Commission Agenda Item No. 4
Presenter:  Ted Hollingsworth

Action
Definition of Existing Easement–Harris County
Pipeline Corridor at San Jacinto Battleground State Historic Site
August 30, 2012

I.       Executive Summary:  Surveys associated with a request from Chevron Phillips Chemical Company LP (Chevron) to expand an existing pipeline corridor at San Jacinto Battleground State Historic Site (San Jacinto) revealed that a 10” pipeline installed in 1969 lies partially outside the easement granted in 1969.

II.      Discussion:  San Jacinto, located 20 miles east of downtown Houston, consists of just over 1,000 acres, centered on the campsites and primary field of battle where a volunteer Texan army defeated a numerically superior Mexican army to wrest independence from Mexico on April 21, 1836.

Today San Jacinto is located in the heart of the petrochemical refining complexes of Baytown, Deer Park, Pasadena and La Porte.  As a result, numerous pipelines located in several corridors have crossed the site for many decades.  Staff has worked diligently over the years to confine these corridors to small areas and minimize impacts to resources, operations and aesthetics.

Chevron approached TPWD in 2011 with a plan to add two (2) pipelines to its existing corridor through the park.  Knowing that a reach of the existing corridor was confined to the State Highway right-of-way (ROW), and that the ROW had never been surveyed, Chevron and their consultants worked closely with TPWD staff to locate the existing corridor and San Jacinto boundaries.  In so doing, it was discovered that a 10” pipeline installed in 1969 wanders out of the ROW and into the park.  Staff proposes to issue an easement covering the existing pipeline.  Chevron has agreed to pay easement fees from the current TPWD rate schedule and to seek a Surface Use Agreement from TPWD any time future operations require work within the easement in the park.

III.     Recommendation:  The staff recommends the Texas Parks and Wildlife Commission adopt 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. 4
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission Regarding the Definition of an Easement Covering Approximately One Acre of Real Property in Harris County for an existing Hydrocarbon Transmission Pipeline Crossing the San Jacinto Battleground State Historic Site

Whereas, Chevron holds easements for an existing pipeline right-of-way corridor that crosses San Jacinto Battleground State Historic Site (San Jacinto) in Harris County; and,

Whereas, Texas Parks and Wildlife Department (TPWD) owns and operates San Jacinto for a variety of conservation and recreation values, including preservation of the battleground where General Sam Houston defeated General Santa Anna on April 21, 1836 to establish the independence of Texas; and,

Whereas, Chevron Phillips Chemical Company LP (Chevron) installed a 10” diameter pipeline in and adjacent to San Jacinto in 1969 which is still in service; and,

Whereas, during the course of survey work in 2011 it was discovered that the 10” pipeline installed in 1969 does leave the existing pipeline right-of-way corridor and enter San Jacinto, and that the corridor should be re-defined to include the existing pipeline; and,

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 newspapers of general circulation which are published at least six days a week in the communities nearest to the WMA in which such newspapers are published (the Houston Chronicle in Harris County), 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,

Whereas, staff of TPWD have worked with Chevron to locate the 1969 pipeline and define an easement that will accommodate the pipeline and minimize encumbrance of TPWD lands; and,

Whereas, Chevron has agreed to compensate TPWD for the Easement and to secure a surface use agreement from TPWD anytime work is done at San Jacinto inside or outside the easement; and,

Whereas, the Commission finds, in accordance with Parks and Wildlife Code, Chapter 26, that (1) there is no feasible and prudent alternative to the use or taking of such land (Easement);  (2) the program or project that requires the use or taking of land (Easement) includes all reasonable planning to minimize harm to the land (Easement); and,

Whereas, the Commission finds, in accordance with Section 13.009 of the Texas Parks and Wildlife Code that defining the Easement subject to conditions that will minimize the overall impacts of the Easement on San Jacinto is in the best interest of TPWD; and,

Now, therefore, the Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to negotiate terms and conditions under which an Easement may be defined, and to grant the defined Easement to Chevron Phillips Chemical Company LP for the purposes and subject to the conditions described herein and in the motion approving in this Resolution.

Adopted and approved this 30th day of August, 2012.

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T. Dan Friedkin, Chairman
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Margaret Martin, Member
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Ralph H. Duggins, Vice-Chairman
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S. Reed Morian, Member
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Antonio Falcon, M.D., Member
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Dick Scott, Member
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Karen J. Hixon, Member
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Bill Jones, Member
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Dan Allen Hughes, Jr., Member
 

Commission Agenda Item No. 4
Exhibit B

Location Map Showing the Location of San Jacinto Battleground in Harris County


Commission Agenda Item No. 4
Exhibit C

Vicinity Map Showing San Jacinto Battleground, 20 Miles East of Houston


Commission Agenda Item No. 4
Exhibit D

Site Map Showing Location of Pipeline Requiring Easement Definition






















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