Dan B. Robison, post: 393707, member: 34 wrote: Mr. Harwell,
I encourage you to make a donation to our forum host.
DDSM
Yes indeed, this advice is worth a considerable amount of money!
You've had your dance. All that's left is the fiddler's invoice.
After spending Thousands in Surveying fees this Student has learned several things, no difinite answer and depending on ones location you are at the mercy of your Govermental agencies..
Michael harwell, post: 393787, member: 11340 wrote: After spending Thousands in Surveying fees this Student has learned several things, no difinite answer and depending on ones location you are at the mercy of your Govermental agencies..
I'm mildly interested in knowing at what point you decided that it was necessary to resurrect the 3.8-acre tract as a grandfather legal lot instead of just subdividing the 10.04 acres into two 5.02 acre lots that should comply with the subdivision regulations for Comal County perfectly well.
It puzzles me because even if you get grandfather legal status for the 3.8 acres, you're left with a remainder of the 10.04 acres that can't be resubdivided further, right?
There are many options to contribute something close to say $10,000 (just me thinking out loud) or whatever your conscience directs. See the links in my signature line below.
The initial Survey of 10 acres did not meet the sub-division rules,a letter was sent out to the previous owner and the Surveyor to make the correction. The correction was made..According to the County it did not meet the criteria to sub divide would have to be brought before commissioners
court ...
Michael harwell, post: 393819, member: 11340 wrote: The initial Survey of 10 acres did not meet the sub-division rules,a letter was sent out to the previous owner and the Surveyor to make the correction. The correction was made..According to the County it did not meet the criteria to sub divide would have to be brought before commissioners
court ...
Yes, you'd have to have a surveyor prepare a subdivision plat for approval by Commissioners Court prior to recordation, but as I read the Comal County Subdivision Regulations, a 5.01 acre lot size should be adequate unless there is some other issue I'm unaware of. This assumes, of course, that water will be available by some means.
Kent McMillan, post: 393823, member: 3 wrote: Yes, you'd have to have a surveyor prepare a subdivision plat for approval by Commissioners Court prior to recordation, but as I read the Comal County Subdivision Regulations, a 5.01 acre lot size should be adequate unless there is some other issue I'm unaware of. This assumes, of course, that water will be available by some means.
I really hate it when people use the term Due Diligence. It is so corny, just another catch phrase.
Peter Ehlert, post: 393827, member: 60 wrote: I really hate it when people use the term Due Diligence. It is so corny, just another catch phrase.
In that area, I suspect that water is the main issue. The property is in the Edwards Aquifer Contributing Zone and the Texas Administrative Code has some applicable provisions:
The landowner evidently lives in the Houston area where there is likely very little regulation of much of anything other than collecting tolls on toll roads.
Peter Ehlert, post: 393827, member: 60 wrote: I really hate it when people use the term Due Diligence. It is so corny, just another catch phrase.
[SARCASM]Weren't you supposed to use the sarcasm font[/SARCASM]? I mistook you for being serious there for a minute. Hmmm.... sarcasm font doesn't seem to work today.
A free education in surveying and land development can get rather expensive.
Andy Nold, post: 393839, member: 7 wrote: [SARCASM]Weren't you supposed to use the sarcasm font[/SARCASM]? I mistook you for being serious there for a minute. Hmmm.... sarcasm font doesn't seem to work today.
A free education in surveying and land development can get rather expensive.
need better filters on my Thought to Text app
The W
Kent McMillan, post: 393823, member: 3 wrote: Yes, you'd have to have a surveyor prepare a subdivision plat for approval by Commissioners Court prior to recordation, but as I read the Comal County Subdivision Regulations, a 5.01 acre lot size should be adequate unless there is some other issue I'm unaware of. This assumes, of course, that water will be available by some means.
The Water matter has not came up? I do have 2 Wells on the tract but would show to be on the lower end or one tract..
I have contacted CLW and they would have to bore under the Road to get to the Northside..I did agree to give up easement for Water.
When there is no obvious intent to establish a (gap) would that terminate the gap from the parent tract?
Also,when they are several tracts all being called at one joiner point,would that take presidence over any bearings or distances?
Remember,I am representing myself as a understudy but noticed a lot of conflicting or varying opinions, also realizing there are different applications from State to State.,
Michael harwell, post: 393937, member: 11340 wrote: Remember,I am representing myself as a understudy but noticed a lot of conflicting or varying opinions, also realizing there are different applications from State to State.,
Well, this land is in Texas, so the law of Texas controls. That much is simple.
This just isn't a difficult problem and I'm still wondering why you haven't decided to subdivide the tract into two 5+ acre tracts. The development of the corner lot depends upon the proposed use, upon water being available, and the ability to construct an on-site sewage facility. In other words, it would be dumb to prove that the 3.8 acres is a grandfather legal lot if you aren't actually able to develop it for the use you have in mind, which I assume is some commercial use.
Just taking a quick look at the Canyon Lake Water Service Company's service area map, it appears that you are outside of it. The map shows the boundary of the service area running along the South side of R.M. Highway 32, whereas your land is on the North side of the highway. Are you making some application to be annexed into the service area or are they willing to provide service under some special arrangement to customers who are not entitled to it?
Is it just me that thinks there is a small language barrier here?
Also, as an aside to Mr. Harwell, you're getting a lot of good information from one of the most meticulous surveyors in Texas. Considering that he hasn't yet invoiced you for it, I'd be appreciative. He has given me sage advice many times over.
Kent, I don't think he owns the full 10 acres anymore. Apparently the remainder belongs to another owner who won't respond to the OP to resolve the gap. That's the way I read it.
Andy Nold, post: 393952, member: 7 wrote: Is it just me that thinks there is a small language barrier here?
Also, as an aside to Mr. Harwell, you're getting a lot of good information from on of the most meticulous surveyors in Texas. Considering that he hasn't yet invoices you for it, I'd be appreciative. He has given me sage advice many times over.
Kent, I don't think he owns the full 10 acres anymore. Apparently the remainder belongs to another owner who won't respond to the OP. That's the way I read it.
If the Harwells don't own the 10+ acres anymore, the Comal County Real Property Records don't reflect that fact.
Here's an affidavit from last year linked below:
Here's the original conveyance last year into the Harwells from an entitity known as "Aura-Soma Products, Limited, a British Stock Corporation" linked below. Note that the alleged "problem" was that the tract was insufficiently large to make two tracts larger than five acres since it was described as exactly 10.00 acres in area. This is apparently the gigantic problem that the poster complains about. He's trying to find some additional land area or some other rationale for being able to resubdivide the 10 acres into two lots.
Obviously, this cannot be the fault of a prospective buyer who failed to adequately research how the county regulations might effect his plans to develop a corner lot out of the 10 acres. It must be the fault of someone else. Let's see, who could it be? Could it be the Realtor? No, clearly not. The Realtor was representing the seller's interest. It must be someone else's fault. I feel certain about this!
Kent McMillan, post: 393946, member: 3 wrote: Just taking a quick look at the Canyon Lake Water Service Company's service area map, it appears that you are outside of it. The map shows the boundary of the service area running along the South side of R.M. Highway 32, whereas your land is on the North side of the highway. Are you making some application to be annexed into the service area or are they willing to provide service under some special arrangement to customers who are not entitled to it?
I had applied for co-op Water Service and found that we are indeed outside their Service area..Canyon Lake Water will have to bore under FM 32 or run it down FM 32 a great distance.I have offered a Easement right of way in exchange for co-op Water.Their Engineers are reviewing it as this time...As far as the tract is concerned it is a 10.04 tract.The Surveyor had to go back and make a second correction because they did not include the previous owner in his first Correction..
The last response from the County Engineer said I can sub-divide into (2) 5.01 tracts barring any requirements for right of way along FM 32. These are his words..My expectation to establish this 3.8 tract in a timely manner is now at a point to where it might be best to go with the 5.01 sub-divide..With some advice, I stayed the course with the less Costly 3.8..Only,recently I have the opportunity to sub-divide..
I would provide the infrastructure and let a Developer do the rest...It is a corner lot..
Michael harwell, post: 393961, member: 11340 wrote: The last response from the County Engineer said I can sub-divide into (2) 5.01 tracts barring any requirements for right of way along FM 32.
Yes, subdividing the tract into two lots 5.01 acres and larger is a no-brainer. That way, you can configure the corner lot to maximize its value instead of just settling for the funky shape of the 3.8-acre grandfather lot.
