Commission Agenda Item No. 5
Presenter: Ted Hollingsworth

Action
Grant of Easement - Somervell County - Approximately 9 Acres of High Voltage Transmission Line Right-of-Way at Dinosaur Valley State Park
August 24, 2017

I.      Executive Summary: Brazos Electric Power Cooperative Inc. (BEC) and Texas Parks and Wildlife Department (TPWD) staff have negotiated an easement covering an existing 138kv electric transmission line right-of-way (ROW) that crosses Dinosaur Valley State Park (DVSP).

II.     Discussion: DVSP was created in 1968 with an initial purchase of 382 acres. Today the park has grown to 1,587 acres. In addition to the park’s namesake fossil dinosaur tracks, the park preserves a picturesque reach of the Paluxy River, fine examples of north central Texas habitats, including habitat for the endangered golden-cheeked warbler, and a variety of outdoor recreational opportunities.

At the time of the park’s acquisition, a regional electric transmission line crossed the park. Recent floods damaged one of the monopoles supporting the high lines, necessitating relocation of a reach of the 5,800-foot (352-rod) ROW and associated infrastructure. TPWD staff have worked with BEC to find a route, monopole materials and construction methodologies that minimize disturbance and result in net aesthetic improvements to the park.

In the course of researching the transmission line, it was discovered that no recorded easement exists for that reach of ROW which crosses the park. BEC and TPWD recognize the need for an easement covering the entire ROW within the park. Work will begin on the rerouted transmission line, and a portion of the original route will be abandoned, upon issuance of the easement.

III.   Recommendation:  Staff recommends the Texas Parks and Wildlife Department adopts the Resolution.

“The Texas Parks and Wildlife Commission adopts the Resolution attached as Exhibit A.”

Attachments – 4

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

Commission Agenda Item No. 5
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 9 Acres of Real Property in Somervell County for a High-Voltage Transmission Line Crossing the Dinosaur Valley State Park

Resolution

Whereas, Brazos Electric Power Cooperative Inc. (BEC) operates an existing 138kv electric transmission line and maintains an associated right-of-way (ROW) that crosses Dinosaur Valley State Park (DVSP); and,

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates DVSP for a variety of outdoor recreation opportunities and conservation values, including protection and interpretation of the park’s namesake fossil dinosaur tracks, a picturesque reach of the Paluxy River, and fine examples of north central Texas habitats, including habitat for the endangered golden-cheeked warbler; and,

Whereas, flooding on the Paluxy River has compromised a monopole supporting a reach of the transmission line, necessitating relocation of the reach of line; and,

Whereas, TPWD and BEC agree that relocating a reach of the ROW to prevent a reoccurrence of damage to the line by future flooding is in the best interest of both parties; and,

Whereas, TPWD and BEC are unable to locate any easement or prior agreement regarding the establishment of this ROW and desire to establish such an easement affirming the ROW and assuring the transmission line will have minimal impacts on park operations and aesthetics; 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 WMA in which such newspapers are published (Stephenville Empire Tribune in Erath 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 that such notices; and,

Whereas, TPWD staff have worked with BEC to find a route, monopole materials and construction methodologies that minimize disturbance and result in net aesthetic improvements to the park; and,

Whereas, BEC has agreed to compensate TPWD for damages and for the Easement, consistent with the current TPWD Damage and Fee Schedule; 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 DVSP 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 Brazos Electric Power Cooperative Inc. for the purposes and subject to the conditions described herein and in the motion approving this Resolution.

Adopted and approved this 24th day of August, 2017.

 

______________________________________          ______________________________________

T. Dan Friedkin, Chairman                                            Ralph H. Duggins, Vice-Chairman

______________________________________          ______________________________________

Anna B. Galo, Member                                                  Bill Jones, Member

______________________________________          ______________________________________

Jeanne W. Latimer, Member                                         James H. Lee, Member                  

______________________________________          ______________________________________

S. Reed Morian, Member                                              Dick Scott, Member

______________________________________

Kelcy L. Warren, Member

 


Commission Agenda Item No. 5
Exhibit B

Location Map for Dinosaur Valley State Park in Somervell County

Location Map for Dinosaur Valley State Park in Somervell County


Commission Agenda Item No. 5
Exhibit C

Vicinity Map for Dinosaur Valley SP – 3 Miles West of Glen Rose

Vicinity Map for Dinosaur Valley SP – 3 Miles West of Glen Rose


Commission Agenda Item No. 5
Exhibit D

Site Map for DVSP Showing Existing Route of Electric Transmission Line in Red Segment of Line to be Rerouted Shown in Blue

Site Map for DVSP Showing Existing Route of Electric Transmission Line