Travis County Commissioners Court
September 21, 2004
Item 1
Number one is a public hearing regarding a plat for recording in precinct
3, resubdivision of a portion of lot 11, pale face homesteads, revised plat
5, lots 30.05-acres, sewage service to be provided by on site septic facilities,
outside all extra territorial jurisdictions. All in favor? That passes by
unanimous vote.
>> when this item was initially platted in 1990 it was 35.5
acres and they resubdivided and provided five acres to the new cemetery and
the new owners have today 30-acres which they're hoping to subdivide into
five acre lots, approximately. A little over. The homeowner has since written
a homeowner association, the current land owners, I’m sorry, written the homeowner
association as well as the architectural committee. They have not received
any information from them, all their letters have been returned. It's been
over 30 days, as far as we're concerned, it appears they have a defunct homeowner
association as well as architectural committee, however, they have met all
the -- in terms of the deeds and restrictions, they've met all the covenants
and deeds andry restriction requirements, so we have no issues with this,
so just approval.
>> the homeowner association and requirement in acc approve
the plan, is it legal's opinion that if in fact the homeowner's association
is defunct and you cannot locate the architectural control committee it's
okay for the Commissioner's court to proceed?
>> yes, architectural control committee or homeowner association
or whoever to approve this is completely independent of whether y'all approve
it. The only thing in the deed restrictions relevant to y'all's approval,
I think, is the lot size requirement, they meet that, so by your approving
it, I don't see any way you can be setting up any sort of conflict with the
deed restrictions. Now, there's a whole lot in the deed restrictions about
what kind of roofing material they use and how big the garage is, and if the
architectural control committee or the homeowner association went away on
those issue, that's fine, but all you're doing is basically saying you are
allowing to create five lots of over five acres each and that complies with
the deed restrictions.
>> would anybody like to give testimony during this public
hearing?
>> second.
>> all in favor, that passes by the unanimous vote. This
will be action item 27 on today's agenda.
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Last Modified: Thursday, October 27, 2005 10:24 AM