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HomeMy WebLinkAboutrequest for encrochmentMarch 9, 2010 ProductST" ENTERPRISE PRODUCTS PARTNERS LP ENTERPRISE PRODUCTS GP, LLC, GENERAL PARTNER ENTERPRISE PRODUCTS OPERATING LLC ENTERPRISE PRODUCTS OLPGR INC., SOLE MANAGER i Michael E. Coontz Weiner Development 520 Post Oak Blvd., Ste. 850 Houston, Texas 77027 RE: REQUEST FOR ENCROACHMENT ACROSS THE ENDEVCO IOLA LATERAL (SEMINOLE; LID #14; TRACT #BR -12 CAVITT; DB #1456) LETTER OF NO OBJECTION — BRAZOS COUNTY, TEXAS Dear Mr. Coontz: Pursuant to your request on behalf of College Station Marketplace (CS MARKETPLACE)'s proposed construction of one (1) concrete driveway (referred to as ENCROACHMENT) crossing the Endevco Iola Lateral pipeline, please be advised that Seminole Pipeline Company as represented by its operator Enterprise Products Operating LLC (COMPANY) hereby has no objection to the proposed ENCROACHMENT in consideration of CS MARKETPLACE'S agreement to the following requirements: A minimum of 48 hours (excluding weekends and holidays) prior to commencing construction activities relating to the Encroachment within ten feet (10') of COMPANY'S pipeline, CS MARKETPLACE shall notify, or shall require and be responsible for its contractors, agents, and subcontractors to notify local One -Call by dialing 811, as well as COMPANY'S Operations representative Ed Draus at (979) 203 -1464, so that Mr. Draus or his designated representative can be present during any approved construction operations. The following language must be conspicuously displayed on all drawings depicting the pipeline: WARNING! HIGH PRESSURE PIPELINE Excavation and /or Construction Prohibited without Prior Written Permission From Enterprise Products Operating LLC 2. CS MARKETPLACE'S crossing(s) will be as close to ninety (90) degrees as possible to COMPANY'S pipeline, but not less than forty -five (45) degrees. Approved bores and directional drills installed within ten feet (10') of COMPANY'S pipeline and facilities require physical verification of pipeline location prior to commencement of any work. 1 CS MARKETPLACE'S aforementioned driveway crossing(s) will be installed in such a way that a minimum vertical separation of five feet (5) is maintained between the top of COMPANY'S pipeline and the top of the paved surface(s). CS MARKETPLACE will maintain a minimum vertical separation of four feet (4') above the Pipeline at locations where construction activities will take place over the Pipeline. 4. CS MARKETPLACE will not move construction equipment across COMPANY'S pipeline and /or rights -of- way without the consent of COMPANY'S representative. Wherever CS MARKETPLACE is approved to cross COMPANY'S pipeline and/or rights -of -way with heavy equipment, CS MARKETPLACE will place matting or other suitable material over the pipeline as determined by COMPANY'S representative in the field. 5. CS MARKETPLACE may place excavated material inside COMPANY'S rights -of -way, but may not place such material over COMPANY'S pipeline unless approved by COMPANY'S representative. No equipment will be allowed to work over COMPANY'S pipeline unless approved by COMPANY'S representative. All mechanical digging equipment approved to work within the COMPANY'S rights -of -way must have the teeth removed or barred with a plate welded across the teeth. Any excavation within two feet (2') of COMPANY'S pipeline will be done by hand. P O. BOX 4324 2727 NORTH LOOP WEST HOUSTON, TX 77210 -4324 HOUSTON, TX 77008 -1044 713.880.6500 www.opplp.com 6. CS MARKETPLACE will not place large landscaping, including, but not limited to, trees and large shrubs with a mature untrimmed height greater than thirty -six inches (36 ") on COMPANY'S rights -of -way. No light or utility poles, fences, buildings, houses, barns, garages, patios, swimming pools, additional reinforced concrete slabs, or other permanent structures will be permitted on COMPANY'S rights -of -way. 7. Any and all use of COMPANY'S rights -of -way for temporary workspace and any and all crossings of the subject pipeline must be approved by COMPANY'S representative in the field, provided, however, that such approval shall not be unreasonably withheld. CS MARKETPLACE agrees to clean up and repair all damages to COMPANY'S rights -of -way resulting from the work on or across COMPANY'S rights -of -way. Any and all damage repairs and cleanup of COMPANY'S rights -of -way will be subject to COMPANY'S acceptance. 8. CS MARKETPLACE may place and maintain utility markers on either edge of COMPANY'S pipeline rights -of -way unless said markers interfere with landowner's or tenant's land use. 9. Within 120 days of the completion of the Encroachment across COMPANY'S rights -of -way, CS MARKETPLACE will provide to COMPANY at the above address a reproducible as -built drawing of the crossing(s), which shall include a distance of twenty -five feet (25') on each side of said crossing(s) along with depiction of elevations. 10. The existence of the Encroachment does not constitute a waiver of COMPANY'S express rights under the COMPANY'S grant of easement or any other rights which may be implied by law or equity. Should you have any questions, please call me at (713) 803 -1795 or contact me via e-mail at recurry(@eProd.com Reg Rebecca Curry Sr. Encroachment Analyst cc: Kyle L. Webster Marvin Thrasher Ed Sangel Leslie Huffman Ed Draus