CRDER NG. ~7f37=: RF'PRCVE r iNRL PLRT FOR LIVE SPRINGS RAhdCN WITi-~ V'riRIANCE FROM r.ERR COUNTY SUADIVISI~PI RULES f]n this the~Sth day of November, cL~~c, +.rpon motion made by Commissioner Griffin, seconded by Commissioner Let:, the Ccurt unanimously approved by a vote ^f 4_p-0, the final plat approval far Live Springs Ranch (Pct. 4) with variance from 7.'6.4 G+alvert•~ of Kerr Co+anty Subdivision Rules, subject to a note on the plat restricting each lot to one well per lot. 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 & Bridee MEETING DATE: November 25, 2002 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider Final Plat approval for Live Springs Ranch (Pct. 4~ with vaziance from 7.06.4 Culverts Of Ken County Subdivision Rules. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE CUUR'f: Franklin Johnston. P.E. ESTIMATED LENGTH OF PRESENTATION: 10 minutes -~' 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 prepazed 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. Memo To: Frank Johnston From Lee Vcelkel Date: 11/12102 Re: Live Springs Ranch :Variance Request 8 Final Plat Frank: On behalf of my client, Dave Stauble, I am requesting the above referenced proposed subdivision be placed on the agenda for the November 25"' meeting of Commissioners Court. Mr. Stauble would like to request a variance from "7.06.4 Culverts" as written in the Kerr County ^ Subdivision Regulations. He and his engineer, Les Harvey, will address the court on this issue. Mr. Stauble would also like Tina! plat consideration. I am submitting with this request ten (10) copies of the final plat. Neat week I will provide you the signed films for recording. Please call me if you have any questions or need additional information. Thanks, ~~~-~~ ~. Lee Voelkel copy: Dave Stauble Guara~rlty BAN K Date 11125/2002 To Whom It May Concern: Letter of Guarantee Guaranty Bank, hereby certifies that Dave Stauble Guaranty Bank and that funds in an amount not to exceed $ 5000.00 has an account with have been set aside to pay check number 1001 when signed by Dave Stauble ,endorsed on the back thereof by the payee, and presented to Guaranty Bank for payment within 365 days from the date of this certification. These funds shall be used for drainage improvements at the intersection of Henderson Branch Road and Edelweiss Lane for the Live Springs Ranch Guaranty Bank, Subdivision BY ~~S.c~..o(aJ W~c.(l Name L, i vrda. LtJc la. r.. Title /~a...Q~~hJ ~~ Account Number (my "Account") CHECK GUARANTEE AGREEMENT 3800654851 Check Number (the "Check") 1001 Designated Payee (the "Payee") Kerr County, Texes Maximum Amount of the Check (the "Maximum Amount") $5000.00 Number of Days to Place the Hold (the "Hold Period") 365 Date 11/25/2002 Inconsideration of Guaranty Bank's certification of the Check from my Account in the Maximum Amount, I authorize Guaranty Bank to place a hold on my Account in the Maximum Amount and to use said held funds to pay the Check. I understand that Guaranty Bank may refuse to honor the Check if the Check is presented to Guaranty Bank for payment after the Hold Period. I hereby indemnify Guaranty Bank, its directors, officers, employees, agents, and representatives against any and all losses, claims, damages, penalties, liabilities, and expenses of any and every kind whatsoever arising out of the subject certification and payment, specifically including but not limited to the ordinary negligence of Guaranty Bank, its directors, officers, employees, agents, or representatives, and Guaranty Bank's refusal to pay the Check after the Hold Period. ,,.,Signature of Accountholder ~'1 h~ ~ ~111,~.~i*~ ~- Word.wp 92 (Revised 3/01) Dave Stauble ... PO Box 610 Ingram, Texas 78025 November 15, 2002 Commissioners Court Kerr County Court House Kerrville, Texas 78028 RE: Live Springs Ranch Dear Gentlemen: Live Springs Ranch is a proposed development of nine tracts ranging in size from fifteen to thirty two acres. It has a gated, paved road servicing these tracts which enters onto Henderson Branch Road. An eighteen inch diameter culvert was installed at the intersection when the road was constructed. We are informed by our engineer that a five year rainfall would produce more water than could be handled by the culvert. He also informed us that there are three ways to solve the problem. One option is to remove the existing culvert and the earth surrounding it and pave a swale with concrete. This is impractical because the new roadway would then enter Henderson Branch Road at too steep an angle and vehicles would hang up on the hump. The other options are to add two culverts for a total of three or to simply use the one culvert already installed. Due to the conditions at the site it is believed that the requirement for handling the excess water of a five year rainfall by installing additional culverts does not make sense in this specific instance. The reasons are as follows: 1. Henderson Branch Road has seventeen driveways entering it. The only one having a culvert is Live Springs Ranch. There are no apparent water problems with the other sixteen driveways. 2. Water going through the culvert goes immediately across the road. There are no drainage ditches parallel to Henderson Branch Road and there is virtually no crown to the roadway so the water follows the force of gravity and the contour of the land. 3. If a rainfall produced more rain than the eighteen inch diameter culvert could handle, the excess water would cross the road before the culvert instead of after it. This would be more beneficial rather than harmful because it would spread the water out before crossing the road, reducing its intensity. 4. If there were three culverts instead of one the water would still cross the road but it would be more concentrated and could possibly cause more erosion where it crosses. The additional culverts would serve no useful purpose. They would be redundant. 5. Once the water crosses the road it ends up in a creek bed. Spreading out or "sheeting" the water prior to its entering the creek bed significantly reduces the erosion of the walls of the creek bed. 6. Installing two additional eighteen inch diameter culverts would not only be a hardship involving great additional costs. These three culverts would create an eyesore along a beautiful country lane. It is with these issues in mind that I respectfully request a variance in the code for this specific application. Thank you. Sincerely, N~t~~U-~ .,~~~tiu2~f~ Dave Stauble ~~h ~~~~ Information L/'"'~~ .To Build On Engineering • Consulting • Testing FiL E ~Qp ~ REPORT OF FIELD COMPACTION TESTS TESTED FOR: WALTER MASTERS PROJECT: LIVE SPRINGS RANCH ROADWAY MASTERS CONSTRUCTION COMPANY INGRAM, TEXAS HCO 7, HOX 21H INGRAM, TX 78025 DATE: September 16, 2002 OUR REPORT NO.: 311-2 0079-5 TEST DATA: (3) Red-Tan gravelly lean clay (base) OPT. MOIST. = 15.5 TEST NO TEST DEPTH _ ELEVATION SOIL IO NUMBER MA%IMUM lAB ORY +~ DENSITY WATER CONTENT WET DENSITY DRY OENSIN PEHCENI COMPACTION COMMENTS' S eC. 958 p 1 6" Final 3 132.5 14.5 146.6 128.0 96.6 3 - A 2 6" Final 3 132.5 14.0 146.0 126.1 96.7 3 - A 3 6" Final 3 132.5 13.5 149.3 131.5 99.2 3 - A 4 6" Final 3 132.5 13.6 146.4 128.9 97.3 3 - A 5 4 6" Final 3 132.5 13.9 149.1 --_ 130.9 98.0 _. _- 3 - A I -^__I _.._ _- _-- __-_- TEST LOCATION: Roadway (starting at Henderson Road) 1 500' from road intersection ~2 1000' from road intersection 3 1500' from road intersection 4 2000' from road intersection 5 2500' from road intersection Min NOTES: TESTS PERFORMED PER ASTM D2922-96 8 ASTM D3017-96 'COMMENTS: 1. FILL MATERIAL A TEST RESULTS COMPLY WITH SPECIFICATIONS DENSITIES SHOWN: Lbs. per cubic foot 2. BACKFILL B. PERCENT COMPACTION DOES NOT COMPLY WATER CONTENT. Percent of dry weight 3. BASE COURSE WITH SPECIFICATIONS PERCENT COMPACTION: Basetl on maximum tlry 4. SUBBASE C. RETEST OF PREVIOUS TEST density obWinetl on sample indicatetl by 5. SOIL CEMENT D. MOISTURE IN EXCESS OF SPECIFICATIONS sail ID number 6 OTHER E MOISTURE BELOW SPECIFICATIONS * (3) TEX-113E TEST INSTRUMENT: Troxler, 3430, 24711 STANDARD COUNT M: 609 D: 2579 REMARKS: PSI did not monitor the material placement. ADJUSTMENT DATA M: D: Respectfully submitted, TECHNICIAN: M. Harwell Professional Service Industries, Inc. THEBI RESULTS APPLT CNLY TO THE SPECIFlC LOCATIONS NOTED ANO IMY NOT REPflESENT RNY OTNFq L[x[ATIONS Oq ELEVnTIONS. FtP01. AY NOT BE flEPgOOUCED E%CEPT IN FULL, WITMWT WRITTEN PERMISSION BY PflOFE5S10NAL SERVICE INDUSTRIES. INC PSI A-100.2 (1)F Professional Service Intlustries, Inc. • Three Burwood Lane • San Antonio, TX 78216 • Phone 210/342-9377 • Faz 210/342-9401 TAX CERTIFICATE Certificate # 48514 This certificate issued by PAULA RECTOR, TAX ASSESSOR/ COLLECTOR for the taxing entities: Kerr County (GKR) .- INGRAM FIRE DISTRICT (FD1) LATERAL ROADS (RLT) UPPER GUADALUPE RIVER AUTHORITY (UGR) Through 2002 Tax Year HEADWATERS GROUNDWATER CONSERVATION DISTRICT (WHU) Property ID: R520171 Account Num: 1630-1534-000101 A1630 MCNEALEY, SUR 1534, BLOCK (TRAILS END RCH), ACRES 125.57 Assessed Value: 6,717 No exemptions Owner ID: 549905 STAUBLE, DAVID T & CLARICE T PO BOX 610 INGRAM, TX 78025 This document is to certifx that after a careful check of the tax records of this office, the following current or delinquent taxes, penalties, and interest are due on the property for the taxing entities described above: Entity Year Statement Tax Due Disc./P&I Att. Fee FD1 02 66928 1.44 0.00 0.00 GKR 02 66928 23.42 0.00 0.00 RLT 02 66928 1.57 0.00 0.00 UGR 02 66928 2.24 0.00 0.00 WHU 02 66928 0.67 0.00 0.00 Total Due ^NIS LAND IfltS BEEN ClAIMEi )R AGRICULTURAL USE Ut~DfR ARTICLE YNI SECTION i-d-1 AND IS SUBJECT i0 VALUATION ADIUSTMENT AND ADDITIONAL TAX IN EVENT OF CONVERSION TO ATNER USE on Current Bills if Paid By 01/31/2003: Op~_:. G *** End of Tax Certificate *** Total Due 1.44 23.42 1.57 2.24 0.67 $29.34 If applicable, the above described property is receiving special valuation based on its use. Additional rollback taxes which may become due based on the provisions of the special valuation are not indicated in this document. This certificate does not clear abuse of granted exemptions as defined in Section 11.43, Paragraph (i) of the Texas Property Tax Code. Signature o Aut oriz~icer of Tax Office Date of Issue: 10/09/02 Fee of $10.00 Paid on 10/09/02 by DAVID STAUBLE Page 1 TAX CERTIFICATE Certificate # 48515 This certificate issued by PAULA RECTOR, TAX ASSESSOR/ COLLECTOR for the taxing entities: Kerr County (GKR) ^ INGRAM FIRE DISTRICT (FD1) LATERAL ROADS (RLT) UPPER GUADALUPE RIVER AUTHORITY (UGR) Through 2002 Tax Year HEADWATERS GROUNDWATER CONSERVATION DISTRICT (WHU) Property ID: R21758 Owner ID: 549905 Account Num: 1630-1534-000100 STAUBLE, DAVID T & A1630 MCNEALEY, SUR 1534, BLOCK CLARICE T (TRAILS END RCH), MH SERIAL # PO BOX 610 60149262PC, ACRES 212.93 INGRAM, TX 78025 Assessed Value: 11,390 No exemptions This document is to certifx that after a careful check of the tax records of this office, the following current or delinquent taxes, penalties, and interest are due on the property for the taxing entities described above: Entity Year Statement Tax Due Disc./P&I Att. Fee Total Due FD1 02 66926 2.45 0.00 0.00 2.45 GKR 02 66926 39.72 0.00 0.00 39.72 RLT 02 66926 2.67 0.00 0.00 2.67 UGR 02 66926 3.80 0.00 0.00 3.80 WHU 02 66926 1.14 0.00 0.00 1.14 Total Due on Current Bills if Paid By 01/31/2003: $49.78 rH{S LAND HAS BEEN CLAIME4 AGRICULTURAL USE UNDER r ' ARTIC#.E YNI SECTI0t1 1-d•1 ` J AND IS SUBJECT TO YALUATtON ~ ` ( l ADJUSTMENT AND ADDITIONAL `,, / ~ TAX IN EVENT OF CONVERSION , ,~. ~0 BTHER USE *** End of Tax Certificate *** If applicable, the above described prop erty is receiving special valuation based on its use. Additi onal rollback taxes which may become due based on the provisions of the spe cial valuation are not indicated in this document. This certificate does not clear abuse o f granted exemptions as de fined in Sect ion 11.43, Paragraph (i) of the Tex as Property Tax Code. i / yl_- ~~ Date of Issue: 10/09/02 Signature of Aut~iz~ ~ ice Tax Office Fee of $10.00 Paid on 10/09/02 by DAVID STAUBLE Page 1 TAX CEF.TIFICATE C~LiU~~V180 COLLECTING TAX OFFICE: INGRAM I. S. D. TAX OFFICE F'. 0. POX 189 INGF'AM, TX 780'5 U185 PHONE C834i 367-1270 F:EOUESTED PY: STAUPLE DAV I ll T' 8< CLAF:ICE T FO POX 610 INGF,'AM TX 7805 PF:OF'EF:"fY DESCF:IF7ION: A1630 MCNEALE'Y, SUP: 1534, FLOC k.. ~`fk:AILS END k:r_Hi, ACF:ES 115. 57 HENDEF'SON PF:ANCH F:GAD F'F:OF'EF:TY ACCOUNT NUMPEF.' F.'S2C~171 AC:F:EAGE 125.571>V F'F:OF'EF.TY GEO/SCH NUI`1BEF,' i63U-1534-UOp1i~1 ------------------------------------------------------ THIS IS "I"O C:EF,'TIFY THAT, AFTER A CAF:EFUL C:HECF:. OF "fHE TAX NECOF'DS OF THIS OFFICE, THE FOLLOWING DELINQUENT TAXES, F~ENAL'IIES, AND INTEF'EST AF'E DUE ON THE DESCF:IPED F'F:OF'EF..TY FOP: THE FOLLOWING TAXING UNIT(~~: ,-. ENT YEAF: TAX DUE F' & I Y F,E'ES TOTAL ~jQ~ *** THIS F'F:OPEF:TY SUBJECT TO AG U`3E H:OLLPACk. TAXES ~#~ SAVE AND EXCEPT ANY AND ALL ADDITIONAL TAXES THE APOVE PF:OF'EF.'TY MAY PE SUBJECT TU UNDEF.: THE F'Fi'OVISIONS OF THE CONSTITUTION OF" T'HE STATE OF TEXAS, AFTIC:LE VIII, SECTION 1-D ENl"ITLED 'ASSESSMENTS OF' LANDS DESIGNHTED FOk: AGF:IC:ULTUM:AL USE' AND AF..TICLE VIII, 1-D-1 ENTITLED 'OP'EN SPACE LAND', UNLESS OTHEF:WISE INDICATED AS HAVING PEEN CLEARED. THIS CEF:TIFICA"fE MAY NUT II`JCLUDE ALL TITLE SEAF'CH FEES OF: O~IHEF: FEES WHICH MAY RE DUE. INGRAMINDEPENDENT /~T \ ` iC>,•'C~8/~C~p' S ~ `~ SCHOOL DISTRICT * ~" ~ " TAX ASSESSOR-COLLECTnP SIGNATUF:E UTHOF..IZED OFFICEF: BATE OF TAX C:EF'TIFIi=ATE OF COLLECTING OFFICE 1VU'2 O1 CUF:F: "fAX 106. U3 DUE O1 INGF:AM I. S. D. TAX OF-FILE 03 COUNTY EDUi'ATION DISI"F:IC.T G. F. NUMBEF:: ~i110~~V18U OWNEF:: STAUPLE DAVID T 8< CLAF:I~:E T PO POX 610 IN~3F:AM TX 78~)'