Presenters: Ted Hollingsworth

Commission Agenda Item No. 14
Action
Utility Easement - Bastrop County
Bluebonnet Electric Coop - 1 Acre at Buescher State Park
January 28, 2010

I. Executive Summary: Bluebonnet Electric Coop requests a new utility easement across Buescher State Park to service the M.D. Anderson Cancer Research Center.

II. Discussion: Bluebonnet Electric Coop (Coop) is currently providing electricity to M.D. Anderson Cancer Research Center across an easement in Buescher State Park originally issued by the Texas General Land Office in February 1977 with fees assessed at $2,533.22 for a ten-year term. The easement was renewed in 1987 at an assessment of $12,266.60, and again in 1997 at $12,266.60. The easement expired in February, 2007, and a renewal was recently issued for a ten-year term, with assessed fees of $18,999.00. The Coop has not accepted the terms of the easement.

Staff of Texas Parks and Wildlife Department (TPWD) has been working with Coop planners to identify a route for a new utility easement across the State Park to the research center. The requested easement is approximately twice the size of the existing easement and is intended to accommodate a significantly greater power supply to the facility. A new easement has been drafted in accordance with usual TPWD terms and conditions as recently presented to the TPW Commission in the Texas Parks and Wildlife Department Damage and Fee Schedule.

Bluebonnet requests that the easement be issued in perpetuity, and that damage and rental fees be waived. In an effort to accommodate both the Coop and the research center, staff proposed a lease with a ten-year term renewable for no less than two additional ten-year terms, with a fee assessment of $1,950.00 per term. The Coop has not accepted these terms. Staff seeks guidance from the TPW Commission regarding terms and conditions for the issuance of a new easement.

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

"The Executive Director is authorized to negotiate terms and conditions under which an easement may be granted, and to grant an easement, to Bluebonnet Electric Coop for the construction of buried electric service lines across Buescher State Park."

Attachments - 3

  1. Exhibit A - Location Map
  2. Exhibit B - Vicinity Map
  3. Exhibit C - Site Map

Commission Agenda Item No. 14
Exhibit A

Location of Buescher State Park in Bastrop County

Location of Bastrop County in relation to the State of Texas

For help in interpreting this map, please contact Ted Hollingsworth.


Commission Agenda Item No. 14
Exhibit B

Vicinity Map Showing Buescher State Park, 5 Miles North of Smithville

Vicinity of Buescher SP and Smithville, TX

For help in interpreting this map, please contact Ted Hollingsworth.


Commission Agenda Item No. 14
Exhibit C

Site Map of Buescher State Park Showing Requested Easement

Location of requested easements in relation to Buescher SP

For help in interpreting this map, please contact Ted Hollingsworth.


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