ORDER N0.28635 HERMANN SONS BRIDGE Came to be heard this the 10th day of May 2004 with a motion made by Commissioner Nicholson, Seconded by Commissioner Williams, the Court unanimously approved by a vote of 4-0-0, to transfer $1000 from Flood Control to hire an attorney to finalize the acquisition of the right-of--way for the Hermann Sons bridge project. ~~~~~~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Jonathan Letz MEETING DATE: May 10, 2004 OFFICE: Commissioner, Pct. 3 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consider and discuss authorizing hiring an outside attorney or others to finalize the acquisition of right of way for the Hermann Sons bridge project. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Commissioner Pct. #3 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 as 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 you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. County Judge and Commissioners The appraisals for this project were completed June 23, 2003. During this entire process, including the appraisal process, I have been working with the County Attorney. On December 10, 2003 I forwarded a memo to the County Attorney that outlined the terms of the negotiated deals, with copies of correspondence, for all five of the affected property owners along with backup material. Since that time the County has closed only one parcel. This project is critical to Kerr County and the County risks TXDOT funding if the right of way is not secured ASAP. The project is in final engineering at TXDOT and due to be let for contract later this year. The County Attorney has not been able to complete this project and I feel it is imperative we finalize these acquisitions immediately. I recommend the cost to be paid out of " Professional Services" or "Flood Control". Jonathan Letz MEMORANDUM TO: David Motley, County Attorney FROM. Jonathan Letz, Commissioner Pct. #3 --- DATE: December 10, 2003 SUBJECT: Right-of--way deeds for Hermann Sons Bridge Project Please prepare the necessary documents to complete the following ROW acquisitions for the new Hermann Sons Bridge project. These individuals have agreed to the terms set forth in the attachments. The Youth Camp, Inc. (Pot of Gold) Purchase ROW for $6,500.00 including compensation to cure damages. Quitclaim old ROW not needed for new ROW back to The Youth Camp, Inc. Remove road (old road surface material) New access equal or better than current Do not re-install cattle guard James E. Roerig Purchase ROW for $2,410.00 including compensation to cure damages. Rancho Avacienda L.L.C. (Alfredo Avalos) Purchase ROW for $3,250.00 including compensation to cure damages. New access equal or better than current. Grand Lodge of the Order of the Sons of Hermann Donate ROW and $2,700.00 including compensation for damages. (see attached Letter) Quitclaim ROW portion of old ROW not needed back to Grand Lodge of the Order of the Sons of Hermann Main Identity From: "Jonathan Letz" To: "David Motley" ~ Cc: "Thea Sovil" Sent: Wednesday, December 10, 2003 7:32 AM Subject: Hermann Sons ROW David, Thea is going to forward a memo to you today concerning ROW acquisition for Hermann Sons for all parties that have agreed. I have not heard anything back from Mr. Tijerina, the last deadline I gave him was 12!4/03. Please send him a certified letter ASAP that I have forwarded this matter to you for condemnation action. Maybe your letter will get some movement. Please also begin with actual condemnation. We are getting up against a time wall with TXDOT, hence, we need to pursue condemnation ASAP. I will visit with today. Thanks, Jonathan Thea, please forward to David address and legal description information to David today. Thanks, Jonathan Nod I'~r. T,~er,Hw li9.eed /v ~. ,l,.,- a,d ~,s was ~~ A7 ~„„~