HomeMy WebLinkAboutR-2025-158 Authorizing Approval of Encroachment Agreement with Magellan Pipeline Company for 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
/s/ Kathleen L. Rose
Mayor Kathleen L. Rose
ATTEST:
/s/ Melissa McChesney
Melissa McChesney, City Clerk
Recorded in Platte County, Missouri
Recording Date/Time: 11/13/2025 at 02:04:36 PM
Book: 1426 Page: 295
Instr #: 2025012259
Pages: 28
Fee: $127.00
Electronically Recorded
ONEOK, INC.
Christopher L. Wright
Recorder of Deeds
RECORDER OF DEEDS CERTIFICATE
NON-STANDARD DOCUMENT
This document has been recorded and you have been charged
the $25.00 non-standard fee pursuant to RSMo 59.310.3
and this certificate has been added to your document
in compliance with the laws of the State of Missouri.
THIS PAGE HAS BEEN ADDED AS THE FIRST PAGE OF YOUR DOCUMENT --DO NOT REMOVE THIS PAGE
BK 1426 PG 295
(Drafted by & when filed return to ONEOK/Magellan Pipeline Company, L.P. Attn: Sherie Guthrie. 100 W 5th Street, 5th 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. 5i1'
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 Decd Records on the 22nd day of December 2009 as Instrument 42009018108 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 30111 of April, 1932 in
favor of Great Lakes Pipe Line Company (Magellan's predecessor in title), its
successors and assigns, and tiled for record on the 23r`I day of May, 1932 in Book
112 at Page 128 of the Platte County Deed Records; and
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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
WI IEREAS. City desires to obtain Magellan's consent for one or more Encroachments on
Magellan's Easement Tract;
NOW, TIIEREFORE, 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":
I) Line Creek Trail Connection, Plan and Profile Drawing, Sheet I of I, dated 3/13/2025, by
Snyder & Associates Engineers and Planners, Inc.
TERMS AND PROVISIONS
Approved 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 "frail 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 he 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. Magellan approves the
construction of the trail and the grading plan as long as a Magellan
representative is onsite during any construction and grading activity within
Magellan's Easement Tract.
I. 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.
Encroachment Agreement — Tract 1205. Platte County, MO — Agent TC
BK 1426 PG 295
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. a Magellan representative may he 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 he 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 arc 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 he 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 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.
Magellan is to receive a list of construction equipment that is expected to be utilized by the
City for construction of this project within the Magellan Easement Tract in order for
Magellan to perform pipeline stress calculations. Stipulations regarding work limits from the
Magellan Facilities may he required.
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 all 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 he 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
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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 C'ity'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.
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Encroachment Agreement — Tract 1205. Platte County, MO — Agent TC
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(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
Partner, L.P. and its Affiliates as required herein."
6. Indemnification. To the extent permitted by Iaw, 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. Damage or Loss. City covenants that:
(a) If at any time, in the sole opinion of Magellan, it becomes necessary for Magellan, to
cross, occupy. utilize, move or remove all or portions of the Approved Encroachments
placed on Magellan's Easement Tract or constructed pursuant to this Agreement, for any
purpose, including but not limited to surveying, constructing new facilities. maintaining,
inspecting, operating, protecting, repairing, replacing, removing or changing the size of a
pipeline(s) and appurtenances on Magellan's Easement Tract and such activities by
Magellan result in damage to or destruction of the Approved Encroachments. then repair.
replacement or restoration of such Approved Encroachments shall be at the sole cost and
responsibility of City.
(b) If at any time, any encroachments belonging to or permitted by City which are not
authorized by this or another written agreement ("Other Encroachments") are found to
he 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.
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Encroachment Agreement — Tract 1205. Platte County, MO - Agent TC
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Magellan's may remove them from Magellan's Easement "Tract to City's Land 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.
8. 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.
9. 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, he executed in two or more counterparts, each of which
shall be deemed an original. but all of which Together shall constitute one instrument. This
Agreement shall become effective upon its complete execution by the parties hereto.
IN WITNESS WI IEREOF, the parties have set their hands on the dates expressed below.
MAGELLAN PIPELINE COMPANY, L.P.
By Its General Partner, Magellan Pipeline GP. LLC
By Its Undersigned Authorized Signatory:
By: /s/ Todd McKinney
Name: Todd McKinney
Date: 11/19/25
CITY OF RIVERSIDE, MISSOURI
By: /s/ Kathleen L. Rose
Name: Kathleen L. Rose
Title: Mayor
Date: October 23, 2025
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Encroachment Agreement — Tract 1205, Platte County, MO — Agent TC
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STATE OF Oklahoma)
) SS
COUNTY OF Tulsa )
Before me, the undersigned, a Notary Public in and for the county and state aforesaid. on this
10 day of November, 2025 personally appeared Todd McKinney to me
personally known to be the Authorized Signatory for MAGELLAN PIPELINE (LC, 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.
/s/ S. Zachary
Notary Public
My Commission Expires: 1-24-26
STATE OF Missouri)
) SS
COUNTY OF Platte)
Before me, the undersigned. a Notary Public in and for the County aforesaid, on this 24th day
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 Missouri. 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 tree and voluntary act and deed ot'said corporation. for the uses. purposes and consideration
therein set forth.
Witness my hand and official seal.
/s/ Melissa McChesney
Notary Public
My Commission Expires: 9-11-2026
MELISSA MCCHESNEY
Notary Public - Notary Seal
STATE OF MISSOURI
Clay County
My Commission Expires: Sep. 11, 2026
Commission #14524621
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EXHIBIT A
STATE OF MISSOURI SS
COUNTY OF PLATTE
I CERTIFY INSTRUMENT RECEIVED
2009 Dec 22 10:54:14 AM
INSTRUMENT #: 2009 018108
RECORDED BOOK: 1151 PAGE: 34
FEE: $27.00 2-S
GLORIA BOYER, PLATTE CO. RECORDER
Electronically Recorded
KC-IT-6789-09
GENERAL WARRANTY DEED
(INDIVIDUAL)
THIS DEED, Made and entered into on the 22nd day of December, 2009, by and between
Grantor: Jrolf Development Company, LLC
Address: PO Box 12465 NKC, MO 64116
County of Clay, State of Missouri, and,
Grantee: City of Riverside
Address: Lots 7 and 8, ROSE VALLEY, a subdivision in Riverside, Platte County, Missouri
County of Platte, State of Missouri.
Mailing Address: 2950 NW Vivion Rd, Riverside, MO 64150
WITNESSETH, that the said grantor, for and in consideration of the sum of One Dollar
and other valuable considerations paid by the said grantee, the receipt of which is hereby
acknowledged, does or do by these presents GRANT, BARGAIN, AND SELL, CONVEY
AND CONFIRM unto the said grantee, the following described Real Estate, situated in the
County of Platte, State of Missouri as to- wit:
Legal Description:
Lots 7 and 8, ROSE VALLEY, a subdivision in Riverside, Platte County, Missouri.
TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same
belonging, unto the said grantee, and to the heirs and assigns of such party or parties forever.
The said grantor party hereby covenanting that said party or parties and the heirs,
executors and administrators of such party or parties, shall and will WARRANT AND DEFEND
the title to the premises unto the said grantee, and to the heirs and assigns of such party or parties
forever, against the lawful claims of all persons whomsoever, excepting, however, the general
taxes for the calendar year 2009 and thereafter, and special taxes becoming a lien after the date of
this deed
Integrity Land Title
TYOUMANS Book 1151 Page: 34 WD Page 1 of 2
BK 1426 PG 295
WITNESS WHEREOF, the said grantor has or have hereunto set their hand or hands the day
and year first above written.
Grantors:
/s/
Jrolf Development Company LLC
By: Jim Jrolf, Manager
COUNTY OF Clay )
) ss.
STATE OF MO )
On this 22nd of December, 2009, who personally appeared Jim irolf, Manager
of Jrolf Development Company, LLC, Grantors described in and who executed the
foregoing instrument, and acknowledged that they executed the same as their free act
and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, the day and year first above written.
/s/ Emily Jones
Notary Public
My Commissin Expires:
EMILY JONES
Notary Public, Notary Seal
State of Missouri
Jackson County
Commission # 08607330
My Commission Expires October 23, 2012
TYOUMANS Book: 1151 Page: 34 WD Page 2 of 2
BK 1426 PG 295
Magellan Midstream Partners, L.P.
GENERAL ENCROACHMENT REQUIREMENTS
7.05-ADM-035
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EXHIBIT B
MAGELLAN PIPELINE COMPANY, L.P.
General Encroachment Requirements
A. GENERAL - These requirements define the minimum standards governing permitted
encroachments by a landowner (including any developer, business entity, utility company
or individual working for, or on behalf of, or with permission of landowner), its and their
heirs, successors, and assigns (herein referred to collectively as "Owner") to pipeline
corridors and rights of way ("Magellan's Easement Tract") owned or operated by
Magellan Pipeline Company, L.Y. ("Magellan"). Upon written request by Owner to
Magellan, a copy of these minimum requirements shall be provided to any developer,
business entity, utility company or individual working on behalf of Owner or with the
permission of Owner within Magellan's Easement Tract. Specific circumstances may
require additional precautions or more stringent methods in order to protect the integrity
of Magellan's pipelines and facilities. Magellan's Easement Tract, for purposes of these
General Encroachment Requirements, shall be considered to be any area within fifty (50)
feet of any Magellan pipeline or other Magellan -owned or operated facility unless a
different right of way width is specified by one or more recorded right of way or
easement documents (herein collectively called "Easement", whether one or more), in
which case such specified width shall define Magellan's Easement Tract.
1. Encroachment Definition. An "encroachment" is any use of the land within
Magellan's Easement Tract which is not permitted by the express provisions of
the Easement or which could interfere with Magellan's Easement rights or which
Magellan determines could create safety concerns for pipelines and/or facilities
located on Magellan's Easement Tract. Encroachments include, but are not
limited to: structures, fixtures, personal property, landscaping, foreign utilities,
Ioreign pipelines, roadways, railroads, waterway crossings, water impoundments,
walls, heavy equipment and heavy Toads on Magellan's Easement Tract, and also
any excavation, digging, drilling, tunneling and addition, removal or disturbance
of soil or subsoil within Magellan's Easement Tract. All encroachments as
described in this section 1 arc hereinafter referred to as "Encroachments",
whether one or more.
2. Magellan Representative Required On -Site. Magellan pipeline systems operate
at high pressures, and for safety reasons, Magellan requires its company
representatives to be on -site while Owner is excavating or performing other
activities which could endanger the pipelines or other facilities on Magellan's
Easement Tract. For other activities of the Owner on the Magellan Easement
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Magellan Midstream Partners, L.P.
GENERAL ENCROACHMENT REQUIREMENTS
7.05—ADM-035
Asset Integrity 07/01/23
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Tract, the Magellan field representative shall determine whether Magellan's
continuous presence or periodic monitoring of encroachment activities will be
required and shall inform the Owner. A Magellan representative will be made
available upon 48 hours notice (exclusive of weekends and holidays) to determine
the location and approximate depth of any Magellan pipelines. No excavation
shall be commenced without prior written approval from Magellan and
verification by Magellan of the location and approximate depth of its pipelines.
3. Magellan's Facilities. The facilities include, but are not limited to, the Easement,
rights of way, pipelines, meter and valve sites, aboveground piping manifolds,
and cathodic protection systems.
4. Land Use Change - Notification. The Owner and tenant, if any, must notify
Magellan at any and every time when the land use will be changed for land on or
adjacent to Magellan's Easement Tract. Examples of such land use changes are,
without limitation:
• Change from pasture to cultivation
• Change in depth of tilling (e.g. plowing deeper or deep -breaking the land)
• Change in that terraces will be cut or re -cut
• Change from agricultural use to residential, commercial or industrial use.
• Change from residential to commercial or from commercial to industrial.
5. Governmental Regulations and Industry Guidelines. Owner must comply with
all applicable laws and regulations, as well as Magellan's policies as expressed
herein. Owner is also hereby referred to the Common Ground Alliance Best
Practices which can be found on the web site: www.commongroundalliance.com
(See "Program Information" / "Best Practices") and which is available from
Common Ground Alliance in booklet form for easy reference. Best Practices
addresses the most common issues for damage prevention for an encroaching
party, including, among others: Planning and Design; One -Call Center; Locating
and Marking; Excavation; and Mapping.
In the even of a conflict between laws and regulations, Magellan's policies and
the Common Ground Alliance Best Practices, the following priority shall govern
all encroachments on Magellan's Easement Tract: 1st -- laws and regulations; 2nd
-- Magellan policies; and 3rd -- Common Ground Alliance Best Practices.
B. MAGELLAN RIGHT OF WAY PRACTICES
1. Personal Property and Fixtures To Be Kept Off of Magellan's Easement
Tract. In order to keep Magellan rights of way clear for operations, maintenance.
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Magellan Midstream Partners, L.P.
GENERAL ENCROACHMENT REQUIREMENTS
7.05—ADM-035
Asset Integrity 07/01/23
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inspection, repair, replacement, and emergency access, personal property and
fixtures shall not be placed, stored, or maintained on Magellan's Easement Tract.
Personal property and fixtures include, but are not limited to, storage sheds,
automobiles, trailers, mobile homes, above -ground swimming pools, business
equipment, product inventory, scrap metal, boulders, large rocks, debris, junk, and
piles of materials.
2. Encroachments Subject to Being Cleared from Magellan's Easement Tract.
Subject to the terms of its Easement (including right of way agreementjsj and
other written agreements), Magellan shall have the right, but not the obligation, to
keep Magellan's Easement Tract clear of items that Magellan determines may
hinder the exercise of Magellan's rights to construct, operate, inspect, maintain,
repair, replace, and access its pipelines and other facilities. Clearing of the
Magellan Easement Tract shall include, but not be limited to, the following:
removal of trees, brush, crops, other vegetation and non -permitted encroachments
located on or overhanging all or part of any Magellan's Easement Tract. Trees or
other vegetation overhanging Magellan's Easement Tract may be side -trimmed.
C. ENCROACHMENT PLANNING
1. Plan Review Required by Magellan. For any Encroachment, Magellan must be
provided project plans to review and approve, prior to such encroachment
occurring, for purposes of damage prevention.
2. Submission of Complete Plans. Owner must submit complete plans to Magellan
for review. hlcomplete plans could delay Magellan's engineering impact study
and insufficient information could result in increased costs. Plans must include:
• A plan view of the project with the pipeline(s) location included.
• An illustration in profile of the existing surface elevations, the proposed
surface elevations and the elevation of the pipeline(s).
• A comprehensive utility/structure/grading plan depicting the relationship
to the pipeline(s).
• A proper legal description of the project location.
• Complete landscaping plans.
• Complete plans for backfilling and compaction of backfill material.
3. Plans Must Show Magellan's Easement Tract, Pipelines and Facilities. All
construction plans (prints) showing lands where all or any part of Magellan's
Easement Tract, and where any pipeline or facility is located thereon must
contain the following:
• Location and depth of all pipelines and facilities
• The width of Magellan's Easement Tract
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• A standard warning statement conspicuously displayed containing the
following language:
WARNING
HIGH-PRESSURE PIPELINE(S)
Excavation and/or Construction Prohibited
Without compliance with State One -Call, AND
Without Written Permission From
MAGELLAN PIPELINE COMPANY, L.P.
4. Written Encroachment Agreement Required. A written, fully executed
Encroachment Agreement roust be in place between Magellan and Owner before
Owner commences work on any encroachment.
5. Costs. Unless otherwise agreed in writing, all costs and expenses sustained or
incurred by Magellan that result from any encroachment shall be the obligation
of Owner and shall be paid in full to Magellan pursuant to Magellan invoice.
Such costs and expenses may include, hut shall not he limited to: Modification,
replacement, lowering, and protection of pipelines, including engineering
evaluation and design, field labor and real estate research and document
preparation and handling,
6. Pipeline Integrity Inspection. Prior to the installation of any structure, parking
lot, roadway or other facility which might interfere with or hinder Magellan's
inspection of any pipeline or facility, Magellan will perform an integrity review
of its pipeline and any other assets which may be affected by the proposed
structure, parking lot, roadway or other encroaching facility in order to
determine that Magellan's assets comply with integrity requirements and to
allow Magellan to make any needed changes prior to construction of any
approved encroachments.
7. Soil On Magellan's Easement Tract -- Removing and Adding. No soil shall
be removed from or added to Magellan's Easement Tract without prior written
authorization from Magellan. Any soil added must be clean fill dirt (without
contaminants, trash or debris) and must be limited in amount so that the resulting
cover (vertical distance from the surface of the land to the top of Magellan's
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pipeline) is not greater than eight feet (8').
8. Erosion Control Materials. Erosion -control materials may be allowed on
Magellan's Easement Tract for temporary periods of construction and
restoration.
9. Proof of Title to Property. Magellan may require Owner to provide proof of
current ownership of the land and all interests in the land where the proposed
encroachment is to he located. Such proof shall be such proof as is satisfactory
to Magellan and, without limitation of the foregoing, may be in the form of a
title commitment or title policy.
10. Subdivision Plat. Magellan requires a copy of the Subdivision Plat, if
applicable. If the plat has been recorded, Magellan requires a copy of the
recorded plat which reflects the book and the page of the recording.
11. Location and Approximate Depth of Pipelines. A Magellan representative is
normally available with 48 hours notice (exclusive of weekends and holidays) to
determine the location and approximate depth of the pipeline(s). Determining
actual depths of pipelines may require pot -holing or hand -digging by, and at the
expense of Owner in the presence of an authorized Magellan representative. No
excavation on Magellan's Easement Tract shall take place without prior
approval by Magellan.
12. Vertical Separation Between Magellan Pipeline or Facility and an
Encroaching Object or Structure. Vertical separation is defined in this
document as the vertical distance between the outermost part of a pipeline,
facility or appurtenance (for example, the outside of the pipe [for encased pipe]
or the outside of the pipe casing [for cased pipe]) and the outermost part of the
encroaching object (for example, the outside of the encroaching pipeline or the
outside of its conduit).
13. Construction Equipment Information. Owner shall provide to Magellan
information as to the type, size, and weight of construction equipment that
Owner proposes to use over or in the vicinity of the pipeline(s).
D. ENCROACHMENT DESIGN REQUIREMENTS & STANDARDS
1. Risk of Loss and Damage. Owner shall bear the risk of loss for all damage
and/or destruction to any structure, fence, landscaping or improvement placed
within the boundaries of Magellan's Easement Tract (whether approved by
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Magellan or not), and shall indemnify and hold Magellan harmless from and
against any such damages or destruction of structures (including, without
limitation, any consequential damages) which may arise out of Magellan or its
designees exercising Magellan's Easement rights or which may arise out of
accessing Magellan's Easement Tract, pipelines or facilities.
2. Buildings, Structures and Fences.
a. Buildings and Structures. No buildings, houses, barns, garages, patios,
playhouses, sheds, septic systems or drain fields, swimming pools (above-
ground or below -ground), reinforced concrete slabs or other similar
structures will be permitted on the Magellan's Easement Tract.
b. Septic System not permitted. No septic -system, including any lateral
lines will he permitted on Magellan's Easement Tract.
c. Retaining Walls. Retaining walls are not permitted on Magellan's
Easement Tract.
d. Fences. No fence shall be constructed or maintained on Magellan's
Easement Tract without a written agreement.
e. Requirements for Fences. If fencing on Magellan's Easement Tract is
authorized by a written agreement with Magellan, the fencing must
comply with the following:
1) Not Parallel to Pipeline. No fence shall be allowed to be
constructed parallel to, and closer than 10 feet to, any pipeline within
the boundaries of Magellan's Easement Tract.
2) Fence Posts Location. No fence posts will be allowed to be within
five (5) feet of any pipeline or facility.
3) Gates Required. Magellan may require any fence constructed
within the boundaries of Magellan's Easement Tract to have gates of
such size and suitability as is necessary or convenient for Magellan
to access its pipelines and/or facilities for its operations, including
inspections, at each point where the fence crosses a Magellan
pipeline or facility boundary. Magellan shall be allowed to put a
Magellan lock on such gates, which will allow access to Magellan's
Easement Tract and/or facilities through such gates.
4) Angle of Fence Crossing. Fence crossings across Magellan's
Easement Tract must be as close to 90 degrees as possible.
3. Landscaping, Elevation Changes and Water.
a. Landscaping Definition. Landscaping shall include, but not be limited
to, trees, shrubs, underground irrigation or sprinkler systems, sidewalks or
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other paths, retaining walls, terraces or other land grade changes, within
Magellan's Easement Tract.
b. General Landscaping Requirements. The following are the general
rules for landscaping on Magellan's Easement Tract:
1) Written Approval. Landscaping proposed to be done on
Magellan's Easement Tract must be approved by Magellan in a
written encroachment agreement. Among other terms, the
encroachment agreement will release Magellan from any liability for
damages to the landscaping from the exercise of Magellan's
Easernent rights.
2) Trees Not Permitted. Trees are not permitted on Magellan's
Easement Tract.
3) Shrubs. Shrubs exceeding 3 feet in height and/or obstructing the
view of any Magellan pipeline marker posts are not permitted on
Magellan's Easement Tract.
4) Irrigation Systems, Field Drain Lines, and Sidewalks. Irrigation
systems, field drain lines and sidewalks that are to cross a pipeline
must cross such pipeline at an angle as close to 90 degrees as
possible, but in no event at an angle less than 45 degrees and must
comply with other applicable provisions of this document.
c. No Water Bodies on Magellan's Easement Tract. Retention of water,
including but not limited to, livestock ponds, lakes, retention ponds, or
wetlands, may not be constructed or formed on Magellan's Easement
Tract.
d. Surface Grade and Elevation Changes. Surface grade or elevation
changes must be reviewed and approved in writing by Magellan.
4. Foreign Pipeline & Utility Crossings. No foreign pipelines or utility lines of
any type shall he allowed to he constructed parallel to any pipeline within the
boundaries of Magellan's Easement Tract.
a. Minimum Angle for Pipeline/Utility Crossing. Any foreign pipeline or
utility that is proposed to cross a pipeline on Magellan's Easement Tract
must cross such pipeline at an angle as close to 90 degrees as possible, but
in no event at an angle less than 45 degrees.
b. Vertical Separation Requirements for Crossing. Foreign pipeline(s),
utilities (except high -voltage lines - see below) or flow lines should cross
pipeline(s) on Magellan's Easement Tract with at least 24 inches of
vertical separation. Special written authorization must be given in the
event vertical separation is less than that specified in these General
Encroachment Requirements. The preferred method for a foreign pipeline
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or utility to cross a pipeline is to cross below the Magellan pipeline.
c. Warning Tape Required. When any foreign pipeline or utility line is
proposed to cross a pipeline on Magellan's Easement Tract, Owner must
place 6" wide McMaster -Carr No. 8288T12 or equal within Magellan's
Easement Tract in the following manner:
1) The tape must be placed directly over (parallel to) and at least 15
inches above the foreign line for the entire distance that it occupies
Magellan's Easement Tract. Additionally, the tape must be placed
directly over (parallel to) and at least 15 inches above each pipeline
that is crossed for a minimum distance which is the greater of:
(a) a minimum distance of 20 feet on each side of the pipeline, or
(b) across the entire width of Magellan's Easement Tract
2) The placement of warning tape on each side of pipeline(s) on
Magellan's Easement Tract will not be required for utility cables that
are installed using the directional drill or jacking method.
d. Crossings by Metal Pipelines or Conduits. Metallic pipe crossing
pipeline(s) on Magellan's Easement Tract may require Magellan to
perform a cathodic protection interference survey. If interference with
Magellan's cathodic protection system is detected and remediation is
necessary, Owner agrees to cooperate with Magellan and to make
necessary adjustments in Owner's interfering metallic pipe or other
remediation to correct such interference problem insure that the Magellan
cathodic protection system is operating properly.
e. Crossing Requirements. Electrical, fiber optic, local service
communication, long distance carrier telephone, and utility cables should
cross Magellan pipeline(s) with a minimum of 24-inches of vertical
separation. All such lines must be covered with a Concrete Slab for the
full width of the Easement Tract, if requested by Magellan. If such Tines
have an exposed concentric neutral, a test point from the ground wire shall
be installed by the power company.
f. Crossing Requirements for Lines Going Over a Magellan Pipeline. In
the event the electrical, fiber optic, local service communication, long
distance carrier telephone, and utility cable crosses over a pipeline on
Magellan's Easement Tract, such line shall be encased in red concrete
across the fill width of Magellan's Easement Tract, unless a variance is
granted by Magellan, as set forth below.
g. Written Authorization for Variance. Owner must have written
authorization from Magellan for any variance from the vertical separation
requirements listed above and/or for any variance from the requirement for
encasement of high -voltage electrical lines in red concrete.
h. Utility Poles and Guy Anchors. Utility poles and guy anchors shall not
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he placed on Magellan's Easement Tract without a written agreement.
With a written agreement, poles and anchors may be placed no closer than
20 feet to any pipeline on Magellan's Easement Tract. Poles shall not be
allowed to run parallel to a pipeline within the Magellan Easement Tract.
i. Directional Drilling / Boring.
1) Prior to commencing any horizontal directional drilling, Owner shall
submit plans showing procedure and material descriptions for
Magellan's approval. The plans and description shall include, but not
be limited to the following:
• Profile and plan showing location of entry and exit points
• Work space required to perform the work
• Mud containment and disposal sites
2) Owner shall positively locate and stake the location of existing
pipelines and other underground facilities on Magellan's Easement
Tract, including exposing any facilities located within 10 feet of the
designed drilled path. Prior to commencing drilling operations, Owner
shall modify drilling practices and down -hole assetnblies to prevent
damage to existing pipelines and other facilities. Owner shall be
responsible for losses and repairs occasioned by damage all pipelines
and other facilities resulting from drilling or boring operations.
• If a pipeline cannot be confidently located with the above or
be positively identified by daylighting or other means,
line locating pleasures shall be in accordance with (add
hyperlink)
3) At all tinges, Owner shall provide and maintain instrumentation to
document and accurately locate the pilot hole and the drill bit, to
measure drill -string axial and torsional loads, and to measure drilling
fluid discharge rate and pressure. At Magellan's request, Owner shall
promptly provide Magellan with reasonable access to information and
readings provided by these instruments, including copies of any
written documentation.
4) Pilot Hole.
• The pilot hole shall be drilled along the path shown in the
plan and profile drawings. No pilot hole shall be made that
will result in any of the encroaching utility being installed in
violation of laws and regulations or of Magellan's
requirements described herein. However, safety for any
adjacent utilities and/or structures is of utmost importance.
Therefore, the listing of separation distances or tolerances
herein does not relieve Owner from responsibility for safe
operations or for damage to adjacent utilities and structures.
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• If tolerances are not specified in the plan and profile
drawings, the pilot hole shall have the following tolerances:
• Elevation of +0 feet and -15 feet
• Alignment of +/-20 feet as long as it does not come to
within 10 feet of a pipeline on Magellan's Easement
Tract
• Initial penetration of ground surface at exact location
shown in the plan and profile drawings
• Final penetration of the ground surface within +/-10 feet
of the alignment and within +30 feet and -0 feet of the
length shown in the plan and profile drawings
• Curves shall be drilled at a radius equal to or greater than
that specified in the plan and profile drawings. The
drilled radius will be calculated over any 3 joints (range
2 type drill pipe) segment using the following formula:
Rdrilled = (Ldrilled/Aavg) x 180/ir
Where: Rdrilled =drilled radius over Ldrilled
Ldrilled = length drilled; no less than 75 feet and no greater
than 100 feet
Aavg = total change in angle over Ldrilled
• At the completion of the pilot -hole drilling. Owner shall
provide to Magellan a tabulation of horizontal and
vertical coordinates, referenced to the drilled entry point,
which accurately describe the location of the pilot hole.
5) Drilling Fluids.
• The composition of drilling fluids proposed for use shall comply
with all applicable laws and regulations.
• Owner is responsible for obtaining, transporting and storing any
water required for drilling fluids.
• Disposal of drilling fluids and drill cuttings shall be Owner's
responsibility and shall be conducted in compliance with
applicable laws and regulations. Drilling fluid shall not be
disposed of by placing fluids on or under the surface of Magellan's
Easement Tract.
• Owner shall employ best efforts to maintain full annular
circulation of drilling fluids. Drilling fluid returns at locations
other than entry and exit points shall be minimized. If annular
circulation is lost, Owner shall take steps to restore circulation. If
inadvertent surface returns of drilling fluids occur, they shall be
immediately contained with hand -placed harriers (e.g., hay bales,
sand bags, silt fences, etc.) and collected using pumps as practical.
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If the amount of surface return is not great enough to allow
practical collection, the affected area will be diluted with fresh
water and the fluid will be allowed to dry and dissipate naturally. If
the amount of surface return exceeds that which can be contained
with hand -placed barriers, small collection sumps (less than 5
cubic yards) may be used unless permits or other regulations
prohibit the use of collection sumps. If the amount of surface
return exceeds that which can be contained and collected using
barriers or small sumps, or if the return of drilling fluids occurs in
the body of water proper, drilling operations will be suspended
until surface return volumes can be controlled.
6) As -Built Drawing. Owner shall promptly provide to Magellan an
as -built plan and profile drawing of the drilled crossing showing the
location of the new crossing as well as the location of pipelines on
Magellan's Easement Tract.
5. Roadway, Driveway, Railroad and Equipment Crossings. No roadway.
driveway, railroad or equipment crossings of any type shall be allowed to be
constructed parallel to any pipeline within the boundaries of Magellan's Easement
Tract.
a. Pipeline Integrity Inspection. A pipeline integrity review shall be
performed by Magellan as described in provision "6" under "C.
ENCROACHMENT PLANNING" (above).
b. Load Bearing and Stress Limit Requirements. Prior to any road,
driveway, rail bed or equipment crossing construction, Magellan's
engineer must determine whether the proposed compacted cover meets
Toad -bearing requirements and provides adequate protection to limit stress
on pipelines or other facilities, and must advise Owner of any additional
requirements necessary to provide adequate protection.
c. No Crossing over Pipeline Bend. Paved surfaces or rail beds shall not be
allowed to cross a pipeline bend (point of inflection).
d. Minimum Angle of Crossing. Crossings should be as close as possible to
90 degrees to pipeline(s) on Magellan's Easement Traci, but not less than
45 degrees.
e. Pipeline Casing Issues. Magellan prefers that cased roadway and railroad
crossings no longer be installed. If the carrier pipe under roadways and
railroads requires adjustment or relocation, then instead of using casing,
the carrier pipe will consist of extra strength material or heavier wall
thickness to accommodate the additional longitudinal stress due to
external loads. If a road or railroad crossing currently uses casing and the
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road or railroad is being widened and no other adjustment or relocation of
the carrier pipe is required, then Magellan may elect to extend the casing
pipe on the existing crossing(s) to accommodate additional road surface.
If casing is used, it must not end under the roadway surface or track
structure, but must extend across the entire length of the roadway or
railroad right of way.
f. Railroad Crossing Requirements. Railroads shall be installed with a
minimum compacted cover over the carrier pipe, as measured from the base of
the rail to the top of the pipe, as follows (see Figures 1 and .):
Location of Pipeline
Minimum Compacted Cover
Over Top of Pipeline
Under track structure proper
(Below bottom of rail)
6.0 feet
Under all other surfaces within the right of
way or from the bottom of ditches
3.0 feet
g. Roadway and Driveway Crossings. Roadways and driveways, shall be
installed with a minimum compacted cover over the carrier pipe, as
measured from the top of the roadway surface to the top of the pipe, as
follows (see Figures 2 and 4):
Location of Pipeline
Minimum Compacted Cover
Over Top of Pipeline
Under roadway surface proper
(Below surface of pavement)
4.0 feet
Under all other surfaces within the right of
way or from the bottom of ditches
3.0 feet
h. Crossing Pipelines Transporting Highly Volatile Liquids. For
pipelines transporting highly volatile liquids, minimum cover for a
crossing at a drainage ditch must be 4.0 feet.
i. When Additional Depth Required. Depth greater than the minimum
depths stated above may be required for a pipeline due to the combined
stress of internal pipeline pressure and external loading pressure.
Magellan will analyze each proposed crossing based on information
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provided by Owner to determine any additional depth that may be required
for the pipeline for safe operation.
j. Temporary Roads and Equipment Crossings. Any such road or
crossing must meet the following requirements:
• Must be located at a site approved by a Magellan field representative.
• Must provide adequate protection for pipelines and other facilities, as
determined by the appropriate Magellan engineer, so that the
compacted cover meets load -bearing requirements and provides
adequate protection to limit stress on the pipeline or other facilities.
• Owner shall place Six-inch wide plastic warning tape, McMaster -Carr
No. 8288T12 or equal, over each pipeline for the width of the
temporary road or equipment crossing, plus an additional 20 feet past
each outside edge of such temporary road or equipment crossing
k. Owner Required to Protect Magellan Pipelines. Magellan may require
Owner to put in place additional cover and/or stabilization (timbers, steel
plate, crushed rock, concrete slab, etc.) at any approved equipment
crossing in order to protect pipelines on Magellan's Easement Tract,
taking into account possible effects of weather, pipeline depth, and type of
vehicles proposed to cross the pipelines. Magellan will analyze each
proposed crossing based on information provided by Owner to deterrnine
any additional depth or protection that may be required for safe pipeline
operation.
1. Heavy Equipment - Definition and Requirements. IIeavy equipment
shall be defined as any vehicle having a gross weight in excess of 80,000
pounds. Heavy equipment shall be prohibited from working directly on
top of the active pipeline. For vehicles having a gross weight of 80,000
pounds or less, the pipeline must have a minimum of 4 feet of cover.
Magellan must analyze the additional longitudinal stress due to external
loads if the vehicles have a gross weight in excess of 80,000 pounds in
order to determine required pipeline depth for safe operation.
6. Parking Lots and Other Pavement.
a. Parking Lot and Pavement Requirements. All parking lots and other
pavement installed on Magellan's Easement Tract shall consist of a
flexible surface such as asphalt. No reinforced concrete will be allowed.
b. Pipeline Depth Under Parking Lot. The depth of pipelines under a
parking lot must meet or exceed compacted cover requirements listed in
the previous "Roadway, Driveway, Railroad, and Equipment Crossings'.
section above
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7. Waterway Crossings.
a. Pipeline Depth Requirements. If Owner proposes to cross a pipeline
with a waterway (river. stream, creek, irrigation canal, or drainage ditch),
such crossing must result in the pipelines meeting or exceeding the
minimum depth below the bottom of the waterway for compliance with
then current pipeline construction standards and federal, state, and local
regulations.
b. Requirements for Waterway Crossings:
1) Minimum Angle or Crossing. Crossings should be as close as
possible to 90 degrees to pipeline(s) on Magellan's Easement Tract,
but not less than 45 degrees.
2) Vertical Separation Requirements for Waterway Crossing.
Pipelines to be crossed must have a minimum vertical separation of
five (5) feet, as measured from the bottom of the waterway to the
outermost part of such pipelines, facility or appurtenance
3) Adding Weight to Pipeline for Negative Buoyancy. Owner shall
bear all liability and obligation for the cost of Magellan adding
sufficient weight or mechanical devices to any pipeline on Magellan's
Easement Tract crossed by a waterway in order to create negative
buoyancy for such pipeline.
8. Blasting.
a. Magellan Written Approval Required - Plan To Be Submitted.
Magellan must approve any proposed blasting operations that could affect
pipelines or facilities on Magellan's Easement Tract. Should blasting be
necessary, a comprehensive plan must be submitted to Magellan for
review and written approval.
h. Safety Considerations - Damage Prevention Plan. For safety and
preservation of Magellan assets. all blasting shall be in accordance with
federal, state, and local governing agencies and the Magellan's "Damage
Prevention Plan for Blasting Near Company Facilities". A copy of said
plan will be made available upon request.
E. EXCAVATION NEAR MAGELLAN PIPELINES.
1. STATE "ONE -CALL" REQUIRED. No excavation or activity listed in "/I.
GENERAL - 1. Encroachment Definition" above shall be performed by Owner in
the vicinity of Magellan's facilities or within Magellan's Easement Tract until
proper telephone notification has been made to the appropriate "One Call" system
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and a Magellan representative is on -site to monitor excavation activities. All of
the states in which Magellan conducts pipeline operations have "One Call" laws,
which require 48-72-hours notification prior to any excavation related activities.
After making a One -Call, the state One -Call agency will notify Magellan to mark
accurately, in a reasonable and timely manner, the location of Magellan's pipeline
facilities in the vicinity of the proposed encroachment.
2. ONE -CALL NOTIFICATION. The following list is provided for convenience,
but is not warranted by Magellan to be complete or accurate (telephone numbers
were copied from each slate's web site on 1/5/2004). Owner is required to
acquire and call the appropriate One -Call number(s) for its
location of activity.
Current "ONE -CALL" numbers and information can be found on each
state's "ONE -CALL" website:
Arkansas - http://www.arkonecall.com/ - 800 482-8998
Colorado - www.uncc2.org/ - 800 922-1987
Connecticut - www.cbyd.com/ - 800 922-4455
Delaware - www.missutility.net/delaware/ - 800 257-7777
Illinois - www.illinois1call.com/ - 800 892-0123
Iowa - www.iowaonecall.com/ - 800 292-8989
Kansas - www.kansasonecall.com/ - 800 344-7233
Minnesota - www.gopherstateonecall.org/ - 800 252-1166
Missouri - www.mo1call.com/ - 800 344-7483
Nebraska - www.ne-diggers.com/ - 800 331-5666
New Mexico - www.mnonecall.org/ - 800 321-2537
North Dakota - www.ndonecall.com/ - 800 795-0555
Oklahoma - www.callokie.com/ - 800 522-6543
South Dakota-wwwsdonecall.com/index.asp - 800 781-7474
Texas www.texasonecall.com/ - 800 245-4545
Wisconsin - www.diggershotline.com/ - 800 242-8511
Wyoming - www.onecallofwyoming.com/ - 800 849-2476
Alternatively, the National One -Call number - (888) 258-0808 - may be used
to register a proposed excavation and to subsequently notify underground
utility operators with assets in the vicinity.
3. Excavation Plan Approval. Owner shall submit to Magellan for its approval
plans for any proposed excavation on Magellan's Easement Tract. No excavation
15 of 17
MAGELLAN PIPELINE COMPANY, L.P.
GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14
BK 1426 PG 295
Magellan Midst eam Partners, L.P.
GENERAL ENCROACHMENT REQUIREMENTS
7.05—ADM-035
Asset Integrity I 07/01/23
Revision: 4 Page 16 of 17
on Magellan's Easement Tract shall be commenced until Owner has secured
Magellan's written approval of the plans. The excavation work shall be in
compliance with all applicable laws and regulations. Owner is also referred to the
Common Ground Alliance Best Practices (referenced in this document).
4. Magellan Representative On -Site for Excavation. A Magellan representative
must be on -site when an excavation is occurring on Magellan's Easement Tract
(see provision "2" under "A. General" beginning on page 1).
5. Removal of Side -Cutting Teeth from Equipment. Side -cutting teeth shall be
removed from buckets of excavating equipment.
G. Parallel Excavating Required. When, in preparation for crossing any pipeline
on Magellan's Easement Tract with any other pipeline or with electric line,
communication line, roadway or any other structure or facility, Owner needs to
locate the pipelines by use of mechanical means. Owner must perform such
locating activity by excavating parallel to each of the pipelines with such
mechanical means, but shall cease using the mechanical means when it reaches a
point within two feet of the Magellan pipeline (see next provision).
7. Exposing Pipeline by Hand. Excavating within 2 feet of any pipeline on
Magellan's Easement Tract shall be done by hand -digging until the pipeline is
exposed and its location is accurately known. Then, Owner must position the
excavation equipment so that from the point of operations the equipment will not
reach within 2 feet of any pipeline.
RAILROAD AND HIGHWAY CROSSINGS
(drawing of cased railroad crossing with
Minimum depth below ground
Minimum depth below ditch
End seal
Casing
Minimum depth below bottom of rail
Drainage ditch
Camerpipe
CASED RAILROAD CROSSING
FlGURE 16 of 17
MAGELLAN PIPELINE COMPANY, L.P.
GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14
BK 1426 PG 295
Magellan Midstream Partners, L.P.
GENERAL ENCROACHMENT REQUIREMENTS
7.05-ADM-035
Asset Integrity 07/01/23
Revision: 4 Page 17 of 17
(drawing of cased highway crossing with:
Minimum depth below ditch
Highway
Drainage ditch
Vent
Carrier pipe
End seal pipe
Casing
Minimum depth below surface of payment)
CASED HIGHWAY CROSSING
FIGURE 2
(drawing of cased highway crossing with:
Minimum depth below ditch
Railroad
Minimum depth below bottom of rail
Minimum depth below ground
Drainage ditch
Uncased carrier pipe)
UNCASED RAILROAD CROSSNG
FIGURE 3
(drawing of uncased highway crossing with:
Minimum depth below ditch
Highway
Drainage Ditch
Uncased Carrier Pipe
Minimum depth below Surface of Pavement)
UNCASED HIGHWAY CROSSING
FlGURE4
17 of 17
MAGELLAN PIPELINE COMPANY, L.P.
GENERAL ENCROACHMENT REQUIREMENTS REV. 1/1/14
BK 1426 PG 295
EXHIBIT C
WARNINNG
HIGH-PRESSURE PIPELINE(S)
CROSSING, EXCAVATION AND/OR CONSTRUCTION
PROHIBITED WITHOUT COMPLIANCE WITH SAFE
ONE-CALL AND WITHOUT WRITTEN PERMISSION FROM
MAGELLAN PIPELINE COMPANY, LLC
PLAN & PROFILE
LINE CREEK TRAIL CONNECTION RIVERSIDE, PLATTE COUNTY, MO
SNYDER & ASSOCIATES
ENGINEERS & PLANNERS, INC.
Sheet 1 of 1