TPWD: January 25, 2018 Commission Meeting Agenda

January 24-25, 2018, Commission Meeting Agenda

Work Session

Commission Agenda Items

November 1-2, 2017, Transcripts

Commission Agenda Item No. 6
Presenter: Trey Vick

Action
Transfer of Land - Walker County
Approximately .50 Acre at Huntsville State Park
January 25, 2018

I. Executive Summary: Texas Parks and Wildlife Department (TPWD) staff has been working with the City of Huntsville on a proposal to transfer an approximately .50-acre tract of land at Huntsville State Park (SP) to the City for expansion of City utilities.

II. Discussion: The 2,080-acre Huntsville SP is located in Walker County, deep in the Southeast Texas Piney Woods. TPWD staff was approached by the City of Huntsville with a request to transfer approximately 500 feet of a 40 foot strip of park land that was acquired by TPWD in 2008 for the purpose of a utility right-of-way. The City anticipates needing the area for a public water line and sewer facility improvements. In exchange for this proposed transfer of park land, the City of Huntsville and the developer of land surrounding Huntsville SP propose a permanent 25 foot natural no-clear buffer along 5.2 miles of the park boundary (approximately 15.7 acres) to help buffer the park from future development. TPWD staff have worked with the City and developer to negotiate the terms of the buffer, including provisions for enforcement.

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.”

Attachments – 6

Exhibit A – Resolution
Exhibit B – Location Map
Exhibit C – Vicinity Map
Exhibit D – Site Map
Exhibit E – Site Map
Exhibit F – Site Map

Commission Agenda Item No. 6
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the
Transfer of an Approximately .5-Acre Tract of Land at
Huntsville State Park in Walker County

Resolution

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates 2,087-acre Huntsville State Park (HSP) for a variety of outdoor recreation opportunities and conservation values, including protection and interpretation of the Piney Woods of Southeast Texas; and,

Whereas, TPWD and the City of Huntsville have a long history of working together to provide utilities to HSP and recreational amenities to the community; and,

Whereas, on November 2, 2017, the Texas Parks and Wildlife Commission (TPW Commission) authorized the granting of an easement to the City of Huntsville to install a 12 inch water line across a 40 foot wide strip of land acquired by TPWD in 2008 as a corridor for routing utilities to HSP; and,

Whereas, the compensation for that easement was a dedication by the adjacent landowner of an enforceable deed restriction, to run concurrent with the easement, of a 25 foot no-clear protective buffer along approximately 5.2 miles of the perimeter of HSP in order to help protect the visitor experience from future development adjacent to the park; and,

Whereas, the City of Huntsville wishes to acquire fee simple ownership of the land on which the easement has been granted, and on adjacent land, totaling approximately .5 acre, in anticipation of constructing additional utility infrastructure in the future; and,

Whereas, TPWD staff conclude there is no feasible and prudent alternative to the use or taking of state park land for the construction of the utilities contemplated by the City of Huntsville; and,

Whereas, the approximately .5-acre tract in question is within the aforementioned utility corridor which is not used by the public and the transfer of the tract would not adversely impact park operations; and,

Whereas, TPWD desires that the 25 foot no-clear protective buffer be made permanent, and the adjoining land owner will make the 25 foot no-clear protective buffer permanent in exchange for the transfer in fee simple of the approximately .5-acre subject tract to the City of Huntsville; and,

Whereas, the TPW 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 newspapers of general circulation which are published at least six days a week in the communities nearest to HSP in which such newspapers are published (The Huntsville Item in Walker 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 TPW 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 such 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 TPW Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code, that conveyance of approximately .5 acre under the terms and conditions described herein 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 transfer approximately .5 acre of land to the City of Huntsville for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 25th day of January, 2018.

______________________________________ ______________________________________

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. 6
Exhibit B