Commission Agenda Item No. 8
Presenter: Stan David

Action
Grant of Drainage Easement – Hidalgo County
Approximately 1 Acre at the Estero Llano Grande World Birding Center
January 21, 2021

I.     Executive Summary:  The City of Weslaco (City) requests an easement on the Estero Llano Grande World Birding Center (WBC) for upgrading drainage infrastructure including the replacement of culverts under the park entrance drive and re-profiling an existing drainage canal.

II.    Discussion:  Estero Llano Grande WBC consists of 230 acres of native landscape including woodlands, thorn forest, and a shallow lake.  The WBC attracts a wide variety of birds, due to its hab­i­tats and its lo­ca­tion; about 340 species have been documented there.  The WBC has many trails throughout which are easily accessible to enjoy bird watching and view other wildlife species.

The City has scoped and let a project to significantly improve drainage upstream from the WBC. To facilitate increased runoff, the City is requesting access to WBC property to conduct maintenance of the existing canal, including removing vegetation, re-excavating canal contours, adding rip-rap for erosion control, and upgrading culvert boxes under FM 1015 on the west side of the WBC and the WBC entry drive.  Much of the proposed work would require a 100-foot wide easement and work area.  Texas Parks and Wildlife Department staff is working with the City to determine what rights it currently has and what new rights might be necessary for the City to proceed with the project as planned.

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.”

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Commission Agenda Item No. 8
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 1 Acre of Real Property in Hidalgo County for the Maintenance of a Drainage Canal

Resolution

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates the Estero Llano Grande World Birding Center (WBC) for a variety of recreation and conservation values, including restoration and management of varied landscape that serves as significant habitat for many resident and migratory species, including songbirds, shorebirds, and wading birds; and,

Whereas, the City of Weslaco (City) is seeking to reduce flooding in the City by upgrading drainage infrastructure upstream from the WBC; and,

Whereas, the City requests an easement on the WBC to accommodate part of its planned drainage upgrade; and,

Whereas, the City is unable to provide evidence that it has the rights necessary to perform the drainage work in the park as planned; and,

Whereas, the City of Weslaco requests approximately one acre of land running parallel to the north and south side an existing canal to accommodate the proposed drainage improvements; and,

Whereas, the Texas Parks and Wildlife Commission (Commission) finds that as required by Texas Parks and Wildlife Code (PWC) 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 state park (SP) in which such newspapers are published (the Monitor in Hidalgo 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 PWC 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 of an Easement includes all reasonable planning to minimize harm to the land; and,

Whereas, the Commission finds that the grant of an Easement subject to conditions that will minimize harm of the Easement to the State Park is in accordance with PWC section 11.301; and,

Now, therefore, the 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 the City for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 21^st day of January, 2021.

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Commission Agenda Item No. 8
Exhibit B

Location Map for Estero Llano Grande World Birding Center in Hidalgo County

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Commission Agenda Item No. 8
Exhibit C

Vicinity Map for Estero Llano Grande World Birding Center,
2 Miles South of Weslaco

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Commission Agenda Item No. 8
Exhibit D

Map of Estero Llano Grande World Birding Center Outlined in Yellow

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Commission Agenda Item No. 8
Exhibit E

Map of the city of Weslaco’s Requested Easement Area in Red
Estero Llano Grande World Birding Center Outlined in Yellow