Commission Agenda Item No. 5
Presenter: Ted Hollingsworth

Action
Grant of Conservation Easement - Blanco County
Approximately 164 Acres at Pedernales Falls State Park
November 2, 2017

I.      Executive Summary: The sellers in a pending land acquisition at Pedernales Falls State Park desire to ensure the land will be managed for conservation and outdoor recreation in perpetuity. Texas Parks and Wildlife Department (TPWD) staff recommends that a conservation easement be placed on the tract to help ensure the desired outcome.

II.     Discussion: In May, 2017, the Texas Parks and Wildlife (TPW) Commission authorized acquisition of land overlooking Pedernales Falls for addition to Pedernales Falls State Park. The 164-acre tract of riverfront property is to be purchased with Land and Water Conservation Funds, with match for the grant provided in the form of a significant seller contribution toward a bargain sale. Any future disposition of the land would constitute a conversion of the federal interest in the property and would be subject to the onerous conversion requirements of the federal Land and Water Conservation Fund Act. The seller has a strong desire to ensure the land will be managed for conservation and outdoor recreation in perpetuity. The seller also plans to place a conservation easement on the adjacent 79 acres of riverfront property, protecting in total the aesthetic and biological integrity of an approximately 3,400-foot reach of the river.

The proposed conservation easement on the 164 acre tract within Pedernales Falls State Park would be held by a third party. The Texas Land Conservancy, which already holds a conservation easement on part of the seller’s ranch, has expressed an interest in holding the proposed conservation easement on the 164 acre tract. TPWD staff finds that the granting of such an easement is consistent with the mission of TPWD and will not compromise or impair the conservation or public recreation purposes for which the property is being acquired.

III.   Recommendation: The staff recommends the TPW Commission adopt the following motion:

“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. 5
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the
Granting of a Conservation Easement Covering Approximately 164 Acres in
Blanco County at the Pedernales Falls State Park

Whereas, Pedernales Falls State Park (PFSP) covers approximately 5,212 acres in Blanco County which is managed for fish and wildlife habitat, including habitat for the endangered golden-cheeked warbler, and public outdoor recreation; and,

Whereas, PFSP includes frontage on more than five miles of the Pedernales River, including the PFSP’s most picturesque feature and namesake Pedernales Falls (Falls); and,  

Whereas, the staff of Texas Parks and Wildlife Department (TPWD) has long been concerned about protecting the viewshed of the Falls, and has worked for years with adjacent landowners regarding the protection of this viewshed;  and,

Whereas, the owner of the ranch overlooking the falls across from PFSP has offered to sell strategic riverfront land (Land) to TPWD and place a conservation easement on other strategic land within the viewshed of PFSP and the Falls; and,

Whereas, the seller and TPWD desire that all possible measures should be taken to ensure that the Falls and the adjacent lands be protected from fragmentation and development in perpetuity; and,

Whereas, conservation easements, as defined and authorized by Section 183.001 of the Texas Natural Resources Code can be effective tools for assuring long-term protection of undeveloped lands from fragmentation and development; and,

Whereas, a conservation easement (Easement) would specifically allow for trails and low-impact recreational activities planned for the Land; and,

Whereas, the Texas Parks and Wildlife Commission (the Commission) finds that as required by Texas 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 PFSP in which such newspapers are published (The Blanco County News in Blanco 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, staff of TPWD has concluded that the Easement will complement the mission of TPWD and PFSP and will not adversely affect operation or management of the Land; and,

Whereas, the Commission finds, in accordance with Texas Parks and Wildlife Code, Chapter 26, that (1) there is no feasible and prudent alternative to the granting of a conservation easement (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; and,

Whereas, the Commission finds, in accordance with Section 11.301 of the Texas Parks and Wildlife Code that granting the Easement subject to conditions that will minimize the overall impacts of the Easement on PFSP 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 grant the Easement at Pedernales Falls State Park 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. 5
Exhibit B

Location Map for Pedernales Falls State Park in Blanco County

Location Map


Commission Agenda Item No. 5
Exhibit C

Vicinity Map for Pedernales Falls State Park - 30 Miles West of Austin

Vicinity Map


Commission Agenda Item No. 5
Exhibit D

Site Map Showing Location of Subject -164-Acre Tract

Site Map

(Comment on this proposal)