E-3. 14-01 Street Recon Project: Encroachment Agmt with MagellanCITY OF
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.2271404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
MEMORANDUM AA
TO: Paul Oehme, Director of Public Works /City Engineer
FROM: Alyson Fauske, Assistant City Engineer
DATE: May 12, 2014 0 w
SUBJ: 2014 Street Reconstruction Project No. 14 -01: Approve
Encroachment Agreement With Magellan Pipeline For Work In
Pipeline Easement
NXII101.117311I1[ILI
"The City Council approves an encroachment agreement with Magellan Pipeline
for work in pipeline easement on Kiowa Trail.
City Council approval requires a simple majority vote of the City Council present.
The City Council approved a construction contract with GMH Construction on April
28, 2014.
The Magellan Pipeline crosses Kiowa Trail on the south end of the street. The plans
for the Kiowa Trail street improvements call for crossing the Magellan Pipeline
easement with new water main and replacement of the street section in the easement.
In order for this work to take place an encroachment agreement between the City and
Magellan Pipeline needs to be approved. This agreement outlines the requirements
for the contractor to work in the pipeline easement. It also specifies the necessary
insurance coverage of the contractor. The work within the easement will be
coordinated with the Magellan Pipeline construction inspector.
The City attorney has reviewed the agreement.
Senior Center
Phone: 952.227.1125 SCHEDULE
Fax: 952.227.1110
Begin work in Kiowa Trail area Mid -May, 2014
Web Site Begin work in Minnewashta Shores area Mid -June, 2014
www.ci.chanhassennn.us Substantial completion Late August, 2014
Install wear course in all project areas Spring, 2015
Attachments: Encroachment Agreement
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(Drafted by & when filed retum to: Magellan Pipeline Company, L.P., P. O. Box 22186, MD OTC -9 (S. Guthrie), Tulsa, Oklahoma 74121-2186,
918/5747350.)
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 the City of
Chanhassen, MN, a Minnesota municipal corporation, whose mailing address is 7700 Market
Boulevard, PO Box 147, Chanhassen, MN 55317, its successors, assigns and grantees
(hereinafter called "City ").
WITNESSETH:
WHEREAS, City represents and warrants that City owns the right to construct water main line
and construction of Kiowa Trail near W 942 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 North Half of the Northwest Quarter (NV2NW1 /4)
of Section 25 of, Township 116 North, Range 23 West, Carver 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 as to a pipe line or pipe lines dated September 4, 1954,
from Arthur Bandimere and Shirley Bandimere, husband and wife, and Delta
1
Encroachment Agreement EA -F Xing — 4 -4 -14 — Tract 7339, Carver County, MN - Agent HCP - Project 13 -656
Bandimere, a single man, in favor of Great Lakes Pipe Line Company
(Magellan's predecessor in title), its successors and assigns, and filed for record in
Carver County Office of Register of Deeds, Book 57 Deeds, at Page 458; and
2) Partial Release of Right of Way dated December 14, 1967 and recorded in Book
15 of Satisfaction, Page 292 -297, Instrument 03012, Carver County Register of
Deeds, from Williams Brothers Pipe Line Company to Arthur Bandimere and
Shirley Bandimere, husband and wife, and Delta A. Bandimere and Gladys
Bandimere, husband and wife, releasing a portion of the rights granted in the
Right of Way Agreement listed above; 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) City of Chanhassen "MINNEWASHTA SHORES AND BANDMIERE HEIGHTS
STREET AND UTILITY RECONSTRUCTION" ( CHANH125188) by Short Elliott
Hendrickson, Inc. dated 3/12/2014, signed by Chris X. McKenzie, PE, dated 3/12/2014,
Exhibit "C" Sheet 1, Sheet 23 and Sheet 50;
TERMS AND PROVISIONS
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:
2
Encroachment Agreement EA -F Xing — 4 -4 -14 — Tract 7339, Carver County, MN - Agent HCP - Project 13 -656
(a) Demolition, excavation, and construction of Kiowa Trail near W 94th Street. The
project proposes to demolish the existing roadway, excavate approximately 3 feet,
and construct/pave the new road. The proposed work will cross Magellan Facilities
and Easement Tract which have been measured to be about 4 feet deep on the west
side of the road and about 5 feet deep on the east side. City is required to adhere to
Exhibit `B" - General Encroachment Requirements in section D.S.g which
requires the minimum requirement of 4 feet of compacted cover between the surface
of the road and the top of the Magellan Facilities; and Section E.7 requires
excavating within 2 feet of the Magellan Facilities shall be done by hand - digging
until the pipeline is exposed and its location is accurately known. Exhibit "C" Sheets
23 & 50;
(b) Watermain installation. The project proposes to install an 8" C -900 PVC
watermain approximately 9 feet below grade that will cross Magellan Facilities and
Easement Tract. City is required to adhere to Exhibit `B" in section DA.b which
states the requirement for a 24" vertical clearance between Magellan Facilities and
the utility crossing. Additionally, City is required to adhere to Exhibit `B" - General
Encroachment Requirements in section D.S.g which requires the minimum
requirement of 4 feet of compacted cover between the surface of the road and the top
of the Magellan Facilities; and Section E.7 requires excavating within 2 feet of the
Magellan Facilities shall be done by hand - digging until the pipeline is exposed and
its location is accurately known. Exhibit "C" Sheets 23;
(c) Note provisions 11 and 12 herein below for heavy equipment and excavation
requirements. Additionally, Magellan Representative is required to be present
during construction of the proposed improvements to confirm minimum clearance
and depth of cover requirements have been met and that the existing Magellan
Facilities are not damaged.
2. No Other Encroachments. Except for the Approved Encroachments as defined in the
Agreement, Company 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 Reuresentative. 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
Encroachment Agreement FA -F Xing — 4 -4-14 — Tract 7339, Carver County, MN - Agent HCP - Project 13 -656
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, Howard White, Coordinator of Operations &
Maintenance, 2728 Patton Road, St Paul, MN 55113; Office:(651) 635 -4279, Cell: (612)
759 -9452, Fax: (651) 633 -5464, or such other representative of Magellan, which Magellan
may from time to time designate.
4. Protection of Magellan Facilities. City shall protect the Magellan Facilities if excavating
and backfilling become necessary within Magellan's Easement Tract. If excavating within
2 feet of any Magellan pipeline or when otherwise deemed necessary by Magellan's on -site
representative, City shall perform any necessary digging or excavation operations by hand
digging. City shall reimburse Magellan for all costs of having a representative of Magellan
on -site during construction activities related to the Approved Encroachments.
5. Breach. If either City or Magellan breaches this Agreement and the non- breaching party
commences litigation to enforce any provisions of this Agreement, the reasonable cost of
attorneys' fees and expenses will be payable to the non - breaching party by the breaching
party upon demand, for all claims upon which the non - breaching party prevails.
6. Insurance. City shall procure or cause its contractors and subcontractors to procure and
maintain in force throughout the entire term of this Agreement insurance coverage described
below with insurance companies acceptable to Magellan for work performed related to the
construction of the Approved Encroachments. All costs and deductible amounts will be the
responsibility and obligation 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, naming Magellan Midstream
Partners, L.P. and its Affiliates as an additional insured. 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 per accident for bodily injury or disease.
(b) Commercial General Liability insurance on an occurrence form with a combined single
limit of $5,000,000 each occurrence; and for project specific, an annual aggregate of
$5,000,000. Coverage must include premises /operations, products /completed operations,
and sudden and accidental pollution. Magellan Midstream Partners, L.P. and its
0
Encroachment Agreement EA -P Xing — 4 -4 -14 — Tract 7339, Carver County, MN - Agent HCP - Project 13 -656
Affiliates (hereinafter defined), and its and their respective directors, officers, partners,
members, shareholders, employees, agents, and contractors shall be included as additional
insureds. The term "Affiliate(s)" as used herein means, with respect to Magellan
Midstream Partners, L.P., any individual, corporation, partnership, limited partnership,
limited liability company, limited liability partnership, firm, association, joint stock
company, trust, unincorporated organization, governmental body, or other entity
(collectively, a "Person') that directly, or indirectly, through one or more intermediaries,
controls, or is controlled by, or is under common control with Magellan Midstream
Partners, L.P. The term "control' (including the terms "controlled by" and "under
common control with "), as used in the previous sentence means the possession, directly or
indirectly, of the power to direct or cause the direction of the management and policies of
Magellan Midstream Partners, L.P. or such Person, as applicable, whether through
ownership of voting stock, ownership interest or securities, by contract, agreement or
otherwise.
(c) The Sudden and Accidental Pollution can be a separate, stand alone policy, but must still
meet the $5,000,000 minimum limit requirement. If the coverage is written on a claims -
made policy form, the coverage must be maintained for two (2) years following
completion of the work activities related to the Approved Encroachments.
(d) In each of the above policies, the City or its contractors and subcontractors agrees to
waive and will require its insurers to waive any rights of subrogation or recovery either
may have against Magellan and its affiliated companies.
(e) 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.
(f) 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.
(g) 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 (d)
above; any deficiency in the coverage, policy limits, or endorsements of said contractors
and subcontractors, shall be the sole responsibility of the City.
7. Indemnification. City will indemnify, save, and hold harmless Magellan, its affiliated
companies, directors, officers, partners, employees, agents and contractors from any and all
environmental and non - environmental liabilities, losses, costs, damages, expenses, fees
5
Encroachment Agreement EA -P Xing — 4 -4 -14 — Tract 7339, Carver County, MN - Agent HCP - Project 13 -656
(including reasonable attorneys' fees), fines, penalties, claims, demands, causes of action,
proceedings (including administrative proceedings), judgments, decrees and orders resulting
from Company's breach of this Agreement or caused by or as a result of the construction,
use, maintenance, existence or removal of the Approved Encroachments and Other
Encroachments located on the Magellan Easement Tract. The presence of Magellan's
representative or any instructions given by such representative will not relieve Company 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. Company 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 Company.
(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 Company 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.
3
Encroachment Agreement EA -F Xing — 4 -4 -14 —Tract 7339, Carver County, MN -Agent HCP -Project 13 -656
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.
11. Heavy Equipment Crossings. Although exact construction equipment is not known at this
time, pipeline stress calculations have been performed based on an assumed maximum
loaded vehicle weight of 80,000 lbs. The stress calculations further assumed that the gross
loaded vehicle weight was evenly distributed between two (2) axles resulting in a maximum
wheel load of 20,000 lbs. Based upon these assumptions and the pipeline depths provided by
Magellan, equipment meeting the aforesaid criteria may safely cross the Magellan pipelines;
however, a Magellan field representative will need to be present to verify the pipeline
depth of cover prior to allowing equipment to cross. A minimum cover of three (3) feet
shall be maintained for all equipment crossings over Magellan Facilities.
Tracked equipment and equipment exceeding the maximum wheel load specified
above will not be allowed to cross the Magellan Facilities without further evaluation of
the pipeline stresses. If equipment exceeding the maximum wheel load specified above will
need to cross the pipelines, detailed information will need to be received in order to perform
pipe stress calculations. The following information will need to be received to perform a
more thorough analysis of wheeled vehicles: loaded vehicle weight, number of axles on the
front and rear, and weight distribution between the front and rear axles. For equipment on
tracks, the following information is needed: loaded vehicle weight, length of track in
contact with the ground, and track width.
12. Maximum Unsuuaorted Span Length (Excavation Requirements). Certain precautions
will need to be implemented to ensure the safety of the Magellan Facilities. Magellan's
standard practice is to conduct non - destructive evaluations and/or weld on reinforcing
sleeves on all girth welds that will be fully exposed when the native supporting soil under
the pipeline will be removed for a length greater than or equal to the respective pipeline's
safe maximum allowable unsupported span length.
Based on the pipeline specifications and maximum operating pressure for the Magellan
Facilities, the safe maximum unsupported span length is 65 feet.
Encroachment Agreement EA -F Xing— 44 -14 —Tract 7339, Carver County, MN - Agent HCP - Project 13 -656
The City will need to pay careful attention to the unsupported pipe length of the Magellan
Facilities. If more than the safe maximum unsupported span length for the Magellan
Facilities has been exposed, Magellan will require non - destructive evaluations of the girth
welds and will make repairs as necessary. Costs associated with repair work or the need for
a pipeline contractor for assistance will be the responsibility of the City.
IN WITNESS WHEREOF, the parties have set their hands on the dates expressed below.
MAGELLAN PIPELINE COMPANY, L.P. CITY OF CHANHASSEN
By Its General Partner, Magellan Pipeline GP, LLC
By Its Undersigned Authorized Signatory:
By:
Name:
Date:
2014
M
Date:
Encroachment Agreement EA -F Xing — 4.4 -14 — Tract 7339, Carver County, MN - Agent HCP - Project 13.656
2014
STATE OF OKLAHOMA
SS
COUNTY OF TULSA
Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this
day of 2014, personally appeared , to me
personally known to be the Authorized Signatory for MAGELLAN PIPELINE GP, LLC, a
Delaware limited liability company, who being duly sworn did acknowledge to me that she
executed the foregoing instrument on behalf of said limited company as the free and voluntary
act and deed, for the uses, purposes and consideration therein set forth.
Witness my hand and official seal.
My commission expires:
STATE OF MINNESOTA
SS
Notary Public
Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this _
day of 2014, personally appeared , to me known
personally to be the of the City of Chanhassen, MN, a
Minnesota municipal corporation, who being duly sworn did acknowledge to me that they
executed the foregoing instrument on behalf of said City of Chanhassen as the free and voluntary
act and deed, for the uses, purposes and consideration therein set forth.
Witness my hand and official seal.
My commission expires:
we
Notary Public
Encroachment Agreement EA -F Xing —4-4-14— Tract 7339, Carver County, MN —Agent HCP — Project 13 -656
EXHIBIT "X'
SUBJECT LAND
THE NORTH HALF OF THE NORTHWEST QUARTER (N t /2, NW 1/4) OF SECTION 25 OF
TOWNSHIP 116 NORTH, RANGE 23 WEST, CARVER COUNTY, MINNESOTA
10
Encroachment Agreement EA -F Xing — 4 -4 -14 — Tract 7339, Carver County, MN - Agent HCP - Project 13 -656
EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 1 of 4
COMPANY, LP.
General Encroachment
Requirements
A, UNERA L- These requirements
define the minimum mmdads of
uL or with
ridoes end
m's
Or openmd
rmany. LP.
these minimum regmmmana shall be,
provided to any developer. bumnmrs
entity. utility company or individual
wmktng oa behalf of owrmr nr with
[he permiudun ol'(ywrmr within
Magullne's Eammen Trace. Specific
c emarel noes may require add Mural
preamutiorn or mote gtingem
mmhwds Or order to protect the
integrity of hd.lJohms JANIftm and
Wines. Magellan's Eaccmem Tract
for purposua of Llems General
Eneourrhmenl Regnoemunsshall be
considered to be any hat within fifty
(50) had of any Idar loo pipeline or
olhm Magelled -owned Or oremmd
facility union a diHemm right of way
wWth is specifmd by one or mom
reaNml right of we, or easement
dacummas (Namur a laraiwely called
, essemenf'. whether Otte or more),
I. which case such shined width
shall det Magellan's P.aaemcnl
Tram.
I. Enereathment Deffrddon.M
"aenxhmmn" la any U¢e of this
land within N1,1111n's F,amrrom
Tree which meld intmRre with
Magmlal s I ernmut rights or which
could creme aarety ismarm for
Magellanpipelinesmvirm but
lonmtl on Magegai s Easement
Tract. proroaehmen. include, but
am not limited m: tmemm4, futures,
personal None "Y, knalm.ping.
foreign udhogs, foreign Pipelines,
madways, railmuds. wateway
crohiggs, water bnprombroenla,
wags. heavy equipment and heavy
leads on Magellan's Easement True.
and also. any excavation, digging,
drilling, maturing and ksm addition.
immoral car drtimme "rare or
..Not] wilhin Magmllpg's Easement
Tract
2 Ma lla tae Renres -• ive
Remniral On-Sim. Magellan
pipeline system., operate at high
premma, and for safety reasons.
Mngelao refining IN company
reprcammdvm to be on -she white
VWgc' is axmvadrig or pmforming
ether anivittes which could and ... er
the Magill.. pipelines Or Other
facilities on
Page 1 of 17
Whet activities of the Owner on the
a ng,lkn ti abemenl Tract, The
Magellan Geld representative shall
delemmn: whether Magellan's
continuous Presence or periodic
monitoring of em:roubment
activhies will he required and shall
Inform the Owner, A Magallan
taryeamOnaive will be made avaib blb
....4B noon native (exclusive of
weekends end holidays) to demmdidm
the location and approximate degh
.(any Magellmi pipelines No
exeaval ion shall W commercial
without Prior written approval from
Magellan and magcaion by
Magellan of the Nomni n and
approximate depth of Its pipeldaes.
3. NgBo S Faellilim,
Magellan's fi diities include, but air
not broad m, bummers, rights of
way, pdpaina, mete and calve "it..
aboveground piping mmdulds mad
c thishe proration system,
4. Land Use Chage. Notification,
The landowner and tenant, if any,
must nodly Magellan at any and
every time when the land use will be
changed for tend on or discard to
Magellmi s 'ISaement Tnd.
Examples ofsueh land use changes
are:
• Cbang. from paature m talvaliun
• Change in depth of filling (e.g.
plowing dceper or dmp-hrem:og the
land)
• Change in that mrtame will he cut
of m-mA
• Change from agricuhuml use to
norkhmtid.c arommem or bdusram
LLC•
• Change finm residential
mmm or from m m em rc
elb
Industrial.
S. Governmental Ranuldinns and
I Iurb rv(,ddegna. Owner mnsl
cwmply with all applic.but laws and
mguletwns. as on as Magellmi s
puficiea IN exPreaa al ham;n. owner
is aim hereby, referred to rW
Common Ground Mile. Bum
Pracgces which can be found on the
web sue:
www.commongmitndaillanw.com
(San "Program Information" ) "Bat
P.Irs") and which is available
Ame (:am sons Ground Alliance in
Wuklat form for easy reference, Beat
Practices addresses the mom common
Issues fm damage prevem a. moan
m rmaching party. including. among
miters: Phnnind and Design; Ow
Cat Caner,U afmg and Usedug:
Estacado.; and Mapping.
In l he even or. tonfist tudden
laws and mgulaftond Magellan'..,
policies and the Common Gmmd
Alliance Best Practies. Ire following
prod ivy m al l'vent a ncroxhmmnu
on Magellan's Basemem Tram: [a-
laws and regulations; 2W —
Mageth. polbiss: and 3m] --
Common Ground Allianm Best
Practices.
1. Personal Proudly and Fid".
To Be Kent oft of M1taeellen'x
Easement Tract, In coder m keep
Magellan rights of way elver for
.prithns. mmntenance, instated..
and medgmey no.., ptmona
property sod fixtures shall not be
placed. arorod or maintained on
Magellan's F Foam Tract. Pemerai
Property and rm.. include, but am
not limited tq instate sheds,
amomobila, asters, mobile home.
above -gromld swimming posts,
tosineasequipment,rrodust
inventory, Exempt m cast. boulders,
large, rocks, sal m, junk and piles Of
material;
2. Eaemacheream guilds eo get,,
Cleared fmm Mauellan'a F e end
,Z= Subject to the team of its
bav:ment (including right ofway
agrmnrmnl101 end Other written
agreements), 144.11an may trop
Magellan's 13asemmat Tract clear of
tmms that may Mader the exercise of
Magellan's rights m constrcet,
am am, angrech tmdom r. repair and
access to pipelines and mher
aclliogs. Clearing of the Magellan s
Eaxmon, Torm shall include, WE nut
be limited m the following: Amoval
of trees. tough, crops• other
vegetation and wmpermiruxl
m erascnmenu located on or
ovrrhangdng all Or pan ordy
Magellan's Eaxrincon' ram 'Deaf or
other vegetation overhanging
Magories's bummer, Trier may he
side- Idmmed.
L Plan Review Remdred by
MirsellmL Forst, ummactemenl.
Magellan must be provided project
plans to review and approve. Prior se
the ow"Amhmesr or,""MR. for
pomoaea of damage preWmium.
2. Snbrdefnn of Cmmnlelc plans.
Owner natal submit complete plans
In Magellan for fevicw, inamplme
plans court delay Magellan's
engineering impact study and
insufficient hdufmmton could result
at uCmaaed IA¢I" Plana must
frelado:
• APlan view of IW reject with the
pipelines) Wpdun lndudW.
• M Illnhmdon in profile or Be
briding surface mevmions, be
pmpexd smtoea elevator. and da:
ekvaimn ofthe Mngenan lnpOfineiM.
• A armpreMnsive utility /mram m,'
/grading plan aeptning rho '
relationship to the ptrelituda.
• Apreperegaldescrtpdunoflbo
Pri location.
• Complete la idxaping plan.
• Complete plans for baekfilling and
companion of backE)I material.
pipahn, car
General Encroachment Requirements — (L.P.— 1/1/07)
uion and depth of all Magellan I finm Ne I f"Eme he land O (110,
hers ter'Blm Of Magcllens D)peline)is m¢(gremeI
wdrh of M.,thos proceed than eight Ad(Il
Thu
• A standard warning statement
comigh uourlydap4mWdeanmimng
the following language:
WARNING
HIGH-PRESSURE PIPEUNE(S)
FOommen mubb,C gdouahma
NoinvOreil with. compliance wL6
Shur O4PGnd AND Wishmn Wines,
Permission From MAGELLAN
PIPEUNE COMPANY, LP.
4, Written Fnemnchment
A,Mmeat Renuleed, A Willem
fully executed Ecemachment
Agmmcent mail he in purse thelwmn
kingdom and ON., before Owner
eommencea wodr an Day
encroachment.
S. Cg9m, Unless otherwise agreed in
Outing, all carat Io Magellan that
mobil from any Encroachment should
he mid by Owb r. Such ass mail
include, but not be banned to:
modification. Authorities. lowering,
and printed.. ofpipbihmx, heluding
refinement, retention and design.
field IxWr and real estate maintain
hal document m'eraradon and
haMhng.
6. moelsne Inwerity liard etlan.
Priorm the idmauation cat any
shalbi parking I.L. roadway or
other facility which might bidding
with or hinder Magegan's inspection
of My p labline or Bright, Magcgnn
wnl path,.... A. integrity review of is
Pipeline and any other assets which
may be affe.lyd by the proposed
sommurs, Parking lot. roadway or
whir encroaching fxigly to ardor to
deaennbm stmt MOgegan'a RSWU
amply with integrity requirements
and to allow Megelbn to make my
needmd changes prior ro co t eats.
of any cncroachmems
7. frail On Mpdelldns FAN.",
Tar[— Remnvine nod Addi ae. No
,mil shall W mmowd from or added
to Magellan's f semerrt Tract
without caritas mad arbedion from
Magellan Any soil added must h
clean (wilhmn contain ornm Imah or
debase) Bid din and muss he limited in
ammmt coo Illh the
Page 4 of 17
A Read., Control Material,
firosion- control materials may he
allowed on Magellan's Easement
'I'mct or temporary po a soh
comaum Mn end rusmmdon,
9. Powd "T'do, to Pramart,
Magellan may regmm Owner m
provde acturofwrmas mard"I ip of
the land whMe the proposed
cncmechment is to he inched. Such
pmor may he in the form ma Title
Commiunco6 Title Policy, or a copy,
ofa recoMed Warranty Deed.
]O. Futegvimon Plat Magellan
requires a copy of the SuNflAsion
Plat, Vapplicable. If the plat has ban
reeonded. Magellan aimed, a copy
Indkattng the book and the Page Of
Ina romanding,
IL Location and Annroximare
Depth of PEeloea A Magellan
representative is normally available
with 48 boom trice (camusve of
Warren" and holidays) to determine
the location and at, oxfmnm depth
of the pipeline(s). fa mnnining actual
depths of pipelines may regaim PuI-
huling or hard - digging by. and m ge
expense of Owner in the prosene, of
an au @odved Magellan
nerammuadve. Noemmotrionon
Magellan's Firemen Tract Mali lake
place without arrests) by Magellan,
12. Vertical Separation Between
Madelian pipeline or FacBity and
nn Rrrvmaehine obimt no
Spectra re, Venial scpamgonu
denned'm this uncommon as the
vertical distance Wlwmn rite
marro sI pan Oft Mageum.
pipeline. faulty r, aPubtennnm (for
example, the outside of the pipe [for
uncased pipe) or the ommdv athe
pipe caning )for mad built and The
oamrmosl pan of IW comments
object (for cnample. the OwAde of
I W Cncrr amhiag Pipeline or the
outside of ins comma),
13. L'm,u �an�Onn,
Inh ansim. Owner shall pmvoe to
Magonan information as to the Type,
size, and ach la.fcrmtrumbn
aquipmen( that will W aged owe nr
In blu vicinity ofthe pipelicts).
D. ENCROACHMENT DFSIGN
RFOI FLEfir TR &
STANDARDS
1. Risk of Lis and Unmade.
Owner shall bar the Halt of lost,
damage ..We, dada imi to any
dramo u fence, landxaping or
improvemem placed wirhtn the
Wnndaies cal MngelWns E...,
Tram and shall hold Magellan
harmless
Pace 5 of 17
EXHIBIT «B" TO ENCROACHMENT AGREEMENT, 2 of a
mmnure, and for any, Consequential
damages which may arise cut of
Magellan or its centimes exercising
Magellan's theorems rights en which
may most out of accessing
Magellan's Evscmem Thad. pipefm.
Or families.
2.R.MincSl ruc`d
PCaaar
n. Funding, and Structures. No
boiltlinga hougea, lams, gauges,
pates, playhouses, sheds, septic
systems or drain folds,
swimming pwb @bow -grumd
or below- ground), minFuced
cOmmk slabs or other similar
stratmrn wia M i.mhdd on
(la Magellan', Easement Tract.
b. Sepf(System not MwtaeJ.
No geriie grant , including any
lateral lines will be Permitted an
Maisel Ian's Gxeemmt Tmcs.
C. Ratalnfng welt. Retaining walls
are car permitted on Magellmns
Eaxmcm Tna:1.
d. Fe. No farole shall to
consuuded mmenlxinae on
Magellan's Eommenl I'r.l
withoul a wMmn smaga lene.
e. Requirements far Fences. if
fencing oa Magell0n's Faumeat
Tract as amhariaed by a wriuen
agreemem with Magellan. Ibe
fencing must comply with rho
following:
1) Not Wsallel to Minallis. No
(sac shall hs allowed to tO
cmmmmrd parallel closer
,hen 10 fact as any Magellan
pipclfll4 within in
boundmcs or Magellan's
r2selMm Tchis
2) Fens Poo, Lornflon. No
fence poses will be ellnwed to
be within a.e (5) f.e .(my
Magellan pipeline or facility.
3) Gates lZoponad. Mngellm
may laconic any far.
cOmlectd within (be
bnundaiss of Magellan s
Fasemem Trail to hero gains
afmch aloe red aeiomyty as
b,u .y or mnacrienl fur
Magellan Ir.. i(.
pipcunes ad/or facilities for
its operations, including
inspections, a each Point
when the fence crosces a
Magellan pipeline or fi lky
Immmry. Magellan shall be
allowed to put a Magellan
axis on such gores. which will
allow access to Magellan's
Easement That and/or
theilkiea tamugh such gales,
4) Angle of Fmre Changing. it
is pmferred that kept,
parings be. close 10 00
ft. as Possible
3. Landrn nie a b'ka, lea
Cfren¢tt wall Wither.
a Lardemping lhfinieian.
Laneacaping shall include.
but am be limited pa, uccs,
daubs, mWergmmne
wrismon or another
systeex, thermal or ellKK
Pont. renaming wells, u:mces
or chat, land gentle changes,
within
Page
has General LandecapinR
Requirenmlrs.
The bllaw ing me the
Moral mks for landscaping on
Magellan's Easement Trace
O W,itkn Approval. landscaping
proposed to be core on Magellan's
Feaerem, Trost most he appraised
by Magellan in a writlan
[n4'ImILhnS @pro %rfBm@ /1(. Among
other lemma, file encrwtch lem
ngreemenl will mleat, Magellan
from any liability for continua In
Its' lamlacnping from the (gentile
ufiviri llm'.r Easement rights.
2) Taxes Not PerMthad, Trees
Pro nut )..law oa Magellan :r
Essential Tract.
3) Shrubs Strauss exceedine 3
furl in height addle, ob.mcong
the slew of say Magellan pipelne
mark. polls are ram pannilead ua
Magellan's Furemem Terst
4) 4rigari.e Syceearc, Field
Darin Lines, end Sidewalks.
Influence systems, Held drain line,
mil sim ism¢ teat am 10 trams
Mag olum pipeline male cross such
pipeline a an Cagle a clan m W
degrees as possible, but in no owns
at an Cagle leas man 45 deg.
snit must comply with caner
applicable provision of this
data xnI.
e No wit. owl. on Magelbn's
Easamenl Tod. Retention of warm,
Including but not limited to,
Unlock ponds, tikes, nuen tent
ponds. ar Woods may ml be
c nistmmd or formed! an Magellan's
Eosemers Tlau.
d. Surface Grade and Mother
Chang.. S.fa. gown nr elevation
changes must no revtewd and
apprnved in writing by Magellan.
4. Is Cie. Poaeline & Ifalily
Cmaines. No foreign pipelines or
utility lines ofsay sypr Shall be
still to be comual parallel to
my Museum pipeline within the
boundaries of Magellan's yowe enl
Tract.
m hl(nimum Angh, for
Wp llinesuili ty Loading. My
fnmgn pipeline or utility, that b
practical 10 ¢mss a Magellan
Pipeline crash crass the Magellan
p tclim of on angle a Cost to W
degrees as pmsaibk, but m no event m
m mile sits than 45
b. Volleal Sepao0nn
Requirements fair Creating. Foreign
piPeline(s), choice (except high -
,cllsge lines —. c below) or flow
line, (boom cma Migallan
pipelines) with at least 24 inches at
vertical sepamcbn, Special whose
ministration meat be given in the
Come wYou aCpma110a is teat that
that Spa:ifed in these General
Encroachment Requirement. True
oaf erd .[had for is foreign
pipeline or u(flay to crass a Magellan
pipeline is lot a, DelOw the,
Magellan pipeline.
e Washing Tape Required, When
my forage pipeline or mility line is
Prepared r aoa a Magellan
pipeline. Owner mua, pis. 6" wide
McMaster Can No. Val or
,,At whin. Mail lbn a Fa.mem
Tram
II The tape must be attend directly
arc, (pmauel to) and at least 15
inches about the foreign line for
the more distance built
occupies Magellan's Easement
Trna. Additionally, the nape
mast be place) duecuy aver
(parallel m) are at meat IS
thean above each Magellan
Pipeline that it crossed for a
Mnimum Oistsnm when is the
)
(a(at . mini mini mum dbmmx; .1720
fit's an each side of the
Magellan pipeline, or
(b) acmasthe entire widt dth of
h
Macemnt .1 warning Trim
2) on placement Magellan
rape
on each side Of art he inn
pipdce(e) will not he required
for al0ity singes a di arc
drill mejusing the direct Input
drillmycking and Pip_
d, Croaingv By Mound cite ms, or
Cbndatb. Medic plat cloning
so.milan h aeri(s) may mgails
phrectim m pcnaaa a cathodic
prmeftem, with Muggiest.
if
catoesena with Mmelbn's
cathartic dfatensysmm is
detemea and re amtion is
meesory, Owner
agrees r
cooperate with Magelim dad to
make necessary adjustments in
Dher coninterfering cone, pipe or
other remdiocn to amcLI... such
imerfemna prab)em in mae dal mho
Mapethn otion l pP.Ped,l
,Comb Risquigproperty.
e. Crossing Regairemma.
Electrical, o tier apt,, local service
comma u tiles llala,IOng Utility certkr cross Mints uhiliry cables
with. (.h Magellanboulayof
with a mfnkaamm. All nch@sain
veeimf rarmand with rata limn
must Mrnfail whhafin.
Saab for , The, width ofthe
M gmem Mass if mquean by
Magellan. Rs. line.¢ harm an
exposed m the joined! whit, a lest
paint from the gmuM wire shall be
installed byline me iregan s Fair .
L lues Going toi Reonea Ma F.
Linea tOver a Magadan
Pber fiti In the awns the olxtrkah
fiber optic. ion, xrvke
e mmuadefilun,long utility cant. kkph as , and utuiili elks
cable cansn over a Male
pipeline, syouth line shall be ..ad
In red cannmeatrom the faF
TJdih oJMageffaa'sfs,is Shows!
l
Travel, Ma mdse. a Vml onto is bePonied
by Written n, th ml forth below,
g. Wdrsm Amnerif.
Variance. Owner Mgt m b heave wriuen
o co fmm Met
a fire my,
yItrum. fmm a anninl
attenuation my il umrns aed above
an., fr ny s mbwc fmm
the
rcyuireemm for
Page 8 of 17
General Encroachment Requirements — (L.P.— 1/1/07)
.he rinl it,.s in red...[a
h. fal ly Pole end Guy A.M.
utility pass and guy anchors
shall not be placed on M.,thefs
Fasement Trac( without a Wharf
rvgru:mene. With a written
afters en , W Ie5 and hM110r8
may be logged no alarm thin 20
her to my Magellan pipeline.
Pnkc shall ml be allowed to ma
parallel to a Magellan inflation
within the Meacham Ife.mem
Trace.
L Merchant] Drift, / Boring,
1) Prior to wmramcing nay
horiienlal cireclbnnt drilling,
OwarsM1alisubmitplma
showing pmcedm and
Malarial descriptions for
Mmellmn's ap,,a.]. The
,be. and deso-ynion shall
iwludq but rat he limited to
the following:
• Pmfk and plan allowing
bcadmolemryandcxil
Peters
Work spaces oqui,ed to
perform the work
• Mud eonlmatunl and
disperalshes
2) Owns-sha0 posllively beat
and srske the location of
Mcut our exktmg pipel'ums
n M trans mtdnrgmuod
any
nations, ies to ng l wishing
Bray f0N1i11be ocaugg within
fah, Ph., des..i.iletl L of
path, is isp w cons. Owns,
.riling ap.akiM, Owner
.tell modify drilling anthers
forms due. aavembiks to
prewnl damni& r
.ad OIbn'sexbleg pwner c,
antl oN. facilities Owner
nos
shall be. as mccoh ed losses
andagoras Migails. by
infele all MaauseA
pipelines mW other facilities
resulting from drilling or
boring eses. Own
:{) phand imn,Dwn.shelf
provide and nano do
indmomiBlinn to re the a and [be d Inca. the antra
hole ad the tlrlll bit, to
mcasum dawslriad axial and
mmmire loads and r
contaminates, and fluid
At Margeme ra pressure.
At Magellan's Provide Owner
shat on. with reaMuu PI
aseeng to nfor ree it
..BSS m information and
lostru ge ps, area by thee¢
ofany values l do ¢ing rapes
ofanyol. daLUnlmla[IOn.
4) PWd ROk.
The pilot hole shall he
milled along the paid
shown In the
pmfk drawings. gs. slid
pilot
Islas mall be made that
will result in Cali of the
laughed Utility n of
I.andat in a vleidow of
J. slim mgobmaganorof
Magellan's requirements
dea.ced hafetn.
However, salary for my
a.I. uI,icramelees
operurn it crammer
operation Thechati a
IhaliwW 0l'eepNalon
Maindoor l e het as
Main Jun me hell
Owner from amen Or (a,
far age to "j ten or for
damage l0 ad)ncctu
If miigh sad (the at
ffl0l.ad in 0e be
specified in the pan and
predle drawings, the piles
hole shml haw the
Page 9 of 17
feet
• Alignment of M -20 fee, as
long as it dealt ..111. m
within 10 feel of Magellan's
pipeline
• Inilbl Penctsl choofarmed
Surface at asset ImLalbn Shown
in me pbn and profile
drawings
• First penetration of the
ground,url'ace within +f -10
feet Of the alignment aM
within +30 feet and -0 feel of
The length shown in the plan
and profile drawings
• Curves shall he drgld at a
radios equal to or gremef than
that specified in the plan and
profile anneal The drilled
.din will be calculatd over
any 3loinm (range 2type drill
pipe) aegmcnc Carl the
fied.wing formula:
Sudden! . (W lkNAOVg) a
!gave
Where: Itil heel =dMkd radius
0.willed
Untied = length drilled: no
less Than 75 feel and no greater
than RIO feet
Meg= local change in angle
.."ruled
• Aithewmplelionof@ePibl-
hole drilling, Owne, mail pmvi.e
to Magelml a tabulation of
lardst nrsl anal wnkal ... adimmns...
macerated to the drilled entry
palm, which accumely, descnhe
the Ir ciumn of Ito pilot lot:,
5) Drilling Fluids.
-The composition of drilling fluids
Proposed for axe shall comply with
all applicable laws and regulelbns.
• Owner s responsible for
obtaining. Manuel and scoring
my water restated for drling
fluids.
•Disposal ofil l (lids and
drill cuttings shut be Owner's
reapomihility and shall be
aadumd in..Pit,.. with
applicable laws and regulations.
Drillbg Ntitl shall nos he disputed
of by placing fluids an or under
the mrfaa of Magellan'S
Easement TOCI
• Ownershtil(mple, has, efforts
in national fuRemulm cvculaunn
of Jdl'ng fluids,➢Ming fluid
se ms, a reatiaM other then
entry and exit pncU shill Po
minimivdl if annabr cbrstlame
be loll, Owner mail eke slops to
lesmre cboulodcn If hadwar ent
swill Cato,. of driling fluid,
occur, they shall M hnmdlomly
ronlmoul with hand -plied
barest. (eg, bay hates scud bags.
Wt encre. Cue) and cngraed
using pumps as prigua 1. If be
.Mo.[ of ... face rewm is en
farted enough m ailew ponlical
eou.tlon, the hinted ems will be
domed with fresh are ma the
maid will be allowoul to dry aw
cisulate.(mlly. if
Pane 10 of 17
EXHIBIT `B" TO ENCROACHMENT AGREEMENT, 3 of 4
No amounl of wlface return eacceds that minimum compacted cpveroro..he carrier pipe, as • Owner shat] plea Smirch wide plastic degree.
which can he contained with hand- placed measured from me have ofthe rail to the top of the warning laps. MCMtam -Carr No. 8288TI2 or 2) Vertical Sepmtl(on Requbemenmfor
barriers, small collation sumps(Was than 5 pipe, as follows (see Figm es f anal 3): equal, mereaehpipcMefonhewielhufthe Wefimay Crossing. Pipelines 1p be Crowed
cubic yards) may to used maoss parings or temporary mad orequipalem crallm, plus an must hove a minimum w0hall uprrmile of
other multilane prohibit [be use oteollectiun
.mmps. if the unoum Ofsurua ceturn
..,]a that which an be cmmined and
Outlasted using bamers or small sumps, or if
the mount of drilling fluids Occurs in be body
of wines propr, dr0ting aprmbm will be
suspeudeJ un0t surface room volumes an be
mntmnm.
6) AsEdlll Drawing Owner shall provMe to
Magellan an sa -built plan and profile showing
Of the drilled crooning showing the locmbn of
Locatlnn of
Minimum
CmnnacfedCver
Over y'pum
Nature
the waterway so thus pmusean pmt nfa
Plnel{ne
Under cwrc
Magellan pipeline, rellity orappunmmem
proper (Below
6.0 fee
of our,
inn)
Roadways and dnece.ya, shall W Imitators with
Underall
Under all mMr
1) Adding WOlght to Pipe0ne for Negative
flee
310 fat
right of way
right conyorfmm
L Heavy Fquipermat- OeRnilMnaad
it
the holmm nfditches
Magellan adding su iciem weight or
additional W fern total each omffide edge of ouch
it. (5) fat as nrcuw ad bourne bosom of
hand on mfarrnahon provWed by Owner to
temporary two or equipment create,
the waterway so thus pmusean pmt nfa
Magellan's pipeline,
It. Owner Required b protect Magellan
Magellan pipeline, rellity orappunmmem
sulba props
P1,11 es. Magellan may reqube Owner in put in
(Rebawnmfaapf
Roadways and dnece.ya, shall W Imitators with
puce additional cover smear stabll¢atinn
1) Adding WOlght to Pipe0ne for Negative
s T th
(timbers, sal plate. crushed mck, concrete shill,
Ruaymey. Owar than beer the coal of
L Heavy Fquipermat- OeRnilMnaad
el¢)m my aplrawl equipment crowing in order
Magellan adding su iciem weight or
Coastal,. NUrosdway.ddvoway,milumdm
1U protect Magellan pipelines, inking iota.moan[
mechanical devices many Magellan pipeline
Magellan must crime. any tantrum
possible eRmas of watber, pipeline depth, and
uusw•d by a wmemay in Orden to Cream
surface m the top oohs pipe, as ratio. se
type of vehicles proposed 0 cross the pipelines
negative buoyancy helmets pipeline,
Magellan will awlyae each proposed coo sing
Figuas 2 and 4):
9-1k000 pears. Heavy eptipmeat shall W
the new dossing as wall as the location of
Mimmum
hand on mfarrnahon provWed by Owner to
S. AWA ig,
wd0en appovnl.
Magellan's pipeline,
g. Roadw¢yuMUdmoo,rCmnsings.
determine onyadditional depth of potation that
sulba props
4.0 fact
(Rebawnmfaapf
Roadways and dnece.ya, shall W Imitators with
may be rrgm col for ask Oihelia operation.
a Magellan Written Approval
s T th
S. Road Od Radicand ad Eauiverent
a minimum compacted wvu over the eamim
L Heavy Fquipermat- OeRnilMnaad
Requiretl— Plan TO WSubmined.
moral, Rmle, and heal governing
Coastal,. NUrosdway.ddvoway,milumdm
pipe ,c'mcsaumlfrom@empofthessdway
Requlremenu. HC¢vy eyuipmeM SbAll be delved
Magellan must crime. any tantrum
to tupment <roexingx ofany type shod be ellowel
surface m the top oohs pipe, as ratio. se
es whlcles having is . wnighr in sari of
Massing operations that could anal its
mbew,uumed nothalueany Megallon
Figuas 2 and 4):
9-1k000 pears. Heavy eptipmeat shall W
pipeErasmfacilities. Should blastingW
pipeline within the boundaries of Magellan's
All parking bs and oder pavement installed on F
proMhiled from woriAng d needy on top of the
rle.aswyry a comprehensive pan must he
a. Pipepnelntegrylnspstion. Apipclinc
Integrity review shall he ptrfoamell by Magellan
at desarlmd in pavihim "N' comet "C
fur nachmem Flann" e" (above).
b. Lend Waring mod Stye® Limit
It qulramenW, Prior to my road, driveway, rail
hW or equipment cawing mnsmntion.
Magellan's engineer mall determine whether the
proposed wmpacmd cover meGS Wed -peering
regmbemenls and provides adequate pmsanion to
limit uresv an Magellan's pipeline or other
fxalitia and must advac Owar of an
Location of Nation
Mimmum
mmecM o ve
Over Tonto
wd0en appovnl.
?(,,line
Under roadway
b. Safety Considerations— Damage
sulba props
4.0 fact
(Rebawnmfaapf
pmourvetion m Magellan wines. all
s T th
oeiRhr in excess of 80000 pounds In Order he b
wrfaR within its
3s, fat
tight of way, or farm
moral, Rmle, and heal governing
the hn0om Oldish 's
neutrino. n
soave pipeline. For whmla having a gone, s
submitted m hdagmlan for tview and
waighrof80000 pounds Or late. the pipeline count w
wd0en appovnl.
Mtc a minimum of4 fee oI.., Magellan b
b. Safety Considerations— Damage
most malyle the additional longitudinal slmq P
Prevention Plan. For xalery and
due to ealceral loads if I. vehicles tore.g. p
pmourvetion m Magellan wines. all
oeiRhr in excess of 80000 pounds In Order he b
bust, shall a, an accordance wild
determine reliance! pipeline depth for safe m
moral, Rmle, and heal governing
neutrino. n
ngcncie am the Magellan's "Domain,
Prevention Plan for Waning Neer
6.?sstldne foe. and Other Pavement, C
Company I smlraa'. A Copy areas plan
will be made available upon such".
a. Parking l.ut and Pavement Requirements.
All parking bs and oder pavement installed on F
F, EXCAVAnONNRARMAOF.IIAN
y age a s a me s a cons U a PR'EL FS.
additional rcgmimntens nevarary to provide flexible su.WCe each as asphalt No reinforced
It. Crossing id. For omfl or"OhWghly Pawl c. No a essing oa. wncmle win he allowed. 1. STATE ^(aNE.rALi!' REOI REED. L
Volatile Liquitlt Poe Megonan pipelines
an NO.Or nor Over Plpeline Eemosel.t b. depth 011.Oep@OlpolimsrOng LOL The assambart
Erscor, ACdvilY listed in "Althat t be
routine, mil t<e;saofl n¢ibe Glowedmcross transporting For.gmsein vnl0dailiquids
age S,minimum domh atOrcorem'a pipelinesaddernparking Inc rfrmed by Owner
at the%ricabove be
cover far u crosning M a drainage ditch mVV ss 3.0
a pipelinemAudi. aofin0. repumento msrsdenmpaeledmver Mat almetl by Owns mthemMagll
d. Mddmam An It of C.I.C. n , Magellan 1. VI p y g Magdlan'x
C C Bs L WM1en Adtlitionnl Depth Negafrotl. Depth agoiromemslasmJ in the Iovbus "ROddwa. Ma elutisfaci0ticorwilhin
shooldbeaa claxiil. but a(cow Magellan Driveway. Kennels. and Equipment Crossings' Somewhat rose, mail proper retphmm
ba resulted the minimne depths slalom above may
digrees(a)09 pO6xible, but not IL's, than 3U SKlion0ma "One oil' system am ale IIIIllsappmpllflm
berc ofIntfura pipeline due to his combined "One Cml "system anda Magellan
stress of insnsl pipeline erasure and exlemdl
e. eased roads ay ai d railroad Magdim pmonger l 7, tYetem'av Crosines. rcprctmlaliee is ornate l0 mpnilor escarelbn
Wadingpmawm Masedn will an¢lya each
sexed nladwey and canducto pipeline of theamlaW heto"Magellan
andnelod .IflMCa;laU.seumlmmnuatin proposed crossWChaned on infmma0) deth that s,paselim Rplb Mageilanmpoline Owner conducschtroeopmadomhave "Oa Call"
and milrO4ds aims ail omnmm or rebmdo me, Ow.,
be, nnseselmina any WJitianaldeplhthnl
mq J M moposes mcrassaman, I apipaiinewpba Jews. which valre4842- hodsnvinim nun
tbe0SE of calls age, realth Win thec rlcrpipe will maylm«yoaeJnands pipeline Equipment opening. weal¢may, uch)each eeI.gon.,..I ca,l, nr priortmanycalava-Call, elestateOet
coskerese austun: odatte national binumlicr well b ysuch aul rcreCinJ must marmr Crllowin. Mainllan'. chelines moving or c.uil in Afitty will mfily ly Magellan 1. ale OneLan
Imighodslo strammotoextenallady. Anywchrnad ommuing mustmceube following minimum the bosom oft, lM agencywNn at meableadlial'k
rcyogemenss:
longhadlnmslainduetooilya.louts, ](woad . Must he bead at 4 are appfowM by a manimum farmbelowce MOOmofthe mannerly.inamamnf dwand Jimmy
or mdormiosed contain, ciig warneandno other lha pipeline formmpliana with land Were]. manner, it. location 1. of thetit,.1ms
Magellan DcIJ repmxnmtive.
adjustr4. or is being of the use mar and W.]ru slctbn RlmdaMa and kdeml .vain, pro,urad conR In the vLLdnity .1 um
adurad, tar mlocation ofthecuMr tope is •a liprovideiere and the, protestion fm andbcalmguutiuns. pmpratl encmacM1menl.
"sure, dI then Magal Ill, lecnoeto She Magellan's bythemandolheo Magella, an L. 1)Minimum spit or asst Crossings:
casein ton NueX Ui rosin (a) la determined by at t apDerels lu Magellan I Minimum g using[ 1 ONEAAL. head dju, ice ON, w The
g pipe rigs sin ) Angle or CYOSSW .G _
engmar, ono basins wmpnned corer mcels
accommodate .inet red.,, mAhe roua.,sonfllg is xhprlldIll
ompouul90ut not sin Mm,15 a.to gunurdby u'uhla tub,clawkm
loeahcaring mquercmama ante prdvgex
used. it muss naebuu ost.,and re as pipenne(x)ax pusrble.lam not less WndS is nor aarmnmd by Magellan robe mmpine
megone rman, le ro ice. .Rn:45 On the pier
Or Imek Slmddm, but mnyl aXl¢nJ eemSi the Or.suchs(felephmb ea. 11were ). 1
curia length alts: mnJway or railroad dRM1l of pipeline protler fwilalie, from such smreiweb risen 1/5/1004).
our, Owner is not uIred to acyulre and mall the
E Ruilmad Crmsing Regpirenxns. R.Uroade apprel, rlete OduGtl number(.,) for be
shall Lei punted with a Imadon of.rVI'Ry.
Page 11 of 17 Page 12 of 17 Page 13 of 17 Page 14 of 17
General Encroachment Requirements — (L.P.— 1/1/07)
General Encroachment Requirements — (L.P.— 1/1/07)
EXHIBIT `B" TO ENCROACHMENT AGREEMENT, 4 of 4
be found on such stele's °ONEGLL" website:
Arkames -w wworkonecif.cnM
- 800482-8998
Colorado- www.uncc2.urg/
800922.1987
Olinuis -w ww.iilireaulcNLCond
- 8008920123
Iowa- www.ioweoneca4eamf
- 800292 -8989
Ka. www.kanwsnnecallmiN
- '00344 -]233
Minnaaom - www.gop lerstalcmmcall.org/ -
- 800252 -1166
Mfunud www.motmll.coM
- 8(103".7483
NebraMm - www.ne- diggedr'MW
NO 331 -5666
North Oakole- www,ndunmalfmml
- 800795.0555
01klbbonm wwwealiokmeumf
900522.6543
Smyth Dennis woo, adontxan camindex
up
900781.7474
Token www¢ausnrc allcaM
9002454545
Wb.omin wwwdiggerahu @nex.mv
800242$511
Abernofivil , the National One -Call number (896)
2580866 - may be used 1e register a pwpeacd
exmaintop and to subn gnenlly no0fy underground
WOlty operators w111% assets in the Ac/ntty.
3, Exeaw b n Plan Anamral. 0awa shall submit to
Magellan for its a"ro"I plans Our any proposed
excavation on the Magellan Event l'1m1. No
..,anion on Magellan's flea+menl Traci shall he
m
comeoomd until Owner has secured Mngdlnn's Millen
approvalce meplans. Ifs;blewwtiunwork shall s. in
compliancewithn0epplicdole lawsand roulaliona.
Ownera ices(retiod10 the Common Ground AUianru
Dear Practices (red neeJ in this Jaumeno,
4. Maeellon Rearesunmfive On -Sit. for Excavation
A MA01 n repreunmdve must be oo-eim when an
eacawtlon in accuMng on Magellan's Easement Tenet
Gee lrwvision "2 "made, "A. Gas,.' beginning arc
,,, 1).
5. Removal MSidnCmdno Tooth from Eoulomene
Side - cubing math shall be removad from bucked, of
excionum".i'veomm
6. Parallel Excavating Remained When, is preparation
for cresting any Magellan pipeline wkh any Omer
lipeline u1 with eleduac line, mmmmucauen line,
Midway or any other sauna. or facility, Owner needs
to lame a Magellan pipeline by use of nrcn ameal
means. Owner must perform such Invading activity by
xmvatfng pmallel to the MageOan pipdme with such
mechanical manna, but
the Magellan pipeline Gee hem prnvialnn7.
7. Pa aarhm, Plovlloe by Hand Euawling within 2 fan of any Magellan
pipeline shell he done by hand -so iM, until the pipeline is unheated and ba
location Is accurately known. Then. Owen must ps two IM excavation
equipment so than from thin point or operman One, equipment will not reach
Within 2 feel of any Magellan pipeline.
RAILROAD AND HIGHWAY CROSSINGS
Minimum depth M nhnum tlepm
be mw ground ((!! below bottom 0l rail
MlnI MeldeplM1 flelNpAd -r C
r0 mhre9a ditch
aenow didcn +
.
vent
� End seal ` Cmd"
Canto ph eN
CASED RAILROAD CROSSING
FIGURE 1
Minimum calm Wasoli, dreh
beluwdkch "alway
N-- Writ
Coniston.
t,- coalppoCapnd %Manua tlepm bebw
surface of p noorent
CARD HGHWAYCRDSSNG
RGURE2
Page 16 of 17
General Encroachment Requirements — (L.P.— 1/1/07)
/e
r MlMmum depth
PolEOed
belowboeom of ml
Mtram. tlepm
. "... atll
below h
9rdaucumde 01 Rwmpthb anl
- - -- a
�Orceua
Minimum depth bebwground
camerpipe
UJCASED R4IlFOAD CR[y89NG
FIGUFE3
d i Hphway-
Mnlmum depth
DaNaRii akh
bebwdi I
/
tbcasud Comer Rpa:;-
Midneamw
9rdaucumde 01 Rwmpthb anl
UNCASED HIGHWAY CROSSING
FIGUFE4
Page 17 of 17
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