ORDER N0.28296 WAIVE THE PLATTING REQUIREMENTS FOR REVISION OF PLAT ON TRACT 37 RIVERPARK ESTATES On this the 8th day of September 2003 upon motion made by Commissioner Letz, Seconded by Commissioner Williams, the court unanimously approved by vote of 4-0-0 waive the platting requirements of revision of plat for Christina Lovett on Tract 37 Riverpark Estates. k ~: COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Jonathan Letz MEETING DATE: September 8, 2003 SUBJECT: (PLEASE BE SPECIFIC) OFFICE: Commissioners' Court TIlVIE PREFERRED: Consider and discuss waiving platting requirements for a revision of plat. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: Comm. Pct. #3/Christina Lovett 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 prepared 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 earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. BACK-LrP Issue as presented to Jonathan Letz by Ms. Lovett. -1975 Subdivision that allows subdividing lots. -Ms. Lovett has two houses on one lot and wants to subdivide lot. Current lot size is 2.424 acres. Current Rules: -Dividing a lot in an existing subdivision constitutes a revision of lot. -Revision of lot requires minimum standards under current Kerr County Subdivision Rules and Regulation. Ms. Lovett is requesting a waiver of minimum lot size to subdivide her lot_ ~-- ~/o t ~ 7~h ,LeT L V v ~ c'v ev- ~ L-o ~ S.'z e s 37~ • Two homes already exist on lot. No new home sites. ~io~se • Proposed: Each met will have its own lot, well and septic. Currently the small home gets its water from the other house and its sewage is pumped to the other homes' septic system. The small home will get a new alluvial well and a new septic system. • There is a fence and natural barrier which divides the two lots. • The existing well is also alluvial; just 20' deep and underlain by blue shale. • How will extra water be used from the home sites if they both already have water? • If you don't give some variances there a going to be a lot of illegal subdivisions. • Deed restrictions allow for dividing lots in subdivision as long as the lot size is at least © . ~7 of an acre . THE GUADALUPE COMPANIES Guadalope Survey Co. Guadalupe Wastewater Co. Charlie Digges Registered Professional Land Surveyor Mortgage Loan Surveys & Subdivision Platting Registered Professional Sanitarian Designer & Installer of Septic & Alternative Systems 217A West Water St errville, Texas 78028 'hone:830-895-1809•Fax:830-896-3534.1-800-547-1809 email gwcdiggs chi ktc.com • ~ ~ ...~,. r . . f' 9 . VOGES Soo-zG'E ~aa.aa' ROAL NOO'tJ'w Z39-/9'' /G9.9/' /99.6l~' /99-aZ' 1974G' ?oo./?' ~IOO.O' /9v Z ~~ ~;~~ ~ s,~~~~ I h ~' ~~ - 2.358 Ac. , ~ o ~ o ~O ?° d Q~~ $ 2.~,ac. ~ I w I 39 a 40 N 4 ~ 4j p~ ,~ L ~ i ~ ° ~' ~ ~ ~ ~ I 2.297 Ac. P 2.296 Ac. ~ 2.25 g9~ ~,~ ~ o~" ~~ 2.762 Ac. I ? a b ~9'r ~ p~~ ~ '4° ~;a, s O~ al ti~ 3 a, 0 1i'h ~ Pp 1. 4J ~ . ky ~'~ t~ ~. p4. ~^ . ~ l ~~ ^"?~„ ~h'v~~ ~~ SUd'33'~.s~3 0• ~ . ~,,~ ~+' ~ Q. . ~n ~ ~ - . ~~ ` tee. ~. ~ 5od .a' ~ ~b . ~ ~qQ + ~~ ~ ~ ~ ~ 34 ~ ~~ '~ \ ~ Q~ ~~ o `~ ~ ~ 2.394 Ac. ~- j ~ ~ ~ ~ s ~_ ~ ~. ~~ 4 a ~~~ ~ ~ ~ ~yi ~ ~ yOPM M~ n~ ~ c~- J 9 n~ n ~- a CIA, 30/N/ M nerA side el d /er I-rI/io rte. redirt. r lro~w ceA/eNiwe el wed /ed e/Aei.ite. tel"ewI it r~teired a/ewe r/iens indite%d ~,• -o- Aore iiow t/eket ~Arre /e- wew/ /iwet. ~ ~ /• ~ ~~t~ ~~ 0' \ l\ 2~+ uo6Y ~ ~i ~~ ~~~ , ~ f fl ~~ , ~~~~/l ~M~' . J ~ d • ~ ~ .r~p.,oved by t(r. Ca.rn.,'ssiartrs Corirtaf Kierr Ca Ti,us 0 Z ~~• ~ o~ the ° r aGry of aE-c . /l73, by Gtw/tr Na ~i~543 r 4= ~,i• 1 = s tf• ~ .~ ~ ~ of laid corirf: Fi/mod fiar ret~wd M t7~llr d ~ .fey /l7S it i/ cta o c%k o r o ~~ • t~~ ~ ~ ~1 ~° ~ ~. ~ , ., n, iiid r~r.dd o++ fiir ,$,~ of DEt , /!?3, rt i a'o ohJeic.F . mr., in /d. 4 X - +, ~ 29 4 Arg~r a9 erf tf-e O/ ~ Rr t of 1('trr Cb, Trxaw. ~~' 4 ~ ~~ a or Kraw rr+e c«nvrr cro~nvr ~~ ~ CQ, 7aX,at ~ N/D•e4 N'~, ' ~ ~ ~' . wal•~{ ~ wa.M /. 73/ ,OC. aIM/t M. MtIGNKG '~ M( ^M. /r~OiR 4.fA/~TT !a/R. /~/ RIVERPARK ESTATES A SUBDIVISION OF 74.990 ACRES OF LAND OUT OF THE THOMAS BARNETT SURVEY N0. 381,, ABSTRACT N0. 42, KERR COUNTY, TEXAS. OWNER: GUADALUPE DEVELOPMENT COMPANY (Neyland F. Allen, Jr., John Wslls, John F. Markham and R. W. Lind O.R. Voelkel - Engineer Scale : 1" • 150' November 1975 o GrapAic Scab '~e n n e .i ISO 3Q0 1¢0 iQp R. ~. *j$2~645 RIVERPARK ESTATES RESTRICTIONS YOL 207 PAGE sbs THAT GUADALUPE DEVELOPMENT COMPANY, being the sole owner and developer of RIVERPARK ESTATES in KERR COUNTY, TEXAS, do hereby restrict RIVERPARK ESTATES, as hereinafter set forth, which restrictions shall be binding upon the purchaser or purchasers of lots in said subdi~zsion, and his or their heir, assigns, successors, and administrators, to wit: 1. All lots shall be known and used exclusively for residential purposes. 2. No lot shall be used or rnaintained as a dumping ground for garbage or othf:r refuse, Trash, garbage or other waste shall not be kept except in sanitary containers. All cyuipment for the storage or disposal of such material shall be kept iri n clean and sanitary condition, and no noxious or offensive trade or activity shall be carried on upon any residential lot nor shall anything be done thereon which may be or become an unnoyance or nusiance to the neighborhood. 3. No more than one single family dwelling unit, not to exceed two stories, shall be erected, placed, or permitted to remain on any residential lot. No temporary structure of any sort shall be used on any lot as a residence at any time. Mobile homes may be used as residence fora maximum of one year during construction of a permanent dwelling. Campers, or motor homes during week-end or vacation periods are permissable. 4. Lots may be subdivided provided that (1) no single lot be less than 0.7 acre, (2) seller possess General Vi'azranty Deed to the lot being subdivided, and (3) purchaser acknowledge applicable restrictions by signing a copy of the Riverpark Estates Restrictions. 5. No residence shall be located on Any lot nearer than 25 feet to the front line nor nearer than four feet to the side or buck lot linr. of any lot, and no outbuilding shall be constructed nearer than 40 feet to the front line nor nearer than four `eet to the side or back lot line. In the event of common ownership of more than one lot and the construction of one building on more than one lot, the combined azea owned shall be considered as one lot for these purposes. 6. No residence of less than 750 square feet of living area, excluding porch area and garage, shall be erected or constructed on any lot. 7. Buildings shall be neat in appearance, and no building or structure shall be constructed or placed on t}•.e premises that shall be considered detrimental to the development. Wood exteriors shall be stained or painted with two coats of paint or stain and all residences must be completed on the exterior within 180 days from the beginning date of construction. All house plans shall be approved in writing by the developer, the successors or assigns, prior to construction on lot. S. No outdoor toilet shall be erected, placed or permitted to remain on any lot. Al] individual sewage disposal systems shall be located, constructed, and equipped in accordance with standards and requirements which are substantially equal to or exceed the minimum requirements for such systems as recommended by the S'fA'I'P•. IiLALTH DEYAR'I'MENT. 9. No sign shall be erected, placed or permitted to remain on any residential lot, except however, a sta:rdard real estate for sale sign may 6e erected. 10. No commercial hunting will be conducted or allowed on said land, and the discharging of firearms of any nature is expressly forbidden. 11. Livestock (horses, cattle, sheep or goats) shall be restricted to a total of two animals per lot. Lots exceeding 2.3 acres may add one additional animal for each acre over the minimum of 2.3 acres. 12. The owner of each lot shall keep the same clean and free of weeds and debris such as will be in keeping with the other property and the community at any particulaz time. Upon failure to do this, .the Developer, or the successors or assigns, may have the lot cleaned and the cost or expense thereof shall be payable by owner of said lot to Developer or the successors or assigns. 13. These covenants are to run with the land and shall be binding on a!1 parties claiming under them and shall not be altered, changed, amended or revoked in whole or in part, except, however, they may he changed, altered, amended or revoked in whole or in pazt by action of the prolerty owners of RIVERPARK ESTATES. 14. Enforcement of these covenants shall be a proceeding at law or in equity against any person, or persons, violating or attempting to violate any covenant, either to restrain ~•iolation or to recover damages from the violations. 15. Invalidation of any one of these covenants by a judgment, or court order, shall in no wise affect any of the other provisions or covenants, which shall remain in full force and effect. 16. RIVERPARK ESTATES as sellers retain an easement six feet wide along the perimeter of each lot to usedj as an .cress lfor purposes of utilities. SIGNF.I3 l_~fY+'t ~ L-U.--~-~'~f ~iLti'-r~~ DATE ~ ~~~-~-~-- SIGNED~ - -~.iv~t~ ~`"Y.-~-~_~~~~ DA'I'F; -- ~'i'ATE OF TEXAS COUNTY OF KEF.R ~. ~QE, Z 0 7 PAGE S G 4 BEFORI~: ME, the undersigned authority, on this day personally appeared JOHPd P. WELLS, Trustee for River Park Estates, and acknow- ledged to me that he executed the foregoing instrument for the pur- poses and consideration therein expressed and as the act an3 deed of said Lstates. C.IV);id UNDER MY HAPiD AND SEAL OF' OFr"ICE, this the 24th day of April, A.D. 191'8. Notar, 'Public in and far Kerr County, Texas ~' ' ' '~' STEPHANIE M. HALL • NOTARY PU6LIC ~.. KERR COUNTY, T S :~`~.- . , MY COMMISSION EXPIRES y°~ 6 ., i i~ ~ n a~ ~ 1 ~ ~ ~~ ~ ~ ~~• ~ o ~ ~ ~ ~~. ~ ~~ ~ o a J ~~ ~ - ~ 4{j 4~ (~ v U m I `` i `1 ~I f Filed for. record AnriL ~, 1978 at 11:13>'clock A.~i. Recorded April 27ti~ ; I~78 EbiTiIE M. MUENKER, Clerk Byf~jT,%Ji~n~c~ Deputy ~-- J ~~' ~~o L1 ~ ~ eT L w Gc c'lJ e/~ '7~ ~0 7~ S'•'z C 37~ • Two homes already exist on lot. No new home sites. lzo~s~ • Proposed: Each met will have its own lot, well and septic. Currently the small home gets its water from the other house and its sewage is pumped to the other homes' septic system. The small home will get a new alluvial well and a new septic system. • There is a fence and natural barrier which divides the two lots. • The existing well is also alluvial; just 20' deep and underlain by blue shale. • How will extra water be used from the home sites if they both already have water? • If you don't give some variances there a going to be a lot of illegal subdivisions. • Deed restrictions allow for dividing lots in subdivision as long as the lot size is at least ©.7 of an acre. THE GUADALUPE COMPANIES Guadalupe Survey Co. Guadalupe Wastewater Co. Charlie Digges Registered Professional Land Surveyor Mortgage Loan Surveys & Subdivision Platting Registered Professional Sanitarian Designer & Installer of Septic & Alternative Systems 217A West Water St errville, Texas 78028 Phone:830-895-1809•Fax:830-896-3534.1-800-547-1809 email gwcdiggs ct ktc.com .rte -.. ,~ r ~.___ - a. ,~ RIVERPARK ESTATES ~Q~ 207 pA~ 563 ~~~~ RESTRICTIONS THAT GUADALUPE DEVELOPMENT COMPANY, being the sole owner and developer of RIVEP~PARK ESTATES in KERR COUNTY, TEXAS, do hereby restrict RIVERPARK ESTATES, as hereinafter set fartl~, which restrictions shall be binding upon the purchaser or purchasers of lots in said subdi~-ision, and his or their heirs, assigns, successors, and administrators, to wit: 1. All lots shall be known and used exclusively for residential purposes. 2. No lot shall be used or maintained as a dumping ground for fiai•bage or other refuse. Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition, and no noxious or offensive trade or activity shall be carried on upon any residential lot nor shall anything be done thereon which may be or become an annoyance or nusiance to the neighborlioad. 3. No more than one single family dwelling unit, not to exceed two stories, shall be erected, placed, or permitted to remain on any residential lot. No temporary structure of any sort shall be used on any lot as a residence at any time. Mobile homes may be used as residence fora maximum of one year during construction of a permanent dwelling. Campers, or motor homes during week-end or vacation periods are permissable. ~. Lots may be subdivided provided that (1) no single lot be less than 0.7 acre, (2) seller possess General Vi'arranty Deed to the lot being subdivided, and (3) purchaser acknowledge applicable restrictions by signing a copy of the Riverpark Estates Restrictions. 5. No residence shall be located on any lot nearer than 25 feet to the front line ror nearer than four feet to the side or back lot line of any lot, and no outbuilding shall be constructed nearer than 40 feet to the front line nor nearer than four `eet to the siae or back lot line. In the event of common ov«iership of more than one lot and the construction of one building on more than one lot, the combined area owned shall be considered as one lot for these purposes. 6. No residence of less than 750 square feet of living area, exciu.ding porch area and garage, shall be erected or ccns±ructed on any lot. 7. }3uildings shall be neat in appearance, and no building or structure shall be constructed or placed on tre premises that shall be considered detrimental to the development. Wood exteriors shall be stained or painted with twc coats of paint or stain and all residences must be completed on tl~e exterior within 180 days from the beginning date of construction. All house plans shall be approved in writing by the developer, the successors or assigns, prior to construction on lot. 8. No outdoor toilet shall be erected, placed or permitted to remain on any lot. All individual sewage disposal systems shall be located, constructed, and equipped in accordance with standards and requirements which are substantially equal to or exceed the minimum requirements for su~:h systems a., rerotnmend~~d by the STATI, IiEAL'I'H DEl'ATt'I'MENT. 9. No sign shall be erected, placed or permitted to remain on any residential lot, except however, a standard real estate for sale sign rna.y be erected. 10. No commercial hunting will be conducted or allowed on said land, and the discharging of firearms of any nature is expressly forbidden. I1. Livestock (horses, cattle, sheep or goats) shall be restricted to a total of two animals per lot. Lots exceeding 2.3 acres may add one additional animal for each acre over the minimum of 2.3 acres. 12. The owner of each lot shall keep the same clean and free of weeds and debris such as will be in keeping with the other. property and the community at any particular time. Upon failure to do this, the Developer, or the successors or assigns, may have the lot cleaned and the cost or expense tl-~ereof shalt be payable by ow-~er of said lot to Developer or the successors or assigns. 13. These covenants are to rvn with the land and shall be binding on all parties claiming under them and shall not be altered, changed, amended or revoked in whole or in part, except, however. t.ha„ ....... 4--. ~L_~~ _~ _,. ~a'TATE OF TEi~.AS r" cauNTY aF ~~E~ ~ . ~ V01. a 0 ~ PAGE s ~ a BEFORE ME, the undersigned authority, on this day personally appeared JOHPJ P. WELLS, Trustee for River Park Estates, and ac4;noty- ledged to me that he executed the foregoing instrument for the pur- poses and consideration therein expressed and as tr,e act and deed of se.id L'states . GTVEN UDDER N1Y HAND APID SEAL OF Ob'~'TCL, this the 2~}th day of April, A.D. 1918. Notary Public in ~~nd far . Kexr Oounty, Texas ... .. ,' '=~ ' ~ _ STEPHANIE M. HAU. NOTARY PUBLIC ~.. KERB COUNTY, T ~ 6 :~`~ .^.;, „ .. ~, MY COMMISSION EXPIRES ~, (, ~ z ~° ~ ~ ~~ ~ i ~ ~~ ~ ~ ; ~ ~ ~ ~ ~ ~., ~. n S ~ .~ I ~ ~ ~ ~ ~~ ~ ~ ~m ~ ~~ ~ j i I 1 j