Commission Agenda Item No. 5
Presenter:  Corky Kuhlmann

Action
Land Sale-Brazoria County
May 24, 2012

I.       Executive Summary:  Texas Parks and Wildlife Department staff (TPWD) is seeking approval to sell approximately 2.44 acres along the San Bernard River in Brazoria County.

II.      Discussion:  In 2003, the TPWD Artificial Reef Program purchased 2.44 acres in Brazoria County with the intention of using the property for the storage of artificial reefing materials.  The property is located on the San Bernard River, has a fishing pier, boat basin, and steel bulkheads. Shortly after obtaining the property, the San Bernard River silted-in (entrance/exit to the Gulf of Mexico) making boat/barge traffic difficult.  The river was dredged by the U.S. Army Corps of Engineers several years later but continues to silt-in on a regular basis.  In 2011, the Artificial Reef Program (working through the TPWD Infrastructure Division) contracted for a feasibility study to improve the property for storage of reefing materials.  The results of this study concluded that the intended use of this site is not feasible.

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-4

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


Commission Agenda Item No. 5
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission regarding the Sale of
Approximately 2.44 Acres of Real Property in Brazoria County

Whereas, in 2003, Texas Parks and Wildlife Department (TPWD) purchased approximately 2.44 acres of land (the Property) in Brazoria County along the San Bernard River (the River) providing gulf access for the TPWD Artificial Reef Program for the purpose of storage of artificial reefing materials and shipping same to areas in the Gulf of Mexico; and,

Whereas, shortly after obtaining the property, the San Bernard River silted-in at the entrance/exit to the Gulf of Mexico making boat/barge traffic difficult; and,

Whereas, the River was dredged by the U.S. Army Corps of Engineers but continues to silt-in; and,

Whereas, in 2011, the Artificial Reef Program contracted with Klotz Associates to conduct a feasibility study and issue a report regarding improvements to the Property for storage and transporting of reefing materials; and,

Whereas, the report highlighted the fact that the River continues to silt-in, wetlands have increased, and continued dredging would be necessary to use the Property for the purposes for which it was acquired;  and,

Whereas,TPWD staff has determined that continued ownership of the Property is no longer feasible or desirable;

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 Property in which such newspapers are published (The Facts —  Brazoria, 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 proposed sale of the Property; and,

Whereas, on May 17, 2012 the TPWD staff held a public meeting in the area of the Property to seek public input on the proposed sale of the Property with the time and location of the meeting being advertised in a local newspaper for three consecutive weeks.

Whereas, the Commission finds the Property was not acquired for use as a state park or wildlife management area and has not been used as a state park or wildlife management area; and,

Whereas, the Commission finds that (1) there is no feasible and prudent alternative to the use or taking of such land; and, (2) the program or project that requires the use or taking of land includes all reasonable planning to minimize harm to the Property; and

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that sale of the Property 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 Property for the purposes and subject to the conditions described herein and in the motion approving in this Resolution.

Adopted and approved this 24th day of May 2012.

________________________________
T. Dan Friedkin, Chairman

________________________________
Bill Jones, Member

________________________________
Ralph H. Duggins, Vice-Chairman

________________________________
Margaret Martin, Member

________________________________
Antonio Falcon M.D., Member

________________________________
Karen J. Hixon, Member

________________________________
S. Reed Morian, Member

________________________________
Dick Scott, Member

________________________________
Dan Allen Hughes, Jr., Member


Commission Agenda Item No. 5
Exhibit B

Location Map
Brazoria County


Commission Agenda Item No. 5
Exhibit C

Vicinity Map
Artificial Reef Program Tract


Committee Agenda Item No. 5
Exhibit D

Site Map
Artificial Reef Program Tract


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