ORDER ND. 27345 SHEPPRRD REES PROJECT RIGHT-OF-WAY ACQUISITION On this the iQth day of Decem6er^ 2001, upon motion made by Commissioner- Baldwin, Seconded by Commissioner- Letz, the Court unanimously approved by a vote of 4-0-0, to r^efer with the County Attorney on the issue of acq~~isition of the right-of-way from Mr. Rick McCr•ay and r^equest that the County Rttor^ney pr^ovide u5 with his response within two weeks of today's date. COMMISSIONERS' COURT AGENDA REQUEST .--. PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY; Franklin Johnston P.E. OFFICE: Road & Bridge MEETING DATE: December 10.2001 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider remaining right-of--way acquisition needed for Shepnazd Rees Project. 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 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 towazds your request being addressed at the eazliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. RERR COUNTY ROAD & BRIDGE MEMO DATE: DECEMBER 3, 2001 TO: COMMISSIONERS COURT af~ FROM: FRANKLIN JOHNSTON, P.E. (I U RE: 0.25 ACRE RIGHT-OF-WAY ON SHEPPARD REES 1. We have all the right-0f--way for the Sheppard Rees project except 0.25 acre owned by Mr. Rick McCray. The Horizon Subdivision. 2. We had the 0.25 acre ofright-of--way appraised by Billy Snow, Tex Appraise, and the land is valued at $972.00 and moving the fence $400.00 for a total of $1,372.00. Mr. McCray feels his land is worth $30,000 an acre so the 0.25 acre is worth $7,500.00 3. Mr. McCray is willing to donate the 0.25 acre of right-of--way to Ken County if ,_ he gets the following: a) $7,500.00 Tax Credit for Donation of property. b) Permission to place his sales office on the remainder of land across from the Horizon Gate, approximately 0.7 acres and let him use his aerobic septic system and cross the road with a water line. Office would be removed when all lots in the Horizon aze sold. 4. We ask the Court to refer this to the County Attorney (or private attorney if they choose) to see if the "Tax Credit" would be something the County could or should do. 5. Other methods to acquire the property would be (I) condemnation (2) azbitration, or (3) negotiation. These are also functions an attorney could best perform _6,~Zd k b_.~l~y i, (,+`~Q~.+ S~n~~ C Y~ v~T t-4 S~ PE~\ C~t~zr, ~~nd ) ~~`'. { ~ b. bra -._, ` _ i - _ _, t.J b ~ A tr1 AGE ® bG. ~L..~^r~~h ~ tv`C`:~a, ~acvs -.. ~ 1 ~°~ ~.. 'c-'.. ~~~~b'c ~~v~e~'t~ ~Y ~~ts-~-t~.t ~W ._ ~ S~ ~~ ~~, ~~-t~, mow.,-E,tz. ~ Scw22 --~ p.R e a~P~ ~ ~~~~ - -- i ~ ~ ~ I~~CtL (~c ,, ~ c -- r ~~ -- A,c~e7 L NE ~,.~ 'Zc~ u.~ << ~_ ~. ~• Y w1 ~ ~ /~ v °,r ~ ~ ~, ~S spa c' e 0 ~, .y~~ 1~y'k~- i ~; :~. --- ~~ ~~ 8 l 'y O,~ y~-S a ~d•~ =s8 s y b~. S ~1p J1y.~i ~~y~%b'~~°~s ~~~ ~ .~~ o °a~ `-- ~j ~ Jb, dir.: ~~ V 0 "fb ~ ~~ ~s`y~ oG°~°~f F mo aG F9 9 ~ ~ 0 ~a1 O a' a6os! ', ti ~1 J ~a. ' `~a ~S ~O A~~ s _Fx` . . 1 ~y ' Cqy -~ ~. ~ , G