Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
6.l. Authorize Encroachment Agreement with Magellan Pipeline - 2014 Street Improvements Project, City Project 455
4 RGSEN4OUN1T EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting: June 3, 2014 AGENDA ITEM: Authorize Encroachment Agreement with AGENDA SECTION: Magellan Pipeline — 2014 Street Consent Improvements Project, City Project 455 PREPARED BY: Andrew J. Brotzler, PE, Director of Public AGENDA NO. Works / City Engineer b ATTACHMENTS: Agreement; Resolution APPROVED BY: RECOMMENDED ACTION: Motion to Approve Resolution Authorizing Necessary Signatures on the Encroachment Agreement with Magellan Pipeline for Improvements in the 2014 Street Improvements Project ISSUE City staff requests Council authorization to execute an agreement with Magellan Pipeline for improvements to Shannon Parkway within the Magellan Pipeline Easement as part of the 2014 Street Improvements, City Project 455. BACKGROUND: The 2014 Street Improvements Project includes the construction of a bituminous trail along the westerly side of Shannon Parkway from 141' Court to Dander Court. This trail crosses the Magellan Pipeline. 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. This agreement has been reviewed by the City Attorney. G:AI?NUPROJ\455\Council Items\20140603 CC Authorize Magellan Agmt.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 2014 STREET IMPROVEMENT PROJECT, CITY PROJECT 455 WHEREAS, the 2014 Street Improvements Project includes the construction of a bituminous trail along the westerly side of Shannon Parkway from 141st Court to Dander Court. This trail 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 mill and overlay of Shannon Parkway, a new 8-foot wide bituminous trail within the Shannon Parkway street right of way along the westerly side of Shannon Parkway, 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 East Half of the Southwest Quarter (E 1/2 SW 1/4) and of the South Half of the Southeast Quarter (S '/2 SE 1/4) of Section 19, and a portion of the North Half Northwest Quarter (N '/2 NW 1/4) and the Northwest Quarter of the Northeast Quarter(NW 1/4 NE 1/4) Section 30, all in Township 115 North, Range 19 West (which portions lying in Section 19 and the NW 1/4 of Section 30 are now a part of Country Hills Third Addition and which portion of the NE 1/4 of Section 30 (now within the street right of way of Shannon Parkway) is part of the 1 Encroachment Agreement EA-F Xing—3-28-05—Tracts 8108&8109, Dakota Co.,MN-Agent DM -Project 14-006 subdivision known as Shannon Hills, all in Dakota County, Minnesota, pursuant to those certain instruments recorded in the records of said county and state and described as follows: 1) Right of Way Agreement dated July 12, 1977, from Harry J. Birger and Naomi R. Birger, husband and wife, in favor of Williams Pipe Line Company (Magellan's predecessor in interest), its successors and assigns, and filed for record as Document No. 494125 of the Dakota County Records; and 2) Re-recorded Amendment of Right of Way Grant from Harry J. Birger and Naomi R. Birger, husband and wife and from U.S. Home Corporation to Williams Pipe Line Company (Magellan's predecessor in interest), recorded as Document No. 632659 in the Dakota County Records; and 3) Right of Way Agreement dated June 2, 1983, from Emmett C. Carroll and Elizabeth J. Carroll, husband and wife, and Richard L. Carroll and Martha M. Carroll, husband and wife, in favor of Williams Pipe Line Company (Magellan's predecessor in interest), its successors and assigns, and filed for record as Document No. 626983 of the Dakota County Records; and 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": 1) City of Rosemount, City Project No. 455, Cover Sheet No. 1 of 16 — 2014 Street Improvement Project for the City of Rosemount— by WSB & Associates, Inc., signed by Phil C. Olson, PE on Feb. 18, 2014; and 2 Encroachment Agreement EA-F Xing—3-28-05—Tracts 8108&8109, Dakota Co.,MN-Agent DM -Project 14-006 2) City of Rosemount, City Project No. 455, Typical Section & Details No. 3 of 16—2014 Street Improvement Project for the City of Rosemount — by WSB & Associates, Inc., signed by Phil C. Olson, PE on Feb. 18, 2014—(annotations added by Magellan); and 3) City of Rosemount, City Project No. 455, Shannon Parkway Mill and Overlay Improvements No. 11 of 16 — 2014 Street Improvement Project for the City of Rosemount—by WSB & Associates, Inc., signed by Phil C. Olson, PE on Feb. 18, 2014— (annotations added by Magellan). 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 west side of Shannon Parkway, as shown on Exhibit"C". (b) Road mill and overlay on Shannon Parkway as depicted on Exhibit "C", across 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) Adjustment of storm sewer casting on west side of Shannon Parkway and near southerly edge of Magellan's Easement Tract, which may encroach into Magellan's Easement Tract, as shown on Exhibit"C". 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 3 Encroachment Agreement EA-F Xing—3-28-05—Tracts 8108&8109, Dakota Co.,MN-Agent DM -Project 14-006 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 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 4 Encroachment Agreement EA-F Xing—3-28-05—Tracts 8108&8109, Dakota Co.,MN-Agent DM -Project 14-006 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 (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. 5 Encroachment Agreement EA-F Xing—3-28-05—Tracts 8108&8109, Dakota Co.,MN-Agent DM -Project 14-006 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 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 6 Encroachment Agreement EA-F Xing—3-28-05—Tracts 8108&8109, Dakota Co.,MN-Agent DM -Project 14-006 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. 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 7 Encroachment Agreement EA-F Xing—3-28-05—Tracts 8108&8109, Dakota Co.,MN-Agent DM -Project 14-006 (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. 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: 8 Encroachment Agreement EA-F Xing—3-28-05—Tracts 8108&8109, Dakota Co.,MN-Agent DM -Project 14-006 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 she 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: 9 Encroachment Agreement EA-F Xing—3-28-05—Tracts 8108&8109, Dakota Co.,MN-Agent DM -Project 14-006 EXHIBIT "A", Page 1 of 2 SUBJECT LAND The street right of way of Shannon Parkway and lands adjacent thereto on which Magellan's Easement Tract as described in this Agreement and in Documents No. 494125 and 626983 (Recorded in Dakota County, Minnesota) is located (depicted on Exhibit "A", Page 2 of 2). The following subdivisions in Dakota County, Minnesota, in which Shannon Parkway intersects Magellan's Easement Tract as referenced above are as follows: 1) Shannon Hills 2) Country Hills Third Addition 10 Encroachment Agreement EA-F Xing—3-28-05—Tracts 8108&8109, Dakota Co.,MN-Agent DM -Project 14-006 / / _ 9. MATCH LINES I 4, / Is[E SHEET NO.11 1 --� ri'L••E •+r'A'T.°�a'j' _ AI CONNEMARA TRAIL T-Aw ae CR3 -� A vcrel!'27 -mow .-_j,10i•,_,,r ,s•.,e -Irw3o 1,-7473T-I f Nan -n g A 1.3°"8"8°....t:12018...' `181 •I I<it, 3, it I� .I li. I I I i I$ I .R _ �-.1 fei•al�.?'e ,rt:.:1~'w :1.'i. _ • .•f...,,,.,, c 7 C' ✓1118 �I a L_wu_-J a t t� ‘ ,a :$sf•", ,iii$, Ili V:\ Xyx g__. _.6. rararra <' 'a i t Y- s``°°�< , I'aw '\°ti�xl1 b .,8 1 bT b ...;„„.1 1 4- 9 V . L.......8..0 N'E •s - A°s '!P I . 4`0♦ 40� ,.0 84 P v.;.f.�L1r2$t', C' ,A • S/ --1 YiG ,i1soa.J J a- Y ��¢ • b 8�/'...woo'.`.•'-�•>4o •s �� �.b• .6) E .'•..$ °•.\ 'i ,`LTS3's.l` 'b - / \f,. /'�•ro•a �.?•°•a. /.��,M:a -- �0 3 -‹ i yy�'`° •�',j i°,7aF.7 7s . /'...sy1*- --x 1' .re.; °.'- '918• g/ / 1 / aM . a, ,P+ '''''''',/Y' /.;._ �...`. r1,to °.`ix.% a° t3/ wa"\\ y8fS. •� NNa /r.-.\ ,,s„*.r is "' I i ,,aa:isi,t ''ao Kn•\\\ at�1 +% } bd // f s\\,r8",'.a�4 X!5,. ` R :. h>O,��� �' \\ 1. ,° • °_ i�ra p 4. ao'�� 'p a\'„ ;‘.,r.. gl :I s I2. W -"1\Y~ /1 T i m aJ -•;',-:;.-1-.43.,,m 8/ •P � .rui�q • .,\\ �, 6 -_T_.- //.y.,, =" r-- `h $5 t J P A aoT� .04‘,,,s4; \ 1 1'-. y,4 ,, 0 l�, "��� N 4y J A\ 1\`9 I .X .. uam g �a000 F / r- A8 i y'v1+ ,£•q r// a 'n ,i.\ \\\ \ >F '.P, _ t-___mJS_S! $6666 ,, ,, oO.�, SM CORNER Or .4;:,;;;;;.,:,-r 4 \yA � /�� a - SEC 9.!113.x9 � xIIK Orx2 NX40.imp* Z ` s C/9 coxx[x eyg$ a.N_ - ~, It / O, / 0•SCC 3 TI S AI� 4 _---_ <\\ -."---1-k-% Jr,I WNOT•COUNTY C.I.N. •�•II••JJEe����!!11 y s " ............... <r r �•i� u POUND 01 \3;; J�' " ' '`U I " x'47 x ' The east 40 ft of Shannon Pkwy ' Ni oOO r�9T�a4 +9.w .v.. a 1__ x' s �� t{/ Q, .to-, vo.,, -1S 8.1 t, • 'y/ 6 L wF - Y. %N,VI' ng}, its ?-, u lies within Shannon Hills o \ ... `" I',e 1F, ill s. .. /,/,,. _ [addition]. The triangular ;'" -`w.' °"Ve„,,$_ L:4p9,,_ J '°° ....∎--J„.t-�1 portion of the Magellan = -, \>�, � - % AVENU ;;a Easement Tract lying outside of "," r-.001r°'°'�t"`ter 4 ! Country Hills Third Addition is 7\\.\ /•',„... <� ,1 ill La,1 .'`t4, a %., .,, 1W m al a .-4,,a, w,,. described in the Right of Way (" \,j„s 8.11. 11‘.1 u X Agreement - Document No. (f) c- jU / ..�/ •-.4:.w,,,ems .A.�i..__9.Yils3__SI , \ 626983 [recorded in Dakota SF >9� ••:•„ EI aH l rMbdl r9bo-I rIEii 1 _� R • /,�d ; ■ ;, q County, MN] and is located in -<-117 /10Z / ab,.*4 "S w Sd IS w k'1aw Z"-w klL w S '$-? ii '* / EA :.s\ ;; 5,0!',[-^11 o = it s Shannon Hills [addition] and --�•/ ..8_�'4.4-`,`�\`°2"x'1; ,:t.1 ;11, ': appears to lie within the I / Hi ar : ' •,wr0000 314I$Taa.a.ao§OURT W4. I present street right of way of ! • ° N Nf `° s II Shannon Parkway. \N \ ":,se....-......`w _l.,-ii.;.* \ • '•sale nY°1✓,ono 1 r-If 1 n _. 0 \ ♦ cr.o;,..,..d 5-. w ".oz. 1'{g II 4,L 41L _I Nw,/, NE,/. "4 1fi0a `°!r:" 4.//w 411.°• D:IP-1 Al 3 __� w \ .Ago/- ' , .9/¢o lit..' .1I is I -- \ .b !7,/ N etvz_ tr>'a_I L•2°9J L+9R9J L94OJ L29�J a SEi/,_es'.4 'k,:/ OOi yw riu r.au 1 rnao 1 r,-a.-oo,r,-eoo l rK.a 1: 3 SW va \ s ;o /// /�*r i°o J3+" 41 .4116 + _o +°/\•,,.q7 ,�,4 fig,,//. .I �IaI II 41b 4il xi \ tn� /a'P'/a'�\ 4.',.•1e:/ Eo lag,V n Co C.1 i Z.I C' i w °' 1 -1 0 i 41/ .. %�J� o�'I•PoZ'+ll dll '�'ji .t,l '?{qX1 � :4 xw �T I °S j x.00 Yr1�,, Y--v- i'fu,J L,L^g!L,zaoJ L149_1�a.riJ,. .- x / y ^ -e'•--••. DEBORN_N «,.1 r,:ooi r,:.or-1 r,..00\r�a:.--, --_L--- It;* \...,v / J4 ro a law :la t YII it a 41 IS m>:.I P KI it o 11.,x1\'e SGT // 2:7/1/: .,IA 'I,',X s' 11=y I 1$ ' g / // I1 , II 1i 11 1 L__L_2!!_J L-196!_./L_QZ•_J Lni J L3aQJ LIM.J L39➢J LL1i.9___��.: *niVaT- .. a S49•27'13"W S ....nfaN. •409.39 ._.... w:`f `EOUTw LW of N/a Of NM/.OF SEC.30 lA N, 8 'Ea ;11,11 6 y r rT` -- a� /AA N.—la I sQ Y o- 8 m 1 'EXHIBIT "A", Page 2 of 2 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 PIPELINES) 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 Reauired.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 Subiect to Beinp Magellan and Owner before Owner requires a copy of the Subdivision provided to any 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 all or part of any Prior to the installation of any representative.No excavation on land) overhanging Y P width a srght of way one or more ) P Y 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 Stricture.Vertical separation is 1.Encroachment Definition.An industrial. 1.Plan Review Reauired by structure,parking lot,roadway or defined in this document as the "encroachment"is any use of the Magellan.For any encroachment, other encroaching facility in order to vertical distance between 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 Magellan's Easement rights or which comply with all applicable laws and the encroachment occurring,for and to allow Magellan to make any example,the outside of the pipe[for could create safety concerns for regulations,as well as Magellan's purposes of damage prevention. needed changes prior to construction uncased pipe]or the outside of the Magellan pipelines and/or facilities policies 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 most 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). foreign utilities,foreign pipelines, www.commongroundalliance.com engineering impact study and to Magellan's Easement Tract roadways,railroads,waterway (See`Program Information"/"Best insufficient information could result without written authorization from 13.Construction Eauioment 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 Reauired On-Site.Magellan laws and regulations,Magellan's relationship to the pipeline(s). 1.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 1)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 Fences. 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+/-IO buildings,houses,bams,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 I) 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/Wage/fan 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/n 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 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 theft!! 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 returns 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.8288T12 or 2)Vertical Separation Requirements for barriers,small collection sumps(less than 5 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 temporary road or equipment crossing,plus an must have a minimum vertical separation of other regulations prohibit the use of collection 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 8.Blasting. Magellan's pipeline. g.Roadway and Driveway Crossings. determine any additional depth or protection that Roadways and driveways,shall be installed with maybe 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 Compacted weight of 80,000 pounds or less,the pipeline must written approval. Compacted Cover I a.Pipeline Integrity Inspection. A pipeline Over To of have a minimum of 4 feet of cover.Magellan b.Safety Considerations—Damage o integrity review shall be performed by Magellan must analyze the additional longitudinal stress Prevention Plan.For safety and Pile 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) g Magellan's engineer must determine whether the 6.Parking Lots and Other Pavement. Company Facilities".A copy of said plan proposed compacted cover meets load-bearing Under all other will be made available upon request. requirements and provides adequate protection to surfaces within the 3.0 feet a.Parking Lot and Pavement Requirements. right of way or from limit stress on Magellan's pipeline or other 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 flexible surface such as asphalt.No reinforced h.Crossing Pipelines Transporting Highly adequate protection. concrete will be allowed. t.STATE"ONE-CALL"REQUIRED.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 cover for a crossing at a drainage ditch must be 4.0 a pipeline bend(point of inflection). 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 i.When Additional Depth Required.Depth should be as close to 90 degrees to Magellan 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 stress of internal pipeline pressure and external representative is on-site to monitor excavation e.Pipeline Casing Issues.Magellan prefers that loading pressure.Magellan will analyze each 7.Waterway Crossings. P cased roadway and railroad crossings no longer g P g y activities.All of the states in which Magellan 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 must result in After making a One-Call,the state One-Call Any such road or crossing must 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. road or railroad is being widened and no other pipeline construction standards and federal,state, pipeline facilities in the vicinity of the 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 i accommodate additional road surface.If casing is engineer,so that the compacted cover meets should be as close to 90 degrees to Magellan following list is provided for convenience,but I load-bearing requirements and provides used,it must not end under the roadway surface adequate protection to limit stress on the pipeline(s)as possible,but not less than 45 is not warranted by Magellan to be complete or track structure,but must extend across the or accurate(telephone numbers were copied entire length of the roadway or railroad right of Pipeline or other facilities. from each state's web site on 1/5%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.cond -800 482-8998 Colorado-www.uncc2.org/ -800 922-1987 7.Exposing Pipeline by Hand.Excavating within 2 feet of any Magellan Illinois-www.illinois1call.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.mo1 cal l.com/ -800 344-7483 Minimum depth Nebraska-www.ne-diggers.com/ -800 331-5666 RAILROAD AND HIGHWAY CROSSINGS below bottom of rail North Dakota-www.ndonecall.com/ -800 795-0555 hadrsadl Oklahoma-www.callokie.com/ -800 522-6543 Minmum depth \ •_ Drainage ditch South Dakota-wwwsdonecall.com/index.asp Minimum depth Minimum depth below ditch / — -800 781-7474 below ground below bottom of rail Texas-www.texasonecall.com/ -800 245-4545 Minimum depth Railroa• CDrainage ditch 'NIA. Wisconsin-www.diggershotline.conJ-800 242-8511 below ditch \ Vent \ 1 \\\ Minimum depth below ground `thcased canter pipe Alternatively,the National One-Call number-(888) a- �r—_ 258-0808-may be used to register a proposed excavation and to subsequently notify underground "'\ UJCAS D RAILROAD CF3DS9NG utility operators with assets in the vicinity. `End seal Casing Carrier pipe FIGURE 3 3.Excavation Plan Approval.Owner shall submit to CASED RAILROAD CROSSING Magellan for its approval plans for any proposed C excavation on the Magellan Easement Tract.No FIGURE 1 L Flahway $ Dainage Dtch excavation on Magellan's Easement Tract shall be Minimum depth / commenced until Owner has secured Magellan's written below ditch ,—_ approval of the plans.The excavation work shall be in "��_ "'obilbiali compliance with all applicable laws and regulations. r Minimum depth Daiease ditch Owner is also referred to the Common Ground Alliance below ditch—( Ff9hway Minimum depth below Best Practices(referenced in this document). lhcased Cartier Rpe / lt?nt Surface Of Ravement 4.Magellan Representative On-Site for Excavation. Pe* w* Carrier pipe UNCASED HIGHWAY CROSSING A Magellan representative must be on-site when an _ R GU RE 4 excavation is occurring on Magellan's Easement Tract (see provision"2"under"A.General"beginning on \-End seal pipe Casing Minimum depth below page/) surface of pavement CA9ED HGF-I PYCIOSSING i 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) i CP#455 PLAN SYMBOLS 2014 STREET IMPROVEMENT PROJECT GOVERNING SPECIFICATIONS SCAN UNE --- C011^INK FOR THE THE CITY OF ROSEMOUNT GENERAL SPECIFICATIONS a STANDARD DETAL PLATES TOWNSHIP DR RAKE UNE —.—. FOR STREET at UTILITY CONSTRUCTION-2012 E(TLON. MAM to --- CITY OF ROSEMOUNT WATERMY GI ER'SAS SEWER SHALL I BE CONSTRUCTED IN ACCORDANCE WITH MAMA tog 11£Ott ENGINEER'S ASSOCIATION OF MINNESOTA STANDARD UTTLTTIES Ss-CENT.URIC --• - wranCAT10N5 o Nos). RIGHT-Or-RAY LINE -� STORE EASEMENT 114E 2005 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION `"'ESENT RG"T-Of-W'AY ----- CONSTRUCTION PLAN FOR STREET MILL AND OVERLAY IMPROVEMENTS *STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION.'SHALL GOVERN. ca+TROL Of TS ACCESS A W • ALL TRAFFIC CONTROL.DEVICES AND SIGNING SHALL CONFORM TO THE MN MUTCD PROBITY NAM(PROPER,AND taus) - INCLUDING THE FIELD MANUAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS. vACATm vuT,rD vaavear -----' BORATE OR=H^MINI v'•"':°�� SHANNON PKWY, COVINGTON AVE, 147TH ST, CRESTVIEW AVE, CRANDALL AVE, ALL TRAFFIC CONTROL DEVICES SHALL HAVE RETROREFLECTNE SHEETING. 1 TRUNK wMeNIT CENTER IKE -4--0-4. LOCATED ON ALIBIING WALE RAISON/ TRT=TRTAT=. UPPER 149TH ST, 149TH ST RMROA I-W-WAx - NCR OR CREEK NM NN CITY PROJECT NO. 455 DRw•u p.c.. B¢c - SHEET NO DESCRIP1TO11 DR+R,THE .,s_.......... - Amman •�E�`�tT� I/ 1 RILE SHEET CAREW ORM RAn a===== w,lt ♦ ,i 2 GENERAL LAYOUT GUM RA, . ._ i1!s1►�r A li 1 3 TnICALacm BRIBED YORE FENCE -•—.- �� `` 1r� SEMEN INN NC r[TIC[E �iAK�Y_ t i ` 4 j11ii r t - ___-__.._ ......� 4.6 DODDS ORM2ND O∎EMENTS p�I R �,�, 79 DCDDSTORMIhPRpEA1ENTS RnaroAD SNOW MCC - - - i I t.-1-'--'" i * 10-13 SHANNON P:,RKh"AY RAPRv1'EUENTS f STOIC WAIL OR MCC 9s�1 • , t � -AP 14 CLNNEG{:Rk TRAIL 9APR01EL¢NTS wrra W4.6040 011055R.4 50,4 V L � O�v., �{, _ iS16 PEDESTRIAN'LIMOS EhE.NTS RAILROAD CRDSSNF AU it i-.' iir "r�-{ 1. i` `�! ._.,, ,. ... `/ !A• VM Goa WON 8 - 3 T�t'C,,;T 'n, sr t� 'rye ----- lY 1145 PLAN Gg91ANS IA SHEETS � "/4,Spi 1, I �I PPI SAWN GT• EEBSIM .t, 1J a�/�jeS•' �1111II 1la ti`` MC N1WGN, * I d --1: 111.. I l T ______.. ALL APPLCABLE FEDEWN,STATE.AND LOCH.LAW'AND ORDINANCES WU.BE COMPUCD iiiii MCI wANO ,�r�= RTi)1 M THE CdNSTRl)CTKXN OF t1DS PR0.IECT.f IM 11 1 D.TRRAss,NERiRAY DA!) �'r— - N�`N I i +��1 uIxRPASS KJIMAY olapT) �LI�E ■� IT-e ,}'n - WCQ ro, A Sae. • 1 ,� '. V tk VIII LI ( <I °FF '{j (}'�TTi'1T}'�^T:�'}'1 1 °` I I i/L MN 55416 MOW 41,BOSOM(OW STOW rRnuq r ` - : ^; ~ RRBWN.mm Iffilr-MIME c-=cam s n.2' so«► :/4J !.1'J Ra i�N��r I� AIIIIIIIIIIIIIII S-STONE T-TAE TS 1.1 /O �,+ . '-1 IHBPl !11! - •A..•nNN,..e. X /�_ NOM,MOOR PHIL Std • � • .. •I, 7'7�T�T ' -: _II�, •11 11111 9�.Y..{9�B�II KRASTAIICiURE [:1JfIWb AMMAN,t TRJCigR WNUIIENT(SroNE.mHCaRE.a YEUI) •704! e t , A u +i-1, J �... ':_11111111,'� •:1 .IIIFT'IP1!1111 11111 I HL HEREBY CEREIFY ,. VAS PLAN WAS PREPARED BY ME OR UNDER M1'MEET • "N '"'"'�— PROJECT -,� PLAN WAS PREPARED PROFESSIONAL ENGINEER INDIA EE UHF am MINN M111'�!!!}lsl���►'�!!A - iN llEtgl�Elllf 1 II S„PERNSN NM PST _•QtrrJ' �� ( ' LOCATION �r�_. �_ AWS >n. l •op :: 1L1TY !!JiW1 .. ► - ®(�°M/�� IC N - ,.SYMB❑LS %I I H ..`,4=- ,W'+"' .- ®i1 1 I� RCH 19 2014 47999 MI 'IJ1E .4--o-- t d � '•` ` ���/p����!■' ;� it� .M,F1 �! I• ►1III�iB� TxTE —.IREpRONE OR TEtEWAPH NriE UK + m ` • ,' : i1 li!5lllll mums,mlll: NI,1 11 I Jane TEU.PKRR AND AMER �N •- pir- �--`- g DN...... i4 >s -4 _- `, .`u I�o`�v�'.9. h. .. % z/aNlunlhIIIIIII .1-I- i T � . ■^ A.,n,aR ('-_ _ C'rr �*i'''� �r- limi 1k, 1111 m f. ! 1' n1 .' 0 s... UNIT • !NraI ♦♦ VEir FSi.ma.k � lNl/�N . `. �+m /Jr PEDtn (TtLIPHONE pat TEDNSIN) a•En _/.�� J�.O ,� f1"!!.�i m:gMB Fig I oa ni a, i u ! / RO S EMO UN T 1111111 _uot g INTER N4N W S *Via us.�Fys n•�� In _ V CONDUIT ? �{'�•- =�� SI chi:if � I �t c3ii�-I Pu.. '� : . -fi g - MINNESOTA ITIEPNDNE C ILL n EUNUN ,r-..' I F�gF, di pia mai r Ei I+ / d . ELECTRIC CABIE IN CONGER =f'—. ° -" A ZIP PRt A M] N Tr1tv,DNt uv.T,y r 13.1 • a�� w L�9�i F 1 r ll�ilil r� T naTec NAN,D,c ® 1. /tI1'r e�rCIO vs E E�/■s.��RM�ErIp1'��W. ;����i_n{n�t 4. o �M 7 �7/: ,2)ABUNKO TE+EH,ONT CANE -T_,qp_ 1 �ti "lnul.11t 1 M-.WIranil g►N�rii7tfiiatl I■•�V iri1,.iliiil11 PrYparerl for: I MO=PAC CAM -R-SUIT-. (I) AWN.,EIENa K CANS -NI-AL-_- = I I i iILJI 51I SEWER(UNITARY DR NNW) ?'gym- inn am 41,..e e ..,i City of Rosemount SEHR W NOTE -1-7...4e Aa ` E. :i 2875 145th Street West SCALES THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE DRAWINGS CONCERNING 'osemount. Minnesota 55088 NA TYPE AND LOCATION OF PRIVATE AND PUBLIC UTIUTIES HAS BEEN DESIGNATED U11UTY EXCAVATION NOTICE SYSTEM 85 423-4411 INDEX MAP DOSE 0 LEVEL D. THESE QUALITY LEVELS WERE DETERMINED ACCORDING TO THE GUIDELINES ( , OF CI/ASCE 38-02. ENTITLED *STANDARD GUIDELINES FOR THE COLLECTION AND A CALL TO GOPHER STATE ONE NOUNS 51-0002} / O PLAN ® IS REOUIREO R MINIMUM OF 4s NOUNS, TO O x 40 DEPICTION OF EXISTING SUBSURFACE DATA. THE CONTRACTOR IS TO DETERMINE THE PERFORMING ANY EXCAVATION. -,! j PROFILE HORIZ. ® DAMAGE TA AND}ILOCATION OF PRIVATE UTILITIES AS MAY BE DEEMED NECESSARY TO AVOID TICKET NO. '40220107. 140220185. 140130603 I __... mei o m Bo __... W VEIL Miliel o s 10 CITY PROJECT NO. 455 SHEET NO. 1 OF 16 SHEETS 1 I CP #455 R/W R/W R/W R/W BO' TO 100' g 30' 30' —.- 1' 8' 5' EXISTING 0618 1 8 i- 52' FT CONCRETE CURB AND 32' BB EXISTING 7 E GUTTER SURMOUNTABLE E c$ 2.0% 4.0% CONCRETE CURB g m• i 1, r�� - 2.0% 2.0% _� __ ���` ��r 2.0%—_� AN,r-------- 1 2.0% I 1 1 I SEE INSET C gq Mr ° INSET B 41: g g 9 lag I< R SHANNON PARKWAY COVINGTON AVE `gi9 a 147TH ST @i: i CRESTVIEW AVE IT:1 l CRANDALL AVE �� \� � \ \ UPPER 149TH ST ���� ���� 149TH ST 1- c.i co 2" BITUMINOUS PAVEMENT (SPWEB240B) c3 Z 6" AGGREGATE BASE CLASS 5 MOD MILL 2.0" BITUMINOUS PAVEMENT AND OVERLAY WITH I•' re Z M (INCIDENTAL) 2.0" TYPE SP 12.5 WEAR COURSE MIX (2,C) (SPWEB240C) MILL 1.5" BITUMINOUS PAVEMENT AND OVERLAY WITH w a 12" SELECT GRANULAR BORROW 2357 BITUMINOUS TACK COAT 1.5" TYPE SP 12.5 WEAR COURSE MIX (2,C) (SPWEB240C) z 2 (INCIDENTAL) 2357 BITUMINOUS TACK COAT v Z ( ) EXISTING STREET SECTION o > SCARIFY AND RECOMPACT SUBGRADE EXISTING STREET SECTION (INCIDENTAL) INSET A INSET B N a W INSET C w co BITUMINOUS TRAIL 0 O SHANNON PARKWAY cc IflP ■ 1N: \,., MC/ H III aii !I Le 2.0" TYPE SP 12.5 WEAR COURSE MIX (2,C) (SPWEB240C) 1.5" TYPE SP 12.5 WEAR COURSE MIX (2,C) (SPWEB240C) ie M 2357 BITUMINOUS TACK COAT 2357 BITUMINOUS TACK COAT �Y 2.0" TYPE SP 12.5 NON WEAR COURSE MIX (2,C) (SPWEB23OC) 1.5" TYPE SP 12.5 WEAR COURSE MIX (2,C) (SPWEB240C) N 2357 BITUMINOUS TACK COAT 6" AGGREGATE BASE CLASS 5 MOD m : 24" SELECT GRANULAR BORROW 2.0" TYPE SP 12.5 NON WEAR COURSE MIX (2,C) (SPWE623OC) /�I I EXISTING STREET SECTION LOCAL STREETS TYPICAL SECTION CONNEMARA TRAIL PAVEMENT SECTION =pi W CM PROJECT NUMBER 455 TYPICAL SECTION & DETAILS SHEET 3 OF 16 SHEETS . .. ""' °"""Y"°"""° V1OS3NNIW `1Nf1OW3SO21 '� ='°'" „' 7111113.11012 11"'"` " tL-000, W 0044 }i' ,Wd _ NM «n^ „� 1031'0ad 1N3IN3AOadINI gym°"°"°" 1111 9SM N ""'"" +� _ O 114 r, 00C.S qm 1" 0000 mw"sv �uv +o Id Al M..."" 133a1S 41.02 ooc"�sa�s""°`r.11 MOM V m SHANNON PARKWAY SEE BELOW ' ► 1�1 0 10 I p . v i �p=I I b m six "` g in ��,� ", cam• _•'—_ct _. A' ! b ! IJJbPJLLLhII ��z m G J o.P%7PIT4P�4 ° LI ; = 000000 • 44°44'�I 11 1p Ifj 5 I n iI N I (N I� _ __A_____. i .1 i,Pi�,,1 I —— CONNEMARATRAILr ® 1 W N m I I s ', cq 1 I P,;,� -, 1 I I N , I44 I a I I z iI P . _ i © V 1 I 1 1 14a� 1.' i I 9i I I h � 7` 1� ,`- , : i' " <W 4 z6� l' 1 iIIII [KV■10- 1 „ ?cL /y; / /, . - ,r lan0�0 a3ONVO - ' / // jl� ,I ,,p,1----—— - s'° -- , `. �.„ 1// • e Z \ 19 ! tSitV !" K 0 7..) / / I ' ,, " ' =` l t/ E �� � .4 ".------.....''''' ''''''lano�1s�4I ►fit- , p $ '°I -U / PETROLEUM ' «aQ/`�� 1 �( PIPELINES ,, APPROXIMATE LOCATION OF I' i` /I I If �% IN YELLOW HIGHLIGHT SHOWN „ 1 7 I (#I�i N 0,V' 1 4M' if Q It "I 1 �42, ,, fl ® �1 4, ,1- I If �9 g 1 I, C ;� 1 1601 1 \\‘ 3 1 Z _ o� N� 'II I I �I 'I p \ 091 W E �'1/ a 0o'no 6.cim wa BI'9 II I I A!j' Z w8,1 w z o,j, a �7 14 1 11 I• a m 0 M 1 z <$ , € / ( ,, iiN 0�1 , ,. sp p�11 1 z , , II I WmV I% 8 ■ I r, a ' 1 �q 11 EXHIBIT "C", Page 3 of ii--- - i 3AOBV 33S ANIMA:Did NONNYHS