Commission Agenda Item No. 8
Presenter:
Corky Kuhlmann
Action
Property Transfer – Brazoria County
January 22, 2015
I. Executive Summary: Texas Parks and Wildlife Department (TPWD) staff has a request for a Property transfer at Sea Center Texas.
II. Discussion: Dow Chemical Company (DOW) has requested that the City of Lake Jackson abandon a short portion of Medical Drive. This segment of roadway is bounded to the north by Dow Chemical and to the south by Sea Center Texas and comprises approximately 2 acres of land. Once abandoned, the Right-of-Way (R-O-W) is split in half and deeded to the abutting landowners.
DOW has requested that TPWD transfer its portion (approximately one acre) of the abandoned R-O-W to DOW. DOW will give TPWD an easement and install a pipeline to provide fresh water from a canal located north of Medical Drive across the abandoned roadway to replenish wetland habitat located on Sea Center Texas (TPWD) land.
III. Recommendation: The staff recommends the Texas Parks and Wildlife Commission consider the following motion:
“The Commission adopts the Resolution attached as Exhibit A.”
Commission Agenda Item No. 8
Exhibit A
A Resolution by the Texas Parks and Wildlife Commission Regarding the transfer of approximately one acre of abandoned roadway at Sea Center Texas, Lake Jackson, Texas.
Resolution
Whereas, Texas Parks and Wildlife Department (TPWD) owns a coastal fisheries facility named Sea Center Texas located in Lake Jackson, Texas (City); and,
Whereas, Sea Center Texas is a marine aquarium, fish hatchery and nature center operated by TPWD; and,
Whereas, the Dow Chemical Company (DOW) has a large presence in the Lake Jackson area; and,
Whereas, DOW was instrumental in the creation of Sea Center Texas; and,
Whereas, DOW continues to play an important part in the day-to-day operation of Sea Center Texas; and,
Whereas, Medical Drive is a city street located in the City; and,
Whereas, DOW has requested that the City abandon a short segment of Medical Drive that is adjacent to DOW property to the northeast and TPWD property to the southwest; and,
Whereas, this short segment of Medical Drive dead ends into DOW property; and,
Whereas, DOW has plans to use the abandoned segment of Medical Drive to facilitate access to two new plastics plants; and,
Whereas, when a city road is abandoned, the adjacent landowners are deeded property to the centerline of the road; and,
Whereas, the abandoned area of Medical Drive equals approximately two acres; and,
Whereas, one half of that area (approximately one acre) would come to TPWD (the Subject Tract); and,
Whereas, DOW has requested that TPWD transfer the Subject Tract to DOW; and,
Whereas, the Subject Tract has no operational value to TPWD; and,
Whereas, DOW has offered, as compensation to TPWD for the transfer of the Subject Tract, to grant TPWD a pipeline easement for transport of fresh water into Sea Center’s ponds, and to construct the pipeline at DOW’s expense; and,
Whereas, the Commission finds notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in a newspaper of general circulation which is published at least six days a week in the community nearest to the Subject Tract in which such newspapers are published (Brazoria Facts newspaper) 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 that such notices specified the date and time at which the Commission would hear testimony regarding the this matter; and,
Whereas, the Commission finds that at no time has the Subject Tract been used or designated as a park, recreation area, scientific area, wildlife refuge, or historical site; and,
Whereas, the Commission finds, in accordance with section 13.009 of the Parks and Wildlife Code, the exchange of the Subject Tract for an easement and construction of a fresh water pipeline 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 exchange the Subject Tract fort an easement across the Subject Tract and construction by DOW of a fresh water pipeline, for the purposes and subject to the conditions described herein and in the motion approving in this Resolution.
Adopted and approved this 22nd day of January 2015.
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Dan Allen Hughes, Jr., Chairman
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Ralph H. Duggins, Vice-Chairman
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T. Dan Friedkin, Member, Chairman-Emeritus
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Roberto De Hoyos, Member
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Bill Jones, Member
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James H. Lee, Member
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Margaret Martin, Member
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S. Reed Morian, Member
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Dick Scott, Member
Commission Agenda Item No. 8
Exhibit B
Location Map
Brazoria County
Commission Agenda Item No. 8
Exhibit C
Vicinity Map
Sea Center Texas
Commission Agenda Item No. 8
Exhibit D
Site Map
Sea Center Texas