Bill King, who has announced he will be a candidate for mayor this November, will be holding a townhall meeting on February 10 at Los Cucos from 4:30-6:30. Bill has indicated that he will discuss flooding in Kingwood, along with other issues important to our community. This is the Eventbrite link if you are interested in more information – https://www.eventbrite.com/e/bill-king-for-houston-mayor-campaign-launch-los-cucos-tickets-55079090041.
Why You Should Come
Kingwood residents need to participate in City elections this year to ensure that candidates who know about the issues facing our community, especially flooding, are elected. Therefore, I will post information on all events held by candidates for mayor or council that plan events in Kingwood.
Demonstrated Commitment to Solving Flood Issues
This is the first of those posts. I must say that Bill King’s desire to understand flooding issues throughout the City, not only in Kingwood, has impressed me. Long before, he decided to run for Mayor again, King contacted me several times to discuss flooding problems in Kingwood. We also discussed how solutions here might impact downstream communities. King even spent an entire day with me last summer slogging through sand dunes in East End Park and on Marina Drive in Forest Cove to see the problems first hand.
Townhomes destroyed by Harvey on Marina Drive in Forest Cove.
He has seen firsthand what 240,000 cubic feet of water per second can do.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/10/RJR_5269-e1541018437181.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-02-08 20:30:012019-02-08 20:30:04Bill King to Discuss Kingwood Flooding Issues, High-Rise Development and More at Townhall this Sunday
According to Stephen Costello, Chief Resiliency Officer for The City of Houston, the City contracted with a company called Tetra Tech to take core samples earlier this week from and around the mouth bar on the West Fork of the San Jacinto.
Why Core Samples?
The mouth bar is a giant sand bar at the mouth of the river where it meets the lake. The size of it has concerned residents throughout the Lake Houston Area since Harvey. It has the potential to back water up on both sides of the river and worsen flooding.
Some background. The Army Corps initially excluded the mouth bar from its current dredging program on the west fork. Their reason: a small part of the bar existed before Harvey. FEMA, which is funding the dredging, by law cannot spend money on remediation for things that existed before the disaster in question.
It took months for the City, FEMA and the Army Corps to agree on a way to estimate the volume of sand deposited by Harvey. The answer says Costello: something called the Stockton protocol that he says was developed after Superstorm Sandy at Stockton University in New Jersey.
Analysis Due by End of February
The core samples will be key to estimating pre- and post-Harvey volumes. Costello says engineers will look at density and color of sand grains to help estimate where sediment from one storm stops and another starts.
Costello hopes engineers will complete their analysis by the end of February. In the meantime two other efforts are proceeding simultaneously.
Search for Suitable Disposal Site Continues
The Corps will evaluate one property for suitability as above-ground storage. Separately, others are also out looking at sub-surface storage sites (i.e., old sand pits). Several have been located. The cost and safety of above ground and below ground storage will be weighed against the possibility of hauling material off by truck. Distance between the dredge and disposal sites also affects pumping costs.
All this will take time, especially if a full-blown environmental study is necessary for the above-ground option. Costello says the Corps has told him that could take four months to two years.
Evaluating Plan B
Because of delays, Costello is starting to worry that delays may cost taxpayers the opportunity to save $18 million. That’s the cost to remobilize a second dredging project if the current dredging project cannot be extended.
Accordingly, Costello is pursuing two options. The first involves praying (that’s a joke). The second involves working back through the Texas Division of Emergency Management to get FEMA to declare the mouth bar part of the original emergency mission. The Corps seems to move much faster when orders come from FEMA, several sources tell me. Maybe we should start praying too. (That’s not a joke.)
Money, according to Costello, should not be a problem. FEMA has approved the use of debris cleanup money from Harvey for dredging. He believes enough money remains in that fund to cover the City’s cost share.
Where Current Dredging Project Stands
The Corps estimates that the current dredging project is 45% complete. They hope to complete dredging by the end of April.
City contractors are still removing downed trees from Lake Houston as a result of Hurricane Harvey’s destruction. The Callan Dredge is currently working the area near Kings Harbor at the West Lake Houston Parkway Bridge. The immensity of the equipment underscores the need to keep crews working at the end of the current project on the mouth bar. Remobilizing all this equipment could cost $18 million or more if delays create a need to remobilize.
Posted by Bob Rehak on February 7, 2018
527 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/CallanAtWLHP_01.jpg?fit=1500%2C722&ssl=17221500adminadmin2019-02-07 18:43:362019-02-07 18:43:42City Analyzing Samples from Mouth Bar In Hopes of Determining Volume Due to Harvey
A search for deed restrictions on property proposed for high-rise development turned up some huge surprises today. I had previously posted about height restrictions within Friendswood Commercial Development Guidelines. It turns out that the Friendswood Commercial Development Guidelines do not apply in this case – because the property was restricted to single-family residential. Specifically, I’m talking about the section of land circled below. It’s just south of the Barrington subdivision in Kingwood.
This post deals only with the section in red where most of the high rises will go, but deed restrictions also exist on other related parcels of land in the proposed development.
Relevant Property History Starts in 1994
Some concerned residents and I conducted a title search with the help of the County Clerk’s website and a friendly title company. The land in the circle has changed hands twice since 1994. Friendswood Development company sold it to Holley-Strother Kingwood Lake Estates, Ltd. on December 30, 1994. Holley and Strother sold it to the current owners in 2012. The land has actually been sold more than twice, but only among companies controlled by the same individuals. It’s also been the subject of an eight year law suit related to flood plain issues. More on those items in subsequent posts.
Key Elements of Deed Restrictions
Deed restrictions in the first sale specify four key elements:
Single-family residential
Compatible architecture in harmony with structures on adjoining land.
No alteration of drainage for surrounding areas
Applies to all subsequent buyers for a period of at least 40 years (until 2036)
That hardly looks like single-family residential housing. I talked to experts in city planning, real estate and sales. They all agreed that “single family residential” usually means “one family in one structure on one lot.”
Drainage Deed Restrictions, Too.
Hindering or obstructing existing drainage channels or ditches, which serve adjoining property owners – without the written consent of the owners – is also prohibited. (See Paragraph 8.)
The Corps’ public notice also states that the developer plans to put “285 cubic yards of fill into 771 linear feet of streams adjacent to the West Fork of the San Jacinto.” That would seem to be another deed restriction violation.
I’m not sure about you, but I moved to Kingwood, a master-planned community, because deed restrictions ensured these kinds of things did not happen.
To my knowledge, the developers have not even attempted to gain permission to disrupt drainage from other villages, such as Kingwood Lakes, Deer Cove, Trailwood and Barrington.
Deed Restrictions Binding on Successors
Another key clause in the deed restrictions reads:
Deed restrictions normally “run” with the land. Said another way, when the first buyer sells the land to a second buyer, the second buyer must abide by the same restrictions that the first buyer had, and so forth in perpetuity. Subsequent buyers may add restrictions, but notremove them without the consent of the ORIGINAL grantor. The original grantor in this case was Friendswood Development Company.
We could find no recorded documents on the County Clerk’s web site or in a title search that removed deed restrictions on this property. A former Friendswood executive told me, “If there is not a recorded document removing the restrictions, then they have not been removed.” So…
The Burden of Proof is on the Developers
I am requesting the developers to show the legally recorded document that removes the deed restrictions. However, so far they have not responded to my certified mail or phone calls requesting a public meeting.
The Corps informed me yesterday that the developer has designated Leah Manlove Howard of Manlove Advertising and PR as their new point of contact. Her contact information is:
Romerica Investments, LLC One Performance Drive Angleton, TX 77515 Telephone: 281-487-6767 POC: Ms. Leah Manlove Howard
This raises so many questions that I hope the Corps extends the public comment period yet again. The community needs to understand who we are dealing with.
As always, these are my opinions on matters of public interest. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP statute of the great State of Texas.
Posted by Bob Rehak on February 6, 2019
526 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/02/SectionDHilighted.jpg?fit=1500%2C1153&ssl=111531500adminadmin2019-02-06 20:09:542019-02-06 20:22:46High-Rise Property May Be Deed Restricted to Single-Family Residential
Bill King to Discuss Kingwood Flooding Issues, High-Rise Development and More at Townhall this Sunday
Bill King, who has announced he will be a candidate for mayor this November, will be holding a townhall meeting on February 10 at Los Cucos from 4:30-6:30. Bill has indicated that he will discuss flooding in Kingwood, along with other issues important to our community. This is the Eventbrite link if you are interested in more information – https://www.eventbrite.com/e/bill-king-for-houston-mayor-campaign-launch-los-cucos-tickets-55079090041.
Why You Should Come
Kingwood residents need to participate in City elections this year to ensure that candidates who know about the issues facing our community, especially flooding, are elected. Therefore, I will post information on all events held by candidates for mayor or council that plan events in Kingwood.
Demonstrated Commitment to Solving Flood Issues
This is the first of those posts. I must say that Bill King’s desire to understand flooding issues throughout the City, not only in Kingwood, has impressed me. Long before, he decided to run for Mayor again, King contacted me several times to discuss flooding problems in Kingwood. We also discussed how solutions here might impact downstream communities. King even spent an entire day with me last summer slogging through sand dunes in East End Park and on Marina Drive in Forest Cove to see the problems first hand.
He has seen firsthand what 240,000 cubic feet of water per second can do.
King’s Position on High-Rise Development
I know Bill King has some definite opinions about the high-rise development in the floodplain by River Grove Park. Please come and hear what he has to say. I am eager, too, hear it, too. Hope to see you there.
Posted by Bob Rehak on 2/8/2019
528 Days since Hurricane Harvey
City Analyzing Samples from Mouth Bar In Hopes of Determining Volume Due to Harvey
According to Stephen Costello, Chief Resiliency Officer for The City of Houston, the City contracted with a company called Tetra Tech to take core samples earlier this week from and around the mouth bar on the West Fork of the San Jacinto.
Why Core Samples?
The mouth bar is a giant sand bar at the mouth of the river where it meets the lake. The size of it has concerned residents throughout the Lake Houston Area since Harvey. It has the potential to back water up on both sides of the river and worsen flooding.
Some background. The Army Corps initially excluded the mouth bar from its current dredging program on the west fork. Their reason: a small part of the bar existed before Harvey. FEMA, which is funding the dredging, by law cannot spend money on remediation for things that existed before the disaster in question.
It took months for the City, FEMA and the Army Corps to agree on a way to estimate the volume of sand deposited by Harvey. The answer says Costello: something called the Stockton protocol that he says was developed after Superstorm Sandy at Stockton University in New Jersey.
Analysis Due by End of February
The core samples will be key to estimating pre- and post-Harvey volumes. Costello says engineers will look at density and color of sand grains to help estimate where sediment from one storm stops and another starts.
Costello hopes engineers will complete their analysis by the end of February. In the meantime two other efforts are proceeding simultaneously.
Search for Suitable Disposal Site Continues
The Corps will evaluate one property for suitability as above-ground storage. Separately, others are also out looking at sub-surface storage sites (i.e., old sand pits). Several have been located. The cost and safety of above ground and below ground storage will be weighed against the possibility of hauling material off by truck. Distance between the dredge and disposal sites also affects pumping costs.
All this will take time, especially if a full-blown environmental study is necessary for the above-ground option. Costello says the Corps has told him that could take four months to two years.
Evaluating Plan B
Because of delays, Costello is starting to worry that delays may cost taxpayers the opportunity to save $18 million. That’s the cost to remobilize a second dredging project if the current dredging project cannot be extended.
Accordingly, Costello is pursuing two options. The first involves praying (that’s a joke). The second involves working back through the Texas Division of Emergency Management to get FEMA to declare the mouth bar part of the original emergency mission. The Corps seems to move much faster when orders come from FEMA, several sources tell me. Maybe we should start praying too. (That’s not a joke.)
Money, according to Costello, should not be a problem. FEMA has approved the use of debris cleanup money from Harvey for dredging. He believes enough money remains in that fund to cover the City’s cost share.
Where Current Dredging Project Stands
The Corps estimates that the current dredging project is 45% complete. They hope to complete dredging by the end of April.
Posted by Bob Rehak on February 7, 2018
527 Days since Hurricane Harvey
High-Rise Property May Be Deed Restricted to Single-Family Residential
A search for deed restrictions on property proposed for high-rise development turned up some huge surprises today. I had previously posted about height restrictions within Friendswood Commercial Development Guidelines. It turns out that the Friendswood Commercial Development Guidelines do not apply in this case – because the property was restricted to single-family residential. Specifically, I’m talking about the section of land circled below. It’s just south of the Barrington subdivision in Kingwood.
Relevant Property History Starts in 1994
Some concerned residents and I conducted a title search with the help of the County Clerk’s website and a friendly title company. The land in the circle has changed hands twice since 1994. Friendswood Development company sold it to Holley-Strother Kingwood Lake Estates, Ltd. on December 30, 1994. Holley and Strother sold it to the current owners in 2012. The land has actually been sold more than twice, but only among companies controlled by the same individuals. It’s also been the subject of an eight year law suit related to flood plain issues. More on those items in subsequent posts.
Key Elements of Deed Restrictions
Deed restrictions in the first sale specify four key elements:
Here’s actual language for the first two:
What Developer Wants to Build
According to the US Army Corps of Engineers Public Notice, Romerica Investments, LLC has applied for a permit to construct commercial, condominium and hotel towers up to 500 feet high on a 25 acre parcel. Here’s a scale drawing that shows what this would like compared to the Barrington if permitted. You can see examples of what they plan in this video posted on an architect’s website.
That hardly looks like single-family residential housing. I talked to experts in city planning, real estate and sales. They all agreed that “single family residential” usually means “one family in one structure on one lot.”
Drainage Deed Restrictions, Too.
Hindering or obstructing existing drainage channels or ditches, which serve adjoining property owners – without the written consent of the owners – is also prohibited. (See Paragraph 8.)
The Corps’ public notice also states that the developer plans to put “285 cubic yards of fill into 771 linear feet of streams adjacent to the West Fork of the San Jacinto.” That would seem to be another deed restriction violation.
To my knowledge, the developers have not even attempted to gain permission to disrupt drainage from other villages, such as Kingwood Lakes, Deer Cove, Trailwood and Barrington.
Deed Restrictions Binding on Successors
Another key clause in the deed restrictions reads:
Deed restrictions normally “run” with the land. Said another way, when the first buyer sells the land to a second buyer, the second buyer must abide by the same restrictions that the first buyer had, and so forth in perpetuity. Subsequent buyers may add restrictions, but not remove them without the consent of the ORIGINAL grantor. The original grantor in this case was Friendswood Development Company.
Click here to download the complete deed restrictions.
No Documents Found Removing Restrictions
We could find no recorded documents on the County Clerk’s web site or in a title search that removed deed restrictions on this property. A former Friendswood executive told me, “If there is not a recorded document removing the restrictions, then they have not been removed.” So…
The Burden of Proof is on the Developers
I am requesting the developers to show the legally recorded document that removes the deed restrictions. However, so far they have not responded to my certified mail or phone calls requesting a public meeting.
The Corps informed me yesterday that the developer has designated Leah Manlove Howard of Manlove Advertising and PR as their new point of contact. Her contact information is:
Romerica Investments, LLC
One Performance Drive
Angleton, TX 77515
Telephone: 281-487-6767
POC: Ms. Leah Manlove Howard
This raises so many questions that I hope the Corps extends the public comment period yet again. The community needs to understand who we are dealing with.
As always, these are my opinions on matters of public interest. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP statute of the great State of Texas.
Posted by Bob Rehak on February 6, 2019
526 Days since Hurricane Harvey