HomeMy WebLinkAbout6.k. Authorize Encroachment Agreement with Magellan Pipeline - 2010 Street Improvements Project, City Project #428F' f
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EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: July 6, 2010
AGENDA ITEM: Authorize Encroachment Agreement with
AGENDA SECTION:
Magellan Pipeline —2010 Street
Consent `
Improvements Project, City Project. #428
PREPARED BY: Andrew J. Brotzler, P.E., Director ofW
AGENDA NO.
Public Works /City Engineer
ATTACHMENTS: Agreement
APPROVED BY:
RECOMMENDED ACTION: Motion to Approve Encroachment Agreement with Magellan
Pipeline for Improvements in the 2010 Street Improvements Project and Authorize the
Necessary Signatures Subject to' Review by the City Attorney.
ISSUE:
City staff requests Council authorization for the execution of the attached Encroachment Agreement with
Magellan Pipeline for encroachment of lines within the 2010 Street Improvements Project, City Project
#428.
BACKGROUND:
Please find attached for Council consideration the Encroachment Agreement with Magellan Pipeline for
the construction of sidewalk on Delta Avenue and roadway improvements on Dartmouth Path over the
existing petroleum pipelines within private easement, located within the 2010 Street Improvements
Project.
SUMMARY: F
Staff recommends Council authorization for the execution of the attached Encroachment Agreement with
Magellan Pipeline subject to review by the City Attorney.
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G:AENGPROJ \428 \07062010 CC Approve blagcllan Pipeline Agreement.doc
(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 E
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" j, and City of
Rosemount, a Municipal corporation, whose mailing address: is 2875 145th Street West,
Rosemount, Minnesota 55068 -4997, its successors, assign's and grantees (hereinafter
called "City ").
WITNESSETH:
WHEREAS, City represents and warrants that City owns the right to perform a mill"and
overlay. of city streets known as Delta Avenue and Dartmouth Path and to construct a
new 5 -foot wide sidewalk within the road right of way along the easterly side of Delta
Avenue from Dartmouth Path southerly to near Dearborn 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 righttbf 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 North, Half of the Northwest Quarter (N '/z NW 1/4)
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(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 E
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" j, and City of
Rosemount, a Municipal corporation, whose mailing address: is 2875 145th Street West,
Rosemount, Minnesota 55068 -4997, its successors, assign's and grantees (hereinafter
called "City ").
WITNESSETH:
WHEREAS, City represents and warrants that City owns the right to perform a mill"and
overlay. of city streets known as Delta Avenue and Dartmouth Path and to construct a
new 5 -foot wide sidewalk within the road right of way along the easterly side of Delta
Avenue from Dartmouth Path southerly to near Dearborn 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 righttbf 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 North, Half of the Northwest Quarter (N '/z NW 1/4)
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of Section 30, Township 115 North, Range ,19 West, Dakota' County, Minnesota (the
portion of such land relevant to this Agreement' is the street right of way for Delta
Avenue in Country Hills First Addition, and the street right of way for Dartmouth Path in
Country Hills Second Addition, 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) Country Hills First Addition, recorded as Document No. 750525 on
November 7, 1986, in Book 12 of Plats at Page 27, Dakota County,
Minnesota; and
4) Country Hills Second Addition, recorded as Document No. °797848 on
July 30, 1987, in Book 13 of Plats at Page-66, Dakota County, Minnesota.
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
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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 ") and attached hereto as Exhibit "C ":
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1) Minnesota Department of Transportation 2010 Street Improvement Project for the
City of Rosemount, Drawing Sheet No. 1 of 86 (project cover sheet showing
project location, signed by Engineer Morgan Dawley on March' 23, 2010; and
2) City of Rosemount Project Number 428, 2010 Street Improvement Project, '
General Layout, Drawing Sheet No. 2 of 86, by WSB & Associates, Inc., signed
by Engineer Morgan Dawley on April 6, 2010;
3) City of Rosemount Project Number 428, 2010 Street Improvement Project,
Typical Sections, Drawing Sheet No. 9 of 86, by WSB & Associates, Inc., signed
by Engineer Morgan Dawley on April 6, 2010; and .
4) City of Rosemount. Project Number 428, 2010 Street Improvement Project, Mill
And Overlay Improvements, Drawing Sheet No. 32 of-86, by WSB & Asssociates,
Inc., signed by Engineer Morgan Dawley on April 6, 2010
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 5 -foot wide concrete sidewalk within the street right of way of
Delta Avenue on the easterly side of Delta Avenue, as shown on Exhibit "C "; and
(b) Mill and Overlay of Delta Avenue and Dartmouth Path streets without sub -
cutting.
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
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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.
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:
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(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. 1 1
(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
responsibilityof 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, 4
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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.
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.
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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. 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. I
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: , 2010
David S. Mains
CITY OF ROSEMOUNT
A Minnesota Municipal Corporation
By: V Date: , 2010
William H. Droste
Title: Mayor of Rosemount, Minnesota
f•
By: Date: 9'2010
Amy Domeier
Title: City Clerk
.(CITY OF ROSEMOUNT CORPORATE SEAL):
I
Authorized by the City Council of the City of Rosemount by Resolution!No.
passed by the City Council on , 2010. ti
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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 , 2010 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.
' 1
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 n
day of ,2010, 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. S
Notary Public
My Commission Expires:
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EXHIBIT "A" r
SUBJECT LAND
The street right of way of Delta Avenue located in Country Hills First ,
Addition and the street right of way of Dartmouth Path located in
Country Hills Second Addition, all in the City of Rosemount, Dakota
County, Minnesota.
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EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 1 of 4.
MAGELLAN PIPELINE
COMPANY, L.P.
General Encroachment
Requirements
A. GENERAL -These requirements
define the minimum standards of
practice for encroachments by a
landowner (including any developer,
business entity, utility company or
individual working for, or on behalf
of, or with permission of landowner)
(herein referred to collectively as
"Owner ") to pipeline corridors and
rights of way ( "Magellan 's
Easement Tract ") owned or operated
by Magellan Pipeline Company, L.P.
( "Magellan"). Upon written request
by Owner to Magellan, a copy of
these minimum requirements shall be
provided to any developer, business
entity, utility company or individual
working on behalf of Owner or with
the permission of owner within
Magellan's Easement Tract. Specific
circumstances may require additional
precautions or more stringent
methods in order to protect the
integrity of Magellan's pipelines and
'facilities. Magellan's Easement Tract
for purposes of these General
Encroachment Requirements shall be
considered to be any area within fifty
(50) feet of any Magellan pipeline or
other Magellan-owned or operated
facility unless a different right of way
width is specified by one or more
recorded right of way or easement
documents (herein collectively called
"Easement ", whether one or more),
in which case such specified width
shall define Magellan's Easement
Tract.
1. Encroachment Definition. An
"encroachment" is any use of the
land within Magellan's Easement
Tract which could interfere with
Magellan's Easement rights or which
could create safety concerns for
Magellan pipelines and/or facilities
located on Magellan's Easement
Tract. Encroachments include, but
are not limited to structures, fixtures,
personal property, landscaping,
foreign utilities, foreign pipelines,
roadways, railroads, waterway
crossings, water impoundments,
walls, heavy equipment and heavy
loads on Magellan's Easement Tract,
and also any excavation, digging,
drilling, tunneling and addition,
removal or disturbance of soil or
subsoil within Magellan's Easement
Tract.
2. Magellan Representative
Reouired On -Site. Magellan
pipeline systems operate at high
pressures, and for safety reasons,
Magellan requires its company
representatives to be on -site while
Owner is excavating or performing
other activities which could endanger
the Magellan pipelines or other
facilities on
Magellan's Easement Tract. For
other activities of the Owner on the
Magellan Easement Tract, the
Magellan field representative shall
determine whether Magellan's
continuous presence or periodic
monitoring of encroachment
activities will be required and shall
inform the Owner. A Magellan
representative will be made available
upon 48 hours notice (exclusive of
weekends and holidays) to determine
the location and approximate depth .
of any Magellan pipelines. No
excavation shall be commenced
without prior written approval from
Magellan and verification by
Magellan of the location and
approximate depth of its pipelines.
3. Magellan's Facilities.
Magellan's facilities include, but are
not limited to, Easement, rights of
way, pipelines, meter and valve sites,
aboveground piping manifolds and
cathodic protection systems.
4. Land Use Change - Notification.
The landowner and tenant, if any,
must notify Magellan at any and
every time when the land use will be
changed for land on or adjacent to
Magellan's Easement Tract.
Exam_ ples of such land use changes
are:
• Change from pasture to cultivation
• Change in depth oftilling (e.g.
plowing deeper or deep - breaking the
land)
• Change in that terraces will be cut
or re -cut
• Change from agricultural use to
residential, commercial or industrial
use.
• Change from residential to
commercial or from commercial to
industrial.
5. Governmental Regulations and
Industry Guidelines. Owner must
comply with all applicable laws and
regulations, as well as Magellan's
policies as expressed herein. Owner
is also hereby referred to the
Common Ground Alliance Best
Practices which can be found on the
web site:
www. commongroundalliance.com
(See "Program Information" /"Best
Practices ") and which is available
from Common Ground Alliance in
booklet form for easy reference. Best
Practices addresses the most common
issues for damage prevention for an
encroaching party, including, among
others: Planning and Design; One -
Call Center; Locating and Marking;
Excavation; and Mapping.
In the even of a conflict between
laws and regulations, Magellan's
policies and the Common Ground
Alliance Best Practices, the following
priority shall govem encroachments
on Magellan's Easement Tract 1st --
laws and regulations; 2nd --
Magellan policies; and 3rd --
Common Ground Alliance Best
Practices.
PRACTICE
L Personal Property and Fixhrres
To Be Kent Otrof Magellan's
Easement Tract. In order to keep
.Magellan rights of way clear for
operations, maintenance, inspection
and emergency access, personal
property and fixtures shall not be
placed, stored or maintained on
Magellan's Easement Tract. Personal
property and fixtures include, but are
not limited to, storage sheds,
automobiles, trailers, mobile homes,
above - ground swimming pools,
business equipment, product
inventory, scrap metal, boulders,
large rocks, debris, junk and piles of
materials`
2. Encroachments Subject to Being
Cleared from Magellan's Easement
Tract. Subject to the terms of its
Easement (including right of way
agreement[s] and other written
agreements) , Magellan may keep
Magellan's Easement Tract clear of
items that may hinder the exercise of
Magellan's rights to construct,
operate, inspect, maintain, repair and
access its pipelines and other
facilities. Clearing of the Magellan's
Easement Tract shall include, but not
be limited to the following: removal
of trees, brush, crops, other
vegetation and non - perrnitted
encroachments located on or
overhanging all or part of any
Magella's Easement Tract. Trees or
other vegetation overhanging
Magellan's Easement Tract may be
side - trimmed.
'. ENCROACHMENT PLANNING
1. Plan Review Reanieed by
Ma"Illan. For any encroachment,
Magellan must be provided project
plans to review and approve, prior to
the encroachment occurring, for
purposes of damage prevention.
2. Submission of Complete Plans.
Owner must submit complete plans
to Magellan for review. Incomplete
plans could delay Magellan's
engineering impact study and
insufficient information could result
in increased costs. Plans must
include
• A plan view of the project with the
pipeline(s) location included.
• An illustration in profile of the
existing surface elevations, the
proposed surface elevations and the
elevation of the Magellan pipeline(s).
• A comprehensive utility /structure
/grading plan depicting the
relationship to the pipeline(s).
• A proper legal description of the
project location.
• Complete landscaping plans.
• Complete plans for backfilling and r
compaction of backfill material.
3. Plans Must Show Magellan's
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
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General Encroachment Requirements — (L.P.— 111707)
• Location and depth of all Magellan
pipelines and facilities
• The width of Magellan's Easement
Tract
• A standard warning statement
conspicuously displayed containing
the following language:
WARNING
HIGH-PRESSURE PIPELINE(S)
Excavation and-'or Construction
prohibited Without compliance with
State One -Call AND Without Written
Permission From MAGELLAN
PIPELINE COMPANY, L.P.
4. Written Encroachment
Agreement Required. A written,
fully executed Encroachment
Agreement must be in place between
Magellan and Owner before Owner
commences work on any
encroachment.
5. Costs. Unless otherwise agreed in
writing, all costs to Magellan that
result from any encroachment should
be paid by Owner. Such costs shall
include, but not be limited to:
modification, replacement, lowering,
and protection of pipelines, including
engineering evaluation and design,
field labor and real estate research
and document preparation and
handling,
6. Pipeline Integrity Inspection.
Prior to the installation of any
structure, parking lot, roadway or
other facility which might interfere
with or hinder Magellan's inspection
of any pipeline or facility, Magellan
will perform an integrity review of its
pipeline and any other assets which
may be affected by the proposed
structure, parking lot, roadway or
other encroaching facility in order to
determine that Magellan's assets
comply with integrity requirements
and to allow Magellan to make any
needed changes prior to construction
of any encroachments.
7. Soil On Mi nellan's Easement
Tract -- Removing and .Adding. No
soil shall be removed from or added
to Magellan's Easement Tract
without written authorization from
Magellan. Any soil added must be
clean (without contaminants, trash or
debris) fill dirt and must be limited in
amount so that the
resulting cover (vertical distance
from the surface of the land to the top
of Magellan's pipeline) is not greater
than eight feet (8')...
8. Erosion Control Materials.
Erosion - control materials may be
allowed on Magellan's Easement
Tract for temporary periods of
construction and restoration.
9. Proof of Title to Property.
Magellan may require Owner to
provide proof of current ownership of
the land where the proposed
encroachment is to be located. Such
proof may be in the form of a Title
Commitment, Title Policy, or a copy
of a recorded Warranty Deed,
10. Subdivision Plat. Magellan
requires a copy of the Subdivision
Plat, if applicable. If the plat has been
recorded, Magellan requires a copy
indicating the book and the page of
the recording.
11. Location and Arn rosimato
Denth of Pipelines. A Magellan
representative is normally available
with 48 hours notice (exclusive of
weekends and holidays) to determine
the location and approximate depth "'
of the pipeline(s). Determining actual
depths of pipelines may require pot-
holing or hand - digging by, and at the
expense of Owner in the presence of
an authorized Magellan
representative. No excavation on
Magellan's Easement Tract shall take
place without approval by Magellan'
12. Vertical Separation Between
Magellan Pineline or Facility and
an Encroaching Obiect or
Stnrchrre. Vertical separation is
defined in this document as the
vertical distance between the
outermost part of a Magellan
pipeline, facility or appurtenance (for_
example, the outside of the pipe [for
uncased pipe] or the outside of the
pipe casing [for cased pipe]) and the
outermost part of the encroaching
object (for example, the outside of
the encroaching pipeline or the
outside of its conduit).
13. Construction Equipment
Information. Owner shall provide to
Magellan information as to the type,
size, and weight of construction
equipment that will be used over or
in the vicinity of the pipeline(s).
D. ENCROACHMENT DESIGN
REQUIREMENT'S &
STANDARDS
t
1. Risk of Loss and Damage.
Owner shall bear the risk of loss,
damage and/or destruction to any
structure, fence, landscaping or
improvement placed within the
boundaries of Magellan's Easement
Tract and shall hold Magellan
harmless
Page 4 of 17 Page 5 of 17
L
TiYATRTT 66R99 Tfl -PA
structures and for any consequential
damages which may arise out of
Magellan or its designees exercising
Magellan's Easement rights or which
may arise out of accessing
Magellan's Easement Tract, pipelines
or facilities.
2. Buildings, Stnrchrres and
Fences.
a. Buildings and Structures. No
buildings, houses, bams, "garages,
patios, playhouses, sheds, septic
systems or drain fields,
swimming pools (above - ground
or below - ground), reinforced
concrete slabs or other similar
structures will be permitted on
the Magellan's Easement Tract.
b. Septic System not permitted.
No septic- system, including any
lateral lines will be permitted on
Magellan's Easement Tract.
c. Retaining Walls. Retaining walls
are not permitted on Magellan's
Easement Tract. -
d. Fences. No fence shall be
constructed or maintained on
Magellan's Easement Tract
without a written agreement.
e. Requirements for Fences. If
fencing on Magellan's Easement
Tract is authorized by a written
agreement with Magellan, the
fencing must comply with the
following:
1) Not Parallel to Pipeline. No
fence shall be allowed to be
constructed parallel closer
than 10 feet to any Magellan
pipeline, within the
boundaries of Magellan's
Easement Tract,
2) Fence Posts Location. No
fence posts will be allowed to
be within five (5) feet of any
Magellan pipeline or facility.
3) Gates Required. Magellan
may require any fence
constructed within the
boundaries of Magellan's
Easement Tract to have gates
of such size and suitability as
is necessary or convenient for
Magellan to access its
pipelines and/or facilities for
its operations, including
inspections, at each point
where the fence crosses a
Magellan pipeline or facility
boundary. Magellan shall be
allowed to put a Magellan
lock on such gates, which will
allow access to Magellan's
Easement Tract and/or
facilities through such gates.
4) Angle of Fence Crossing. It
is preferred that fence
crossings be as close to 90
degrees as possible.
3. Landscaping, Elevation
Changes and Water.
a. Landscaping Definition.
Landscaping shall include,
but not be limited to, trees,
shrubs, underground
irrigation or sprinkler
systems, sidewalks or other
paths, retaining walls, terraces
or other land grade changes,
within
b. General Landscaping
Requirements. The following are the
general rules for landscaping on
Magellan's Easement Tract:
1)Written Approval. Landscaping
proposed to be done on Magellan's
Easement Tract must be approved
by Magellan in a written
encroachment agreement. Among
other terms, the encroachment
agreement will release Magellan
from any liability for damages to
the landscaping from the exercise
of Magellan's Easement rights.
2) Trees Not Permitted. Trees
are not permitted on Magellan's
Easement Tract.
3) Shrubs. Shrubs exceeding 3
feet in height and/or obstructing
the view of any Magellan pipeline
marker posts are not permitted on
Magellan's Easement Tract. `
4) Irrigation Systems, Field
Drain Lines, and Sidewalks.
Irrigation systems, field drain lines
and sidewalks that are to cross a
Magellan pipeline must cross such
pipeline at an angle as close to 90
degrees as possible, but in no event
at an angle less than 45 degrees
and must comply with other
applicable provisions of this
document.
c. No Water Bodies on Magellan's
Easement Tract. Retention of water,
including but not limited to,
Livestock ponds, lakes, retention
ponds, or wetlands may not be
constructed or formed on Magellan's
Easement Tract.
d. Surface Grade and Elevation
Changes. Surface grade or elevation
changes must be reviewed and
approved in writing by Magellan.
4. Foreign Pineline & Utility
Crossings. No foreign pipelines or
utility lines of any type shall be
allowed to be constructed parallel to
any Magellan pipeline within the
boundaries of Magellan's Easement
Tract.
a. Minimum Angle for
Pipeline/Utility Crossing. Any
foreign pipeline or utility that is
proposed to cross a Magellan
pipeline must cross the Magellan
r pipeline at an angle as close to 90
degrees as possible, but in no event at
an angle less than 45 degrees.
b. Vertical Separation
Requirements for Crossing. Foreign
pipeline(s), utilities (except high -
voltage lines- see below) or flow
lines should cross Magellan
pipeline(s) with at least 24 inches of
vertical separation. Special written
authorization must be given in the
event vertical separation is less than
that specified in these General
Encroachment Requirements. The
preferred method for a foreign
pipeline or utility to cross a Magellan
pipeline is to cross below the
Magellan pipeline.
c. Warning Tape Required. When
any foreign pipeline or utility line is
proposed to cross a Magellan
pipeline, Owner must place 6" wide
McMaster -Carr No. 8288T12 or
equal within Magellan's Easement
Tract
in the following manner
1) The tape must be placed directly
over (parallel to) and at least 15
inches above the foreibm line for
the entire distance that it
occupies Magellan's Easement
Tract. Additionally, the tape
must be placed directly over
(parallel to) and at least 15
inches above each Magellan
pipeline that is crossed for a
minimum distance which is the
greater of
(a) a minimum distance of 20
feet on each side of the
Magellan pipeline, or
(b) across the entire width of
Magellan's Easement Tract
2) The placement of warning tape
on each side of Magellan
pipeline(s) will not be required
for utility cables that are
installed using the directional
drill or jacking method.
d. Crossings By Metal Pipelines or
Conduits. Metallic pipe crossing
Magellan pipeline(s) may require
Magellan to perform a cathodic
protection interference survey. If
interference with Magellan's
cathodic protection system is
detected and remediation is
necessary, Owner agrees to
cooperate with Magellan and to
make necessary adjustments in
Owner's interfering metallic pipe or
other remediation to correct such
interference problem insure that the
Magellan cathodic protection
system is operating properly.
e. Crossing Requirements.
Electrical, fiber optic, local service
communication, long distance
carrier telephone, and utility cables
should cross Magellan pipelne(s)
with a minimum q)`24- inches of
vertical separation. All such lines
must be covered with a Concrete
Slab for the full width of the
Easement Tract, if requested by
Magellan. If such lines have an
exposed concentric neutral, a test
point from the ground wire shall be
installed by the power company.
L Crossing Requirements For
Lines Going Over a Magellan
Pipeline. In the event the electrical,
fiber optic, local service
communication, long distance
carrier telephone, and utility cables
cable crosses over a Magellan
pipeline, such line shall be encased
in red concrete across the fill
rvidilt of Magellan's Easement
Tract, unless a variance is granted
by Magellan, as set forth below.
g. Written Authorization for
Variance. Owner must have written
authorization from Magellan for any
variance from the vertical
separation requirements listed above
and/or for any variance from the
requirement for
Page 6 of 17 Page 7 of 17 Page 8 of 17
General Encroachment Requirements — (L.P.— 1/1/07)
_—y --- 7 —
encasement of high - voltage
electrical lines in red concrete.
h. Utility Poles and Guy Anchors.
Utility poles and guy anchors
shall not be placed on Magellan's
Easement Tract without a written
agreement. With a written
agreement, poles and anchors ;
may be placed no closer than 20
feet to any Magellan pipeline.
Poles shall not be allowed to run
parallel to a Magellan pipeline
within the Magellan Easement
Tract.
i. Directional Drilling / Boring.
I) Prior to commencing any
horizontal directional drilling,
Owner shall submit plans
showing procedure and
material descriptions for
Magellan's approval. The
plans and description shall
include, but not be limited to
the following:
• Profile and plan showing
location of entry and exit
points
• Work space required to
perform the work
• Mud containment and
disposal sites
2) Owner shall positively locate
and stake the location of
Magellan's existing pipelines
and other underground
facilities, including exposing
any facilities located within
10 feet of the designed drilled
path, Prior to commencing
drilling operations, Owner
shall modify drilling practices
and down -hole assemblies to
prevent damage to
Magellan's existing pipelines
and other facilities. Owner
shall be responsible for losses
and repairs occasioned by
damage all Magellan
i pipelines and other facilities
resulting from drilling or
boring operations.
3) At all times, Owner shall
provide and maintain
instrumentation to document
and accurately locate the pilot
hole and the dri ll bit, to
measure drill -string axial and
torsional loads, and to
measure drilling fluid
discharge rate and pressure.
At Magellan's request, Owner
shall promptly provide
Magellan with reasonable
access to information and
readings provided by these
instruments, including copies
of any written documentation.
4) Pilot Hole.
• The pilot hole shall be
drilled along the path
shown in the plan and
profile drawings. No pilot
hole shall be made that
will result in any of the
encroaching utility being
installed in violation of
laws and regulations or of
Magellan's requirements
described herein.
However, safety for any
adjacent utilities and/or
structures is of utmost
importance. Therefore,
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
• mevanon or w reel ana -t D
feet
• Alignment of +/ -20 feet as
long as it does not come to
within 10 feet of Magellan's
pipeline
• Initial penetration of ground
surface at exact location shown
in the plan and profile
drawings
• Final penetration of the
ground surface within +/-to
feet of the alignment and
within +30 feet and -0 feet of
the length shown in the plan
and profile drawings
• Curves shall be drilled at a
radius equal to or greater than
that specified in the plan and
profile drawings. The drilled
radius will be calculated over
any 3 joints (range 2 type drill
pipe) segment using the
following formula:
Rdrilled = (Ldnlled/Aavg) x
180 /a
Where: Rdrilled - drilled radius
over Ldrilled
Ldrilled = length drilled; no
less than 75 feet and no greater
than 100 feet
Aavg = total change in angle
over Ldrilled
• At the completion of the pilot
hole drilling, Owner shall provide
to Magellan a tabulation of 2
horizontal and vertical coordinates,
referenced to the drilled entry
point, which accurately describe
the location of the pilot hole.
- 5) Drilling Fluids. f
-The composition of drilling fluids
proposed for use shall comply with
s all applicable laws and regulations.
• -Owner is responsible for
obtaining, transporting and storing
any water required for drilling
fluids.
' • Disposal of drilling fluids and
drill cuttings shall be Owner's
responsibility and shall be
conducted in compliance with
r applicable laws and regulations.
Drilling fluid shall not be disposed
of by placing fluids on or under
the surface of Magellan's`
Easement Tract."
• Owner shall employ best efforts
to maintain full annular circulation
t of drilling fluids. Drilling fluid
returns at locations other than
entry and exit points shall be
minimized. If annular circulation
is lost, Owner shall take steps to
restore circulation. If inadvertent
r surface returns of drilling fluids
occur, they shall be immediately
contained with hand - placed
barriers (e.g., hay bales, sand bags,
silt fences, etc.) and collected
using pumps as practical. If the
amount of surface return is not
great enough to allow practical
collection, the affected area will be
diluted with fresh water and the
fluid will be allowed to dry and
dissipate naturally. If
w
Page 9 of 17 Page 10 of 17
3
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 f 2) Vertical Separation Requirements for
barriers, small collection sumps (less than 5 pipe, as follows (see Figures 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 k, I ' temporary road or equipment crossing, plus an must have a minimum vertical separation of
other regulations prohibit the use of collection
sumps. If the amount of surface return
exceeds that which can be contained and
collected using barriers or small sumps, or if
the return of drilling fluids occurs in the body
of water proper, drilling operations will be
suspended until surface return volumes can be
controlled.
6) As -Built Drawing. Owner shall provide to
Magellan an as -built plan and profile drawing
of the drilled crossing showing the location of
additional 20 feet past each outside edge of such five (5) feet, as measured from the bottom of
temporary road or equipment crossing the waterway to the outermost part of a
k. Owner Required to Protect Magellan Magellan pipeline, facility or appurtenance
Pipelines. Magellan may require Owner to put in
place additional cover and/or stabilization 3) Adding Weight to Pipeline for Negative
(timbers, steel plate, crushed rock, concrete slab, Buoyancy. Owner shall bear the cost of
etc.) at any approved equipment crossing in order Magellan adding sufficient weight or
to protect Magellan pipelines, taking into account mechanical devices to any Magellan pipeline
possible effects of weather, pipeline depth, and crossed by a waterway in order to create
type of vehicles proposed to cross the pipelines, negative buoyancy for such pipeline.
Magellan will analyze each proposed crossing
the new crossing as well as the location of
Minimum
Location oC
Compacted Cover.
Over Top of
Pipeline
g. Roadway and Driveway Crossings.
pipeline
Under track structure
a;
proper (Below
6.0 feet
bottom of rail)
a. Magellan Written Approval
Under all other
5. Roadway, Driveway. Railroad and Equipment
surfaces within the
3.0 feet
ri ght of way or from
right of way or from
the bottom of ditches
pipe, as measured from the top of the roadway
additional 20 feet past each outside edge of such five (5) feet, as measured from the bottom of
temporary road or equipment crossing the waterway to the outermost part of a
k. Owner Required to Protect Magellan Magellan pipeline, facility or appurtenance
Pipelines. Magellan may require Owner to put in
place additional cover and/or stabilization 3) Adding Weight to Pipeline for Negative
(timbers, steel plate, crushed rock, concrete slab, Buoyancy. Owner shall bear the cost of
etc.) at any approved equipment crossing in order Magellan adding sufficient weight or
to protect Magellan pipelines, taking into account mechanical devices to any Magellan pipeline
possible effects of weather, pipeline depth, and crossed by a waterway in order to create
type of vehicles proposed to cross the pipelines, negative buoyancy for such pipeline.
Magellan will analyze each proposed crossing
the new crossing as well as the location of
Minivanm
Compacted Cover
based on information provided by Owner to
S. Blasting. •
Over Too of
Magellan's pipeline.
g. Roadway and Driveway Crossings.
determine any additional depth or protection that
a;
4.0 feet
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
1. Heavy Equipment - Definition and
Required — Plan To Be Submitted.
right of way or from
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 a):
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
a. Pipeline Integrity Inspection. A pipeline
integrity review shall be performed by Magellan
as described in provision "6' under "C.
Encroachment Planning" (above).
It. Load Bearing and Stress Limit
Requirements. Prior to any road, driveway, rail
bed or equipment crossing construction,
Magellan's engineer must determine whether the
proposed compacted cover meets load- bearing
requirements and provides adequate protection to
limit stress on Magellan's pipeline or other
f ilt' d d i O f
Location of Pineline
Minivanm
Compacted Cover
Over Too of
Pineline
Under roadway
surface proper
4.0 feet
(Below surface of
pavement)
Under all other
surfaces within the
3.0 feet
right of way or from
the bottom of ditches
active pipeline. For vehicles having agross
weight of 80,000 pounds or less, the pipeline must
have a minimum of 4 feet of cover. Magellan 4
must analyze the additional longitudinal stress
due to external loads if the vehicles have a gross
rveighl in excess of 80,000 pounds in order to
determine required pipeline depth for safe
operation.
6. Parking lots and Other Pavement, o
a. Parking Lot and Pavement Requirements. _
All parking lots and other pavement installed on
M II E t T t h II i t f
submitted to Magellan for review and
written approval.
b. Safety Considerations— Damage
Prevention Plan. For safety and
preservation of Magellan assets; all
blasting shall be in accordance with
federal, state, and local governing
agencies and the Magellan's "Damage
' Prevention Plan for Blasting Near
Company Facilities ". A copy of said plan
will be made available upon request.
:. EXCAVATION NEAR MAGELLAN
PIPELINES
act r ti an must a vise weer o any age an s asemen rac s a consts o a
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" REOIIIRED. No
c. No Crossing Over Pipeline Bend. Paved Volatile Liquids. For Magellan pipelines b. Pipeline Depth Under Parking Lot. The.1 excavation or activity listed in "A. G/:NFR9L
transporting highly volatile liquids, minimum
surfaces or rail beds shall not be allowed to cross depth of Magellan's pipelines under a parking lot - [. Encoachment 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
d. Minimum Angle of Crossing. Crossings feet. 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
pipeline(s) as possible, but not less than 30 greater than the minimum depths stated above may 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
cased roadway and railroad crossings no longer activities. All of the states in which Magellan
be installed. If the carrier pipe under roadways proposed crossing based on information provided a. Pipeline Depth Requirements. If Owner conducts pipeline operations have "One Call"
t depth that al d
additional min
t
d
r t
Owner determine any on ep a
and railroads requires adjustment or relocation, by proposes to cross a Magellan pipeline with a laws, which require 48 -72 -hours notification
then instead of using casing, the carrier pipe will may be required for the pipeline for safe operation, waterway iver, stream, creek, irrigation canal, or prior to an excavation related activities.
g at v p j. Temporary Roads and Equipment Crossings. y( g p y
consist of extra strength material or heavier wall drainage ditch), such crossing must result in After making aOne -. .Call, the state One -Call
thickness to accommodate the additional Any such road or crossing must meet the following Magellan's pipelines meeting or exceeding the agency will notify Magellan to mark
u
eqirements.
longitudinal stress due to external loads. If a road r 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 fie
road or railroad is being widened and no other ld representative. 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,
pipeline and other facilities
i
Magellan's pp , as
required, then Magellan may elect to extend the b. Requirements for Waterway Crossings: ,.
casing pipe on the existing crossing determined by the appropriate Mage llan
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 should be as close to 90 degrees to Magellan following list is provided for convenience, bet
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 must extend across the adequate protection to limit stress on the or accatate (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 2004J.
way. _ Owner is required to acquire and call the
E Railroad Crossing Requirements. Railroads appropriate One -Call number(s) for its
shall be installed with a•• location of activity.
i
Page l l of 17- Page 12 of 17 Page 13 of 17 Page 14'of 17
r.
General Encroachment Requirements — (L.P.— 1/1/07)
In
{
General Encroachment Requirements — (L.P.— 1/1/07)
In
{
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. Exnosine Pineline by Hand. Excavating within 2 feet of any Magellan
Illinois - ww.illinoisicall.com/ - 800 892 -0123
w
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 6peratinr s the equipment will not reach
Minnesota - www.gopherstateonecall.org/ -
within 2 feet of any Magellan pipeline.
- 800 252 -1166
,, x
Missouri - www.molcall.com/ - 800344 -7483
fC� fC� Minimum depth
Nebraska - www.ne- diggers.com/ - 800331 -5666
North Dakota - ndonecall.com/ - 800 795 -0555
www.
RAILROAD AND HIGHWA Y CROSSINGS
belowbottom of rail
f�ilroad
Oklahoma - www.callokie.com/ - 800522 -6543
Minimum depth, Drainage ditch
South Dakota- www.sdonecall.com /index.asp
Minimum depth Minimum depth
below ground below bottom of rail
below ditch i _
- 800 781 -7474
Texas - www.texasonecall.com/ - 800 245 -4545
Wisconsin - www.diggershotline.com/ - 800 242 -8511
Minimum depth Railroad-` Drainage ditch
below ditch / - -__ Vent
\\
ssa
J\
Minimum depth below ground lhcased camerpipe
Alternatively, the National One -Call Dumber -(888)
a
.t
258 -0808 - may be used to register a proposed
_ _ _ _ _ - - - - - - -
excavation and to subsequently notify underground
utility operators with in the
UVCAECED RAILROAD CROSSING
assets vicinity.
End seal Casing Carrier pipe
FIGURE 3
3. Excavation Plan Aodroval. Owner shall submit to
CASED RAILROAD CROSSING
Magellan for its approval plans for any proposed
excavation on the Magellan Easement Tract. No
FIGURE 1
Hghvray, Drainage Ditch
excavation on Magellan's Easement Tract shall be
Minimum depth /
commenced until Owner has secured Magellan's written
below dhch f/
approval of the plans. The excavation work shall be in
compliance with all applicable laws and regulations.
Minimum depth Drainage ditch
1
Owner is also referred to the Common Ground Alliance
below ditch Fighway
Best Practices (referenced in this document).
(
lhcasetl Carrier Rpe Minimum depth below
ant
3irtace Of Pavement
4. Magellan Representative On -Site for Excavation.
f +�Sp4'-' Carderppe
UNCASED HIGHWAY CROSSING
FIGURE 4
A Magellan representative must be on -site when an
- - _ - - - - - -
excavation is occurring on Magellan's Easement Tract
"2 " "A. "
\-Coong Minimum depth below
(see provision under General beginning on
page 1).
Bid seal pipe
surface of pavement
CAS HGhMAYCR09NG
5. Removal of Side- Cuttine Teeth from Eauinment,
RGURE 2
'
Side - cutting teeth shall be removed from buckets of
excavating equipment `
6. Parallel Excavating Required. When, in preparation„
a
for crossing any Magellan pipeline with any other
pipeline of 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
r
, s
L
'
F
Page 15 of 17 Page 16 of 17 1, Page 17 of 17
x
General Encroachment Requirements — (L.P.— I /1/07)
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