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E-3b. Bandimere Park Expansion Project Encroachment AgreementCITY OF 7700 Market Boulevard PC Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.2271110 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 3b MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Todd Hoffman, Park and Recreation Director DATE: August 25, 2014 tl SUBJ: Bandimere Park Expansion Project PK &T— 114: Approve Encroachment Agreement With Magellan Pipeline For Work In Pipeline Easement PROPOSED MOTION "The City Council approves an encroachment agreement with Magellan Pipeline for work in the pipeline easement for the Bandimere Park Expansion Project. City Council approval requires a simple majority vote of those present. BACKGOUND The City Council approved a purchase agreement acquiring two properties totaling 4.5 acres to expand Bandimere Community Park in May of 2012. The east lot has a Magellan Pipeline traveling through it. Recreation Center DISCUSSION 2310 Coulter Boulevard The Magellan Pipeline crosses north/south through the 9151 Great Plains Boulevard Phone: 952.2271400 property. The plans for the Bandimere Park expansion calls for grading and filling over Fax: 952.227.1404 the top of the Magellan Pipeline and within the pipeline easement. In order for this work to take place, an encroachment agreement between the City and Magellan Pipeline needs Planning & Natural Resources Pp agreement to be approved. This a eement outlines the requirements for the contractor to work in Phone: 952.227.1130 the pipeline easement. It also specifies the necessary insurance coverage of the Fax: 952.227.1110 contractor. The work within the easement will be coordinated with the Magellan Pipeline construction inspector. Public Works 7901 Park Place The City attorney has reviewed the agreement. Phone: 952.227.1300 Fax: 952.227.1310 SCHEDULE Senior Center Demo House /Complete Grading Operation September /October 2014 Phone: 952227.1125 Restoration/Final Completion November 15, 2014 Fax: 952.227.1110 ATTACHMENT Web Site 1. Encroachment Agreement www.c i. chanhassen. mn. us g: 1pazx�u��ba�t�yl�s, t,# a�trmprNrftq !{at!ita���ridfn�4ai�Fo!>'nd Planning for Tomorrow (Drafted by & when filed return to: Magellan Pipeline Company, L.P., P. O. Box 22186, MD OTC -9 (S. Guthrie), Tulsa, Oklahoma 74121 -2186, 9181574- 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 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 the Bandimere Park expansion, to include road (driveway) removal, culvert removal and grading 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 West Half of the Southwest Quarter (W' /2SWt /4) of Section 24 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: Encroachment Agreement EA -P Xing — 4-4 -14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13 -633 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 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 3) Right of Way Agreement as to a pipe line or pipe lines dated July 28, 1954 from Catherine Klein, a widow, 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 452; and 4) Partial Release of Right of Way dated March 6, 1985 and recorded as Document No. 40390, Microfilm Roll 4, Microfilm Page 64 -66, Office of County Recorder, County of Carver, MN, from Williams Pipe Line Company to Stanley E. Klein and Joyce E. Klein, 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 ": Encroachment Agreement EA -F Xing — 4-4 -14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13.633 1) City of Chanhassen, MN, Park and Recreation Department, Bandimere Park Expansion, Park Grading Plan, Grading Plan & Erosion Control Plan, Exhibit "C" Sheets 1, 2, & 3; 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: (a) Removal of Road and Culvert. The project proposes to remove an existing road and culvert within the Magellan Easement and crossing the Magellan Facilities. City is required to adhere to Exhibit `B" - General Encroachment Requirements in section D.5.g which requires the minimum requirement of 4 feet of compacted cover between the surface and the top of the Magellan Facilities. Exhibit `B" 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 A Magellan Representative must be on site while work is being performed within the Magellan Easement. Exhibit "C" Sheets 1, 2, 3); (b) Adding Fill over the Magellan Facilities. The project proposes to add fill over the pipeline to prevent swamp -like conditions. The maximum cover over Magellan Facilities is 8 feet. The proposed plan creates 7 feet of total cover which is acceptable. The appropriate erosion control plan Exhibit "C" Sheet 3 must be in place over Magellan Facilities to provide protection from exposure; (c) Note provisions 11 and 12 herein below for Heavy Equipment Crossings and Maximum Unsupported Span Length (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 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 Encroachment Agreement EA -F Xing — 4-4 -14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13 -633 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, Howard White, Coordinator of Operations & Maintenance, 2728 Patton Road, St Paul, MN 55113; Office:(651) 6354279, 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 backfrlling 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. n Encroachment Agreement EA -F Xing — 4-4 -14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13 -633 (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 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. 5 Encroachment Agreement HA -P Xing — 4 -4 -14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13 -633 7. Indemnification. City will indemnify, save, and hold harmless Magellan, its affiliated companies, directors, officers, partners, employees, agents and contractors from any and all environmental and non - environmental liabilities, losses, costs, damages, expenses, fees (including reasonable attorneys' fees), fines, penalties, claims, demands, causes of action, proceedings (including administrative proceedings), judgments, decrees and orders resulting from 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 0 Encroachment Agreement EA -F Xing — 4 -4 -14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13 -633 contractors from and against any and all liabilities, and damages or losses which may arise as a result of the damage to or loss of use of the Approved Encroachments and Other Encroachments, if any, caused by Magellan, its employees, agents and contractors. 9. Magellan Rights. Magellan and City agree that the existence of the Approved Encroachments or this Agreement does not constitute a waiver of Magellan's rights under the Easement. Magellan hereby reserves and City hereby grants and confirms all of Magellan's rights, title and estate as set forth in the Easement. 10. 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 Eguiument 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 Unsupported 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. Encroachment Agreement EA -F Xing — 4 -4-14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13 -633 Based on the pipeline specifications and maximum operating pressure for the Magellan Facilities, the safe maximum unsupported span length is 65 feet. 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 By: Name: _ Title: Mayor Date: 2014 Encroachment Agreement EA -P Xing — 4-4 -14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13 -633 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 liability company as the free and voluntary act and deed, for the uses, purposes and consideration therein set forth. Witness my hand and official seal. My commission expires: STATE OF MINNEOSTA R &y COUNTY OF CARVER Notary Public Before me, the undersigned, a Notary Public in and for the County aforesaid, on this day of , 2014, personally appeared to me known personally to be the Mayor of the City of Chanhassen, MN, a Minnesota municipal corporation, who being duly swom did acknowledge to me that he executed the foregoing instrument on behalf of said City of Chanhassen as the free and voluntary act and deed of said City, for the uses, purposes and consideration therein set forth. Witness my hand and official seal. Notary Public My Commission Expires: Encroachment Agreement EA -F Xing — 4 -4 -14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13 -633 EXHIBIT "A" SUBJECT LAND THE WEST HALF OF THE SOUTHWEST QUARTER (WthSW' /4) OF SECTION 24 OF TOWNSHIP 116 NORTH, RANGE 23 WEST, CARVER COUNTY, MINNESOTA 10 Encroachment Agreement EA -F Xing — 4-4 -14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13 -633 EXHIBIT °B" GENERAL ENCROACHMENT REQUIREMENTS 11 Encroachment Agreement EA -F Xing— 4-4-14 — Tracts 7339 & 7340, Carver County, MN - Agent HCP - Project 13-633 EXHIBIT "B» TO ENCROACHMENT AGREEMENT, 1 of 4 MAGELLAN PIPELINE Megelleds EaearroxTran. For L MAGECIAN RIGHT OF WAV loBnwing: msulriagcovm(veoicalbames PRACTICE. COMPANY, L.P. other activities of the Owner on be - Location and depth of a0 Magellan from be surface of the lard to be top Magellan Easement Tana be pipelines and facilities of Magellan's pi,afida) is not gbrab, Magadan fold representative shall 1. Permnaf Fifteen, and Figures - The width of Magellan's Evsemem than eight feet (g'). General Encroachment determine whether Magellan's To Be Near Offer shall Man`s Tract Requirements codt'ouous preserve or panume Easement Tract In order b keep - AS[andardwdmin,whandnt g. Eraalan Control Materials. monitoringiveneroschment Magellan lights of way clear for masvicamely displayed containing Cmsimicmnal bmebbe may be A. GENE k6l, - These requirements acuvi[ies will be required and shall mmosiany maintenanre. inspection the following language: showed on Magellan's Eawmem dada the minsurro mndards of inform the Owner. A Magellan antl emergency access. personal Tract for temporary periods of pramim far wriamehmems by a representative will be made available property and furores shall not be WARNING com[racdon end rearredon. ).ad, ,(including any developer, upon All hours notice(emchuave of phase. stored Or maintained 0n 91611- PRESSURE PIPELINE(S) buaness -city. utility company or weekends and holidays) to determine Magellan's Easement Tract. Pam0al Recreation a dAr Conservation 9. Proof or'15Be W Pmcerh. iodividoal working far. a,.. behalf the location and approximate depth property and fixtures include, but ere Prohibited Without compliance with Magellan may ratimm Ow or to of, m with permission of landowner) of any Magellan pipelines. NO not handed lo, smarts, sheds, Stab One -Call AND Without Witrom provide p ... fofcummt ownership of (herein referred to colItnively as maerva[ion shallhe cammencel automobiles, trailers, mobile homes, Pemtissma From MAGEU.iN the land where the proposed 'Owner') to pipeline monitors and without prior writes approval from above - ground swimming ports, PIPELINE MAORANY, LP. ewmachdmr is to be labeled. Sach rightsafway (' Magelan's Magellan and verification by business equipment, pro0at proof may be in the farm are Title primmest Tres.', owned ar operated Magellan of the location and inventory, scrap meld, boulders. O. WdBen Encroachment Commitment, This policy, or a copy by Magellan Pipeline Company, L,P, approximate depth of its Firestone, large rocks, debris, junk and piles of Agreement Reaulred. A waited, of a recorded Warranty Deed. ( "Milgrim'). Upon writes Rqucm mmaian. Mllyexecutedli .OnSobegan by Owrnrm Magetvn,awpy of 3. Magellan's FacN &s. Agreement most be of place between 10. Siddivsion net Magellan these miamum requirements shall W Magellan's facilities include. but am 2. Encerachronls Sublest m Hefne Magellan and Owrer before Owner requires a copy of the Subdivision Claimed from Magellossis, aaemmt provided to any developer. business net limited b, Eaemem, rights of ..a.. work on any Plat dapptcable, if the plat has been x-rigoijubjucl took termx of its entity, utility company or Individual way, pipelines, meter and valve tiles, enaoachmen, recorded, Maybin captions a copy waking on babalforowner or with aboveground piping msi folds and 2asemem(iwlvding right army indicating the book and beat, of be permission drowse, within cathodic prostration systems. agreements] and other written S. Cam- , Unless otherwise agrad m the recording. Magellan'a E eared Tract. Specific agreement), Magellan may keep writing, almst to Magellan that c'umantmces mayao hire additional A. Laud Use Chance. Notification. Magelmes Eeament Tract clear of msaa from any encroachment should 11. ramdon and AS0entist The landowner and tenant Iran,, Depth of Pihelimes. A Magellan pm:aolions or more stringent items that may hinder lheexemiseof be paid by Owner. Suchoostshad methods In order to norcel the must notify Magellan at any and Magelan's rights m mrmruch IocNtic, but rot he limited to: repreadadive is normally available integrity of Magellan's pipelnes and every time when [be land ass will he cosmic, fnsport, maintain, re mbrarA roedukadion, romea dsom lowering with AS hours notice (exclusive of lsatism Marcos ca Bummer Tract changed for find on m sdjamenno access lea pipelines and other and prmecdon of Firms". Including wcekeadsaMhotdays) bde[ermine for purposes or thess Genemi Magellan's ES.emem Tmm. buddies. Clearing of the Magellan's engineering evaluating and design, the locomen. and approdrdm, depth Encrosearmnt lumbement shall be Examples crouch land use changes EaumentT..t Shall enchide, but not field labor and real estate research of the pipelin(s). Ntracning nine[ considered to la srry tea within fifty met be limited to the following: removal and document preparation and depths or pipelines may refits, par. (50) fa[ ofary Magadan pipeline or ' Change from pmtum to carnation oftress, brash, manm ether handling boning or hand - digger, by. and at other MSgcUrm owned or operated • Change in depth of t(Iling(e.g, vegetation and no.- permitted expense of Owner in the presence of facility unless a diflerert Fight of way old wing deeper or deep - breaking the encroachments bceted oa m 6. PJcetne rmeedity lnsomdon an amhodead Magellan Pear to the immll.bor filmy width is specified by arc mm ore land) ovefimrging all or part of., representative. NO escava[lon on ramoded fight of Way of manmenl • Change N that lCnaCP3 wW be wt MWIISa'S Easement Tract. T. Or structure, parking wt. roadway, or MageltKS Ememmf Tram Shan lake d0cuaent(honam. wllec[ivedy tail dare -Set other vegemban overhanging other facility which might interfere place without approved by Magcllm. "Easement", whetMrore or more), . Change from agricuhoml use to Magellan's Easement Tract may be with or binder Magellan's Inspection in which case such specified width residential commercial or induafinl ode- hummed. ofany pipeline or facil'ay. Magellan 12. Vertical Semaratin Between Magellan Poultme or Facility and shall&Fia Magellan's garment "se' will perform an integrity review of it Tract. - Change from residential to C. ENCROACHMENT PLANNING pipeline and my other assets which an Encrombee 0111a10r commerc is[ or from mmmerofad to mayhe afechd by the Imposed stDtct. Vertical sepnoman1, I. Enemmhmnl DeRalim. M industrial. 1. Plan Review R ... head by S[NCtrm, parking lot. roadway or defined in this document as the "encroachment " is my use Of [be 5.Gvemunit Raulatiooand M.Ma . For any O"imchomi, other encroaching facility in order to vertical distance between tit IanA within Magellan's Eurobond Magadan must be provked project data that Magellan's asset amounted part Ora Magellan thisho v Guidet.ea Owner mum Tract which could imerlhre with plans to review, end approve. odor to comply with integrity regdifPNant piNMe. facility re eropmenma(far Magellan's Eminent rights or which comply with oil applicable laws and the m,nes hereareccuning, for and in add. Magellan to make any example, [be ou .:,a of [he pipe [for bandit rsmmfety concerns for ragamions. mw on as Magellan's purpcse5 ofdars'. pmmndon. needed changes psur to cumbeieo. unamed pipet or the outside of the Magellan pipefinea and/or facilities potiaesasexpresmed herein. Owner ofanycrcroechmcnts pipecasin, functional pipe]) and the located on Magellan's Easement is also hereby rofrmtl to the 2. xt R rmi »- adr�y -�v Candidate �g late P6n.. ou[ermoal pen of the emouifor, Tram. Encroachment include, not Gbrmnon Ground Alliance Best Owner must subml[ complete Idiom 7. SWI On Magellan's Easement Object. (for example, the outside of ere no[ trotted to: sonal.as, forma. practices Which can be found on the W Magelan for revew. barometric Treat Remnvine, said Addiae, No the ercroaching piphre or the personal property, landscaping, wrbahm: plans could delay Magellan's sou shall he removed from or added outideofitmndui0. Foreign utilities, foreign pipelinm, WWw,commongroandallianm.wm engineering impa[mudy and to Magellan's Eminent That roadways, railroads, mangy (Ser'Progmm Information "/ "Best insuffokn[information could result with..[ written Submission from 13. Carw[rmcdan Ron[ . now .I crossings, wrier impouMment, prociiese) and which is available Or licensed wars plans mull Magellan, My Son added most be InPonandon. Owner Shall provide to welds, heavy equipment and heavy from Common Groartl Milan. in include ckor(with., mmamicents, trash or Magellan beformadion as to the type, foods oa Magellan's Easement Tract, booklet form for eery refnums. Beat - Aplanviewofthepmjec[wish[be debris) fill dot ant mm[ he theitedin sire, and weighof ... Mason. and elm any abevetion. djgging, Pmerms addresses the "A wmmon pipenne(s) location ineWded. amount So met Ihe equipment that will be used over or drifting, barrel of and soon Jan. issues for damage promotion for an - M tlustmdon in profile of the in [be virtually of bm pipaive(s). removal or disturbance of soli or encroaching party, including, amps, existing Surface elevations. the subsoil within Magellan's Easement others: Planning and Dredge; Orr` proposed surface ehyame, and the D. ENCROACHMENT DESIGN Treat Cat Center, Loosing and Marking; eleva[im of be Magellan pipefine(a). RFANREMENTS& Exavaion; and Mapping. - A wmprehensivemnity /armature STANDARDS 2. Mamlian Reoresenative pct theevea ofa called wt.. /grading plan depicting the Reouired O.,Su,. Magellan haws ant regulation. Magellan's relationship on the pipeMe(s). 1. Risk of Las and Database. pipeline systems opemle al high policies and the Common Ground - A proper legal description of the Oce"lall mar the risk of bas, pressure& and for safety mawm, Allmnw Hal Prectices, the roPowmg projectdocatim. damage Sharon, dominated many Magellan requires it company priodty shalt govern encroachment - Complete landscaping piano, swmue. fence, landscaping Or represemmives b W on -sile while or Mugetan's Easement Trace ]at - Complete plans Far backfslling and improvement placed within @e Owner m ommeadng or performing laws amt regaadoa; 2nd -- c.mpacdoa of bsckfill mmerial, boundana of Magellan's Easemest other activities which could endanger Magellan policies: and 3eA -- 3. Pjers Must Show Magelon's Tract and shat hold Magellan the Magellan pipelines or Other Common Ground Alliance Bert harmless Eesemmf Teset PIceM -s and facilities on Pmcient Fpolfdee, At wnstucreon plans (pelnt) Srow, And, where all or any part ofMagellmi s Easement Tract, any Magellan pdpeline m facility is leaned most ma[ad [be Page 1 of 17 Page 2 of 17 Page 3 of 17 Page 4 of 17 Page 5 of 17 General Encroachment Requirements — (L.P.— 1/1/07) RXHTRTT "B" Tn F,NCRnACNMFNT ArRT4.FMFNT ') -f- swclures and for mycon sep.hatul damages which may arise met of Magellan or its designees exercking Magellan . Easement rights or which May .1. out orsxening Magellan's Basement Tmm, pipelines orfaeilities. 2. B.IWimen, Structures aad Va.. a. BYlldinga and Structures. No buildings, ruses barns, mmm, patios, playhouses, shade, septic systems or drain fields, swimming Pools (show,ground nreaba- ground), namorced concrete slabs or Other similar emmumms will be permitted oa the Magellan's Easement Tract. N goods System not permuted. No septic- system, including any laeral tines wul he permitted on Magellan's Easement Tract c Residual, Wells. Retaining walk are not permhted on Magellan's Easement Tract. d. Fences. No Noce shall he constructed or arammaud an Magellan's Easement Tract without a written agreement e. Requirements for Eaters. if fencing .. Magellan's Eammem Tract In authorized by a written agreement with Magellan, the fencing most comply with the following: 1) Not Parallel to Pipeline. No fence shall he allowed to be constructed parallel closer then 10 feet to any Magellan pipeline, with. the boundmies of Magellan's Easement T.4 2) Fence Pats Lucatiora No fence Posts will be allowed to be within five (5) had ofany Magellan pipeline or facility. 3) Genes Required. Magellan may require any lease constructed within the boundari. of Magellan's Easement Tract to have gales of such size and smub0ity as in recess ay or convenient for Magellan to access its pipeline mayor facilities for he operations, including impeetbna at each point where the lance so. a Magellan pipeline or facility bound., Magots shall he arwed to pal a Mainline lock on such gates, which will arw a. 1. Magellan's Basement Tract motor facilities through such gums. 4) Angle of b'eaee Cresol It is pmR.d that farm crossings be as close to 90 degrees as possible. 3. Lnndeanine. Elevation ('hannea and Wamr. a Latdxeping Deflation, Landscaping shall include, but rot bellmied m, tree, shrubs, underground torpedo. or sprinkler systems, sidewalks ... ther Pat" retabni.g walk tetras. orotler land grade changes, whhin Page 6 of 17 h. General Landsaping Requirements. The following am the general moss for landscaping on Magellan's Easement Toro: I )WnIWP Approval. Landscaping proposed to be done on Magellan's Foment Tram must be mpmved by Metal].. in a written mcmaehm.r agreement, Among other terms, the eas,aechmcnl agreement will releeae Magellan from any liability for damages to the landscaping from the exercise of Magellan's Easement rights. 2) Teems Not Frondfkd. Trees ere not permitted oa Magellan's Easement Tun. 3) Monte. Shrubs exceeding 3 feel a height anym oWlmcdng the view of any Moral Ian pipeline roil Sidewalks, :ms, field drain lines then are t. moss e at an angle leas ran 45 degrees and most comply with other applicable pmvlsiom orthis document. c No Water Bodies on Msgdli Easement Tract. Retention of water, including but not limited to, Livestock ponds, lakes mention ponds. or wetlands may not be constructed or formed on Magellan's Faeement Tract. d. Senate Grade nM Elevation Changes Surface owl, or elevation changes must be reviewed and approved in writing by Magellan. 4. Fareea Pinellas & Milk, Cro.lna, No foreign pipelines or ufky fires ofany type shall be allowed to be construacd parallel la any Magellan pipeline within the boundaries ofMegellan's Easement or, a Minimum Angle for FipelineNtilty Crating. Any foudgn pipeline or ulalgy the, is proposed m cross a Magellan pipeline must cross the Magellan pipeline at an angle as close to 90 degrees a possible, but in no Overt at an made less than 45 degrees, b. Vertical separation Requiremerthe for Creasing. Foreign piper e(a),aflitiot(excepthigh- .11,e Hues— ve below) or now lines should coma Magellan pipeline(s) with at kart 24 inches of venial aepustion. Special written authoriaalion most be given in the event vertical .,.firm is kit than that spxif,d in these Gemeral Encroachment Requiremeau. The preferred method par a foreign pipeline or unity to comes a Magellan pipeline is a cmu below the Magellan pipeline. e W'eMng Tape Requred. When any foreign pipeline craftily line is proposed to crow a Magellan pipeline, Owner mum place 6" wide MchtaswpCan No. 8288T I2 or equal within Magellan's Easement Tout Page 7 of 17 1) The tape must be placed directly over (parallel to) and at least 15 inches above the ford'. line far the entire distance that O ...pir. Magellan's Easement Tract, Additionally, the rope must be placed d'ueclty puns, (parallel to) and al last 15 inches above each Magellan pipeline that is croascd for a minimum dvstance which is the greaterop. (a) a minimum distance of 20 fxt on each side of the Magellan oh line, or (b) across the entire width of Magellan's Easement Trent 2) The placement of warning tape on each side nfMe,,11 n pipelme(s) will not be returned for utility cables that are Installed using the document drill erjecking method. d. Crossings By Metal Pipeuarea or Condmts. Mrtsuie pipe cresting Magellan pipeline(s) may require Magellan to perfnmt s cathode protection intamrerce, survey. if i nsulco na with Magellan's atho lk p rmcdon system is detected and remedktic n is arromerY, Owner agrees to sentiment with Magellan and w meet r,roasury adjustnwnts in 0voca s interfering ammic pipe or ather semndiation to crones., such interference problem inure that the Magellan cathodic promotion system is operating properly, m. Grassing Requirements. fxtrka), fiber optic, local servke conarmothalar, long dis[arce carrier misphoce, and utility cables should cmea Magellan pipelioe(s) with a minimum of2"emi es of VPllfedf PPdaINIOn. All each U., mat be covered with a Conners Slab for the full width of the lam went Tract. Grequesled by Magellan. If such linty have an exposed eoncentric cannot, a eat point from the ground wire shall he mobbed by the power company. I. Costal Requirerwam For Lin. Going Over a Magellan Pipeline, in the event the electrical, floor plic, kcal service communication, long dimaase canter telephone, and ufity cables able crosses mar a Magellan pipeline, each be shall be rotated to red courco it across rpefuil widlp Id hidgdlan'l Easement Tend, unless a variance k granted by Magellan, as set Pooh below. g. Wells. Authorization for Varbmce. Owar mat have wrhrn aulhorienticn from Magellan for any 'arl5ase Bom the vertical separation requirements listed above and/or for any vera. From the tequ nonent far Of 1 General Encroachment Requirements — (L.P.— 1/1/07) electrical Soon in red concrete. It. UUl ly Poky old Guy Anchors. Utility poles and guy anchors shall nor be placed oa Magotwe Gasmen( Trail without a wlillen a Onchan t. With a written agreement, poles and ..bars may be placed no never then 20 feel to any Magellan pipeline. Poles shall not be slowed to ran parallel to a Magellan pipeline within the Magellan Hasemenl Tract. 1. furecdorml DrilBngf Baring. I) 1§kr m commencing any hotuantnd directional Grilling, Owner shall submit plans showing procedure and material drood,lione far Magellan's approval. The plans and deacript.. shall Include, but not be Surged to the yellowing: • profile end plan showing location of entry and exit points • Work space required to perform the work • Mud containment ad disposal sies 2) Owner shall positively locate and slake the location of Magellan's exkdng pipelines and other underground Faplities, including exposing any fooddilien Instant whhin 10 test of the designed drilled Path. No, to ammment, Offing oprmom Owner mail modify driing procdces and dowo-lwle assemblies to Samoan damage to Magellan's rusting pipelines and other facilities. Owner shag he repondble for arses and ropers occasioned by damage all Magellan pipelines and other facilities resulting from dfrg or boring opcoadams, 3) At All lime& Owner map prevent, and maintain uswmentatlon to document and accurately locale the pilot Note and the doll bit, to measure drill -suing trial And Unformed loads, and to manure drilling fluid discharge rate and pressure, At Magellan's request. Coona shall promptly provide Magellan with reasonable access to importation and mailings provided by three insuumems Nshming copies or my written documentation, 4) Pilot Hom The pilot hole shall be drilled along the path shown in the plan and pros a drawings No pilot M1ob shall he made that wt, result N any of the encroaching udoy being installed in violation of laws and reg.ludows or of Magellan's regovenams decrumad hesem. Howes¢,. safrxy for say adjacent oolitic, aa&., omctures k of utmost Indicators. Tnemrare, thelistingof.poselmn disc. or mlersom heron Sara rot regard Game, from rcponibilily for safe operations or far damage to adjacent uuuties aad onaclures • Btokra.monot sp ,fed in the plan and feel • Alignment of a1 -20 Feel as and as it does not coat, 1. within 10 fast of Magellan's pipeline • Initial penetration aground surface at erect Iocalion shown in the plan and profile drawings • Mal penetration of the ground audace within M -10 teal OF We moment and whom -r30 fed and -0 fast of des length shown in the plan and profile drawings • Curves shall be drilled at a radius equal to or greater than Shut specified in the plan snd .profile drawings. The driled radius will he alculate l over any 3johm (range 2 type drill Anse) segment using the following formula: Rdrulel= (Ldrlkd/Aavg)x ISO& Whom: Rdrilied A sled radius aver Wriled fddflrd = length drilled; no less then 75 em and no greater than 100 feet Aan = mid change in angle over Untied • At the completion of the pilot. ham O,OUng, Owner shelf provide to Mageuan a rahelafnn of horizontal and vertical roommates. Whop zed to the drilled entry point, which accumely describe the location of the pilot bole. 5) Drilling Fluids -The composition of drHim, fluids proposed for no shall comply with all applicable laws and regulation. • Owner's ms,.ethic far obtaining, transporting and aiming any woe, required for drilling fluids. • Dispaal o£tlruing Ruide aad drf callings dell be Owner's ra stmainfty And had he conducted in compliance with applicable laws and regulation, Ehi ing fluid shall not he disposed of by placing Fluids on or under the a,f. of Magellan's Faeemem Tree. • Owner mail employ best efforts to maintain fail annular cbculation ofdruling fluids Dri ing fluid retums at location Other ban entry and exit forms shalt be minimised. If snnuW circulubn is lost, Owoor shell take slops to notion, cbeuleliar. if i eavenent surface return ofdrerg fluids occur, they shall be ion medialely contained with hand- placed Sentient (e.g., bay bales, sand bage, At fences, cam.) and collecmd using pumps as pretrial. If the amount ofsurface velum is net gral enough to allow prxtksl collector, the oriented area wall be diluted with fresh water mad the fluid will be allowed to dry and dissipate naturauy, it Page 10 of 17 EXHIBIT "B" TO ENCROACHMENT AGREEMENT, 3 of 4 the amount of surface return exceeds that mimmum competed corer over the carrier pipe. as • Owmahallple¢SU- inchwfdeplastic degrees. which can be contained with had -plared mensuted from me base of the rail to the rap or line warning tape, MCMVkr{;am No. S28ST12 or W Vertical Separation Requiremenm far barriers. small collodion $mapslasts, then 5 pipe, u follow. (sea Figures I and I: equal, overmelpipcluefor Newidihor the Waterway Cmssiag. Pipelimes to be crossed cubic yerds )may be used unless perdu or temporary mad or equipment crossing, plus an meat hoe a minimum vertical separation of other regulations pmhibil the use of momedinn a omach. t (hc amount . Do pace return eaceeds that g hauls, ba eonminad and the retur using barriers or smell sumps, or if the return m drilling ing a occurs m the holy ofwaterdrupes drface donsomu will to suspended until surface remm volumes can be uolld 6) . 6J Asa an Drawinglanand profile draweto Magellan an v-built plan antl the in drawing or the laud crossing snowing Inn lenapon of additional 20 feu past each outside edge Ofswh MiM�urnat Lotion of Plrmlirm (bmmactM Cover Dot, To, ar the wmenway m the outermost pmt ore % one Under track mature Magellan pipeline, facility orappurmwnce proper (below 6.0f t Damon of mil) Roadways and drlMWays, shall be installed With Underall other 3) Aiding Weight to%pelitu rot Negative strikes within the 3.0 font tight of way or from k Heavy Equipment - Defwtion and Regttiremenu. Heavy equipment shell be defow the banned orditcMS Magellan adding sufficient weight or additional 20 feu past each outside edge Ofswh five (5) wl, u measured from the bmmm of used on of formation provided by Owner to temporary rood or equipment crossing the wmenway m the outermost pmt ore Magellan'spipelme. k. Owner Required W Peabody Magryhn Magellan pipeline, facility orappurmwnce 4,0 feet Pipeline, Magellan may requoe Owner to put in Prevention %an. For safety and Roadways and drlMWays, shall be installed With place addhMnal cover and/or smbDizmoon 3) Aiding Weight to%pelitu rot Negative (umbeta, seal plate, crushed rock, wxmte slab. Buoyancy. Owner And beer the not or k Heavy Equipment - Defwtion and Regttiremenu. Heavy equipment shell be defow cin at any approved equipment standing in order Magellan adding sufficient weight or %Effis]aP& No roadway, driveway. raimad or to prowl Magclao pipelines, raking into account mechanical do,!. to any Magellan pipeline as vehicles having a grog weight in excess of possibleeff"u, of weather, pipeline depth, and cmas:d by a waterway m order to creme to be constructed pmmiei to any Magellan type of vehicles proposed to crass [be pipelines, negative buoyancy for such pipeline. pipelines or facill Should binadng be Mquidan will analym each proposed crossing pipelbm within [be boundaries of Magellan's f new craving as . 11 as the bosom, of Minimum used on of formation provided by Owner to RRlutlno- Over Tao 0 P1WG4€ Magellan'spipelme. g. Roadway and Driveway Crosdngy. determine any additional depth or protection (bat 4,0 feet (Bebwsudaceof Prevention %an. For safety and Roadways and drlMWays, shall be installed With may no required for safe pipeline operation, e. Magellan Wdlben Approval S. Roadway, Driveway. Railroad and Eguimnent a minimum wmpacmd cover over the come pipe, w mevored from the rap of be roadway k Heavy Equipment - Defwtion and Regttiremenu. Heavy equipment shell be defow Required — Plan To Be Subdued. Magellan mum approves any proposed Iha bottom ofmtchrs %Effis]aP& No roadway, driveway. raimad or equipment crosangs of., type shall be armed amuse ro tM mp of the pipe, as follows (see as vehicles having a grog weight in excess of blasting mumaions that mould affect its Prevention Ple n for Blasting New to be constructed pmmiei to any Magellan Figarea 2 and 4): 80,000 wands. Heavy equipment shall be pipelines or facill Should binadng be pipelbm within [be boundaries of Magellan's pmMbdd from working d. 11, oa mop of tee neconuy. a comprehensive plan must be Easement Tract a. Pipeline Integrity Irnpection. A pipeline maturity review ¢hall be performed by Magelan as described N provision "6" under "C Env achmenr plannine" (above), b. Load Bearing cad Stress Lindy Requirernenh. Prior many road, driveway, rag W Or equipment nosing wnslNmian. Magellan's engines, me at deterpro ewhetherthe proposed w.posted tourer meets 1.0 lad ring requirements and provides adequate protection to imah nnm on Magellan's pipeline or mho f ilit d m' O f L+ntmn of Much Minimum Comoamed Cover Over Tao 0 P1WG4€ Under roadway ban a minimum of feet of crew. Magellan surface proper 4,0 feet (Bebwsudaceof Prevention %an. For safety and oavemem) due to external Jones if no vehicles here it rocs Uddr all other surfaces within the 3.0 feet fight of way or from determine required pipeline depth for one Iha bottom ofmtchrs wbve pipeline. FOr vehaks having all., submitted to Magelloo for review ad weigh, of 80.000 pounds or Mss, [be pipeline mbar written approve), ban a minimum of feet of crew. Magellan b. Shortly CoroideradoM— Damage must analyze am additional longitudinal arnss Prevention %an. For safety and due to external Jones if no vehicles here it rocs meervatwn of Marietta. aavv, all weight in excess of 80,000 pounds in order m biting shall be in accordance with determine required pipeline depth for one blood, smm. end local governing Operation. agencies and the Magellan's " Damsge Prevention Ple n for Blasting New 6. Parkim, (u as had Other Pawanent Company lundlilies ". A copy ofaeil plan will be made swilable upon notions, a. Parking LOland Pavement Requfremenm. All puking Imo and whet pavement installed on M ¢ran'& Easement Tract mail consist of a MCAVATTON NEAR MAGELLAN %P., U ec ems en moat use any ell additional requirements necessary fp provide flexible surface such as asphalt. No reinforced M1. Cmsdng %patinas Tnnsporeing Highty adequamproing Over It. will be loud, b.BTATE°ONEdALL^RFUG ENEIMo Volatile LiquMa For Magel'sn pipdrcs e.NOCravot e g eta Bend,Povd U.thpatine Depth Odelamsor ,LOb TM excavmwnnraai,Deffrdtn Draw A't@ as Irenspontng highly volatile liquids minimum sod icline bond (pint oflnolhe allowed rocross depth met companies cover king lot f. performed OneDdnheion"abow ahaRbe cover Fara crossing sladminage dkmb must be 4.0 p perfornRd by Owner vicinity of d. a pipeline bend (poem of inflection). most meet or exceed companies vb maser y should be am Angle of Crossing. Crossings far. Additional Depth erred. Depth gwony, alisted , andErevinus "Roadway, EasemntTrucilunit propert Magellan's should s)Do oe loa.hot degrees to than 30n p Drivewab,Resroad, and Pquipmenl CYOVings' Easement Tract boom made to the awr greater than the minimum dnpthsaumtl above may pipelines) v possibb, bbl wt pew then 30 section above not0lcmion has been made I0 the appropriam dcgt es. mss o'f mfor a pipeline due to (na combined '•One C.U. system and a Magellan s, Pipeline Cetold assuea. Magellan no oral hoevofimamal pipgellanreuureandc each l T. Walerwev Crravinea. septetion. Ali of a silowin which Magellan boding pleasure Magellan will analyze each cased roadway, and railroad crossings oa danger conducts All of o stems on which Magellan the proposed curving Uesptl on informmiun providetl adofaroads athecerrierpiimunder roadways ¢.%peso¢ Depth Mopflomenm,lf Owner mes.wlsch note operations haw notification Call" by Owner to determine any additional depth that ad reorned acquires umm,,mhe outs, pink i wheovstocross a Magelan .urri'ewith er lees, which rrquhe4g -02-hoursnolifis. cousitofelnsu tensating, the car heavier will may oupowlmdfods andeEne for vte rOolinn. wntergey(dver,mream,aing .atmion canah or prmr making. valiontelmedatai0 incomes the alorheal well jy such rary goods and asst had, Ctouwinge Mattegedbch) my crossing muocanditin agency will One-0am, the .mm Om -Cell lhkknev to or. d odne the additional Any urn road or craving must meet the following Magellan's pipelines din bra m exceeding the agency will nom Magellan la mark rmluuemenrs: or addrom!cosser wmexmrnes bads.Re road minimum tlep0below tie bosom of the ettudldy.mareuunabined timely wild ondcrouis king widened Did and the •MUlLLe ucmdete site atio, approved bye waterway forwmplunce with than current manner, the location ofthe Magellan's Magellan Geld repreaenmtiw rand or ant err r is being of and n i other and line construction tins. wdaNa and ktletah stare. Pipeline facilities in the vicinity of [M • Mual provide adequate protwlion for dryired, ten Magellan Of theect Wpipe is and local regulations. preposeA enaaachmenl. required, pipe an may elactdho)to he determined by the gancifition. b. 1) Minimums far Waterway g. mmgn: deRnnined by Its appropriate Magellan rating pope to the toning cm vllow. In sh Minimum Angle m Crogrees Cravings 2. ON, list is o mfwd CATTON. The engineer, w that the wmpectd were mcels accommodate of end mad aurfaw. Ifwho is should S) Wore Ira .1 degrees (o Magellan following riot is b, u sli monveniencd bur or track sim nmentlondst noraadwass, thew adequateirowim to fin anones,o the pipone(a)as possible, but wtkv then 45 it ausemsenruedby Magellan d bemmpleu the or l smcmre, m dual cmentl acruv the adequate f otherlen ro soh sows on the Dome each smiss crone neon 11 were ). copled emirs length of the roadway or railroad right of Pipeline Of other fwililiv. from each sote'awrb sins,¢ and call way. Owrw is required a ecU end cos the t Railroad Ceasdng Requirements. Railroads loodam oho " ify. l numbeds) torus shall be insmlled with a brntion of entivity. 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 he found on each ends', "ON &CALL" webshi s Avkarurs- www.orlmrseall.comf - 8004828998 Colorado- ww,e.unac2,org/ -80D 922.1987 RBmis www.BlmoisldEBdoM - 800892 -0123 Iowa - www.lowaopecall.cuM - 800292 -8989 Kansas- www,WnsesunecalLCoM - 8003447233 Minnesola- tutuw.goph sdwaonecalLory/- r —\End - 800252.1166 Mismurf- www.mol..]LcoM - 800344 -7483 Nebraska - www..- diggas.wM - 800331 -5666 Noah Dakota- www.rtdormcall.caml - 9007950555 Oklehome- www.ce0okiesoM - 800522 -6543 South Dakota - wwwsdorluell.roMindtocup - 800 781-7474 Texas - www.leesso UILCOM - 800245A545 W hemada - wwsi.di,,uoh.lf.EeMdl - 800 242 -8511 Alw..d dy, the National Otre -Cal Dumber —(888) 258.8808- may be used to reOnes a proposed exfavation and m subsequently notify underground u08ty operators with ...^m in the vaefnily. 3. Eduestion Ran Aoorowd.(Nmer shall subrnk to Magellan for its approval plans for any proposed excavation us the Magellan Gasmen Trot. No excavation on Magepan's Easement Tram shell be Commenced unto Owrcer has scoured Magellan's wr4kn approval of the pons. The excavation work shall M al compliance with ell applicable Lwa and regulations, Ownerisalso relempolthe Common ent), Alliance Rest Practices (refererretl in his doamen0. 4. Meselian Reerusudm v¢ Olt -Site far Eada mBm. A Magellan mpresenruian must be on -she when an excavation is occurring on Magellan's Easement'Bact (see provision "2 " ands- "A. Gerei Ig( "begiamV on W" l). S. Removal of Side.C.W.. Teeth from Side- cmdung teeth shell bs mmmnd fined buckets of excavating Nuipment. 6. Pereltel Eseavatine wu irttl. When, in preparation for crossing any Magellan pipeline with any outer pipe0ne or with ¢kart; line. communicatbn had. roadway or any other structure or facility, Owner oeMe to fund a Magellan pipeline by use of mechanical means. Owner must perform such locating activity by excavating pmapel to the Magellan pipeline with such mechanical means, but Pape 1s of 17 wrpnvision). 7. Exrtmine nifeRne br HeM. Ibmseating whMn 2 feet ciliary Magellan pipeline shall be done by handrAfggang until the pipeline E exposed anal its location is accurately known. Then, Conn, most position the excawma equipment so that from the point of operations the edulpmem w01 not reach within 2 feet ofany Magellan pipeline. RAILROAD AND HIGHWAY CROSSINGS below boil of ma hum,di bebwtlikh fa+men� o Mlnlmum depth Mlnlmum d¢Rh P M 'mumYntl MlnYnum depm minepe below Ilah t =7 Q below bopped of rail Mlnlmum depth RaM6ad { \�rMnep¢.tl{hh = "` below dn¢na \ Vent p - -`'� -- MinMUm depth Dabw pmtntl `Ibcaead camerpipe r —\End I.NOA4ID FWUROAD CFDS9NG seal f:uMfp canter qP� RGUFE3 CASED RAILROAD CROSSING FIGURE i mhMum deph Daneee dMM bebwdlah �blnsay peed ar . — Caeierppe Eml eeelPVe' gArp Mnrnam dust bale. once of Pavement CASE HGhVVAYCISDfflNG RGUFE2 Pane 16 of 17 General Encroachment Requirements — (L.P.— 1/1/07) deptlt rC akhway hum,di bebwtlikh 1 tlme ®d CeMergpe Mlnlmum depth be low Busses, Of Pavement UNCASED HIGHWAY CROSSING RGUFE4 Pane 17 EXHIBIT "C" PLAN DRAWINGS 12 Encroachment Agreement EA -F Xing —4-4-14—Tracts 7339 & 7340, Carver County, MN -Agent HCP -Project 13 -633 U z Q W woo Dm 0 O O F- W Z j w W w w j o O} o Z J WT3 °ohm w W® l7 a t'_< O<ZZ Z wx k a' Q �0 N�WU'E ZpOOa a o Q 'I 0 Z ~ Z 4ZO���w < Q �a '.' wow 00x�aC)U C N p 0 0 w � p� a O F' p O OJ O U w N = Y i O J w Q O w0� �+'NO O- W� O Y Q�cc o �y O >a >EF W<Ux00 w wz 1 > G I d f7 u u � m p � o N Y Uu a `o p X x W X XX X X X _ _,� X i z � Vie; Vii•, rva X � Ig \ X ssF X iFF R ti X p z a is I J a R , . , - VIOMNNM'N36SWNVHD JO "10 xu Ile 034 4 f1 r