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.
MEETING DATE: November 25, 2002
OFFICE: Road & Bridge
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss Condominium Project (Pct. 4) and how it
applies to Kerr County Subdivision Rules.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING 1'HE COURT: Franklin Johnston P.E./David Jackson/
David Motlex
ESTIMATED LENGTH OF PRESENTATION: 15 minutes
.r 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 towazds your request being addressed at the eazliest opportunity. See
Agenda Request Rute Adopted by Commissioners' Court.

Franldin Johnston, P.E.
Cotmty Enpneer
Leonard Odom, 7r.
Road Administrator
Tmby Hardin
Administrative Assistant
Kerr County Road & Bridge
4010 San Antonio Hwy
Kemi-le, Texas 78028
Iva Gass
Secretary
David Motley, County Attorney
700 Main St.
Kemille, TX 78028
November 7, 2002
C~cp~
Telephone: 830.257-2993
FAX: 830-896-8481
Email: kcroadsQktc.com
RE: David Jackson Letter of November 5, 2002 regarding Stablewood Springs Ranch
Dear David,
David Jackson's letter of November 5, 2002 asserts that Kerr County Subdivision Rules do not apply to a
Condominium Project. I think if you read Section 82.006 of the Condominium Act in its entirety, David
Jackson's assertion that the Kerr County Subdivision Rules doesn't apply is not correct_ I think the
Commissioner's Cotut agrees that the subdivision Rules apply even though the property has changed to a
Condominium form of ownership.
Please let me know how you see this at your eazliest convenience.
Sincerely,
~~~ t I _
-J~anklin John n, P.E. `' , _ `
Ken County E 'neer
CC: Commissioner's Court
WALLACE & JACKSON
Edgar A. Wallace
Darid L.lukaon
Ashley E. Ressmam
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
840 MA[N ST., Suite 100
KEARVILLE, TEXAS 78038-5300
TELEPHONE 890/896-9A 11
TELEFAX 830/457-6119
November 5, 2002
Mr_ Franklin Johnston
County Engineer
Kerr County Road and Bridge
Spur 1 U0, Suite 100
Kenville, Texas 78028
VIA FAX 896-8481
and REGULAR MAIL
Re: Stablewood Springs Ranch
Deaz Franklin:
As I mentioned to you it is our position that no such compliance is required under your
regulations since no condominium specifics are provided and since the Condominium Act
requires a certain document for the creation of the units within the condominium. Section 81.003
of the prior Condominium Act specifies that a subdivision regulation MAY regulate
condominium and supplement the Condominium Law. Section 82.006 of the new Condominium
Act specifies that a subdivision regulation MAY NOT prohibit the condominium form of
ownership. The point is therefore that the current regulations of Ken County DO NOT specify a
regulation for condominiums and without such a regulation all that is required of a developer is
compliance with the new Condominium Act.
In response to your letter and our discussions on Wednesday, October 30, 2002 and even
though we do not agree that the current Kerr County Subdivision Regulations regulate
condominiums we would propose the following procedure and documentation for our client's
project:
I . We complete the condominium declaration creating the condominium.
2. We complete the condominium map and plat which is attached to the
condominium declazation and which complies with the Condominium Act as
certified by the surveyor. Attached is the Section of the Condominium Act
specifying the particulars of the Condominium Map and Plat.
3. We submit items 1 and 2 for your review and for the next available court date for
the court to review and approve the condominium declaration and the
condominium map and plat which is attached to the declaration as compliance
with the County regulations.
4. Included in the submission with the condominium documents referenced above
would be the developer and the surveyor's certification as to the key issues of
platting and that the condominium declaration and condominium map and plat
would comply with those and how they would comply with their criteria (a}
density or unit size; (b} drainage/hydrology which [ understand has been
Page 2
November 5, 2002
submitted; (c) access which would be by the Bumble Bee subdivision dedicated
road which ends at the boundary of the development as well as a private easement
across Mr. Fatjo's property, which is not part of the condominium; (d) inspection
and completion of the roads providing access and within the condominium that
comply with the County's specifications.
After your review of the above let me know if this is acceptable so we can proceed to
complete those items. We would then complete those items and provide them to you for review
and then the Court's approval in one meeting much like a final plat.
I have spoken with David Aldrich at KPUB regarding the status of the Project and the
issues of this letter- I am sending him a copy of this letter and its enclosures so that he is advised
of the approach we prepare to take.
Very truly yours,
W
B'
DLJ/kr
FAT)O/LETTER TO FRANKLIN IOHNSTON 110502
AnactuneM -section or Comlominium Act
cc: David Aldrich
David Motley
Larry Griffin
VIA FAX 257-8078
VIA FAX 792-2228
VIA FAX 238-3033
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CONDOMIATIUMS
contain a certification that the plat or plan contains all
information required by this section.
(b) Each plat must show:
(1) the name and a survey or general schematic
map of the entire condominium;
(2) the location and dimensions of all real proper-
ty not subject to development rights, or subject only
to the development right to withdraw, and the
location and dimensions of all existing improve-
ments within that real property;
(3) a legally sufficient description of any real
property subject to development rights, labeled to
identify the rights applicable to each parcel;
(4) the extent of any encroachments by or on any
portion of the condominium;
(b) to the extent feasible, a legally sufficient de-
scription of all easements serving or burdening any
portion of the condominium, and the location of any
underground utility line that is actually known by
the declazant at the time of filing the declaration to
have been constructed outside a recorded easement;
(6) the location and dimensions of any vertical
unit boundaries not shown or projected on recorded
plans and the unit's identifying number;
(7) the location, with reference to established
data, of any horizontal unit boundaries not shown or
projected on recorded plans and the unit's identify-
ing number;
(8) a legally sufficient description of any real
property in which the unit owners will own only an
estate for years, labeled as "leasehold real proper-
t~';
(9) the distance between noncontiguous parcels of
real property constituting the condominium;
(10) the location and dimensions of limited com-
mon elements, other than those described by Sec-
tions 52.052(2) and (4);
(11) in the case of real property not subject to
development rights, all other matters required by
law on land surveys; and
(12) the distance and bearings locating each
building from all other buildings and from at least
one boundary line of the real property constituting
the condominium.
(c) A plat may also show the intended location and
dimensions of a contemplated improvement to be con-
structed anywhere within the condominium, which
must be labeled either "MUST BE BUILT" or
"NEED NOT BE BUILT."
§ 82.060
(d) To the extent not shown on the plats, plans
must show:
(1) the location and dimensions of the vertical
boundaries of each unit, and the unit's identifying
number;
(2) the horizontal unit boundaries, with reference
to established data, and the unit's identifying num-
ber; and
(3) any units, appropriately identified, in which
the declarant has reserved the right to create addi-
tional unite or common elements.
(e) Unless the declaration provides otherwise, the
horizontal boundaries of part of a unit located outside
a building have the same elevation as the horizontal
boundaries of the inside part and need not be depicted
on the plats and plans. Interior walls and partitions
within a unit need not be included in the plats or
plans.
(f) On exercising any development right, the declaz-
ant shall record either new plats and plans necessary
to conform to the requirements of this section or new
certifications of plats and plans previously recorded if
those plats and plans otherwise conform to the re-
quirements of this section.
(g) An independent licensed surveyor or engineer
shall certify at least one plat, whether contained in
one or more pages, showing all perimeter land bound-
aries of the condominium, except for additional real
property, and showing the locations on the ground of
all buildings labeled "MUST BE BUILT" in relation
to land boundaries. Certification of any other plat or
plan required by this chapter shall be made by an
independent licensed architect, surveyor, or engineer.
Added by Acts 1993, 73rd Leg., ch. 214, ¢ 1, eff. Jan. 1, 1994.
3 82.060. Exercise of Development Right
(a) To exercise a development right, the declarant
must prepare, execute, and record an amendment to
the declaration and record new plate and plans for
that real property. The declarant is the unit owner of
any units created. The amendment to the declaration
must assign an identifying number to each new unit
created and, except for subdivision or conversion of
units described by Subsection (b), reallocate the allo-
cated interest among all units. The amendment must
describe any limited common elements created, desig-
nating the unit to which each is allocated.
(b) Development rights may be reserved within any
real property added to the condominium if the amend-
217
~' § 82.056
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PROPERTY CODE
(5) any right of the unit owners to remove im-
provements within a reasonable time after the expi-
ration or termination of the tease, or a statement
that the unit owners do not have that right; and
(6) any right of the unit owners to renew the
lease and the rnnditions of renewal, or a statement
that the unit owners do not have that right.
(b) After the declaration for a leasehold condomini-
um is recorded, neither the lessor nor the lessor's
successor in interest may terminate the leasehold
interest of a unit owner who makes timely payment of
the unit owner's share of the rent and otherwise
complies with all covenants that, if violated, would
entitle the lessor to terminate the lease. A unit
owner's Leasehold interest is not affected by failure of
any other person to pay rent or fulfill any other
covenant.
(c) Acquisition of the leasehold interest of a unit
owner by the owner of the reversion or remainder
does not merge the leasehold and fee simple interests
unless the leasehold interests of all unit owners sub-
ject to that reversion or remainder are acquired.
(d) If the expiration or termination of a lease de-
creases the number of units in a condominium, the
allocated interests shall be reallocated as though those
unite had been taken 6y rnndemnation unless other-
wise provided by the declaration. Reallocation shall
be confu-med by an amendment to the declaration
prepared, executed, and recorded by the association.
Added by Acts 1993, 73rd Leg., ch. 244, ¢ I, eR'. Jan. 1, 1994.
¢ 62.057. Allocation of Common Element Inter-
ests, Votes, andCommon Expense Li-
abilities
(a) The declazation shall allocate a fraction or per-
centage of undivided interests in the common ele-
ments and in the common expenses of the association,
and a portion of the votes in the association, to each
unit and state the formulas used to establish those
allocations. These allocations may not discriminate in
favor of units owned by a declarant.
(b) If units may be added to or withdrawn from the
condominium, the declaration must state the formulas
to be used to reallocate the allocated interests among
all units included in the condominium after the addi-
tion or withdrawal.
(c) The declaration may provide:
(1) that different allocations of votes must be
made to the units on particular matters specked in
the declazation; and
(2) for class voting on specified issues affecting
the class if necessary to protect valid interests of
the class.
(d) A declarant may not use cumulative or dose
voting to evade any limitation imposed on declarants
by this chapter. Units may not constitute a class
because the units aze owned by a declarant_
(e) Except for minor variations due to rounding, the
sums of the undivided interests in the common ele-
ments and of the common expense liabilities allocated
at any time to all the units shall each equal one if
stated as fractions or 100 percent if stated as percent-
ages. If a discrepancy exists between an allocated
interest and the result derived from application o[ the
pertinent formula, the allocated interest prevails.
(f) The common elements are not suh}ect to parti-
tion. Any purported conveyance, judicial sale, or
other voluntary or involuntary transfer of an undivid-
ed interest in the common elements without the unit
to which that interest is allocated is void.
Added 6y Acts 1993, 73rd Leg., ch. 244, § 1, eff. Jan. 1, 1994.
§ 82.058. Limited Common Elements
(a) The lsmited common elements and [he provi-
sions of the declaration relating to the right to use the
limited common elements may not be altered without
the consent of each affected unit owner and the own-
er's fast lien mortgagee.
(b) Except as otherwise provided by the declaza-
tion, alimited common element may be reallocated by
an amendment to the declaration, executed by the unit
owners between or among whose units the reallocation
is made. The persons executing the amendment aha0
deliver it to the association, which shad record it at
the expense of the reallocating unit owners.
(c) A common element not previously allocated as a
limited common element may not be allocated except
pursuant to the declaration made in accordance with
Section 82.055(7). The allocation shall be made by
amendment to the declaration.
Added by Acts 1993, 73rd Leg., ch. 244, § 1, ef(. Jan. 1, 1994.
4 82.059. Plats and Plans
(a) Plats and plans are a part of the declaration and
may be recorded as a part of the declaration or
separately. Each plat or plan must be legible and
216

Franktinlohngton, P.E.
County Engineer
Leonard Odom, Jr.
Road Administrator
Truby Hardin, Coordinator
Iva Gass, Secretary
David L. Jackson
Wallace & Jackson
Attorneys at Law
820 Main Street, Suite 100
Kerrville, TX 78028
ItE: Stablewood Springs Ranch
Dear David,
October 29, 2002
FAX: 830.896.8481
Telephone: 830.257.2993
Email: kanads(a)ktc.com
In your letter of October 18, 2002, you propose to change Stablewood Springs Ranch
Subdivision to a condominium form of ownership. Ken County Subdivision Rules still
apply. Refer to Section 82.006 and 82.051(e) of the Uniform Condominium Act.
I placed the question, "Does the County Engineer and Commissioners Court have
authority under 5.01 G of Kerr County Subdivision Rules to regulate development of a
Condominium Project?" on the Commissioners Court Agenda, October 28, 2002. They
all agreed that Kerr County has such power to regulate a condominium the same as any
other form of ownership if it meets the definition of a subdivision.
Please let me know if we are in error in our reasoning or interpretation of the statutes
above.
Sincerely,
m Johnston, P.E_
Kerr County Engineer
CC: David Motley, VIA FAX 792-2228
Judy Ramsey, VIA FAX 238-3720
Thomas J. Fatjo, Jr., VIA FAX 713-292-2455
Charles Domingues, VIA FAX 896-6901
Larry Griffm, Commissioner Pct. 4, VIA FAX 238-3033
Commissioners Court, VIA FAX 792-2218
Kerr County Road & Bridge
4010 San Antonio Hwy
Kerrville, Texas 78028