ORDER NO. c6~77 POLICY FOR OBSTRUCTIONS IN KERB COUNTY RIGHT-OF-WR1` On this the ~Oth day of October^ 1'3'3'g, ~_rpon motion made by Commissioner Williams, seconded 6y Commissioner- Let z, the Co~_ir^t unanimously appr^oved by a vote of 4-~-Q~, the proposed policy for obstr~_retions in Kerr Co~_mty right-of-way. COMMISSIONERS' COURT AGENDA REQUEST MADE BY: Franklin Johnston P E MEETING DATE: October 25, 1999 OFFICE: Road & Bridge TIlviE PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider Policy for Obstructions in Kerr County Right of Wav EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston ESTIMATED LENGTH OF PRESENTATION: 10 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to asswe 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 towazds your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. ROAD & BRIDGE MEMORANDUM TO: Commissioners' Court FROM: Franklin Johnston, P.E. DATE: October 19, 1999 SUBJECT: Policy for Obstructions in Kerr County Right of Way Rehabilitation of County maintained roads often involves obstructions such as fences, utility lines, buildings, wells, etc. in the right of way. Through the years the Road & Bridge department has approached these issues in different ways. At this time we would like for the Court to consider establishing a policy or some guidelines to deal with these issues. We ask that you consider the following: 1. Road and Bridge will pay a surveyor to do the following: A. Survey and set points to identify the right of way and points on the ground. B. Prepare a plat showing obstructions in right of way and the legal owners of the property. 2. Once the surveyor has identified the right of way, obstructions, and ownership, the County Engineer "-' will send a letter to the land owner that impediments are within the right of way and request they come by our office to discuss what needs to be done. A copy of the letter will be sent to the commissioner of the precinct to follow up. 3. If the landowner does not take any action on their own within 15 (fifteen) days, the County Engineer will then notify the owners by certified mail to remove the impediments from the right of way within 30 (thirty) days. If the item has not been removed after 30 days or other arrangements made, the Road & Bridge department or their contractor will remove and dispose of the obstruction. (See attached sample letter) 4. Should the County require land to straighten or extend a right of way, the County might consider fencing as quid pro quo for donation of property to the County. The legal transfer of the property will be paid by the County. fence policy .ephone:830-257-2993 4010 San Antonio Hwy. FAX: 830-896-8481 Kenville, Texas 78028 Email: kcroads~c~~lRC.com ,,~„ .: ' 'i ~ *,; +, y ''s'ue, ~"-/~~ Tz'. ~ ` Kerr County Road & Bridge Fmtddin Johnstoq P.E. 4010 San Antonio Hwy County Engineer Kerrville, Texas 78028 Leomrd Odom, Jr. Road Adminshator Truby Hardin AdmuustrativeAssistant October 19, 1999 ~^+~ ~~~ Telephone:830-257-2993 FAX: 830-896-8481 Email: kcroads@ktc.com CERTIFIED MAIL # Owner Address City RE: Fence in County Right of Way on McDonald Loop This letter is to notify you that the Kerr County Surveyor has surveyed the right of way on McDonald Loop and has determined that all or part of the fence which fronts your property, is on the County right of way. See attached drawings for details. We are planning road reconstruction on McDonald Loop, and you will be required to remove or relocate your fence from County property. We request that the removal or relocation of the fence be completed no later than 30 (thirty) days from the date of this letter. If the fence is not removed or other arrangements made by that date, the contractor will remove and dispose of the fence. Call if you have any questions. Sincerely, Franklin Johnston, P.E. Kerr County Engineer Attachment FJ/th .~