HomeMy WebLinkAbout6.j. Authorize Encroachment Agreement with Magellan Pipeline - Bacardi Avenue Improvements, City Project 452 4ROSEMOU1 EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: June 3, 2014
AGENDA ITEM: Authorize Encroachment Agreement with AGENDA SECTION:
Magellan Pipeline — Bacardi Avenue Consent
Improvements Project, City Project 452
PREPARED BY: Andrew J. Brotzler, PE, Director of Public AGENDA NO.
Works / City Engineer u,
ATTACHMENTS: Resolution, Agreement APPROVED BY:
00
RECOMMENDED ACTION: Motion to Approve Resolution Authorizing Necessary
Signatures on Encroachment Agreement with Magellan Pipeline for Improvements in the
Bacardi Avenue Improvements Project.
ISSUE
City staff requests Council authorization to execute an agreement with Magellan Pipeline for
improvements to Bacardi Avenue within the Megellan Pipeline Easement as part of the Bacardi Avenue
Improvements, City Project 452.
BACKGROUND:
The Bacardi Avenue Improvement Project includes the construction of a bituminous trail along Bacardi
Avenue. The trail crosses the Magellan Pipeline easement at the intersection of Bacardi Avenue and
Bonaire Path. Magellan is requiring an encroachment agreement be executed before the improvements are
made in this area.
SUMMARY:
Staff recommends Council authorization for the execution of the attached Encroachment Agreement with
Magellan Pipeline, agreement has been reviewed by the City Attorney.
G:AL'NGPROJ\452\Council Items\20140603 CC Authorize Magellan Agrcement.docx
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2014-
A RESOLUTION AUTHORIZING THE SIGNATURES ON THE ENCROACHMENT
AGREEMENT BETWEEN MAGELLAN PIPELINE AND THE CITY OF ROSEMOUNT
BACARDI AVENUE IMPROVEMENTS PROJECT, CITY PROJECT 452
WHEREAS, the Bacardi Avenue Improvements Project includes construction of various street and trail
improvements within the street right of way along the easterly side of Bacardi Avenue and also on the south
side of Bonaire Path, that crosses the Magellan Pipeline; and
WHEREAS,Magellan is requiring an encroachment agreement be executed before the improvements are
made in this area;and
WHEREAS, the City Engineer has recommended approval of the Agreement which has been reviewed by
the City Attorney;and
NOW THEREFORE BE IT RESOLVED, by the City Council of Rosemount,Minnesota as follows:
1. That the Encroachment Agreement between Magellan Pipeline and the City of Rosemount is hereby
approved. A copy of this Agreement is attached to this Resolution and made a part of it.
2. That the Mayor,William Droste, or his successor,is designated the Authorized Representative for
the City of Rosemount. The Authorized Representative is also authorized to sign any subsequent
amendment or agreement that may be required.
3. That the City Engineer,Andrew Brotzler, or his successor,is designated as the liaison for the City of
Rosemount for the purpose of the Maintenance Agreement.
4. That William Droste, the Mayor for the City of Rosemount, and Jeffrey May,Deputy City Clerk, are
authorized to sign the Maintenance Agreement.
ADOPTED this 3rd day of June, 2014.
William H. Droste,Mayor
ATTEST:
Jeffrey May, Deputy City Clerk
(Drafted by&when filed return to:Magellan Pipeline Company,L.P.,P.O.Box 22186,MD 27-2(S.Guthrie),Tulsa,Oklahoma 74121-2186,
918/574-7350.)
ENCROACHMENT AGREEMENT
This Encroachment Agreement ("Agreement") is made and entered into by and between
Magellan Pipeline Company, L.P., a Delaware limited partnership, whose address is P.O. Box
22186, Tulsa, Oklahoma, 74121-2186, (hereinafter called "Magellan"), and City of Rosemount,
a Municipal corporation, whose mailing address is 2875 145th Street West, Rosemount,
Minnesota 55068-4997, its successors, assigns and grantees(hereinafter called"City").
WITNESSETH:
WHEREAS, City represents and warrants that City owns the right to construct various street and
trail improvements, including a new 8-foot wide bituminous trail within the street right of way
along the easterly side of Bacardi Avenue and also on the south side of Bonaire Path, on all the
certain land (hereinafter "Subject Land"), described on attached Exhibit "A" and made a part
hereof; and
WHEREAS, Magellan is the owner of certain pipelines,pipeline facilities and appurtenances
(hereinafter referred to as the "Magellan Facilities") and easement rights therefor, (hereinafter
referred to as the "Easement", whether or not rights were granted in one or more documents or
acquired by operation of law). For purposes of this Agreement only, "Magellan's Easement
Tract" shall be considered to be any area within Fifty (50) feet of any Magellan Facilities,
unless a different right of way tract width is specifically described in the Easement, in which
case such specified width shall define Magellan's Easement Tract. The land referenced in the
Easement includes a portion of the Northeast Quarter(NE 1/4) Section 21, Township 115 North,
Range 19 West, and a portion of the Southeast Quarter(SE 1/4) Section 21, Township 115 North,
Range 19 West(which portion of the SE t/4 Sec. 21 is now located in Outlot A, Meadows of
( p
.f
Bloomfield), all in Dakota County, Minnesota, pursuant to those certain instruments recorded in
the records of said county and state and described as follows:
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Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
1) Grant of Easement dated August 6, 1955, from Elizabeth I. Schuller, as widow, in
favor of Roseline Company (Magellan's predecessor in interest), its successors
and assigns, and filed for record in the office of the Register of Deeds of Dakota
County on August 18, 1955 in Book 64 of Miscellaneous Records, Pages 544-
545; and
2) Partial Release Of Right Of Way dated July 18, 1967, from Williams Brothers
Pipe Line Company (Magellan's predecessor in interest), to John S. Millard and
Arlene Millard, husband and wife, and filed for record in the office of the Register
of Deeds of Dakota County on September 6, 1967 in Book K of Miscellaneous
Records, Page 240; and
3) Grant of Easement dated August 31, 1955, from Leo O'Rourke, in favor of
Roseline Company (Magellan's predecessor in interest), its successors and
assigns, and filed for record in the office of the Register of Deeds of Dakota
County on September 1, 1955 in Book 64 of Miscellaneous Records, Page 568;
and
4) Partial Release And Grant Of Right Of Way dated effective August 13, 2004,
from Magellan Pipeline Company, LLC (Magellan's predecessor in interest), to
Centex Homes, a Nevada general partnership, and filed for record in the office of
the County Recorder of Dakota County on September 24, 2004 as Document No.
2251528.
WHEREAS, for the purposes of this Agreement an "Encroachment" is defined as any use of
the land within Magellan's Easement Tract by someone other than Magellan which could
interfere with Magellan's Easement rights or could create safety concerns related to Magellan's
Facilities as more fully described in Magellan's General Encroachment Requirements as set
forth in attached Exhibit "B" and incorporated herein by reference. Magellan does not permit
or authorize any Encroachments unless specifically approved in a written agreement
identifying all "Approved Encroachments"; and
WHEREAS, City desires to obtain Magellan's consent for one or more Encroachments on
Magellan's Easement Tract;
NOW, THEREFORE, in consideration of the covenants and agreements herein and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Magellan, subject to the following terms and provisions, hereby consents to the Encroachments
listed below as "Approved Encroachments" described and limited pursuant to the following
specified plan drawings, which were furnished by City to Magellan ("Plan Drawings"), some
of which have been annotated to highlight certain encroachments, and which are attached hereto
as Exhibit "C":
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Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
1) City of Rosemount, City Project No. 452, Title Sheet No. 2 of 63 — Bacardi Avenue
General Layout — by WSB & Associates, Inc., signed by Phil C. Olson, PE on Feb. 18,
2014; and
2) City of Rosemount, City Project No. 452, Title Sheet No. 10 of 63 — Bacardi Avenue
Typical Sections —by WSB & Associates, Inc., signed by Phil C. Olson, PE on Feb. 18,
2014; and
3) City of Rosemount, City Project No. 452, Title Sheet No. 14 of 63 — Bacardi Avenue
Pedestrian Curb Ramp Details—by WSB & Associates, Inc., signed by Phil C. Olson, PE
on Feb. 18, 2014; and
4) City of Rosemount, City Project No. 452, Title Sheet No. 20 of 63 — Bacardi Avenue
Sanitary Sewer and Water Main— by WSB & Associates, Inc., signed by Phil C. Olson,
PE on Feb. 18, 2014; and
5) City of Rosemount, City Project No. 452, Title Sheet No. 26 of 63 — Bacardi Avenue
Street and Storm Sewer — by WSB & Associates, Inc., signed by Phil C. Olson, PE on
Feb. 18, 2014; and
6) City of Rosemount, City Project No. 452, Title Sheet No. 47 of 63 — Bacardi Avenue
Landscape Plan — by WSB & Associates, Inc., signed by Phil C. Olson, PE on Feb. 18,
2014
TERMS AND PROVISIONS
1. Approved Encroachments. The Approved Encroachments, as further identified,
described and limited in the Plan Drawings as set forth in Exhibit "C" are limited to the
following:
(a) Installation of a 8-foot wide Bituminous Trail on north and south sides of Bonaire Path,
as shown on Exhibit"C".
(b) Road Construction as depicted on Exhibit "C", close to Magellan's Easement Tract
and which may include some construction equipment traffic over some portions of
Magellan's Easement Tract. Any construction traffic that may cross Magellan's
Easement Tract must comply with the "Construction Equipment—Cover Requirements"
described in this Agreement.
(c) Landscaping only insofar as the same shall comply with the landscaping provisions
shown on Exhibit "B" — General Encroachment Requirements. Any landscaping
shown on Exhibit "C" that does not comply with Exhibit "B" requirements must be
modified as necessary so as to comply with the requirements of Exhibit "B" if it is to be
located within Magellan's Easement Tract (for example, no trees are allowed on
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Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
Magellan's Easement Tract).
2. No Other Encroachments. Except for the Approved Encroachments as defined in the
Agreement, City shall not create, erect, place or construct any other Encroachment on,
above or below the surface of the ground on Magellan's Easement Tract, or change the
grade or elevation of the ground surface within Magellan's Easement Tract or at any time
plant or allow any trees thereon or cause or permit any of these to be done by others, without
the express prior written permission of Magellan.
3. Magellan On-Site Representative. Exclusive of Saturday, Sunday, and legal holidays, City
shall notify Magellan a minimum of 48 hours in advance of any Encroachment activities on
Magellan's Easement Tract so that Magellan may arrange to have a representative present.
At Magellan's option and at City's sole cost and expense, Magellan's representative may be
on site during all Encroachment activities over or within ten feet (10') of the Magellan
Facilities to confirm that no damage occurs to the Magellan Facilities. The presence of
Magellan's representative or any verbal instructions given by such representative shall not
relieve City of any liability under the Easement or this Agreement, and will not change the
terms of the Easement or this Agreement,which may only be changed by written agreement
by authorized representatives of City and Magellan. If pipeline, coating, cathodic protection
and/or any other repair of Magellan Facilities is required by Magellan or if the safety of the
Magellan Facilities is jeopardized, in Magellan's sole judgment, City shall stop all
construction activities on Magellan's Easement Tract until said repairs are completed or
until any unsafe construction practices are resolved to the satisfaction of Magellan's on-site
representative. Written notification of such construction activity shall be made to
MAGELLAN PIPELINE COMPANY, Damage Prevention and Maintenance Operator,
Howard White, at 2728 Patton Rd., St. Paul, MN 55113, Office:(651) 635-4279, Cell:
(612) 759-9452, Fax: (651) 633-5464 , or such other representative of Magellan, which
Magellan may from time to time designate.
4. Protection of Magellan Facilities. City shall protect the Magellan Facilities if excavating
and backfilling become necessary within Magellan's Easement Tract. If excavating within
2 feet of any Magellan pipeline or when otherwise deemed necessary by Magellan's on-site
representative, City shall perform any necessary digging or excavation operations by hand
digging. City shall reimburse Magellan for all costs of having a representative of Magellan
on-site during construction activities related to the Approved Encroachments.
5. Breach. If either City or Magellan breaches this Agreement and the non-breaching party
commences litigation to enforce any provisions of this Agreement, the reasonable cost of
attorneys' fees and expenses will be payable to the non-breaching party by the breaching
party upon demand, for all claims upon which the non-breaching party prevails.
6. Insurance. City shall procure or cause its contractors and subcontractors to procure and
maintain in force throughout the entire term of this Agreement insurance coverage described
below with insurance companies acceptable to Magellan for work performed related to the
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Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
construction of the Approved Encroachments. All costs and deductible amounts will be for
the sole account of the City or its contractors and subcontractors. Prior to commencing any
activities related to the construction of the Approved Encroachments, the City must deliver
to Magellan certificate(s) of insurance. Non-renewal or cancellation of policies must be
effective only after Magellan receives written notice from the insurance company thirty (30)
days in advance of such non-renewal or cancellation. The limits set forth below are
minimum limits and will not be construed to limit the City's liability:
(a) Workers' Compensation insurance complying with the laws of the State or States having
jurisdiction over each employee and Employer's Liability insurance with limits of
$1,000,000.
(b) Commercial or Comprehensive General Liability insurance on an occurrence form with a
combined single limit of $5,000,000 each occurrence and project specific annual
aggregates of $5,000,000. Coverage must include premises/operations, independent
contractors, blanket contractual liability, and products/completed operations coverage,
broad form property damage, personal injury, and sudden and accidental pollution; such
coverage must be maintained for two (2) years following completion of work activities
related to the construction of the Approved Encroachments. Magellan, its affiliated
companies, and its and their respective directors, officers, partners, members,
shareholders, employees, agents and contractors shall be included as additional insureds.
(c) In each of the above policies, the City or its contractors and subcontractors agree to
waive and will require its insurers to waive any rights of subrogation or recovery either
may have against Magellan and its affiliated companies.
(d) Regardless of the insurance requirements above, the insolvency, bankruptcy, or failure of
any such insurance company providing insurance for the City or its contractors and
subcontractors, or the failure of any such insurance company to pay claims that occur,
such requirements, insolvency, bankruptcy or failure will not be held to waive any of the
provisions hereof.
(e) In the event of a loss or claim arising out of or in connection with the construction of the
Approved Encroachments, the City agrees, upon request of Magellan, to submit a
certified copy of its insurance policies for inspection by Magellan.
(f) The City shall require all of its contractors and subcontractors for work related to the
construction of the Approved Encroachments to provide adequate insurance coverage,
all to be endorsed with the Waiver of Subrogation wording referenced in Section (c)
above; any deficiency in the coverage, policy limits, or endorsements of said contractors
and subcontractors, shall be the sole responsibility of the City.
7. Indemnification. City will indemnify, save, and hold harmless Magellan, its affiliated
companies, directors, officers, partners, employees, agents and contractors from any and all
environmental and non-environmental liabilities, losses, costs, damages, expenses, fees
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Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
(including reasonable attorneys' fees), fines, penalties, claims, demands, causes of action,
proceedings (including administrative proceedings),judgments, decrees and orders resulting
from City's breach of this Agreement or caused by or as a result of the construction, use,
maintenance, existence or removal of the Approved Encroachments and Other
Encroachments located on the Magellan Easement Tract. The presence of Magellan's
representative or any instructions given by such representative will not relieve City of any
liability under this Agreement, except to the extent that such liability results from
Magellan's or its representative's gross negligence or willful misconduct. Nothing herein
shall be deemed a waiver by City of the limitations on liability set forth in Minnesota
Statutes, Chapter 466, and City shall not be obligated to indemnify Magellan for any amounts
in excess of the limitations on liability set forth in Minnesota Statutes, Section 466.04, less
any amounts City is required to pay on behalf of itself, its officers, agents, employees, or
contractors for claims arising out of the same occurrence.
8. Damage or Loss. City covenants that:
(a) If at any time, in the sole opinion of Magellan, it becomes necessary for Magellan, to
cross, occupy, utilize, move or remove all or portions of the Approved Encroachments
placed on Magellan's Easement Tract or constructed pursuant to this Agreement, for
any purpose, including but not limited to surveying, constructing new facilities,
maintaining, inspecting, operating, protecting, repairing, replacing, removing or changing
the size of a pipeline(s) and appurtenances on Magellan's Easement Tract and such
activities by Magellan result in damage to or destruction of the Approved
Encroachments, then repair, replacement or restoration of such Approved
Encroachments shall be at the sole cost and responsibility of City.
(b) If at any time, any encroachments belonging to or permitted by City which are not
authorized by this or another written agreement ("Other Encroachments") are found to
be on Magellan's Easement Tract, Magellan may at any time request City to remove
such Other Encroachments, and if City refuses or fails to do so within a reasonable
time, Magellan's may remove them from Magellan's Easement Tract to a location off
of Magellan's Easement Tract at City's expense, unless they are allowed to remain by a
written agreement between Magellan and City. Should such removal activities by
Magellan result in damage to or destruction of the Other Encroachments, then repair,
replacement or restoration of such Other Encroachments shall be at the sole cost and
responsibility of City, and such Other Encroachments may not be repaired, replaced or
rebuilt on Magellan's Easement Tract without a written agreement between Magellan
and City.
(c) If during the exercise of the rights granted by the Easement or by this Agreement, the
Approved Encroachments and Other Encroachments, if any, are damaged, destroyed
or suffer loss of value, City agrees to release Magellan, its affiliates, and its and their
6
Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
respective directors, officers, members, partners, shareholders, employees, agents and
contractors from and against any and all liabilities, and damages or losses which may
arise as a result of the damage to or loss of use of the Approved Encroachments and
Other Encroachments, if any, caused by Magellan, its employees, agents and
contractors.
9. Magellan Rights. Magellan and City agree that the existence of the Approved
Encroachments or this Agreement does not constitute a waiver of Magellan's rights under
the Easement. Magellan hereby reserves and City hereby grants and confirms all of
Magellan's rights,title and estate as set forth in the Easement.
10. Construction Equipment— Cover Requirements. Magellan has performed pipeline stress
calculations for safe weights for construction equipment (including loads) working near or
driving over the Magellan Facilities based on an assumed maximum loaded vehicle weight
of 80,000 lbs. The stress calculations assume that the gross loaded vehicle weight is evenly
distributed between two (2) axles resulting in a maximum wheel load of 20,000 lbs. Based
upon this assumption, equipment meeting the aforesaid criteria may cross the Magellan
Facilities only where there is a minimum depth of six (6) feet of compacted cover
maintained or provided. For any vehicle or equipment (including loads) having greater
weight than the referenced maximum wheel load of 20,000 lbs., City must submit in writing
to Magellan information as to the type, size and gross (loaded) weight of such heavier
construction equipment which is planned to be used over or in the vicinity of the Magellan
Facilities (and other such information as may be reasonably needed by the Magellan
engineer). Magellan will then, in a timely manner, calculate and provide to City a revised
written requirement for the depth of cover that City must provide and/or maintain over the
Magellan Facilities during City's activities over or in the vicinity of the Magellan Facilities
to provide for safe operation and City agrees to comply with such requirement. Tracked
equipment will not be allowed to cross the Magellan Facilities without further evaluation of
the pipeline stresses. City must provide to Magellan detailed written information sufficient
for Magellan to perform pipe stress calculations for any tracked equipment. The following
information will need to be provided by City to Magellan so that it may perform a more
thorough analysis of wheeled vehicles: loaded vehicle weight, number of axles on the front
and rear, and weight distribution between the front and rear axles. For tracked equipment, the
following information is needed: loaded vehicle weight, length of track in contact with the
ground, and track width.
11. The terms and conditions of this Agreement will constitute covenants running with the land
and be binding upon and inure to the benefit of the parties hereto, their successors, assigns
and grantees. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one instrument. This
Agreement shall become effective upon its complete execution by the parties hereto.
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Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
IN WITNESS WHEREOF,the parties have set their hands on the dates expressed below.
Magellan Pipeline Company,L.P.
By Its General Partner,Magellan Pipeline GP,LLC
By Its Undersigned,Authorized Signatory:
Date: ,2014
David S. Mains
CITY OF ROSEMOUNT
A Minnesota Municipal Corporation
By: Date: ,2014
William H. Droste
Title: Mayor of Rosemount, Minnesota
By: Date: ,2014
Amy Domeier
Title: City Clerk
(CITY OF ROSEMOUNT CORPORATE SEAL):
Authorized by the City Council of the City of Rosemount by Resolution No.
passed by the City Council on ,2014.
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Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
STATE OF OKLAHOMA )
) SS
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this
day of , 2014 personally appeared , to me
personally known to be the Authorized Signatory for MAGELLAN PIPELINE GP, LLC, a
Delaware limited liability company, who being duly sworn did acknowledge to me that he/she
executed the foregoing instrument on behalf of said limited liability company as the free and
voluntary act and deed, for the uses,purposes and consideration therein set forth.
Witness my hand and official seal.
Notary Public
My commission expires:
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
Before me, the undersigned, a Notary Public in and for the County aforesaid, on this day
of ,2014, personally appeared WILLIAM H. DROSTE to me known
personally to be the Mayor of the CITY OF ROSEMOUNT, a Minnesota municipal
incorporated city, who being duly sworn did acknowledge to me that he executed the foregoing
instrument on behalf of said City of Rosemount pursuant to authority of the City Council as the
free and voluntary act and deed of said Municipal Corporation, for the uses, purposes and
consideration therein set forth.
Witness my hand and official seal.
Notary Public
My Commission Expires:
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Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
Before me,the undersigned, a Notary Public in and for the County aforesaid, on this day
of ,2014,personally appeared Amy Domeier
to me known personally to be the City Clerk of the CITY OF ROSEMOUNT, a Minnesota
municipal incorporated city, who being duly sworn did acknowledge to me that he executed the
foregoing instrument on behalf of said City of Rosemount pursuant to authority of the City
Council as the free and voluntary act and deed of said Municipal Corporation, for the uses,
purposes and consideration therein set forth.
Witness my hand and official seal.
Notary Public
My Commission Expires:
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Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
EXHIBIT "A"
SUBJECT LAND
The street right of way of Bacardi Avenue located in westerly portion of the
NE/4 Section 21, Township 115 North, Range 19 West and adjacent to Bella
Vista subdivision, City of Rosemount, Dakota County, Minnesota, and the
westerly portion of Outlot A, Bella Vista subdivision, and the right of way of
Bonaire Path West (a.k.a. County Road 38 and as 135th Street West), and the
northwesterly portion of Outlot A, Meadows of Bloomfield subdivision.
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Encroachment Agreement EA-F Xing—3-28-05—Tracts 8098&8099, Dakota Co.,MN-Agent DM -Project 13-081
EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 1 of 4
MAGELLAN PIPELINE Magellan's Easement Tract.For B.MAGELLAN RIGHT OF WAY following: resulting cover(vertical distance
COMPANY,L.P. other activities of the Owner on the PRACTICE •Location and depth of all Magellan from the surface of the land to the top
Magellan Easement Tract,the pipelines and facilities of Magellan's pipeline)is not greater
Magellan field representative shall 1.Personal Property and Fixtures •The width of Magellan's Easement than eight feet(8').
General Encroachment determine whether Magellan's To Be Kept Off of Magellan's Tract
Requirements continuous presence or periodic Easement Tract.In order to keep •A standard warning statement 8.Erosion Control Materials.
monitoring of encroachment Magellan rights of way clear for conspicuously displayed containing Erosion-control materials may be
A.GENERAL-These requirements activities will be required and shall operations,maintenance,inspection the following language: allowed on Magellan's Easement
define the minimum standards of inform the Owner.A Magellan and emergency access,personal Tract for temporary periods of
practice for encroachments by a representative will be made available property and fixtures shall not be WARNING construction and restoration.
landowner(including any developer, upon 48 hours notice(exclusive of placed,stored or maintained on HIGH-PRESSURE PIPELINE(S)
business entity,utility company or weekends and holidays)to determine Magellan's Easement Tract.Personal Excavation and%or Construction 9.Proof of Title to Property.
individual working for,or on behalf the location and approximate depth property and fixtures include,but are Prohibited Without compliance with Magellan may require Owner to
of,or with permission of landowner) of any Magellan pipelines.No not limited to,storage sheds, State One-Call AND Without Written provide proof of current ownership of
(herein referred to collectively as excavation shall be commenced automobiles,trailers,mobile homes, Permission From MAGELLAN the land where the proposed
"Owner")to pipeline corridors and without prior written approval from above-ground swimming pools, PIPELINE COMPANY,L.P. encroachment is to be located.Such
rights of way ("Magellan's Magellan and verification by business equipment,product proof may be in the form of a Title
Easement Tract")owned or operated Magellan of the location and inventory,scrap metal,boulders, 4.Written Encroachment Commitment,Title Policy,or a copy
by Magellan Pipeline Company,L.P. approximate depth of its pipelines. large rocks,debris,junk and piles of Agreement Required.A written, of a recorded Warranty Deed.
("Magellan").Upon written request materials. fully executed Encroachment
by Owner to Magellan,a copy of 3.Magellan's Facilities. Agreement must be in place between 10.Subdivision Plat. Magellan
these minimum requirements shall be Magellan's facilities include,but are 2.Encroachments Subject to Being Magellan and Owner before Owner requires a copy of the Subdivision
provided to
developer,business not limited to,Easement,rights of Cleared from Magellan's Easement commences work on any Plat,if applicable.If the plat has been
entity,utility company or individual way,pipelines,meter and valve sites, Tract.Subject to the terms of its encroachment, recorded,Magellan requires a copy
working on behalf of Owner or with aboveground piping manifolds and Easement(including right of way indicating the book and the page of
the permission of Owner within cathodic protection systems. agreement[s]and other written 5.Costs.Unless otherwise agreed in the recording.
Magellan's Easement Tract.Specific agreements),Magellan may keep writing,all costs to Magellan that
circumstances may require additional 4.Land Use Change-Notification. Magellan's Easement Tract clear of result from any encroachment should 11.Location and Approximate
precautions or more stringent The landowner and tenant,if any, items that may hinder the exercise of be paid by Owner.Such costs shall Depth of Pipelines.A Magellan
methods in order to protect the must notify Magellan at any and Magellan's rights to construct, include,but not be limited to: representative is normally available
integrity of Magellan's pipelines and every time when the land use will be operate,inspect,maintain,repair and modification,replacement,lowering, with 48 hours notice(exclusive of
facilities.Magellan's Easement Tract changed for land on or adjacent to access its pipelines and other and protection of pipelines,including weekends and holidays)to determine
for purposes of these General Magellan's Easement Tract. facilities.Clearing of the Magellan's engineering evaluation and design, the location and approximate depth
Encroachment Requirements shall be Examples of such land use changes Easement Tract shall include,but not field labor and real estate research of the pipeline(s).Determining actual
considered to be any area within fifty are: be limited to the following:removal and document preparation and depths of pipelines may require pot-
(50)feet of any Magellan pipeline or •Change from pasture to cultivation of trees,brush,crops,other handling, holing or hand-digging by,and at the
other Magellan-owned or operated •Change in depth of tilling(e.g. vegetation and non-permitted expense of Owner in the presence of
facility unless a different right of way plowing deeper or deep-breaking the encroachments located on or 6.Pipeline Integrity Inspection, an authorized Magellan
width is specified by one or more land) overhanging all or part of any Prior to the installation of any representative.No excavation on
recorded right of way or easement •Change in that terraces will be cut Magellan's Easement Tract.Trees or structure,parking lot,roadway or Magellan's Easement Tract shall take
documents(herein collectively called or re-cut other vegetation overhanging other facility which might interfere place without approval by Magellan.
"Easement",whether one or more), •Change from agricultural use to Magellan's Easement Tract may be with or hinder Magellan's inspection
in which case such specified width residential,commercial or industrial side-trimmed. of any pipeline or facility,Magellan 12.Vertical Separation Between
shall define Magellan's Easement use. will perform an integrity review of its Magellan Pipeline or Facility and
Tract. •Change from residential to C.ENCROACHMENT PLANNING pipeline and any other assets which an Encroaching Object or
commercial or from commercial to may be affected by the proposed Structure.Vertical separation is
1.Encroachment Definition.An industrial. 1.Plan Review Required by structure,parking lot,roadway or defined in this document as the
of Magellan.For any encroachment, other encroaching facility in order to vertical distance between the
"encroachment"within Magellan's any use a the
land within Magellan's Easement 5.Governmental Regulations and Magellan must be provided project determine that Magellan's assets outermost part of a Magellan
Tract which could interfere with Industry Guidelines.Owner must plans to review and approve,prior to comply with integrity requirements pipeline,facility or appurtenance(for
example,the outside of the pipe[for
Magellan's Easement rights or which comply with all applicable laws and the encroachment occurring,for and to allow Magellan to make any p p p [
could create safety concerns for regulations,as well as Magellan's purposes of damage prevention. needed changes prior to construction ancased pipe]or the outside of the
ty
Magellan pipelines and/or facilities po licies as expressed herein.Owner of any encroachments. pipe casing[for cased pipe])and the
located on Magellan's Easement is also hereby referred to the 2.Submission of Complete Plans. outermost part of the encroaching
Tract. Encroachments include,but Common Ground Alliance Best Owner must submit complete plans 7.Soil On Magellan's Easement object(for example,the outside of
are not limited to:structures,fixtures, Practices which can be found on the to Magellan for review.Incomplete Tract—Removing and Adding.No the encroaching pipeline or the
personal property,landscaping,
web site: plans could delay Magellan's soil shall be removed from or added outside of its conduit).
P www.commongroundalliance.com engineering impact study and to Magellan's Easement Tract
foreign utilities,foreign pipelines,gn BiPP "Best roadways,railroads,waterway (See"Program Information"/`Best insu£Ficient information could result without written authorization from 13.Construction Equipment
crossings,water impoundments, Practices")and which is available in increased costs,Plans must Magellan.Any soil added must be Information.Owner shall provide to
walls,heavy equipment and heavy from Common Ground Alliance in include: clean(without contaminants,trash or Magellan information as to the type,
loads on Magellan's Easement Tract, booklet form for easy reference.Best •A plan view of the project with the debris)fill dirt and must be limited in size,and weight of construction
and also any excavation,digging, Practices addresses the most common pipeline(s)location included. amount so that the equipment that will be used over or
drilling,tunneling and addition, issues for damage prevention for an •An illustration in profile of the in the vicinity of the pipeline(s).
removal or disturbance of soil or encroaching party,including,among existing surface elevations,the
subsoil within Magellan's Easement others:Planning and Design;One- proposed surface elevations and the D.ENCROACHMENT DESIGN
Tract. Call Center;Locating and Marking; elevation of the Magellan pipeline(s). REOUIREMENTS&
Excavation;and Mapping. •A comprehensive utility/structure STANDARDS
2.Magellan Representative In the even of a conflict between /grading plan depicting the
Required On-Site Magellan laws and regulations,Magellan's relationship to the pipeline(s). I.Risk of Loss and Damage.
pipeline systems operate at high policies and the Common Ground •A proper legal description of the Owner shall bear the risk of loss,
pressures,and for safety reasons, Alliance Best Practices,the following project location. damage and/or destruction to any
Magellan requires its company priority shall govern encroachments •Complete landscaping plans. structure,fence,landscaping or
representatives to be on-site while on Magellan's Easement Tract:1st-- •Complete plans for backfilling and improvement placed within the
Owner is excavating or performing laws and regulations;2nd-- compaction of backfill material. boundaries of Magellan's Easement
other activities which could endanger Magellan policies;and 3rd-- Tract and shall hold Magellan
the Magellan pipelines or other Common Ground Alliance Best 3.Plans Must Show Magellan's harmless
facilities on Practices. Easement Tract,Pipelines and
Facilities. All construction plans
(prints)showing lands where all or
any part of Magellan's Easement
Tract,any Magellan pipeline or
facility is located must contain the
Page 1 of 17 Page 2 of 17 Page 3 of 17 Page 4 of 17 Page 5 of 17
General Encroachment Requirements—(L.P.— 1/1/07)
EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 2 of 4
for damages,destruction of Magellan's Easement Tract. in the following manner: encasement of high-voltage •Elevation of+0 feet and-15
structures and for any consequential b.General Landscaping I)The tape must be placed directly electrical lines in red concrete. feet
damages which may arise out of Requirements.The following are the over(parallel to)and at least 15 h.Utility Poles and Guy Anchors. •Alignment of+/-20 feet as
Magellan or its designees exercising general rules for landscaping on inches above the foreign line for Utility poles and guy anchors long as it does not come to
Magellan's Easement rights or which Magellan's Easement Tract: the entire distance that it shall not be placed on Magellan's within 10 feet of Magellan's
may arise out of accessing 1)Written Approval.Landscaping occupies Magellan's Easement Easement Tract without a written pipeline
Magellan's Easement Tract,pipelines proposed to be done on Magellan's Tract.Additionally,the tape agreement.With a written •Initial penetration of ground
or facilities. Easement Tract must be approved must be placed directly over agreement,poles and anchors surface at exact location shown
by Magellan in a written (parallel to)and at least 15 may be placed no closer than 20 in the plan and profile
2.Buildings,Structures and encroachment agreement.Among inches above each Magellan feet to any Magellan pipeline. drawings
Fencel other terms,the encroachment pipeline that is crossed for a Poles shall not be allowed to run •Final penetration of the
a. Buildings and Structures.No agreement will release Magellan minimum distance which is the parallel to a Magellan pipeline ground surface within+/.10
buildings,houses,barns,garages, from any liability for damages to greater of: within the Magellan Easement feet of the alignment and
patios,playhouses,sheds,septic the landscaping from the exercise (a)a minimum distance of 20 Tract. within+30 feet and-0 feet of
systems or drain fields, of Magellan's Easement rights. feet on each side of the i. Directional Drilling/Boring. the length shown in the plan
swimming pools(above-ground 2)Trees Not Permitted.Trees Magellan pipeline,or 1) Prior to commencing any and profile drawings
or below-ground),reinforced are not permitted on Magellan's (b)across the entire width of horizontal directional drilling, •Curves shall be drilled at a
concrete slabs or other similar Easement Tract. Magellan's Easement Tract Owner shall submit plans radius equal to or greater than
structures will be permitted on 3)Shrubs.Shrubs exceeding 3 2)The placement of warning tape showing procedure and that specified in the plan and
the Magellan's Easement Tract. feet in height and/or obstructing on each side of Magellan material descriptions for profile drawings.The drilled
b.Septic System not permitted. the view of any Magellan pipeline pipeline(s)will not be required Magellan's approval.The radius will be calculated over
No septic-system,including any marker posts are not permitted on for utility cables that are plans and description shall any 3 joints(range 2 type drill
lateral lines will be permitted on Magellan's Easement Tract. installed using the directional include,but not be limited to pipe)segment using the
Magellan's Easement Tract. 4)Irrigation Systems,Field drill or jacking method. the following: following formula:
c. Retaining Walls.Retaining walls Drain Lines,and Sidewalks. d.Crossings By Metal Pipelines or • Profile and plan showing Rdrilled=(Ldrilled/Aavg)x
are not permitted on Magellan's Irrigation systems,field drain lines Conduits.Metallic pipe crossing location of entry and exit 180/a
Easement Tract. and sidewalks that are to cross a Magellan pipeline(s)may require points Where:Rdrilled=drilled radius
d.Fences.No fence shall be Magellan pipeline must cross such Magellan to perform a cathodic • Work space required to over Ldrilled
constructed or maintained on pipeline at an angle as close to 90 protection interference survey.If I perform the work Ldrilled=length drilled;no
Magellan's Easement Tract degrees as possible,but in no event interference with Magellan's • Mud containment and less than 75 feet and no greater
without a written agreement at an angle less than 45 degrees cathodic protection system is disposal sites than 100 feet
e.Requirements for Fences.If and must comply with other detected and remediation is 2) Owner shall positively locate Aavg=total change in angle
fencing on Magellan's Easement applicable provisions of this necessary,Owner agrees to and stake the location of over Ldrilled
Tract is authorized by a written document. cooperate with Magellan and to Magellan's existing pipelines •At the completion of the pilot-
agreement with Magellan,the c.No Water Bodies on Magellan's make necessary adjustments in and other underground hole drilling,Owner shall provide
fencing must comply with the Easement Tract.Retention of water, Owner's interfering metallic pipe or facilities,including exposing to Magellan a tabulation of
following: including but not limited to, other remediation to correct such any facilities located within horizontal and vertical coordinates,
1) Not Parallel to Pipeline.No Livestock ponds,lakes,retention interference problem insure that the 10 feet of the designed drilled referenced to the drilled entry
fence shall be allowed to be ponds,or wetlands may not be Magellan cathodic protection path.Prior to commencing point,which accurately describe
constructed parallel closer constructed or formed on Magellan's system is operating properly. drilling operations,Owner the location of the pilot hole.
than 10 feet to any Magellan Easement Tract. e.Crossing Requirements. shall modify drilling practices 5)Drilling Fluids.
pipeline,within the d.Surface Grade and Elevation Electrical,fiber optic,local service and down-hole assemblies to •The composition of drilling fluids
boundaries of Magellan's Changes.Surface grade or elevation communication,long distance prevent damage to proposed for use shall comply with
Easement Tract changes must be reviewed and carrier telephone,and utility cables Magellan's existing pipelines all applicable laws and regulations.
2) Fence Posts Location.No approved in writing by Magellan. should cross Magellan pipeline(s) and other facilities.Owner •Owner is responsible for
fence posts will be allowed to with a minimum of 24-inches of shall be responsible for losses obtaining,transporting and storing
be within five(5)feet of any 4.Foreign Pipeline&Utility vertical separation.All such lines and repairs occasioned by any water required for drilling
Magellan pipeline or facility. Crossings.No foreign pipelines or must be covered with a Concrete damage all Magellan fluids.
3) Gates Required.Magellan utility lines of any type shall be Slab for the full width of the pipelines and other facilities •Disposal of drilling fluids and
may require any fence allowed to be constructed parallel to Easement Tract,if requested by resulting from drilling or drill cuttings shall be Owner's
constructed within the any Magellan pipeline within the Magellan.If such lines have an boring operations. responsibility and shall be
boundaries of Magellan's boundaries of Magellan's Easement exposed concentric neutral,a test 3) At all times,Owner shall conducted in compliance with
Easement Tract to have gates Tract point from the ground wire shall be provide and maintain applicable laws and regulations.
of such size and suitability as installed by the power company. instrumentation to document Drilling fluid shall not be disposed
is necessary or convenient for a.Minimum Angle for f.Crossing Requirements For and accurately locate the pilot of by placing fluids on or under
Magellan to access its Pipeline/Utility Crossing.Any Lines Going Over a Magellan hole and the drill bit,to the surface of Magellan's
pipelines and/or facilities for foreign pipeline or utility that is Pipeline.In the event the electrical, measure drill-string axial and Easement Tract.
its operations,including proposed to cross a Magellan fiber optic,local service torsional loads,and to •Owner shall employ best efforts
inspections,at each point pipeline must cross the Magellan communication,long distance measure drilling fluid to maintain full annular circulation
where the fence crosses a pipeline at an angle as close to 90 carrier telephone,and utility cables discharge rate and pressure. of drilling fluids.Drilling fluid
Magellan pipeline or facility degrees as possible,but in no event at cable crosses over a Magellan At Magellan's request,Owner returns at locations other than
boundary.Magellan shall be an angle less than 45 degrees. pipeline,such line shall be encased shall promptly provide entry and exit points shall be
allowed to put a Magellan b.Vertical Separation in red concrete across the.full Magellan with reasonable minimized.If annular circulation
lock on such gates,which will Requirements for Crossing.Foreign width of Magellan's Easement access to information and is lost,Owner shall take steps to
allow access to Magellan's pipeline(s),utilities(except high- Tract,unless a variance is granted readings provided by these restore circulation.If inadvertent '
Easement Tract and/or voltage lines—see below)or flow by Magellan,as set forth below. instruments,including copies surface retums of drilling fluids
facilities through such gates. lines should cross Magellan g.Written Authorization for of any written documentation. occur,they shall be immediately
4) Angle of Fence Crossing.It pipeline(s)with at least 24 inches of Variance.Owner must have written 4) Pilot Hole. contained with hand-placed
is preferred that fence vertical separation.Special written authorization from Magellan for any • The pilot hole shall be barriers(e.g.,hay bales,sand bags,
crossings be as close to 90 authorization must be given in the variance from the vertical drilled along the path silt fences,etc.)and collected
degrees as possible. event vertical separation is less than separation requirements listed above shown in the plan and using pumps as practical.If the
that specified in these General and/or for any variance from the profile drawings.No pilot amount of surface return is not
3. Landscaping,Elevation Encroachment Requirements.The requirement for hole shall be made that great enough to allow practical
Changes and Water. preferred method for a foreign will result in any of the collection,the affected area will be
pipeline or utility to cross a Magellan encroaching utility being diluted with fresh water and the
a.Landscaping Definition. pipeline is to cross below the installed in violation of fluid will be allowed to dry and
Landscaping shall include, Magellan pipeline. laws and regulations or of dissipate naturally.If
but not be limited to,trees, c.Warning Tape Required.When Magellan's requirements
shrubs,underground any foreign pipeline or utility line is described herein.
irrigation or sprinkler proposed to cross a Magellan However,safety for any
systems,sidewalks or other pipeline,Owner must place 6"wide adjacent utilities and/or
paths,retaining walls,terraces McMaster-Carr No.8288T12 or structures is of utmost
or other land grade changes, equal within Magellan's Easement importance.Therefore,
within Tract the listing of separation
distances or tolerances
herein does not relieve
Owner from responsibility
for safe operations or for
damage to adjacent
utilities and structures.
• If tolerances are not
specified in the plan and
profile drawings,the pilot
hole shall have the
_ following tolerances:
Page 6 of 17 Page 7 of 17 Page 8 of 17 Page 9 of 17 Page 10 of 17
General Encroachment Requirements—(L.P.— 1/1/07)
EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 3 of 4
the amount of surface return exceeds that minimum compacted cover over the carrier pipe,as •Owner shall place Six-inch wide plastic degrees.
which can be contained with hand-placed measured from the base of the rail to the top of the warning tape,McMaster-Carr No.8288112 or 2)Vertical Separation Requirements for
barriers,small collection sumps(less than 5 I pipe,as follows(see Figures 1 and 3): equal,over each pipeline for the width of the Waterway Crossing.Pipelines to be crossed
cubic yards)may be used unless permits or 1 temporary road or equipment crossing,plus an most have a minimum vertical separation of
other regulations prohibit the use of collection 1 Minimum additional 20 feet past each outside edge of such five(5)feet,as measured from the bottom of
sumps.If the amount of surface return Location of Compacted Cover temporary road or equipment crossing the waterway to the outermost part of a
exceeds that which can be contained and Pipeline Over Top of k.Owner Required to Protect Magellan Magellan pipeline,facility or appurtenance
collected using barriers or small sumps,or if Pipeline Pipelines.Magellan may require Owner to put in
the return of drilling fluids occurs in the body Under track structure place additional cover and/or stabilization 3)Adding Weight to Pipeline for Negative
of water proper,drilling operations will be proper(Below 6.0 feet (timbers,steel plate,crushed rock,concrete slab, Buoyancy.Owner shall bear the cost of
suspended until surface return volumes can be bottom of rail) etc.)at any approved equipment crossing in order Magellan adding sufficient weight or
controlled. Under all other to protect Magellan pipelines,taking into account mechanical devices to any Magellan pipeline
6)As-Built Drawing.Owner shall provide to surfaces within the 3.0 feet possible effects of weather,pipeline depth,and crossed by a waterway in order to create
Magellan an as-built plan and profile drawing right of way or from type of vehicles proposed to cross the pipelines. negative buoyancy for such pipeline.
of the drilled crossing showing the location of the bottom of ditches Magellan will analyze each proposed crossing
the new crossing as well as the location of based on information provided by Owner to S.Blasting.
Magellan's pipeline. g.Roadway and Driveway Crossings. determine any additional depth or protection that
Roadways and driveways,shall be installed with may be required for safe pipeline operation. a.Magellan Written Approval
5.Roadway.Driveway.Railroad and Equipment a minimum compacted cover over the carrier I.Heavy Equipment-Definition and Required—Plan To Be Submitted.
Crossings.No roadway,driveway,railroad or pipe,as measured from the top of the roadway Requirements.Heavy equipment shall be defined Magellan must approve any proposed
equipment crossings of any type shall be allowed surface to the top of the pipe,as follows(see as vehicles having a gross weight in excess of blasting operations that could affect its
to be constructed parallel to any Magellan Figures 2 and 4): 80,000 pounds.Heavy equipment shall be pipelines or facilities.Should blasting be
pipeline within the boundaries of Magellan's prohibited from working directly on top of the necessary,a comprehensive plan must be
Easement Tract. active pipeline.For vehicles having a gross submitted to Magellan for review and
Location of Pipeline Minimum
Compacted Cover weight of 80,000 pounds or less,the pipeline must written approval.
a.Pipeline Integrity Inspection. A pipeline Over Top of have a minimum of 4 feet of cover.Magellan b.Safety Considerations—Damage
integrity review shall be performed by Magellan Pipeline most analyze the additional longitudinal stress Prevention Plan.For safety and
as described in provision"6"under"C. due to external loads if the vehicles have a gross preservation of Magellan assets,all
Encroachment Planning"(above). weight in excess of 80,000 pounds in order to blasting shall be in accordance with
Under roadway
b.Load Bearing and Stress Limit determine required pipeline depth for safe federal,state,and local governing
surface proper 4.0 feet
Requirements.Prior to any road,driveway,rail operation. agencies and the Magellan's"Damage
(Below surface of Prevention Plan for Blasting Near
bed or equipment crossing construction, pavement) S
Magellan's engineer most determine whether the Under all other 6.Parking Lots and Other Pavement. Company Facilities".A copy of said plan
proposed compacted cover meets load-bearing will be made available upon request.
requirements and provides adequate protection to surfaces within the 3.0 feet a.Parking Lot and Pavement Requirements.
limit stress on Magellan's pipeline or other right of way or from All parking lots and other pavement installed on E.EXCAVATION NEAR MAGELLAN
facilities and must advise Owner of any the bottom of ditches Magellan's Easement Tract shall consist of a PIPELINES.
additional requirements necessary to provide h.Crossing Pipelines Transporting Highly flexible surface such as asphalt.No reinforced
adequate protection. concrete will be allowed. 1.STATE"ONE-CALL"REOUIRED.No
Volatile Liquids.For Magellan pipelines
c.No Crossing Over Pipeline Bend.Paved b.Pipeline Depth Under Parking Lot.The excavation or activity listed in"A.GENERAL
transporting highly volatile liquids,minimum
surfaces or rail beds shall not be allowed to cross depth of Magellan's pipelines under a parking lot -1.Encroachment Definition"above shall be
a pipeline bend(point of inflection). cover for a crossing at a drainage ditch must be 4.0 must meet or exceed compacted cover performed by Owner in the vicinity of
feet.
d.Minimum Angle of Crossing.Crossings requirements listed in the previous"Roadway, Magellan's facilities or within Magellan's
should be as close to 90 degrees to Magellan i.When Additional Depth Required.Depth Driveway,Railroad,and Equipment Crossings" Easement Tract until proper telephone
greater than the minimum depths stated above may
pipeline(s)as possible,but not less than 30 section above notification has been made to the appropriate
degrees. be required for a pipeline due to the combined "One Call"system and a Magellan
e.Pipeline Casing Issues.Magellan prefers that stress of internal pipeline pressure and external 7.Waterway Crossings. representative is on-site to monitor excavation
loading pressure.Magellan will analyze each activities.All of the states in which Magellan
cased roadway and railroad crossings no longer proposed crossing based on information provided
be installed.If the carrier pipe under roadways a.Pipeline Depth Requirements.If Owner conducts pipeline operations have"One Call"
by Owner to determine any additional depth that
and railroads requires adjustment or relocation, proposes to cross a Magellan pipeline with a laws,which require 48-72-hours notification
may be required for the pipeline for safe operation.
then instead of using casing,the carrier pipe will waterway(river,stream,creek,irrigation canal,or prior to any excavation related activities.
consist of extra strength material or heavier wall
J.Temporary Roads and Equipment Crossings. drainage ditch),such crossing most result in After making a One-Call,the state One-Call
Any such road or crossing most meet the following
thickness to accommodate the additional Magellan's pipelines meeting or exceeding the agency will notify Magellan to mark
longitudinal stress due to external loads.If a road requirements: minimum depth below the bottom of the accurately,in a reasonable and timely
or railroad crossing currently uses casing and the •Must be located at a site approved by a waterway for compliance with then current manner,the location of the Magellan's
Magellan field representative. facilities in the vicinity of the
road or railroad is being widened and no other pipeline construction standards and federal,state, pipeline ry
adjustment or relocation of the carrier pipe is •Must provide adequate protection for and local regulations. proposed encroachment.
Magellan's pipeline and other facilities,as
required,then Magellan may elect to extend the b.Requirements for Waterway Crossings:
determined by the appropriate Magellan
casing pipe on the existing crossing(s)to I)Minimum Angle or Crossing.Crossings 2.ONE-CALL NOTIFICATION.The
accommodate additional road surface.If casing is engineer,so that the compacted cover meets
sur should be as close to 90 degrees to Magellan following list is provided for convenience,but
used,it must not end under the roadway surface load-bearing requirements and provides pipeline(s)as possible,but not less than 45 is not warranted by Magellan to be complete
or track structure,but most extend across the adequate protection to limit stress on the or accurate(telephone numbers were copied
pipeline or other facilities.
entire length of the roadway or railroad right of from each state's web site on I/5/2004).
way. Owner is required to acquire and call the
f.Railroad Crossing Requirements. Railroads appropriate One-Call number(s)for its
shall be installed with a location of activity.
Page 11 of 17 Page 12 of 17 Page 13 of 17 Page 14 of 17
General Encroachment Requirements—(L.P.— 1/1/07)
EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 4 of 4
Current"ONE-CALL"numbers and information can shall cease using the mechanical means when it reaches a point within two feet of
be found on each state's"ONE-CALL"website: the Magellan pipeline(see next provision).
Arkansas-www.arkonecall.com/ -800 482-8998
Colorado-www.uncc2.org/ -800 922-1987 7.Exposing Pipeline by Hand.Excavating within 2 feet of any Magellan
Illinois-www.illinoislcall.com/ -800 892-0123 pipeline shall be done by hand-digging until the pipeline is exposed and its
Iowa-www.iowaonecall.com/ -800 292-8989 location is accurately known.Then,Owner must position the excavation
Kansas-www.kansasonecall.com/ -800 344-7233 equipment so that from the point of operations the equipment will not reach
Minnesota-www.gopherstateonecall.org/- within 2 feet of any Magellan pipeline.
-800 252-1166
Missouri-www.molcall.com/ -800 344-7483 Minimum depth
Nebraska-www.ne-diggers.com/ -800 331-5666 RAILROAD AND HIGHWAY CROSSINGS L below bottom of mil
North Dakota-www.ndonecall.com/ -800 795-0555 I�iioad
Oklahoma-www.callokie.com/ -800 522-6543 Minimum depth Drainage ditch
South Dakota-wwwsdonecall.com/index.asp Minimum depth Minimum depth bebwditch r
-800 781-7474 below ground below bottom of rail
Texas-www.texasonecall.com/ -800 245-4545 Minimum depth Railroad ¶ Drainage ditch "``
Wisconsin-www.diggershotline.com/-800 242-8511 below ditch \� Vent �--
1 Minimum depth below ground �lhcased ca derp pipe
Alternatively,the National One-Call number-(888) axac: c
258-0808-may be used to register a proposed �r
excavation and to subsequently notify underground �� UNCAP RAILROAD C ROSS NG
utility operators with assets in the vicinity. s"End seal Casing Carder pipe Fl GURE 3
3.Excavation Plan Approval.Owner shall submit to CASED RAILROAD CROSSING
Magellan for its approval plans for any proposed
excavation on the Magellan Easement Tract.No FIGURE 1 2 Hgrway $ Drainage Dtch
excavation on Magellan's Easement Tract shall be Minimum depth
commenced until Owner has secured Magellan's written below ditch I
approval of the plans.The excavation work shall be in .,i i-rt i' ' `,
.e-
compliance with all applicable laws and regulations. Minimum depth Drainage ditch
Owner is also referred to the Common Ground Alliance below ditch��77 H9 e), Minimum depth below
Best Practices(referenced in this document). / I thcased Cartier Ape
/ �nt 9rdace Of Rivement
4.Magellan Representative On-Site for Excavation. nr nti Canierppe UNCASED HIGHWAY CROSSING
A Magellan representative must be on-site when an - - -- __ - - FIGURE 4
excavation is occurring on Magellan's Easement Tract
(see provision"2"under"A.General"beginning on `Emit seal pipe Casng Minimum depth below
page�) aidace of pavement
CAS HGMAAYCRDS3NG
5.Removal of Side-Cutting Teeth from Equipment. FIGURE 2
Side-cutting teeth shall be removed from buckets of
excavating equipment.
6.Parallel Excavating Required.When,in preparation
for crossing any Magellan pipeline with any other
pipeline or with electric line,communication line,
roadway or any other structure or facility,Owner needs
to locate a Magellan pipeline by use of mechanical
means.Owner must perform such locating activity by
excavating parallel to the Magellan pipeline with such
mechanical means,but
Page 15 of 17 Page 16 of 17 Page 17 of 17
General Encroachment Requirements—(L.P.— 1/1/07)
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INSET A
+'. - c ROAD SECTION WEST EAST
�4 r/j /// R/W q. STREET
===/� (VARIES) (VARIES) -/W
2'TYPE SP 12.5 WEAR COURSE MIX (2,C)(SPWEB240C) 20' 20' g
2357 BITUMINOUS TACK COAT ..e -
2"TYPE SP 12.5 WEAR COURSE MIX (2,C)(SPWEB240C) (DRIVE LANE) (CENTER TURN LANE) (DRIVE LANE) (TRAIL) 1'
2357 BITUMINOUS TACK COAT
2 TYPE SP 12.5 NON WEAR COURSE MIX(2,C)(SPNWB230C) 4' 16' 6' 2' 12' 12' 12' 2' 6'(TYP) _ 8' 2' MIN.
8"AGGREGATE BASE CLASS 5 (MOD) I SEE PLAN 12 112 i
24'SELECT GRANULAR BORROW
8618 CONCRETE
CURB AND GUTTER 2.0% g i
4.0% 4.0% 4 MAX 9 8
(TYP) 22 0%% 2.0% (TV)) 1' 4 g�
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INSET B MATCH EXISTING �4:1 SLOPE �X FINISHED PROFILE _
INSET B
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DITCH WHERE SHOWN INSET A 3 e
IN CROSS SECTIONS sa B
2" TYPE SP 12.5 WEAR COURSE MIX(2,8) (SPWEB240B) BACARDI AVENUE e
6' AGGREGATE BASE CLASS 5 (MOD) (INCIDENTAL) TYPICAL SECTION
12' SELECT GRANULAR BORROW(INCIDENTAL) 16i g 4
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6'CONCRETE 8'CONCRETE ' MI
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YP
6'CLASS 5 AGGREGATE BASE OR RECYCLED EQUAL(MNDOT 3138) (INCIDENTAL) Z Z Z
4"CLASS 5 AGGREGATE BASE OR RECYCLED EQUAL(MNDOT 3138) (INCIDENTAL) W O
SCARIFY k RECOMPACT SUBGRADE(INCIDENTAL) SCARIFY&RECOMPACT SUBGRADE(INCIDENTAL) Q Uy m
SCARIFY ANO RECOMPACT SUBGRADE(INCIDENTAL) G~ 1-
RESIDENTIAL CONCRETE DRIVEWAYS COMMERCIAL CONCRETE DRIVEWAYS ten Z
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TYPICAL TRUNK SANITARY SEWER TRENCH DETAIL X
(CONSTRUCTION LIMITS DETERMINATION) W
S.A.P. 208-134-001 BACARDI AVENUE
CITY PROJECT NO. 452 TYPICAL SECTIONS SHEET 10 OF 83 SHEETS
K\01916-92%Catl\R"n\01916.9]-TypcN Sect on.MQ TYP
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SAP. 208-134-001 BACARDI AVENUE
CITY PROJECT NO. 452 PEDESTRIAN CURB RAMP DETAILS SHEET 14 Of 63 SHEETS
K\01916-920\CaaP4n\1916-92 PED PAMP.Cvp,PED
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1 CP#452
, z BACARDI AVENUE siA 4+84.46, I
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1 25.53*L l -REIOCATE
I / CONSTRUCT 60"MANHOLE OVER 32/-6-DIP CL 52 W7A BY OTHERS -
EXISTING 15-STEEL CASING PPE STA 3+40.94, SALVAGED 6'GATE VALVE I
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CONNECT TO EXIiNG SEE DETAIL 15.96/L-
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OVERHEAD TRANSMISSQN LINES!! \ 19.3EX L 12.64 L I --,--
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CONTACT CHAO PETERSON 1 1 -
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