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HomeMy WebLinkAboutR-2025-158 Magellan Easement Line Creek TrailRESOLUTION NO. R-2025-158 A RESOLUTION AUTHORIZING APPROVAL OF THE ENCROACHMENT AGREEMENT WITH MAGELLAN PIPELINE COMPANY FOR THE LINE CREEK TRAIL BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Riverside Board of Aldermen hereby approves the attached Encroachment Agreement with Magellan Pipeline Company, LP, and authorizes the Mayor to sign on the City's behalf; and FURTHER THAT the City of Riverside will require the Line Creek Trail construction contractor to provide the required insurance noted in the encroachment agreement; and FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents; as may be necessary or convenient to perform all matters herein authorized; and FURTHER THAT this Resolution shall be in full force and effect from and after its passage and approval. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the 21st day of October 2025 Mayor Kathleen L. Rose ATTEST: Melissa McChesney, City Clerk (Drafted by & when filed return to: ONEOK/Magellan Pipeline Company, L.P., Attn: Sherrie Guthrie, 100 W. s•h Street, S"' Floor, Tulsa , Oklahoma 74103 , 918/574-7350 .) ENCROACHMENT AGREEMENT This Encroachment Agreement ("Agreement") is made and entered into by and between Magellan Pipeline Company, L.P., a Delaware limited partnership, whose address is 100 W. 5th Street, Tulsa, Oklahoma 74103, (hereinafter called "Magellan"), and The City of Riverside, Missouri, a Municipal Corporation of the State of Missouri, whose mailing address is 2950 NW Vivion Road, Riverside, MO 64150, its heirs, successors, assigns and grantees (hereinafter called "City"). WITNESSETH: WHEREAS, City represents and warrants that City is the fee owner of Lots 7 and 8, Rose Valley, a subdivision in Riverside, Missouri in the N/2 NE/4 of Section 4, Township 50 North, Range 33 West (hereinafter "City's Land") per the general warranty deed recorded within Platte County Deed Records on the 22 nd day of December 2009 as Instrument #2009018108 in Book 1151 at Page 34, attached hereto as Exhibit "A"; 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 N/2 of the NE/4 of Section 4, Township 50 North, Range 33 West, Platte County, Missouri, pursuant to those certain instruments recorded in the records of said county and state and described as follows: 1) Right of Way Grant as to a pipe line or pipe lines dated the 30 th of April, 1932 in favor of Great Lakes Pipe Line Company (Magellan's predecessor in title), its successors and assigns, and filed for record on the 2Jfd day of May, 1932 in Book 112 at Page 128 of the Platte County Deed Records; and 1 Encroachment Agreement-Tract 1205, Platte County, MO-Agent TC 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 drawing, which was furnished by City to Magellan ("Plan Drawing") and attached hereto as Exhibit "C": 1) Line Creek Trail Connection, Plan and Profile Drawing, Sheet I of 1, dated 3/13/2025 , by Snyder & Associates Engineers and Planners, Inc. TERMS AND PROVISIONS A pp roved Encroachments. The Approved Encroachments, as further identified, described and limited in the Plan Drawing as set forth in Exhibit "C" are limited to the following: (a) Line Creek Trail and Associated Grading -The City project proposes to construct a new trail with associated grading across the Magellan Facilities and Magellan Easement Tract. The trail will be ten feet (10 ') wide and consist of six-inch (6") thick fiber reinforced concrete over rock base . The project is not to add more than two feet of additional cover over the Magellan Facilities . Ma gellan a pp roves the construction of the trail and the gradin g plan as lon g as a Ma gellan re presentative is onsite durin g an y construction and gradin g activi tv within Ma gellan's Easement Tract. 1. No Other Encroachments. Except for the Approved Encroachments as allowed by this Agreement, City shall not create, erect, place or construct any other Encroachment on, above or below the surface of the ground on Magellan's Easement Tract, or change the grade or elevation of the ground surface within Magellan's Easement Tract or at any time plant or allow any trees thereon or cause or permit any of these to be done by others , without the express prior written permission of Magellan. 2 Encroachment Ag reement-Tract 1205, Platte County, MO -Agent TC 2. Ma gellan On-Site Re presentative. 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 , a Magellan representative may be on site during all Encroachment activities over or within ten feet (1 O') 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 activi ty shall be made to: MAGELLAN PIPELINE COMPANY, Coordinator of Operations & Maintenance, Pat Comer, 401 E. Donovan Road, Kansas City, KS 66115, Cell: (816) 289-1788, or such other representative of Magellan , which Magellan may from time to time designate. 3. Protection of Ma gellan 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. Magellan is to receive a list of construction equi pment that is ex pected to be utilized b y the Cit y for construction of this pro ject within the Mae.ellan Easement Tract in order for Ma gellan to perform pipeline stress calculations. Sti pulations re gardin g work limits from the Ma gellan Facilities may be re quired. 4 . 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 alJ claims upon which the non-breaching party prevails. 5. 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 3 Encroachment Agreement-Tract 1205, Platte County, MO -Agent TC 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 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 agree to waive and will require its insurers to waive any rights of subrogation or recovery either may have against Magellan and its affiliated companies. ( 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. 4 Encroachment Agreement-Tract 1205, Platte County, MO-Agent TC (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. (h) "Encroaching Party's Contractors may provide the insurance required in this Agreement in lieu of the Encroaching Party doing so provided the Encroaching Party contractually requires the Contractors to include the additional insured, waiver of subrogation and primary and non-contributory insurance endorsements in favor of Magellan Midstream Partners, L.P. and its Affiliates as required herein." 6. Indemnification. To the extent permitted by law, City will indemnify, save, and hold harmless Magellan, its affiliated companies, directors, officers, partners, employees, agents and contractors from any and all environmental and non-environmental liabilities, losses, costs, damages, expenses, fees (including reasonable attorneys' fees), fines, penalties, claims, demands, causes of action, proceedings (including administrative proceedings), judgments, decrees and orders resulting from City's breach of this Agreement or caused by or as a result of the construction, use, maintenance, existence or removal of the Approved Encroachments or Other Encroachments located on the Magellan Easement Tract. The presence of Magellan's representative or any instructions given by such representative will not relieve City of any liability under this Agreement, except to the extent that such liability results from Magellan's or its representative's gross negligence or willful misconduct. Notwithstanding any provision to the contrary, nothing in the Agreement shall constitute or be construed or deemed to constitute a waiver of the City's sovereign immunity . 7. Dama2e or Loss. City covenants that: (a) If at any time, in the sole opinion of Magellan, it becomes necessary for Magellan, to cross, occupy, utilize, move or remove all or portions of the Approved Encroachments placed on Magellan's Easement Tract or constructed pursuant to this Agreement, for any purpose, including but not limited to surveying, constructing new facilities, maintaining, inspecting, operating, protecting, repairing, replacing, removing or changing the size of a pipeline(s) and appurtenances on Magellan's Easement Tract and such activities by Magellan result in damage to or destruction of the Approved Encroachments, then repair, replacement or restoration of such Approved Encroachments shall be at the sole cost and responsibility of City. (b) If at any time, any encroachments belonging to or permitted by City which are not authorized by this or another written agreement ("Other Encroachments") are found to be on Magellan's Easement Tract, Magellan may at any time request City to remove such Other Encroachments, and if City refuses or fails to do so within a reasonable time, 5 Encroachment Agreement-Tract 1205, Platte County, MO -Agent TC STATE OF SS COUNTY OF Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this day of , 2025 personally appeared , to me personally known to be the Authorized Signatory for MAGELLAN PIPELINE GP, LLC, a Delaware limited liability company, who being duly sworn did acknowledge to me that he executed the foregoing instrument on behalf of said limited liability company as the free and voluntary act and deed, for the uses, purposes and consideration therein set forth. Witness my hand and official seal. Notary Public My Commission Expires: STATE OF Missouri) SS COUNTY OF Platte ) Before me, the undersigned, a Notary Public in and for the County aforesaid, on this day 24th of October, 2025, personally appeared Kathleen L. Rose to me known personally to be the Mayor of the CITY OF RIVERSIDE, MISSOURI a Municipal Corporation of the State of lissouri, who being duly sworn did acknowledge to me that he/she executed the foregoing instrument on behalf of said CITY OF RIVERSIDE, MISSOURI, as the free and voluntary act and deed of said corporation, for the uses, purposes and consideration therein set forth. Witness my hand and official seal. My Commission Expires: 9-11-2026 Notary Public Seal Encroachment Agreement — Tract 1205, Platte County, MO — Agent TC