ORDER NO. 28660 SUBDIVISION RULES Came to be heard this the 24th day of May 2004 with a motion made by Commissioner Williams, Seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0, that the Court affirm the County Attorney's memorandum of March 30, 2004, which will require a platting of the Bettac and Rickert property located in Precinct 2. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: H.A. "Buster" Baldwin MEETING DATE: May 24, 2004 OFFICE: Commissioner, Pct. 1 TIME PREFERRED: 10:30 A.M. SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss steps necessary for previousl}~ subdivided Bettac/Rickert property and road to be in compliance with Kerr County Subdivision: Rules. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Franklin Johnston/Spencer Hart 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 Code, is as 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 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. r.--~. r~--,..-~ .~ _ F ~~: ~ ~ ~,. Memorandum To: Commissioners' Court From: David Motley Subject: Subdivision platting requirement and existence of any exemption to same. Date: March 30, 2004 Our local rules' as well as the state subdivision rules set out in Cha~ter 232 of the Texas Local Government Code require subdivisions of land to be platted. The local rules define "subdivision." 3 It is clear that the June 2002 non-judicial partition of the tract of land owned by the Bettacs and the Rickerts was a subdivision under both the state rules and the local rules. The exceptions to the local subdivision rules provided in "GEN-ERAL PROVISIONS & PURPOSES Section P' at 1.03.G' and 1.U3.H$ are not applicable to the subdivision of the Bettac/Rickert property. The state subdivision rules ` 1.01 Subdivision Plat as defined by Section 232.001 of the Local Government Code shall be required to be prepazed by the owner if a tract of land is subject to the jurisdiction of the Commissioners Court set forth above and is divided into two or more parts to lay out: A. A subdivision of the tract, including an addition; B. Lots; or C. Streets, alleys, squares, parks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squazes, parks, or other parts. A division of a tract includes a division regazdless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract for sale or other executory contract to convey or by using any other method. z § 232.001. Plat Required (a) The owner of a tract of land located outside the limits of a municipality must have a plat of the subdivision prepared if the owner divides the tract into two or more parts to lay out: (1) a subdivision of the tract, including an addition; (2) lots; or (3) streets, alleys, squazes, pazks, or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squazes, parks, or other parts. s Section II DEFINITIONS: A division of a tract of land into two or more parts. 4 GENERAL PROVISIONS & PURPOSES Section I 1.03.G. A tract is divided into two parts and one new part is retained by the owner, and the other new part is to be transferred to another person who will further subdivide the tract subject to plat approval requirements contained herein; and the owner does not lay out a part of the tract as described in Section 1.02.C. S GENERAL PROVISIONS & PURPOSES Section I 1.03.H. A tract is divided and all of the parts are transferred to persons who owned undivided interest in the original tract and a plat is filed before and further development of any part of the tract; and the owner does not lay out a part of the tract as described in Section 1.02. C. provide similar exceptions.6 In short, I see no exception to the requirement that the Bettac/Rickert property should have been subdivided as the non-judicial partition did contain a very detailed and carefully described easement, which in common usage is the laying out of a road. DM/s 6 § 232.0015. Exceptions to Plat Requirement (a) To determine whether specific divisions of land aze required to be platted, a county may define and classes the divisions. A county need not require platting for every division of land otherwise within the scope of this subchapter.... (j) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two parts to have a plat of the subdivision prepazed if: (1) the owner does not lay out a part of the tract described by Section 232.001(a)(3); and (2) one new part is to be retained by the owner, and the other new part is to be transferred to another person who will further subdivide the tract subject to the plat approval requirements of this chapter. (k) A county may not require the owner of a tract of land located outside the limits of a municipality who divides the tract into two or more parts to have a plat of the subdivision prepared if (1) the owner does not lay out a part of the tract described by Section 232.001(ax3); and (2) all parts are transferred to persons who owned an undivided interest in the original tract and a plat is filed before any further development of any part of the tract. Franklin Johnston, P.E. County Engineer Leonard Odom, Jr. Road Administrator Truby Hardin, Coordinator Iva Gass, Secretary Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 Apri121, 2003 Kirk Rickert 106 West Fredrick Boerne, TX 78028 Dear Mr. Richert: fiLE COPY Telephone: 830-257-2943 FAX: 830-846-8481 Email: kcroads@ktc.com I need to add some additional information to the letter 1 sent to you on April 11, 2003. I understand your property consists of 87.654 acres and you have an undivided half-interest in 31.004 acres which is the road right-of--way to the land behind yours. We discussed you possibly selling your property to J.W. Colvin, N as an "adjacent landowner," however, J.W. Colvin, N does not own the land adjacent to yours. The land in question is in a Trust for his children. J.W. Colvin N does own the field in front of Dove Valley Subdivision fronting on Highway 27. When this land was "partitioned" into three parcels in 2002, it should have been platted in accordance with the Kerr County Subdivision Rules. We discussed on the phone about the possibility of upgrading the existing road to county standards for a private road. If the road were built to the standards of an "unpaved country lane", you could request a variance per paragraph I.03.A or 1.03.C. of the Kerr County Subdivision Rules. The road in its present condition would not qualify far a variance. Call me if you have any questions. Sincerely, Franklin Johnston .E. Kerr County Engi er CC: J. W. Colvin IV Commissioners Court COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley MEETING DATE: May 24, 2004 OFFICE: County J~Ydge TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss authorizing use of Court House Parking and Grounds adjacent to War Memorial area for Memorial Day Ceremony to be held Saturday, May 29`x' at 10:00 a.m. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: County Judge ESTIMATED LENGTH OF PRESENTATION: 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 Code, is as 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 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.