Commission Agenda Item No. 5
Presenter:
Ted Hollingsworth
Action
Conveyance of Access Easements – Van Zandt County
Approximately 2 Acres at Purtis Creek State Park
January 24, 2019
I. Executive Summary: In 2009, Texas Parks and Wildlife Department (TPWD) purchased a 2.5 acre strip of land for secondary access to Purtis Creek State Park. In the transaction, the sellers neglected to reserve access to their own property.
II. Discussion: Purtis Creek State Park was created in the late 1970s and early 1980s by the acquisition of a number of tracts in Van Zandt and Henderson Counties surrounding a 355-acre lake created by the damming of Purtis Creek. Today, the park stands at 1,585 acres.
In 2009, TPWD purchased a 2.5-acre strip of land to provide “back door” access from FM 2816 to a remote area of the park opposite the location of the main park entrance. The strip of land contains a gravel road that serves several other private landowners, including the original sellers. The sellers and other landowners have continued to use the existing road to access their homes since TPWD purchased the land. It appears evident from the chain of title and history of land use that it was the intent of the sellers to retain an access easement. Park staff also believe that was the intent, although there is no easement of record. The sellers have subdivided their acreage and request an easement be granted so that their buyers and other current landowners can be guaranteed access to their properties. Park staff is confident that continued use of this road by the other landowners will not interfere with park operations or management.
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. 5
Exhibit A
A Resolution by the Texas Parks and Wildlife Commission Regarding the
Granting of Access Easements Across Approximately Two Acres at Purtis Creek
State Park in Van Zandt County
Resolution
Whereas, in the late 1970s and early 1980s, the 1,585-acre Purtis Creek State Park (Park) was created by the acquisition of a number of tracts in Van Zandt and Henderson Counties surrounding a 355-acre lake created by the damming of Purtis Creek; and,
Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates the Park for a variety of conservation and recreation values, including hiking, biking, paddling, and fishing; and,
Whereas, in 2009, TPWD purchased approximately 2.5 acres with an existing gravel road (Road) across it to provide access to a remote area of the park not readily accessible from the existing park road system; and,
Whereas, the 2.5-acre tract and Road provided access to several private landowners for many years prior to its acquisition by TPWD; and,
Whereas, the original seller of the 2.5-acre tract (Seller) and other private landowners who rely on the Road for access maintain that it was the intention of the Seller that an access easement be retained for the Seller and other private landowners, although no access easement was recorded; and,
Whereas, TPWD staff finds that the management and operation of the Park will not be adversely affected by the granting of an access easement to the Seller and other private landowners who rely on the Road for access to their lands; and,
Whereas, the Texas Parks and Wildlife Commission (the 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 a newspaper of general circulation published at least six days a week in the communities nearest to the Park in which such newspapers are published (Van Zandt News in Van Zandt 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 that such notices specified the date and time at which the Commission would hear testimony regarding the access easements; and,
Whereas, the 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 (Road); and (2) the program or project that requires the use or taking of land (Road) includes all reasonable planning to minimize harm to the land (Road); and,
Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that conveyance of the access easements subject to conditions that will minimize the overall impacts of the access easements on the Park 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 establish terms and conditions under which access easements may be granted and to grant access easements 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 January, 2019.
Commission Agenda Item No. 5
Exhibit B
Location Map for Purtis Creek State Park in Henderson and Van Zandt Counties
Commission Agenda Item No. 5
Exhibit C
Vicinity Map for Purtis Creek State Park (SP), 35 Miles West of Tyler
Commission Agenda Item No. 5
Exhibit D
Site Map for Purtis Creek State Park Showing Location of Access Road
Commission Agenda Item No. 5
Exhibit E
Close-Up of Access Road Showing Adjacent Landowners
