Committee Agenda Item No. 6
Presenter: Ted Hollingsworth

Action
Disposition of Land – Parker County
Sale of 12.4± Acres at Lake Mineral Wells State Trailway
May 26, 2011

I.       Executive Summary:  Union Pacific Railroad wishes to exercise its contractual authority to buy back a portion of the Lake Mineral Wells State Trailway for development for railroad operations.

II.      Discussion:  The Lake Minerals Wells State Trailway is a former right-of-way for the Missouri Pacific Railroad, acquired in 1996, for the purpose of creating a 20-mile hike/bike/equestrian corridor connecting Weatherford in Palo Pinto County and Mineral Wells in Parker County.  The deed which transferred the land to TPWD included the provision that the railroad company or its assigns could buy back any portion of the trailway at any time for railroad purposes, by paying the Department appraised value plus the cost of any improvements which had been made.

Union Pacific Railroad would like to exercise this provision in the deed and buy back a segment of the trailway near Mineral Wells approximately one mile in length.  This portion of the railway has not been improved for public use, still sporting the ties and rails last used in the early 1990’s.

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

“The Commission adopts the Resolution attached as Exhibit A.”

Attachments — 5

  1. Exhibit A — Resolution
  2. Exhibit B – Location Map
  3. Exhibit C – Vicinity Map
  4. Exhibit D – Site Map
  5. Exhibit E – Project Area Map

Commission Agenda Item No. 6
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Sale of Approximately 12.4 Acres of Real Property in Parker County

Whereas, Union Pacific Railroad Company (Union Pacific) has requested authorization to purchase approximately 12.4 acres of land, comprising a terminal section of the Lake Mineral Wells Trailway (the Trailway) in Parker County Texas (the Subject Tract); and,

Whereas, in 1995, Texas Parks and Wildlife Department (TPWD) purchased approximately 259 acres of abandoned railroad right-of-way from the Missouri Pacific Railroad Company for the purpose of developing and operating the Trailway; and,

Whereas, in the deed of conveyance to TPWD, the Missouri Pacific Railroad reserved to itself “the right to repurchase the Property at any time”; and,

Whereas, the 12.4 acre tract of land is not currently being used by TPWD as part of the Trailway; and,

Whereas, in 1997 the Missouri Pacific Railroad Company legally merged into the Union Pacific Railroad Company; and,

Whereas, the Texas Parks and Wildlife Commission (the Commission) finds that as required by Parks and Wildlife Code, Chapter 26, notices of today’s hearing of this matter were published at least once a week for three consecutive weeks in a newspaper of general circulation which is published at least six days a week in the community nearest to the Subject Tract in which such newspapers are published (Mineral Wells Index in Parker 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 that such notices specified the date and time at which the Commission would hear testimony regarding the Easement; and,

Whereas, Union Pacific has agreed to have the Subject Tract surveyed and appraised, and to compensate TPWD for the Subject Tract at fair market value as appraised; and,

Whereas, the Commission finds, in accordance with Parks and Wildlife Code, Chapter 26, that there is no feasible and prudent alternative to the use or taking of such land (the Subject Tract);  and,

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that sale of the Subject Tract is in the best interest of TPWD; and,

Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to sell the Subject Tract for the purposes and subject to the conditions described herein and in the motion approved in this Resolution.

Adopted and approved this 26th day of May 2011.

________________________________
Peter M. Holt, Chairman

________________________________
T. Dan Friedkin, Vice-Chairman

________________________________
Ralph H. Duggins, Member

________________________________
Antonio Falcon M.D., Member

________________________________
Karen J. Hixon, Member

________________________________
Dan Allen Hughes, Jr., Member

________________________________
Margaret Martin, Member

________________________________
S. Reed Morian, Member

________________________________
Dick Scott, Member


Commission Agenda Item No. 6
Exhibit B

Location Map for Lake Mineral Wells Trailway in Parker County


Committee Agenda Item No. 6
Exhibit C

Vicinity Map for Mineral Wells Trailway Weatherford to Mineral Wells


Committee Agenda Item No. 6
Exhibit D

Site Map Showing Segment Requested by Union Pacific


Committee Agenda Item No. 6
Exhibit E

Site Map Showing Segment Requested by Union Pacific












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