/. 1~ o9oga g~. i~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom, Jr. OFFICE: Road & Bridge MEETING DATE: September 8, 2008 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFICI: Consider, discuss, and take appropriate action concerning the Revision of Tract 70 of Clear Springs Ranch, Vol. 3, Page 116 & 117, and set Public Hearing if needed, Pct. l EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom/Darin Trahan 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 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. reg4 S~A~E QF~ x Ooun ~ ~N Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: September 2, 2008 RE: Revision of Tract 70, Clear Springs Ranch, Vol. 3, Page 116 & 117, Pct. 1 The landowner wishes to divide Tract 70 of 4.66 acres into two parcels. One parcel will be the husband's, the other the wife's. The existing home will remain on 2.66 acres, the new lot will be 2 acres and both lots will be served by Aqua Texas. The Restrictions for Clear Springs Ranch allows for the lots to be divided into tracts as small as one acre. Clear Springs Ranch is a 253.13 acre subdivision and this division would make 541ots. Therefore the average lot size for the subdivision would be 4.59 acres. Per Kerr County Subdivision Rules Table 5.00, these lots with Community Water, outside High Density Area can be a minimum of 1 acre, with a 3 acre average. Even though they meet all the platting requirements we ask if they would not fall under Section 1.03. B. A subdivision shall not be subject to the platting requirements of these rules and regulations if: B. The tract is divided into four or fewer parts and each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affinity, .... If the Court finds they do not meet the exemption, then we ask that you set a public hearing for October 14, 2008, 10:15 a.m. (October 13, Holiday?) Th trahan K.C.D.R. = Kerr County Deed Records K.C.P.R. = Kerr County Plal Records K.C.E.R. = Kerr County Easement Records K.C.R.P.R. = Kerr County Real Properly Records K.C.D.O.T. = Kerr County Deed Of Trust Records P.0.8. =Point of Beginning in Metes & Bounds (Record) =Record Bearing and/or Distance call in ezisling deed, recorded plat, etc... NOTE: The surveyed Iraq hereon is subject to the restrictions, set backs, easements and all mailers of record in: VOL. 270, PC. 312 K.C.D.R. VOL. 626, PG. 764 K.C.R.P.R. VOL. 3, PG. 116 K.C.P.R. VOL. 145, PG. 29 K.C.R.P.R. SURVEY PLAT OF TRACT SEVENTY (70) OF CLEAR SPRINGS RANCH ESTATES, ACCORDING TO THE PLAT RECORDED IN VOLUME 3, PAGE 116, PLAT RECORDS OF KERR COUNTY, TEXAS. BORROWERS: Joseph Darin Trahan and Wendy F. Trahan PROPERLY ADDRESS: 1846 Avispero Road Kerrville, Tezos 78028 BEARING BASIS: TRUE NORTH DERNED BY GPS OBSERVATIONS. SCALE.' 1" _ >00 FEET '~~T I ~ I ~- ~_ _~ \ S3 I I _~~ ~ ---- I -_--~ I I I ii I I I ' I _ ~ \ \\ ~ ~o ,~ ~ ° ~N \ ° ~?'o o va \ \.~~ ~\ ~ o ~~~ , ~~ ~~ ti ~ \~, ~~ ~ ~ ~ ~~~i ~~'~ ~~ ~ . ~~ oti ~ X21°30'21" ~~ 6~ / R=183.20' / T=34.79' _ L=68.76' U?PER SCO r LC=68.36' 60 FT lAip R W - - \ 'P~,~e \ ~~~ ~' \ ~ fnd I/2" rehar rod 14.85 Irom the • I ®esl corner of Uod 10, ° set I/2" rehar rod. 1RPL1" 69 1 y I 0 0 2~ z ~ Cr ' 81,9' M.L. I E ' S 44°18'25' W _ 7~-- _ _ 298.68' fM i/2" rehar rod ~I~ dn' Wn PRIVATE GhnnlAroV Cnc~ ~--- _AVISPERO ROAD - iN to ' N ~~w 1~ALT ~~ ,,~ 'm ' I rFnd i/2° rehar rod I I, Gary Moz Brandenburg, Registered Professional Lond Surveyor No. 5164, hereby cerlily that this plot represents a survey made on the ground under my direct supervision and direction. Thal all visible improvements, easements and utilities, discrepancies in boundaries, set-back lines, and restrictive covenants are shown and/or cited hereon. this tract does not lie within the 100-Year Flood Hotard Zone as interpreted from the FEMA F.I.R.M. No. 4826500275 E doled July 19, 2000. on the ground on- „ ~eprer~er /o f , 2005. i~IP'LL159 /15" 6~ a'26" E ~ 19~' ~ ~1~°5~a~~ / 68.1' ~•i i 2 ~c ~ro~~ ~~t`E~~G TRACT 7~'~ 4.66 A . ~.bia ~e ~~~ ~3 Gary Moz Branr~nburq,'Regislered Professional Land S eyor No. 5164 TEXAS LAND BOUNDARIES-2616 JUNCTION HWY. - KERR'lILLE, TEXAS 78028 - (830) 257-3839 FAX: Set I/T' rehar rod N O 1, Ue ~I, A rn~r ~2 ,m Fnd I/2' rehar rod' ~~ ~~G~~ O Fnd 1l2" rehar rod • Set 1/2" rehar rod 0 Fence Post Qf Utility Pole --- Property line -~ Power line W.M. -Water Meter M.L. -Meter Loop G.W. -Guy Wire © 2005, TRI-TECH SURVEYING CO., L.P. 896- 6317-email: lzlndbndOklc.com TL6271-OS GF~20051064 2005-OS-48 S.P. ~SHED~ -----~__ ---- _ _ kl I/2" rehar rod CDlRQ~9y_-__ ~--~ S 44°17'34" W 300.49' S 44'09' W ill' AOUA Texas_ 8/19/2008 Darrin Trehan 1846 Avispero Drive Kerrville Texas, 78028 S12 Rodriguez Kerrville, Texas 78028 (830}xs?-x301. (830}257-550' (fax} Re: Retail Public Water Utility Service for 1 new home on Avespero Road Darrin: You have inquired whether Aqua Texas, Inc. (Aqua) will/can provide retail public water utility service to 1 new home on Avespero Road ("the Property"). The Property is within Aqua's state-certificated service area of Convenience and Necessity (CCN) No. 11484. Since the Property is within Aqua's service area, we are prepared to provide continuous and adequate potable water service to meet the retail public water utility needs of the Property when requested, subject to compliance with the conditions precedent in Aqua's tariff in effect from time to time and all other provisions of law. Retail public water utility service is that level of potable water necessary to meet ordinary local domestic water requirements plus reasonable outside water uses under Chapter 341 of the Texas Health & Safety Code, Chapter 13 of the Texas Water Code, and TCEQ Chapters 290 and 291 Rules. Retail public water utility service does not include fire fighting water or fire flows. It will be your obligation to make formal application for service and to provide sufficient water demand information, including a development plat and water plan, for Aqua to evaluate your service needs and all existing and/or future capacity requirements needed to meet that demand. Please contact me if you have any questions. Sincerely yours, Tom Myers Field Supervisor Aqua Texas, Inc. ~~ Section I ~' GENERAL PROVISIONS & PURPOSES 1.01 Regulating the filing for record of subdivision plat and other requirements pertinent thereto for all subdivisions situated outside an incorporated town or city that has adopted Subdivision Rules and Regulations in Kerr County, Texas, and subject to the jurisdiction of the Commissioners Court of Kerr County, Texas. If any incorporated town or city should waive, by variance or other means, its jurisdiction over any subdivision or part of a subdivision. which is located within its Extra Territorial Jurisdiction these regulations shall be applicable. 1.02 Subdivision Plat as defined by Section 232.001 of the Local Government Code shall be required to be prepared 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, including right-of--ways or easement; 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, squares, parks, or other parts. A division of a tract includes a division regardless 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 of sale or other contract to convey, or by using any other method. 1.03. A subdivision shall not be subject the platting requirement of these rules and regulations if: A. The owner does not lay out a part of the tract described in Section 1.02.C. and the land is to be used primarily for agricultural use, as defined by Section 1-d, Article VIII Texas Constitution, or for farm, ranch, wildlife management, or timber production use as defined in Section 1-d-1, Article VIII. Texas Constitution. If the land ceases to be used for agricultural use or for farm, ranch, wildlife management, or ....~.... yavuuv~.v.. u~~+ ui~ auau a i . The tract is divided into four or fewer parts and each of the lots is to be sold, given, or otherwise transferred to an individual who is related to the owner within the third degree by consanguinity or affmity, as determined under Chapter 573, Government Code; and the owner does not lay out a part of the tract as described in Section 1.02.C. C. All of the lots of the subdivision are more than ten acres; and the owner oes-not lay out a part of the tract as described in Section 1.02.C. D. All of the lots are sold to veterans through the Veteran's Land Board program; and the owner does not lay out a part of the tract as described in Section 1.02.C. E. All of the tract of land to be divided belongs to the state or any state agency, board, commission or owned by the permanent school fund or any other dedicated funds of Ken County Subdivision Rules & Regs /Nov. 26,.2007 Page 5 r ,,. C Table 5.00 Summary of Subdivision Lot Size and Mazimum Number of Lots Allowed in a Subdivision Based on Water Availability and Sewage Disposal System Subdivision Type: Minimum Lot Size Mazimum Number of Lots in Water Source Subdivision Sewage Disposal System Area of Coun Individual Water Wells Greater than Total acreage in subdivision OSSF 5 acres divided by 5 Coun Wide Individual Water Wells Greater Than Total acreage in subdivision Community Sewage System 5 acres divided by 5 Co ;~e_._ ________y Community Water System Total acreage in subdivision OSSF 1 acre divided by 3 Outside Hi h Densi Develo ment Areas - - - Community Water System Total acreage in subdivision OSSF 1 acre divided by 2 Within Hi h Densi Develo ment Areas Community Water System Total acreage in subdivision Community Sewage System 1 acre divided by 3 Outside Hi h Densi Develo ment Areas Community Water System Total acreage in subdivision Community Sewage System 1/a acre divided by 2 Within High Density Development Areas This Table summarizes minimum lot size requirements and maximum number of lots allowed in a subdivision, see Section S.O1.D and Section S.O1.E. for specific requirements. The definition of "Total Acreage in a Subdivision" is the gross total acres within the subdivision boundary and includes all lots, roads, drainage structures, parks, utility and other easements, and all other acreage in the subdivision. To be considered a community water system, such community or public water system shall be licensed by TCEQ and such system shall be the source of potable drinking water for all lots in the subdivision. S.O1.F. Building Setbacks: The minimum allowed building setback from road right of way is fifty (50) feet. S.O1.G. Other developments: Developments such as Planned Unit Developments (PUD), Cluster Developments, and Condominiums are subject to these regulations. Certain provisions contained herein may not be applicable and will be reviewed on an individual or case-by-case basis by Kerr County Commissioners Court. It is noted that Kerr County Subdivision Rules & Regs /Nov. 26, 2007 Page 1 S ~~ ~-: ~° <~ -.. RESTRICTi0~1S CLEAR S~PRINI;S RA~1r#T ESTATES KERR COLI~TY, TEXAS T1fE STATf t3F TEXAS § § KNOW ALL MEN BY THESE PRESENTS: ~Ot~I;eTY Qt~ KERk t~#IERfAS, the undersigned property owners, hereinafter referred to and .~fentified as "Owners", are the owners of the tracts of land in Kerr County, Texas, said tracts of Tand coc,-~prised of the following described property: Tract I: Clear Springs Ranch Estates, a subdivision of record in Volume 3, Page 116, Plat Record's of Kerr County, Texas. Tract II: Ail that cerzair~ tract or parcel of land uprising y1.25 acres in the aggregate, lying: and bei~ag situated in the County of Kerr, State of Texas, more particularly described in and subject to the exceptions stated in Exhibit "A", attached herzto and made a part hereof far a.ll purposes. W#iEREAS, it is deemed to be to the best interests o. the undersigned Owners and of the persons who may purchase lots described in and covered by the above mentioned plat that there be established and maintained a uniform plan for the improvement and development of the lots covered as a restricted and modern subdivision; and WHEREAS, it is desirable that such restrictions apply to portions of Clear Springs Ranch Estates, be put of record and include all of the tracts of land in said subdivision That are owned by the undersigned individuals. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Owners do hereby adopt the following covenants acrd restrictions, which shall be taken and deemed as covenants to run with the lard and shall be binding on Owners and all persons acquiring title under it until January, 2001, at which time said iiT t;;i~= /~ R{fyC~OyR•iTZERS N~Ti: fl1 ~lYtC 4F-~NV{WIZf~~a7G3! ~L~aiL rf rF' '~i 1 r NKiJ11 Vf' r C7tf~ } Q~ t~+~ ~~~_7VIi11~ \1i PAS, ~~r, eA~or~ t~ ~~ ~ r, ~C. ~~~ ~~~ change the direction of flow of drainage channeis in the easements, or which may obstruct or retard the flaw of water throug.#* drainage channeis in the easements. The easement area of each lot and a}l improvements in it shall be maintained continuously by the owners of the lot, except for those i~ipravements for -~hich a public authority or utility company is responsible. 7_ Rbandor~ed Wrecked Vehicles: f~a abando~n~ed or wrecked vehic}es will be allowed an any lots. It shall be a violation of the restriction herein to park, store, or leave, or to permit the harking, storing or leaving of any .licensed or unlicensed motor vehicle of ar~y kind or parts thereof which is in a rusted, wrecked, junked, partly dism.antied, inoperative, or aband~on~ed condition, whether attended or mat upon any lot or lots covered by these restrictions for a period of tifite in excess of thirty (30} days unless such vehicle or parts thereof are completely enclosed within a building. 8. Dumping: fvo lot sha' be used ar maintained as a dumping grouted for ruL~bish. Trash, garbage, or other waste shah rot be kept except in sanitary containers. Rll incinerators or other ec}uipr~ent for the storage or disposal of such materials shah be kept in a clean and sanitary condition. 9_ Dwelling Size: The living area of the main structure, exclusive of onestory open porches and garages, shad be not less than fifteen hundred ( 15~-~-~--`-","" {.-~;.~heated area. 10. Resubdivison: No lot may be subdivided or resubdivided into less than one (Ij acre after subdivision and resubdivision. ___________ ~_ , ov ~ ng i n Ncuses: trio dwe} 1 i ng pause pr other structure shall be moved upon the pre~r,ises from outside said subdivision, except wiih the express consent of ~ majority of the lot owners, Eac'r; of=,~ner is to be allowed one vote. -4- C ,c~,~,~ ,c, w13 ~~ N~ ~ I~oL . ,~ X53. /3 •~c~~Es Tfi~/S j~/dI5i0 N Gt/011t p /I'11FKE ~~~~ //6 ! // 7 JET{ Lo1~5