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COMMISSIONER'S COURT AGENDA REQUEST
._. PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Franklin Johnston, P.E.
MEETING DATE: September 22, 2003
OFFICE: Road & Bridge _
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) Consider whether Kerr County Subdivision Rules apply to land
partitioned by legal action, and if access road shall be built to Kerr County Standards
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Engineer
ESTIMATED LENGTH OF PRESENTATION: 10 minutes
IF 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 Cade, is a follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: (a,
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 your request being addressed at the earliest opportunity. See
Agenda Request Rule Adopted by Commissioners' Court.

ROAD & BRIDGE
MEMORANDUM
TO:	Commissioner's Court
FROM:	Franklin Johnston, P.E. ~
DATE:	September 16, 2003
SUBJECT: Land Division and Access Questions
1. Property in question is 206.24 acres, jointly owned by two individuals. It was "partitioned" by
legal action on June 21, 2002 into two 87.604 acre parcels, with agriculture exemptions and a
31.004 acre parcel in which each individual has a half interest, which contain access to the two
larger parcels and connects to Highway 27. (See Deed, Vol. 198, P. 0175) See attached sketch for
layout. See attached page 1-4 of Ch. 12 and Ch. 23 of Texas Property Code.
2. When individual " 2" qn the sketch wanted to sell his property, the question came up: Does the
Kerr County Subdivision Rules apply to this land division and does the road, Parcel " 3" on the
sketch, need to be built to Kerr County Standards?
3. Commissioner Williams and myself have been on site and met with most of the individuals
involved. We are of the opinion that the current configuration does not require platting, and that
the road involved is a "driveway." If, however, the parcels of land are further divided, Kerr
County Subdivision Rules would apply and the "driveway" would have to be upgraded to Kerr
County Standards. See Section 12.002 (g} of Property Code attached.
4. I think all parties involved need a decision of the Commissioner's Court concerning the
applicability of the Kerr County Subdivision Rules for this situation.
Telephone: 830-257-2993 4010 San Antonio Hwy.
FAX: 830-896-8481 Kerrville, Texas 78028 Email: kcroads@ktc.com
Property -CHAPTER 23
CHAPTER 23. PARTZTYdL~T
§ 23.001. Partition
Page 1 of 2
A joint owner or claimant of real roperty or an interest in real
property or a joint owner of personal property, may compel a partition
of the interest or the property among the joint owners or claimants
under this chapter and the Texas Rules of evil Procedure.
Acts 1983, 68th Leg., p. 3513, ch. 576, § 1, eff. San. 1, 1984.
§ 23.002. Venue and Jurisdiction
(a) A } of nt owner o r a claimant of real property or an i me rest i n
real property may bring an action to partition the property or
i merest i n a district court of a county i n which any part of the
property is located.
(b) A joint owner of personal property must brink an action to
partition the property in a court that has jurisd-~ction over the
value of the property.
Acts 1983, 68th Leg., p. 3513, ch. 576, § 1, eff. San. 1, 1984.
~ 23.003. Effect on E`uture Interests
A partition of real property i nvolvi ng an owner of a 1 i fe estate or
an estate for years and other owners of equal or greater estate does
not prejudice the rights of an owner of a reverse on or remainder
interest.
Acts 1983, 68th Leg., p. 3513, ch. 576, § 1, eff. Tan. 1, 1984.
§ 23.004. Effect of partition
(a) A person allotted a share of or an interest in real property in a
partition action holds the property or interest in severalty under
the conditions and covenants that applied to the property prior to
the partition.
(b) A court decree confirming a report of commissioners in partition
of real property gives a recipient of an i me rest i n the property a
title equivalent to a conveyance of the interest by a warranty deed
from the other parties in the action.
(c} Except as provided by this chapter, a partition of real property
does not affect a right in the property.
Acts 19$3, 68th deg., p. 3513, ch. 576, § 1, eff. San. 1, 1984.
S 23.005. FAes
The judge of a court that hears an action to partition real property
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1'~operty - CHAPTER 12
CIIAPTER 12. RECORDING OF INSTRUMENTS
~ 12.001. Instruments Concerning Property
Page I of 10
(a) An instrument concerning real or personal property may be
recorded if it has been acknowledged, swam to with a proper jurat,
or proved according to law.
(b) An instrument conveying real property may not be recorded unless
it is signed and acknowledged or sworn to by the grantor in the
presence of two or more credible subscribing witnesses or
acknowledged or sworn to before and certified by an officer
authorized to take acknowledgements or oaths, as applicable.
(c) This section does not require the acknowledgement or swearing or
prohibit the recording of a financing statement, a security agreement
filed as a financing. statement, or a continuation statement Bled for
record under the Business & Commerce Code.
(d) The failure of a notary public to attach an official seal to an
acknowledgment, a jurat, or other proof taken outside this state but
inside the united States or its territories renders the
acknowledgment, urat, or other proof invalid only if the
jurisdiction in w~ich the acknowledgment, 'urat, or other proof is
taken requires the notary public to attach t~e seal.
Acts 1983, 68th Leg., p. 3489, ch. 576, § 1, eff. fan. 1, 1984.
Amended by Acts 1989, 71st Leg., ch. 162, § 2, eff. Sept. 1, 1989;
Acts 1995, 74th Leg., ch. 603, § 2, eff. 3une 14, 1995.
§ 12.002. 3ubda.vision Plat; Penalty
(a) The county clerk or a deputy of the clerk with whom a plat or
replat of a subdivision of real property is filed for recording shall
determine whether the plat or replat is required by law to be
approved by a county or municipal authority or both. The clerk or
deputy may not record a plat or replat unless it is approved as
provided by law by the appropriate authority and unless the plat or
replat has attached to it the documents required by Subsection (e) or
by Section 212.0105 or 232.023, Local Government Code, if applicable.
~f a plat or replat does not indicate whether land covered by the
plat or replat i s i n the extraterritorial j uri sdi cti on of the
municipality, the county clerk may require the person fin ny the plat
or replat for recording to fi 1 e with the clerk an affi davi t stating
that information.
(b) A person may not fi 1 e for re
clerk' s office a plat or replat
unless it is approved as provided
and unless the plat or replat
required by Section 212.0105 or
applicable.
cord or have recorded in the county
of a subdivision of real property
by law by the appropriate authority
has attached to it the documents
232.023, Local Government Code, if
(c) Except as provided by Subsection (d), a person who subdivides
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Property -CHAPTER 12 Page 2 of 10
real property may not use the subdivision ` s description i n a deed of
-- conveyance, a contract for a deed: or a contract of sale or other
executory contract to convey that i s delivered to a purchaser unless
the plat or rep/ at of the subdiv~ si on i s approved and i s fi 1 ed far
record with the county clerk of the county i n which the property i s
located and unless the plat or re lat has attached to it the
documents reqquired by Subsection (e~ or by Section 212.0105 or
232.023, vocal Government Code, if applicable.
(d) Except i n the case of a subdivision l ocated i n a county to which
Subchapter B, Chapter 232, vocal Government Code, applies, Subsection
(c) does not apply to using a subdivision's description in a contract
to convey real property before the plat or replat of the subdivision
is approved and is filed for record with the county clerk if:
(1) the conveyance is express/y contingent on approval and recording
of the final plat; and
(2) the purchaser is not given use or occupancy of the real property
conveyed before the recording of the final plat.
(e) A person may not file for record or have recorded in the county
clerk's office a plat or replat of a subdivision of real property
unless the plat or replat has attached to it an original tax
certificate from each taxing unit with jurisdiction of the real
property indicating that no delinquent ad valorem taxes are owed on
the real property. This subsection does not apply if more than one
person acquired the real property from a decedent under a will or by
inheritance and those persons owning an undivided interest in the
property obtained approval to subdivide the property to provide each
person with a divided interest and a separate title to the property.
(f) A person commits an offense if the person violates Subsection
(b) , (c} , or (e) . An offense under thi s subsect~ an i s a misdemeanor
punishable by a fine of not less than $10 or more than $1,000, by
confinement -~ n the county jai 1 for a term not to exceed 90 days, or
by both the fine and confinement. Each violation constitutes a
separate offense and also constitut rima f evidence of an
att~o ,
(g) This section does not apply to a partition by a court.
68th peg . , p . 3489 , ch ._~5?~ § 1, e-~f . ] an . 1, 1984 .
Amended by Acts	1987, 70th deg., ch. 149, § 22,	eff. Sept. 1,	1987;
Acts 1989, 71st	peg., ch.	624 § 3.09, eff. Sept. 1,
15
1991
ff	1989; Acts
1997
75th	1991,
p
72nd peg., ch.	570, § 1,	; Ac
,
. sane
e	ts	,	eg.,
ch. 583, § 1, eff. Sept.	1, 1997; Acts 1999, 76	th	peg., ch. 404, §
27, eff. Sept.	1, 1999;	Acts 1999, 76th peg.,	ch.	812, § 1,	eff.
Sept. 1, 1999;	Acts 1999,	76th peg., ch. 1382,	§	8, eff. 3un	e 19,
1999.					
§ 12.003. Instrument in general Land Office or Arahiv®s
(a) zf written evidence of ti tl e to 1 and has been filed according to
l aw i n the General t_and Office or i s i n the pub/ i s archives , a copy
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Property -CHAPTER 12 Page 3 of IO
of the written evidence may be recorded if:
(1) the original was properly executed under the law in effect at the
time of execution; and
(2) the copy is certified by the officer having custody of the
original and attested with the seal of the General sand office .
(b) A court may not admi t a ti tl e to 1 and that was fi 1 ed i n the
General sand office as evidence of superior ti tl a against a 1 acati on
or survey of the same 1 and that was made under a val i d 1 and warrant
or certificate prior to the fi 1 i ng of the ti tl e i n the General sand
office unless prior to the location or survey:
(1} the older title had been recorded with the county clerk of the
county in which the land is located; or
(2) the person who had the location or survey made had actual notice
of the older title.
Acts 1983, 68th deg., p. 3490, ch. 576, § 1, eff. San. 1, 1984.
~ 12.004. Foreign Deed
If written evidence of title to land has been filed outside the
county i n which the 1 and i s 1 ocated or outside the state , a copy of
._ the written evidence may be recorded i n the county i n which the 1 and
i s located i f
(1) the original was properly executed and recorded under the law
governing the recording; and
(2) the copy i s certified by the officer having 1 egal custody of the
original .
Acts 1983, 68th peg., p. 3490, ch. 576, g 1, eff. Tan. 1, 1984.
§ 12.005. Partition
(a) A court orde r partitioning or al 1 owi ng recovery of ti tl e to 1 and
must be recorded with the county clerk of the county in which the
land is located in order to be admitted as evidence to support a
right claimed under the order.
(b) A record of an order is sufficient under this section if it
consists of a brief statement by the clerk of the court that made the
order, signed and sealed by the clerk, that includes:
(1} the identity of the case in which the partition or judgment was
made;
-- (2) the date of the case;
(3) the names of the parties to the case;
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Property - CI-~A.~'TER 12 Fage 4 of 1 Q
(4} a description of the 1 and i nvol ved that i s 1 ocated i n the county
.._. of the recordi ng; and
(5) the name of the party to whom the land is decreed.
Acts 1983, 68th ~.eg., p. 3490, ch. 576, § 1, eff. San. 1, 1984.
§ 12.006. Grant From Government
A grant from this state or the United States that is executed and
authenticated under the 1 aw i n effect at the time the grant i s made
may be recorded without further acknowledgement or proof.
Acts 1983, 68th deg., p. 3491, ch. 576, § 1, eff. San. 1, 1984.
§ 12.007. Lis pendens
(a) After the plaintiff`s statement in an eminent domain proceeding
i s fi 1 ed o r during the pendency of an action i nvol vi ng ti t1 a to real
property, the establishment of an interest in real property, or the
enforcement of an encumbrance against real property, a party to the
action who is seeking affirmative relief may file for record with the
county clerk of each county where a part of the property is located a
notice that the action is pending.
(b~ The party fi 1 i ng a 1 i s pendens or the party' s agent or attorney
-- shall sign the lis pendens, which must state:
(1} the style and number, if any, of the proceeding;
(2) the court in which the proceeding is pending;
(3) the names of the parties;
(4) the kind of proceeding; and
(5) a description of the property affected.
(c) The county clerk shall record the notice in a lis pendens record.
The clerk shall index the record in a direct and reverse index under
the name of each party to the proceeding.
Acts 1983, 68th ~.eg., p. 3491, ch. 576, § 1, eff. Tan. 1, 1984.
§ 12.008. Cancellation of Lis P®ndens
(a) On the motion of a party or other person interested in the result
of or in property affected by a proceeding in which a lis pendens has
been recorded and after notice to each affected party, the court
hearing _ the action may cancel the 1 i s pendens at any time during the
proceeding, whether in term time or vacation, if the court determines
that the party seeking affirmative relief can be adequatel X protected
by the deposit of money into court ar by the gluing of an
undertaking.
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PUBLIC PARTICIPATION FORM
FOR
KERR COUNTY COMMISSIONERS' COURT
uG
Instructions: Fill out all appropriate blanks. Please print or write legibly. Present to the County
Clerk prior to the time that the Agenda Item (or Items) you wish to address are discussed.
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Name: ~?
Address: ,~
;c~ .~ ~
Telephoner > ,j-
Place of Employment:
Employment Telephone:
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S;~a tip,, ~3~ Kurz S t~ i~.s
~~1~~iy~ 7b'~~~
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Do you represent any particular group or organization? Yes ^'' No ^
If you represent a group or organization, please state the name, address and telephone number of
such group or organization.
~J R \i
_~ "Grp ,~ 1 ~.
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NOTE: This Public Participation Form must be presented to the County Clerk prior to the
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