ORDER N0.274L6
CANCELLATION OF VISTA RIDGE ESTATES
On this the 11th day of Febr~_iary ~_kti02, ~_ipon motion made by
Conimissioner• Williams, seconded by Commissioner Baldwin, the
Co~ar-t unanimously approved by a vote of 3-5-0, to set a Public
Hearing concerning cancellation of Vista Ridge Estates in I;er•r-
County, Texas, for- March 11, year ~Q~~~, at 10 o'clock a. m. in
the Commissioners Courtr-ooin of the I'.er-r- Co~_inty Courthouse.
COMMISSIONERS' COURT AGENDA REQUEST
,.~ PLEASE FURNISH ONE ORDINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Franklin Johnston P.E.
MEETING DATE: February 11, 2002
OFFICE: Road & Bride
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider Cancellation of Vista Ridge Estates (Vol 7, Page 14)
Pct 2 in accordance with 6 OS or 6 06 of Ken County Subdivision Rules
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston P.E./Kevin Crawford
ESTIMATED LENGTH OF PRESENTATION: 10 minutes
r' 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 eazliest opportunity. See
Agenda Request Rule Adopted by Commissioners' Court.
January 15, 2002
Mr. Franklin Johnston, County Engineer
4010 San Antonio Highway
Kerrville, Texas 18028
Dear Mr. Johnston:
3601 72ntl Street
Lubbock, Texas 78410
O
Subject: Dissolution of Vista Ridge Estates Subdivision
I wish to apply before the County Commissioners' Court to dissolve the subdivision known as Vista
Ridge Estates (Vol. 7, Page 14, platted May, 1999). The road through the subdivision has been
abandoned and vacated, and I am now the sole proprietor of the above property owning all twelve lots.
My family has owned and operated Pass Creek Ranch, adjacent to "Vista Ridge Estates" since 1989.
I have purchased "Vista Ridge" from the developer, Jack McClelland, and intend to let it revert back to
pastureland. The property is game-fenced on three sides and I will soon fence in the fourth. There are
currently noabove-ground structures on this properly.
I will attempt to attend the February 4, 2002 Commissioner's Court 'rf I am at all able. If you have any
questions pl~,as@do not hesitate to contact me at 806-787-2945.
Kevin Crawford
Pass Creek Ranch
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^ NOTICE OF PUBLIC
HEARING CONCERNING
CANCELLATION OF
VISTA RIDGE ESTATES
(VOL 7, PG 14) KERB
COUNTY TEXAS
It ty the intention of the Ken
County Commissioners Court
to "Cancel Vista Ridge
Estates" as recorded in Ken
County Subdivision Records
as Vol. 7, Page 14, as
provided by Texas Local
Government Code 232.0085.
Any person who is interested
in the property and who
wishes to protest must appeaz
Mazch 11, 2002 at 10:00 a.m
in Commissioners Courtroom
at Ken County Courthouse,
700 Main, Kerrville, Texas.
Approximate cost to publish in local newspaper is
$70 (per day) X 3 (times) _ $210.00
Can we ask the landowneF to reimburse the cost of the
publication?
^ (1) the revision will not interfere with the established rights of any
owner of a part of the subdivided land; or
(2) each owner whose rights may be interfered with has agreed to the
revision.
6.04.E. Ifthe conurtissioner's court permits a person to revise a subdivision
plat, the person may make the revision by filing for record with the county clerk a revised plat or
part of plat that indicates the changes made to the original plat.
6.04.E The commissioners court is not required to give notice by mail if
the plat revision only combines existing tracts.
6.04.G. The revised plat shall be subject to all of the provisions of Kerr
County Subdivision Rules and Regulations.
6.05 Cancellation of Subdivision: A person owning real property in the county
that has been subdivided into lots and blocks or into small subdivisions may apply to the
commissioners court for permission to cancel all or part of the subdivision, including a dedicated
easement or roadway, to reestablish the property as acreage tracts as it existed before the
subdivision. If, on the application, it is shown that the cancellation of all or part of the subdivision
does not interfere with the established rights of any purchaser who owns any part of the
subdivision, or it is shown who owns any part of the subdivision, or it is shown that the purchaser
..-,
agrees to the cancellation, the commissioners court by order shall authorize the owner of the
subdivision to file an instrument canceling the subdivision in whole or in part. The court shall
enter the order in its minutes. After the cancellation instrument is filed and recorded in the deed
records of the county, the county tax assessor collector shall assess the property as if it had never
been subdivided.
6AS.A ~~ The commissioner's court shad publish notice of an
application for cancellation. The notice must be published in a newspaper, published in the
English language, in the county for at least three weeks before the date on which action is taken
on the application. The court shall take action on an application at a regular term. The published
notice must direct any person who is interested in the property and who wishes to protest the
proposed cancellation to appear at the time specified in the notice.
6.OS.B If delinquent taxes are owned on the subdivided tract for
any preceding year, and if the application to cancel the subdivision is granted as provided by this
section, the owner of the tract may pay the delinquent taxes on an acreage basis as if the tract had
not been subdivided. For the purpose of assessing the tract for a preceding year, the county tax
assessor-collector shall back assess the tract on an acreage basis.
6.OS.C On application for cancellation of a subdivision or any phase
or identifiable pari of a subdivision, including a dedicated easement or roadway, by the owners of
..- 75 percent of [he property included in the subdivision phase or identiSable part, the
commissioners court by order shall authorize the ; ancellation in the manner and after notice and a
hearing as provided by Subsections, (A) and (B). However if the owners of at least 10 percent of
KC Sub Rules & Rcgs Revision A Cettifl~ C~ Y , ~ Page 26
Page ~L /~i-
Anacr.lannoliPinnar K-rrnunh~C.!^~<
the property affected by the proposed cancellation file written objections to the cancellation with
the court, the grant of an order of cancellation is at the discretion of the court.
6.OS.D To maintain an action to enjoin the cancellation or closing
of a roadway or easement in subdivision, a person must own a lot or part of the subdivision that:
abuts directly on the part of the roadway, or easement to be canceled or closed; or connected by
the part of the roadway or easement to be canceled or closed, by the most direct feasible route,
to: a) the neazest remaining public highway, county road, or access road to the public highway or
county road; or b) any uncanceled common amenity of the subdivision.
6.05.E A person who appears before the commissioners court to
protest the cancellation of all or part of a subdivision may maintain an action for damages against
the person applying for the cancellation and may recover as damages an amount not to exceed the
amount of the person's original purchase price for property in the canceled subdivision or part of
the subdivision. The person must bring the action within one yeaz after the date of the entry of
the commissioner's court's order granting the cancellation.
6.OS.F The commissioner's court may deny a cancellation under
this section if the commissioner's court determines the cancellation will prevent the proposed
interconnection of infrastnrcture to pending or existing development.
6.06. Cancellation of Subdivisions if Land Remains Undeveloped:
The commissioners court may cancel, after notice and a heazing a subdivision for which the plat
was filed and approved before September 1, 1989.
6.06.A The commissioners court must pub-lsh notice of a proposal
to cancel a subdivision under thisisection and the time and place of the required heazing in a
newspaper of general circulation in the county for at least 21 days immediately before the date of
cancellation order is adopted. The county tax assessor-collector shall, not later than the 14'h day
before the date of the hearing, deposit with the United States Postal Service a similaz notice
addressed to each owner of land in the subdivision, as determined by the most recent county tax
roll.
6.06.B At the hearing, the commissioner's court shall permit any
interested person to be heard. At the conclusion of the hearing, the court shall adopt an order on
whether to cancel the subdivision. The commissioner's court may adopt an order canceling
subdivision if the court determines the cancellation is the best interest of the public. The court
may cwt adopt an order canceling a subdivision iL t) the cancellation interferes with the
established rights of a person who is anon-developer owner and owns any part of the subdivision,
unless the person agrees to the cancellation; or 2) the owner of the entire subdivision is able to
show that: a) the owner of the subdivision is able to comply with the minimum state standazds and
,.-. model political subdivision rules developed under Section 16.343, Water Code, including any
bounding requirements; or b) the land developed or improved before September 1, 1989
KC Sub Rules & Regs Revision Page 27
6.06.C The Commissioners Court shall file the cancellation order
for recording in the deed records. After the cancellation order is files and recorded, the property
shall be treated as if it had never been subdivided, and the county chief appraiser shall assess the
property accordingly. Any liens against the property shall remain against the property as it was
previously subdivided. '
KC Sub Rules & Regs Revision page 28