Commission Agenda Item No. 7
Presenter:
Trey Vick
Action
Exchange of Easements – El Paso County
Approximately 3.5 Acres at Franklin Mountains State Park
August 22, 2019
I. Executive Summary: The Federal Aviation Administration (FAA) requests the granting of a new easement to replace its existing easement on Texas Parks and Wildlife Department (TPWD) land to facilitate necessary upgrades to the utilities that serve FAA facilities at the top of Mount Franklin in Franklin Mountains State Park (SP).
II. Discussion: Franklin Mountains SP consists of approximately 26,500 acres (over 40 square miles) within the city limits of El Paso, making it the largest urban park in the lower 48 United States. The park encompasses most of the Franklin Mountain Range and contains elevations from 4,000 to 6,500 feet above sea level. The park includes over 100 miles of trails and boasts the Wyler Tramway, as well as excellent hiking, mountain biking, rock climbing, and camping. The state acquired land for the park in 1981, and it was opened in 1987 for the public to enjoy.
The FAA operates facilities at the top of Mount Franklin that are accessed by a tram that is not accessible to the public. The facilities are critical for flight operations in the area and they are in need of utility upgrades. The FAA is requesting a new easement for these upgrades and has agreed to abandon its existing easement once upgrades are completed.
III. Recommendation: The staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:
“The Texas Parks and Wildlife Commission adopts the Resolution attached as
Exhibit A.”
Commission Agenda Item No. 7
Exhibit A
A Resolution by the Texas Parks and Wildlife Commission Regarding the
Granting of an Easement of Approximately 3.5 Acres in El Paso County
Resolution
Whereas, in the mid-1980s, Texas Parks and Wildlife Department (TPWD) acquired approximately 26,500 acres within the city limits of El Paso for conservation and recreation (the Land); and,
Whereas, the Land, also known as Franklin Mountains State Park, was opened to the public by TPWD in 1987; and,
Whereas, the Federal Aviation Administration (FAA) operates facilities at the top of Mount Franklin on the Land and is in the process of planning utility upgrades for its facilities; and,
Whereas, the FAA desires to acquire a new easement of approximately 3.5 acres (Easement) for the utility upgrades and has agreed to abandon its existing approximately 3.5-acre easement once the upgrades are completed and restore the existing easement to its prior condition; and,
Whereas, the FAA facilities are surrounded by the Land and the only possible route for necessary utilities to the FAA facilities is across the Land; and,
Whereas, the FAA agrees to work with TPWD on routes, access, installation, and restoration of the Land that will minimize harm to the Land; and,
Whereas, the Texas Parks and Wildlife Commission (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 community nearest to the Land in which such newspapers are published (El Paso Times in El Paso 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 specified the date and time at which the Commission would hear testimony regarding the proposed disposition; 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 use or taking of 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 affirms its authority to grant an easement to the FAA in accordance with Section 11.301 of the Texas Parks and Wildlife Code; and,
Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to establish terms and conditions to grant an easement for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.
Adopted and approved this 22nd day of August, 2019.
Commission Agenda Item No. 7
Exhibit B
Location Map for Franklin Mountains State Park in El Paso County
Commission Agenda Item No. 7
Exhibit C
Vicinity Map for Franklin Mountains State Park (SP) in El Paso, Texas
Commission Agenda Item No. 7
Exhibit D
Site Map Showing Federal Aviation Administration (FAA) Facilities within Franklin Mountains State Park
Commission Agenda Item No. 7
Exhibit E
Site Map Showing Existing and Proposed Lines
Tramway and Tramway Facilities Outlined in Red
