HomeMy WebLinkAboutItem 06.i
Date: July 20, 2020 Item No.
EASEMENT AGREEMENT WITH HOFFMAN CONSTRUCTION AND
ENCROACHMENT AGREEMENT WITH MAGELLAN PIPELINE COMPANY FOR
CSAH 70 IMPROVEMENTS FROM KENRICK AVENUE TO CEDAR AVENUE
Proposed Action
Staff recommends adoption of the following motion: Move to approve a Grant of Temporary
Parking Easement Agreement with Hoffman Construction Co. and an Encroachment Agreement
with Magellan Pipeline Company, L.P. for County State Aid Highway 70 Improvements from
Kenrick Avenue to Cedar Avenue, City Project 20-05.
Overview
The City and County are partnering to construct improvements along County State Aid Highway
(CSAH) 70 from Kenrick Avenue to Cedar Avenue to alleviate congestion, make safety
improvements and provide for increasing traffic levels. Improvements include construction and
extension of 220th Street between Grenada Avenue and Cedar Avenue, providing a new access to
Airlake Industrial Park. An Encroachment Agreement with Magellan Pipeline is required for the
construction and future maintenance of the portion of 220th Street that will cross Magellan
Pipeline’s gas pipelines and easement.
Hoffman Construction Co. (Contractor) requests to place and store a construction field trailer
within the City-owned parking lot located at 21490 Cedar Avenue. The field trailer would be used
by the Contractor, County and City staff for meetings for the duration of the project. The
Temporary Parking Easement Agreement stipulates the Contractor’s responsibilities.
Primary Issues to Consider
• The City-owned parking lot is currently used, and will continue to function, as a park and
pool facility; the construction field trailer will not impact the current use.
Supporting Information
• Temporary Parking Easement Agreement (Hoffman Construction Co.)
• Encroachment Agreement (Magellan Pipeline Company, L.P.)
Financial Impact: $NA Budgeted: Y☐ N☐ Source:
Related Documents: Lakeville 5-year Capital Improvement Plan (2020-2024)
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Alex Jordan, Assistant City Engineer
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(reserved for recording information)
GRANT OF TEMPORARY
PARKING EASEMENT
THIS GRANT OF TEMPORARY PARKING EASEMENT (“Agreement”) is made on
this _____ day of ____________, 2020, by the CITY OF LAKEVILLE, a Minnesota municipal
corporation, (“City”) and HOFFMAN CONSTRUCTION CO., a Wisconsin corporation,
("Grantee").
RECITALS
WHEREAS, the City is the fee owner in fee simple of real property in the City of Lakeville,
Dakota County, Minnesota which is legally described in Exhibit “A” attached hereto (“City
Property”). The City owns and operates the property for stormwater management, public parking and
access to natural areas and maintains a parking lot on the City Property;
WHEREAS, Grantee requires a temporary easement over, across, on, and through a portion
of the parking lot located on City Property as depicted in Exhibit B (“Temporary Easement Premises”)
for a construction trailer (“Trailer”) for use in connection with the County Road 70 Reconstruction
Project, City Project No. 20-05(“Project”);
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NOW, THEREFORE, in consideration of the sum of One and No/100 Dollars ($1.00) and
other good and valuable consideration to it in hand paid by Grantee, the receipt and sufficiency of
which is hereby acknowledged by the City:
1. Grant of Easement. The City hereby grants to the Grantee a temporary parking over
the Temporary Easement Premises, to have and to hold the same, unto the City, its contractors,
agents, servants and assigns, commencing upon execution of this document and expiring on the
earlier of: (i) completion of Grantee’s work on the Project; or (2) June 30, 2022. This grant of
easement includes the right of ingress to and egress from the Temporary Easement Premises for the
sole purpose of parking a Field Construction Trailer and associated security fencing in the location
depicted in Exhibit B; it being the intention of the parties hereto that the City hereby grants the uses
herein specified without divesting itself of the right to use and enjoy the Temporary Easement
Premises, subject only to the right of the Grantee to use the same for the purposes herein expressed.
Grantee, its agents and assigns, will restore the described Temporary Easement Premises to a
condition as nearly equal as possible to that which existed prior to Grantee’s use of the Temporary
Easement Premises.
2. Indemnification. Grantee shall indemnify, keep and hold the City, its elected
officials, officers, employees, and agents free and harmless from any and all liability on account
of injury or death of persons or damage to or depreciation in value of property occasioned by the
operation within or use of the Temporary Easement Premises by Grantee, its employees, agents
and contractors. The City shall not be indemnified for losses or claims occasioned through its own
negligence and/or the negligence of its contractors, agents, and employees.
3. Grantee to Defend Claims. In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Grantee at its sole cost and expense
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shall defend the City in such suit if written notice thereof is promptly given to Grantee within a
period wherein Grantee is not prejudiced by lack of such notice. If Grantee is required to
indemnify and defend, it will thereafter have control of such litigation, but Grantee may not settle
such litigation without the consent of the City, which consent shall not be unreasonably withheld.
This section is not, as to third parties, a waiver of any defense or immunity otherwise available to
the City; and Grantee, in defending any action on behalf of the City shall be entitled to assert in
any action every defense or immunity that the City could assert in its own behalf.
4. Damage to City Property. Grantee shall be responsible for any damage to City
Property and shall reimburse the City for any repairs required to City Property as a result of
Grantee’s use of City Property.
5. Compliance with Applicable Laws. Grantee shall at all times comply with all
applicable laws, ordinances, rules, regulations, and codes, federal, state, and local, whether now
or hereafter promulgated or enacted related to its use of the Temporary Easement Premises.
6. Insurance. Grantee shall, at all times during the term of this Agreement maintain
comprehensive general liability insurance coverage of the Temporary Easement Premises in amounts
equivalent, at a minimum, to the municipal liability limits in effect at any given time under Minnesota
State Law.
7. Miscellaneous Provisions.
A. This Agreement shall be a covenant running with the land and shall be binding upon
and inure to the benefit of the owners from time to time of the City Property.
B. The invalidity of any portion of this Agreement shall not impair in any manner the
validity, enforceability or effect of the rest of this Agreement.
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C. This Agreement may be executed in two or more counterparts each of which shall be
deemed to be an original, but all of which together shall constitute one and the same instrument.
D. This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
IN TESTIMONY WHEREOF, the City hereto has signed this easement this _____ day of
_______________________, 2020.
[Remainder of page intentionally left blank]
[Signature pages to follow]
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CITY OF LAKEVILLE
By:
Douglas P. Anderson, Mayor
By:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
________________, 2020, by Douglas P. Anderson and by Charlene Friedges, respectively the
Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
__________________________________
Notary Public
HOFFMAN CONSTRUCTION CO.
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By:
Its:
STATE OF ____________ )
)ss.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this ________ day of
________________, 2020, by _____________________ the _________________ of Hoffman
Construction Co., a Wisconsin corporation, on behalf of the corporation.
__________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oaks Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
AMP
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EXHIBIT A
The South 650.00 feet of the Northwest Quarter of Section 34, Township 114, Range 20, Dakota
County, Minnesota.
Except the North 55.00 feet of the South 140.00 feet of the East 1500.00 feet of the West 1840.00
feet of said Northwest Quarter.
[PID No. 22-03400-26-015]
(Abstract)
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EXHIBIT B
DEPICTION OF TEMPORARY EASEMENT PREMISES
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
(rev 7/15/2020)
(Drafted by & when filed return to: Magellan Pipeline Company, L.P., P. O. Box 22186, OTC-8 (S. Guthrie), Tulsa, Oklahoma 74121-2186,
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 P.O. Box 22186,
Tulsa, Oklahoma, 74121-2186, (hereinafter called "Magellan"), and City of Lakeville,
Minnesota, whose mailing address is 20195 Holyoke Avenue, Lakeville, MN 55044, their
successors, assigns, and grantees (hereinafter called "Owner").
WITNESSETH:
WHEREAS, Owner represents and warrants that Owner owns the right to construct a public
asphalt road on all the certain land (hereinafter “Subject Land”), described on attached Exhibit
“A” and made a part hereof; and
WHEREAS, Magellan is the owner of certain pipelines, pipeline facilities and appurtenances
(hereinafter referred to as the "Magellan Facilities") and easement rights therefor, (hereinafter
referred to as the "Easement", whether or not rights were granted in one or more documents or
acquired by operation of law). For purposes of this Agreement only, “Magellan’s Easement
Tract” shall be considered to be any area within Fifty (50) feet of any Magellan Facilities, unless
a different right of way tract width is specifically described in the Easement, in which case such
specified width shall define Magellan’s Easement Tract. The land referenced in the Easement
includes a portion of the Southeast Quarter of the Southeast Quarter (SE/4SE/4) of Section 33,
Township 114 North, Range 20 West; in Dakota County, MN pursuant to those certain instruments
recorded in the records of said county and state and described as follows:
1) Right of Way Agreement as to a pipe line or pipe lines dated August 30, 1930, from
A.J. Van Doren and Clara E. Van Doren, husband and wife, in favor of Great Lakes
Pipe Line Company (Magellan’s predecessor in title), its successors and assigns,
and filed for record in Book 40 at Page 392 of the Dakota County Register of Deeds;
and
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
(rev 7/15/2020)
2) Right of Way Agreement as to pipe line or pipe lines dated September 20, 1930,
from A.J. Van Doren and Clara E. Van Doren, husband and wife, in favor of Great
Lakes Pipe Line Company (Magellan’s predecessor in title), its successors and
assigns, and filed for record in Book 39 at Page 529 of the Dakota County Register
of Deeds; and
3) Partial Release of Right of Way dated December 12, 1972 from Williams Brothers
Pipe Line Company to Hitchcock Industries, Inc., releasing a portion of the rights
granted in the Right of Way Agreements listed above; and
WHEREAS, for the purposes of this Agreement an “Encroachment” is defined as any use of the
land within Magellan’s Easement Tract by someone other than Magellan which could interfere
with Magellan’s Easement rights or could create safety concerns related to Magellan’s Facilities
as more fully described in Magellan’s General Encroachment Requirements as set forth in
attached Exhibit “B” and incorporated herein by reference. Magellan does not permit or
authorize any Encroachments unless specifically approved in a written agreement
identifying all “Approved Encroachments”; and
WHEREAS, Owner desires to obtain Magellan’s consent for one or more Encroachments on
Magellan’s Easement Tract;
NOW, THEREFORE, in consideration of the covenants and agreements herein and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Magellan,
subject to the following terms and provisions, hereby consents to the Encroachments listed below
as “Approved Encroachments” described and limited pursuant to the following specified plan
drawings, which were furnished by Owner to Magellan (“Plan Drawings”) and attached hereto
as Exhibit “C”:
1) Minnesota Department of Transportation –Dakota County CSAH 70 Expansion and 220th
Street Road Project- State Project # 019-670-013, County Project No. 70-23. Title Sheet,
Sheet XS1 of XS1 and 220th Street Magellan Pipe Crossing.
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
(rev 7/15/2020)
TERMS AND PROVISIONS
1. Approved Encroachments. The Approved Encroachments, as further identified, described
and limited in the Plan Drawings as set forth in Exhibit “C” are limited to the following:
(a) 220th Street: Drawing Reference: Sheet XS1 of XS1 and 220th Street Magellan
Pipe Crossing:
Owner proposes to construct a public road on the Magellan Easement Tract and
across Magellan’s Facilities (Des Moines – Minneapolis #4-12”, Line 6185,
approximately ESN 11555+82– ESN 11557+53 and Des Moines – Minneapolis
#1-6”, Line 6177, approximately ESN 11555+82– ESN 11557+53). The new
roadway will consist of asphalt pavement and grading plans indicate that finish
grade will leave approximately four (4) feet of cover over Des Moines –
Minneapolis #4-12” and Des Moines – Minneapolis #1-6” and to the top of the
road surface. Sub-cuts of 12 inches will be allowed on the Magellan Easement
for the construction of the new roadway. Owner will maintain a minimum of four
(4) feet of cover between the pipelines and finish grade. A Magellan
representative is to be onsite during construction activities. Construction
activities will be limited over the pipeline during installation activities. See
“Heavy Equipment Crossing” for details.
(b) Heavy Equipment Crossing:
A minimum cover of four (4) feet shall be maintained for all equipment
crossings over the Magellan pipelines.
Tracked equipment and equipment exceeding the maximum wheel load of
80,000 lbs will not be allowed to cross the Magellan pipelines without further
evaluation of the pipeline stresses. If equipment exceeding the maximum wheel
load specified above will need to cross the pipelines, detailed information will
need to be received in order to perform pipe stress calculations. The following
information will need to be received to perform a more thorough analysis of
wheeled vehicles: loaded vehicle weight, number of axles on the front and rear,
and weight distribution between the front and rear axles. For equipment on tracks,
the following information is needed: loaded vehicle weight, length of track in
contact with the ground, and track width.
(c) Maintenance:
Periodic operation and maintenance activities related to 220th Street over, under,
and across the Magellan Easement Tract, subject to giving prior notice to
Magellan in accordance with Provisions No. 3 herein, including but not limited to
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
(rev 7/15/2020)
the following as deemed necessary by the Owner, approved by Magellan and in
accordance to the terms set forth in this Agreement.
2. No Other Encroachments. Except for the Approved Encroachments as defined in the
Agreement, Owner shall not create, erect, place or construct any other Encroachment on,
above or below the surface of the ground on Magellan’s Easement Tract, or change the grade
or elevation of the ground surface within Magellan’s Easement Tract or at any time plant or
allow any trees thereon or cause or permit any of these to be done by others, without the express
prior written permission of Magellan.
3. Magellan On-Site Representative. Exclusive of Saturday, Sunday, and legal holidays,
Owner shall notify Magellan a minimum of 48 hours in advance of any Encroachment
activities on Magellan’s Easement Tract so that Magellan may arrange to have a
representative present. At Magellan's option and at Owner's sole cost and expense,
Magellan's representative may be on site during all Encroachment activities over or within
ten feet (10') of the Magellan Facilities to confirm that no damage occurs to the Magellan
Facilities. The presence of Magellan's representative or any verbal instructions given by such
representative shall not relieve Owner 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 Owner 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, Owner shall stop all construction activities on Magellan’s Easement Tract until
said repairs are completed or until any unsafe construction practices are resolved to the
satisfaction of Magellan’s on-site representative. Written notification of such construction
activity shall be made to MAGELLAN PIPELINE COMPANY, Coordinator of
Operations & Maintenance, Jeff Brown, 2451 W. County Road C, St. Paul, MN 55113
Office: (651) 635-4283, Cell: (612) 257-4725, or such other representative of Magellan,
which Magellan may from time to time designate.
4. Protection of Magellan Facilities. Owner 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, Owner shall perform any necessary digging or excavation operations by hand
digging. Owner shall reimburse Magellan for all costs of having a representative of Magellan
on-site during construction activities related to the Approved Encroachments.
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
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5. Breach. If either Owner or Magellan breaches this Agreement and the non-breaching party
commences litigation to enforce any provisions of this Agreement, the reasonable cost of
attorneys' fees and expenses will be payable to the non-breaching party by the breaching party
upon demand, for all claims upon which the non-breaching party prevails.
6. Insurance. Owner 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 Owner or its contractors and subcontractors. Prior to
commencing any activities related to the construction of the Approved Encroachments, the
Owner must deliver to Magellan certificate(s) of insurance, naming Magellan Midstream
Partners, L.P. and its Affiliates as an additional insured. The limits set forth below are
minimum limits and will not be construed to limit the Owner’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 a claims-made form with an annual aggregate
limit of $1,500,000; and for project specific, an annual aggregate of $1,500,000. 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 $1,500,000 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.
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
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(d) In each of the above policies, the Owner or its contractors and subcontractors agrees to
waive and will require its insurers to waive any rights of subrogation or recovery either may
have against Magellan and its affiliated companies.
(e) Regardless of the insurance requirements above, the insolvency, bankruptcy, or failure of
any such insurance company providing insurance for the Owner 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 Owner agrees, upon request of Magellan, to submit a
certified copy of its insurance policies for inspection by Magellan.
(g) The Owner 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 Owner.
7. Indemnification. Owner 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 Owner’s breach of this Agreement or caused by or as a result of the construction, use,
maintenance, existence or removal of the Approved Encroachments and Other
Encroachments located on the Magellan Easement Tract. The presence of Magellan’s
representative or any instructions given by such representative will not relieve Owner 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. Nothing herein shall be deemed
a waiver by Owner of the limitations on liability set forth in Minnesota Statutes, Chapter 466,
and Owner shall not be obligated to indemnify Magellan for any amounts in excess of the
limitations on liability set forth in Minnesota Statutes, Section 466.04, less any amounts Owner
is required to pay on behalf of itself, its officers, agents, employees, or contractors for claims
arising out of the same occurrence.
8. Damage or Loss. Owner covenants that:
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
(rev 7/15/2020)
(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 Owner.
(b) If at any time, any encroachments belonging to or permitted by Owner 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 Owner to remove
such Other Encroachments, and if Owner refuses or fails to do so within a reasonable
time, Magellan’s may remove them from Magellan’s Easement Tract to a location off of
Magellan’s Easement Tract at Owner’s expense, unless they are allowed to remain by a
written agreement between Magellan and Owner. 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 Owner, and such Other Encroachments may not be repaired, replaced
or rebuilt on Magellan’s Easement Tract without a written agreement between Magellan
and Owner.
(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, Owner 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.
9. Magellan Rights. Magellan and Owner 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 Owner hereby grants and confirms all of
Magellan’s rights, title and estate as set forth in the Easement.
10. The terms and conditions of this Agreement will constitute covenants running with the land
and be binding upon and inure to the benefit of the parties hereto, their successors, assigns and
grantees. This Agreement may be executed in two or more counterparts, each of which shall
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
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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 WHEREOF, 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: _______________________________
Name: _____________________________
Title: Authorized Signatory_____________
Date: ___________________________, 2020
CITY OF LAKEVILLE, MINNESOTA
By: _____________________________
Name: _Douglas P. Anderson____________
Title: __Mayor__________________
Date: _________________________, 2020
By: _____________________________
Name: _Charlene Friedges___________
Title: _City Clerk________________
Date: _________________________, 2020
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
(rev 7/15/2020)
STATE OF OKLAHOMA )
) SS
COUNTY OF TULSA )
Before me, the undersigned, a Notary Public in and for the county and state aforesaid, on this
_____day of _____________, 2020 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/she
executed the foregoing instrument on behalf of said limited liability company as the free and
voluntary act and deed, for the uses, purposes and consideration therein set forth.
Witness my hand and official seal.
____________________________________
Notary Public
My commission expires:
____________________
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
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STATE OF MINNESOTA )
) SS
COUNTY OF DAKOTA )
Before me, the undersigned, a Notary Public in and for the County aforesaid, on this _____day
of_________________, 2020, personally appeared _________________________________ to
me known personally to be the ________________________, who being duly
sworn did acknowledge to me that he/she executed the foregoing instrument on behalf of said
CITY OF LAKEVILLE, MN as the free and voluntary act and deed of said municipal
corporation, for the uses, purposes and consideration therein set forth.
Witness my hand and official seal.
Notary Public
My Commission Expires:
__
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Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
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EXHIBIT “A”
SUBJECT LAND
The Southeast Quarter of the Southeast Quarter (SE/4SE/4) of Section
33, Township 114 North, Range 20 West; in Dakota County, Minnesota
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Dakota County, MN
DAKOTA C OUNTY, MINNESOTA
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Real Estate Rep:
Date:
Cynthia Pierce(918) 574-7464
03-05-2020
Drawn By:Adam Kilgore
0 100 200 30050
Feet
This copy is no t a survey and has been furnished byMagellan Pip elin e Comp an y, L.P. (Magellan) forinformation as to approximate locations only of anypipelines or other facilities shown thereon. Magellandisclaims any rep resen tations as to accuracy orcompleteness o f th e inform ation depicted on thiscopy and m akes n o warranties regarding accuracyor co mpleten ess o f such in formation depictedhereon. Actu al lo cations o f pipelines and facilitiesmust b e d etermined o n-site through timely contactwith the app ro priate On e C all agency - Call 811 -an d coord ination with Mag ellan. Excavation,grad ing, con structio n and/o r vehicle traffic in thevicinity of the pipelin e(s) and facilities shown onthis copy are proh ibited w itho ut written permissionfrom Magellan o r o ther ow ners of pipelines orfacilities depicted hereon.
Legend
Magellan Pipeline (Approx. Location)
Verizon #2-6" (Approx. Location)
220th St. W. (Approx. R/W )
!(Pothole Locations at R/W (Approx.)
Construction Plan
County
Section
Local F ield Rep:Jeff Brown(612) 257-4725
For Actual Pipeline LocationContact Local Field Rep.
MPL Project #:18-521C
Section 33T114N - R20W
Section 4T113N - R20WGranada AveCR 23 (Cedar Ave)Des Moines - Mpls. #4-12"Des Moines - Mpls. #1-6"
12
Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
(rev 7/15/2020)
EXHIBIT “B”
GENERAL ENCROACHMENT REQUIREMENTS
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13
Encroachment Agreement EA-F Xing – 3-28-05 – Tract 3186, Dakota County, MN - Agent HCP - Project 18-521C
(rev 7/15/2020)
EXHIBIT “C”
PLAN DRAWINGS
(For Recording Purposes Only Project Construction Plan Title Sheet, Plan Sheets XS1 of XS1
and 220th Street Magellan Pipe Crossing Will Be Recorded. This Agreement is Subject to the
Entire Project Construction Plans as Cited Herein.)
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