Commission Agenda Item No. 8
Presenter: Jason Estrella

Action
Grant of Utility Easement – Galveston County
Approximately 0.1 Acre at Galveston Island State Park
May 27, 2021

I.      Executive Summary:  Gulf Freeway Investments, LLC requests an easement on Galveston Island State Park (SP) for the installation and maintenance of an underground sanitary sewer line.

II.     Discussion:  Galveston Island SP was established in 1969 with the acquisition of 1,921 acres straddling the island, from its 1.6 miles of beachfront to its bayside bayous and marshes. It is a very popular destination for swimming, picnicking, birdwatching, and fishing.

In 1987, Texas Parks and Wildlife Department (TPWD) acquired approximately six acres from the Mitchell Development Corporation of the Southwest on the east end of Galveston Island SP, east of 13 Mile Road.  Gulf Freeway Investments, LLC is requesting an easement (equaling approximately 105 feet in length by 10 feet in width) along the north side of this tract for the purpose of installing an underground sanitary sewer line approximately three inches in diameter.  This line will be utilized to access a public sewer system for future mixed-use development south of the Pirates Beach subdivision adjacent to Galveston Island SP.  The line will be bored underground for its entire length across Galveston Island SP, and no trenching or other surface disturbance will occur. The TPWD staff believes there is no feasible and prudent alternative for the routing of this line due to surrounding residential development and finds that the method of installation will minimize impacts to the park.

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. 8
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Granting of an Easement Covering Approximately 0.1 Acre of Real Property in Galveston County for the Installation and Maintenance of an Underground Sanitary Sewer Line 

 

Resolution

            Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates Galveston Island State Park (SP) for a variety of recreation and conservation values, including restoration and management of coastal prairies and marshes that serve as significant habitat for a number of resident and migratory species, including waterfowl, shorebirds, and wading birds; and,

            Whereas, Gulf Freeway Investments, LLC is seeking to install an underground sanitary sewer line, approximately 3 inches in diameter, to access a public sewer system for future mixed-use development; and,

            Whereas, Gulf Freeway Investments, LLC requests an easement on Galveston Island SP for the installation and maintenance of said underground sanitary sewer line; and,

            Whereas, Gulf Freeway Investments, LLC has requested an easement of approximately 105 feet by 10 feet along the north side of a 6-acre tract owned by TPWD and managed as part of Galveston Island SP, perpendicular to 13 Mile Road; and,

            Whereas, Gulf Freeway Investments, LLC will compensate TPWD for the installation and maintenance of the proposed sanitary sewer line 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 which are published at least six days a week in the communities nearest to the SP in which such newspapers are published (Galveston County Daily News in Galveston 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);  (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 the 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 Gulf Freeway Investments, LLC for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

            Adopted and approved this 27th day of May, 2021.

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Commission Agenda Item No. 8
Exhibit B

Location Map for Galveston Island State Park in Galveston County

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Commission Agenda Item No. 8
Exhibit C

Vicinity Map for Galveston Island State Park (SP),
9 Miles Southwest of Galveston

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Commission Agenda Item No. 8
Exhibit D

Location of Requested Easement
Requested Easement Location in Yellow
Galveston Island State Park Outlined in Red

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Commission Agenda Item No. 8
Exhibit E

Map of Gulf Freeway Investments, LLC’s Requested Easement in Yellow
Galveston Island State Park Outlined in Red