:=~~~E_F; ran, ~_ ~i.~:: fa('F'r"iOViil_ 'fU ;iE-fEF2P4IYJHTIOtQ IF= F'RiiFEFiT'`r ::]r-16. =_:J ix _:. 11'Y :.] t'L_H 11. nn ttri.s $ita c'4th day of J~_ute clCry'cy ~iport motion made uy ,_ ~, Loin fill ssl Vit r'r` et~y sei_V1'1-t?d L"i'y t..01'il l'iil5'filOni?r' ur"1 ('-l:ly Ile •._i!~i r"'C unanimously approved by a voi;e of 4-0-0, ttr~rC ci.e ~.o Ur c deteraliues tl-rat tt~e s~iie of ei;,lter 7.e ; acre urza~'~ _;r ~tle Ei.'_;•t ~yt:r Ef tr ci t_"' u~~Ur 7u lrl 4r~e r,c ~,. ~. H o hC rr-ov.i.d~d by r1;. Vue1.:siuuer L..e;,zy dues not require NI<_iGLluy ~..utdrr I:it(: I'~ri r' i'u•_inL'y Sut~div.i5lutt (doles anij COMMISSIONERS' COURT AGENDA REQUEST -.~ ~ 7~,/ PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz OFFICE: Commissioners' Court MEETING DATE: June 24, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss determination if property sale requires platting. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner Pct. #3 ESTIMATED LENGTH OF PRESENTATION: 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 as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 06/19/2002 09:44 FnWcan JohneWq P.E. ~ En~oea lmnrd Odom, ]r. Ro~O AdnYNm9mr T,uby Hvdq Coa,diem tw Gau, Y Michael H. Lindley Land ComP~Y 601 Main Street, Suitt 100 Kerrville, TX 78028 xerr Causty Road 6c B,ia~e 4010 Spa Aaroaio Hwy KertvWe, Tngie 76028 June 12, 2002 RE: 15.59 Aerea off Cade Loop Dear Mr. Lindley. Tekptwno: ata237.2993 FAX: 630896-84s1 Emd: l;czo~luc.oom This letter is to reference i~'olmation you were given by my office and Commissioner Lett concerning the 15.59 acres of property off Cade Loop Road overloolortg Ingram Lake. 1. If the property was divided in 7.65 and 7.94 acre lots, and proviously conveyed before August 30, 1999, it is accepuble to convey ii in the same contigunuion now. 2. Should a family division be rrgttested, it would be exempt from platting per 1.03 $ Kerr County Subdivision Rules which states, "The tract is divided into four or fewer parts and each of tbe lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or atFnity..." Should the buyer wish to divide the property any other way, it would requires platting in compliance with the thin current Ketr County Subdivision Rulea. The ctrrent rules would allow this property to be platted as follows: 1. Five-acre average tracks if each bt is to have a well and on-siu sewage facility (OSSF). 2. If surface water is used and each lot has a septic, each lot would have to moat OSSF nilea for lot size, which is a minimum of 1 acre. 8968481 K C ROAD & BRIDu'E PACE 01 FILE COPY 3. For four lots or less on a water system, fronting on an existing road, lots can be 1 acre and meet the subdivision Hiles. 66/13;'2002 05:44 8568481 K C ROAD & BRIDGE PAGE 02 4. Should a Municipal Utility District (MUD) for both aewcr and wear be set up, [here does not appear to be any restriction on lot size. if you have any questions, please call. S~incer~ely~ '~"Pi~fdin Johnston, E. Kerr County E ' CC: Commissioners Court Texas vernment 2000 Edition [Supersedes 1998 Edition] WITH TABLES AND INDEX As Amended through the 1999 Regular Sesswn of the 76th Legislature WEST GROUP za-~ -. i .., o1tA6'TTI .... ..................... i F„ i ............... .................. - -' -8T 1 .............. ~ .. .....................» p. -.; .q.V d ...... ..... ... ......... : .. _ ..p~ IIgS. .................. ...................:.... Rf #L18F W ...,y .......... ............__...:.. .. ~ .... .............. ........ ......... ~-~~~~~.W6 q!{' ~Y!' m.. ........... ...........................T~ ~^~}yd ~ ............ ....... ............... 4 S- tiki^Y- a .... .... ......... ........ fp i oas o~ ._ ....... ....... . ....... f~f c V ~. :N• _' - «, : ....... .......... ... ...... a-~~ ~ ..... .. i .... ......... P^a9~ • - -Io ~+u! aoinos £uT paten aogreode~ ~aum~a"wJ t~7 a4T a! 4~~ ~ wtaA J° X95 -,,_ . o~ _. '. i:: m ..,x>, ~i -~•~~~ M~+i C~wWi. •Y, ,:.. m ~J ~.~. IA . S8`~' ~3"~'v sset'sz 1~'tl 9981 `Zl°~~ £86T~~Q an!7~A3 ... .CF 1„. _ _ Y i:: { .. ...ii'~'yi ., .. 1.FA..,•t., ., rye, 1`. taps .aTgy~ldde ~ aTaP y, 6apl.9~ aq; ~ro~. ; . 41 °N~T ~ri 888i ;T$ ~8T4 ` ` .' s 5L4 L68t L66Y',ZaRmP.• ~°S j~'~Lry: .. ~T E66T ~~ dap~T -g'~ 939 r 'E 1 : ~ Z88T 888t 9 4~ -s ~ ~ ~,,. i W'W"i ,~ ua SL „ T88T p66t'86 ~ g`;J 919. w* a K~ ~ 8881 t S ,~~ u-. r 6981 ~ ~~_ ~~~ 1 4 , •'MT r i. LTa~L 89BT iLyr'e''yy.`~i -g-D PtZ OL L~~ l96't:`L71~E^F ,_ ; ~.,< .'S1~~ ~3, OL Lei LBBl `T aanp 5.~ 7gT ~ 996T y9sr'ns~ „~ ~ s9sT'La ~w 9est l •s•~ ana ~i ... ;~i ~siau[ ~ ~'. ' lrror'~s -ila'T aeall alga s~°'°°cp~' s~ava ~nT :~ 7 F { 4. T 06/19/2002 09:53 8969481 ~ Q,.ga:Q01( K C ROAD & BRIDGE LOCAL IGOYERNM~NT CODh • o., e (d) The plat must be filed and recorded wlfhittte~ county 'eYerli'Bf''fhe 'county hi -lvhf'c}i the ll'rat4 ie located. , (e) The:t>lat ~ie,sAlitfea to the ~li)18:8nd recordlti~, provisions of Section 12.(1lYL, Ptoperty(.bde. ~•~ ~,. (0 1;tepealeif by Acib 1996, 74th Leg.,,ch. 979, 5 21y, eft. June 18, 1996. a~ 18s7.7olh I:efj'','ch:.t4Q;f f;'aa.9ay['1 i9a7. Amana- od by Aeta 18W, 7144 leg.; di, 87A; 9 3.06, eR: Sept 1:'1989; nets 1991, 7?nd l:eg, eb.°°422, i'8, efP. Sept '1, 1991; Ar,Y3 1996, 7dt1+ Leg., ch. 979, 429, eH. June i6, 1996; Arta 7988, 7&b Lag., oh.189,~5 I;t4f. Sept f, 1999. . evens a.m ot'eld IaBB.amtlSdatory set pem~ida~., !. ~ '. "The dunaea m Lw Duda by t)la Aot to Chapter 21z ahd Loetd. Gwaramaaf Codp, Mdta:9ection 1z.afQ, )'roperty Coda. app only m ~ pnlyditiion a(^ tract pf ~ and to, u owner at $e.tract LM 4nota aubdevlded Oh M aflar 9eptam6er 1, 1x86." 9eetion 10 hr Aeu leas, ~Mb l.eg., ca_ 12a provides: "(a) This Act uaae elteet pe ~. land whdi+ided or a ~~ ~1. ~1~,~and'appliae only platfiled on w arc flat data "N) tacmm Sat.os?E, lr)oal C+ovwalnant Coda, u added by nd. Act, app8n only to a ptaf apPEoation submitted to a county ce ar agar 6etabQ 1,1488:' ~A pL't apptintlon'wbmttted m a ewnty betels October 1, laa9, la governed by the 4w w Il eldatad ioaudia{aly hefoR the atreetwe data of tlda Aed, and that law u aondvued in street as tbat tauptrM" ~ ~ , 242.8916. Exceptiotu to IMat Raquiremant (a) To tfetenlvne. Whether specific divisions of land are required to be platted, a county, may define and daesity the divisions. A county need not require platting for every division of land athexwiee within the scope of thfa subchapter. (b) This subchapter does not apply to a subdivision of land to which.Subdlapt~ B' applies. (c) A county rosy not require the trwner of'a tract of land located outside the limits of a munfdpa8ly who divides the tract into two or Clare parts to have''s plat of the aubdivisan prepared d: ~ . ' (1) the owner dtiee' not iaY out'k'part of the tract ~desctttatd by Bastion 232,001(x)(8); and (2) the land ia;lp be used primarily for agricultlp• of use, se, defined by Section 1d, Ardde:YIII, Texas Constitution, or for }arm, ranch, wildlife~,inanage- ment, .or tin{t~ p7vduct)ion use within t~ meaning of Section 1 1, Article VIII, ;Term Corjuti~ut~on. (d) Sf p tract deacrined by Suhaeptdon (e) txsaeg to beused pritnprily,for. egrfetiltural„use or ,fat: farm, r!~It,Wfldlife.ulp?taggmdit.. W.tiFn(7e7' ptgduction gBer the platting requirements of this subchapter•.apply, ,4e) .A county,maj,nob.augpit~ the owner afia pact oYland )oFaasdoufeide,tlaahmiu af•.a munidpality who dividg4f>NlsrtrsetrinW: fwr ~:fewar parts and,tloee not 14y out a part of the tract deaaibed by 9xtion PAGE 03 242,001(ax8) to have a plat of the sutxtivis7on preyared ff each of the late to ,to li~''6old, giden;'or otherwlae transferred"'to an "~~i~1ua 7pho ie related w the owner within the third degree by corwanguinity or affltdty, ae determined under Chapter 878, (}ovar+l- ment Coda. if aqj Idt -fa sold, given, or otherwlee trpne>?ried to an Indtv(duhl.who ie nt(t',related to the owner within the third ~begree by catiaangairdty or affinity, the platting requirements o ~ da whchapta (f) A county may not require the owner of a tract of land located outside the limits of a twlddpality who dMdea the tract into two ar more parts to have a plat of the subdivision prepared if: (1) all of the iota of the subdivision are moR than 10 scree in ores; and ' (2) the owner does not lay out a part of the tract described by Section 282.1101(a)(3). of land located outside the limits of a tnunidpality who divides the tract :nto twoor more parts,and does not lay out apart of the treat described by Seatioo 28E.001(a)(9) to~have a plat of the aubdivlelon prepartpd if all the ItNa are sold to veteratw through the Votes` one' Land $oard progr}m. ~ . (h) The proviaiona of Chia subchapter shall noC apply to a aubdivieion of any tract of land belonging to the state or arty state agency, board, or crommiaaian or owned by the permanent school fileed or any Mher dedicated funds of the state unless the aubdivudon lays out a part of the tract described by Section Z32.001(a)(8)~ (i) A county may not rnquire the owner of a tract of land located outside- the:limita of a municipality who divides the tract iota two or more parts to have a plat of the subdivision prepared i!: (1) the owner o[ the land ie a political subdivision of the state; (2) the land ie situated In a flcadplain; and (8) the lots are sold to self Dining laedownere. (7) A county may not require the owner of a trot of land located outside the, limits of a municipality who divides the tract into two ,parts W have a plat pf the subdivision prepared if: I I ~r,.n~ , .. i, (~j the owner dose not lay out a part of the trice daemibed by:BretSon PEZ.001(a)(8); and (~ one new pa1~, is, to be Pet#iaeQ by the Owner, and the othar'faw part is ~o.~~be, trags[errgjf, to another person who will tilrfher.eubrhvide the:trart 428 FIELD NOTES DESCRIPTION FOR 7.94 ACRES OF THE TREVINO PLACE, L.P. LAND IN KERB COUNTY, TEXAS Being all of a certain tract or parcel of land out of Shackfield Brewer Survey No. 134, Abstract No. 29, in Kerr County, Texas; part of the land conveyed to Trevino Place, L.P. from Lake Ingram Ranch, L.P. by a Special Warranty Deed (with Assumption) executed the 141h day of June, 1999 and recorded in Volume 1018 at Page 501 of the Real Property Records of Kerr County, Texas; and being more particulazly described by metes and bounds as follows: BEGINNING at a %z" iron stake set at a fence anglepost for the southwest corner of the herein described tract in the south line of said Trevino Place, L.P. land, the north right-of--way line of Cade Loop, a public road, which point bears 1774.56 ft. 5.50°18'22"E. from the northerly northwest corner of said Trevino Place, L.P. land; THENCE, upon, over and across said Trevino Place, L.P. land, N.QO°14'10"W., at 514.48 ft. passing a'/i' iron stake set for reference on the south bank of Ingram Lake, then continuing for a total distance of 613.18 ft. to an unmarked point in said Ingram Lake for the northwest corner of the herein described tract in the north line of said Trevino Place, L.P. land on the original south bank of the Guadalupe River; THENCE, with the north line of said Trevino Place, L.P. land along the original south bank of said Guadalupe River: N.89°35'13"E. 614.70 ft. to a 1/z" iron stake set on the top of Ingram Dam; N.84°2T41"E. 401.26 ft. to a set %z" iron stake; and N.79°13'09"E. 217.69 ft. to a %z" iron stake set for the northeast corner of the herein described tract in the southeast line of said Trevino Place, L.P. land, the northwest right-of--way line of said Cade Loop; THENCE, with the southeast line of said Trevino Place, L.P, land, the northwest right-of--way line of said Cade Loop, each point marked with aset %z" iron stake: S.19°28'07"W. 41.84 ft.; S.57°56'38"W. 67.72 ft.; 5.74°19'48"W. 132.55 ft.; 5.77°27'39"W. 179.50 ft.; 5.70°33'15"W. 131.27 ft.; and 5.61°58'31"W. 153.25 ft. to a'/~' iron stake set at the base of a fence post; THENCE, along a Fence with the south line of said Trevino Place, L.P. land, the north right-of--way line of said Cade Loop, each point being a''/z" iron stake set at the base of an anglepost: S.31°08'40"W. 279.76 ft.; S.43°30'36"W. 84.65 ft.; S.64°4738"W. 75.20 ft.; 5.76°05'26"W. 205.94 ft.; and 5.68°03'43"W. 130.71 ft. to the PLACE OF BEGINNING containing 7.94 acres of land, more or less, within these metes and bounds. I hereby certify that these field notes and accompanying plat are accurate descriptions of the property contained therein as determined by a survey made on the ground under my direction and supervision, and that all property corners are mazked as stated. (Bearing basis =true north based on GPS observations) 'C~.\OFF TF Date surveyed: February 2 - 13, 1998 ~ P~~ ~ AFO yN June 30 & July 9, 1999 .......................:... DON W.VOELKEL ................................ Dated this 13\a' d~a1yaoftJuly-, 1999 y 90 3990 ~:: ~ `r 3UR~ Don W. Voelkel Vf iV V. J77V PLLC • PHONE 830-257-3313 • 212 CLAY STREET, KE RR VILLE. TEXAS 76028 FIELD NOTES DESCRIPTION FOR 7.65 ACRES OF THE TREVINO PLACE, L.P. LAND IN KERB COUNTY, TEXAS Being all of a certain tract or pazcel of land out of Shackfield Brewer Survey No. 134, Abstract No. 29, in Kerr County, Texas; part of the land conveyed to Trevino Place, L.P. from Lake Ingram Ranch, L.P. by a Special Warranty Deed (with Assumption) executed the 14'h day of June, 1999 and recorded in Volume 1018 at Page 501 of the Real Property Records of Kerr County, Texas; and being more particularly described by metes and bounds as follows: BEGINNING at a %_" iron stake set at a fence anglepost for the southwest comer of the herein described tract in the south line of said Trevino Place, L.P. land, the north right-of--way line of Cade Loop, a public road, which point bears 1709.90 ft. 5.35°39'35"E. from the northerly nurthwest corner of said Trevino Place, L.P. land; THENCE, upon, over and across said Trevino Place, L.P. land: N.48°13'33"W. 284.94 ft. to a set''/z" iron stake; N.25°15'13"E. 589.55 ft. to a''/z" iron stake set on the south bank of Ingrarn Lake; and N.15°04'08"E. 149.08 ft. to an unmazked point in Ingram Lake for the northwest corner of the herein described tract, in the north line of said Trevino Place, L.P. land on the original south bank of the Guadalupe River; THENCE, with the north line of said Trevino Place, L.P. land along the original south bank of said Guadalupe River, N.89°35'13"E. 288.35 ft. to an unmarked point for the northeast corner of the herein described tract; TIIENCE, upon, over and across said Trevino Place, L.P. land, S.00°14'10"E., at 98.70 ft. passing a %," iron stake set on the south bank of said Ingram Lake for reference, then continuing for a total distance of 613.18 fr. to a %' iron stake set at a fence anglepost for the southeast corner of the herein described tract in the south line of said Trevino Place, L.P. land, the north right-of--way line of said Cade Loop; THENCE, along a fence with the south line of said Trevino Place, L.P. land, the north right-of--way line of said Cade Loop, each point being a''/z" iron stake set at the base of an anglepost: S.52°13'46"W. 278.00 ft.; and 5.60°05'56"W. 171.75 ft. to the PLACE OF BEGINNING containing 7.65 acres of land, more or less, within these metes and bounds. I hereby certify that these field notes and accompanying plat aze accurate descriptions of the property contained therein as determined by a survey made on the ground under my direction and supervision, and that all property corners are marked as stated. (Bearing basis =true north based on GPS observations) Date surveyed: February 2 -13, 1998 June 30 & July 9, 1999 Dated tlhi~s1/,13\e\i\d~ay of July, 1999 ~ V ~~ Don W. Voelkel ~ + [~~'IC.I[#[~G1OKK~ CUJ 4MS`7f£S7OG9C~. FLLC • PHONE 8 30-257 3 313 • 212 CLAY STREET, KERRVILLE, TEXAS 78028