COMMISSIONERS' COURT AGENDA REQUEST PLEASE FIJRIVISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCU]-~NT$ TO BE REVIEWED BY THE COURT. MADE BY: OFFICE: MEETING DATE: _ Sd-P ~ `CJ ~' ~ TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) ~ ~'y~,, y r / ~` +' `? EXECUTIVE SES/SION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: J`' ~~ti~t7-e5 Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Govermnent 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 w~71 be screened by the County .Judge's Office prepared for the Court's formal consideration aad action at time i appreciated and contnbute towards you request being addressed at the Adopted by Commissioners' Court. -~ Land replatting September 2, 2002 Subject: This is a request to be exempt from a replat of Trot # 49 in Kerrville Country Estates, Section 2; a subdivision in Kerr County, Texas. Location: Kerrville Country Estates, Section 2 is Located North of IH 10, East of Harper Road, South of Scenic Hills Road and West of THy 16. See Exhibit "A" Reasons for Request: Mr. Kenneth Scott, owner of Lot # 51 and # 49 and Von Evans have entered into an agreement to divide equally Lot # 49 to maintain the integrity and tranquility of their properties. Lot # 49 provides a very small area conducive to house construction, water well placement and an approved septic system. To insure compliance with their agreement, both parties have agreed to a "First Right of Refusal". See Exhibit "B" and "C". Von Evans intends to finance the purchase of half of Lot # 49 through the Texas Veterans Land Board which requires a completed "County Subdivision Requirement Form" from the county stating that the property is not in violation of its subdivision requirements. See Exhibit "D" Justification for Request: 1. Section 1.03 of Kerr County "General Provisions and Purposes" item D, indicates that a subdivision shall not be subject to platting if financed through the Texas Veterans Land Board. See Exhibit "E". 2. Dimensions and relief of the property are prohibitive: a. the width of the divided property at the road will be 86.31 feet b. the width of the divided property at the sharp decline will be 150 feet c. easements on each side and the front of Lot # 49 further reduce the useful areas d. Further easement down the middle of Lot # 49 required by replatting would be extremely restrictive, See Exhibit "F" 3. Should replatting be required now, another replatting would be required when either party uses his "First Right of Refiisal" 4. No present access to the community water system 5. Each of the divided properties with replatting easements and the difficult terrain may not be able to comply Page 1 Land replattinq easements and the difficult terrain may not be able to comply with water well and septic system restrictions, and the area for home construction may not allow for the minimum of 1200 square feet or cut buildings (garage) as required by our community code. 6. Section 1.03 A. of the General Provisions and Purposes, also states that replatting is not required if, the land is to be used primarily for wildlife management, farm, ranch or timber. We are not seeking an agricultural exemption See Exhiit "E" I believe that the agreement to leave Lot # 49 in its present condition may meet this requirement. Respectfully submitted by Von L. Evans 211 Von Trail Kerrville, Texas Attached: Declaration of Covenants, Conditions and Restrictions of Kerrville Country Estates, Section II, A Subdivision in Kerr County, Texas Page 2 rr~.< Ex~,~b ~k ~- ~~ 1 _--- ..._.._....., 1~ Y1~, _ ~ - ~ .. JJ` _ .. _.. 1 / ~ SCALE: 1'=300' 1. ~ ,~~ ; 5 1 I zx ut .c. ~ / ~~~ ~ / _~._ ~ za.u~ tita'~>˘~"S- 4 ° /~ i lo.oa .c. o- / ~~~.,I ~ 1 i ='j` ~ // u 5 ~ i r. t.. " - y nY. 1 c-'.-. w i ~~ ' I 5 A ,"v ~ ..: +VICINITY HAP ` _ ~~"- ~~ j i '~~ ~` ~ ~, ',.. «.... r 1 s x ~. .,_.....~.,. o r ~ .r Lvs vice,* ~ i 1 ___ ` Be~ 4-A ~\ -`~ .....,... ..~ .. yyl\ F a ~ ~i ~ WE55 f I ~< .~ ~ ~-`~\ 5.x e \ ..... ........( - .. ~ ~ ~' La.oo ... PG ~L 5 ~~~ gP.00d'POPO Vs•>i` o.o c. rv .... ~ ~ ~ St OHEY a Ye-,c eoa I1 //, ~. ~~\ a.ez c ' v: ~~ ~~~~~ ~\ ;o r1 \ Lo >- ac' I / .. 25 A 4 ' z /j ~ ~ zs ... ,s 1 \ e-.e ~."... ~..,..... 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KERR4ILLE COUNTRY ~.~ eo,=,=x ~Lx.rt ,~ °'x ~ 39-A ~iy ~` ~ 4 5 a~6 4 ~.; .a 10.10 AC. •y~i~ 10.12 G ~ 0~ 2A 98 ^/ 2 i0 AC. 0 n N t h C! ~9 4l R 9.99 AC. m ~; °: Q ' f, 6'6 1 g ~~il !. o h N sae sa r~iz~<, 52 ! 0.31 AC ~ ` G N p P 6v n h ~ ~_ 0 as ~~ ~ 2aat ~ ~ ~I-~, -yn~3 10 7 a _,.15o-48~w _ ' 2431 ~ ~--~-~,G c - 480 , ,s- t 2430 2 ~ - '^, L U a S~ ~~ ~! Z ~ 1 P I~ i W .~.--.+ _ a 47 ~~ v ~~ O.O I AC. !, h, ~, 9.9 o . ~, G ;` ,~ -` t_ ' rao w,ce Lorer c .ooo a„r S°.i 'F_. 6Q?. N66'S3'E 60657, N~6° 606, 5/5 S~ ~/~ ' G `-~ .n r, ~ ~ i ci N ~ ~~ N I - q 1~ ~. 3% 35 23, ss 3 f /(5.61 "~ J CK .4 .,,~~.. - L 5 F'v' ,'~C .c E~Z~' cr 4 ,'C[ ;t,..~'y ~ y l,l cln('o,, Trensmi SrO~,+e°. wa 5 `o l .o ~ / 90 KERRVILLE COUNTRY E~TAT~S ~SECTIC A SUBDIVISION OF 638.92 ACRES OF L ND, COMPRISING, MOR 269.9 ACRES IN WALTER FOSGATE S RVEY N0, t20, AHSTRAG 13.3 ACRES IN JESUS-CIERNANDEZ S RVEY N0.548, ABSTRAC". 355.72 ACRES IN C.C.S.D. & R.G.N Y. CO, SURVEY NO. 1329, AB. IN KERR COUNTY, TEXAS. OWNER: KERRVILLE COUNTY ESTATES, INC. ENGINEER: D. R.VOELKEL // ,, rr I // ~~~16,~ ~~ Ga~ ~SDb~r k~Qd~S .~0 T'~e~ ,~, ~ r S~f a s 10,4rO AC. ?g°3~~~~ a 5 Gg~"3, e0g ~ nh~ ~7 w ~~ 5~3~ ~~ ~_~`\`~ Z~~4 obtj~~ h~ D~ q. N ~, a v .~ y} ~F~ z2 ~ j ~~.~ 23Z3 ~~ ~ ~ ~~'- S7 <° 53 1 ~, r i` ' tJ ~. ~ W r" ,~, ~~ ~- 4 6 io. i2 Ac. cwt- ~~~ IO.iO pC. H ~ ~ ~ ~°°~' ~ ~ ~M ~ ~ ~~~i ~\ Y 2a8~ o' og N' iy ~~2 ~ a TRA/L 47 ~ . t0.01 AC' ", m~ a h c C+ .~ J 2431 52 10.3 ~ AC 33~~ ,~~yr~~ 0 ~a ~ y~~~ ,~ - 4 1 "n` /~~ ?- ~, Ij.r 51 i 0 •? ~ AC ..-}~--~B~E_ p `C c, 2 4 3 0 t~ -e,u. s>e =~ F~ ~~,~ ,~ ' ~ ~- , , .3 ~,_ - .. ~s~ ~ o C{ ~ -~ S ,y._ ~S 48 ? , 49 9.99 AG• ~ ~ m ~5 AC' ~~ ip, o ~m ~ ~1~; ~ Y t~~ . , -,~,,.r c. t :I- ,- ~-~ -, . . ti f ~ !A wer Colorodo Fiver Au Y~ too wrdt Lo ~ .59" ....a~~"E, 5 N~4'S3 "~- 64s S/' ~~"45°08'x, 442.10" ~ ,~ ...-- rn' ~h~~i -r""~.....- ERR~~~ ~ ~ K }~x~~~b~~ ~r~ TEXAS VETERANS LAND BOARD COUNTY SUBDIVISION REQUIREMENT FORM (To the appropriate county official: Please complete this form and return it to the Texas Veterans Land Board with a county seal or with a cover letter on county letterhead.) Officer: Title: Seller: Buyer County Land: acees in the Survey, Abstract No. The Texas Veterans Land Board (VLB) has been asked to finance the purchase of this land. Because the land is not in a recorded subdwision, the VLB wants to ensure that the transaction complies with county requirements-. Please review the field notes and plat for the referenced tract, and complete this form on behalf of the county. Please mark the appropriate paragraph. I. The proposed transaction is not a violation of the county subdivision regulations. It falls under an exception. The purchaser will not have a problem obtaining services from the county, such as building or septic tank permits. ?. The county does not have a position as to whether thz transaction is or is not in violation of the county subdivision regulations. However, the purchaser will no[ have a problem obtaining services from the county, such as building or septic tank permits. 3. The proposed transaction is in violation of the county subdivision requirements. Because the transaction does not comply with county requirements, the purchaser will be unable to obtain se~ro'ces from the county, such as building or septic tank permits. 4. Other: Signature: Date Return to: Texas Veterans Land Board P.O. Box 12873 Austin, Texas 78711-'_873 County Seal GLO-V-373112-01) F,~~;l~,i- ~'E ~, GEINERAL PROVISIONS & PURPOSES Section I 1.01 Regulating the Filing for Record of Subdivision Plat and Other Requirements Pertinent thereto for all subdivisions situated outside an incorporated town or city that has adopted Subdivision Rules and Regulations in Kerr County, Texas, and subject to the jurisdiction of the Commissioners Court of Kerr County, Texas. If any incorporated town or city should waive, by vaziance or whatever, its jurisdiction over any subdivision or part of a subdivision which is located within its Extra Temtorial Jurisdiction these regulations shall be applicable. 1.02 Subdivision Plat as defined by Section 232.001 of the Local Goverrunent Code shall be required to be prepazed by the owner if a tract of land is subject to the jurisdiction of the Commissioners Court set forth above and is divided into two or more parts to lay out: A. A subdivision ofthe tract, including an addition; B. Lots; or C. Streets, alleys, squazes, pazks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, pazks, or other parts. A division of a tract includes a division regazdless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method. 1.03. A subdivision shall not be subject the platting requirement of these rules and regulations if: r_ A. The owner does not lay out a part of the tract described in Section 1.02.C. and the land is to be used primarily for agricultural use, as defined by Section 1~1, or for farm, ranch, wildlife management, or timber production use as defined in Section 1-d-1, Article VIII. Texas Constitution. If the land ceases to be used for agricultural use or for farm, ranch, wildlife management, or timber production use the platting requirement shall apply. B. The tract is divided into four or fewer parts and each of the 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 affinity, as determined under Chapter 573, Government Code; and the owner does not lay out a part of the tract as described in Section 1.02.C. C. All of the lots of the subdivision are more than ten acres; and the owner does not lay out a part of the tract as described in Section 1.02.C. ,_.---- D. All of the lots are sold to veteraas through the Veteran's Land Board program; and the owner does not lay out a part of the tract as described in Section 1.02.C. E. All of the tract of land to be divided belongs to the state or any state agency, boazd, commission or owned by the permanent school fund or any other dedicated funds of KC Sub Rules & Rego Revision, June to, 2002 Page 4 b '~ (~, L l '~' C-O ~INIt rIX the state; and the owner does not lay out a part of the tract as described in Section 1.02.C. F. All of the tract of'~and to be divided is owned by a poetical subdivision of the state; the land is situated in a floodplain; and the lots aze sold to adjoining landowners. G. A tract is divided into two parts and one new part is retained by the owner, and the other new part is to be transferred to another person who will further subdivide the tract subject to plat approval requirements contaned herein; and the owner does not lay out a part of the tract as described in Section 1.02.C. H. A tract is divided and all of the parts aze transferred to persons who owned undivided interest in the original tract and a plat is filed before any further development of any part of the tract; and the owner does not lay out a part of the tract as described in Section 1.02.C. 1.04. A revision of a plat previously approved shall be subject to the same rules and regulations contained herein except as specifically modified for the revision of a plat (see Section 6.04.C.). 1.05. These Subdivision Regulations have been adopted based on the following Endings: (a) The Commissioners Court of Kerr County has the authority to regulate the subdivision platting process pursuant to Texas Local Government Code, Chapter 232. (b) The Conmilssioners Court of Kerr County has been designated by the Texas Natural Resource Conservation Commiceion as the authorized agent for the licensing and regulation of on-site sewage facilities within Kerr County and these Regulations aze a necessary component of such regulation; (c) The Commissioners Court of Kerr County has the authority and obegation to exercise general control over the roads, highways, bridges and related drainage structures and development within Kerr County; (d) The Commissioners Court of Kerr County has been granted the authority and responsibiety under the Federal Emergency Management Act to administer flood plain development regulations within the County and to regulate associated development; (e) Kerr County has been designated by the Texas Water Development Boazd to be a county within a Priority Groundwater Management Area. The Commissioners Court of Kerr County has been granted the authority p~~rso~t to Chapter 35, Section 35.019, Texas Water Code to require any person seeking plat approval to show: (1) Compliance with Water Availability Requirements adopted by the epmmieclORer~S COUIt; and (2) That an adequate supply of water of sufficient quantity and quaety is available to supply the number of lots proposed for the platted azea. KC Sub Rules & Regs Revision, June 10, 2002 Page S ~./ ~ ~! ~ •/ " r~~rps..N"~' ~z,~s-l~~ ease.: ~ * y! rf r~t~-*f.~. Ip p ,~ Y ~~t~`~~ .~~.. ~ r m I ,` ~P/ 1 ~~ / ~,\ '^ _ ~ 968 x ~~.. ~i ~~}}~~ ~~ ~ ~ u~`~m°sS,~ U~ ~ _arg 1 ~~~ ~Q~ 212 Pf{~~ 469 ^ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF~~KEARPf7,LE1COUNTRY'.BRTATEH','SF.CTION II ' A SUBllZVISION IN KERR COUN'1'Y, TEXAS STATE OP TEXAS S KNOY1 ALh MEN BY TRESS PRESEN'1`9: COUNTY OF KERR S This Declaration made by 7errville Country Estates, Inc., a Texas Corporation, hereinafter called "Developer.` ' WITNESSETR: Wf1EREAS, Developer is the owner of that certain property known as Kerrville Country Estates, Section II, a subdivision i in Herz County, Texas, according to the map or plat ttre reof recorded in Volume 4, Page 131 of the Map Records of Kerr County, Texas; and, WHEREAS, it ie the desire of Developer to place certain restrictions, covenants, conditions, atipulatio ns and reservatlona upon and against Herrville Country Esta to e, in order to establish a uniform plan for the development, improvement and sale of such property, and to insure the preservation of such uniform plan for the benefit of both the present and future owners of tracCS in said subdivision: NOW, THEREFORE, Developer hereby adopts,. establishes and imposes upon Kerrville Country Estatear and declares the following reservations, easements, restrictions, covenants and conditions applicable thereto, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of Che land, which reservations, easements, covenants, restrictions and conditions shall run with the land and shall be binding upon all parties having or~acquiring any right, title or interest therein, or any part fire roof, and shall inure to the benefit of each owner thereof. A. General Land All tracts in Kerrville Country EsCa Ges are hereby designated to be used for residential purposes only. B, VRf, 212 p1+,('E 190 Covenants ApolvinR to Iteeidential Tracts (1) Land Use and Building Typoi No lots obeli be used for any pur pone exco pt for Dingle family reeidontial pur posse. Tha teen"realdentlnl purposes", ae used herein, excludeO hospitals, clinics, apartment houses, boarding housos, hotelo and commercial end professional uses, whether from hunio s, residences or otlter- w1ae, and all such uses of the lots are oxpresely prohibited. No building shell be erected, sltored, placed, or permitted to remain on eny tracts other than single Sam Lly dwell irrgs and permitted accessory structures. Construction and sales offices may be constructed on specific tracts ˘s dosignated by the Architectural Control Committee. These e1ra11 be removed by Docember jl, 1990. (2) Architectural Control, No bu1161ng or Other improvements shall be erected, placed or altered on any lot until the conotructlon plane and o pecificationO and s plan showing tho locntion of tho otruc tore or Sm provomenta he.vu boon approved bj tho Ax-c Litact uxa: Coniroi Committee ae to uea, quality of worlon˘nehip and material e, harmony of external design with oxieting etructur•es, and as to location with respect to topography and ilnish grado elevation. ', Tho Architectural Control Committee ie composed of three members whose names are R. E. Renmer, Jack II. Millar and Roy E. Kelly, Jr. , A ma~orlty of the Committee may designate a represantatlve to act for it. In the event of death or resignation of arty member _ of tiro COmmittee, the remaining mam bers shall have full autltiorlty to designate n successor. Neither tho members of the Committee. nor its re preeentativea shall be entitled to any compensation for eervicoe performed pursuant to this covonant. Tho herein granted powers and duties of tho Architectural Control Committeo shall cease and terminate twenty (20) years after the date of thls,lnstrument, and the approval required by this paragraph shall not be requirod unless prior to paid date and effective 1 _2_ 'PUL 21z PdCE +91 hereto shall execute and file for record an inetrtonent appointing a representative or representativoo, who shall ' tits reaftor exercise the came powers and duties granted heroin to the Arcitl teetotal Control Committee. Tho Committee's approvnl or dioappi•oval ae required heroin, shall bo in writing. It tits Committee, or its designated ropresentntives, fails to give written approval or disapproval within thirty (j0) days after plane and epee ificationo have been eubniitted to it, or Sn any event, Sf no suit to enjoin the canetruction hoe been commenced prior to the completion of the im provemente, approval will not be'requlred and the related covenants shall be deemed to have been fully satisfied. Tho Architectural Control Committee, at its sole discretion, Sa hereby permitted to approve deviations in building area and location Sn instances where, in Sts ~udgm sots, ouch deviation will tee ult in a more commonly beneficial use. Such approval must be Kranted in writing and when given will become a part of these restrictlona. (j) Dwelling SSae and Constructions The livable area of each main single f[un fly residential structure, exclusive of open or screened porches, stoops, open terraces, garag ae, or detached servant quarters shall ba not lees titan 1,200 square feet on all tracts, (4) Building Locationes No building shall be located on any reeldentlal building plot nearer titan tw onty (20) feet to the front property line, nor nearer than ten (10) feet to any side or back property line. (5) Traot Area and Widths Tracts may be re-subdivided Snto building eitao coml˘•leed of a part of one or more tracts ns plotted, PROVIDED that no dwelling shall be erected or placed upon any building site containing less than five acres (217,800 square feet in area). (b> Nuisances: Vllf, uz FAGS