Commission Meeting Agenda Item No. 7
Presenter: Jason Estrella

Action
Grant of Utility Easement – Jack County
Approximately 7.5 Acres at Fort Richardson State Park, Historic Site,
and Lost Creek Reservoir State Trailway
March 23, 2023

I.      Executive Summary:  Oncor Electric Delivery Company, LLC (Oncor) is requesting an easement across Fort Richardson State Park, State Historic Site, and Lost Creek Reservoir State Trailway (Fort Richardson SPSHS) for the upgrade and maintenance of an aboveground electric transmission line.

II.     Discussion:   The preservation of Fort Richardson SPSHS began in 1936 by the Texas Centennial Commission, and the site, totaling approximately 450 acres, was acquired by Texas Parks and Wildlife Department (TPWD) in 1968. Fort Richardson was originally built to house soldiers who protected settlers across the Texas frontier. Today, the public can experience how life was in the past while camping, hiking, biking, fishing, and horseback riding.

Oncor approached TPWD to discuss future upgrades to an existing 69 kV electric transmission line, located within an existing Oncor easement that predates the park, that crosses Fort Richardson SPSHS and several neighboring properties. The upgrades will include Oncor replacing old wooden structures with monopole-type structures. While Oncor was conducting the due diligence for this upgrade, it discovered a gap in its current easement. Oncor requested an easement of approximately 0.25 acres to cure this gap. When TPWD accepted the park property, the grant came subject to the existing easement, to which TPWD is not the grantor. Now, to cure the 0.25-acre gap in coverage, Oncor has agreed to extinguish the existing easement in exchange for a new easement directly from TPWD. The new easement will stretch approximately 4,200 feet and encompass approximately 7.5 acres in total.

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.”

Commission Agenda Item No. 7
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 7.5 Acres of Real Property in Jack County for the Upgrade and Maintenance of an Aboveground Electric Power Line Easement

Resolution

     Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Fort Richardson State Park, State Historic Site, and Lost Creek Reservoir State Trailway (Fort Richardson SPSHS) for a variety of recreation, historic, and conservation values; and,

     Whereas, Oncor Electric Delivery Company, LLC (Oncor) is seeking to upgrade an existing aboveground 69 kV electric transmission line; and,

     Whereas, Oncor requests an easement across Fort Richardson SPSHS for the upgrade and maintenance of said aboveground electric transmission line; and,

     Whereas, Oncor has discovered a gap in its current easement of approximately 150 feet by 75 feet (~0.25 acres) and is wanting to cure this gap prior to upgrading the existing structures to monopole-type structures; and,

     Whereas, TPWD staff requests Oncor replace the original easement that was drafted in the 1920s with a new easement that will stretch approximately 4,200 feet in length and encompasses approximately 7.5 acres; 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 that are published at least six days a week in the communities nearest to Fort Richardson SPSHS in which such newspapers are published (Tarrant 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 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 Fort Richardson SPSHS 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 Oncor Electric Delivery Company, LLC for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 23rd day of March, 2023.

Commission Agenda Item No. 7
Exhibit B

Location Map for Fort Richardson State Park, State Historic Site, and Lost Creek
Reservoir State Trailway (Fort Richardson SPSHS)
Jack County

Commission Agenda Item No. 7
Exhibit C

Vicinity Map for Fort Richardson SPSHS
Jacksboro, Texas

Commission Agenda Item No. 7
Exhibit D

Location of Requested Easement
Requested Easement in Yellow
Fort Richardson SPSHS Outlined in Red