ORDER N. 28238
QUINLAN CREEK DRAINAGE EASEMENT
On this the 25th day of August, 2003 upon motion made by Commissioner Baldwin
Seconded by Commissioner Letz, the Court unanimously approved by a vote
of 4-0-0, to grant the drainage easement to the City of Kerrville subject to the approval of
the other taxing authorities.
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To: Owners of Property along Quinlan Creek
From: Paul Knippel, Director of Public Works, City of Kerrville
Re: Drainage Easements
The City of Kerrville is nearing completion of the project list imposed on us by the flood event of
last summer. That list includes repair and rebuilding of certain streets and utility mains, buyout and
demolition of 18 houses, and a project that removed debris from along Quinlan and Town Creeks.
These projects focused primarily on repairing what was damaged. The city is now taking steps to
help prevent damage from occurring in the first place, but the cooperation of all property owners
along Quinlan Creek is required.
Much of the rise and spread of water last summer is believed to have been due in part to thick
vegetation along the banks of Quinlan Creek. We believe this to be true based largely on our
review of the debris line that city staff mapped shortly after the flood event. The debris line was
somewhat uniform and relatively narrow through the golf course, which is kept mowed and clear,
but spread considerably in the area between Tivy Road and State Highway 27. At the time of the
flood, the area between Tivy Road and SH 27 was heavily vegetated with trees and underbrush that
had grown through the years. This vegetation essentially clogged the waterway and caused fast
moving water to slow down and spread.
This is not to say that thick vegetation was the only cause of the rise and spread of floodwater. The
fact is that storm water runoff from approximately 6, 500 acres drains through your neigborhood,
and we experienced at least half of our annual average rainfall in just a few days. Another
contributing factor is that the terrain through your neighborhood is relatively flat and water tends to
spread more when it is not confined by high banks. The city cannot change the 6,500 acre drainage
area, or the terrain in your neighborhood, but we can take steps to keep the banks of the creek clear.
The city is requesting drainage easements from approximately 70 property tracts along Quinlan
Creek. You will retain title to the property. The easement will simply give the city right of access
for mowing, brush control, and tree trimming. It is anticipated that the city will mow and clear on
an annual basis. The easement will also restrict the property owner from constructing above ground
improvements in the easement area boundary. Basically the intent of the easement will be to
permanently maintain a clear area for the movement of storm water along the creek.
Enclosed with this letter is a color map indicating your individual property with the proposed
easement area shaded and outlined in red. Also enclosed is a copy of the proposed easement
document itself. Following your expression of willingness to dedicate an easement, the city will
hire a surveyor who will stake the corners of the easement in the field and prepare notes and an
exhibit that will become a permanent part of the document. The easement document, along with the
survey work, will be recorded at the courthouse and will become a permanent part of your property-
There will be no cost to you in this process.
800 JUNCTION HIGHWAY • KERRVILLE, TEXAS 78028-5069 • 830/257-8000
1HE CITY OF
KERRVILLE, TEXAS
As mentioned in the opening paragraph of this letter, the cooperation of all property owners is
necessary. It is not practical for the city to try to maintain a checkered or "hop scotch" pattern of
drainage easements. From a maintenance standpoint, city crews must be able to work continuously
from one block to the next along each side of the creek. In short, it will be very difficult for the city
to proceed if there is not 100% participation, at least on a block-to-block basis.
Another item enclosed herewith is an interest form. Please take the time to check one of the boxes
and return to City Hall in the enclosed postage paid envelope. Also, there are two meetings
scheduled where you will have an opportunity to meet with city staff, ask questions, meet other
property owners, view maps, etc. The meetings will be at the Council Chambers at City Hall, 800
Junction Highway, at 9:00 am and again at 5:30 pm on Tuesday, August 19, 2003. If you are
unable to attend, but wish to meet with staff, please call Jena at 792-8312 for other arrangements.
Or feel free to stop by my office anytime at City Hall or call me directly at 792-8325.
I hope that you will recognize this proposal as an attempt by city star to help minimize damage
from future flood events. Ensuring that the banks of Quinlan Creek are kept clear will go a long
way toward this end. City crews have the manpower and equipment to assume the duty of keeping
this area clear for floodwaters. intimately, however, we must have your consent and the right of
access to do so. Please give serious consideration to granting a drainage easement for this purpose.
Thank you for your time and attention.
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800 JUNCTION HIGHWAY KERRVILLE, TEXAS 78028-5069 (830) 257-8000
Map ID: Quinlan_Easements_Poly_Num_8,2/Kerr County, In Trust
Produced by: City of Kerrville-GIS
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THE CITY OE
KERRVILLE, TEXAS
Drainage Easement Interest Form
^ I am willing to dedicate a drainage easement as presented in the letter to property owners
dated August 6, 2003. I understand that the city will contact me prior to proceeding with the
field surveying work.
^ I may be willing to dedicate a drainage easement but have questions. I plan to attend one of
the meetings to learn more.
^ I am unwilling to dedicate a drainage easement under any circumstance.
Signature
Printed Name
Address
Date
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800 JUNCTION HIGHWAY KERRVILLE, TEXAS 78028-5069 (830) 257-8000
DRAINAGE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF KERB §
That ,collectively referred to as
"Grantor", whose address is ,for and in consideration
of the advantages accrued on account of the designation and maintenance of said drainage
easement by the City of Kerrville, the sufficiency of which is hereby acknowledged, has granted
and conveyed, and by these presents does hereby grant and convey unto the City of Kerrville,
Texas, 800 Junction Highway, Kerrville, Texas, 78028, herein called "Grantee," its successors
and assigns, a perpetual easement for conveyance of surface water drainage purposes, including
but not limited to constructing, placing, operating, repairing, maintaining, rebuilding, replacing,
relocating, resizing and removing Grantee's drainage facilities and the appurtenances thereto, on,
over, under, across and through the following described property of the Grantor:
(attached survey field notes and exhibit by
dated )
Grantee shall have the right at any time to enter said easement for the purpose of mowing, tree
trimming, and removal of vegetation, debris, or other objects or growth that may be an
obstruction to the conveyance of surface water drainage. Grantee shall also have the right to
construct buried storm sewer systems or surface level channel improvements within the limits of
the easement.
The above described easement shall be subject to the following terms and provisions:
Grantor shall have the right to fully use and enjoy said easement for any purpose which
shall not interfere with the rights herein granted to Grantee.
2. Grantee, its successors and assigns shall enjoy the rights, benefits and privileges herein
conveyed until such time as the easement may be abandoned, at which time all right, title
and interest in the above described easement will revert to the then property owner.
This instrument contains the entire agreement of the parties. There are no other or
different agreements or understandings between Grantor and Grantee or its agents. Grantor, in
executing and delivering this instrument, has not relied upon any promises, inducements or
representations of Grantee or its agents or employees, except as such as are set forth herein. This
instrument and the rights, easements and agreements herein contained shall be covenants running
with the land and shall inure to the benefit of and be binding and obligatory upon the heirs,
executors, administrators, successors and assigns of the parties hereto.
TO HAVE AND TO HOLD the above described easement and right of way, together
with all the rights and appurtenances thereto in anywise belonging unto the said public generally
for the purposes hereinabove recited.
WITNESS THE EXECUTION HEREOF on this day of , 2003.
GRANTOR(S)
THE STATE OF TEXAS §
COUNTY OF KERB §
This instrument was acknowledged before me on this day of
Grantor(s)
Notary Public, State of Texas
APPROVED AND ACCEPTED:
Ron K. Patterson, City Manager
City of Kerrville, Texas
AFTER RECORDING RETURN TO:
Office of City Attorney
City of Kerrville, Texas
800 Junction Highway
Kerrville, Texas 78028
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