Commission Agenda Item No. 16
Presenter:  Corky Kuhlmann

Action
Land Sale and Trade – Bastrop County
January 24, 2013

I.       Executive Summary:  Texas Parks and Wildlife Department Staff (TPWD) is seeking to resolve boundary line discrepancies along Park Road 1C between Bastrop and Buescher State Parks.

II.      Discussion:  As a result of the Bastrop area fires, Texas Parks and Wildlife staff surveyors have been requested to survey the right-of-way of Park Road 1C, a scenic corridor between Bastrop and Buescher State Parks, for the purpose of establishing boundary lines and rebuilding fence.  During the course of this surveying there were fence and boundary line discrepancies discovered that will need to be resolved, of which two will be presented.

Item 1 will be a land trade in which TPWD will be deeded approximately 3.5 acres in exchange for approximately 1 acre of park land deeded to an adjacent landowner.

Item 2 represents a land sale of approximately 0.50 acre of park land to an adjacent landowner. 

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

“The Commission adopts the Resolutions attached as Exhibit A and Exhibit A1.”

Attachments — 5

  1. Exhibit A – Resolution
  2. Exhibit A1 — Resolution
  3. Exhibit B — Location Map
  4. Exhibit C – Vicinity Map
  5. Exhibit D – Site Map

Commission Agenda Item No. 16
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Trade of Approximately 3.50 Acres for 1.00 Acre of Real Property in Bastrop County

Resolution

Whereas, Texas Parks and Wildlife Department (TPWD) owns a 500’ Right-of-Way (ROW) know as Park Road 1 between Bastrop and Buescher State Parks; and,

Whereas, after the 2011 Bastrop Complex fire TPWD staff surveyors were tasked to reestablish the boundaries of this ROW; and,

Whereas, during the course of this survey work fence line discrepancies were discovered along fences that had been in place for many years; and,

Whereas, in one area of discrepancy TPWD had 3.5 acres of privately owned land under fence; and,

Whereas, an adjacent private landowner had 1 acre of TPWD State Park land under fence; and,

Whereas, both TPWD and the private landowner desire to leave the fence in place and establish the fence line as the true boundary, the parties have agreed to trade property with TPWD receiving 3.5 acres and the private landowner receiving 1 acre (the Subject Tracts).

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 Tracts in which such newspapers are published (Austin American-Statesman, Travis County and the Bastrop Advertiser Bastrop 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 trade; 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 1 acre Tract); and,

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that the trade of the Subject Tracts 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 trade the Subject Tracts 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 January, 2013.

________________________________
T. Dan Friedkin, Chairman

________________________________
Ralph H. Duggins, Vice-Chairman

________________________________
Antonio Falcon, M.D., Member

________________________________
Karen J. Hixon, Member

________________________________
Dan Allen Hughes, Jr., Member

________________________________
Bill Jones, Member

________________________________
Margaret Martin, Member

________________________________
S. Reed Morian, Member

________________________________
Dick Scott, Member


Commission Agenda Item No. 16
Exhibit A1

A Resolution by the Texas Parks and Wildlife Commission regarding the Sale of Approximately 0.493 Acre of Real Property in Bastrop County

Resolution

Whereas, Texas Parks and Wildlife Department (TPWD) owns a 500’ Right-of-Way (ROW) know as Park Road 1 between Bastrop and Buescher State Parks; and,

Whereas, after the 2011 Bastrop Complex fire TPWD staff surveyors were tasked to reestablish the boundaries of this ROW; and,

Whereas, during the course of this survey work there was a boundary line discrepancy discovered along the ROW; and,

Whereas, this discrepancy was the result of long standing deed/subdivision records, recorded in the Bastrop County Clerk’s Office; and,

Whereas, the private landowner 15 years ago purchased property and built a residential household (home, carport, out buildings and well house) in good faith according to the recorded subdivision plat; and,

Whereas, after the TPWD discovery of incorrect subdivision plat and the field survey was completed according to TPWD deeds it was determined that the landowner’s carport, out building, well and well house was in the TPWD ROW; and,

Whereas, TPWD has determined a sale of approximately 0.493 acre (the Subject Tract) would resolve this issue; 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 (Austin American-Statesman, Travis County and the Bastrop Advertiser Bastrop 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 sale; and,

Whereas, the landowner 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 24th day of January, 2013.

________________________________
T. Dan Friedkin, Chairman

________________________________
Ralph H. Duggins, Vice-Chairman

________________________________
Antonio Falcon, M.D., Member

________________________________
Karen J. Hixon, Member

________________________________
Dan Allen Hughes, Jr., Member

________________________________
Bill Jones, Member

________________________________
Margaret Martin, Member

________________________________
S. Reed Morian, Member

________________________________
Dick Scott, Member


Commission Agenda Item No. 16
Exhibit B

Location Map
Bastrop County


Commission Agenda Item No. 16
Exhibit C

Vicinity Map
Bastrop, Buescher State Park


Commission Agenda Item No. 16
Exhibit D

Site Map
Bastrop-Buescher State Parks


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