Presenter: Jack Bauer

Commission Agenda Item No. 13
Action
Easement Request – Presidio County
April 2004

I. Executive Summary: This item is a request for the recommendation by the Texas Parks and Wildlife Commission (Commission) to the Board for Lease for Parks and Wildlife Lands to issue a right-of-way (ROW) easement to Big Bend Telephone Company, Inc. (BBTEL) across Big Bend Ranch State Park (BBRSP) for the purpose of supplying underground fiber optic cable telephone service to the park and downstream customers.

II. Discussion: The Board for Lease for Parks and Wildlife Lands under Natural Resources Code § 34.064 may grant easements for ROW across Texas Parks and Wildlife Department (TPWD) lands. The Board for Lease has traditionally respected recommendations of the Commission relative to granting ROW easements on lands owned by TPWD. The purpose of this Commission Item is to alert the Commission to an easement request by BBTEL across a portion of BBRSP and seek recommendations for the Board for Lease. BBTEL supplies the park telephone service as well as other customers downstream from the park. The easement will provide a location for an underground fiber optic cable.

An earlier easement which combined BBTEL and West Texas Utilities (AEP) for an existing ROW Easement (Texas GLO ME No. 82-277) expired on January 8, 1993 and was not renewed. In addition the easement did not provide for the burying of fiber optic cables along the route. TPWD staff has coordinated the accurate identification of the existing route and desired route that takes into account known cultural resources and operational issues. This new easement primarily follows existing operational AEP overhead electric transmission line shown on Exhibit A.

III. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Executive Director is authorized to recommend the Board for Lease for Parks and Wildlife Lands to issue a right-of-way easement to Big Bend Telephone Company, Inc. along a route described in Exhibit A with restrictions identified in Exhibit B.”

Attachments – 3
1. Exhibit A – Route Identification
2. Exhibit B – Restrictions
3. Exhibit C – Fiscal Note


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