Presenter: Ann Bright
Ted Hollingsworth

Commission Agenda Item No. 16
Action
Pending Litigation Involving Smith School Road
Travis County
Public Dedication and Transfer of Smith School Road
TPWD Headquarters Complex
January 25, 2007

I. Executive Summary: The Texas Parks and Wildlife Department (TPWD) is the defendant in a lawsuit involving driveway access to Smith School Road at TPWD's headquarter complex. (Telecom Park, L.P. v. Texas Parks and Wildlife Department, Cause No. D-1-GN-06-001844, in the 201st District Court of Travis County, Texas). TPWD staff, through the Office of the Attorney General has negotiated a tentative settlement agreement with the Plaintiff.

II. Discussion: Telecom Park, L.P. (Telecom), the owner of land on the south side of Smith School Road at TPWD's headquarters complex, is seeking multiple driveways onto Smith School Road. As part of this effort, Telecom filed a lawsuit against TPWD seeking a determination that Smith School Road is a public road and that Telecom is entitled to an easement to access the road. The parties have reached a tentative settlement agreement. Part of the proposed settlement agreement calls for the transfer of Smith School Road to the City of Austin. Commission approval is required to transfer title and control of Smith School Road to the City of Austin. Staff has provided public notice and has solicited public comment regarding this transaction.

Staff will be recommending that the Commission adopt the following motion:

"The Texas Parks and Wildlife Commission finds that ownership of Smith School Road is no longer in the best interests of the Texas Parks and Wildlife Department and authorizes the Executive Director to take all necessary steps to transfer title and control of Smith School Road to the City of Austin, contingent upon acceptance by the City of Austin, and settlement of the lawsuit styled Telecom Park, L.P. v. Texas Parks and Wildlife Department."

Attachments - 1

  1. Exhibit A – Location Map

Committee Agenda Item No. 16
Exhibit A

Location Map

Location of Smith School Road in relation to Telecom Park and TPWD Headquarters

For help in interpreting this map, please contact Corky Kuhlmann.


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