ORDER NO. ~591~ AF~F~ROVE FINAL FLAT OF THE DUTCH FARi'n On this the icth da}j of J~..~lij l~~g, +:pan matian made by Cammissianer Let z, secanded by Gammissianer Griffin, the Ca~_~r^t unanimously appr^oved by a vote of 4-~d-~, tt-~e final F? at of The D~_ttch Far^m as s~_tbmitted. COMMISSIONERS' COURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Franklin Johnson, P.E. MEETING DATE: July 12, 1999 OFFICE: Kerr County Road & Bridge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Consider Final Plat of The Dutch Farm, Pct. 3 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston, P.E./Kurt Zant ESTIMATED LENGTH OF PRESENTATION: 10 minutes PERSONNEL MATTER -NAME OF EMPLOYEE: ~~~ 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 scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: Cad All Agenda Requests will be screened by the County Judge's 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 Rules Adopted by Commissioners' Court. 07iB6r1998 13:08 FROM ZRN? FGP.MS TO P. B1 i ~~' ~I ~~;~`t .~ I~.I'i`Y ~~. T~~.'~'~ 1J~i1:.C)- r'~ ~ Z:) T1Z~TS`h ~.. ,,, i i HOME OFFt(:E P.J. OOx alt FREDERIQKSBURG, TEXAS 78824 ~-'" ~~ PH: (8301 997-75%5 • (800) 88C-0649 ^''~` ..~, TO: COUNTY OF KERR t~'ROM: SECURITY STATE BANK & TRUST 401.0 SAN ANTONIO HWY. P. O. BOA 220 KERRVILLE, TX 78028 COMFORT, TX 78013 LETTER OF CREDIT NO.O$Ql~. (Maintenance of Roads, Stzeets and Alleyways in The DukehF~l (Name of Subdivision or Location) A DEPOSIT UN BEHALF OF Cart D, 7.ant a_nd he Dutc Fa_r_m__ SLbdivi.sion. This is an irrevocable letter of credit issued to you the County of Kerr, Texas, at the request of (''„rt D - n - in accordance with Chapter 5, V.T.C.A,, Texas Business and Commerce Code. This Bank promises to pay to the order of the Kerr County, Texas, upon presentation of a sight draft, arty amount not exceeding the cumulative total of ($} 8,000.00 on or after ~y 6,1999. This is zaot a natation credit, and Kerr County, Beneficiary, shall be entitled to payment without the presentatian of documents. )n accordance with Section 5.106 of tb.e Texas Business and Commerce Code, this lettez of credit rr~ay be modified by the reduction of the total ouistaziding and unused amount of this credit, upon the execution az~d delivery to issuer of a sworn statement making demand by the County Engineer of Kerr Courxty, or by anyone purporting to be his duly authorized agent, and presenting a document to that effect on Kezr County letterhead. This letter of credit shall expire on Iuly 6, 2000. IN WITNESS WlLEREOF, the Issuer has caused this letter to be signed and attested by its dul}j ~~ authorized officer(s) ,vho has attached proof of this authorization to sign, and sealed with the Issuer, this the ~ day of dvlX. 199 ISSUER: i ~I ~, ~ • 1ri y Ct t¢ B nk .Trust Camfort_ Texas By:~?ff~. 'i > ~~~ Signature: 6Rk~ fl ~t:FFiCF GA~'.PIC41 OFFICE DPAt3CF~ OFFICE BRAI:CNaFF1CE ANCH OFF~CF FsRANCN QFPVC~ BRAT+CH OFFICE 9RANCH OFFICE I10. ~Gn I?SC r'.C. tiOX 15"5 F'.U BGX 38 PG. 5UR 2004 .G. 60k 786 k0. BOX 1647 P.Q. SOX 85 R0. BOX 220 Lr I„ W+~•.,D. TX 7Hi, 7 h'~h: ,3LAkD. TX 78~,.i? HARFEG. T7: iAG~~d l KL-RR'dILLE. T,~ 7W24 A7.IRBLE FALLS. T7t : 46ba HGF~+t, 'X T8'd06 BU4VEFlDE. TK 76tPa? :04ArCHT, TX 78GT3 1 0.~:.:12an0 '1 ~3'S".8d-3535 ,9?7!SBn.~nr,:0 (8°3J; 865-2060 1230)893•SF„53 i. s.~0)249.9292 !8:sV1 a3F,-s8a6 ~i.930j 96.5-6488 ~ MEMBER FDIC TOTgL P.91 APPENDIX I ROUTING SLIP for FINAL PLAT Office Use Only Date Received by R&B ~lZSl9~ Kerr County Application for Final Plat of a Subdivision AGENDA DATE REQUESTED: J u ~ Y ~ Z I I qQ 1. Final Plats are to be submitted to the Ken County Engineer, for Review Thirty (30) days prior to next Commissioner's Court Date.** Signature: la/Uw 6~2 r R (Kerr Coun Engineers Office) Date C ~r~ 2. Copy of Final Plat to County Clerk and arrange for payment of fees per Ken County Subdivision Rules & Regulations. Amount Paid $~! ~ Signature: ~ ~ ~ (~ ~7 f/f Vt~ ( ty Cl Office) Date 3. Upper Guadalupe River Authority [ ] Spetic Permit Fee Amount Paid $ ~'-' Signature: (UGRA Office) Date ~~s ~u~ ~-~~~) ** You must then COMPLETE this form and return it to the County Engineer Fifteen (15) days before Commissioner's Court Agenda Date. (1 of 1) Appendix Kerr County Subdivision Rules & Regulations May 14, 1998 PAQe 1 F Restrictions for the subdivision: THE DUTCH FARM -o° "~' KNOW ALL MEN BY THESE PRESENTS: That Curt D. Zant, acting herein by and through as authorized president of the Owners Association of THE DUTCH FARM SUBDMSION, does hereby adopt and establish the hereinafter setforth RESTRICTIONS, COVENANTS AND CONDITIONS as to the use and enjoyment of said subdivision to apply to all of the lots of THE DUTCH FARM as set out: 1. All lots shall be used for the sole purpose of residential purposes and not for business use excluding lots 3 & 4. 2. No tracts shall be subdivided any less than 2.5 acres. 3. No tracts shall have more than one (I) residential dwelling. No other means of habitat (RV's, campers, tents or trailers) shall be placed on the lot except for the sole purpose of storage or parking. 4. No residence shall be erected or placed upon lots which does not contain at least 1400 square feet excluding garage and porches. All buildings must be completed not later than 6 months after foundation has been Iaid. 5. Residence construction may consist of the following materials: wood frame, steel frame, or masonry. There shall be no mobil homes, trailer homes or modular homes. 6. No structure of any kind shall be moved onto the premises with out first obtaining a written consent - from the Owners Association and that all construction be of first class materials. 7. Accessory outbuildings must be of first class material and must be placed in the rear of the residence. 8. No lot shalt be used or maintained as dumping ground for rubbish, trash or garbage or other waste shall not be kept except in sanitary containers. Equipment for the storage or disposal of trash shall be kept in a clean and sanitary condition. 9. Non-running vehicles may not be stored on the premises. Vehicles must be registered and insured. 10. No noxious or offensive trade shall be carried upon any lots, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood. ~ 11. Poultry will be limited to 6 per acre. Other livestock will be limited to 2 per acre. There will be no swine or hogs. 12. Easements for installation and maintenance of utilities and drainage are reserved as shown on the recorded plat. Within these easements no structure or materials shall be placed or permitted to remain which may interfere with the installation or maintenance of utilities. 13. All minerals in, on and under the above described property are excepted from this conveyance and are hereby reserved to Grantor.. 14. Minimum allowed builidng setback shall be nor less than 50 feet from road right of way.and or front property line. 15. An assessment fee of $6.00 per month per track owner (which may be paid semiannually or annually) shall run against each tract for use and maintenance of road and operating cost of Or~tiers Association. The decision of the President with respect to the use and expenditure of such funds shall be conclusive. Such assessment shall be and is hereby secured by a lien on each tract respectively, and shall be payable to the Owners Association at: Thy Dutch Farm Owners Asso. #4 East Cotton Drive, Comfort, TX 78013 on or before the 1st day of October of each year. These covenants are made and adopted to run with the land, and shall be binding on the undersigned and all parties and persons claiming through or under it for a period of thirty (30) years from the date these covenants are recorded. If the parties hereto, or any of them, or their heirs or assigns or successors, shall violate or attempt to violate any of the covenants herein contained, it shall be lawful for any other-person or persons owning any real property of THE DUTCH FARM Subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and either prevent him or them from so doing or to recover damage for such violation. The invalidation of any of these covenants by judgment or court order shall in no wise affect any of the other provisions, which shall remain in full force and effect. EXECUTED this day of 1999. THE DUTCH FARM SUBDIVISION Curt D. Zant, President Curt D. Zant STATE OF TEXAS COUNTY OF KERR Before my, the undersigned authority, on this day personally appeared Curt D. Zant, President of THE DUTCH FARM SUBDIVISION, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purpose and consideration therein expressed. GIVEN under my hand and seal of office on this day of 1999. NOTARY PUBLIC FOR THE STATE OF TEXAS VORDENBAUM ENGINEERING INC ~` 507-D EAST HIGHWAY STREET, FREDERICKSBURG, TEXAS 78624 830-997-4744 FAX 830-997-6967 June 11, 1999 Mr. Curt Zant 117 Hermann Sons Road Comfort, Texas 78013 Re: Job No. 99052, 50-acre Subdivision, Drainage Appurtenance, Kerr County, Texas, T99052-1. Greetings, Cursory investigations at the site were completed by personnel of this office on May 27, 1999 and June 4,1999. The purpose of these in- vestigations was to assess the proposed subdivision for potential problems concerning drainage. The southern portion of the proposed subdivision drains to the county road bar ditch then to a 2 foot diameter CMP culvert. The calculated 10 year f low to the culvert pipe is 52 cfs . The approximate capacity of the existing culvert pipe is 18 cfs. The northern portion of the proposed subdivision drains to the county road and runs across the pavement. If the developed subdivision road includes bar ditches, some additional measures such as culvert pipes at the subdivision en- trance and across the county road may be required. It does not appear that the development of this subdivision would significantly affect the runoff with the exception of roadwork which may concentrate flows. ~ Lots 5, 6, 12 and 11 have a drainage crossing them. This drainage does not have a defined channel at this time. This drainage has an area of 32 (plus or minus) acres draining to it. The calculated 100 year flow to these lots is 77cfs. A channel with the following specifications would be required to pass the 100 year flow: Bottom width = 15 feet Side slopes = 3:1 "' Depth = 2.5 feet Therefore, it is hereby recommended that a continuous drainage ease- ment be created at the low line of lots 5, 6, 12 and 11. This drainage easement should be a minimum of 30 wide and be written such that any crossing across this easement be designed to pass the 100 year flow of 77 cfs without adversely affecting the lots above or below the crossing. Further, the drainage easement shall not be filled and a channel with the above specifications be maintained. If I can be of any further assistance concerning this matter please feel free to call. Sincerely, Stuart W. Vordenbaum, P -/I~g~ SURVEY OF FASI]4alP OF DUTCH FAIdy6 SUBDMSION STATE OF TEXAS ~a~9 COUTNY OF KERR FIELD NOTE DESCRIPTION OF A THIRTY (30) FOOT WIDE DRAINAGE EASEMENT BEING SITUATED IN KERR COUNTY, STATE OF TEXAS, SAID - DRAINAGE EASEMENT BEING LOCATED IN ELIAS STEPHENS SURVEY NO. 382, LOCATED IN A 49.05 ACRE TRACT OF LANG BEING A SUBDIVISION OF ' LAND, THIS DAY KNOWN AS THE DUTCH FARM, BEING THE SAME TRACT OF LAND AS CONVEYED IN A WARRANTY DEED DATED OCTOBER 8r" 1998, FROM SOL WEST III TO CURT AND TRICW ZANT AS FOUND OF RECORD IN VOLUME 871, PAGE 735 OF THE REAL PROPERTY RECORDS OF KERR COUNTY, TEXAS; SAID THIRTY (30) FOOT DRAINAGE EASEMENT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING al a point In the east line of Hermann Sons Road, being the Southwest comer of this herein described drainage easement, being N00'36'S8'VN, 4.83 feet from the Southwest comer of Lot 11, being the most Westerly Northwest comer of Lot 12 of the said Dutch Farm Subdivision, also being in the West line of the said original 49.05 acre tract; THENCE NO.36'b6"W along the said East line of Hermann Sons Road, being the West line of said Lot 11 and the West line of this herein described drainage easement, at a distance of 30.30 feet to a point for the Northwest comer of this herein described drainage easement; THENCE along the North line of this herein described drainage easement with the following Sbc (8) courses: 1) S82.31'11"E al a distance of 428.23 feet to a angle point; 2) S68.27'09"E at a distance of 123.20 feet to a angle point; 3) S80.3T'29"E at 3.79 feet passing the East line of said Lot 11, being the middle West line of Lot 12, continuing a total distance of b88.60 feet to a angle point; 4) STb•20'11"E at 5.60 feet passing the East line of said Lot 12, being the West line of Lot 8, continuing a total distance of 147.43 feet to a angle point; b) N76.19'47"E at 396.33 feet passing the East Gne of said Lot 6, being the West line of Loi 5, continuing a total distance of 399.41 feet to a angle point; 6) N88°51'b2"E at 220.83 feet passing the East line of said Lot 5, being the West line of Lot 4, continuing a total distance of 237.50 feet to a point in the East line of said Lot 4, being the East line of the said Dutch Farm Subdivision, also being the Northeast comer of this herein described drainage easement; THENCE SO.45'13"E along the East line of said subdivision, being the East line of this herein described drainage easement, at 15.00 feet passing the Southeast comer of said Lot 4, being the Northeast comer of Lot 5, continuing a total distance of 30.00 feet to a point for the Southeast comer of this herein described drainage easement; . THENCE along the South line of this herein described drainage easement, with the following Soc (8) courses: 1) S88.51'S2"YV at a distance of 234.00 feet to a angle point; 2) S76.19'47"YY at 0.75 feet passing the West line of Lol 5, being the East line of Lot 8, continuing a total distance of 403.69 feet to a angle point; 3) NTb°20'11"W at a distance of 1b3.62 feet to a angle point; 4) N80.37'29"W at 5.00 feet passing the Wesl Tine of said Lot 8, being the East line of Lol 12, at 578.14 feet passing the middle West line of said Lot 12, being the East line of Lot 11, continuing a total distance of 590.41 feet to a angle point; b) N68.27'09"W al a distance of 122.70 feet to a angle point; 6) N82'31'11"yV at a distance of 420.26 feet to the PLACE OF BEGINNING. I, Thomas G. Pattison, do hereby certify, that the foregoing field note description was prepared from an actual survey as made on tho Around by me, under my supervision and direction and that the same are true and corned. NorE: BASIS OF BEARINGS deriv ~ true NoAh observations using G.P.S. (Trimble 4400 e 13-n' y, 1999. ~!~L cl P `fF ~.,~ ssl) R.T. ~~ FILED FOR RECORD O AS G. P SON ' r ~' o : u~. Regfstered Professional Land Surveyor No. ~~ ~r 4S G. F.aT'I°' ~9t.~.""" ~"' Dated this the b"' Day of July, 1999 `;i. f~.~h J.~7q r :~ '. ~~~ 6 1999 ~','r •A'[a'lt~r ~~F ~\s~ia~_.~.. 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