Travis County Commissioners Court
October 11, 2005
Item 31
31 is to consider and take appropriate action on appeal of the denial of Travis County basic development permit application 05-2376.
>> you have a letter that I handed out, a one page letter, draft letter that I have prepared for your review. To janet and kevin bell.
>>
>> [one moment, please, for change in captioners]
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>> have this particular thing sent to them, say well I hope we'll keep it on file or are you all going to keep it on file, I mean, if we have to come you to say, hey, here's what we did, when we think that this needs to go to you, get them to sign given that we have things in there like, you know, if we need to get this that right-of-way, we need to yada yada, do this and that, it's at least acknowledgment that they did receive this and say okay, I get it.
>> we can certainly send it certified mail. But I think the larger question perhaps is that this could be filed in the record. The -- of the county clerk for any subsequent owner of the house. Which may become an issue. If we come in 10 years from now and do work and the bells are no longer the owner of that house, that may be the -- the larger issue of continuation of this notice.
>> can we file something?
>> I don't think you need to do that. They are on notice because the right-of-way is shown on the plat which is in the county records. They are on notice where the right-of-way is. I’m just looking for some sort of verification, if we have to go to them, they knowledge the fact that we accomplish what we did which is okay we're not going to make you tear it down but in the event that we have to come and get it into that right-of-way for whatever, you all are acknowledging the fact that you got this. I mean to me it's just a simple --
>> we could send it certified and that would acknowledge receipt, at least we know they got the letter.
>> oh, yeah that will prove we sent it. If you want them to give us something back, you know, their signature, we acknowledge this, well, I don't know whether they are willing to do that or not.
>> I can't imagine that they wouldn't be. I just want there to be some sort of a record we got this to them, they read it, said okay we get it. Now I would think that we also have the ability somehow to get this in some sort of deed -- deed language or something that says, hey, if you go and buy this place, I mean, along with the purchase of this, there is this -- this team that can happen to you. Certainly we can -- I mean to the title companies --
>> then you are talking about an affidavit that we would file in the deed records that says it would essentially be an affidavit from somebody at the county, most likely joe geez geez, that says -- joe gieselman that says the county has identified an encroachment in the right-of-way associated with this property. Once that goes in the deed record that anybody that buys the property will be on notice that the retaining wall it in the right-of-way.
>> I think that's the smart thing for us to do. You are right most likely those people aren't going to live there from now on. And people need to understand that. I don't want the thing back -- at whatever court, 10 or 12 years down the road, somebody decided well, I mean, why didn't somebody -- you know, let somebody know about this thing. I don't think that that's asking too much. I don't think that the bells are going to -- going to, you know, mind that. So however -- I don't mind asking them. If we are going to do this, do you have a problem with it. At this stage I don't think they are. What they really want is to be able to finish the wall and leave the wall in place.
>> I think they ought to knowledge receiving the letter reading it and understanding it, even if they don't agree with it. Then you would want to put a signature line for them to sign at the bottom. That says please acknowledge that you have read this letter by signing the line. And they may refuse to sign it. I don't think that's going to be an issue of them. They do recognize -- they do recognize that something has been built in the right-of-way, it's gotten their attention, at this date they just want to be able to -- you know, have the wall and finish it. I could be wrong but I do think that we need to have a signature line on it and -- and do it that way.
>> if they want to acknowledge receipt of this letter, then we have a bigger problem than something constructed in the right-of-way.
>> judge, let me have a week to bring -- I will bring it back, discuss that with them, tell them that we are going to want a signature on it. Get it back next week. It's not like --
>> the signature.
>> I will -- I will -- give me another week, I will work on getting the signature. I will talk to them today.
>> okay.
>> joe, what's the record for the number of times we've had this one item on the agenda? [laughter]
>> I think that would be a landfill item.
>> I don't think -- [indiscernible]
>> we will have it back on next week. That's your with a way of saying we are not approaching that record yet, huh? All right.
The Closed Caption log for this Commissioners Court agenda item is provided by Travis County Internet Services. Since this file is derived from the Closed Captions created during live cablecasts, there are occasional spelling and grammatical errors. This Closed Caption log is not an official record the Commissioners Court Meeting and cannot be relied on for official purposes. For official records please contact the County Clerk at (512) 854-4722.
Last Modified:
Wednesday, October 11, 2005 4:42 PM