Commission Agenda Item No. 11
Presenter: Corky Kuhlmann

Action
Right of Way Easement-Burnet County
Longhorn Cavern State Park
November 7, 2013

I.       Executive Summary:  Texas Parks and Wildlife Department (TPWD) has a request for a Right-of-Way (ROW) Easement at Longhorn Cavern State Park along Park Road 4.

II.          Discussion:  TPWD has received a request for a ROW easement off of Park Road 4 within the boundary of Longhorn Cavern State Park. This request is from an adjacent landowner needing to cross approximately 180 feet of park land to access his property. This easement will be structured as such to not facilitate commercial development.

III.    Recommendation:  The staff recommends the Texas Parks and Wildlife Commission consider 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. 11
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Sale of a Right-of-Way easement at Longhorn Caverns State Park along Park Road 4.

Resolution

Whereas, Texas Parks and Wildlife Department (TPWD) owns Right-of-Way (ROW) known as Park Road 4 which intersects with US Highway 281 approximately 8 miles north of Marble Falls, Texas, continuing through Longhorn Caverns State Park and Inks Lake State Park and intersects with US Highway 29 approximately 9 miles west of Burnet Texas; and,

Whereas, Park Road 4, Longhorn Caverns State Park and Inks Lake State Park were built by the Civilian Conservation Corps; and,

Whereas, Park Road 4 is a National Register Historic District; and,

Whereas, because of the Park Road 4 location winding through the Texas Hill Country and proximity to the Highland Lakes and scenic beauty of the area, it has become a desirable area for development.

Whereas, an adjacent private landowner owns property along the boundary of Longhorn Caverns State Park; and,

Whereas, said landowner divested himself of deeded access to said property; and

Whereas, said landowner has constructed a narrow drive across TPWD park land to gain access to Park Road 4; and

Whereas, said landowner is requesting and easement from Park Road 4 to his property along this driveway; and

Whereas, said easement area would be approximately 0.08 acre of land (the Subject Tract).

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) 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 the Subject Tract; and,

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that the sale of an easement over 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 grant an easement across the Subject Tract for the purposes and subject to the conditions described herein and in the motion approving in this Resolution.

Adopted and approved this 7th day of November, 2013.

________________________________
T. Dan Friedkin, Chairman

________________________________
Ralph H. Duggins, Vice-Chairman

________________________________
Roberto De Hoyos, Member

________________________________
Dan Allen Hughes, Jr., Member

________________________________
Bill Jones, Member

________________________________
James Lee, Member

________________________________
Margaret Martin, Member

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S. Reed Morian, Member

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Dick Scott, Member


Commission Agenda Item No. 11
Exhibit B

Burnet County

Burnet County


Commission Agenda Item No. 11
Exhibit C

Vicinity Map
Longhorn Cavern State Park

Vicinity Map - Longhorn Cavern State Park


Commission Agenda Item No. 11
Exhibit D

Site Map

Site Map


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