;:. _.. -il.J i til?t~: ]. ,:. t_ 4 t'iG.. ~_.i_ii ~0•a 1 .+(..?t_I'•._+i:_. ; t..; 4Ji:.1 4 C~ ~._[:: I , ;__;; 1 L! t5 •__f ?:. ~._,, ~ L... i:_i.:_ !`l t.: ..i I i ~u r. ~:LJi-~ r.:_ri i Y I_);''.~ .r~.Li .r~.l. t,:i.1 !._!~tlai::: ._ ... .. . . _ _ _ .. ..... . _... .. .~~ q _. ._ _ ._ ._ .. ._.. ._ 1_: C? 1T1 63 :1.:4 ~:~ ]. C.i 1"c f? T'' i__ a:i'C r' _> {., (:: C~ 1'7 ~.] 4., r 1 ~_~nanimG~_[s1y appr'GVEd by a v !_. ? t_t : ": '!: _f '..'. i ~ ~ @. != i) 774^d ['' a '1:!! +: ' .'i E' is ~: - I~J ;' t.:. i'fi i]! .,. '.•s _..,. i.; +.. E) c' r•. ;_( ;. {.i lV .t. ~ ' ~ ~(,: ;-; F:, .... U i_~. Memo To: Commissioners' Court From: T.H. Lackey, Commissioner Pct. 2 Date: January 21, 1997 Re: Robert Lee Mosty -Property on Red Bird Loop Road and Bridge records show the following in regard to Mr. Mosty's property on Red Bird Loop. 1. The Sept. 9, 1992, letter offered to build a new fence in exchange for 6 tt. of right-of-way and Mr. Mosty refused to sign. 2. Road & Bridge proceeded with the worts on the road without his land. In December, Mr. Mosty came back to us. As shown in the December 8, 1992 letter, we agreed only to remove the trees and Gear at the curve in exchange for relocating the fence. 3. We verbally agreed to pay him for material from his property. The hand written ledger sheet reflects money paid for base material during the 92/93 budget, and that Mr. Robert Mosty wanted the cheGc made payable to Kelly Lynn Smith. The County paid the amount of $3,000 for the material we used off of his property as shown on the Accounts Payable sheet from the Auditor. I feel that Kerr County has fulfilled their agreement with Mr. Mosty. ~. KERB COUNTY ROAD.AND BRIDGE DEPARTMENT KERRVILLE, TEXAS 78028 (512) 257-2993 September 9, 1992 Robert Lee Mosty Red :Bi~d`~7o`op Center Point, Texas Dear Mr. Mosty, This letter is in reference to your previous conversation with Mr. T.H. Lackey, Commissioner, Precinct 2, concerning road easement on your property on Red Bird Loop. This letter will allow us to realign Red Bird Loop at the curve and remove the ,,, trees needed for realignment at your property, in exchange Kerr County Road & Bridge will relocate the fence. For an additional six foot of right-of-way we will build a new fence. When signed by you, this letter shall grant permission for the Kerr County Road & Bridge crew to enter your property on Red Bird Loop in Center Point, Texas. Please keep the copy for your records. follow. . The legal paperwork for easement will Thank you for your cooperation. Sin iely ~: n reonara-va , ~r. Road Ad ini trator Robert Lee Mosty Date KERR COUNTY ROAD AND BRIDGE DEPARTMENT KERRVILLE, TEXAS 78028 (512) 257-2993 December 8, 1992 Robert Lee Mosty Red Bird Loop Center Point, Texas Dear Mr. Mosty, This letter is in reference to your previous conversation with Mr. T.H. Lackey, Commissioner, Precinct 2, concerning road easement on your property on Red Bird Loop. This letter will allow us to realign Red Bird Loop at the curve and remove the ..,., trees needed for realignment at your property, in exchange Kerr County Road & Bridge will relocate the fence. When signed by you, this letter shall grant permission for the Kerr County Road & Bridge crew to enter your property on Red Bird Loop in Center Point, Texas. Please keep the copy for your records. follow. The legal paperwork for easement will Thank you for your cooperation. Sinc Leonard Od Jr. Road Adm istrator Robert Lee Mosty Date j G ... _ __ - - _ ROAD BASE tn~Ua~s oats - -- --- -- Prepared By Approved Qy y/IISUtJ JUtI~_ti CUM?ANY G71JM1 Gf1EEN 7104 DUFF MADE IN U.$ ~~ _ i 2 3 . n .~__- DATE COMPANY NAME ESCRIPTION __ __ _, L4ANCE_ f ,c c stet • ~ `1 r ' /° ~u-d - 2 ~iY1C~ 3 - - -t - - ~ ----- /'~ -I~I~ i.~ ~ .i.~ .,c ~ ~ i ~ O ~ - ~y, ~ - ~ 0 ~~ ~...~ 1 ~ •' .~.- 23 ~ Oo 0 ? ov '' 2 ~ 4 r ~ - ~ GJ ~- - ~~~~ --yy l /y,, ~ ~ a 0 6 v ~ ~ " ~ O o ~ ~ ~•, w• -- -- 0 I f 2 q , Cha~+..~c~ ~r~~ ~G~" ad ,~ ~ ~ ~~ r 1 9 ° ~ ~ 'a ~ ~s 21 5 ~`' ~ ~ $ 28 5• l 30 3l 32 33 75 Y~(X1t1NTY RCCDl1NTS PAYABLE SYSTEM ~ 17 Dec199b Disburse~ents for Vendor(s): 655 THE SDfTNAfd= 6ROLIP, INC. Dishurseuents Made frot 81/81/93 thru 12/17/96 PR6E 1 ,atieck ~......... HC Check Date Check Reaunt. Invoice IDs Vendor Inv/Cr. Gross Ret/Init Bal Description ................... 9511-ACA 81/26/93 :3,888.88 36835 1'93/BASE t3, 888.88 RQRD BRSE Total for 655 - KELLY LYNN SMITH t3, 888.88 grand Tatal f3, 800.08 '. records listed. Grievances of Mary Mosty Smith and Belinda Mosty Stanush against Ken County (Robert Lee Mosty will be providing details for clazification) DAMAGES 1. Tract of land ,known as "Tom Moore Place" consisting of 174 acres in Center Point, Texas, was damaged by Ken County when they purchased caliche from this property in about 1992. Repeated requests to have land restored to usable condition have not been honored. A huge caliche tank, approximately 12 feet deep and 120 feet in diameter nearly went dry this summer. Damages done by the county to the elevation of the land have prevented pumping water overland to this tank as we have done every year for many years. Fish and many trees planted around this tank in 1980 have died as a result of this. This tank was not usable for watering stock. About 100 balesof hay in the hay barn were ruined when attempted water flow was div erted and disrupted by the elevation that was not properly repaired by Ken County. Water also flooded into the equipment shed and beneath a house. 2. The county widened Red Bird Road to within three feet of our fence- line with one foot of shoulder and a two foot slope to the fence .Because no easement was left between the road and our fence, on eight different occasions cars have hit this fence, damaged it, and sometimes have allowed cattle to escape. Because of the manner in which the earth was enbanked against our fence line, water does not flow as it should into diversion ditches leading to the large caliche tank. The diverted water flow caused by their road expansion is causing a gully to be washed on our land. All the water fr om about. a half mile offence goes through one culvert now causing this erosion on our land. 3. Land was taken. our fence line moved, and three beautiful live oak tress were bulldozed down without permission or compensation. This was done to round nut a corner on Red Bird Road. The other curve that the county rounded near there took about ONE-THIRD the amount of land that they took from our property. GENERAL INFORMATION This land was given to us by our father in 1972. Our use of the land has been limited to fishing in the tank, occasional hunting, and appreciation of the spectacular view from the property. Hay and equipment have been stored on the property. Cattle and hogs are sometimes raised there. I lived in El Paso and my sister lives in San Antonio. Distance and my long-term critical health condition have prevented us from seeking compensation and restoration of the land until now. Our father has repeatedly tried to seek a resolution on our behalf, to no avail. BACKGROUND FOR GRIEVANCE 1 Kerr County officials approached my father in about 1991 about buying caliche from our land for road repairs and expansion nearby. They were to restore and repair the land to an environmentally acceptable condition where water could continue to be pumped from the river to our caliche tank as had been done for many years. We have not been able to pump water into the tank since the county took the caliche. The tank was virtually dry this summer. Water for the hogs could no longer be provided from this tank. Wafer had to be pumped from a very weak residential well that eventually pumped mud ,presenting great difficulties and additional expense. Rob ert Lee Mosty has made repeated, but futile attempts on our behalf to get the county to repair and restore the elevation of the land as per agreement. When ahalf--way attempt was made by the county to rectify the situation, the backflow of water flowed into the haybarn, equipment shed, and beneath the house doing damage. SEE ATTACFIlViENT 1 FOR SURVEY DIAGRAM OF ELEVATION BACKGROUND FOR GRIEVANCES 2 & 3 My father was approached about us giving 6 feet of land to the county along about 1/2 mile of fence line. They also asked that we donate some land so they could round out a curve on Red Bird Road. We were told the people on the other side of the road were going to donate a like amount to round out this curve. They said no trees would be destroyed on our property. Anew fence would be built along they 1/2 mile and they would grade inside the fence. The land in question would probably total an acre. I responded that I would be happy to sell this land, but I certainly wouldn't give it to them. This road expansion and improvement would not benefit us as we use a private road to our land. The county proceeded to widen the road to within 3 feet of our fence causing all of the previously mentioned problems. They rounded out the curve, bulldozed three of our large oak trees, moved our fence line a large distance, and did not seize any of the land of the property owner across from there. WE ARE SEEKING: GRIEVANCE 1 (a) Repair and restore land to original condition where water can once again be pumped from the river to our tank. This is going to take a tremendous amount of moving of dirt to get it to flow again. It might be more cost efficient to provide a pump for a well near the tank that can be used for the same purpose. Regardless of how the county would choose to rectify this situation, they must provide us with the means of once again filling this tank. At present the water would have to flow about 3 1!2 feet uphill to reach the tank. Needless to say, water DOES NOT flow uphill (b) $200 for damageg'to hay that mildewed and was ruined when water flowed into this hay barn. The damage was due to the failure of the county to restore the elevation of the land where water would flow to the tank. GRIEVANCE 2 I have no solution. The county should provide one as the fault lies totallly with it. GRIEVANCE 3 $6Q50~0~~~ fpr the value of the land that was taken and the three ancient live oak trees that were Dc+c. i@ '~J6 .@:21 ~.~''' TRANG2UUIl .._.~ FROM 2248927 ~ P. 2 .r ; ' `~'; ~~ ` ._`. .._.~ _;........ _ .. __..._..~~.._. ~"~• ~ ~ ~ ~-~_ ~ 1. ~r ~ ~ ~..; .1 t ...~... ...«_._. ....~.~.~... ..~_ I _ _ I.~. ~.. ( .i ... t , .s.,, ~ ~ 1 -~-.--. ..... t._; ~rd ..... .. ..._. .. ..... _I_ ~. , .. j. I ..__..t_ I (~ ..... ..1....._.~ t.. .. _.. _ . ..t_} 11 ice. i I ~ I I._... I ~. . L_....y._ __.: .: ~ : .: ..::::' : ~ ........: ~ ~___.,._~,., ' .. ; ~ ~.....:':: , ;-;-'~ _~'+ --- is ~ -s-?--- ..f_._.:-~: I. ._r.... _ ~ r ._. ,__ ._... ._ ...._ •. ~ -.-~~~ .- t.... .cam«. ' ' ~~J...:_. .. F .... +! , ~._ r,; ~~~._ .__r..... ' .. ..... ~... ...r..-. _.1 ._.. ~ , Y KERB COUNTY ROAD AND BRIDGE DEPARTMENT KERRVILLE, TEXAS 78028 (512) 257-2993 December 8, 1992 Robert Lee Mosty Red Bird Loop Center Point, Texas Dear Mr. Mosty, This letter is in reference to your previous conversation with Mr. T.H. Lackey, Commissioner, Precinct 2, concerning road easement on your property on Red Bird Loop. This letter will allow us to realign Red Bird Loop at the curve and remove the trees needed for realignment at your property, in exchange Kerr County Road & Bridge will relocate the fence. When signed by you, this letter shall grant permission for the Kerr County Road & Bridge crew to enter your property on Red Bird Loop in Center Point, Texas. Please keep the copy for your records. The legal paperwork for easement will follow. Thank you for your cooperation. Sincer~y, Leonard Od Jr. Road Adm istrator -- - - ~1 ~'-9'2. Robert Lee Mosty Date G4Rf of ~~`, OFFICE OF THE COUNTY ATTORNEY KERB COUNTY, TEXAS CouNn covxniovse, Sur~B B2o 700 EAST MAOJ srRBSt KBRRVILIB.'[bcAS 78028-53?A •I~[.~fioNe (210j 896-5338 Fwx (210) 896-0504 DAV1p M. M071BY, Oxm~nArraar~r Robert L. Mosty 10515 Sagewillow Lane Houston, Texas 77089 -t ~Op}~ October 4 , 199 5 Itss D. BAItBY, Asfm'~NtQOVtr[YAt7wa~Y HAROLD J. DANEORD, Asfm~xr owxrr Ar~art[a.~r Re: Fence Facing Stoneleigh Road Dear Mr. Mosty: This letter is in response to your letter of September il, 1995, to Judge Denson concerning your fence facing Stoneleigh Road, near Center Point, Texas. At the request of the Judge, The County Engineer and I made a site inspection of the location in question, and did research into county Road & Bridge Department records concerning that location. We found that the only work that the county has done at that location which could have in any way impacted the fence was the paving which was done in April, 1987. The road was also sealcoated in 1989, but this activity would not have had any impact on your fence . Our inspection also revealed that the property is cultivated in such a manner as to push the dirt in the enclosed field toward the fence. If this has occurred year after year, this would most likely account of the fact that the fence has begun to lean toward the road. These findings were reported to the Kerr County Commissioners' Court at their regular meeting on September 25, 1995. Given what we observed and what county records show, the Kerr County Commissioners unanimously agreed that Kerr County is not able to take responsibility for the condition of your fence. Robert L. Mosty t ' October 4, 1995 Page 2 We apologize for any inconvenience that this may cause you. If you have any questions, please feel free to call me. Sincerely, David Mot y County Attorney IB/ib xc: Robert A. Denson Kerr County Judge Ray Lehman Kerr County Commissioner, Precinct ,~1 T. H. "Butch" Lackey Kerr County Commissioner, Precinct #2 Glenn Holekamp Kerr County Commissioner, Precinct #3 Bruce Oehler Kerr County Commissioner, Precinct ,~4 Franklin Johnston Kerr County Engineer C. A. LETTERS - A:~NOSTT.LTR ---------------------------------- ------------- ?._RRCOUNTY ACCOUNTS PAYABLE SYSTEM ~ 17 Dec 1936 ' Disburse~ents far Uendar•(s): 655 'NE SOFTWARE GROUP, INC. Disburse~ents Made frog 81/81/33 thru 12/17/96 PAGE 1 "eck #......... FfG Check Date Check A~ount. Invoice IDs Vendor Inv/Cr. Gross Ast/Init Bal Description ................... :3511-APCA 81/26/93 93,808.88 36835 1'931AASE 33,808.00 RED BASE Dotal for 655 - HELLY LYNN SMITH 93,880.00 ~r•and Total 93,080.08 records listed. f~~~ - ~Ic9.~.- - - .•_~ - - - ..., 15 - 6 L- 555 - ROAD BASE tn(uals o.it~• - - -------- -- - ----- - -- - __ - Prepared By _--- --- - - - - ---- --- --- - - - - -_ - - - ---- - ----- - aPPraved 8y ~? WILSON JONES COMPANY G72Ja G~[EN 7201 UUFF -_~ MnUE w u. , a f u r ti ia~i • 1C t 14 tE 13 20 21 22 23 24 25 26 27 28 zs 30 31 32 33 34 35 (DATE COMPANY NAME ESCRIPTION AM __ LANCE 3 ~ ,~ /~ ~.~ ~ o , -- ~ , - - 1~ - -~ - ~ 3 `~ 7 r5 ~~ `~ ' ~ I o ~ ~ ~ _ ~iL:r~ a a,.-- D I, -- t n- •-•- 23 - 7 Oo a - ~ ~-- 7 ,. O J 2 ~ 4 G 4f~co ~ ~ ~ o~ - -} -~ --+ I I 9 1h-~+,~,~ ~>~ d-t" as ~ F f.L ,~, . ° ~ 9 v 1 k //((~~ ~ ! ~~ /,u G~ l a f~ ~ - cv ~ O g C~ ~ ~ i.,~.. J - ~ - / Dv _ l.0 1 0 D - - - -- - ---- --- _- ----- -- 1 -~ f -- -- - ------ + I ~ I - -- - -- ~ ~ -al ~ --- - - - -~ ~~ - - i ~~ ~ - I i I i 4 l 1-- I ~ ~ ~ S ~ I ` I ~~ I ~ ~ ~ ~ i~ - 1 ~ ~ - - I ~ I ~ ~- ~ - - - - - - -j- -; - ~ i I~ f r ~ I COMMISSIONERS' COURT AGENDA REQUEST * PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: T.H. Lackey MEETING DATE: January 27. 1997 OFFICE: Road & Bridge Department TIME PREFERRED: SUBJECT:(PLEASE BE SPECIFIC): Discussion of Robert Lee Mostv property on Red Bird Loop EXECUTIVE SESSION REQUESTED: YES NO XX PLEASE STATE REASON: Report on Robert Lee Mostv property on Red Bird Loop ESTIMATED LENGTH OF PRESENTATION: 10 minutes PERSONNEL MATTER -NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: T.H. Lackey, Commissioner Pct. 2 Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapters 551 8~ 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 lgquest being addressed at the earliest opportunity. See Agenda Request Guidelines. r~o 23g2A Oxder `' ~nuntV 3ud~e or~2e t},e r ~,o ~otWriye lento tY gabe~t Lee ~ro~er~Y reaa~diBlyd Loan on ged 199 3anuarY 27~ 34 ~)o~ • ~ Pq l