Presenter: Jack Bauer

Commission Agenda Item No. 14
Action
Easement Assignments – Travis County
April 2002

I. Discussion: Between the summer of 1999 and the present, the Department has been involved in consideration of requests to install fiber optic conduit along Smith School Road at the Texas Parks & Wildlife Department (TPW) Headquarters. TPW owns the road. These construction activities relate to a significant fiber optic infrastructure development project through southeast Austin in Travis County. In August 2000, through Board for Lease for Parks and Wildlife Lands actions representing TPW, a miscellaneous easement (ME #20000012) was provided to Level 3 Communications, Inc. between Burleson Road along the east side of Smith School Road to their facility adjacent to Smith Elementary School. TPW staff recommended the construction following considerable due diligence investigation relative to resource impacts under conditions of “extreme urgency” as voiced by the applicants. In January 2001 an agreement to install fiber optic conduit were granted to MCI WorldCom Network Services, Inc. (as an assignment of the Level 3 easement) and XO Texas, Inc. along opposite sides of the same Smith School Road route. As part of the permit agreements, the permit applicants recommend conversion of the construction permits to permanent right-of-way easements. The Board for Lease for Parks and Wildlife Lands under Natural Resources Code § 34.064 may grant easements for right-of-way on TPW lands. The Board for Lease has traditionally respected recommendations of the Texas Parks and Wildlife Commission (Commission) relative to granting right-of-way easements on lands owned by TPW. The purpose of this Commission Item is to alert the Commission to this easement request and seek recommendations for the Board for Lease.

Two specific actions are requested for Commission consideration:

  1. MCI WorldCom Network Services, Inc. requests assignment of miscellaneous easement ME #20000012 granted to Level 3 Communications, Inc. to the requestor through the Board for Lease action (see Exhibit A). The consideration for this assignment is $25,000 for ten years.
  2. Per conditions agreed between parties in “CONSTRUCTION PERMIT AND CERTIFICATE OF OCCUPANCY” dated January 18, 2001 between TPW and XO Texas, Inc. (see Exhibit B), a permanent easement is requested through the Board for Lease action. The consideration for this easement is $75,000 for a period of 10 years.

II. Recommendation: Staff recommends that the Parks and Wildlife Commission adopt the following motions:

"The Executive Director is authorized to recommend to the Board for Lease for Parks and Wildlife Lands the granting of: (1) an easement assignment of existing easement ME #20000012 to MCI WorldCom Network Services, Inc. under all the existing terms and conditions set forth in that easement, and (2) an easement to XO Texas, Inc. incorporating all the terms and conditions existing in the “CONSTRUCTION PERMIT AND CERTIFICATE OF OCCUPANCY” dated January 18, 2001 between TPW and XO Texas, Inc. attached as Exhibit B.”

Attachments – 3

1. Exhibit A – Easement Assignment Request (Available upon request)
2. Exhibit B – Construction Permit (Available upon request)
3. Exhibit C – Fiscal Note (Available upon request)


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