Commission Agenda Item No. 7
Presenter: Ted Hollingsworth

Action
Relocation of Access Easement – Jack County
Approximately 2 Acres at Fort Richardson State Park and Historic Site
January 21, 2021

I.      Executive Summary: The staff recommends the relocation of an existing access easement serving an adjacent landowner at Fort Richardson State Park and Historic Site (SPHS) to reduce impacts to natural resources and site operations.

II.     Discussion: Fort Richardson SPHS consists of approximately 430 acres that protect the historic frontier fort of the same name. The fort was established in 1867 and protected military and public interests on the frontier until it was abandoned in 1878. Seven original buildings have been restored and are preserved at the site.

When the Texas Parks and Wildlife Department (TPWD) acquired the bulk of the site in 1970, the sellers reserved an access easement across the SPHS to maintain access to the remainder of their land lying south of the SPHS “for farming, ranching and hunting activities.” The current owner of the tract south of the SPHS plans to exercise the right to access that property by taking advantage of the easement reserved in the deed from 1970. The route referenced in the deed passes through public use areas and would require native vegetation removal and ground disturbance to deal with grade changes and drainage in order to provide viable access.

The staff has identified a preferred route that does not go through public use areas, follows relatively level grade, and requires only the removal of invasive brush and prickly pear. TPWD staff and legal counsel are negotiating with the adjacent landowner on a temporary entry and surface use agreement while the proposal to replace the deeded route with the preferred route is considered by the Texas Parks and Wildlife Commission.

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.”

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Commission Agenda Item No. 7
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Relocation of an Access Easement at Fort Richardson State Park and Historic Site in Jack County

Resolution

Whereas, the Texas Parks and Wildlife Department (TPWD) acquired approximately 430 acres of land in the City of Jacksboro in order to preserve the historic buildings, parade ground, and associated infrastructure of nineteenth century Fort Richardson; and,

Whereas, one of the tracts of land acquired in 1970 was encumbered by an easement allowing an adjacent landowner to cross the property acquired by TPWD in order to maintain ingress and egress to their property for “farming, ranching and hunting activities;” and,

Whereas, use of the 1970 easement by the adjacent landowner results in significant impacts to park operations and to natural resources; and,

Whereas, the adjacent landowner is willing to use an alternate route to get to their property, that will result in significantly less impact to Fort Richardson State Park and Historic Site (SPHS); and,

Whereas, rerouting the old easement will result in the extinguishment of about a one-acre easement in exchange for granting a new easement of about one acre; 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 a newspaper of general circulation which is published at least six days a week in the community nearest to the subject tract in which such newspapers are published (Fort Worth Star-Telegram in Jack 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 this land transfer; and,

Whereas, the Commission asserts that under PWC section  11.301, it has the authority to grant an easement required for the relocation of the subject access route; 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 approximately one acre that would result in the relocation of an access easement at Fort Richardson SPHS; and (2) the program or project that requires the use or taking of land includes all reasonable planning to minimize harm to the SPHS; and,

Now, therefore, the Commission authorizes the Executive Director to execute the easement necessary to effect a relocation of access routes for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 21st day of January, 2021.

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Commission Agenda Item No. 7
Exhibit B

Location Map for Fort Richardson State Park and Historic Site in Jack County

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Commission Agenda Item No. 7
Exhibit C

Vicinity Map for Fort Richardson State Park and Historic Site (SPHS) in Jacksboro

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Commission Agenda Item No. 7
Exhibit D

Site Map for Proposed Access Easement
State Park and Historic Site Outlined in Yellow
Deeded Access Shown in Red
Proposed Access Shown in Black