b1U8~7~ l~ (-I~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORGINAL AND TEN C©PIES OF THIS REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom OFFICE: Road & Bridee MEETING DATE: January 8 2007 TIME PREFERRED: SUBJECT• (PLEASE BE SPECIFIC)• Consider discuss, and take appropriate acrion for Revision of Plat of Lot 124E & 131A of FaIGn Water Pct. 3 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonazd Odom/Don Voelkel 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 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. reg7 ~Cr~ E ~p 5 ~ ~~ s F ~~ Kerr County Road & Bridge 4010 San Antonio Hwy Kemille, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: January 2, 2007 RE: Revision of Plat of Lot 124B & 131 A of Falling Water, Pct. 3 The owner is combining two lots into one under the alternate plat process. This meets all of the requirements of the Kerr County Subdivision Rules. At this time we ask that you approve the revision of plat as presented. Th falling water - APPENDIX I3 ,'_ i ROUTING SLIP FOR KERB COUNTY ALTERNATE PLAT PRQCESS Name of Subdivision: ~~~`~~~_ ~ ~ Volume ~ Page ~~. Location of Subdivision: ~ yt,,, ~~ (v1, cr(L.MMiOv'~" Precinct # Owner/T~°.,~:~i,`f~`-~.. ~~~-ti~'~.vaoC.~ Pbone#Lvy) $21~ -`~E"S~' Surveyor: ~~ ~f 0~,~~ Phone # (~ bs l ~33 l3 AGENDA DATE TO PRESENT TO COURT Fc SET PUBLIC HEARING N~k AGENDA DATE for PUBLIC HEARING and FINAL APPROVAL ~J~ . ~ t 1d7U (First Available Court Date aRer 30 day time frame for Public (Hcarin~) Person(s) appearing before Commissioners Court ~v~~~~t!~ 1) Submit two (2) copies of Plat to the Kerr County Road 3c Bridge Office for review. Ten (10) working days prior to Conmiissioners Court Date. R&B will forward one (1) copy to the Conmzissioner of the precinct Received b~_--~. /2 .xl ~~- 02 D (/ ~^-~ '~ Kerr County Rod d B:. Bride Office Date 2) Submit oue (1) copy of the Plat to County Clerk along with Tax Certificates and arrange for payment of fees per Kerr County Subdivision Rules & Regulations, APPENDIX F. (Clerk is located on the main floor of die ~Co~urt~house, 700 Mairx, Ken~~ille). Amt. Pd $~~_ Received b~//~~~~6,C~,-'t-~ ~ ~ `-'~ Date 3) Submit one (1) copy ofihe Plat to OSSF. OSSF is located irz the loiter level of the Courthouse, 7U0 h%Laiuo Phone # 896-9020 [ ] Permit application and support data for On-Site Sewage Facilities Amt. Pd $ Received By: Date (I ®f 2) ICen County Subdivision Rulcs S Re,~ulaumrs AppcnJix -Page I G 01-02-2907 09:1 Tam From-EOG RESOURCES +361 902 2914 T-971 P.002/002 F-289 7anuary 1, 2007 Voelkel Engineering ~@ Surveying 212 Clay Street Kerrville, Texas 78028 Attn: Mr_ Don W. Voelkel Re: Replat afLots 124B & 13IA Falling Water Subdivision Kerr Caunty, Texas Dear Mr. Voelkel: My wife & I own lots 124B ~ 131A that are adjacent to each other in Falling Water Subdivision. We purchased the lots oa November 23, 2005 from Toe C. Lee, and wife, Kathy L_ Lee_ We paid cash for the two lots at closing using money from our savings account. We ocvn the lots free of any liens or mortgages. Please advise if aay additional information is needed. V~ Yours, Brad Charles Blackwood Brend~ a Culp SI ood 514 Monette Drive Corpus Christi, TX 78412 (361) 887-2680 office (361) 99114740 home (361) 902-2814 fax brad blackwoodQeogresources.com Page 1 Miguel Arreola From: Ren Berra [RBERRA@tceq.state.tx.us] Sent: Monday, January 08, 2007 7 51 AM To: envmanager@co.kerrtx.us Subject: Replat Agenda Item -Kerr County Miguel I wish to reaffirm staffs support of your proper and correct decision for the request of planning materials, pursuant to 30 TAC 285.4(c), for an existing subdivision replat agenda item, scheduled for hearing on January 8, 2007, before the Kerr County Commissioners Court. Based on discussions with both your office and that of Mr. Don Vogel, P.E., Vogel Engineering, as presenter of replat, concerning the details of the subject agenda item, I offer the following points which led to this decision: 1. The replat, which makes one single large tract from two separate small tracts (outer boundary not altered), was deemed to be a significant enough alteration of the original approved subdivision plat and development plan, that it required public notice, possible public input and a Commissioners Court decision. This decision, (speculation by staff), for placing it before the Commissioners Court, could/or should have come from County Engineer, Surveyor, or Attorney. 2. Simply stated, a subdivision plat (even a replat) necessitating Commissioners Court approval, triggers a 285.4(c) request and review. Staff is very disappointed in and concerned with the Commissioners decision not to seek a proper and rule mandated-. 3. As the Designated Representative of Kerr County, it is both your duty and responsibility, cited in 285.62(4), to conduct subdivision reviews for their compliance with TCEQ OSSF Rules. 4. It is staffs understanding that the subject replat tract is within a mature subdivision. If this is in fact correct, all the more importance for a local Designated Representative's review. A mature development offers real and significant changes which were not present when the subdivision was initially approved. An example of only a few of these would be: an obvious increase in impervious ground cover caused by home and road improvements would greatly alter drainage patterns, topography changes resulting from development construction, and more importantly, an increase of restrictive OSSF separation areas, i.e. private Ovate wells, water lines, bodies of water, right-of-ways, and various permanent easements. 5. It is my understanding that Commissioners wish to make this type of replat easier, cheaper and less restrictive for its constituants, in order to encourage development. Staff diffently does not wish to discourage prudent development. However, it is staffs and your office's obligation and duty to protect the health and safety of the existing residents of this subdivision, as well as, the owner/and or future resident of this replotted tract. 6. It was mentioned numerous times during conversations as to the concern of the "cost" of the requested planning materials. I1 you will note, (and it was pointed out to Mr. Vogel as well), the requested items listed within 285.4(c) are the same planning materials required, pursuant to 285.30, for a normal permit application. Staff is very puzzled with this argument, "spend now or spend later", the cost for the required items is the same. There is no "cost" savings. Planning material "cost" should never be a concidered factor in disregarding minimum standards for required planning materials which were established for the protection of the health and well being of Texas citizens. 7. To eliminate the possible concerns of any interested party to this matter, staffs examination of past compliance reviews of Kei County's OSSF program shows no evidence of inconsistent enforcement or interpretation of rules or responsibilities regarding this type of issue. If you have futher questions regarding this matter, please advise Sincerely, Ren Berra Texas Commission on Environmental Quality 1 /8/2007 GRANTED UNiO CENTRAL TIXAS ELECTRIC COOPERATIVE, INC. AND HILL COUNTRY TELEPHONE COOPERATVE, INC It is untlerstootl and agreed that perpetual easamanla are dedicated for the installation and maintenance of utiliFwa and all necessary appurtenances thereto, whether installed in the air, upon the surface or under- grountl, along antl within ten feet (10') of the rear, front and side lines of all lots and/or tracts antl in the streets, alleys, boulevorda, lanes, antl roods of this subdivision. Nothing shall De placed or permitted to remain within the easement areas which may damage or interfere with the installation antl maintenance of utilities. The easement arse of each lot and all improvements within it shall be maintained by the owner of the lot, eMeept for those facilities for which an authority or utility company i9 responsible. UliYdy com- paniea or their employees shall hwe all of Ne rights and Denafite necessary or convenient for the full en- joyment of the rights herein granted, including but not limited to the free right of ingress to and egress from the right-of-way and easement, and the right from time to time to cut all tress, undergrowth and other obstructions that may injure, endanger or interfere with the operation of said utility facilities. The easement rights herein reserved include the privilege of anchoring any support cables or other devices out- side sold easement when deemed necessary by the utility to support egwpment within said easement and the right to install wires and/or cables over some portions of said lots antl/or tracts not within said ease- ment so long as such items do not prevent the construction of buildings on any of the lots and/or tracts of this subdivision. KERR COUNTY NOT RESPONSIBLE FOR ROAD M[ The Owner, by (dins this Plat of R.eaord, sad all tnture owners of property within this 9 ins euoh property, aclmowledge end asru that Kerr County shall have no oDHSattone t aettpt maintenance of the road shown in this suDdivlaion mtll and unless the Owner a Homeowaere deaodation has improved the roadwaty to rho then current etendarde requh the road hu been accepted for maintenance by formal, written action of the Kerr Coun and the roadway hu been dedicated by the owners thereof, and accepted by the county Owner and all tutnre owners of property within this Subdivietoa shall look sole)y to the Pi deeocietion [or fntnra maintrnance and repair o[ the road shown oa this 3ubdivielon Pl CURVE C1 (0155) A 31'79'00' (37'17'09') R = 224.91' (225.00') A = 122.93' (722.88') T =63.04' (63.00') L.C. = N59'15'33'W 127.40' (N59'16'07"W 121.34') A = R A T LC. LOT N0. 1254 VOLUME 7 PAGE 226, PLAT RECORDS GENERAL NOTES: THIS PROPERTY IS LOCATED IN COMFORT SCHOOL DISTRICT. CENTRAL TE7VS ELECTRIC CO-OP AND HILL COUNTRY TELEPHONE CO-OP JURISDICTIONS. THE ROAD PLATTED HEREON IS FlFTY (50) Ff. IN WIDTH AND IS TO REMAIN PRNATE AND MAINTAINED Bl' A HOMEOWNERS ASSOCMTION AND NOT MNNTAINfD BY KERR CWNTY. THIS PROPERLY IS LOCATED IN ZONE "%" AS SHOWN ON FlDOD INSURANCE RATE MAP NO. 4828500200 E, DATED JULY 19, 2000 AS PLATTED VOLUME 7 PAGE 52, PLAT RECORDS VOLUME 6 PAGES 393-396, PLAT RECORDS VOLUME 6 PAGES 300-306, PLAT RECORDS 0 100 200 ~ 100 800 GRAPHIC SCALE, FEET SCALE: 1" = 200' FOUND Ii" etd7 STAKE SET Lf" IRON STAKE RECORD CALLS SHOWN IN PARENTHESES ANCE Nj p,I13`~E~ y r~°"~ ONSIBLE ~~ ~w~`P~+s°p.g'r"'`o W°~~'"tt.~a s t .t~~7 v of VT0 no oPU6~ _~a,,,~.dj ~~ CoantTCo~, VN 1 1 NO Bac°1Ta~~t~h~ x ~~ ~'n~ay,°°~~y~t°rc~"io : ~ °~meoRa°"' `ts~,n~,RR Cp tt~u ptet of and ,1R°a tPte „4di~ ~a tPOn and n at b °~ ~~"+~'snt .t°= ;tya pwn~YT~°i•°'o~~Lt~auFTa°P°°dt ~ ceoTm°l~~a~t ~d~~ i ~ soteU~~t~dan Y1-4 "a° eamoT° RCa°R~dadia*t°~° .°tY~ ~ 'bl' Se ~"d a''w'~ on pa road ~dwe3 1~ ai ~ ~d [e4*u °t ~` and ~~d dt ~~ >a~"tnun~ station tar 54) GuR~ ~,,(;;;;•G9h ,s 224.9 A R 31' 19 9S t 22'88 ) p = 16 ~} (63.00121 40' t E N59'1533~ 121.SR) uG• `(~1s'ot"w I ~ 400 1~ 200 o F~ GRp,PMC "'~_ 200' SCAL~~ i„ K~tt~ CUR4E G2 (C42~3'40'~ A < 422232 (175.W~) R s 175.06', 129,49•) 129.46 ( T e 87.68' 'A7"'M 126.55 L.G. "(N554251~ 126.55) LOt N0 Z62 PIAT RfCOR05 ~~~ 7 PAGE for ~ tro ~ pt0. 1818 gD1 pGRES VICINIT,~-.lt~ ~~~~- ~•• -_ 2000 •-' onion apEe~~d ereb9 cerhi~thln °~evi~ea ~; eh~ to~~e incinae>~ ea 8~~ment eegetention Order• ~~ te6o~~ood Dam°~ 2007- ~~ noun 9 daY of ~----"~' Dated ~e ~~~ ~ certitY th&t ,~pp peBn~W ~ L t b6reh9 ~ the eubdivt 2007. Dada this ..---~ ' t3Qe enm om geyre8 t pet (;otmtY un ~ eub~ ~ Des~at~ tyat ~Bl,,yjtea ~ p 8tu~8E"~Pe ° ereb7 °B~iritll ~Q ~°'tnh n m~ tls ~1-eo ~19d°`.~~j~,e~ ~•f.sy ~ ~~nanh°n~~ r,. Y~ ~ il'Wi.-~ 1n~ ryyYnS~f~T4 ep~ynCti~a..et vice ode ~ _ w..:.. ® stz >4 ~trtNESEs ~~~ P 9EG0R0 ~'S THIS PROPERTY IS LOCATED IN COMFORT SCHOOL DISTRICT, CENTRAL TEAS EIFCTRIC CO-~ AND HILL COUNTRY TELEPHONE CO-OP JURISDICTIONS. THE ROAD PLATTED HEREON IS FIFTY (50) FT. IN WIDTH AND IS TO REMAIN PRIVATE AND MAINTAINED BY A HOMEOWNERS ASSOCIATION AND NOT MAINTAINED BY KERB COUNTY. THIS PROPERTY IS LOCATED IN ZONE "7(" AS SHOWN ON FLOOD INSURANCE RATE MAP N0. 48285C0200 E, DOTED JULY 19, 2000 "ALL LOTS HAVE A 10' SE78ACK ON ALL ABUTMENTS TO ROADWAYS" REF.: VOLUME 6 PAGE 300, PUT RE~ROS THESE L0T5 ARE SUBJECT TO THE RESTRIC710NS FOR FALLING WATER OF RECORD IN VOLUME 883 AT PAGE 807, AND AS AMENDED IN VOUIME 887 AT PAGE 521 AND IN VOLUME 929 AT PAGE 557, KERR COUNTY REAL PROPERLY RECORDS FRONT BUILDING SET-BACK = 50 FT PRKM 70 CONSTRUCTION ON ANY LOT, THE OWNER OF SAH) LOT SHALL CONTACT KERR COUNTY OSSF DESIGNATED REPRESENTATIVE. ALL LOTS IN THE SUBDMSION ARE REQUIRED TO COMPLY WITH ALL CURREM AND FUTURE OSSF RECUATgNS ADOPTED BY KERR COUNTY. INDMDUAL OSSF SYSTEM SELECTION MUST BE MADE IN CONJUNCTION WRH THE SITE EVALUATION' WRH R6PECT TO THE INDIVIDUAL SITE PERMITTING PROCESS, IN ACCORDANCE WRH THE 30 TAC CHAPTER 285 OSSF RULES. This Revision of Plat for Falling hater has Deen submitted to aad considered by the Commissioner e Court of Kerr County, Texas end is hereby approved by such Court. Dated Chia day of 2007. a n ey County Judge APPROVED by the Commissioner's Court of Kerr County, Tezae on the day of , 2007 by Order No. of said Court and was FB.ED For record on the _ day of , 2007, at _ o'clock _.M. and wes RECORDED on the _ day of 2007 at _ o'clock _.M. in Volume 7 at Page of the Plat Records of Kerr County, Texas. anne Taper, err County er F31ac4wootl Replai.LOts1246&131A Pollini AS PLATTED VOLUME 7 PAGE 52, PLAT RECORDS VOLUME 6 PAGES 393-396, PLAT RECORDS VOLUME fi PAGES 300-306, PLAT RECORDS I hereby certify that this plat is on accurate representation of the property shown and described hereon as determined by a survey made on the ground under my direction and supervision, and that all property corners are marked as shown. (Seoring basis =True north based on GPS observations) Date surveyed: Morch 14, 2000 Doted this ___ day of December, 2006 Don W. Voelkel Registered Professional Land Surveyor No. 3990 ....... _ ti,,., ~, FOUND ~" aW! STAKE ~c'b~` ® SET )(' IRON SGKE RECORD CALLB SHOWN IN PARENTHESES N~7{85' ,k, 03 1~4j IeZ gB. ~3'~) REVISION STATB OF TEXAS 4 COUNTY OF KERB $ STATE OF TEXAS 0 COUNTY OF KERB 4 Know All Men By These Presents: BKFORE MK, the under That we are the owners of the land shown and day personally appear platted hereon for subdivision sad hereby lmown to me to be t adopt this plat of subdivision and dedicate subscribed to the [o all eeaementa for purposes noted. acknowledged to me same for the purposes expressed, and in th1 ra ea a o GIVBN under my han Dated Chia da ran p c o0 STATE OF TEXAS 8 otary u c or L COUNTY OF KERR $ BEFORE ifE, the undersigned authority, on this day personally appeared Brad Charles Blaclnrood, known to me to be the person whose name is subscribed to the foregoing instrument, aad acknowledged to me that he executed the same for the purposes and consideration therein eapreaeed, and in the capecfty therein stated. GIVEN under my hand aad seal of office and Dated this _ day of 2008. otnry u c or a to of axes v 5611 Fa~.%stio~ ~ gr PN2EKIHE'S£S RECORD CND=' SHO'aN OP ' 'fig a StA~T,~$~.y iCBRF' t:Qu~~`~ Gg '~yEae PT88Ent8: snd ~oL R ~en~ Twoeg ~a ~o'n pd dicato '~ Ptdthta et for;Panurposes noted. ~ easemEn~ e ao ~~ a mtoaoR ,,n,;rwa rectioD .s arc ~~~ otions) a ° P a~rsroN pUN't"t OH ~ R ~ BSFOSB ~g ~ syPe1 "' onat Odom gEpraa- nnt,T z° ~a~nate~ CO pint Iks ~~ylati°n 3 i heteb9 ~°~erpt~4t9~~~ e~ ~ytTae-~O°~~iiith to ~~'ot T~°~ pg~~~~ Evalna ~yy, in ceaP6Ct W afth t~ ~ ~ C6' ~~ e+;c"•_ day at _-~"'--~~"', Dated thla ~ _,~-~t Boo --'' ~p~Count'~ p~OggF ynyo+m ~ d W the °ae 6that~ensk 8 _ S1'ATg 0 OB ~~ $ authoittY' oy*ood. 6 xs~allT ~We P ~~ gtru~ro ~a We k~no'p° bad to too me mac ~idecai+on ~~~. ackp °t~he PuT4 ~e caYacity therein and ~•dandm hid and gem ag ofCice200o. G[~ da9 of _ s""'_. gated the -"`~ gg0 ~pE j•j n Y.~. l ~ ti ~~OCL;....~.. 4: aco ;,t~~ts s~ C o Etas n E of e rs ed ~to and '-°. tharem o~ andp in the caPacxtP hid and neat of °m~ 2006 Dated this 131A OF ate= 1248 & N0. o r9 n o of e , 9a ° p~T REVISION FOR' 5~~ A~~"'~cR ORE OR FAs o ASR ~t~ 5U Ey No TEXAS ~~~RO ~ N~ ~~O,ON Y~RR COI3~TY, ' 007 ABSTRACT 3 p,NU AR stncKwpoD ER: BRAD ~ B~EDDR~TEXAS 78412 pWNERfDE~ELDP 514 MONCNRiSTI, CpRpUS „a 8Y O ~~~~ ~. Q s ~~1N` ~~ 7-J31S ycc lE%h* T8~• ,~. aalpE aved esPTesa GNffi, °ndar IDY daY of ~--''~~-