Commission Agenda Item No. 10
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the
Transfer of an Approximately .60-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 an adjacent private landowner 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 private landowner of an enforceable deed restriction, to run concurrent with the easement, of a 25 foot no-clear protective buffer on all lots 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 desires to construct additional utility infrastructure on the land on which the easement has been granted, and on adjacent land, totaling approximately .60 acres of land; and,

Whereas, on January 25, 2018, the Commission authorized TPWD staff to take all necessary steps to transfer land to the City of Huntsville for utility infrastructure purposes; and,

Whereas, the City of Huntsville informed TPWD staff that it does not wish to own the land needed for utility infrastructure and has asked TPWD to transfer fee simple ownership of the land on which the easement has been granted, and on adjacent land, totaling approximately .60 acres to an adjacent private landowner, in anticipation of constructing additional utility infrastructure; and,

Whereas, TPWD staff concludes 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 .60-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 adjacent private landowner will make the 25 foot no-clear protective buffer permanent in exchange for the transfer in fee simple of the approximately .60-acre subject tract to the adjacent private landowner; 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 (Transfer); and (2) the program or project that requires the use or taking of land (Transfer) 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 .60 acres of land under the terms and conditions described herein is in the best interest of TPWD;

Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to transfer approximately .60 acres of land to an adjacent private landowner 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 August, 2018.

Commission Agenda Item No. 10
Exhibit B

Location Map of Huntsville State Park, 6 Miles South of Huntsville

Commission Agenda Item No. 10
Exhibit C

Vicinity Map of Huntsville State Park (SP)

Commission Agenda Item No. 10
Exhibit D

Site Map Subject Area Outlined in Yellow

Commission Agenda Item No. 10
Exhibit E

Site Map Proposed Transfer Outlined in Yellow

Commission Agenda Item No. 10
Exhibit F

Site Map Buffer Shown in White