Historical Cover Letter for Neighborhood Petitions Sent to Scott Lambert

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Historical Cover Letter for Neighborhood Petitions Sent to Scott Lambert

Historical cover letter for neighborhood petitions sent to Scott Lambert

August 10, 2010

Scott Lambert, P.E. Traffic Section, Road and Bridge Division Travis County, Austin Texas 78767 Dear Mr. Lambert

Attached are signatures of 31 residents of the 56 households in plat W-2A that has never been accepted into the Travis County road system because the developer never completed the paperwork some 20 years ago.

All of the residents that I found at home signed the petition so there is no doubt that the residents feel that this change is well past due.

I thank you for directing me through this process and I look forward to bringing it to a successful and just conclusion.

Robert J. Bauhs, Director Wells Branch MUD Board Historical E-mail, Travis County Engineer, Scott Lambert, to developer.

Hello Bob,

Here's some correspondence where I tried to get the developer to help resolve the final acceptance issue.

Thank you, Scott Lambert, P.E., Pavement Management Engineer Traffic Section, Road and Bridge Division, Transportation & Natural Resources Travis County, Texas Office (512) 854-7651

------Forwarded message ------From: "Scott Lambert" To: Date: Mon, 08 Sep 2008 17:03:47 -0500 Subject: WELL BRANCH PHASE W-2A, Emmett Pkwy, Quiet Pond Ct, Rick Whinery Drive Please note the Hallmark Residential Group platted a subdivision named WELLS BRANCH PHASE W- 2A, listed in the City of Austin Subdivision Files as C8-84-134.02. However the Hallmark Residential Group never followed through on the process to get this subdivision accepted for Travis County maintenance.

Last week, I received a call from a lady who wanted her sunken sidewalk fixed. I tried to explain that the subdivision was never accepted for maintenance and therefore our crews cannot do maintenance on the roads and sidewalks of Emmett Pkwy, Quiet Pond Ct, Rick Whinery Drive. She was not pleased with this explanation and said she will give me 2 weeks before she calls the news agencies.

Our last inspection on 12-7-1998, listed minor acceptance needs of repairing of HMAC cracks with sealant. However we apparently never heard from the developer about what was still pending to get the subdivision accepted, so this list was never acted upon. Thus the un-accepted subdivision has sat out there for many years without preventive maintenance. Due to the continued deterioration, a new inspection will need to be done in order to determine what is needed for getting it finally accepted.

Since I read in a March 3, 1998 article, where Kaufman & Broud agreed to buy the Hallmark Residential Group Inc for about $50 million, I must assume your corporation also inherited the un-finished details left over by the Hallmark Residential Group.

Can you work with us to get this subdivision phase off the list of un-accepted subdivisions?

Thank you, Scott Lambert, P.E., Pavement Management Engineer Road and Bridge Division, Transportation & Natural Resources Travis County, Texas Note: underlining’s on all e-mails are mine, Bob Bauhs Historical punch list of streets needing HMAC Cracks repaired.

Historical e-mail – Developer’s response to County engineer, Scott Lambert,

From: "Zinsmeyer, John" To: "Scott Lambert" Date: Tue, 16 Sep 2008 09:26:50 -0500 Subject: RE: Wells branch phase w-2a Scott,

What we have discovered to date is related to the attached City of Austin subdivision agreement and final acceptance neither of which mentions Travis County. The COA's "Release of Subdivision Construction Agreement" was executed December 2, 1994 thereby releasing Hallmark from further obligation, understanding this is COA document.

About 4 years later on or about November 24, 1998 Hallmark Residential Group, Inc. conveyed by special warranty deed all land owned in Travis County to Kaufman and Broad Development of Texas, L.P. We have no record that any of the land conveyed to Kaufman and Broad at that time included any land within Wells Branch Phase W-2a.

Considering this it seems unclear at best as to how KB would be obligated to obtain Travis County acceptance. That being said, and without obligation, I would be interested is seeing what exactly would be involved in getting closure to this matter. If it is a simple and inexpensive matter I may be able to get it approved as goodwill but I would hope the County would also accept some responsibility considering the untimely nature of the issue and the fact that the County has certainly been collecting property taxes from these property owners for well over a decade.

Let me know what you think needs to be done and I will see what I can do.

John Zinsmeyer Vice President of Land

KB Home - Austin Division 11911 Burnet Road Austin, Texas 78758

Underlining for emphasis on this document is mine, Bob Bauhs

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