Save Haskin Park

Despite neighbor’s verbal and written objections since July 2016, the City of San Antonio Attorney’s office allowed Google Fiber Texas, LLC to proceed with the construction of a “Network Hut” on August 5, 2016 in Haskin Park.

The City, by (Master Lease Section 1.02) agreeing with Google that Haskin Park was an appropriate location to lease, grant easements and approve construction of a Network Hut has violated State Law, San Antonio Ordinances and Homeowner Deed Restrictions as described below:

1) Tex. Parks & Wild. Code Ann. § 26.001 states that before taking or changing the use of park land or a recreation area, the governing body of a municipality must first determine that:

“(a) there is no feasible and prudent alternative to the use or taking of such land; and (b) the program or project includes all reasonable planning to minimize harm to the land, as a park, recreation area …, resulting from the use or taking.”
No documentation has been offered to date indicating that “no Feasible and Prudent alternative” was available to the City that allowed it to Change the Use of Haskin Park.

2) San Antonio’s City Park Ordinance 22-28 states:

a) All public parks owned or operated by the city, …… shall be closed for all purposes at 11:00 p.m. each day and re-opened for public use at 5:00 a.m. each day.
b) “The department of parks and recreation shall have authority to set more restrictive hours of operation........... on a case by case basis but not to change the hours of the curfew violations as defined by this section.”
c) It shall be unlawful for a person to be in or on a public park in violation of this section.

The requirement stated in the Master Lease Agreement Exhibit C-4)1.) …..at 300 Haskin(Haskin Park) b.) …..”City will ensure that Tenant has such access to the Network Hut Site 24 hours a day, 7 days a week, and 365 days a year” is in direct violation of the Ordinance which says it is unlawful for a person to be in or on a public park in violation of this section, and as a result the City had no right to grant Google 24 hours a day access to Haskin Park.

3) Sherwood Park Subdivision Deed Restrictions in Use of Land

No noxious or offensive trade or profession shall be carried on in any structure upon any lot, nor shall anything be done thereon which may be or become an annoyance to the neighborhood.

Some reasons that locating a Hut in Haskin Park has created a permanent Annoyance are as follows:

1) Commercial HVAC with noise levels of 65dB at 20ft.
2) 24-hour access to huts, 365 days a year.
3) Loss of Park Green Space.
4) Safety Concerns for children using park.
5) Security concerns for homeowners.
6) Use of parkland by a for profit business.
7) Loss of functional utilization of 50% of Park.
8) Change in use of land Dedicated as a Park.