TPWD: November 2, 2017 Commission Meeting Agenda

November 1-2, 2017, Commission Meeting Agenda

Work Session

Commission Agenda Items

August 23-24, 2017, Transcripts

Commission Agenda Item No. 6
Presenter: Trey Vick

Action
Request of Water Line Easement - Walker County
Approximately .10 Acre at Huntsville State Park
November 2, 2017

I. Executive Summary: Texas Parks and Wildlife Department (TPWD) staff has been working with the City of Huntsville on a proposal to grant an easement of approximately .10 acres at Huntsville State Park (SP) for the expansion of the city’s public water system.

II. Discussion: The 2,080 acre Huntsville SP is located in Walker County and buried deep in the Southeast Texas Piney Woods. TPWD staff has been approached by the City of Huntsville for an easement to cross a 40 foot strip of park land that was acquired by TPWD in 2008 for the purpose of a utility right of way (ROW). An easement of approximately 40 feet x 40 feet including temporary work space will be needed for the public water line improvements. The requested location is ¾ of a mile from the main body of the park, is disturbed by previous clearing and earthwork, and is not used by the public. In exchange for this proposed easement the developer of the land surrounding Huntsville SP has agreed to an enforceable deed restriction on a 25 foot no-clear natural buffer along approximately 5.2 miles of park boundary to protect the park. The deed restriction will run concurrently with the term of the water line easement. The city anticipates needing more of the 40 foot ROW in the future and proposes to exchange the needed tract (.50 acres) in fee simple for making the 25 foot deed restriction (15.8 acres) permanent. In addition to the resolution below granting a term easement, staff requests permission to begin the public notice and input process for the exchange outlined above and anticipates returning to the Texas Parks and Wildlife Commission in January 2018 for action.

III. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

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

Attachments – 5

Exhibit A – Resolution
Exhibit B – Exhibit B Location Map
Exhibit C – Vicinity Map
Exhibit D – Site Map
Exhibit E – Site Map

Commission Agenda Item No. 6
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the
Granting of a Water Line Easement Covering Approximately .10 Acres of
Real Property in Huntsville State Park in Walker County

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates 2,087 acre Huntsville State Park (HSP) for a variety of outdoor recreation opportunities and conservation values, including protection and interpretation of the Piney Woods of Southeast Texas; and,

Whereas, the City of Huntsville wishes to extend public water supply to undeveloped land adjacent to HSP to facilitate its development; and,

Whereas, the City of Huntsville requests an easement for installation and maintenance of an 12-inch water line across a 40 foot strip of right of way within HSP (Easement); and,

Whereas, TPWD staff conclude there is no feasible and prudent alternative to the requested route for extending a water line to the desired location; and,

Whereas, the proposed water line is expected to improve water pressure and reliability for HSP; and,

Whereas, the adjoining land owner has agreed to dedicate by enforceable deed restriction a 25 foot no-clear protective buffer along approximately 5.2 miles of the perimeter of HSP in order to help protect the visitor experience at HSP from future development, in exchange for the granting of this 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 a newspaper of general circulation which is published at least six days a week in the communities nearest to the State Park in which such newspapers are published (The Huntsville Item in Walker 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, 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); and (2) the program or project that requires the use or taking of land (Easement) includes all reasonable planning to minimize harm to the land; and,

Whereas, the Commission finds, in accordance with Section 11.301 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 HSP is in the best interest of TPWD;

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 for the purposes and subject to the conditions described herein and in the motion approving this Resolution.

Adopted and approved this 2nd day of November, 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. 6
Exhibit B