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EXHIBIT "B" TO ENCROACHMENT AGREEMENT
<br />for damages, destruction of
<br />structures and for any consequential
<br />damages which may arise out of
<br />Magellan or its designees exercising
<br />dagefan's Easement rights or which
<br />.nay arise out of accessing
<br />Magellan's EasemeneTnct, pipelines
<br />or facilities.
<br />2. Buildings, Structures and
<br />Fences.
<br />a Buildings and Structures. No
<br />buildings, houses, barns, garages,
<br />patios, playhouses, sheds, septic
<br />systems or drain fields,
<br />swimming pools (above - ground
<br />or below- ground), reinforced
<br />concrete slabs or other similar
<br />structures will be permitted on
<br />tee Magellan's Easement Tract
<br />b. Septic System not permitted
<br />No septic - system, including any
<br />lateral lines will be pemtitted on
<br />Magellan's Easement Tract
<br />c. Rehdoing Walls. Retaining walls
<br />are not permitted on Magellan's
<br />Easement Tract.
<br />d. Fences. No fence shall be
<br />constructed or maintained on
<br />Magellan's Easement Tract
<br />without a written agreement
<br />0. Requirements for Fences. If
<br />fencing on Magellan's Easement
<br />Tract is authorized by a written
<br />agreement with Magellan, the
<br />fencing must comply with the
<br />following:
<br />I) Not Parallel to Pipeline No
<br />fence shall be allowed to be
<br />constructed parallel close
<br />than 10 feet to any Magellan
<br />pipeline, within the
<br />boundaries of Magellan's
<br />Easement Tract
<br />2) Fence Pmts Locttlov. No
<br />fence posts will be allowed to
<br />be within Eve (5) feet of any
<br />Magellan pipeline or facility.
<br />3) Gates Required Magellan
<br />may require any fence
<br />constructed within the
<br />bomdaries ofMagellan's
<br />Easement Tract to have gates
<br />of such size and suitability as
<br />is necessary or convenient for
<br />Magellan to access its
<br />pipelines and/or facilities for
<br />its operations, including
<br />inspections, at each point
<br />where the fence crosses a
<br />Magellan pipeline or facility
<br />boundary. Magellan shall be
<br />allowed to put a Magellan
<br />lock on such gates, which will
<br />allow access to Magellan's
<br />Easement Tract and/or
<br />facilities trough such gates.
<br />4) Angle of Fence Crosshrg. It
<br />is preferred that fence
<br />crossings be as close to 90
<br />degrees as possible.
<br />3. Landscaping, Elevation
<br />Changes and Water.
<br />a. Landscaping Definition.
<br />Landscapmg shall include,
<br />but not be Whited to, trees,
<br />shrubs, underground
<br />irrigation or sprinkler
<br />systems, sidewalk or other
<br />paths, retaining walls, temces
<br />or other land grade changes,
<br />nnthin
<br />Magellan's Easement Tract
<br />b. General Landscaping
<br />Requirements. 'lire following are the
<br />general rules for landscaping on
<br />Magellan's Easement Tract:
<br />I)Written Approval Landscaping
<br />proposed to be done on Magellan's
<br />Easement Tract must be approved
<br />by Magellan in a written
<br />encroachment agree/neu. Among
<br />other terms, the encroachment
<br />agreement will release Magellan
<br />from any liability for damages to
<br />the landscaping from the exercise
<br />of Magellan's Easement rights.
<br />2) Trees Not Permitted. Trees
<br />are not permitted on Magellan's
<br />Easement Tract
<br />3) Shrubs. Shrubs exceeding 3
<br />feet in height and/or obstructing
<br />the view of any Magellan pipeline
<br />marker posts are not permitted on
<br />Magellan's Easement Tract
<br />4) Irrigation Systems, Field
<br />Drain Linos, and Sidewalks.
<br />Irrigation systems, field drain lines
<br />and sidewalks that are to cross a
<br />Magellan pipeline must cross such
<br />pipeline at an angle as close to 90
<br />degrees as possible, but in no event
<br />at an angle less than 45 degrees
<br />and must comply with other
<br />applicable provisions of this
<br />document.
<br />c. No Water Bodks en Magellan's
<br />Easement Tract Retention of water,
<br />including but not limited to,
<br />Livestock ponds, lakes, retention
<br />ponds, or wetlands may not be
<br />constructed or fonned on Magellan's
<br />Easement Tract
<br />d. Surface Grade and Elevation
<br />Changes. Surface grade or elevation
<br />changes must be reviewed and
<br />approved in writing by Magellan
<br />4. Foreign Pipeline & UtWty
<br />Crossings.
<br />a. Minimum Angle for
<br />Plpeltne/UIWty Crossing. Any
<br />foreign pipeline or utility that is
<br />proposed to cross a Magellan
<br />pipeline must cross the Magellan
<br />pipeline at an angle as close l0 90
<br />degrees as possible, but in no event at
<br />an angle less than 45 degrees,
<br />b. Vertical Separation
<br />Requirement, for Crossing. Foreign
<br />pipeline(s), utilities (except high -
<br />voltage lines — see below) or flow
<br />lines should cross Magellan
<br />pipeline(s) with at least 24 inches of
<br />vertical separation Special written
<br />authorization must be given in the
<br />event vertical separation is less than
<br />that specified in these General
<br />Encroachment Requirements, The
<br />profaned method for a tbreign
<br />pipeline or utility to cross a Magellan
<br />pipeline is to cross below the
<br />Magellan pipeline.
<br />c Warning Tape Required.
<br />When eery foreign pipelne or
<br />utility line is proposed to cross
<br />a Magellan pipeline, Owner
<br />must place 6" wide McMaster-
<br />Can No. 8288T12 or equal
<br />within Magellan's Easement
<br />Tract
<br />in the following manner:
<br />1) The tape must be placed directly
<br />over (parallel to) and at least 15
<br />inches above the foreign line for
<br />the entire distance that it
<br />occupies Magellan's Easement
<br />Tact Additionally, the tape
<br />must be placed directly over
<br />(parallel to) and at least 15
<br />inches above each Magellan
<br />pipeline that is crossed for a
<br />minimum distance which is the
<br />greater of:
<br />(a) a minimum distance of20
<br />feet on each side of the
<br />Magellan pipeline, or
<br />(b) across the entire width of
<br />Magellan's Easement 'tract
<br />2) The placement of warning tape
<br />on each side ofMagellan
<br />pipeline(s) will not be required
<br />for utility cables that are
<br />installed using the directional
<br />dill or jacking method
<br />d Crossings Dy Metal Pipelines or
<br />Conduits. Metallic pipe crossing
<br />Magellan pipeline(s) may require
<br />Magellan to perform a cathodic
<br />protection interference survey. If
<br />interference with Magellan's
<br />cathodic protection system is
<br />detected and remediation is
<br />necessary, Owner agrees to
<br />cooperate with Magellan and to
<br />make necessary adjustments in
<br />Owner's interfering metallic pipe or
<br />other remediadon to correct such
<br />interfrence problem insure that the
<br />Magellan cathodic protection
<br />system is operating properly.
<br />e. Low- Vottago Crossing
<br />Requirements. Low voltage
<br />electrical, fiber optic, local service
<br />communication, long distance
<br />careier telephone, and low- voltage
<br />(12 —24 volt) utility cable should
<br />cross Magellan pipeline(s) with a
<br />adninutm of2el4ndres of vertical
<br />separation. Such cables shall be
<br />encased in a rigid, non.metaltic
<br />conduit when crossing Magellan
<br />pipeline(s),
<br />f. High- Voltage Crossing
<br />Requirements. High - voltage
<br />electrical cable (alternating
<br />current with voltage of 110 volts
<br />and higher) must cross Magellan
<br />pipeline(s) with a minimum vertical
<br />separation as follows:
<br />• 24- inches for 0 to 600 volts;
<br />• 30 -inches for 601 to 22,000 volts;
<br />• 36- inches for 22,001 to 40,000
<br />volts;
<br />• 42- inches for 40,001 volts and
<br />above.
<br />In the event a high - voltage electrical
<br />able crosses over a Magellan
<br />pipeline, the cable shall be encased
<br />in red concrete arrow the fiat
<br />width of Magellan's Easement
<br />Tract, unless a variance is granted
<br />by Magellan, as set forth below,
<br />g Written Authorization for
<br />Variance- Owner must have written
<br />authorization from Magellan foe any
<br />variance from the vertical
<br />separation requirements listed above
<br />and/or for any variance from the
<br />requirement for
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<br />General Encroachment Requirements — (L.P.— 3/23/" 3 -
<br />2 of 4
<br />encasement of high- voltage
<br />electrical lines in red concrete.
<br />b. Utility Poles and Guy Anchors.
<br />Utility poles and guy anchors
<br />shall not he placed on Magellan's
<br />Easement Tract without a written
<br />agreement. Witha written
<br />agreement poles and anchors
<br />may be placed no close than 20
<br />feet to any Magellan pipeline.
<br />Poles shall not be allowed to nee
<br />parallel to a Magellan pipeline
<br />within the Magellan Easement
<br />Tact
<br />L Directional Drilling / Daring.
<br />I) Prior to commencing any
<br />horizontal directional drilling,
<br />Comer shall submit plans
<br />showing procedure and
<br />material descriptions for
<br />Magellan's approval The
<br />plans and description shall
<br />include, but not be limited to
<br />the following:
<br />• Profile and plan showing
<br />location of entry and exit
<br />points
<br />• Work space required to
<br />perform the work
<br />• Mud contanenent and
<br />disposal sites
<br />2) Owner shall positively locate
<br />and stake the location of
<br />Magellan's existing pipelines
<br />and other underground
<br />facilities, including exposing
<br />any facilities located within
<br />10 feet of the designed drilled
<br />path. Prior to commencing
<br />drilling operations, Owner
<br />shall modify drilling practices
<br />and down -hole assemblies to
<br />prevent damage to
<br />Magellan's existing pipelines
<br />and other facilities. Owner
<br />shall be responsible for losses
<br />and repairs occasioned by
<br />damage all Magellan
<br />pipelines and other facilities
<br />resulting from dolling or
<br />boring operations.
<br />3) At all times, Owner shall
<br />provide and maintain
<br />instrumentation to document
<br />and accurately look the plot
<br />hole and the drill bit, to
<br />measure drill- string axial and
<br />torsional loads, and to
<br />measure drilling fluid
<br />discharge ate and pressure.
<br />At Magellan's request, Owner
<br />shall promptly provide
<br />Magellan with reasonable
<br />access to information and
<br />readings provided by these
<br />instruments, including copies
<br />of any written documentation.
<br />4) Pilot Hole.
<br />• The pilot hole shall be
<br />drilled along the path
<br />shown in the plan and
<br />profile drawings. No pilot
<br />(tole shall be made that
<br />will result in any of the
<br />encroaching utility being
<br />installed in violation of
<br />laws and regulations or of
<br />Magellan's requirements
<br />described herein.
<br />However, safety for any
<br />adjacent utilities and/or
<br />structures is ofutrnost
<br />importance. Therefore,
<br />the listing of separation
<br />distances or tolerances
<br />herein does not relieve
<br />Owner from responsibility
<br />for safe operations or for
<br />damage to adjacent
<br />utilities and structures
<br />• If tolerances are not
<br />specified in the plan and
<br />motile drawings, the pilot
<br />hole shall have the
<br />following tolerances:
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<br />• Elevation 0(00 feet and -15
<br />feet
<br />• Alignment of +/-20 feet as
<br />long as it does not coma to
<br />wihn ID feet of Magellan's
<br />pipeline
<br />• Initial penetration of ground
<br />surface at exact location shown
<br />in the plan and profile
<br />drawings
<br />• Final penetration of the
<br />ground surface within +/-10
<br />feet of the alignment and
<br />within +30 feet and -0 feet of
<br />the length shown in the plan
<br />and profile drawings
<br />• Curves shall be drilled at a
<br />radius equal to or greater than
<br />that specified in the plan and
<br />profile drawings. The drilled
<br />radius will be calculated over
<br />any 3 joints (range 2 type drill
<br />pipe) segment using the
<br />following formula:
<br />Rdrilled = (Ldriled/Aavg) x
<br />180/0
<br />Mime: Rdrilled= drilled radius
<br />over Ldrilled
<br />Ldrilled= length drilled; no
<br />less tun 75 feet and no greater
<br />than 100 feet
<br />Aavg = total change in angle
<br />over ',drilled
<br />• At the completion of the pilot -
<br />hole drilling, Owner shall provide
<br />to Magellan a tabulation of
<br />horizontal and vertical coordinates,
<br />referenced to the drilled entry
<br />point, which[ accurately describe
<br />the location of the pilot hole.
<br />5) DrWing Fluids.
<br />•The composition of drilling fluids
<br />proposed for use slug comply with
<br />al applicable laws and regulations.
<br />• Owner is responsible for
<br />obtaining, transporting and storing
<br />any water required for drilling
<br />fluids.
<br />• Disposal of drilling fluids and
<br />drill cuttings shall be Owner's
<br />responsibility and shaft be
<br />conducted in compliance with
<br />applicable laws and regulations.
<br />Drilling fluid shall nor be disposed
<br />of by placing fluids on or under
<br />the surface of Magellan's
<br />Easement Tract,
<br />• Owner shall employ best efforts
<br />to maintain fill annular circulation
<br />of drilling fluids. Drilling fluid
<br />returns at locations other than
<br />entry and exit points shall be
<br />minimized. If annular circulation
<br />is lost, Owner shall take steps to
<br />restore circulation. If inadvertent
<br />surface returns of drilling fluids
<br />occur, they shall be immediately
<br />contained with hand - placed
<br />barriers (e.g., hay bales, sand bags,
<br />silt fences, etc.) and collected
<br />using pumps as practical. If the
<br />amomtt of surface return is not
<br />great enough to allow practical
<br />collection, the affected area will be
<br />diluted with fresh water and the
<br />fluid will be allowed to dry and
<br />dissipate naturally. If
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