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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REOUEST AND DOCUMENTS
-- TO BE REVIEWED BY THE COURT.
MADE BY: Franklin Johnston, P.E. ~ OFFICE: Road & Bride
MEETING DATE: September 13. 1999 TIlViE PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider Water Line Construction by Vlasek Pump on Rustic Hills
Road~Pct. 4
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON
NAME OF PERSON ADDRESSING THE COURT: Bill Vlasek/Franklin Johnston, P.E.
ESTIMATED LENGTH OF PRESENTATION: 10 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with
Title 5, Chapter 551 and 552, government Code, is a follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
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 Rule Adopted by Commissioners' Court.
~~ ~0~~ 4010 SAN ANTONIO IIWI' Phone: (830~L,57-2993
KERRVILLE, TX 78028 FAX: (830)89G&181
I~AD &
Tuesday, August 17, 1999
Vlasek Pump Company
P. O. Box 326
Hunt, TX 78024
Dear Sirs;
The Kerr County Commissioners Court through Court Order 25868, dated May 24, 1999,
has authorized the paving of Rustic Hills Road (also known as Belfield Road) from the
intersection with Rock House Road to the end of the dedicated right of way of Rustic Hill
Road.
In preliminary preparation for this paving project we have discovered that there is a
main water line, owned and operated by Vlasek Pump Company, buried on or the near
the centerline of the dedicated road right of way. Placement of this line in this location
was in violation of Kerr County rules and regulations in effect at the time the line was
installed. This placement is also in violation of the current Kerr County Subdivision
Rules & Regulations, dated May il, 1998.
Before the road can be paved it will be necessary for Vlasek Pump Company to move the
line to be in compliance with the current regulations. For your information we have
extracted and attached from the Subdivision Rules & Regulations page 15 which eavers
the installation of utility lines along county maintained right of ways and Appendix H
which covers installation of utility lines which must crass county roads.
Our current plan is to re-survey and clear the right of way by October, 1999. When the
clearing of the right of way is completed we will need Vlasek Pump Company to relocate
the water line immediately.
If you have any questions, please feel free to contact us.
Sincerely,
Alin Jr
County End
Leonard
Road Ad
Jr.,
P.E.,
Cc: County Judge
Commissioner, Pct. 4 Attachments: Page 15 and Appendix H,
Kerr Co. Subdivision Rules & Regulations
5.03 Water Installations
5.03.A General: Water for lots in subdivision may be supplied by the developer or
by the purchaser of the lot at the option of the developer. If the developer chooses to install a
distribution and supply system that has a potential of 15 or more residential units, plans and
specifications for water systems must have been approved by the Texas Natural Resources
Conservation Commission (TNRCC) and a copy of the plans, specifications and approval letter
from TNRCC shall be furnished to Kerr County prior to final plat approval by Kerr County.
If the developer chooses to install a distribution and supply system that has a potential of less
than 15 residential units two (2) copies of the plans and specifications shall be submitted prior to
final plat approval by Kerr County. One copy will be forwarded to HUWCD by the County
Engineer. .
5.03.B Water System: When a separate central (public) water system is planned, a
written statement from the Texas Natural Resources Conservation Commission (TNRCC)
indicating that the system design is approved and that it will provide adequate water supply to the
subdivision.
5.03.C If the Final Plat is submitted for approval before the water system
construction is complete, a Performance Bond or Letter of Credit will be filed with Kerr County
to guarantee completion.
5.04 Waste Disposal System:
5.04.A General: Each lot in a subdivision must have some legal means of waste
(sewage) treatment and approval by the authorized agent for Kerr County OSSF.
5.05 Utility Lines;
S.OS.A All utility lines that pass under a road or alley shall be installed before the
road or alley is paved. When it is necessary that utility lines pass under an existing road or alley
pavement, they shall be bored to a point at least four (4) feet beyond the edge of the pavement.
(See Appendix ~
S.OS.B Utility fixtures extending above ground (poles, fire hydrants, etc.) will be
within four (4) feet of the right of way line unless engineer approved.
S.OS.C Underground utility lines are to be placed a minimum of three (3) feet
below surface (and meet all safety codes) within a range of 0' to 4 feet of the right of way line.
(See Appendix H)
Kerr County Subdivision Rules & Regulations
May 1 I , l 998
Page I S
APPENDIX H
Underground Utilities Crossing County Road
All utility lines that pass under a road shall be installed before the road is paved. When it is
necessary that utility lines pass under an existing road pavement, they shall be bored to a point of at
least four (4) feet beyond the edge of the pavement.
Should conditions exist making it impossible to bore, the following steps must be followed:
a• A permit must be obtained from the Road & Bridge Department showing location, time
and date the road is to be cut.
b• Signage must be provided in accordance with Texas Manual of Uniform Traffic Control
Devices (MUTCD); and a flagman shall direct traffic during the construction.
c- The road will be dug and repaired exactly in accordance with the detail in Exhibit "A".
d The work will be completed in a timely manner, but no longer than five (5) working
days.
e- After the construcxion is completed, the Road & Bridge department shall be contacted
for the final inspection.
Failure to follow procedure in Item 2 will resuh in a suit to collect the County's damages including
attorney's fees and court cost, and may resuh in criminal prosecution under Section 28 of the Texas
Panel Code.
PAVEMENT REPAIR
Select Q`r'bi" 6 ieebea
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.m c~e,d eo ~~ ~ -
vsx sro oe~t,
(ASrM n~
6 onbs .
--',- i ..
INSTA[.LAT[ON OF PIPE TO FOiJ.OW
COiMIY OF KIItR
SUBDIViStON SPEClFTCATiONS
Appendix
Kerr County Subdivision Rules cQc Regulations
May 1 I , 1998
.~
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RUSTIC HILLS QIILZ13 p~G'E 62S
78616
DECLARATION OP COVENANTS CONDITIONS AND RESTRICTIONS J,
• ~
THE STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTSt3~
COUNTY OF KERR S
WHEREAS, Declarants are the owners of certain real
property described in Deed from Grady Tuck, Jr., et al,
to John Vlasek, et ux, appearing of record in~Vo~ a 206,
Page 9, of the Kerr County Deed Records, and as Tract No.
One comprising 102.86 acres described in a Deed from
Grady Tuck, Jr., et al, to Bill Vlasek appearing of record
in Volume 211, Page 263 of the Kerr County Deed Records,
to all of which instruments and their record reference is
herein made for all purposes, and which parcels of land as -
therein described are hereinafter referred to as "the property',
and
WHEREAS, it is deemed to be to the best interest of
Declarants and of the persons who may purchase lots to b
su divided from said property that there be established
and maintained a uniform plan for the improvement and main-
tenance of said lots and the common facilities as hereinafter
enumeratedt and
WHEREAS, Declarants desire to Brent to tF~e purchasers
of lots an easement for their recreational use and enjoyments
tiOW, THEREFORE, KNOW ALL MEN BY T}iESE PRESENTS, that
0
Declarants hereby declare that the property and`~suc a
as rray hereaft r be mad shall be held, transferred, sold, and
conveyed, improved, and occupied in accordance with the covenants,
conditions, and easements, as hereinafter set forth. and the
property described in Article IV hereof shall be subject to
the restrictions set forth herein and shall run with the
property and be binding on all parties having an interest therein.
°G
ARTICLE I
y~ 213 pA~ 626
DEFINITIONS
Soction'1. "Declarants' shall mean and refer to John •
Vlasek and wife, Louise Vlasek, and 8111 Vlasek, Individually
and d/b/a Rustic N1118 Subdivision.
Section 2. 'Declaration" shall mean and refer to this
Declaration of Covenants, Conditions, and Restrictions.
Section 3. "Dependent' shall mean and refer to a
family member of an Owner or Tenant of Owner who resides in
such Owner's or Tenant's primary residence and who is primarily
dependent on such Owner or Tenant for financial support.
Section t. "Lot' shall mean and refer to such tracts as
maybe subdivided from the property.
~.~ ~~. S ARTICLE II
-_--___- ROADS
~-- ~-
Declarants will, on or before December, 1978, execute
a Right-of-Way Deed to Kerr County, Texas, to the subdivision
roads. Declar~'ants will maintain the roads until the execution
of such Right-of-Way Deed.
ARTICLE III
WATER
Section 1. Declarants, their successors and assigns,
hereby agree to provide water in perpetuity to the Lot owners.
Section 2. All owners desiring water shall be responsible
for a 560.00 charge per standard 3/4" P.V.C. meter hook-up.
Section 3. Except as otherwise provided herein. Declarants
_v
shall charge no more than the following monthly charges for - i,.~
_ j
water service to owners: 54.00 for 3,000 gallon minimums 5.45 !,.~"
for next 1,000 gallons of usages 5.50 for each additional 1,000
gallons used over 4,000 gallonat and 5.60 per 1,000 gallons
used over 10,000 gallons.
Section 4. ltotwithstanding the ebove described price
rate list, Declarants Ray from time to t1me, vary the charges
. (or the cr.eter hoot.-ups and water usage, providing that any
~ Zls p~GE 62~
such varintion shall not oxeood those retoe charged for
similar services by the City of Kerrville.
Section 5. Owners shall ba rosponeibie for costa in
connection with running pipe from their property link to
any other location on the tract.
ARTICLE IV '
• C01-iMON LOT
Declarants are the owners of an undivided interest in
the following described lot lying between Texas Highway 39
and the South Fork of the Guadalupe Rivers
FIELD NOTES DESCRIPTION FOR A 0.35 ACRE TRACT OUT OF A
3.40 ACRE TRACT CONVEYED TO BILL VLASEK FRO:y! GRADY TUCK,
JR., ~ET AL, FRONTING 50.0 FEET ALONG STATE IIIGHI4AY NO.
39 and 50.0 FEET ALONG THE NORTH BANK OF THE SOUTH FORK
OF Tt1E GUADALUPE RIVER IN KERR COUNTY, TEXAS.
Being all of a certain 0.35 acre tract or parcel of land
abutting State Highway No. 39 and the north bank of the South
Fork of the Guadalupe River; out of G.C. b. S.F. Ry. Co. Survey
No. 1868, Abstract No. 1376, in Kerr County, Texas; part of a,
3.40 acre tract conveyed as Tract 4 in a Warranty Deed from
Grady Tuck, Jr., et al, to Bill Vlasek, and recorded in Volume
211 at Page 263 of the Deed Records of Kerr County, Texasi and
being more particularly described by metes and bounds as followst
BEGINNING at an existing 1/2' iron stake on the north bank of
the South Fork of the Guadalupe River, which point marks the
southwest corner of a 0.67 acre tract conveyed to the South
Fork Land Co. by deed recorded in Volume 211, at Page 2b3, of the
Deed Records of Kerr County, Texas; which point marks the
southeast corner of the herein described tracts and which
I~oint bears 1749.49 feet 5.59°13'tJ., from the common corner
of said Survey No. 1875 and 1868, in the west line of said
Survey No. 1358.
T14CNCE, along the meanders of the north bank of said river,
5.49°57'W., 50.0 feet to a point for the southwest corner of
herein described tract;
TtitNCE, along the southwest boundary of said 0.35 acre tract,
N.23°27'W., 317.65 feet to a point for the northwest corner
of the herein described tract;
T1: C!:CEO, along the southeast right-of-way line of said State
tiict~+.•ay No. 39 which forms the northwest boundary of the herein
described tract, 2i.62°43'E., 50.0 feet, to an existing 1/2'
iron staY.e set for the northwest corner of said South Fork
L~r.d Co. , 0.67 acre tract, r.•hich point rr.arY.s the northeast
cciner of the herein described tract of lands
TIiL't:CE, along the southwest boundary of said 0.67 acre tract,
an.t the northeast boundary of the herein described tract,
5.23°OS'E., 306.71 feet to the PLACE OF t3F.GIt:tilt:G, containing
0.35 acres of land within these metes and bounds.
Said tract being sometimes hereinafter referred to as the
"ce-: .on Lot". Declarants hereby grant to those persons holding
title to the property (or in the case of tracts sold to the
~'.•tc:ans Land Board, to those persons then holding a beneficinl

Vtl'~ 213 PAGE 6 2 a
interest in the tract pursuant to a contract to purchase from
the Veterans Land Board) a perpetual non-exclusive easement over,
across, and upon the common lot for the uaea and purposes and
subject to the terms, conditions, restrictions as hereinafter
set forth. ~'
(1) The easement hereby granted ie for the use and
benefit of all owners (and dependents) of the property.
(2) The common lot shall be used only for recreational
and related activities and uaea including hiking, horseback
ridipg, fishing, swimming, boating and picnicking.
(31 All uses and activities on the common lot shall be
subject to the following conditions, restrictions, and reser-
vationst
(a) The lot shall not be used or maintained as a
dumping ground for garbage or other refuse. No trash, garbage
or other waste shall be kept except in sanitary containers. All
equipment for the storage or disposal of such materials shall be
kept in a clean and sanitary condition. and no noxious or
offensive trade or activity shall be carried on upon any
residential lot nor shall anything be done thereon Which may
be or become an annoyance or nusiance to the neighborhood.
(b) No outdoor toilet shall be erected, placed or
i,crmitted to remain on the lot. All individual sewage disposal
s)~stems shall be located, constructed,. and equipped in accordance
with standards and requirements which are substantially equal to
or exceed the minimum requirements for such systems as specified
by governmental units having jurisdiction in such matters.
(c1 No automobile, truck, trailer or other vehicle shall
be abandoned on this property, nor shall there be any dur~~inq or
plecing of unsightly objects of any kind on the property.
_ (d) 2io mobile home, tent or shack shall be plac~•.i,
erected or permitted to remain on this property, nor shall any
Q11G 213 PAGE 629
structure o! a tempornry character, including travel treilora,
ba used as a residence thereon.
(e) No disposal of any kind shall be allowed that
would pollute any stream or body of water or which would be
unsightly, offensive or otherwise adversely affect the natural
beauty and value of the property.
(f) The discharging of firearms of any nature is
expressly forbidden.
(g) No hunting of any kind shall be permitted.
(h) No camping or similar activity shall be permitted.
(i) No littering or trash or garbage disposal shall
be permitted.
ARTICLE V
All of the property will be subject to the following
restrictions:
(1) Non-Commercial Use. No part of said land shall
be used for ar,y commercial purpose, except that nothing
herein shall be construed to prevent the owner from rendering
professional services of a purely personal nature as long as
such services do not attribute to the property or any part
thereof any appearance of a commercial use.
(2) Subdividing. No portion of said land may be
subdivided into lots-oar parcels of less than one and one-half
l C(1 1/2) acres of land./ .
(3) Construction of Buildings and Other Structures. All
buildings and structures in each portion of land shall be of
new construction. t7o unpainted sheet metal or fiberglass
structures shall be placed on any portion of said property
.,._ ..~e .o ,,., wssessorv building. too tent, housetrailer,
ter.porary structure of any character may be placed, constructed
or r.aintaincd on any portion of said land, except on a ter..porary
basis and then only with the express written consent of Grantor.
(4) Size of Building and Structures. In nc event shall
any structure used as a primary residential structure be constructed
' ~ vrn 21s PAGE 6so
on the snid land hnving a living area of less than 1400'•
aquas feet, oxclusiva of porchea,~geragea, or other
eppendagea. •
(S) Animals. No animals, other than hou8ohold pets
may be kept on the premises of nny portion of the property
which has been or may hereafter be subdivided into lots of .
five (5) acres, or leas. On lots of five (5) acres, or more,
horses and cattle may be kept on the premiaesl provided, howevor,
that no more than two (2) animal`unita per five (S) acre tract
shall be permitted.
(6) Sanitation and Sewage. No outside toilets will be
permitted and no installation of any kind for disposal of
sewage shall be allowed which would result in raw, treated or
untreated sewage or septic tank drainage on or into the
surface or water bodies .of said land.
(7) Firearms. No firearms may be discharged on any
portion of the property which has been or may hereafter bo
subdivided into lots of leas than five (5) acres.
(8) Use of Property. No owner shall permit any use of
or neglect of this property to constitute a nuisance.
(9) Covenants Running With The Land. These restrictions
and covenants are hereby declared to ba covenants running with
the land for a period of thirty years.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Enforcement. Declarants, or any owner shall
havo the right to enforce this Declaration by any procoedinq
at law or in equity.
Section 2. The owners may form an association for the
r..aintenance and tmproveroent of the corrTr~n lot and roads.
It7 wIT17ESS ~ HER£OP, thin Declaration has been executed
en this the 25th day of 1+:s3ust ., A.D., 1978.
~LASEY., by an throLgh s
Attorney-in-£ et, ILL VLASEK
/~
L~S~T;K, by an t roua
her tt~ rney~n-Fa t, DILL ~'Lf,SEt:
5~~ .:lt
E3I LL VLASEK
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