Commission Agenda Item No. 6
Presenter: Ted Hollingsworth

Action
Granting of Telecommunications Easement – Bastrop County
Approximately 1/2 acre at Buescher State Park
November 5, 2014

I. Executive Summary: University of Texas (UT) MD Anderson Cancer Center’s Virginia Harris Cockrell Cancer Research Center at Science Park, adjacent to Buescher State Park, near Smithville, requests an easement across Buescher State Park for the installation of a telecommunications cable to its facilities.

II. Discussion: In 1967, the Texas Legislature transferred a portion of Buescher State Park to MD Anderson to be used as a science park, now known as the Virginia Harris Cockrell Cancer Research Center at Science Park (Science Park). Today Buescher State Park comprises 1,054 acres of “lost pine” habitat that was not involved in the 2011 fire. The park preserves significant natural and recreational resources including Buescher Lake and habitat for the endangered Houston toad.

In 2007, Texas Parks and Wildlife Department (TPWD) staff negotiated a “Land Use Agreement” with MD Anderson in an effort to codify communication between the two entities regarding continuing development of facilities that could affect the Buescher Lake watershed, resource management and aesthetics of the state park. In addition, as contemplated by that agreement, in 2007, the Commission approved additional easements, including easements for the construction of two secondary access roads for emergency use, and a previously constructed roadway. Since that time, the Science Park has expanded its research facilities. Staff will update the Texas Parks and Wildlife (TPW) Commission on the status of the Science Park facilities and the 2007 agreement.

MD Anderson wishes to upgrade telecommunications capacity for the Science Park, necessitating underground installation of a new fiber-optic cable across approximately 3,500 feet of state park land.

III. Recommendation:

“The TPW Commission adopts the Resolution attached as Exhibit A.”

Attachments – 4

  1. Exhibit A – Resolution
  2. Exhibit B – Location Map
  3. Exhibit C – Vicinity Map
  4. Exhibit D – Site Map

Commission Agenda Item No. 6
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately One Half Acre of Real Property in Bastrop County for the Installation of a Fiber Optics Communications Cable Crossing the Buescher State Park

Resolution

Whereas, In 1967, the Texas legislature transferred a portion of Buescher State Park to University of Texas (UT) MD Anderson to be used as a science park, now known as the Virginia Harris Cockrell Cancer Research Center at Science Park (Science Park), for the conduct of medical research; and,

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Buescher State Park (the park) for a variety of conservation and recreation values, including recovery of the endangered Houston toad, 1,054 acres of “lost pine” habitat and Buescher Lake; and,

Whereas, the Science Park requires utilities to operate and those utilities require upgrading from time to time; and,

Whereas, the nature of the research done at the Science Park requires state-of-the-art communications; and,

Whereas, the Science Park requests an easement to install a new fiber-optic cable to upgrade its communications capabilities (the Easement); and,

Whereas, the Science Park’s location adjacent to the state park and to Park Road 1C makes use of the Park Road right-of-way the only feasible and prudent route for the requested Easement; and,

Whereas, the Texas Parks and Wildlife Commission (the Commission) finds that as required by Parks and Wildlife Code, Chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in newspapers of general circulation which are published at least six days a week in the communities nearest to the state park in which such newspapers are published (Austin American Statesman in Travis County), with the last day of publication being not less than one week or more than two weeks before the date of today’s hearing ; and,

Whereas, if the Easement is granted, the requested fiber optics cable is to be installed underground and placed within the maintained right-of-way of the park road to minimize impacts to fish and wildlife resources and park operations; and,

Whereas, MD Anderson has agreed to compensate TPWD for the Easement in accordance with the TPWD Damage and Fee Schedule and to minimize the overall impacts of the Easement on Buescher State Park; and,

Whereas, the Commission finds, in accordance with Parks and Wildlife Code, Chapter 26, that (1) there is no feasible and prudent alternative to the use or taking of such land (Easement);  (2) the program or project that requires the use or taking of land (Easement) includes all reasonable planning to minimize harm to the land (Easement); and,

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that conveyance of the Easement subject to conditions that will minimize the overall impacts of the Easement on the state park is in the best interest of TPWD; and,

Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to negotiate terms and conditions under which an Easement may be granted, and to grant an Easement to University of Texas MD Anderson Cancer Center for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 6th day of November, 2014.

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Dan Allen Hughes, Jr., Chairman

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Ralph H. Duggins, Vice-Chairman

_________________________________________
T. Dan Friedkin, Member, Chairman-Emeritus

_________________________________________
Roberto De Hoyos, Member

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Bill Jones, Member

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James H. Lee, Member

_________________________________________
Margaret Martin, Member

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S. Reed Morian, Member

_________________________________________
Dick Scott, Member


Commission Agenda Item No. 6
Exhibit B

Location Map Showing Buescher State Park in Bastrop County

Location Map Showing Buescher State Park in Bastrop County


Commission Agenda Item No. 6
Exhibit C

Vicinity Map for Buescher State Park 40 Miles East of Austin

Vicinity Map for Buescher State Park 40 Miles East of Austin


Commission Agenda Item No. 6
Exhibit D

Site Map for Requested Telecommunications Easement to MD Anderson Cancer Center

Site Map for Requested Telecommunications Easement to
MD Anderson Cancer Center