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Commission approves private access road across Commerce Estates right-of-way for property owner

5738384 · September 9, 2025
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Summary

The commission granted permission for landowner Kendall Krug to build and maintain a private access road on an unimproved county right-of-way in Commerce Estates. The motion passed 3-0 with conditions that the work meet county drainage and installation expectations.

ELLIS COUNTY — The Ellis County Commission on Sept. 9 approved a request from property owner Kendall Krug to construct an access road across an unimproved portion of the Commerce Estates right-of-way, allowing ingress and egress to his parcel. The motion passed 3-0.

Krug told commissioners he and his wife own the east half of a northwest quarter that had been split into 50- and 30-acre parcels and that "30 Seventh Street was never built" in the 1999 Commerce Estates plat. He asked permission to build a road across the county's existing right-of-way to access a future home site on the west side of his property. "So the request is that you would allow us to go ahead and, at our expense, build the road and maintain it into our property," Krug said.

County Counselor Bill Jeter confirmed the right-of-way established by the original plat still exists. Public Works Director Brandon McKay said similar access installations have been private-party projects in the past and that the county typically inspects culvert and drainage work to ensure it does not create issues for the county system. McKay noted, in part, that developers or landowners previously have installed necessary materials and the county inspected for standards.

The commission said the road would remain public right-of-way but that Krug's installation and maintenance would be his responsibility. Commissioners and staff discussed two likely culvert locations and said that if the county were to take over the road in the future, the owner would need to upgrade it to county standards at the owner's expense.

The motion to approve the ingress and egress passed by voice vote and was recorded as "passes 3-0."