ORDER NO. 30239
ACCEPT MISTY LANE IN MEGAN MANOR FOR COUNTY
MAINTENANCE
Came to be heard this the 23rd day of April, 2007, with a motion made by
Commissioner Oehler, seconded by Commissioner Letz. The Court unanimously
approved by vote of 4-0-0 to:
Accept Misty Lane in Megan Manor for County maintenance with no obligation to
be responsible for drainage easements and/or detention structures, located in
Precinct 4.
3D~' ~~
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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: Leonard Odom
MEETING DATE: April 23.2007
OFFICE: Road & Bridge
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFICI: Consider, discuss, and take appropriate acrion to accept Misty
Lane in Megan Manor for County maintenance with no obligation to be responsible for drainage
easements and/or detention structures. Pct. 4.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Leonard Odom
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 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 prepazed 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.
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Kerr County Road & Bridge
4010 San Antonio Hwy
Kemille, Texas 78028
TO: COMMISSIONERS COURT
FROM: LEONARD ODOM
DATE: April 16, 2007
RE: Acceptance Maintenance of Misty Lane in Megan Manor
Megan Manor was recorded Volume 5, Page 231, March 26, 1986, but was never built. Back in
September 2005 we were contacted by Vordenbaum Engineering as agent for a new owner about
what was needed to develop it and have the County maintain the road.
We checked with legal and were told they could build it as platted. Therefore, I have been
working with Kevin Spragin and Wayne Wells on the drainage and the road construction.
• The road and drainage has been completed.
• Signs are in place.
• We have a two year maintenance bond.
-- • All of the engineering fees have been paid.
• We have a letter stating the detention structures aze to be the responsibility of Lots 16 &
17 owners.
Therefore, we ask the Court to approve adding Misty Lane to the list of county maintained roads,
accepting no responsibility for drainage easements and/or detention structures.
Th
megan manor3
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VORDENBAUM ENGWFERING,ING.
CIVIL iTPVCT VRA{. • FNNRONMFNT~L
MEMORANDUM
To:	Truby Hardin
From:	Kevin Spragglns
Fax:	(830)896-8481
Date:	April 13, 2007
RE:	Megan Manor
	Detention Facility Maintenance
	T05039-3
PAX h~:. 7 80U ~q" G9G" F. QO!,'!'~O1
Vordenbaurn Engineoring, Inc.
507 D East Highway
Fredericksburg, 7X 78t324
Phone: (t13D) 9BY~7A4 Fax: (830) 997-~87
Korr~ile PhonQ: (8301 898-7649 Faz: (83D) 895~7A47
Please 6e advised the? the detention facility loca~etl on Lots 18 and 17 in the Megan Manor subdivision will
-- lie maintained by the owner(s) of the lots on whioh the faoility Is located. The lot owners maintenance
responsibility wdi be reoordetl to ensure maintenance obligation will peas with lot ownership.
- Western Surety Company
POWER OF ATTORNEY -CERTIFIED COPY
Bond No. 70272788
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint G_ Van Veldhuizen
its true and lawful attorney(s)-in-fact, with full power and authority hereby rnnferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: Nava Development, Ltd.
Obligee: County of Kerr
Amount: $500,000.00
and m bind the Company thereby ea fully and to the same extent ae if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming ell that the said
attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed is the
corporpte name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue Gonda, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 26
2008 ,but until ouch time shall be irrevocable and in full Force and effect.
1n Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T.
Bruflat, and its.&4rQorete seal to be affued this 26th _ day of March 2007 ,
WES // SURE Y COLMPANY
-- - G-~ ~ Y
Paul T. Brufla nior Vice President
STATE Ql" SOUTH D~IiOTA
ss
COUNTY QF \¢INNEHAHA
On this 26 th,__ day of March , in the year 2007 ,before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of s id wrporation.
•444444444444444444444444~
D. KRELL
;NOTARY PUBLICr otar Public -South Dakota
i e AL SOUTH DAKOTA SELL i Y
X44444444444444444444444
My Commission Expires November 30, 2012
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this __. 2 6th _ day of
__.. March 2007 ,
WES / SURE Y COMPANY
G..~- ~ --
Paul T. Bruflat enior Vice President
Form F530fi-9-2606
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~- Western Surety Company
MAINTENANCE BOND
Hon Number: 70271788
KNOW ALL PERSONS BY THESE PRESENTS, That we Nava Development. Ltd.
of
Fmb 371, xerrville, Tx 7soze ~ ,hereinafter
referred to as the Principal, and western surety company
as Surety, are held and firmly bound unto county of xerr __
Of .700 Main Street. Kerrville, TX 78028 ,hereinafter
referred to as the Obligee, in the sum of Twenty-Five Thousand Eighty-six and 00/loo
Dollars ($ 25, oe6 . oo ), for the payment of which we bind ourselves, our legal representatives, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a contract with the County of xerr __
_ __ _ _ dated
_____ 03/26/2007 ,for Residential Subdivision - Road Maintenance
~, WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee for the period of
__ one _ ( 1 )year(s) after approval of the final estimate on said job, by the owner, against all defects in
workmanship and materials which may become apparent during said period, and
WHEREAS, the said contract has been completed, and was approved on March 26 2007
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the
Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship which
become apparent during the period of one_ _ (_ _i __) year(s) from and after March z6. zooz_
then this obligation shall be void, otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED this 26th day of March __, 200.7_.
Nava_Development, Ltd. _
(Principal)
BY (Seal)
_ West n Surety Com~any_ _
(Surety)
,, Iry1, ^ 1/, r, 11.,~~n~u'i0n, .~ss't Sec.,
~ -~' '.. ___ (Seal)
G. Van Veld ~,izen Attorney-in-Fact
Form F4721
I
~`-' ACKNOWLEpGMENT OF 9URETY
STATE OF SOUTH DAKOTA ~ (Corporate Officer)
County ofMinnehaha ss
On this $6th day of March 2~7 ,before me, a Notary Public in
and for said County, personally appeared G.Van Velc::~uizen, ASS''t S@6
personally known to me, who being by me duly sworn, did say that he is the aforesaid ot£icer of WESTERN SURETY
COMPANY, a corporation duly organised and existing under the laws of the State of South Dakota, that the seal affixed to the
Foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on
behalf of said corporation by authority of its Board of Directors, and titrther acknowledge that the said instrument and the
execution thereoY to be the voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official Beal the day and year last above
written.
My commission expires
C.ANKE?!Y ~~m ~
~1fly Corr.m-aion Expin:3 4-10-2011
Notary Public
Form 10342-98
__ _263E
D6A VORDENSAUM ~Jta~NEERING INC. UpMORGAN CHASE BANK, N.A.
GRAYLAUR CO PaI~RATION ea~Las. TExas ~s2c~
SC7 D EAST HIGH JAYy+TREET 326' t i :3
FREDERIf.KSBU T1 ?86[A
3/14/2007
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D THE
c.,.~GR of Kerr County Road & Bridge ~"855.36
Eight Hundred Fifty-Five and 361100 .....................».....,.........,,..«..,..,,....,...,,..,.......,.....,.,.....,..,
Kerr County Road & Bridge
Leonard Odom, Jr.
4010 San Antonio Highway
Kerrvilf®, Texas 78028
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II'QO 263611' }. l 11DD06 i4r, 66 5 i66 2 78n'
IRA VORDENBAUM ENGINEERING INC. •GRAYLAUR CORPORATION 2 S 3 6
Kerr County Road & Bridge 3114/2007
Date Type Reference Original Amt. Balance Due Discount Payment
3/14/2007 Bill R€amr~URSe.. ~~,;~,rN@EfLNG des 665.86 665.86 665.86
3/14/2007 Bill ~apcp °~r(>-/JS 189.50 189.50 189.50
Check Amount 855.36
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JP Morgar
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BAL. DUEORDER # BY iiu-
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Kerr County Road & Bridge
4010 San Antonio Hwy
Kenville, Texas 78028
TO: COMMISSIONERS COURT
FROM: LEONARD ODOM
DATE: June 20, 2006
RE: Construction of Roadway (Misty Lane) and Drainage Plan for Megan Manor
Megan Manor was recorded Volume 5, Page 231, March 26, 198b, but was never built. Back in
September 2005 we were contacted by Vordenbaum Engineering as agent for a new owner about
what was needed to develop it and have the County maintain the road.
We checked with legal and were told they could build it as platted. Therefore, I have been
working with Kevin Spragin on the drainage and the road construction.
Enclosed is part of the drainage study which I will forward to Mr. Wells. Once the roadway is
completed they will ask the Court to accept it for maintenance.
__ Under 1984 Subdivision Rules 8.08A states, " Where a subdivision is traversed by a water
course, drainage way, natural channel or stream, there shall be provided an easement or ROW
conforming to the limit ofsuch water course, plus additional width to accommodate future needs
and maintenance. A note shall be affixed to each plat advising each property owner that the
County will not assume vegetation maintenance respo»sibility on drainage easements and
prohibiting them from fencing or construction improvements in these easements which will be
detrimental to its intended use. "
The owner's statement on the plat reads that he, "dedicates to Kerr County, Texas for the use of
the public forever a!t streets, alleys, parks, water courses, drains, easements, in all of the
aforesaid public places and all other public places therein shown for the purpose and
considerations therein expressed. "
The quesfions become... who has responsibility for maintenance of drainage structures and
public easements; and can the Court require the owner to establish a homeowners association, or
have thew file approved restrictions or covenants?
Th
megan manor
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Kerr County Road & Bridge
Leonard Odom, Jr. 4010 San Antonio Hwy Telephone: 830.257-2993
Administrator Ketrville, Texas 78028
FAX: 830.896-8481
Email: kcroads a c com
Truby Hardin
Assistant Administrator
February 23, 2007
Kevin Spraggins, P.E,
507 A East Highway
Fredericksburg, TX 78624
RE: Megan Manor
During the development of Megan Manor, as the Ken County representative I have inspected the
building of roads and the drainage along with our contract engineer, Wayne Wells.
Since the subdivision was platted prior to the current Kerr County Subdivision Rules it was
"grandfathered" in some aspects, but the roads were built to current regulations and should you
~.. wish to have them maintained by Kerr County Road & Bridge you will need to do the following.
1) Get a Maintenance Bond for one year for 30% of the cost of the road.
2) Kerr County will not be responsible for the detention pond and drainage structures.
Therefore we will need documentation as to who will be responsible for these structures.
3) The developer will have to pay $855.40 for cost incurred by Ken County during the
development of the subdivision (see attached).
a) Contract engineer reviews $665.90
b) Sign Cost $189.50
Once these items have been completed we will present the information to the Commissioners
Court and ask them to accept the road for Ken County Maintenance.
Sincerely,
Leonard Odon
Administrator
megan manor2
nRnINA(;F BATA
DRAINAGE	CN	AREA	I25	025	=100	0100
AREA		(acres)	(in/hr.)	cfs	(in/hr.)	cfs
PRE -	77
00	17 00	26.00	69.31	26.00	98.60
DEVELOPMENT	,					
POST -	77
50	17.00	24 98	04.22	24.89	115.24
DEVEI OPMENT	.					
OETEN LION	N/A	N/A	N/A	60.Ofi	N/A	93.23
F ACILIT f						

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