l ~ l.~ t y~ ~- .~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom OFFICE: Road & Bridge MEETING DATE: December 13, 2004 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider request from landowner to accept Scenic Ridge (formerly Ride Road) for Kerr County Maintenance, Pct. 4. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Len Odom/Dave Nicholson/James ESTIMATED LENGTH OF PRESENTATION: 15 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 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. Truby Hardin ,,~,, From: "Dave and Neva" To: "Road & Bridge" Cc: "David Nicholson" Sent: Sunday, December 05, 2004 10:47 AM Subject: Ridge Road Len Odom: 1 believe the issue of whether the County has responsibility for maintenance of Ridge Road in Hills'N Dales Subdivision is decided by these four facts: 1. On June 2, 1970 the Commissioners' Court approved the plat of Hills 'N Dales Subdivision. 2. Ridge Road was paved by the Developer sometime between 1973 and 1978. 3. On October 24, 1979 the Commissioners' Court assumed responsibility for roads in Hills 'N Dales Subdivision which had been paved. 4. For some unknown reason the County did not commence maintenance of Ridge Road as authorized by Commissioners' Court. It is possible that Ridge Road in Hills 'N Dales was confused with Ridge Road in Stone Ridge Estates which was denied county mainenance in 1978. It is my thinking that the fact that we have not maintained Ridge Road is not relevant to the issue; we simply got afree- ride far twenty-five years. I also think that assuming maintenance of Ridge Road does not require additional action on the part of Commissioners' Court; the decision made on October 24, 1979 remains valid. If you agree with these conclusions, I will notify Mr. Alford that we will commence maintenance of Ridge Road. Dave 1 Zi~i2oa4 ~~~~~ ~F~ ~~ o~ ~ ~a Kerr County Road & Bridge Leonard Odom, 3r. 4010 San Antonio Hwy Telephone: 830-257-2993 Administrator Kerrville, Texas 78028 FAX: 830-896-8481 Email: kcroads~lrtc.com Truby Hardin Assistant Administrator T0: Dave Nicholson, Commissioner . 4 FROM: Leonard Odom, Jr. ' ~ ~!~ DATE: November 29, 2004 RE: Ridge Road, Hi11s,.8~.Hales Subdivision When this administration of the Road & Bridge Department began in 1991, the Ridge, West Hi- line, Park, and Deerfield roads in Hills & Dales were not part of the Kerr County maintenance program. In 1993 the homeowners of East Hi-line requested the Commissioners Court maintain their road and the Court agreed to do so only if the homeowners would do the fallowing: n 1 } Dedicate an additional ten (10) feet of right of way. Five (5 feet from each landowner}. 2} Pay for the surveying, legal fees, and filing fees necessary to give make the road a 40 ft. right of way. Once the homeowners did all of the work necessary for the 40 ft right of way, the Commissioners Court funded the work to bring the road up to standards. Even though the request began in 1993, it was 2000 before it was completed. Since the Court has set a precedence for roads to be accepted in Hills & Dales Subdivision, we feel the same guidelines should be followed far any future acceptance. We have enclosed documentation to show the progression on the acceptance of West Hi-Line. I hope this answers any questions you might have. Th hills dales MliJM01.2ANDUM T0: Commissioners' Court FROM: Franklin Johnston, P.E. Leonard Odom, Jr. DATE: October 5, 1993 RE: West Ki Line, Hills & Dates Subdivision We were asked by the Court to survey West Hi Line to locate the roadway and show the landowners where the right-of--way would be if they gave five foot on either side of the existing roadway. This has been done, and paid for by Road & Bridge. Before the Court considers accepting this roadway, we ask you to consider the following: 1 } We set aside $10,000 in Contract Fees for roads the Court accepts into the maintenance system during 1993-94. 2) We estimate the roadway could be re-surfaced for $3,500 plus the cost of surveying ^ and legal work. 3) The landowners told us they would participate. We suggest the landowners be asked to participate by doing the legal work, surveying, and filing necessary to give the extra 10 ft. to give us a 40 ft. right-of--way. 3) Once the right-of--way work is completed, the Road & Bridge department could re-surface the road during the 94 Seal Coat Progam, using some of the funds set aside for new roads. ~'2-h X9:20 1~A~ t,JO deb &J.~..L Sebtember 2@, 1935 .i.:.'~..!. CQ~.~-..I ...aa'L ..1.~ .~C CU1LL:.:.fifi:.Q71~..^fi s, Wlllie~t F. Lange 120 W. H1 amine Ingram, Texas T8025 Nr. Br-~ce Oehler County Co:nmissicnar Kerr County Court House Kerrville, Texas ' Csar Bruce! ns you will recall, over a year ago, I appeared before the Court to discuss cct.:nty maintenance of A1ost Hi Line Road in the Hill 'n' Dales subdivision. At that time, the court accepted responsibility for this short rcad_ I was informed tt'at new easement rig^ts would be req'.:ired from all property awner5 ad~oir.inq the road. Z volunteered to obtair. theca rights upon .-eceip= of t;':e proper =orms f=om the county along wi_h the names and addresses of all parties i:~volvel. To date, after severa~ requests, I have not received any r info=ns-ion from the caLnty 8rd of course, ao work has been done or; the road. .t continues in deplorable condition. Delivery people era refusing to ccme up :he hill, 3ruce, I think ny nei5~hbora and I have been mo_t patient but action needs to be taken irnm.edlately. Please contact me as Boor. as possible. Pega: ds , ~. /~~i~.~' _.--~ ~Aillia Lange cc : Ho::orab:e Robert Dmneon, County Judge Mr. b Mrs. W~yna Be~11~ 12' M:. & Mrs. Ed Bastian 1~5 Mr. & Mrs. Dennis Long 1Z4 Mr. ~ Mrs. Jim Robinso:: 10: ...~-- West Hi Line nest Hi Line West Hi Ling West Hi Line 1 V ~~ ~ Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 Franklin Johnston, P.E. County Engineer February 9, 1999 Thomas W. Pollard Attorney at Law 951 Main Street Kerrville, Texas 78028-3598 r Leonard Odom, 7r. Road Administrator Dear Mr. Pollard: Thank you for keeping us informed on the right of way transfer for West Hi Line. The Road & Bridge crews finished blade patching the roadway and trimming the brush on West Hi Line on February 3, 1999. The roads to be resurfaced this year were budgeted back in May 98. So, this road will not be seal coated this budget year. Now that the right of way issue has been resolved, we can budget for a new surface in the 99/2000 budget. Sincerely, Leonard CF o: Road Ad ni CC: Commissioners Court Mr. & Mrs. William Lange Telephone: 830-257-2993 E-mail: kaoads(c~ktc.com FAX 830-896-8481 I~~>7°~° ~~~~~~ Il~~~.~1 ~ I~m~~l~~ 4010 San Antonio Hwy. ~^ Kerrville, TX 78028 X210} 257-2993 FA?~ (2l0} 896-8480 TO: Robert A. Denson, County Judge FROM: Leonard Odom, Jr., Road Administrator DATE: September 28, 1995 RE: West Hi Line This is in response to your question about West Hi Line in Hills n' Dales: When Commissioner Oehler and Mr. Lange presented their request to have West Hi Line County maintained in the early part of 1994, it was decided by the Court that they should do the following: Bruce would instruct the County Surveyor to survey the right-of--way and prepare metes and bounds. 2. Bruce would request the County Attorney prepare Warranty Deeds. 3. Mr. Lange would get all of the needed signatures. 4. The homeowners would pay for the survey and related cost. After all of these items had been completed fora 40' County right-of--way, Road & Bridge would came ~r-. back to the Court for acceptance of the road and schedule work to be done. Acquiring right-of--way is normally done by the commissioner in his precinct, not Road & Bridge, so you need to cheek with Bruce Oehler to see where things stand with this project. THOMAS W. POLLARD ATTORNEY AT LAW ^~ STATE 6AR NO. 16100000 951 MAIN STREET KERRVILLE, TEXAS 78028-3598 (8301 996.7500 FAX (9301 257-7079 February 4, 1999 Kr. Franklin 3ohnston, County Engineer 4010 San Antonio Hwy. Kerrville, `texas 78028 Re: Hills n' Dales Subdivision West Hi Line Drive Dear ~~r . Johnston I have this datQ delivered (for recording) to Janett Pieper, Kerr County Clerk, all of the Right of Way Deeds for the west Hi Line Drive project. Collectively, they widen the Right of Way in question to forty (40') feet as reflected on the attached plat. A copy of Leonard Odom, Jr,'s letter of September 28, 1995 relating to this matter, is enclosed for your convenience. Likely Nit. Lange and others will soon contact your office inquiring about when West Hi Line Drive will be improved andJor repaired by Kerr County. I did the legal work on this project for William F. Lange, et ux, with the prior consent of the Commissioners' Court since there was a possible conflict of interest due to my representation of Kerr County on certain civil matters. Should you have any questions, please call me. Sincerely, r' hornas W. Po and TWP/c cc: The Honorable Judge Frederick L. Henneke Kerr County Courthouse Kerrville, Texas 78028 ~'~ :sir , and Mrs . 4ii 11 lam F . Lange Kerr County Commissioners 1J_ti G, . H:. Lute Ingram, Texas 7i;t;2~ t~'~r. Bruce Oeh]_et' Countlr C~:~r. =_ss~o:;a;~ l{erg- County Cot~~i: House ~~:err~jl~1~~, T+~xas ' Dear Bruce: i~.i ]~C'~t itii~.l. reCa~l, O`J~;" a )Year c~~0, .. apnoea=.?d. :~efore ':..:~? Court to discuss county r:.aintenance of tw'est Hi Line Road in ~~t.~e Hiii '_Z' Jaies su;od=vision. A';. '.t~3t ~:iue, the court a~:,~~e~a'•~ed resL~onsibility for this s~,or_t roac. - c~,3s ~.r~~orr,;ed t~zat nek7 easem.e _~~ r_g:Z~,:s would ;e t-equit~ed from a].1 proE~erty owners ad~oining the road. i volu:.teer~sd ..o o,o'~a~.. ~~.es_= ~ ~g:zts coon receiat of t~:e ;~rG,7~~r farms from the county along with the names and addresses of .-.. a=' ~~a~ties ]-nVr_;.•1,d. r'v Cate; after several :-eot;es-~s, l :nave :~o~_ r?=e~vad ar_y inforntat ion from the county a:1d of course, no v.*ot.-k has been done on t:.e road. It conti:~aes in deL~=ora,o~~e co:z~wi~~ior_. Delivery ).aeople are t:eiusyng to come ul~ the h.i_11. ;~r.ace, T t~hit~t. rr.y neigl.l~o~s a:~o. I rave bee,z r:.ost L~a~~ier.~~ au-,; art iota .Zeeds to b+~ ta;cen immediately. Please co :tact me as loan as ,oossi;aie. Regards, ~, G~ _~ ti~illia:.~ i'. mange cc : Honot~able ].;obert venson, County Judge iii,:', &. 1~1ts. U;ayiie '3ec~~n ~21. 'r~,=s'.~ _.t, ;~L:.,~ I'~r. C h'~t,s. iJd 13as1.,_an l_7_5 4;~~Si~ 1.~1 Lj.»e l~'xL , 6. 1~_'s. J`t.r,].s Jct~g 124 v;esL H~ :~i~~~ i~]r. ~ l'~rs. Jj_,n ;;+~binson lt~l 6~est 131 '_~ine _~~~c~2- ~i-08-199 H3~SL~M =P+7~~ ERR CO CLERK dFFCr_E TO 3~9~Sa3L ~.~~ G~PC~r~,DVf~L TO RCCEFT WEST HF LIME DRIVE A`~D LddKER 13RIVE $hd HILLS--N-DAE.E:'s SL~BbIVISIOf~! F~~t cQUCVTY MfRIhETEhlarscE ~-,. Qn tFti~ tt~e 2~th day d~' Decembet• t~33dx ~~po~r motion radr? by CQmmifiaianer Oehler, seconded by Coa~missianer L.et~ t€~e Co~lrt unaa,r~ilsnttaZy approved by ,~ vote v~ S-Q--O, to accept West F~li Lfne Drive and Looker Drive in H~.I~~s-n-ClaLes Sr~belfvisian for Raac# ant! 6r-Edge County Maintenance. ~ TOTAL P,02 -- Some Questions and Answers About Ridge Road, Hills `n Dales Subdivision Q: ~aVhen were Ridge Road and its adjacent lots developed? A: Between 1973 and 1979. The first lot, spanning the entire length of the east side of the road, was sold in 1973 and construction began immediately on 104 Ridge Road so presumably the road and adjacent lots had been surveyed before then and the road had at least been cleared and graded. Q. ~~Vhen ,vas the Ridge Road cul-de-sac surveyed and recorded? A. In September, 1978, when 114 Ridge Road was started. The cul-de-sac was platted and recorded a full year before the developer recorded the plat showing the rest of Ridge Road Q. lt~lhen vvas Ridge Road paved? A. Sometime between 1973 when 104 Ridge Road was started and 1978 when the cul-de-sac was surveyed. Evidence supports these early dates. Consider: -104 Ridge Road was started in 1973 and the road was paved after its water line was laid across the roadway. Further, its new roadside parking slab was partially covered by the paving. -The point of origin of the 1978 cul-de-sac survey is a'r4" iron pin (rebar) driven through the pavement and bent over for vehicle traffic where the centerline of Ridge Road intersects the Tract 6 property line. This iron pin is clearly visible and the pavement is still intact beneath it. -102 Ridge Road was started in 1989 and its water line trench was cut through the pavement. Jim Richter, owner and builder of 102 Ridge Road states that the pavement was there in 1989 and was already in need of repair. Q. ~3Jhen did Ridge Road become a county owned road? A. On October 24, 1979 by order of Commissioners Court. The court withheld county maintenance on any unpaved roads in Hills `n Dales until the developer paved them first. Q. At that time hove many unpaved Hills 'n Dales roads did the county decline to maintain unfit they ~avere paved? A. Two for sure. The roads known today as Megan Road and Hope Lane were on the 1979 plat and have never been paved. .--~ October 14, 2004 Dave Nicholson Commissioner Precinct 4 Kerr County 700 Main Street Kerrville, TX 78028 Commissioner Nicholson, t have been researching the unmaintained road in front of my house and have uncovered considerable evidence indicating that it is owned by the county and should have been maintained by the county since 1979. The road is Ridge Road in Hills `n Dales Subdivision. !t's a one block dead end street with six houses. Today it is known as Scenic Ridge Road West. Mere is what I have learned, mostly from Commissioners Court Minutes: ,_ The roads of Hills `n Dales Subdivision were dedicated to the public by the developer and accepted by Commissioners Court, October 24, 1979 (Minutes VoI.O,p.514) with the provision that unpaved roads wouldn't be maintained by the county until the developer paved them first. Names of the paved and unpaved roads, if any, were not given. • Unlike other subdivisions where similar provisions were stipulated, the Court's minutes seem to be devoid of any further mention of Hills `n Dales roads being accepted or removed from maintenance. • Ridge Road is clearly shown on the 1979 Hills `n Dales plat on a tsar with the subdivision's roads that are being maintained by the county today. It still has a sizable remnant of old paving that has been patched and re-patched all these years by neighbors who assumed it to be a private road since the county routinely bypassed it on maintenance projects. • Deed and tax records show that all Tots on Ridge Road were sold by early 1978 and the first houses were already occupied by the time the roads were accepted by the county. Coincidentally, the Court's minutes show that another county-owned Ridge Road in another subdivision (Stone Ridge Estates) was denied maintenance __. from 1978 through 1982 (Minutes VoI.O,p.321 and VoLP,p.232~. Could our Ridge Road have been a victim of misidentification? -~- Jim Richter, my neighbor an the road, has been here since 1989 and reca{Is that the original pavement was in place and was obviously in need of repair when he built his house. Adding to the 'private road' belief in the minds of my neighbors, no doubt, are the existence of {egitimate non-county roads in Hills `n Dafes today. At least one nearby road was created after 1979 under the developer's "reservation of perpetua{ easements" power. What I want to do now is go through dusty old Precinct 4 records and Road & Bridge Department records from 1979 forward and attempt to resolve the status of Ridge Road in Hills `n Dafes Subdivision. My neighbors have grown ofd and have neither the stamina nor equipment to continue patching a small county-owned road and deserve relief if there is a reasonable possibility that it was inadvertently omitted from maintenance 25 years ago. Yours truly,) t r;~ I~ `~ mes P. Alford 4 Scenic Ridge Road W. Ingram, TX 78425 ~, / _ ~ ~'~ ~~. r 2 ~ Jr- .Z / ~~s .29537 ~~s ~ ~S 3~ ~~ ,~y~~s ,~~ ~2 ~i~5'~ ~ yes ,~ 9~~3s ~- ~~~--~~ C~~~' , ~~~ ~~ '~° ' ,~~~~ ~ - o ,~.~ . ~. ~;, x ~~ ,~ ~. :~ ~"~ , ~ 3 4 ~~~ r~... Y L,~ ~y... t ~ . ~.e.' ~ .a rr.~~ n f P 4 r ;;Rk (~ ~~4 .! :,^~ ~i+':' to .~ 1. ~; " C4 a ~ ISTB A ~ ,~ ' ". a. ~, i N u ~ M ~~ _ ~tid hy! 1/2 kR". t~aoted: ~ r, ~ ~ • l4 3 N ;r ] i i _ ~ .y _ 1 hu~by certify that. this plat was repared <. ;„ " from an octual surrey made on the ~raund under, ,: f ' " my perrision, aad it it Irui and onett, a, t . " 1 i ~ ` ~ ~~ ~~ ~ '. e • - * ru• • PAUL. L. BVSNONG. R~P P ~a..M.. r ' . ~ PE NQ 38177 1 ~~~1~ '~ " ~ ~ KOVEMBER 2,1879 ~ ,i ;~: ~ „ , _" - • ,; .~ . i S !! ~~~ W ~. '~' ~~ m ~ ~ w ~` o ~ ', ~. - .. ~ J ~~ ~ o U (J / y.13~ PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT 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. Name: f~ a Address: ~ /' J .~ Telephone: ~~~, ~ ~ ~~l Place of Employment: ~(~p Employment Telephone: 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. Which agenda Item (or Items) do you wish to address? ~° . In general, are you for or against such Agenda Item (or Items}? For Against Signs. NOTE: This Public Participation Form must be presented to the County Clerk prior to the time the agenda item(s) are discussed. Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are. f~.0`F PUBLIC PARTICIPATION FORM FOR KERR COUNTY COMMISSIONERS' COURT 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. ~- Name: ~GL-'~~ Address: 1 d ~ , ~C..f~c.t. ~~ ~ ~~~ /~-~ Telephone: ~ ~~ 7 ~ ~ 7 Place of Employment: ~,.-,c~.~/ ~` k~~ Employment Telephone: ~ ~a `~ -° ~~ ~~ 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. Which agenda Item (or Items) do you wish to address? ~ati-r ~ r~ ~ ~ ~~ h '~? I`- , ;~-, 1 ff you; represent a group or organization, please state the name, address and telephone number of such group or organization. Which agenda Item (or Items) do you wish to address? ~ , ~ In general, are you for or against such Agenda Item (or Items}? For ^ Against ~f ~ ~ _ , ~ ~ Signature NOTE: This Public Participation Form must 6e presented to Ihe-~'ounty Clerk prior to the time the agenda item(s) are discussed. __-' Once you reach the podium, please state your name and who/what you represent clearly for the court reporter to accurately record who you are.