Presenter: Jack Bauer

Commission Agenda Item No. 16
Right-of-Way Easement Request –
Nacogdoches County
Alazan Bayou Wildlife Management Area
April 2006

I. Executive Summary: This item represents a staff recommendation for consideration by the Texas Parks and Wildlife Commission (Commission) to the Board for Lease for Parks and Wildlife Lands to approve the establishment of a right-of-way (ROW) easement for pipeline operation at Alazan Bayou Wildlife Management Area.

II. Discussion: Angelina Gathering Company, LLC has requested use of a portion of real property at Alazan Bayou Wildlife Management Area (ABWMA) to construct a six inch pipeline and operate the line for the transfer of natural gas within a designated ROW easement. TPWD staff has provided a surface use agreement to survey the proposed easement and issued a construction license to bore and install the line under the facility. The proposed easement length is 54.55 rods. A fee of $30 per rod for a distance of 54.55 rods for a total of $16,365.00 has been collected as part of the construction permit. Vegetation removal will not be allowed within the easement and surface soil disturbance is not anticipated. Staff recommends the Commission recommend the Board for Lease for Parks and Wildlife Lands approve the easement for a period of 10 years.

Recommended restrictions to the easement are included as Exhibit A.

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

"The Executive Director is authorized to recommend the Board for Lease for Parks and Wildlife Lands assign a ROW easement to Angelina Gathering Company, LLC to operate a six inch natural gas pipeline along the route designated in Exhibit A at Alazan Bayou WMA, at a minimum rate of $30.00 per rod for a 10-year term, incorporating the restrictions set out in Exhibit A."

Attachments - 2

  1. Exhibit A - Restrictions
  2. Exhibit B - Locator Map

Commission Agenda Item No. 16
Exhibit A

Restrictions on Activities

This Exhibit contains terms and conditions staff recommends be included in a ROW easement for pipeline construction and operation across a portion of the Alazan Bayou WMA, in the L. H. Marshburn Survey, Abstract A-871. These terms and conditions, if approved by the Commission, shall be forwarded to the Board for Lease of Parks and Wildlife Lands:

The lease shall contain the following provisions:

The pipeline will be installed by Horizontal Directional Drill, beginning at a point at least 700 feet north of Grantor's property, and ending at a point south of and across the Angelina River from Grantor's property, and at all points will be no less than 30 feet below the surface of Grantor's property. Upon installation of the pipeline, Grantee shall have the non-exclusive right to use and access the 30-foot wide section of the surface of Grantor's property that extends 15 feet on each side of the pipeline. The surface of Grantor's property will in no way be disturbed, except that Grantee will install permanent surface markers, at reasonable intervals, disclosing the presence and location of the pipeline.

The consideration for this grant is the payment in advance of $16,363.63.

The TERM of this grant shall be one year from the date hereof, PROVIDED, however, that the Texas Parks and Wildlife Commission will at its April 6, 2006, meeting, consider Grantee's application for a permanent easement, which shall include the Special Conditions set forth in the attached Addendum, to replace this Construction Permit and Certificate of Occupancy, and upon the Commission's approval and the issuance of an easement by the Board for Lease for Parks and Wildlife Lands, this Permit and Certificate will expire on the effective date of the easement.

Grantor expressly reserves for itself, its successors or assigns, all rights to use the land on which the rights herein granted are located for purposes that do not interfere with the exercise by Grantee of the rights hereby granted.

Grantor agrees that all equipment installed in and under the above-described strip of land at the expense of Grantee, shall remain the property of Grantee, removable at Grantee's option, provided such equipment can be removed without entering the surface of the land.

Grantee shall hold harmless and unconditionally indemnify Grantor against and for all liability, claims, and costs which Grantor may suffer or sustain or become liable for by reason of any accidents, damages or injuries either to the persons or property or both, of Grantee, or of the employees of either party, or of any other parties, or to the property of Grantor, in any matter arising from the work performed, including but not limited to any negligent act or omission of Grantor or its employees.

This grant shall be binding upon legal representatives, successors, and assigns of the parties hereto.

Commission Agenda Item No. 16
Exhibit B

Locator Map

This image is a representation of where the proposed pipeline easement right-of-way lies in relation to Alazan Bayou Wildlife Management Area

For help in interpreting this map, please contact Jack Bauer.