeMeilleur then asked what will happen if the bridge is never constructed, and the road is not built to county standards. Mr. Cummings stated that then it would be a private road with the homeowner's association to maintain it Cr. McAshan stated that it is not his concern when the State builds road, but if the State builds road. He then read an excerpt from the letter received from the county judge stating that if the bridge is not built, then the county doesn't want the road unless it t brought up to county standards. He asked Mr. Johnston if he would like to sec the road constructed to county standards to begin with. Mr. Johnston stand yes. Cr. McAshan then noted the problems insuring that the road would become public. Mr. Cummings stated that it wilt be built to same standards as constructed in the community today. Cr. Hamilton told Mr. Cummings that they are not concerned about the bridge, they aze concerned about the road from his subdivision, Ms. LeMeilleur stated that at the Fast meettng the discussion was that the road was inadequate for this size subdivision and that the road should be public, as a private road. The planning director then explained the requirement of the city ordinance to follow the major street plan, and the major street plan calls for the extension of Thompson Drive a public mad. Cr. McAshan stated that ifthey don`t insist that this be a public road now, then how can they assure it will be a public road in the future. David Cummings stated that the minimum standard for a county road is 20 feet of pavement with a 24 foot wide base, with the minimum of the base being 6", He told the commission that their intended road wil] exceed these minimum requirements. Cr. Mc.Ashan than stated that he was not going to vote in favor of preliminary plat approval if there is no mechanism that this will be a public road in the future, He felt that it should not be le8 up to homeowner's association. Cr. Wolfmueller then asked Mr. Dower what his recommendation is, and if there is enough information for approval. Mr. Dower stated that the off-site road is not shown on the plat and needs to, other than that, there is enough information for approval. Mr. Cummings then stated that they will agree to make this a public road in a contract there by a certain date if the bridge is not built Ike told the commission that he does not want to build a public road and have it tom up In 18 months if the State does the brid;t. Cr. Wolfmueller asked Mr. Cummings if he awned the right-of-way now. Mr. Cummings stated no. Cr. Woifmueller then stated that Mr. Cummings is asking the cornmissian to approve a preliminary plat on land he does not o.vn. Mr. Cummings stated that he was asking conditional approval. Mr. Dower told Mx. Cummings that he needs to go back and modify the plat showing the right of way for the Thompson Drive extension. i 05/20/1y96 12:37 2108963. GARY E. KERSE`t ,C. PAGE 0B 6. Cr- McAshan then asked Mr. Cummings if ht understood what he still needed to do for preliminary plat approval, and asked the commission if they had any further guidance for Mr. Cummings in order for him to get this plat approved. Cr. Wolfmueller stated that the time frame netded to be discussed concerning when the road has to be reconstavcted and dedicated to the public if the bridge is not built by the Stale. He then asked Mr. Cummings what the time frame he feels all the lots would be sold. Mr. Cununings stated two years. Cr, Walfmueiler-then stated that time frame of when the road should be constructed as public is two yeazs, After additional debase, a compromise of f ve years was agtted-to. Cr. HamiIion then stated that the contract could say he has to come back to the commission for review in~five years if he wanted the road to remain private. ' Mr. Dower then told Mr. Cummings that the lot on the plat that is not a paR of Phis subdivision neat else river needs to be omitted. Mr. Cummings then asked if there were any other problems with the plat as he thought he had done everything that was asked of him to do. Mr. Dower explained that the redrawn plat was presented to staffon Thursday prior to this meering, and staff only had one or two hours to review it. He told Mr..Cummings thaz he needs to submit the plat as early as possible for review in order for staff to ask or answer questions. The chairman then asked the commissionezs if they were :-early tq make a motion. Cr. Hamilton moved, to approve the preliminary plat conditioned on (1) the Thompson Drive right- of way to be shown on the plat, {2}the agreement for the road to he constructed as a public road in S yeazs or come bank to the commission for review, and (3) the lot that is not included in this subdivision be~removed from the plat- The motion died due to lack of a second. Cr. Farr then moved, seconded by Cr, Hamilton, to table this item until all the conditions are met as stated in Cr. Hamilton's motion, All voted in favor and the motion carried. _. 05/20/1996 12:37 2108963@ GARY E. KERSEY .C. PAGE 09 planning director then stated that if these two questions can be resolved, staff reco ends ~•al of this preliminan' plat. Doug Rob Son addressed the commission and stated that they are asking far a additional eurh cut, and they ' T restrict the subdivision from being replatted into smaller s. Ne also staled that the ]ots will be r iced to have circular driveways. Mr. Roberson s ed that they are willing to donate the right-of--~ of the unimproved street, but feels it is no eir responsibility to construct i t. Cr. McAsltan then asked the mission far disc ian on the variance for the curb cuts. 1'he commission all agreed that they not have problem with granting a variance far the extra driveway. 'T'he commission then discusse aright-o - ay and all agreed that this developer shouldn't be required to construct the u, proved right-of-wa- After discussion, ,Hamilton moved, seconded by Cr. olfmueller; to approve t}te preliminary plat with (1 } nting the variance$om the 500 foot drivel spacing and io allow [he seven (7) eurh cuts d (~) that the developer scant a 60 foot right-of-way eat from Peterson Farm Road to a nt that wilt he shown on the anal plat and then a 30 foot rig of--way to Highway 27, but is red to improve the road. All voted in favor and the motion Discussion and consideration of a request for a prelirhmarv Dist o~ Saddle,vvod (vreviousiv 1?~~ented zs 11e Colinatl located youth of the Upper Guadalupe Lake anoroximstely 1900 feet trvm the end of T)unnnson Drive. TF~e plannins direclvr informed the conttmss,on that staff has received a neµ• drtwing which removes the portion of land fronting the river which was not intended to be part of fire subdivision, and adds the right-of-,m•ay for the extension of Thompson Drive (spur ~~). T he develvper`s attorney delivered to staff a proposed agreement concerning the private,'public raadlvay issue in retards to Thompson Drive which has been reviewed by the city attomey. 'Ihe city attorne}• hay stated that the document appears to he somewhat incomplete, but generally acceptable as ;n form. The planninc director then told the commission that staff recommends the following to be included in any such agreement: Thompson Drive will be extended from its existing terminus all the way through to the west side of Saddlewood. it will be a public road an public right-oi=way. The planning commission would have to recommend to city council that they waive the roadway conatruetion standards so that Mr. Cummings may construct the road at less than county standards. 05/20/1996 12:37 2108963( GARY E. KERSEY ,C. PAGE 10 3, The city council may grant the waiver subject to the following: a. IVIr. Cummings and the county will execute an a(,n-eement stating that Mr. Cummings will maintain the road. h. Not later than five years after the execution of this arrangement, one of the following will occur: (1) the state highway department will reconstruct the road to public highway standards. V,r}ten done, maintenance will become a public responsibility. ('2) Mr. Cummings will reconstruct the road to public roadway standards. Mr. Cummings will provide financial guarantee that this option can be accomplished. When done, maintenance will become a public responsibility .3) Mr. Cummings may request from the cih~ an extension of this arrangement. The city may; but shall not be required to, grant the extension. Approval by the city attorney of all documents. Bn:ce Oehler, county representative., addressed the commission and stated that the court has met and are all in agreement with what Mr. Cumntinns is proposing to do. He then stated that as far as the road work, it will meet county specs except for the road base at this point. The county has agreed that this ~;•ill be a public road :n a public right-of--way that will be maintained by a private individual. Gary F:ersey, representative of Dasdd Cummtngs, addressed the commission and stated that there does not need to be a waiver in time for the road to be constructed, as Mr. Cummings will build the road to county specifications. If the base material is not excepted, then Mr. Cummings will come back to the commission for a waiver at that time. Cr. McAshan then asked staH'if the commission approves this preliminary plat, does staff leave am~ conditions they wish placed on the approval. 'the planning director stated that file only condition is that the road meets county road standards and the right-of--way is obtained for the road. J Cr. Forbus moved, seconded by Cr. Hamilton, to approve the preliminary plat, subject to the road being built to county standards in a public right-of=way. A1! voted in favor and the rnotivn carried) 05/20/1996 12:37 2108963, GARY E, KERSEl~ ,C. PAGE 11 J~~J A "AGENDA ITEM NO. MODIFICATION TO PRELIMII4ARY PLAT SADDLEWOOD ESTATES, SECTION ONE Mr. Cummings would like to address the commission concerning the possible elimination of Thompson Drive' from the subdivision plat. Attached are minutes of the Plazuung and Zoning Commission meetings that include debates, and the resolution thereof, regarding roadway entrances into the 5addlewood Subdivision. The preliminary plat that was approved on Tune 15, 1995 included Thompson Drive as part of the subdivision to be a public road built to county road standards. 'T'hen later, if the State of Texas proceeds with a high water bridge, this Thompson Drive extension would be incorporate into their plans. Prior to the approval of the Thompson Drive extension as the primary entrance and exitfor the subdivision, Mr. Cummings had discussed the option oftwo private roads from north and south. They were as follows: (1) Via Knapp Road: The Iast portion of this mad is a private road that does not meet the ordinance requirements for either right-of-way or pavement There was discussion about whether it was possible to bring this private road to standards; however, that issue was dropped when all parties agreed to Thompson Drive. Thompson Drive was determined to be better because (1) Knapp Road was within the flood plan (ia part), and (2) Thompson Drive built to county toad standards and being public was better planning for both the subdivision and emergency and other public vehicles (I:PUB, U.S. Mail, etc.). {2) V]a Sheppard Rees Road This was considered as a second access into the subdivision. Apart of this route would be an existing road in the Sheppard Hitls Subdivision that would need improving, and another part of it would be a private toad through Mr. Cummings Saddlewood Estates, Section Two and Three (Section Three may be called II-B). These two alternative routes, via Knapp and Sheppard Rees Roads, are the consideration that Mr. Cummings has requested that the commission approve now and eliminate Thompson Drive. The commission should be aware that there is a legal issue related to the moratorium passed by city council. However, it is recommended that the commission decide this issue based upon what the commission determines as the best planning for both the subdivision and the community. To clarify the commission's responsibility and authority concerning subdivision approval, the following is included for your reference: 05/za/1996 12:37 2108963 GARY E. KERSE4 .C. PAGE 12 The city council approves the content of the subdivision ordinance. Then State law, if city council does not want to be the final approving authority, places full responssfbility and authority for subdivision plat approval in the hands of the planning commission. In other words, an action approving or disapproving a plat by the commission cannot be appealed to the council An irtterpretation or a variance to the ordinance may be taken to the council, but the commission is tasked with deciding best planning and with approving/disapproving the plat This is the way city council has written the ordinance. Therefore, the recommendation, as stated above, is for the commission to advise Mt'. Cummings whether the previous action approving the plat with Thompson Drive can be modified or not. The moratorium issue should be another concern, but not here. Since the previous action stated that Thompson Drive was the best plan and needed for the subdivision, I believe that if the commission wants to modify the plat, it should establish the rational for changing. We are advised that the county is proceeding with the condemnation process to acquire the right-of--way far Mr. Cummings to build the Thompson Drive, and that this process will likely take another six months. ~ ' The commission should be aware of four additional factors concerning the subdivision as follows: 1. Ivlr. Cummings has not finished the construction of the private roads and wants to give a lettcr of credit to the city to. guarantee their completion. This has not been done before. It is questionable whether the city can draw down on the guarantee and go onto private property to build private roads. We believe that it might be done if Mt. Cummings gives _ the city construction easements along with the letter of credit, but it still is "new ground" for us to be the agency to cause the construction of private roads. In the past, private roads have been built prior to final plat approval. ?. Any of the private streets that exceed a grade of IS% must be reported to the commission. There were a few streets that exceeded this grade originally, and they were to make adjustments. Staff needs final construction drawings before the can determine if any streets exceed 15%. 3. Off site drainage improvements (in Saddleivood Estates, Secrinn One) appeazs to be. needed prior to final plat approval. (There is currently no elimination of storm drainage improvements for a nrrai subdivision.) A. Even though the private water system is not required because it is a rural subdivision, we would like to review the water system to enable the Fire Departmern to know what caliber system they have, including storage capacity, size of lines, locations of hydrants, etc. This can be done later before final plat approval. However, the question before the commission. is approval or disapproval of the concept of eliminating Thompson Drive from the plat. 14 GARY E VCERSEY .~. J1995 12:37 21089631 ev O U d N PAGE 13 p O .~ N N `r' k1 G ~ O .~ .r1 ~ ~ U O N ~ PROPOSED MODIFICATION TO SADDLE}dOOD, SECTION 1 REMOVES THOMPSON DRIVE FROM THE SUBDIVISION PLAT. Lcwiam L d (Ur, Lcwiea (t7ns siJnJ 1 t - t 1 t t 3.3 N•1iY'~9'F 19'E ty'10•t9'1'. 4110) a6D.7 i '1'wt) ~p 1.(11 S n0 1[11 .} LDI (1 J f 3-JIl af.. L'~ J.9t1 JL. 4.45 ac. ~ l= 54q'71'W 549"7I'W ^ w'61oU. S:elcll<•unus,! 1SIva it $ ? ac. r .389 i[1t 70 .o`e. r o+ 3.51 ac. r' 1[1t 12 3-91 aciz Hex N.'I'Irmnas, kl. O. to Lenfant, Cl'll. Isl October, 1989 Vuiuntc 533 page 200 Nau"l9'E Pntpctly l}ne '1098.1 N40'19'E g0't9'E •~° ~ ~ 281.5 360 9 a 0 . A S bti ~° v< Lott v ; Lot 3 3 °o c 3.00 ac. ~ • 3 < 131ock 4. t 3 ac. w 7, wM ' lJII 5 yp bb m .'~ ~ l.lw Ir W 3.20 ac. .~ 1[ll 7 o w 3.U5rc. w 'rOOJ'. 3.29 at. N42"2U'L N47'2f1'1 ~ ' :•'7 yb Sw~ 337.0 N J.8 3U at"20'i. 907.3 t _qll Or t ' ~ Lt1t K a8 ,~"J 0 O 3 ' v n .7.6 ac. ,_ ~ 31 l.at 9 1[>t 4 3.60 x. ri.1z• sl w 38.5 apes Linda Knapp Snyder tv 5elty hills 25th .tune, 1980 2361140 (dns vdc) 1[1E 2 4.51 ac. B1oc1F Lot 3 3.99 ac. !E rai I v'~^ I z i ~.,...- .. c ,- .,-O Lot l ;,PO a rr ':( 3.33 3=,y"lai,~tiw r`, z 7 r Two°°,• / ---- 9 j---------- 4. 179.4„N i Lot 1 4.66 ac ~n ~lai ~~~ 4r° NI distances are N feet Coordinates are in leet and are NA827 Texas Coor dinata Syslem, South Central Lone according to information acqu'oed Kom the Texas Department of Transportation. fa ThomPsaa Ihfva_ 0 300 V(3LUMi7. G ~~~ as ~-' --'.'" , e ['ACls t ~_~r-_ L l,•Y ~~ ~ `, i$ t~ " t' ~a tt ~~ t t i, yq 'tea 1t` _i ~'3'~*A4r ____ti( ~'. r' 20 vP~-a ll Jl t It 12.5 acres Owk9ht R. Knapp to William E Josephlno Dalgheny 3rd Sept., 1969 1401187 (this sitle) I I --1~I1~i~XI~iQ1 ---- -- i ~ -- ~ ------- (private) ~ , t 1 r i i ~ I 19.55 acres 1 1 ~ Q 1 ~ Jahn R. 6 ilaanatare ganistar d ~ t I ~ y ~ 1t tv Robert R. Woodwar ' ~ i p, 1 ~ ~ 20th February. 1977 t- µ , 1 ~ (tei= sFdeJ n ~ A. H ; m. N ~- ~ .. m rJ lJ J N N m m w m w r- { m m { n D m A 25%28 96 14:55 F.9.T 210 3 8481 ffitR COLiNTY R&B Fa.x Transmission . ,. No. of pages incl. this ane: ~'T Fax number. c~''~-1 ~ ~1 D~I q From: ~t'QYl~ l i ~ ~O~'1Y15~PrY1 ~. E Date: I~Q,~ ~.R~ IqG In if you do not receive all pages, please contact: Kerr County Road & Bridge 4010 San Antonio Hwy. Kerrville, Texas 78028 Phone: (210) 257-2853 Fax#: (210) 896-8481 r~ol 05.28.96 1x:55 FtLY 210 '6 8181 RERR COliNTY R&B ~ 02 Kerr County Road $ Bridge 4Q10 San Antonio Hwy. Kerrville, TX 78028 (210) 257 2993 FAK (210) 89f-$4_$~ May 28, 1996 Gary E. Kersey, Attorney at Law 222 Sidney Baker South, Suite 527 Fax #~ Z10/896-3031 Kerrville, Texas 78028 Thomas W. Pollard, Attorney at Law 951 Main Street Fax #~ 210/257-7079 Kerrville, Texas 78028 Re: Letter of Credit £or Conatrucdion of Thompson Drive extension. Per our discussion May 24,1996, we have recalculated the Thompson Drive extension using on-site caiiche instead of crushed base. We also found in the P&Z Transcript that "Thompson Drive will be extended from its existing terminus al! the way through to the West side of Saddlewood." This melees the length back to the 0.7 mile we had to start with Based on the above, our estimate to build this road using a caliche base is 544,200.00. Sincerely, Franklin Jo on, P.E. Kerr County Engineer cc. Kerr County Commissioners' Coutt Tim Dower, P.E., Kerrville City Engineer Fax #: 210/896-8793 locctd l.sam N .r - 1 ~a r Y u w ~'1 u. a FT:. .i1.G~NT.c+r- '~. + `~i2t/mayy G ~ va..f ~„~. Y4 - ~ Of ~Up-• , ~~ -~ N N y `aowH ..- ~~~ ~~G~ef?5•.._. ~"~`;o+iTtC~ .. - LL }+fH}4T 10 }V r"=.~- -`_. /40~~}G.'r ~P Gy ~pR F. __ .- 0~6° „~ u s~ss-T°'D ~~ ~~G'f ION L 'P~GA'1- GNaa - 'S"l 14 ry LLils ~ w~GHA~tY ~ $L s-{~ ~~~ r :1 IDS W-' ~ yy+dP} cP0 ~u pa a~P ~~~~ ` At- g't~~~~ be 4r iUtirc, ..NpiG of the s[rc ,s s`1~+~u alierQnn• center line 8xad on each side enun[y u{[b a inisDf th praPettV tine {I [he y Z eas tb~ { c ~erlie 1 ~' ss'1 all roVe,1 {;d,or.t[„r t1 el`yatton ~antrac[nr `U In sl'rbut aaars~e ~t[erial [lte {al t [1~an th ,,d. 4 e anY base roPnged a'atec be{ore Placin8 Q{ [ire V ~dl. is I,ncouutcr' t,._i.ot[s °f s ub~-tg~rc'LR subRr~ {111 1:4ct11°""' [ ul,lr he ic'' {ot rut of d f' i m'tY 1-,1 arcs maY lu r,.ip,ircd t n -. vi+i[h .- ,side for Mgi/1cn ILcpti+ f nt s.~ 28/96 11:55 FAX 210 `8 848 fC ~'~ ~~/ 1~(1,4d.•0~ ,~•L(/~-' I ~ i"i-1Y ~~05 planning director then stated that if these rvo questions can be resolved, stafF reca J ds oval of this prelitttinar)• plat. Doug Ro con addressed the commission and statcd that they are asking for a additional cwb cut, and they 1 restrict the subdivision from beinb replatted into smaller .Fie also statcd that the lots wip be iced to have circular driveways. Mr. Roberson ed that they are willing to donate the tight of- of the unimproved street, but feels it is n eir responsibility to construct it, Cr. McAshan then askad the nission for dis ton on the valiance for the Curb cuts. The commission al] agreed that they not have roblem with granting a variance for the extra driveway. The commission then discusse a right-o - y and all agreed that this developer shouldn't be required to construct the u ' oved right-of-wa After discussion, .Hamilton moved, seconded by Cr. olfmueller, to approve the preliminary lrlat with { 11 ring the variance from the 500 foot clrivev spacing and to allow the sever (~ curb (2) that the developer grant a 50 foot tight-of-way eat from Peterson Farm Road to a nt that tivi11 be shown on the final plat and then a 30 foot ri f-vvay to Hi~* tway 27, but is required to improve the road. All voted in favor and the motion tried The developer's atlomey delivered to staff a proposed agteement concerning the privatelpublic roadway issue in regards to Thompson larive which has been reviewed by the city attorney. The city attorney has stated that the document appears to he somewhat incomplete, but generally acceptable as ;o form. The planning director then told the cotrunission that staff recommends the following to be included ~in any such agreement: ( 1. JJ 'Thompson Drive will be extended firntr its axisting temtinus all the way through to the west ~- ~~,% side of 5addlew•ood. it will be a public road nn public right-of--way. ~, The planning commission would have to recommend to city council that they waive khe roadway construction standards so that Mr. Cummings may construct the road at Less than count}• standards. T'tie planning director informed the commission shat staff has received a new drawing which removes the portion of land fronting the river which was not intended to be part bf the subdivision, and adds the right-of-~~ay for tha extension of Thompson Drive (Spur 98). ~. ~---- Ii~~m>r (G®~u>rn~~ 11g®~~I ~ ~>rn~~~ - 4010 San Antonio Hwy. Kemille, TX 78028 (210) 257 2993 FAX (210) 896-8481 May 30, 1996 G~+ Kersey Attoi'n~y at Law 222 Sidn~ Baker South, Suite 527 Kerrville, T~78028 RE'. Your letter of May 29, 1996 Dear Gary, Each time I make an estimate for your letter of credit amounts, you send me back information about previous agreements of which I have no information. We are playing blind-man's bluff, and I seem to always be "it." In order to proceed with this, I need a copy of the entire Saddlewood file that pertains to: 1. Platting 2. Agreements with Kerr County Sincerely, Franklin sto Kerr County Engineer cc: Mr. Thomas Pollard Attorney at Law 951 Main Street Kemille, TX 78028 Mr. David M. Cummings, Jr. 190 Fairway Drive Kerrville, TX 78028 The Honorable Judge Robert A. Denson Mr. Bruce Oehler 05 16.98 14:08 FAS 210 8481 RERR COUNTF R89 Kerr County Road Er Bridge fdj 01 4010 San Antonio Hwy. Kerrville, TX 78028 (210) 257-2993 FAX 0210) 896-Sµ81 May 16, 1996 Gary E. Kersey, Attorney at Law 222 Sidney Baker South, Suite 527 Kerrville, Texas 78028 Thomas W. Pollard, Attorney at Law 951 Main Street Kerrville, Texas 78028 Fax #: 210/896-3031 Fax #: 210/257-7079 Re: Letter of Credit for Construction of Thompson Drive extension. Tt is my understanding that when the term "County Road Specification" is used referring to roads in the Kerrville Extra Territorial Jurisdiction (ETJ), an area of overlapping subdivision regulations, the Specification with the higher standards take precedence. ]h the case of the Thompson Drive extension, the reference to "County Road Specification" refers to Kerrville Rural Subdivision Specifications. This is what we used when making our estimates in May 6, 19961etter. I re-measured the distance on the Thompson Drive extension and agree it is closer to 0.5 mile than 0.7 mile. T will revise my estimate to build this section fnr the purposes of the Letter of Credit to $39,722.00. I understand that the other "Kerr County Estimates" in our May 6, 19961etter are acceptable for the purposes of Letters of Credit. Sincerely, Fra Johnston, P Kerr County ngtneer cc. Kerr County Commissioners' Court Jim Dower, P.E., Kerrville City Engineer locctd.sam 04/26/1996 08:35 21089E 1 GARY E. KERSE P. C. c ~nY E. ffi~ROEZ Eowen L'6itT~'~D: OOMI®BCIAL REAL 86'fLT& LAW gySIDmrrnr.r REAL ESTATE LAW 188A8 SOARL bF LEGAL 9PEC'•*+~•T.ON Mr. Thomas W. Pollard Attorney at Law 951 Main St. Kerrville, TX 78028 Mr. Franklin Johnson Xerr County Road & Bridge 4010 San Antonio Hwy. Kerrville, TX 78028 GARY E. SERSEY, P. C. ATTORNEY AT I.AW April 26, 1996 RE: Letter of Credit/Construction Saddlewood Estates, Section One Gentlemen: PAGE 02 :.. BIDNSY BASER 80DT8 SV1TA 6¢v BYRRVd.LR. TESAS '+80a8 (210) 8BBW88 racsn~.E (aia) eseaost Sent via telefax to: 257-7079 Sent via telefax to: B96-8481 of Private Roadways in Recently I telefaxed to you a proposed letter of credit regarding the above referenced matter. Since that telefax 2 have had a discussion with my client. He has indicated that the road contractor has already been paid the sum of $15,000.00 regardinc,~ the construction of private roadways in Saddlewood Estates, Section One. This means that the $63,412.00 amount found in my letter of credit can be reduced to the amount of 548,412.00. My client is obtaining verification of this payment from the contractor. I will provide you with copies of this verification as soon as it is received. Additionally, I have consulted with Mr. Charles Dominguez regarding the legal description for the temporary easement to be given to the county. Mr. Dominguez indicates that the width of the roadways will be 60 feet and all cul-de-sacs will have a 50 foot radius. These will be the dimensions of the legal description attached to the temporary easement. I will send you copies of the legal description for the roadways as soon as they are received. Please notify me if these widths are unacceptable for purposes o£ construction of the private roadways. Sin ely, E . K~RSEY ~ . 04/26/1996 08:35 210846 .1 GABY II. RpR9SY B06RD CERI'iF1EI7: nnunw.e,+,.. RRAI. E9'lATE LAW RSSIDEtdi'iAL REAL fib1'AT8 LAW TE7(AR ROARD OS LEGAL SPEC*~T *'•'^ON GARY E. KERSE P. C. PAGE 01 GARY E. KEILSEY, P. C. ATTORNEY AT LAW FACSIMILE COVER SHEET CONFIDENTIALITY NOTYCE RRR SIDNEY HARER HODTB. RIITPS 6RT BERRVIIS.E. T~dB TQ028 (R 10] 8R6.WR9 BACRL3fII.ti (810) 898.8091 This facsimile transmission and the accompanying documents contain confidential information which is legally privileged and protected under attorney/client privilege. The information is intended only for the use of the recipient named below. You are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this facsimile information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately to arrange for the return of the documents. *W*~t***************************************** TO : ~~ / a' l/LLI ATTN: RECEIVER'S FAX #: ~~7'7DTq PHONE #: DATE: L~~,~_ TIME: T PAGES (including cover sheet): ,3 MESSAGE: If you experience any problems receiving this transmission, please call (210) 896-0482 04/26/1996 08:35 21089E 1 GARY E. KERSE P.C. PAGE 03 Mr. Thomas W. Pollard Mr. Franklin Johnson April 26, 1996 Page Two ac: Mr. David M. Cummings, Jr. via telefax to: 257-7989 GEK/lsj 04/26/1996 08:23 21089E 31 OAR4 E. ~IAHffiY BOASU Cffi'D7ED: COE®5R."s• Rn°* E6'L17C LAW a.E9IDENTIAL waer ESTATE LAW 1'EXAB HOARTI OF LEGAL aFE~'+"~ ^'"~'~ON GARY E. KERSE P. C. PAGE 01 GARY E. AERSEY, P. C. dY7'ORNEY AT 7,AW FACSIMILE COVER SAEET CONFYDENTIALITY NOTICE aaa BIDNEY SAS68 30VS8, SQT1D Dal S.Sxsva.LE. TCSes ra0ae (a1o) ass-o~az FA~'d^~^T4 (81Q) BY0.3Q91 This facsimile transmission and the accompanying documents contain confidential iaforntation which is legally privileged and protected under attorney/client privilege. The information is intended only for the use of the recipient named below. Xou are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this facsimile information is strictly prohibited. If you have received this transmission in error, please notify tl~e sender immediately to arrange for the return of the documents. t,r*~r***~~,ta~r~,r***wx*+r~r***rr**+~*,r*~rx,r,r,rse*,r,r:r,r:r ATTN: RECEIVER'S F.A/X #: ~~ J- ~f~IJq PONE i~: DATE : h~/~Q( x2~ ; PAGES (including cover sheet}: MESSAGE: If you experience any problems receiving this transmission, please call {210} 896-0482 04i25i1996 08:23 21089E 1 GARY E. KERSE P. C. QA&Y E. HY.RHSY HoeHO ciDrran~: CODmIDH^nr. EEAL BHTATE LAW HEamtSiTlAt HEAL e8'LATE LLiv TY.YAH HOAHD Or Le(iwt. Hperner nannN Mr. Thomas W. Pollard Attorney at Law 951 Main St. Kerrville, TX 78028 Sent via telefax to: 257-7079 Mr. Franklin Johnson Sent via telefax to: Kerr County Road & Bridge 896-8481 4010 San Antonio Hwy. Kerrville, TX 78028 RE: Replat of Sheppard Hills Estates/Letter of Credit Gentlemen: Tt is my understanding that a preliminary replat for portions of Sheppard Hills Estates has been approved. It is also my understanding that part of the preliminary approval required the upgrading and construction of Spanish Oak Drive to county specifications from Sheppard Rees® Road to the property line of Saddlewood Estates, Section Three. x have received contact from Franklin Johnson indicating that a letter of credit is needed for this construction. Enclosed please find my proposed latter of credit on this matter. Please review and advise as soon as possible. Enc. As stated GARY E. KER3EY, P. C. ATTORNER AT LB.W PAGE 02 sza SIDSiL7t 9aR8H. HOOTS. same sea Saa80IIJ.E, me7[AS vaoas tsio~ sss~sa April 26, 1996 rwcsmtae ts~o) sssaosi Si rely, ~~ Y KERSEY~2~ cc: Mr. David M. Cummings, Jr. via telefax to: 257-7989 GEK/1sj 04/6/1996 08:23 21089E 31 GARY E. KERSE P.C. PAGE 03 LOC.SAD/042696 TO: COUNTX OF KERR 700 MAIN STREET RERRVILLE, TX 78028 LETTER OF CREDIT N0. A DEPOSIT ON BEHALF OF SADDLEWOOD PARTNERS I, LTD. This is an irrevocable letter of credit issued to you the County of Kerr, Texas, at the request of Saddlewood Partners I, Ltd., in accordance with Chapter 5, V.T.C.A. Texas Business and Commerce Cade. This letter of credit is given for the purpose of guaranteeing payment for upgrading and construction of a public roadway to Rerr County specifications from Sheppard Rees Road to the property line of the proposed Saddlewood Estates, Section Three. Security State Bank & Trust promises to pay to the order of Kerr County, Texas, upon presentation of sight drafts, any amount not exceeding the cumulative total of $24,108.00 on or after date hereof. Rerr County may present multiple prior to expiration of this cumulative total of $24,108.00. sight drafts, at various times, letter of credit, up to the The total outstanding and unused amount of this letter of credit will be reduced by the amount of each eight draft presented and paid by Security State Sank & Trust. This is not a notation credit, and Rerr County, Beneficiary, shall be entitled to payment without the presentation of documents. Thie letter of credit shall expire on IN ~GTTNESS PIHEREOF, Security State Sank & Trust has caused this letter to be signed and attested by its duly authorized officers who have attached proof of their authorization to sign. Executed on Z 1996. 04/26/1996 08:23 21089E 31 GARY E. KERSL P.C. PAGE 04 I,pC.SAD/042696 Security State Hank & Trust By: Title: - Printed Name ATTEST: By: Title: _ Printed Name a~/I8/1996 68:16 216896fi_ GARY E. KERSEY, 2. C. GARY E. KERSEY, P. C. + A1T08.1vEY AT Y.AW OABY P. ~xeBY SQABD C&RY'ur'gD: ~ U'~„ COE~IDRatAL Ra a*. E9TATE yp.W yr' QIDEP17Ai. 95.1, E9TGTE L9W S&8d5 EOE)iD OF LEOAL SD£Ci9) *~~'~'~ON PAGE 61 C ~ .,,r/.~,•~~ l ~ N ' 9Ai EIDNBT 8A66R SOUTB. 8II1T& S77 voa~r r w,f .gg,~C,g '/9099 CRS9) 999.0997 FlCBkbIII.E CSS O) 899-7051 FACSIMILE COVER SHEET CONFIDENTIALITY NOTICE This facsimile transmission and the accompanying documents contain confidential information which is legally privileged and protected under attorney/client privilege. The information is intended only for the use of the recipient named below. You are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance an the contents of this facsimile information is strictly prohibited. If you have received this transmission in error, please notify the sender immediately to arrange for the return of the documents. T0: ~ /GJX~ /~~Eif,i~i ATTN: RECEIVER'S FAXp#: .Z~?~ ~~ PHONE #• DATE: /6 ~~p _ TIME: PAGES (including cover sheet}; /~ MESSAGE: If you experience any problems receiving this transmission, please call (210} 896-0482 04/18/1996 08:10 210896" GARY E. KERSE' '. C. GARY E. I~RSEY, P. C. ATTORNEY AT I.OW 6AiCY E. ~SIIY soean L'6RTR'IhID: COD~R(AaL REei. E9LTE LAW RYAmm~^r7et RY.ti. E6TaxE LAW anus aonRD oa i.scsex. srscuuaeasox PAGE B2 szz smxar ae~x Soya svrrE asv . Y'EXeB vexes April 17, 1996 tsio) aso-oaaz raasu~