Action
Grant of Utility Easement – El Paso County – Approximately 3 Acres at Franklin Mountains State Park
August 24, 2023

I.      Executive Summary: El Paso Electric Company (EPEC) requests an approximately 3-acre utility easement at Franklin Mountains State Park to extend an existing electric transmission line to a proposed sub-station site on property owned by the city of El Paso.

II.     Discussion: Franklin Mountains State Park was acquired in 1981 and opened in 1987. It is one of the largest urban parks in the nation at over 26,000 acres. The park offers a variety of recreational opportunities including hiking, camping, biking, rock climbing, and wildlife viewing.  The park also hosts a very robust and diverse ecosystem of reptiles, mammals, and over 100 species of birds.

EPEC has an existing easement across Franklin Mountains State Park for a 115 kilovolt (KV) electric transmission line. EPEC is considering a new location for a sub-station on property owned by the city of El Paso. For EPEC to construct and connect the new sub-station to its existing transmission line, EPEC needs an additional easement to extend the transmission line. The proposed easement would be approximately 0.25 miles long and 100 feet wide. This proposed easement runs along an internal park road and is situated just inside Franklin Mountains State Park property. If the easement is granted, staff will continue to work with EPEC to minimize impacts of the transmission line to park operations and to the overall visitor experience.

III.   Recommendation: 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. 14
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the
Granting of a Utility Easement Covering Approximately 3 Acres of Real
Property in El Paso County

Resolution

      Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Franklin Mountains State Park (SP) for a variety of recreation, historic, and conservation values; and,

      Whereas, El Paso Electric Company (EPEC) is seeking to extend an existing 115 kilovolt (KV) electric transmission line to a proposed sub-station located on property owned by the city of El Paso; and,

      Whereas, EPEC requests a utility easement (Easement) across Franklin Mountains SP property for the extension of said electric transmission line; and,

      Whereas, EPEC estimates this required easement to be approximately 100 feet wide by 1,320 feet (0.25 miles) long; and,

      Whereas, TPWD staff also intends to work with EPEC to minimize disruptions to park operations and to the overall visitor experience; and,

      Whereas, EPEC will compensate TPWD for the proposed easement at rates consistent with the TPWD Damage and Fee Schedule currently in effect; 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 the SP in which such newspapers are published (The 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,

      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); and (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 Franklin Mountains SP 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 EPEC for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 24th day of August 2023.

Commission Agenda Item No. 14
Exhibit B

Location Map for Franklin Mountains State Park
El Paso County

Commission Agenda Item No. 14
Exhibit C

Vicinity Map for Franklin Mountains State Park
El Paso County

Commission Agenda Item No. 14
Exhibit D

Location of Proposed Easement
Existing Easement in Yellow
Requested Easement in Light Blue
Franklin Mountains State Park Outlined in Red

Commission Agenda Item No. 14
Exhibit E

Site Map of Proposed Easement
Existing Easement in Yellow
Requested Easement in Light Blue
Franklin Mountains State Park Outlined in Red