Liberty County approves exercise of option to accept 37.78-acre donated tract from solar developer

Liberty County Commissioners Court voted April 8 to exercise a contractual real-estate option that will allow the county to accept a donation of roughly 37.78 acres from Liberty County Solar Project LLC.

The action authorizes the county to proceed with closing the donated tract and directs the county judge and staff to execute the documents needed to complete the transaction. Outside counsel said the option must be exercised by April 30 and that any closing would take place within 60 days of that trigger.

County outside counsel Chuck Kimbrough of Bickerstaff told the court the parcel is described in the economic development agreement and in the survey exhibit as a centerline 300-foot strip (150 feet either side of center) and equals the acreage listed in the agenda. Kimbrough said, “That option ends on the thirtieth of this month,” and noted the contract requires the court to provide specific language and a proposed closing date when it exercises the option.

Catherine (McCarty), present for legal matters, and Kimbrough described environmental and suitability testing completed for the tract. Kimbrough said the consultants performed a Waters of the United States analysis, an endangered-or-threatened-species check and a cultural-resources review for potential historic/archaeological items; he summarized the reports as showing low risks and as supporting the county’s ability to move forward with the option exercise.

Court discussion framed the donation as part of a longer-term plan to create a connector road (often referenced as River Ranch Parkway or River Ranch area road) that would improve east–west access south of Dayton and potentially reduce traffic through Dayton. Commissioners noted the donation would create a corridor that could be used for a public road but that the county is not committing to construct the road with county funds as part of this vote.

The motion approved by the court directed the county judge to perform tasks and sign documents necessary to exercise the option and to proceed with closing. The court approved the motion by voice vote with no recorded negative votes.

County staff and outside counsel said routine closing costs and additional targeted geotechnical testing required for road construction would be considered later if the county pursues roadway construction. Kimbrough noted that if the road project does not proceed, the county would hold fee simple title (minerals reserved) and could lawfully use the land for other authorized public purposes or dispose of it according to county policy.

The court’s approval adopts the proposed vote order prepared by counsel to memorialize the exercise of the option in the county’s real-property records as well as in the minutes.

Moving forward, Kimbrough said he will coordinate with county staff on closing documents and notify the company that the county has exercised the option.