Travis County Commissioners Court
January 24, 2006
Item 11
Number 11, is to consider and take appropriate action on a plat for recording in precinct three: dinneen spicewood addition (shortform plat - 1 lot - 1.010 acres - sh 71 - no fiscal required - sewage service to be proivided by on-site septic - no municipal e.t.j.]
>> hi.
>> hello. Ana bolin, Travis County t.n.r. This plat came in as a result of what started out as an illegal subdivision. Steve polson originally started selling off the legal tracts sometime around January of 2005. And it came to us through -- through our county inspectors, we are issuing red tags and mr. Polson came in and submitted a subdivision plat for the hazy hills office park. We saw that original plat sometime approximately like in may of 2005. In the meantime there were a couple of people that bought into that plat that, you know, for business reasons really needed to not wait on the plat with the road that connected from 71 to hazy hills drive to get platted because along with the long form plat with the road, that takes some time and some engineering and whatnot. They needed to move now for business reasons. The first plat that we did was this scanlon edition, they were able to flag to hazy hills drive, this is the second one somewhat like this. In this case mr. Dinneen, his plat is flagging to 71. He has the txdot approval saying he can have his joint use driveway on highway 71. And in the mean time, mr. -- mr. Polson is continuing with his plat. I understand that there is some -- some -- the land that was deeded where the joint use driveway is, where the street is, I imagine that we are probably going to be hearing from the applicant and possibly mr. Polson's attorneys on that. But, you know, the whole purpose for this plat is to get some relief for some of these people that bought these tracts originally that were sold by metes and bounds so they can get moving. And not be harmed by -- by something that was sold that wasn't a legal lot, so they can get permits and get down the road.
>> ana help me walk through the permit related to highway 71. That's huge on everybody's minds whether it's on this side of the highway or dealing with other things down the road and in this vicinity. This is a very congested area over here between ro drive and hazy hills drive, I know this area pretty well. Walk me through the driveway cut in terms of there is a place over there where it kind of fans out to give kind of like an extra, I will call it a laneette so people along that area, there's like a whole bunch of businesses in there, to give them safe right turn lanes on what is a busy highway. Walk me through what's going on there in terms of whether that is -- complicating things or whether it's seen as sufficient, or are they going to be able to go into a -- into a chicken lane, left lane? I’m just trying to get a sense of the highway?
>> I believe this is the area that has the extra lane.
>> extra. I thought it was. Yeah. Okay.
>> so, you know, what -- would this have been the ideal way for this to have gone through our department? No. But we are trying to think creatively to help some of our constituents out. You know, he has what he needs from txdot, and we -- we recommend approval.
>> judge, I’m going to -- I’m going to need another week on this. I mean, this has not been on my screen, I mean, obviously probably hasn't been on a lot of people's screen because of some other subject matter that's taking a lot of our time. But I want to -- I need to understand more about what is being asked and why were it is being -- why it is being asked. I mean I’m always respectful of staff giving us recommendations, I would like to know more, you know, about it, just need to -- hopefully there's nothing here, another week is -- is not going to stop somebody from doing something that they absolutely have to do. I mean, it is -- reading it? The hazy is probably the best way to call. So anyway, but I’m willing to listen and hear what everybody has to say today.
>> we can do another week.
>> let me make sure that -- what you are recommending is that we separate the issues. And that we approve the part that seems to be --
>> we approve this plateaued. We approve -- we approve this plat today.
>> what's in this plat is a one lot plat that [indiscernible] to 71.
>> okay. We are carving out what issues.
>> we are simply approving mr. Dinneen's plat. Not mr. Polson, he is working on his plat, he resubmitted his plat, which originally came in, his plat originally came in may 25th, 2005. It was -- it was resubmitted for the second, for the first time, December 21st. So there was a big time lag and during that time some of the people that bought in those -- those tracts, those -- those metes and bounds lots, if you will, you know, you know, they had business needs, they needed permits, they wanted to get going. So you know what we are doing is trying to find a way to -- to get them to meet the spirit of -- of a lot that meets our requirements. And that's what this is.
>> so as far as we know, mr. Polson is trying to do that.
>> absolutely.
>> and we think that -- that mr. Dinneen has done it.
>> you think what?
>> has done it.
>> right.
>> I think what would also be helpful for me, again it was interesting reading in terms of trying to sort all of this out, while we are trying to carve out the dinneen addition, it would be helpful to get a sense of what's going on with the other pieces here so I can understand it in full context so that I can clearly plug back in just this. I need to see the big picture and I think this shouldn't take more than if we do it next week.
>> anybody here on this item?
>> yes, judge.
>> please come forward, if you can give us any kind of clarifying simplifying statement, we would be happy to get it.
>> aim an attorney that represents the developer of the hazy hills office park. I have a letter I’m going to reside for the county attorney here in just a moment. We recommend that you postpone approval of this plat. There is currently pending in the Travis County district court a lawsuit wherein a legal portion of the dinneen spicewood addition is in controversy. We believe it's properly owned by polson investment and not by mr. Dinneen. Until such time as that matter is resolved, we don't think that it's appropriate to approve the plat on the dinneen addition. In addition we are also recorded lis pendens on this property, which I believe is basically the roadway access to highway 71. We have been in negotiations with mr. His attorney for about the last 10 days trying to resolve this matter. I do believe we can work this out, at this time we are not at that point. In addition I would like to say that I am primarily a land use attorney. I was brought into this project two weeks ago. There are definitely some issues that need to be resolved with the hazy hill office park, but they are all workable. Particularly if we can resolve the matter with mr. Dinneen. I have reviewed the comments that came out of staff in late December. There isn't anything out of the ordinary in there that can't be resolved. We are moving forward very quickly to complete the plat of the hazy hills office park. But just to reiterate, there is a controversy as to the legal ownership of a portion of the dinneen-spicewood addition. Not all of the owners have been joined in that plat application, we recommend that you postpone until decision until all members are joined or the legal title is resolved.
>> cause number in that letter you are about to give the county attorney?
>> yes, it's gn 504389.
>> say that again. I -- I was saying repeat it, but we have it here. Thank you.
>> my name is john bitter, I represent mr. Dinneen in this -- in the cause of action against polson investments. As you are aware of, I’m sure that you guys have read the drama that's going on, that a number of property owners purchased into the hazy hills. Unsuspectingly, going in to get their building permits, they discovered that in fact there was no legal plat on the property. They couldn't get their building permits. Well, these people needed to build, they wanted to build. The property was basically unsellable at that point. In begging and pleading with mr. Polson, he deeded this roadway easement to mr. Dinneen so that specifically he could get this plat here today. We are currently involved in litigation against mr. Polson around polson investments. Part of that litigation is asking them to subdivide hazy hills. It's not if it's going to be subdivide, it's how. Mr. Dinneen and some of the other property owners that I represent want to be involved in that. The issue is not if, it's how it's going to be subdivided. Because a lot of representations were made with regard to this subdivision, how it was going to look. All of a sudden it looks like it's going to change. What we are asking the court to do, the Commissioners court to do, is to accept mr. I’s plat pending the outcome of -- mr. Dinneen plat pending the outcome of this case. Hazy hills will be resolved one way or the other in district court. They want it done, we want it done.
>> do you have a sense of what you are going to court? Tell me about --
>> it was filed in the beginning of December, I suspect it was the filing of this cause that actually got mr. Polson back on tract with trying to get his subdivision going again. We are just not responding in the beginning of January, just now getting to the discovery process.
>> you are also going to be required by local civil rules that you are going to have to go through mediation and attempt mediation before you will ever see the inside of a courtroom.
>> that's correct.
>> almost like that's where things need to head and kind of keep us out of it, we will just -- bless whatever thing comes out, although I’m not an attorney, I just play one on tv.
>> john, I just need to -- you can tell there are a number of questions here, I’m sorry I haven't been more engaged in this, but quite honestly no one has brought it to my attention.
>> I think it will be fine.
>> okay.
>> just work with my office, you know, we will meet with both sides.
>> all right. If possible, if I could request a two-week extension on that. I have business out of state the latter part of this week and I’m concerned about -- we have been having a difficult time with some of our communication, I’m concerned that we will actually be able to resolve anything in that one-week time. That's just a request.
>> may I say something? I’m the owner of the lot and requesting the plat. Extending it much beyond a week might become a hardship for me. I purchased the metal building a while ago, I’m actually paying on, waiting to deliver it. And my contract with the metal building, which I have in my bag, I have to have that delivered before the end of the month. Or I imagine that I will be charged some sort of a fee to keep it where it is. That's my only concern about extending it much beyond a week. I have my guys ready to go get this building and bring it to the lot. I didn't want to do that until we got this plat approved. But I’m -- I’m not -- I can make the call, but I’m not sure that much beyond a week, I might be hearing more charges just to leave it where it is. If I may, I would like to add a few things when you -- my intention is the land that was -- that steve polson deeded to me for the specific reason for me to get this plat, they have a flag to highway 71, I don't need that road, I don't want to be responsible for it. I -- a year and a month ago, steve polson represented that that these lots were platted to myself and to his real estate agent and his broker. They all believed these plats -- these lots were platted. It's actually written that way in the real estate contract. Lot number et cetera. As we went to try and get building permits, we weren't able to do that. Steve, after hundreds of calls and messages trying to reach him and solve this problem, and not getting return calls, I think that I have spoke to mr. Polson maybe three or four times in total since this started. I came up with an idea of how to solve this, because bob scanlon solved his problems, he had buildings as well and equipment that needed to be delivered. Was to get a flag and get access to one of the roadways. So we worked through that. I told steve this would be a great way for me to get going, I have been delayed at that point for over nine months. And he agreed to it. So we met, he deeded the road over to me, with his blessings and said anything that you can do, I can do, I will do to help you, I’m on your team, which I had heard over and over. So we proceeded to do this. I spent time and I’ve spent money trying to get this going. I am about in a situation where I am experiencing financial hardships because this is what I have been planning to do for the last year is build this building so I can rent it out. And I’m not able to do that. It's become very frustrating and -- and just -- I think that it's important to know that I don't want this road. I just want my plat, I want to build my building, I want to get my business going per the original agreement. We also agreed that this road would be paved, water available, all in the real estate done by may, there has been no word of that, we have sent him letters, that the water and no response to that at all. I just wanted to -- I don't want this road. I just want my plat and I want to get on my way. We had offered to be a party to the plat perhaps and that was talked about in the beginning, but the last I understood was they are not interested in us being a party to the plat. They just want the road back immediately. And that's -- that prevents me from getting my permit. He's proven in the past that you can't trust his word. It's been over a year and a month since he said this was going to be done. So I’m concerned that -- that my focus is to get my plat so I can get my permit. And that's what I’m focused on. Because I feel --
>>
>> [one moment please for change in captioners]
>> ...it may boil down to how integral a part of the lawsuit the plat is. And I really don't know, but I would think that we need legal advice next Tuesday before we take any action. This is a lot more complicated than I imagined, but after reading the backup, I knew it was pretty complicated. That would be my recommendation. I think we need it on the agenda next week to get legal advice. What action we take kind of depends on what the legal advice is. Now, this matter -- typically the litigation lasts a lot longer than all the parties want it to last. If you're doing discovery, court ordered mediation, you're looking at months if not years. We can't make y'all resolve this matter, but my guess is you would probably save a whole lot of money and agony if you were to do it. And to the extent that the county can facilitate it, we ought to be available, but the choice is really yours.
>> on behalf of polson investments, we would be happy and willing to participate in a meeting where staff could possibly help us resolve our issues.
>> can y'all set that up this week? And I’m happy to try to be there at that. If not, I’d certainly need a good briefing from you. So let's work on it in that vein.
>> which staff member would you like for me to contact to schedule the organization? [overlapping speakers].
>> if y'all do that --
>> and we'll be mindful of your need to do something with the metal building and your being out of town next week. And if there is a metal building resolution, I assume that resolving any part of it is better than resolving none of it.
>> just let me know.
>> thank you.
>> thank y'all for coming down.
>> thank you.
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Last Modified:
Wednesday, January 25, 2006 9:19 AM