ORDER NO. 29908
SET PUBLIC HEARING TO ABANDON, VACATE AND
DISCONTINUE PLAT OF LIVE SPRINGS RANCH
Came to be heard this the 11th day of September, 2006, with a motion made
by Commissioner Nicholson, seconded by Commissioner Letz. The Court
unanimously approved by vote of 4-0-0 to:
Set a public Hearing for October 10, 2006 at 10:05 a.m. to abandon, vacate
and discontinue the plat of Live Springs Ranch, Vol 7, Pages 190 & 191,
Pct. 4.
1. ~~
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Leonazd Odom OFFICE: Road & Bridge
MEETING DATE: September 11.2006 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFICI: Consider, discuss, and take appropriate action to Abandon
Vacate and Discontinue the plat of Live Snrinas Ranch (VoL 7, Pages 190 & 1911 Pct. 4
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Leonard Odom
ESTIMATED LENGTH OF PRESENTATION: 10 minutes
:F 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:
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has
been prepared for the Court's format 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.
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Kerr County Road & Bridge
4010 San Antonio Hwy
Kemille, Texas 78028
TO:	COMMISSIONERS COURT
FROM:	LEONARD ODOM
DATE:	September 5, 2006
RE: Abandon, Vacate and Discontinue Live Springs Ranch (Vol. 7, Page 190-191), Pct. 4
Attached you will find a letter from the owner of Live Springs Ranch and his surveyor requesting
Live Springs Ranch (Vol. 7, Page 190-191) be vacated on September 25, 2006. However we did
not receive the request until August 31, 2006. Voelkel Engineering must vacate this plat before a
final can be given and they hope to present the Final Plat on September 25, 2006. The developer
owns all the property, but there is another piece of property with access to the road.
Considering the Court's schedule this date (Sept. 11, 2006) was the fast date to request this
_. action. The way the new subdivision rules are worded, it appears there does not need to be a
public hearing, just an advertisement to vacate the plat before the action can be taken.
Our policy has been to set a public hearing at the first available Court date with at least a 30 days
span. Immediately following the public hearing we present the action to be taken.
We need to know which the Court prefers for future notices.
At this time we request the advertisement be place by the County Clerk, and our office will
present the request to the Court to Abandon, Vacate and Discontinue Live springs Ranch (Vol. 7,
Page 191-191) on October 10, 2006. Including today this will be 30 days.
Th
live springs 9 10
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212 CL/Y STflEET. KEBIIVILLE. TEKAS )BO28. 831251-3313
August 31, 2006
To: Kerr County Road and Bridge Department
From: Voelkel Engineering & Surveying, PLLC
Re: Live Springs Ranch, Vacating Plat and Subsequent Platting
Transmitted herewith is a letter from the current owner of Live Springs Ranch requesting the
nine lots of the original plat For Live Springs Ranch (Volume 7 Pages 190 $z 191) be vacated.
They own all of the lots, so there are no other owners that could possibly be affected. Please
consider this as the "application" for cancellation of the lots in this subdivision. The subdivision
regulations stipulate that notice of the cancellation be placed in the newspaper three weeks prior
to the meeting, which would mean the notice has to appear by September 4, 2006. That is the
only requirement stated in the regulations.
.~. ~°'~ ~ 1~. _
Don W. Voelkel
Voelkel Engineering & Surveying, PLLC
Copy: Dave Nicholson, Kerr County Commissioner, Precinct 4
Chris Bachman, Texas Diamond Properties, Developer Live Springs Ranch
T0: Kerr County Commissioners
FROM: McCombs Family Partners, Ltd.
RE: Vacating the Current Plat at Live Springs Ranch
DATE: August 31, 2006
We respectfully request that on the regularly scheduled Commissioner's Court meeting on
September 25, 2006 that the nine lots as recorded in volume 7, pages 190 and 191 of the Plat
Records of Kerr County, Texas be vacated.
At the same meeting we will be submitting a plat for final approval. Thank you for your
consideration.
C ~otr~-
Gary V. Woods
President
McCombs Fami y Partners, Ltd.
°' 6.04.D. if the Commissioners Court permits a person to revise a
subdivision plat, the person shall make the revision by filing for record with the County Clerk a
revised plat or part of plat that indicates the changes made to the original plat.
6.04.E. The Commissioners Court is trot required to give notice by mail if
the plat revision only combines existing tracts.
6.04.P. The revised plat shalt be subject to all of the provisions of Kerr
County Subdivision Rules and Regulations. if the revision to the plat revises less than four tracts
the alternate platting process set forth in Section 6.035. "Alternate Plat Approval Process for
Subdivisions with Less Than Five (5) Lots," may apply. However, the Alternate Plat Approval
Process does not change the notice requirements set forth in Section 6.04.
6.04.G. The person requesting the "Revision of Plat" must submit with the
request for "Revision of Plat" the names and addresses of all owners of tracts in the subdivision.
/~ 6.05 Cancellation of Subdivision: A person owning real property in the county that has been
subdivided into (ots and blocks ar into small subdivisions may apply to the Conunissioners Court
for permission to cancel alt or part of the subdivision, including a dedicated easement or
roadway, to reestablish the property as acreage tracts as it existed before the subdivision. If, on
the application, it is shown that the cancellation of all or part of the subdivision does not ':;
interfere with the established rights of any purchaser who owns any part of the subdivision, or it
is shown who owns any part of the subdivision, or it is shown that the purchaser agrees to the
cancellation, the Commissioners Court by order shall authorize the owner of the subdivision to ~I
file an instrument canceling the subdivision in whole or in part. The court shall enter the order
in its minutes. After the cancellation instrument is filed and recorded in the deed records of the ~
county, the county tax assessor-collector shall assess the property as if it had never been
subdivided.
6.OS.A The Commissioners Court shall publish notice of an application for
cancellation. The notice must be published in a newspaper, published in Che English Language, in
the county for at least three weeks before the date on which action is taken on the application.
The court shalt take action on an application at a regular term. The published natice must direct ~
~;y person who is interested in the property and who wishes to protest the proposed cancellation
appear at the time specified in the notice. The cost of such notice shall be paid for by/~
6.OS.B If delinquent taxes are owned on the subdivided tract for any
preceding year, and if the application to cancel the subdivision is granted as provided by this
section, the owner of the tract may pay the delinquent taxes on an acreage basis as if the tract had
not been subdivided. Por the purpose of assessing the tract for a preceding year, the county tax
assessor-collector shall hack assess the tract on an acreage basis.
Kert County Subdivision Rules & Regs June 26, 2006 Page 33
•°~ 6.OS.C On application for cancellation of a subdivision or any phase or
identifiable part of a subdivisian, including a dedicated easement or roadway, by the owners of
75 percent of the property included in the subdivision phase or identifiable part, the
Conunissioners Court by order shall authorize the cancellation in the manner and after notice and
a heazing as provided by Subsections, (A) and (B}. 1-lowever if the owners of at least 10 percent
of the property affected by the proposed cancellation file written objections to the cancellation
with the court, the grant of an order of cancellation is at the disceetion of the court.
6.05.1? To maintain an action to enjoin the cancellation or closing of a
roadway or easement in subdivisian, a person must own a lot or part of the subdivision that:
abuts directly on the part of the roadway, or easement to be canceled or closed; or connected by
the part of the roadway or easement to be canceled or closed, by the most direct feasible route,
to: a) the nearest remaining public highway, county road, or access road to the public highway or
county road; or b} any not canceled common amenity of the subdivision.
6.05.E A person who appears before the Commissioners Court to protest
the cancellation of all or part of a subdivision may maintain as action for damages against the
person applying for the cancellation and may recover as damages an amount not to exceed ttte
amount of the person's original purchase price for property in the canceled subdivision or part of
the subdivision. The person must bring the action within one year after the date of the entry of
the Commissioners Court's order granting the cancellation
6.OS.F The Commissioners Court may deny a cancellation under this
--, section if the Conunissioners Court determines the cancellation will prevent the proposed
interconnection of infrastructure to pending or existing development.
6A6 Cancellation of Subdivisions if Land Remains Undeveloped: The Commissioners
Court may cancel, after notice and a hearing a subdivision for which the plat was filed and
approved before September 1, 1989.
6.06.A The Commissioners Court must publish notice of a proposal to cancel a
subdivision under this section and the time and place of the required hearing in a newspaper of
general circulation in the county for at least 21 days immediately before the date of cancellation
order is adopted. The Kerr County Tax Assessor-Collector shall, not later than the 14~' day
before the date of the hearing, deposit with the United States Postal Service a similar notice
addressed to each owner of land in the subdivision, as determined by the most recent county tax
roll. The cost of such notice shall be paid for by developer and shall be included in the
subdivision permitting fee, see Appendix F.
6.06.B At the hearing, the Commissioners Court shall permit any
interested person to be heard. At the conclusion of the hearing, the court shall adopt an order on
whether to cancel the subdivision. The Commissioners Court may adopt an nrder canceling
subdivision if the court determines the cancellation is the best interest of the public. The court
may not adopt an order canceling a subdivision iE 1} the cancellation interferes with the
established rights of a person who is a non-developer owner and owns any part of the
Kerr Courtly Subdivision Rules & Regs June 26, 2(N]( Page 34
'"" subdivision, unless the person agrees to the cancellation; or 2} the owner of the enfia>r
subdivision is able to Shaw that: a} the owner of the subdivision is able to comply with the
minimum state standards and model political subdivision rules developed under Section 16.343,
Water Code, ittcluding any bounding requirements; or b} the land developed or improved before
September 1, 1989.
6.06.C The Comtnissioners Court shall file the cancellation order for
retarding in the deed records. After the cancellation order is files and recorded, the property
shall be treated as if it had never been subdivided, and the county chief appraiser shall assess tflte
property accordingly. Any liens against the property shall remain against the property as it vv'as
previously subdivided.
Ken- County Subdivision Rules & Regs Tune 26, 20J6 Page 35