Christmas Mountains

[Boojum1]

SAVING THE BLUE DISTANCE
June 2-6 during Morning Edition

http://kut.org/items/tag/mountains

Broadcast is at 7:33 am for out-of-Austinites who wish to live stream the audio.

The first one this morning was a nice intro. 

[SHANEA]

Patterson at his wisecracking best

[SHANEA]

5728 feet, 1746 meters:  Christmas Mountains High Point, Texas

[SHANEA]

Patterson Still Wants To Sell Our Public Lands

[SHANEA]

If you love the Big Bend region of Texas as much as I do, you've been by turns astonished, dismayed, and pissed off by the comical attempts of Land Commissioner Jerry Patterson to sell the Christmas M0untains in West Texas to the highest (or whatever) bidder.

[colorado]

according to terlingua ranch yahoo group....there is a proposal for a lease between glo and tr for christmas mountains.   http://f1.grp.yahoofs.com/v1/oNaLSLeaJ9d0n8OkotOErNwop9f5cifv2SFpyz0D2zdmqBhRvOZamtDTcGGSEdpUi-9pnJP18zdCWSIX29imb5XLbI1M4hyc/PROPOSED%20GLO%20CHRISTMAS%20MTS%20LEASEA.pdf

[RichardM]

according to terlingua ranch yahoo group....there is a proposal for a lease between glo and tr for christmas mountains.   http://f1.grp.yahoofs.com/v1/oNaLSLeaJ9d0n8OkotOErNwop9f5cifv2SFpyz0D2zdmqBhRvOZamtDTcGGSEdpUi-9pnJP18zdCWSIX29imb5XLbI1M4hyc/PROPOSED%20GLO%20CHRISTMAS%20MTS%20LEASEA.pdf

Is this the correct URL? It came up "Document not found" for me. And am I correct in assuming you're referring to the following group?
http://groups.yahoo.com/group/terlinguaranch/

I joined the group, but couldn't find the file there anywhere.

Update: the file is posted to the http://groups.yahoo.com/group/terlingua/ group and can be found in the files section, for those who wish to sign up for their group.

Further update: the file is now also available to members of http://groups.yahoo.com/group/terlinguaranch/

[colorado]

it was a group called terlingua@yahoogroups. i downloaded file but it is too large.

[Red Hawk]

This was posted on TerlinguaRanchDueno s this morning from a TR property owner:


"I missed the Fri. workshop and Pattersons presentation but I talked with quite a few folks afterwards and I got a copy of the proposal. Here is a synopsis of the DRAFT lease between POATRI (Grantee) and the state of Texas by and through the GLO (Grantor). My comments are to the best of my understanding. (Sorry I don't have a scanner here)

Premises: Sections 89-96, 128-132, 167 and 168. Total acres 9269.60.

Uses: The premises may be used by the Grantee, its guests and invitees..., solely for recreation. "Recreation" means low impact, non invasive uses, including fishing(?), horseback riding, hiking, camping, birding, photography... but not hunting. (see below re. hunting)

Special Conditions:

i)The Grantor reserves the right to authorize a limited number of individuals or associations to use the Premises for hunting purposes. The grantee agrees that such use is reasonable and not inconsistent with the Grantees use of the premises... Grantee agrees to provide access to such persons as described below.

a)Number of individuals or associations will be determined by the Grantor on a case by case basis depending on the type of hunting... and the time of year...

b)...hunting... will be limited to... bow and arrow, black powder muzzle loaders and shotguns.

c)...in accordance with all applicable Texas Parks and Wildlife rules and regulations.

ii)Grantee shall develop and impliment a sign-in registration system...that will facilitate public use of the Premises by the Grantee, its guests and invitees and others... authorised to use the Premises as provided herein (section i) ) Appropriate signage shall be placed to direct the public from State highway 118 to the Terlingua Lodge where a registration station will be located.

iii)...Grantee shall provide or arrange a reasonable pedestrian and vehicular access foute from the TR Lodge to the Premises at a point on the east boundary of Section 91 that allows...access [to] the existing road/jeep trail across the premises. All motorized vehicle use on the premises must comply with the Gift Deed.

iv) Grantee may repair existing road/jeep trails to allow access in conjunction with defined recreational uses and consistant with the Gift Deed and the NPS Special Document. Grantee agrees that public use of the premises persuant to the NPS Special Document is reasonable and not inconsistant Grantees use of the Premises...

Effective and Termination Dates

This agreement is for a term of 5 years. Commencing 08/01/2008... The Grantor may extend this Agreement for an additional 5 years...

Payments and/or Fees...shall be Ten and 00/100 dollars ($10.00) and other good and valuable consideration as described herein.

So - my take: If the BOD accepts this DRAFT Agreement, access to the Christmas Mountains preserve is limited to guests and invitees of POATRI and GLO only, for low impact recreation.

Access is limited to the section 91 road beyond the air strip SW of the lodge. NOT LAKE AMENT.

Hunting privileges will be allowed but limited to guests and invitees of POATRI and GLO and only low velocity, short range arms (bow, black powder and shotgun) and as appropriate to wildlife balance and rules.

Costs; Lease: $10.00 for five years.

Taxes: <$1.00 per year. Taxes are figured on the value of the lease, not the value of the property.

Insurance: As yet to be determined but probably little to no additional cost to POATRI. As this use is already covered.

Liability: Same as for the Parks or for a trespasser on your own land: Unless you deliberately set out to cause harm, there is no additional exposure. If someone falls off a cliff (even if there is no sign; "Danger of Falling Off Cliff") POATRI is not liable. If someone falls into a pit trap set into the trail, POATRI is liable.

Concerns: Several POs especially on the proposed access route are concerned about increased road use, noise and trash. Also my guess is there would probably be additional clerical and monitoring work for POATRI.

Advantages: Depending on usage there could be considerable additional income to the Lodge cabins and restaurant. POATRI has control of access and uses.

Now, a great effort must made by the BOD to communicate this proposal to all POs. All PO input must be considered.

The concerns of the directly effected POs need to be considered and every effort made to mitigate the impact upon their property and lives.

In my opinion, I believe we are being handed a tremendous gift and a great opportunity: Preservation and access to our own beautiful backyard preserve, something which has been denied in recent years. And control of its use, at a VERY LOW COST to POATRI.

This is still a DRAFT lease proposal and negotiations are not concluded. but if we don't take it, someone else will and we will lose control."


My opinions:

It has the Patterson stamp of allowing hunting but in a very controlled and limited way. Terlingua Ranch will govern access from the north but access is not limited to Ranch property owners. This makes sense to me as the area is surrounded by Terlingua Ranch and has effectively been a part of the ranch since it was developed. In recent years access was denied by individual property owners. The new lease provides a known and controllable access point without issues of private property and easements. Access will be easier from the Lodge than from the Park but it still not be any cake-walk. I suspect that usage will be very low after initial curiosity wanes. Under this arrangement the Christmas Mountains will hopefully remain as wild as ever.

[TheWildWestGuy]

Sounds like it could be a good thing especially if "guests" can get (buy) a day-use or overnight permit from the TR Lodge.  I didn't see anything about ground fires but that is certainly something that would need to be worked out.  I like the restrictions on hunting weapons -it satisfies Jerry without opening it up to deer rifles or handguns and will probably be a lot safer and less annoying for the locals.    I could see myself staying at the lodge and venturing on dayhikes and 4WD trips up into the Xmas Mtns sometime in the future... TWWG

[SHANEA]

This is from the TRANCHO message board from Yahoo.  Lots of buzz about this.  Of course, might be a moot point in the ranch, swimming pool, etc. are shuttered.  I'm working on getting the 16 page proposed lease.

5.   The GLO (General Land Office) meet with the board on July 25, 2008. Julianne Braun reported the following:

“Jerry Patterson of the GLO presented a draft copy of the tentative Christmas Mountains Lease. The GLO wants to lease the Christmas Mountains to POATRI for $10. The owners who spoke were livid about POATRI granting an access easement, which they don't own, across the private property of members.”

“Also of note, the lease states that POATRI gets no, none, zero
hunting rights, but hunting rights are reserved for the GLO. I've
seen special purpose hunting permits costing close to a hundred
grand for a single hunt. Of course, that was not around here.”

A copy of the 16 page proposed lease has been obtained and is attached. It states that POATRI would have to pick up all trash, maintain the roads, pay taxes on the land, and provide insurance. Property owners could visit the land, but not hunt on it. The board announced that the property owners will not be allowed to vote on this proposal. The board will decide if they want it approved. The board and Operations Manager think that the lease could increase resort business. I think that the board should try for a better deal from the GLO.  Also  an  email by Jim Dunn is attached concerning the proposed lease.

Dear Mrs. Demetri, members of the Board and General Manager Alida Lorio:

I have just finished reading through the Surface Lease that was presented by Mr. Patterson of the GLO on Friday 26 July 2008 at the quarterly workshop to POATRI for tentative approval of the Board. I am very concerned by several aspects of his proposal.

Paragraph 2.04 reserves the right for all of GLO employees and all persons they authorize including the general public, to all the same uses as granted to the property owners of Terlingua Ranc in addition to hunting privileges for the GLO and all persons that the GLO authorizes.

Taken from (Uses of Property)  POATRI can use the property for Recreation which means low impact, non invasive uses including fishing, horseback riding, hiking, camping, birding, photography and like kind or related uses but not hunting.

Paragraph 2.02 requires POATRI to remove and dispose of all trash generated by POATRI members and all GLO guests including the general public, at POATRI's expense.

Paragraph 6.08 requires POATRI to pay all the taxes assessed even though we are renting as described under Paragraph 4.02.

Paragraph 6.13 requires POATRI to insure the property for an amount specified by the GLO. Does this mean that we are to insure against liability for the GLO's general public and the GLO's employees who use it?

Special Conditions ii requires POATRI to set up a registration station under GLO's guidelines that will be responsible to register all who visit the Christmas Mt. including all POATRI members, GLO employee's and the general public at POATRI's expense. POATRI must also erect a sign at the intersection the ranch road and 118 directing the public down the ranch road.

Paragraph 2.02 c iii says that POATRI is solely responsible for any repairs, maintenance or replacement to the improvements that the GLO considers necessary at POATRI's expense. Are roads considered improvements? This paragraph goes on to say that if POATRI does not comply with the GLO's request that the GLO will do it and POATRI must pay the bill

Paragraph 2.05 gives license for any and all state employees and their representatives to access the Christmas Mt. over and across any adjacent property (full perimeter) and further more it states that and I quote "Any aforementioned right of entry shall survive the termination of this contract" I guess this means that they can use the property owners land from now on even if there is no contract enforce.

Paragraph 6.04 is very interesting it charges POATRI with the sole responsibility of policing the entire Christmas Mountain Range. It also states that at POATRI's expense will comply with all state federal and municipal code rules ordnances etc.

Special Conditions iii & iv says that POATRI gives the GLO and the General Public access across Terlingua property owners land without the property owners ok which includes the last three miles of the main road and access from the lodge to the Christmas Mountains

Question: Is the Road Commercial Use Report still effect?

This report was posted in the Newsletter 3rd Quarter 2002 and in part states: All roads in Terlingua Ranch are private Property Owner roads not public roads. POATRI owns no roads other than the roads that access the lodge and one water well. POATRI has ingress and egress to all other roads for maintenance & utilities.

Question: If in fact you decide to sign the Lease agreement as written what gives you the right to give the State of Texas to assess all adjacent lands to the Christmas Mountains from now on with out the permission of each and every land owner involved. They are not talking about roads as there are not roads across the majority of the lands at the present time they are talking about crossing at any locating they want.

This lease is very bad and is not cost effective for POATRI we will get very limited benefits and very much liability, according to the lease Paragraph 2.04 everyone, the general public included, has the same rights as POATRI members for use why should POATRI sign an agreement that makes us, POATRI, liable for total operation at zero cost to the State as a matter of fact we have to pay them $10 for the privilege of being totally liable.

These are just the highlights of the bad stuff.

Thank You
Jim Dunn
 
The lease is attached

[SHANEA]

I have received the 16 page file from the GLO and will be posting it in five parts due to it's size.

[SHANEA]

Page 16

[SHANEA]

Pages 13-15

[SHANEA]

Pages 9-12