HomeMy WebLinkAbout6.h. Authorize Magellan Pipeline Agreement - Meadows Park, City Project #387AGENDA ITEM: Authorize Magellan Pipeline Agreement
Meadows Park, City Project #387
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, PE, City Engineer
AGENDA NO. b.h
ATTACHMENTS: Agreement
APPROVED BY: Dli
RECOMMENDED ACTION: Motion to Approve an Agreement with Magellan Pipeline for
Improvements and Authorize the Necessary Signatures.
4 ROSEMOUNT
Special City Council Meeting: November 5, 2008
ISSUE:
CITY COUNCIL
EXECUTIVE SUMMARY
City staff requests Council authorization to execute an agreement with Magellan Pipeline for work
associated with the Meadows Park contract, City Project #387.
BACKGROUND:
Please find attached for Council consideration an agreement with Magellan Pipeline for construction of
watermain, sanitary sewer, storm sewer, and public roadways over the existing petroleum pipeline within
private easement located along Bonaire Path and within Meadows Park. This agreement process was
started in 2006 with the Old County Road 38 Street and Utility Improvements, City Project 387, and is
being finalized at this time with the trail and landscaping improvements within Meadows Park.
A copy of the agreement has been reviewed by the City Attorney.
SUMMARY:
Staff recommends Council authorization of the attached agreement with Magellan Pipeline.
G: \ENGPROJ\ 387\ AuthonzeMagellanPipelineCC11- 5- 08.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
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 Minnesota Municipal Corporation, whose mailing address is 2875 145 Street West,
Rosemount, Minnesota 55068, its successors, assigns and grantees (hereinafter called "City
WITNESSETH:
WHEREAS, City represents and warrants that City owns the right to construct a roadway, a
bicycle path and certain utility pipelines 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 Northwest Quarter of the Southwest Quarter (NW SW
and the Northeast Quarter of the Southwest Quarter (NE'/ SW'/) [a portion of which has been
platted as Biscayne Pointe North subdivision] and the Northwest Quarter of the Southeast
Quarter (NW SE '4) and the Southwest Quarter of the Northeast Quarter (SW'/ NE'/) of
Section 21, Township 115 North, Range 19 West, Dakota County, Minnesota, pursuant to those
certain instruments recorded in the records of said county and state and described as follows:
1) Grant of Easement [reference Magellan Tract 8103] as to a pipe line or pipe lines
dated 8/26/1955, from John Joseph Murnane, a single man and Michael Francis
Murnane, a single man, in favor of Roseline Company (Magellan's predecessor in
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interest), its successors and assigns, and filed for record in Book 64 Miscellaneous
Records at Page 570 in Dakota County, Minnesota; and
2) Gate Valve Permit [reference Magellan Tract 8103] dated 5/5/1977, from John
Joseph Murnane, a single man to Williams Pipe Line Company, as to the W '/2 W
1/2 Section 21, T- 115 -N, R -19 -W; and
3) Partial Release of Right of Way [reference Magellan Tract 8103] dated
7/18/1978, from Williams Pipe Line Company (Magellan's predecessor in
interest) to John Joseph Murnane, a single man to and filed for record as
Document No. 517799 in the records of Dakota County, Minnesota; and
4) Grant of Easement [reference Magellan Tract 8101] as to a pipe line or pipe lines
dated 8/24/1955, from Edwin Englert and Dorothy Englert, husband and wife,
joint tenants, in favor of Roseline Company (Magellan's predecessor in interest),
its successors and assigns, and filed for record in Book 64 Miscellaneous Records
at Page 569 in Dakota County, Minnesota; and
5) Partial Release of Right of Way [reference Magellan Tract 8101] dated
2/21/1977, from Williams Pipe Line Company to Edwin J. Englert and Dorothy
E. Englert as to the W 1/2 NE SW Section 21, T- 115 -N, R -19 -W, reserving to
Williams Pipe Line Company an easement on the North 133 feet of the W 1/2 NE
SW Section 21, T- 115 -N, R -19 -W; and
6) Grant of Easement [reference Magellan Tract 8100] as to a pipe line or pipe lines
dated 8/25/1955, from Mrs. Andrew Rothi, a widow, contract seller and Phillip E.
Schlussler and Wanda Schlussler, contract purchasers, in favor of Roseline
Company (Magellan's predecessor in interest), its successors and assigns, and
filed for record in Book 64 Miscellaneous Records at Page 559 560 in Dakota
County, Minnesota; and
7) Partial Release of Right of Way [reference Magellan Tract 8100] dated 1/5/1962,
from Williams Pipe Line Company to Dolida Rothi, also known as Mrs. Andrew
Rothi, a widow, and Phillip E. Schlussler and Wanda Schlussler, as to the E '/2 NE
SW Section 21, T- 115 -N, R -19 -W, recorded in Book 284, Page 17 in Dakota
County, Minnesota; and
8) Amendment to Right of Way Grant Additional R/W Work Space [reference
Magellan Tract 8100] dated 6/15/1983, between Williams Pipe Line Company
(Magellan's predecessor in interest) and Craig R. Morton Associates, Inc., as to
the E 1/2 E 1/2 SW Section 21, T- 115 -N, R -19 -W, except the East 300 feet of the
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North 1452 feet thereof, recorded as Document No. 628622 on 7/15/1983 in the
records of Dakota County, Minnesota; and
9) Grant of Easement [reference Magellan Tract 8099] as to a pipe line dated
8/31/1955, from Leo O'Rourke and Elizabeth O'Rourke, his wife, in favor of
Roseline Company (Magellan's predecessor in interest), its successors and
assigns, and filed for record in Book 64 Miscellaneous Records at Page 568 in
Dakota County, Minnesota; and
10) Right of Way Agreement [reference Magellan Tract 8099] as to a pipe line or
pipe lines dated 12/15/1976, from The Estate of Leo F. O'Rourke and
Thunderbolt Farms, a partnership, in favor of Williams Pipe Line Company
(Magellan's predecessor in interest), its successors and assigns, and recorded as
Document No. 483124 in Dakota County, Minnesota; and
11)Amendment to Right of Way Grant Additional R/W Work Space [reference
Magellan Tract 8099] dated 6/25/1983, between Williams Pipe Line Company
(Magellan's predecessor in interest) and Michael J. O'Rourke, Administrator of
the Estate of Leo F. O'Rourke, et. al., and recorded as Document No. 628612 in
Dakota County, Minnesota; and
12) Amendment to Right of Way Grant Additional R/W Work Space [reference
Magellan Tract 8099] dated 6/22/1983, between Williams Pipe Line Company
(Magellan's predecessor in interest) and Craig J. Minea and Patricia K. Minea.,
and recorded as Document No. 628621 in Dakota County, Minnesota; and
13)Amendment to Right of Way Grant Additional R/W Work Space [reference
Magellan Tract 8099] dated 6/23/1983, between Williams Pipe Line Company
(Magellan's predecessor in interest) and Helen M. Calvin, and recorded as
Document No. 628613 in Dakota County, Minnesota; and
14) Partial Release and Grant of Right of Way [reference Magellan Tract 8099]
dated 8/13/2004, between Magellan Pipeline Company, LLC (Magellan's
predecessor in interest) and Centex Homes, and recorded as Document No.
2251528 in the Office of the County Recorder Dakota County, Minnesota; and
15) Grant of Easement [reference Magellan Tract 8098] dated 8/6/1955, from
Elizabeth I. Schuller in favor of Roseline Company (Magellan's predecessor in
interest), its successors and assigns, and filed for record in Book 64 Miscellaneous
Records at Pages 544 -545 in Dakota County, Minnesota; and
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16) Partial Release of Right of Way [reference Magellan Tract 8098] dated
7/18/1967, from Williams Brothers Pipe Line Company (Magellan's predecessor
in interest), to John S. Millard and Arlene Millard, their successors and assigns,
and filed for record in Book K Miscellaneous Records at Page 240 in Dakota
County, Minnesota; 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 and
attached hereto as Exhibit "C
1) Drawing Sheet No. 35 of 172 by WSB Associates, Inc. dated 5/2/06 on City of
Rosemount Project No. 387 S.A.P. No. 208 105 -01; and
2) Drawing Sheet Nos. 53 through 55 of 172 by WSB Associates, Inc. dated 5/2/06 on
City of Rosemount Project No. 387 S.A.P. No. 208 105 -01; and
3) Drawing Sheet No. 62 of 172 by WSB Associates, Inc. dated 5/2/06 on City of
Rosemount Project No. 387 S.A.P. No. 208 105 -01; and
4) Drawing Sheet Nos. 76R through 78R of 172 by WSB Associates, Inc. dated 5/2/06
and Revised on 2 -28 -07 and further Revised on 9/29/08, on City of Rosemount Project
No. 387 S.A.P. No. 208 105 -01,; and
5) Drawing Sheet No. 85 of 172 by WSB Associates, Inc. dated 5/2/06 on City of
Rosemount Project No. 387 S.A.P. No. 208 105 -01; and
6) Drawing Sheet Nos. 143R through 148R of 172 by WSB Associates, Inc. dated 5/2/06
(each revised as of 2/28/2007) on City of Rosemount Project No. 387 S.A.P. No. 208-
105-01; and
7) Drawing Sheet No 149 of 172 by WSB Associates, Inc. dated 5/2/06 on City of
Rosemount Project No. 387 S.A.P. No. 208 105 -01; and
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8) Drawing Sheet No. 3 of 4 by WSB Associates, Inc. dated 7/10/08 on City of
Rosemount Project No. 387 Meadows Park Bituminous Trail.
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:
Encroachments Along Old County Road No. 38 (also known as "Bonaire Path"):
(a) New Bituminous Road surface with concrete curb and gutter for Old County Road
No. 38 (135 Street)— road surface width to be 21.5 feet from centerline of road to
outside of curb on each side of centerline of Old County Road No. 38. New road
surface will be within portions of Magellan's Easement Tract for a distance of
approximately 1525 feet (approximately 36 +00 to 51 +25 engineering stations for
Old County Road 38) as shown on City Project #387 Old County road No. 38
Street and Storm Sewer, Sheet Nos. 76R, 77R, 78R, 85, and 143R throuth 148R
and 149 of 172 by WSB Associates, Inc. dated 5/2/06, as shown on Exhibit
"C" (and located between approximate Magellan pipeline engineering stations
166 +47 and 181 +41 on the Magellan Pine Bend to Rosemount No. 3 10 -inch
pipeline as shown on Magellan's Drawing Number PRA- 044 -1B; and
(b) One 16 -inch diameter DIP water main pipeline and one 24 -inch diameter raw water
main pipeline within portions of Magellan's Easement Tract from approximate
engineering stations 36 +25 to 51 +50 for Old County Road No. 38 and crossing
under the Magellan Facilities at approximately 50 +10 to 50+75 engineering
stations for Old County Road 38 as shown on City Project #387 Old County
road No. 38 Watermain, Sheet Nos. 53, 54, 55 of 172 by WSB Associates, Inc.
dated 5/2/06, as shown on Exhibit "C" (and located at approximate Magellan
pipeline engineering stations 167 +51 on the Magellan Pine Bend to Rosemount
No. 3 10 -inch pipeline as shown on Magellan's Drawing Number PRA- 044 -1B).
The water main pipelines shall have a minimum vertical separation between the
water main pipelines and Magellan Facilities of 2 feet. Additionally, City has
installed concrete protective barriers between the water line and the Magellan
Facilities as shown on Exhibit "C"; and
(c) One 21 -inch diameter RCP Storm Sewer pipeline within portions of Magellan's
Easement Tract, crossing above the Magellan Facilities at approximately
51 +00 engineering station for Old County Road No. 38 as shown on City Project
#387 Old County Road No. 38 Street and Storm Sewer, Sheet Nos. 78R of 172 by
WSB Associates, Inc. dated 5/2/06, as shown on Exhibit "C" (and located at
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approximate Magellan pipeline engineering station 167 +25 on the Magellan Pine
Bend to Rosemount No. 3 10 -inch pipeline as shown on Magellan's Drawing
Number PRA- 044 -1B). The RCP Storm Sewer pipeline extends generally parallel
along Magellan's Easement Tract in a westerly direction from its crossing of the
Magellan Facilities, reducing in size to a 15 -inch diameter RCP pipeline, as
shown on said Sheet No. 76R, 77R 78R of 172. At the location where the
Storm Sewer pipeline crosses the Magellan Facilities, City will provide
minimum vertical separation of approximately 3 feet between the Storm Sewer
pipeline and the Magellan Facilities; and
(d) Various sized (27 -inch diameter, 21 -inch diameter and 15 -inch diameter) RCP
Storm Sewer pipelines and manholes within portions of Magellan's Easement
Tract along Old County Road No. 38 as shown on City Project #387— Old
County Road No. 38 Street and Storm Sewer, Sheet Nos. 76R, 77R 78R of 172
by WSB Associates, Inc. dated 5/2/06, as shown on Exhibit "C and
(e) Two 4 -inch diameter drain tiles each approximately 100 feet long within portions of
Magellan's Easement Tract along the edge of the curb of Old County Road No.
38 in the vicinity of Old County Road No. 38 engineering station 39 +00 to 40 +00
as shown on City Project #387— Old County Road No. 38 Street and Storm Sewer,
Sheet No. 77R of 172 by WSB Associates, Inc. dated 5/2/06, as shown on
Exhibit "C".
(f) A bituminous surfaced bike -path trail approximately 8 feet in width within portions
of Magellan's Easement Tract along Old County Road No. 38 offset from and
on the south side of Old County Road No. 38. The bike -path trail will also have
two southerly extensions coming off of the portion of the bike -path trail which
generally parallels Old County Road No. 38 and which will go from north to
south across the Magellan Easement Tract near Bacardi Avenue. The bike -path
trail routing is shown on City Project #387— Old County Road No. 38 Street and
Storm Sewer, Sheet Nos. 76R, 77R 78R of 172 by WSB Associates, Inc.
dated 5/2/06, as shown on Exhibit "C" and the two southerly extensions of the
bike -path trail are as shown on City Project 387 Meadows Park Bituminous
Trail, Sheet 3 of 4 by WSB Associates, Inc. dated 7/10/08, all in Exhibit "C"
(note that Sheet 3 of 4 is the most current revision of the layout of the southerly
extensions of the bike -trail path and supersedes the layout shown on other pages
of Exhibit "C" to the extent they are different). City shall provide approximately
4.5 feet of cover between the bike -path trail and the Magellan Facilities.
Encroachments Along Bacardi Avenue (including its intersection with Old County
Road No. 38):
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(a) One 36 -inch diameter reducing to 16 -inch diameter DIP water main (raw) pipeline
and one 16 -inch diameter reducing to a 12 -inch diameter DIP water main pipeline
laid along Bacardi Avenue within Magellan's Easement Tract and crossing
under the Magellan Facilities at approximately 2 +25 to 2 +50 engineering
stations for Bacardi Avenue as shown on as shown on City Project #387
Bacardi Avenue Sanitary Sewer and Watermain, Sheet No. 62 of 172 by WSB
Associates, Inc. dated 5/2/06 (and located at approximate Magellan pipeline
engineering station 168 +36 on the Magellan Pine Bend to Rosemount No. 3 10-
inch pipeline as shown on Magellan's Drawing Number PRA- 044 -1B). The
water main pipelines shall have a minimum vertical separation of 2 feet between
the water main pipelines and the Magellan Facilities. Additionally, City has
installed concrete protective barriers between the water line and the Magellan
Facilities as shown on Exhibit "C and
(b)
A 16 -inch diameter Sanitary Sewer line (including 30 -inch diameter steel casing for
the portion of it below the County Road No. 38) going along Bacardi Avenue and
crossing under the Magellan Facilities at approximately 2 +25 to 2 +50
engineering stations for Bacardi Avenue as shown on as shown on City Project
#387 Bacardi Avenue Sanitary Sewer and Watermain, Sheet No. 62 of 172 by
WSB Associates, Inc. dated 5/2/06 (and located at approximate Magellan
pipeline engineering station 168 +36 on the Magellan Pine Bend to Rosemount
No. 3 10 -inch pipeline as shown on Magellan's Drawing Number PRA- 044 -1B).
Encroachments on Magellan Easement Tract for Removal of Structures
(a) Removal of concrete flume at engineering station 41 +80, as shown on as shown
on City Project #387 Removal Plan, Sheet No. 35 of 172 by WSB Associates,
Inc. dated 5/2/06; and
(b)
Removal of pipe culvert at engineering station 40 +30 to 41 +60, as shown on as
shown on City Project #387 Removal Plan, Sheet No. 35 of 172 by WSB
Associates, Inc. dated 5/2/06; and
(c) Removal of trees at engineering station 43 +00 to 49 +00, as shown on as shown on
City Project #387 Removal Plan, Sheet No. 35 of 172 by WSB Associates,
Inc. dated 5/2/06; and
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
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grade or elevation of the ground surface within Magellan's Easement Tract or at any time
plant or allow any trees thereon or cause or permit any of these to be done by others, without
the express prior written permission of Magellan.
3. Magellan On Site Representative. Exclusive of Saturday, Sunday, and legal holidays, City
shall notify Magellan a minimum of 48 hours in advance of any Encroachment activities on
Magellan's Easement Tract so that Magellan may arrange to have a representative present.
At Magellan's option and at City's sole cost and expense, Magellan's representative may be
on site during all Encroachment activities over or within ten feet (10') of the Magellan
Facilities to confirm that no damage occurs to the Magellan Facilities. The presence of
Magellan's representative or any verbal instructions given by such representative shall not
relieve City of any liability under the Easement or this Agreement, and will not change the
terms of the Easement or this Agreement, which may only be changed by written agreement
by authorized representatives of City and Magellan. If pipeline, coating, cathodic protection
and/or any other repair of Magellan Facilities is required by Magellan or if the safety of the
Magellan Facilities is jeopardized, in Magellan's sole judgment, City shall stop all
construction activities on Magellan's Easement Tract until said repairs are completed or
until any unsafe construction practices are resolved to the satisfaction of Magellan's on -site
representative. Written notification of such construction activity shall be made to
MAGELLAN PIPELINE COMPANY, Damage Prevention Maintenance Operator,
Howard White at 2451 W County Road C, St. Paul, MN 55113, Office:(651) 633 -9669,
Cell: (612) 759 -9452, Fax: (651) 633 -8217, 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
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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.
Commercial or Comprehensive General Liability insurance on an occurrence form with a
combined single limit of $1,000,000 each occurrence and project specific annual
aggregates of $1,000,000. Coverage must include premises /operations, independent
contractors, blanket contractual liability, and products /completed operations coverage,
broad form property damage, personal injury, and sudden and accidental pollution; such
coverage must be maintained for two (2) years following completion of work activities
related to the construction of the Approved Encroachments. Magellan, its affiliated
companies, and its and their respective directors, officers, partners, members,
shareholders, employees, agents and contractors shall be included as additional insureds.
(c) In each of the above policies, the City or its contractors and subcontractors agree to
waive and will require its insurers to waive any rights of subrogation or recovery either
may have against Magellan and its affiliated companies.
(d) Regardless of the insurance requirements above, the insolvency, bankruptcy, or failure of
any such insurance company providing insurance for the City or its contractors and
subcontractors, or the failure of any such insurance company to pay claims that occur,
such requirements, insolvency, bankruptcy or failure will not be held to waive any of the
provisions hereof.
(e) In the event of a loss or claim arising out of or in connection with the construction of the
Approved Encroachments, the City agrees, upon request of Magellan, to submit a
certified copy of its insurance policies for inspection by Magellan.
(f) The City shall require all of its contractors and subcontractors for work related to the
construction of the Approved Encroachments to provide adequate insurance coverage,
all to be endorsed with the Waiver of Subrogation wording referenced in Section (c)
above; any deficiency in the coverage, policy limits, or endorsements of said contractors
and subcontractors, shall be the sole responsibility of the City.
(b)
7. Indemnification. City will indemnify, save, and hold harmless Magellan, its affiliated
companies, directors, officers, partners, employees, agents and contractors from any and all
environmental and non environmental liabilities, losses, costs, damages, expenses, fees
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(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. Nothing herein shall be deemed
a waiver by the City of the limitations on liability set forth in Minnesota Statutes, Chapter
466; and the obligation of the City to indemnify Magellan hereunder will be limited to
$1,000,000 or the maximum statutory limits allowed, if greater. 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.
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.
(b)
(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
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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, to the extent of its ability to do
so, 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.
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:
Name:
CITY OF ROSEMOUNT
A Minnesota Municipal Corporation
By:
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.
Printed Name: WILLIAM H. DROSTE
Title: Mayor of Rosemount, Minnesota
Date: 2008
Date: 2008
11
Encroachment Agreement EA -F Xing 3 -28 -05 MOD Tract 8098, 8099. 8100, 8101, 8103 Dakota County, MN Agent DM
Project 06 -036
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 2008 personally appeared
to me personally known to be the authorized signatory of MAGELLAN PIPELINE GP, LLC,
a Delaware limited liability company, who being duly sworn did acknowledge to me that he
executed the foregoing instrument on behalf of said limited liability company as its free and
voluntary act and deed, for the uses, purposes and consideration therein set forth.
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 ,2008, 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 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.
My Commission Expires:
Notary Public
Notary Public
12
Encroachment Agreement EA -F Xing 3 -28 -05 MOD Tract 8098, 8099. 8100, 8101, 8103 Dakota County, MN Agent DM
Project 06 -036
EXHIBIT "A"
SUBJECT LAND
1) Biscayne Pointe North, according to the plat thereof recorded in Book 46 of
Plats on Page 37 of the County Recorder of Dakota County, Minnesota; and
2) The E SW 1 Section 21, Township 115 North, Range 19 West, Dakota
County, Minnesota; and
3) The NW 1 NW 1 SW 1 Section 21, Township 115 North, Range 19 West,
Dakota County, Minnesota.
4) The SW 1 NE 1 Section 21, Township 115 North, Range 19 West, Dakota
County, Minnesota.
13
Encroachment Agreement EA -F Xing 3 -28 -05 MOD Tract 8098, 8099. 8100, 8101, 8103 Dakota County, MN Agent DM
Project 06 -036
EXHIBIT "B"
GENERAL ENCROACHMENT REQUIREMENTS
14
Encroachment Agreement EA -F Xing 3 -28 -05 MOD Tract 8098, 8099. 8100, 8101, 8103 Dakota County, MN Agent DM
Project 06 -036
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
Required 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.
Examples of such land use changes
are:
Change from pasture to cultivation
Change in depth of tilling (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
Ipdostry 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 govern encroachments
on Magellan's Easement Tract: 1st
laws and regulations: 2nd
Magellan policies: and 3rd
Common Ground Alliance Best
Practices.
B. MAGELLAN RIGHT OF WAY
PRACTICE
1. Personal Property and Fixtures
To Be Kept Off of 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 Subfect 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 permitted
encroachments located on or
overhanging all or part of any
Magellan's Easement Tract. Trees or
other vegetation overhanging
Magellan's Easement Tract may be
side trimmed.
C. ENCROACHMENT PLANNING
1. Plan Review Required by
Magellan. 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
compaction of backfrll 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
facility is located must contain the
following:
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 PIPELINES)
Excmmtion and/or Construction
Prohibited Without compliance with
State One -Cal I AND Without Written
Permission From MAGELLAN
PIPELINE COMPANY, LP.
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
wilting. 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. FineBne Iutevity Inspeetbn.
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 Magellan'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 Approximate
De of Pb 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
Mondial' Pipeline or Facility and
an Encroachhoa Obieet or
Suvetnre. 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
encased 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. ,mutosAtisidgdmg,t
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
REQUIREMENTS
STANDARDS
1. Risk of Loos and Daman.
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 1 of 17
Page 2 of 17
Page 3 of 17
General Encroachment Requirements (L.P.— 1/1/07)
Page 4 of 17
Page 5 of 17
EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 2 of 4
for damages, destruction of
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. Structures and
Fences.
a. Buildings and Structures. No
buildings. houses. barns. 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
Magellan's Easement Tract.
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 Iiability 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 PiceOne Utility
Crossing& 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
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:
I) The tape must be placed directly
over (parallel to) and at least 15
inches above the foreign 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 pipeline(s)
with a minimum of 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.
f. 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 full
width 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
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 w ithout 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.
1. Directional Drilling Boring.
1) 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
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 drill bit, to
measure drill -string &vial 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
following tolerances:
Elevation of +0 feet and -15
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 -10
feet of the alignment and
w ithin +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 (Ldrilled /Aavg) x
180 /n
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
horizontal and vertical coordinates,
referenced to the drilled entry
point. which accurately describe
the location of the pilot hole.
5) Drilling Fluids.
•The composition of drilling fluids
proposed for use shall comply with
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
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
of drilling fluids. Drilling fluid
retums 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
surface retums of drilling fluids
occur. they shall be immediately
contained with hand placed
barriers (e.g., hay bales. sand bags.
silt fences, eta) 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
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General Encroachment Requirements (L.P.— 1/1/07)
Page 9 of 17
Page 10 of 17
Location of Pipeline
Minimum
Location of
Compacted Cover
Pipeline
Over To of
PipeBae
Under roadway
surface proper
4.0 feet
(Below surface of
pavement)
3.0 feet
Under all other
surfaces within the
right of way or from
the bottom of ditches
3.0 feet
EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 3 of 4
the amount of surface return exceeds that
which can be contained with hand -placed
barriers. small collection sumps (less than 5
cubic yards) may be used unless permits or
other regulations prohibit the use of collection
sumps. If the amount of surface retum
exceeds that which can be contained and
collected using barriers or small sumps. or if
the retum of drilling fluids occurs in the body
of water proper. drilling operations will be
suspended until surface retum 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
the new crossing as well as the location of
Magellan's pipeline.
5. Roadway. Driveway. Railroad and Equipment
Crossings. No roadway. driveway, railroad or
equipment crossings of any type shall be allowed
to be constructed parallel to any Magellan
pipeline within the boundaries of Magellan's
Easement Tract.
a. Pipeline Integrity Inspection. A pipeline
integrity review shall be performed by Magellan
as described in provision "B' under "C.
Encroachment Planninv" (above).
b. Load Bearing and Stress Lbnit
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
facilities and must advise Owner of any
additional requirements necessary to provide
adequate protection.
c. No Crossing Over Pipeline Bend. Paved
surfaces or rail beds shall not be allowed to cross
a pipeline bend (point of inflection).
d. Minimum Angle of Crossing. Crossings
should be as close to 90 degrees to Magellan
pipeline(s) as possible. but not less than 30
degrees.
e. Pipeline Casing Issues. Magellan prefers that
cased roadway and railroad crossings no longer
be installed. If the carrier pipe under roadways
and railroads requires adjustment or relocation.
then instead of using casing. the carrier pipe will
consist of extra strength material or heavier wall
thickness to accommodate the additional
longitudinal stress due to external loads. If a road
or railroad crossing currently uses casing and the
road or railroad is being widened and no other
adjustment or relocation of the carrier pipe is
required, then Magellan may elect to extend the
casing pipe on the existing crossing(s) to
accommodate additional road surface. If casing is
used, it must not end under the roadway surface
or track structure. but must extend across the
entire length of the roadway or railroad right of
f. Railroad Crossing Requirements. Railroads
shall be installed with a
minimum compacted cover over the carrier pipe. as
measured from the base of the rail to the top of the
pipe, as follows (see Figures 1 and 3):
g. Roadway and Driveway Crossings.
Roadways and driveways. shall be installed with
a minimum compacted cover over the carrier
pipe. as measured from the top of the roadway
surface to the top of the pipe. as follows (see
Figures 2 and 4):
h. Crossing Pipelines Transporting Highly
Volatile Liquids. For Magellan pipelines
transporting highly volatile liquids. minimum
cover for a crossing at a drainage ditch must be 4.0
feet
L When Additional Depth Required. Depth
greater than the minimum depths stated above may
be required for a pipeline due to the combined
stress of internal pipeline pressure and external
loading pressure. Magellan will analyze each
proposed crossing based on information provided
by Owner to determine any additional depth that
may be required for the pipeline for safe operation.
I. Temporary Roads and Equipment Crossings.
Any such road or crossing must meet the following
requirements:
Must be located at a site approved by a
Magellan field representative.
Must provide adequate protection for
Magellan's pipeline and other facilities. as
determined by the appropriate Magellan
engineer. so that the compacted cover meets
load- bearing requirements and provides
adequate protection to limit stress on the
pipeline or other facilities.
Owner shall place Six -inch wide plastic
warning tape. McMaster -Carr No. 8288T12 or
equal. over each pipeline for the width of the
temporary road or equipment crossing. plus an
additional 20 feet past each outside edge of such
temporary road or equipment crossing
k. Owner Required to Protect Magellan
Pipelines. Magellan may require Owner to put in
place additional cover and /or stabilization
(timbers. steel plate. crushed rock. concrete slab.
etc.) at any approved equipment crossing in order
to protect Magellan pipelines. taking into account
possible effects of weather. pipeline depth. and
type of vehicles proposed to cross the pipelines.
Magellan wi ll analyze each proposed crossing
based on information provided by Owner to
determine any additional depth or protection that
may be required for safe pipeline operation.
L Heavy Equipment Definition and
Requirements. Heavy equipment shall be defined
as vehicles having a gross weight in excess of
80.000 pounds. Heavy equipment shall be
prohibited from working directly on top of the
active pipeline. For vehicles having a gross
weight of 80.000 pounds or less, the pipeline must
have a minimum of 4 feet of cover. Magellan
must analyze the additional longitudinal stress
due to external loads if the vehicles have a gross
weight in excess of 80.000 pounds in order to
determine required pipeline depth for safe
operation.
6. Parking Lots and Other Pavement
a. Paring Lot and Pavement Requirements.
All parking lots and other pavement installed on
Magellan's Easement Tract shall consist of a
flexible surface such as asphalt. No reinforced
concrete will be allowed.
b. Pipeline Depth Under Parking Lot The
depth of Magellan's pipelines under a parking lot
must meet or exceed compacted cover
requirements listed in the previous "Roadway.
Driveway. Railroad. and Equipment Crossings"
section above
7. Waterway Crossings.
a. Pipeline Depth Requirements. If Owner
proposes to cross a Magellan pipeline with a
waterway (river, stream. creek. irrigation canal. or
drainage ditch), such crossing must result in
Magellan's pipelines meeting or exceeding the
minimum depth below the bottom of the
waterway for compliance with then current
pipeline construction standards and federal. state.
and local regulations.
b. Requirements for Waterway Crossings:
1) Minimum Angle or Crossing. Crossings
should be as close to 90 degrees to Magellan
pipeline(s) as possible. but not less than 45
degrees.
2) Vertical Separation Requirements for
Waterway Crossing. Pipelines to be crossed
must have a minimum vertical separation of
fiv (5) feet as measured from the bottom of
the waterway to the outermost part of a
Magellan pipeline. facility or appurtenance
3) Adding Weight to Pipeline for Negative
Buoyancy. Owner shall bear the cost of
Magellan adding sufficient weight or
mechanical devices to any Magellan pipeline
crossed by a waterway in order to create
negative buoyancy for such pipeline.
8. Blasting.
a. Magellan Written Approval
Required Plan To Be Submitted.
Magellan must approve any proposed
blasting operations that could affect its
pipelines or facilities. Should blasting be
necessary. a comprehensive plan must be
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.
E. EXCAVATION NEAR MAGELLAN
TIPELINES.
1. STATE "ONE-CALL" REOUIRED. No
excavation or activity listed in "A. GENERAL
1. Encroac Definition" above shall be
performed by Owner in the vicinity of
Magellan's facilities or within Magellan's
Easement Tract until proper telephone
notification has been made to the appropriate
One Call" system and a Magellan
representative is on -site to monitor excavation
activities. All of the states in which Magellan
conducts pipeline operations have "One Cell"
laws. which require 48 -72 -hours notification
prior to any excavation related activities.
After making a One -Call. the state One -Cali
agency will notify Magellan to mark
accurately. in a reasonable and timely
manna. the location of the Magellan's
pipeline facilities in the vicinity of the
proposed encroachment.
2. ONE -CALL NOTIFICATION. The
following list is prodded for convenience. but
is not warranted by Magellan to be complete
or accurate (telephone numbers were copied
from each state's web site on 1/5/2004).
Owner is required to acquire and call the
appropriate One-Caii aamber(s) for its
location of activity.
Page 11 of 17
Page 12 of 17
General Encroachment Requirements (L.P.— 1/1/07)
Page 13 of 17
Page 14 of 17
Minimum
Location of
Compacted Cover
Pipeline
Over Top of
Pipeline
Under track structure
proper (Below
bottom of mil)
6.0 feet
Under all other
surfaces within the
right of way or from
the bottom of ditches
3.0 feet
EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 3 of 4
the amount of surface return exceeds that
which can be contained with hand -placed
barriers. small collection sumps (less than 5
cubic yards) may be used unless permits or
other regulations prohibit the use of collection
sumps. If the amount of surface retum
exceeds that which can be contained and
collected using barriers or small sumps. or if
the retum of drilling fluids occurs in the body
of water proper. drilling operations will be
suspended until surface retum 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
the new crossing as well as the location of
Magellan's pipeline.
5. Roadway. Driveway. Railroad and Equipment
Crossings. No roadway. driveway, railroad or
equipment crossings of any type shall be allowed
to be constructed parallel to any Magellan
pipeline within the boundaries of Magellan's
Easement Tract.
a. Pipeline Integrity Inspection. A pipeline
integrity review shall be performed by Magellan
as described in provision "B' under "C.
Encroachment Planninv" (above).
b. Load Bearing and Stress Lbnit
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
facilities and must advise Owner of any
additional requirements necessary to provide
adequate protection.
c. No Crossing Over Pipeline Bend. Paved
surfaces or rail beds shall not be allowed to cross
a pipeline bend (point of inflection).
d. Minimum Angle of Crossing. Crossings
should be as close to 90 degrees to Magellan
pipeline(s) as possible. but not less than 30
degrees.
e. Pipeline Casing Issues. Magellan prefers that
cased roadway and railroad crossings no longer
be installed. If the carrier pipe under roadways
and railroads requires adjustment or relocation.
then instead of using casing. the carrier pipe will
consist of extra strength material or heavier wall
thickness to accommodate the additional
longitudinal stress due to external loads. If a road
or railroad crossing currently uses casing and the
road or railroad is being widened and no other
adjustment or relocation of the carrier pipe is
required, then Magellan may elect to extend the
casing pipe on the existing crossing(s) to
accommodate additional road surface. If casing is
used, it must not end under the roadway surface
or track structure. but must extend across the
entire length of the roadway or railroad right of
f. Railroad Crossing Requirements. Railroads
shall be installed with a
minimum compacted cover over the carrier pipe. as
measured from the base of the rail to the top of the
pipe, as follows (see Figures 1 and 3):
g. Roadway and Driveway Crossings.
Roadways and driveways. shall be installed with
a minimum compacted cover over the carrier
pipe. as measured from the top of the roadway
surface to the top of the pipe. as follows (see
Figures 2 and 4):
h. Crossing Pipelines Transporting Highly
Volatile Liquids. For Magellan pipelines
transporting highly volatile liquids. minimum
cover for a crossing at a drainage ditch must be 4.0
feet
L When Additional Depth Required. Depth
greater than the minimum depths stated above may
be required for a pipeline due to the combined
stress of internal pipeline pressure and external
loading pressure. Magellan will analyze each
proposed crossing based on information provided
by Owner to determine any additional depth that
may be required for the pipeline for safe operation.
I. Temporary Roads and Equipment Crossings.
Any such road or crossing must meet the following
requirements:
Must be located at a site approved by a
Magellan field representative.
Must provide adequate protection for
Magellan's pipeline and other facilities. as
determined by the appropriate Magellan
engineer. so that the compacted cover meets
load- bearing requirements and provides
adequate protection to limit stress on the
pipeline or other facilities.
Owner shall place Six -inch wide plastic
warning tape. McMaster -Carr No. 8288T12 or
equal. over each pipeline for the width of the
temporary road or equipment crossing. plus an
additional 20 feet past each outside edge of such
temporary road or equipment crossing
k. Owner Required to Protect Magellan
Pipelines. Magellan may require Owner to put in
place additional cover and /or stabilization
(timbers. steel plate. crushed rock. concrete slab.
etc.) at any approved equipment crossing in order
to protect Magellan pipelines. taking into account
possible effects of weather. pipeline depth. and
type of vehicles proposed to cross the pipelines.
Magellan wi ll analyze each proposed crossing
based on information provided by Owner to
determine any additional depth or protection that
may be required for safe pipeline operation.
L Heavy Equipment Definition and
Requirements. Heavy equipment shall be defined
as vehicles having a gross weight in excess of
80.000 pounds. Heavy equipment shall be
prohibited from working directly on top of the
active pipeline. For vehicles having a gross
weight of 80.000 pounds or less, the pipeline must
have a minimum of 4 feet of cover. Magellan
must analyze the additional longitudinal stress
due to external loads if the vehicles have a gross
weight in excess of 80.000 pounds in order to
determine required pipeline depth for safe
operation.
6. Parking Lots and Other Pavement
a. Paring Lot and Pavement Requirements.
All parking lots and other pavement installed on
Magellan's Easement Tract shall consist of a
flexible surface such as asphalt. No reinforced
concrete will be allowed.
b. Pipeline Depth Under Parking Lot The
depth of Magellan's pipelines under a parking lot
must meet or exceed compacted cover
requirements listed in the previous "Roadway.
Driveway. Railroad. and Equipment Crossings"
section above
7. Waterway Crossings.
a. Pipeline Depth Requirements. If Owner
proposes to cross a Magellan pipeline with a
waterway (river, stream. creek. irrigation canal. or
drainage ditch), such crossing must result in
Magellan's pipelines meeting or exceeding the
minimum depth below the bottom of the
waterway for compliance with then current
pipeline construction standards and federal. state.
and local regulations.
b. Requirements for Waterway Crossings:
1) Minimum Angle or Crossing. Crossings
should be as close to 90 degrees to Magellan
pipeline(s) as possible. but not less than 45
degrees.
2) Vertical Separation Requirements for
Waterway Crossing. Pipelines to be crossed
must have a minimum vertical separation of
fiv (5) feet as measured from the bottom of
the waterway to the outermost part of a
Magellan pipeline. facility or appurtenance
3) Adding Weight to Pipeline for Negative
Buoyancy. Owner shall bear the cost of
Magellan adding sufficient weight or
mechanical devices to any Magellan pipeline
crossed by a waterway in order to create
negative buoyancy for such pipeline.
8. Blasting.
a. Magellan Written Approval
Required Plan To Be Submitted.
Magellan must approve any proposed
blasting operations that could affect its
pipelines or facilities. Should blasting be
necessary. a comprehensive plan must be
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.
E. EXCAVATION NEAR MAGELLAN
TIPELINES.
1. STATE "ONE-CALL" REOUIRED. No
excavation or activity listed in "A. GENERAL
1. Encroac Definition" above shall be
performed by Owner in the vicinity of
Magellan's facilities or within Magellan's
Easement Tract until proper telephone
notification has been made to the appropriate
One Call" system and a Magellan
representative is on -site to monitor excavation
activities. All of the states in which Magellan
conducts pipeline operations have "One Cell"
laws. which require 48 -72 -hours notification
prior to any excavation related activities.
After making a One -Call. the state One -Cali
agency will notify Magellan to mark
accurately. in a reasonable and timely
manna. the location of the Magellan's
pipeline facilities in the vicinity of the
proposed encroachment.
2. ONE -CALL NOTIFICATION. The
following list is prodded for convenience. but
is not warranted by Magellan to be complete
or accurate (telephone numbers were copied
from each state's web site on 1/5/2004).
Owner is required to acquire and call the
appropriate One-Caii aamber(s) for its
location of activity.
Page 11 of 17
Page 12 of 17
General Encroachment Requirements (L.P.— 1/1/07)
Page 13 of 17
Page 14 of 17
EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 4 of 4
Current "ONE -CALL" numbers and information can
be found on each state's "ONE -CALL" website:
Arkansas w'ww.arkonecall.com/ 800 482 -8998
Colorado ww w.uncc2.orgl 800 922 -1987
Illinois www.illinoisl call.com/ 800 892 -0123
Iowa wwo.iowaonecall.com/ 800 292 -8989
Kansas www.kansasonecall.com/ 800 344 -7233
Minnesota AN ww.gopherstateonecall.org/
800 252-1166
Missouri .molcall.com/ 800 344 -7483
Nebraska www.ne- diggers.com/ 800 331-5666
North Dakota www.ndonecall.com/ 800 795 -0555
Oklahoma www.callokie.com/ 800 522 -6543
South Dakota www.sdonecall.com/index.asp
800 781 -7474
Texas www.texasonecall.com/ 800 245 -4545
Wisconsin www.diggershotline.com/ 800 242 -8511
Alternatively, the National One -Call number (888)
258 0808 may be used to register a proposed
excavation and to subsequently notify underground
oti ity operators with assets in the vicinity.
3. Excavation Plan Approval. Owner shall submit to
Magellan for its approval plans for any proposed
excavation on the Magellan Easement Tract. No
excavation on Magellan's Easement Tract shall be
commenced until Owner has secured Magellan's written
approval of the plans. The excavation work shall be in
compliance with all applicable laws and regulations.
Owner is also referred to the Common Ground Alliance
Best Practices (referenced in this document).
4. Mangan Reoresentadve On Site for Excavation.
A Magellan representative must be on -site when an
excavation is occurring on Magellan's Easement Tract
(see provision "1" under "A. General" beginning on
page 1).
5. Removal of Side -C.ti u Teeth flora Eauioment
Side cutting teeth shall be removed from buckets of
excavating equipment.
6. Parallel Excavation 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
shall cease using the mechanical means when it reaches a point within two feet of
the Magellan pipeline (see next provision).
7. Exposing Pipeline by Hand. Excavating w ithin 2 feet of any Magellan
pipeline shall be done by hand- digging until the pipeline is exposed and its
location is accurately known. Then. Owner must position the excavation
equipment so that from the point of operations the equipment will not reach
within 2 feet of any Magellan pipeline.
RAILROAD AND HIGHWAY CROSSINGS
Minimum depth
below ground
Minimum depth Railroad -,Drainage ditch
below ditch
Minimum depth
bebw doh
Minimum depth
below bottom of rail
End seal Casing Carrier pipe
CASED RAILROAD CROSSING
FIGURE 1
Hghauy
End seal pee -Casng
CASED HIGMM4YCRD NG
RGURE 2
Drainage ditch
wnt
Vent
Carer pee
Minimum depth below
ardace of pavement
Fbikoad-
Minimum depth
below ditch
Minimum depth below ground
Minimum depth
below ditch
Minim um depth
below bottom of tail
Uncased caner pipe
UVCASED RAILROAD CRDS9NG
RGURE 3
Ctainage Ditch
Hghway
Drainage ditch
es' =e'e
lhcased Cartier Rpe Miranum depth bebw
9rrface Of Fhvement
UNCASED HIGHWAY CROSSING
RGUFE4
Page 15 of 17
Page 16 of 17
General Encroachment Requirements (L.P.— 1/1/07)
Page 17 of 17
EXHIBIT "C"
PLAN DRAWINGS
15
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