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Easement plantings Page 1 of2 Marcie Diamond - FW: Gateway - Atmos Gas Easement Information From: To: Date: Subject: CC: "Ric Nelson" <Ric.Nelson@transwestem.net> <mdiamond@ci.coppel1.tx.us> 12/21/2006 12:20:35 PM FW: Gateway - Atmos Gas Easement Information "Reid Caldwell" <Reid.Caldwell@transwestem.net>, "Richard Nordyke" <richard.nordyke@obrienarch.com> Hello Marcie, I did not know whether Halff Associates submitted the attached Good Neighbor document from Atmos Energy. Mr. Russell Gilliam with Atmos Energy says we cannot place any clear story plantings in their easement. As I had previously suggested, they will allow for under story plantings with shallow spreading root systems like crepe myrtles and shrubbery product. This approval comes with the caveat that these plantings are not over the top of their line. Per the site plan you have and the second attachment above we can meet their requirements to provide the screening. We meet the City landscape requirements elsewhere on the site. We are only requesting the use of this easement to meet the City's request for parking screening between lot parcels. Look forward to seeing you this evening. Please let me know if you have any questions. Thank you for all you do, Ric Ric Nelson Vice President TRANSWESTERN Phone 214.446.45431 Fax 214.446.45701 Cell 972.804.9234 transwestern. net Iii TRANSWESTERN Tho Pwfo"""""""....~ in RuI E5brhI From: Graham, Cody [mailto:cGraham@Halff.com] Sent: Friday, December 15, 2006 3:22 PM To: Ric Nelson Cc: McGraw, Mark; Littleton, Dave; Richard Nordyke; mick.granlund@obrienarch.com; Reid Caldwell Subject: FW: Gateway - Atmos contact Ric, The "Hello Neighbor" document is attached. In addition, I have attached a drawing showing distances from our proposed back of curb to an estimated gas line location. Please note the gas line was located previously Qy others. The "NGAS PNT MRK" labeled on the drawing indicates a surface feature our surveyors tied. It does not necessarily indicate the exact location of the gas line. Our in-house locator you mentioned located the depth of the pipe in 2 places near our proposed storm sewer crossing. file://C:\temp\GW} 0000 I.HTM 12/21/2006 Page 2 of2 Please call with any questions. Thanks, Cody From: Graham, Cody Sent: Thursday, December 07, 2006 5:23 PM To: Ric Nelson Cc: Reid Caldwell; Mick Granlund; McGraw, Mark Subject: Gateway - Atmos contact Ric, Ron Hays has been our contact at Atmos. He sent us the attached "Hello Neighbor" document a while back. This document outlines Atmos' development regulations in gas easements. Ron is out of the office this week, and I left a message for a Bobby Rogers at Atmos. Hopefully we'll get in touch with him first thing in the morning. Thanks! Cody Graham II. .1. Halff Assoc.iates E.I.T. HALFF ASSOCIATES, INC. 8616 Northwest Plaza Drive Dallas, Texas 75225 Phone 214-346-6315 Fax 214-361-5573 www.halff.com file:/ /C:\temp\GW} 00001.HTM 12/21/2006 V AC AN T CATELLUS LAND AND DEVELOPMENT CORPORATION VOLUME 2003257, PAGE 3287 D.RDC.T. "',;Q\ , \ \ \ \0 X;~v\\ I~ \$'>, \\ \(v\ \ \\ \ \ \ \ \\ pi". \\ COlco lfliUl ~f~ pi" rJin ~:: 1/ t= ~ 10> '(J.1J~ 1 'Iv/' : rV O~ )7/, : <b 6> <'" -0 V'_ " ?\'\JS S? \)~/// ".\\G\.. . '/- \l'l?r , // / 6' 46'56'33' R' 770,00' T' 334,35' L' 630,86' C,L.'613,36' C.8,'511'48'27 '-lS--\ S\~? "J"o ~S 0- ,~"o a c," \" ~"M lfll"l,l I,cv ATMOS energy Hello Neighbor Atmos Energy welcomes the opportunity to work with landowners, developers, government agencies, political subdivisions and contractors on projects and activities planned in the vicinity of Atmos Energy's easements and rights-of-way. Please understand, however, that any plans or activities affecting Atmos Energy's facilities, easements or rights-of-way must be compatible with our obligations to comply with federal and state pipeline safety regulations in addition to providing reliable and cost effective service to our customers. The most effective way for Atmos Energy to ensure safe and effective operation of our pipelines is to keep our easements and rights-of-way free of obstructions. Conflicts between Atmos Energy's facilities, easements or rights-of-way and your plans may require adjustment of your plans or relocation of Atmos Energy's facilities. Atmos Energy's foremost consideration in evaluating your plans and activities is the safety of the public and compliance with federal and state pipeline safety regulations which have become significantly more stringent since 2002. It should be noted that any plans involving excavation are subject to the requirements of your State's One-Call Law. Please call the following numbers if your plans involve excavation: Colorado - 1-800-922-1987; Iowa - 1-800-292-8989; Louisiana - 1-800-272-3020; Tennessee - 1-800-351-1111; Virginia - 1-800-552-7001 Georgia - 1-800-292-7411; Illinois 1-800-892-0123; Kansas - 1-800-344-7233; Kentucky - 1-800-752-6007; Mississippi - 1-800-227-6477; Missouri -1-800-344-7483; Texas - 1-800-344-8377 or 1-800-545-6005; After contacting the One-Call system, Atmos Energy will mark the approximate location of any facilities it has in the vicinity of your excavation activity. In addition, many of the states where Atmos Energy operates have laws requiring a person performing construction across, on, over or under a pipeline easement or right-of-way to notify the pipeline operator so that the activity can be evaluated to ensure the safety of the public and the pipeline facility. Please contact your local Atmos Energy office to discuss any plans in proximity to an Atmos Energy facility, easement or right-of-way. The guidelines on the following pages are offered to help you understand the types of activities and construction that may be accommodated. It is important that you follow these guidelines and that you contact Atmos Energy before building, constructing, excavating, planting, or storing anything on the easement not specifically allowed under the guidelines. Your planned activities may impact the safe operation and maintenance of the pipelines on the easement. At Atmos Energy our goal is to provide natural gas service in a safe and reliable manner and working cooperatively with our neighbors we can accomplish this goal. We look forward to working with you!! Atmos Energy Corporation Hello Neighbor - March 31, 2006 Agriculture - see "Crops". Air Strips - see "Roads". Alleys - see "Roads". Anchors, Guy - may not be placed within the easement or right-of way. Barns - may not be constructed or placed within the easement or right-of-way. This includes pole barns. Basketball Courts - see "Recreation Courts". Bike Trails - bike trails, jogging trails, and sidewalks within the easement or right-of-way are subject to Atmos Energy's review. If permitted and an encroachment agreement is executed, sidewalks up to 48 inches wide and bike or jogging trails up to 72 inches wide of concrete or asphalt construction may cross easements or rights-of-way at near 90-degree angles. In no case may trails or sidewalks be located substantially along or over the top of Atmos Energy's facilities. Consideration may be given, however, to trails or sidewalks within a proposed subdivision to lie within and along the easement or right-of-way if the area is designated as a "greenbelt" with no lots placed within the easement or right-of-way. Sidewalks lying within the easement or right-of-way must be constructed with fiber mesh in lieu of steel reinforcement. Trails or sidewalks of concrete construction must incorporate expansion joints at the easement boundaries and at 10 foot intervals within the easement. At no time may any cover be removed from the easement or right-of-way without the prior written approval from Atmos Energy and in no case may cover over Atmos Energy's facilities be reduced to less than 36 inches (top of sidewalk or trail surface to top of pipe). Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Any excavation performed by a third party within 36 inches horizontally of Atmos Energy's facilities must be performed using hand tools or other methods approved by on-site Atmos Energy personnel. Blasting - is not permitted within the easement or right-of-way. Blasting outside of the easement or right-of-way but within 660 feet of Atmos Energy's facilities must be evaluated by Atmos Energy to determine the effect on Atmos Energy's facilities prior to initiating blasting activities. Boat Docks - may not be constructed or placed within the easement or right-of-way. Bridges - bridges crossing an easement or right-of-way are subject to review by Atmos Energy and may require an encroachment agreement. If permitted and an encroachment agreement is executed, bridges may cross the easement or right-of- way at near 90-degree angles. In no case may bridges be constructed substantially parallel to and within the easement or right-of- way. In no case may a bridge structure cross an easement within a horizontal distance of 25 feet to any relief or blowdown valve. Bridge crossings must maintain a minimum vertical clearance of 25 feet above grade across the easement. At no time may any cover be removed from the easement or right-of-way without the prior written approval of Atmos Energy and in no case may cover over Atmos Energy's facilities be reduced to less than 36 inches. Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Any excavation performed by a third party within 36 inches horizontally of Atmos Energy's facilities must be performed using hand tools or other methods approved by on-site Atmos Energy personnel. Bridge supports (piers, etc.) must not be placed within the easement or right-of-way. Electrical devices associated with or connected to the bridge structure must comply with the National Electric Code requirements. Buildings - may not be constructed or placed within the easement or right-of-way. This includes yard buildings, sheds and portable buildings. Building Materials - may not be placed or stored within the easement or right-of-way. Burning - burning of trash or vegetation within the easement or right-of-way is not permitted. Bushes - see "Landscaping". Campers - see "Mobile Homes". Campgrounds - Tents, trailers, campers and recreational vehicles may not be placed or parked within the easement or right-of- way. Cables, Telephone, Television and Communication - see "Utility Lines". Canals - see "Drainage Ditches". Car Ports - may not be constructed within the easement or right-of-way. Casings - see "Pipelines". Cattle Pens - see "Livestock Pens". Cemeteries - may not be constructed or placed within the easement or right-of-way. Burial oflivestock is likewise prohibited. Cess Pools - see "Septic Systems". Communication Lines - see "Utility Lines". Corrals - see "Livestock Pens". Coring - may not be performed within the easement or right-of-way. Crops - unless otherwise limited within the easement document, annual crops are permitted. Culverts - see "Drainage Ditches". Dams (Earthen, Concrete or of Other Material) - no portion of a dam or dike may be constructed over the easement or right- of-way. No cover or overburden may be removed from the easement or right-of-way in the construction of a dike or dam. Debris - may not be placed or stored within the easement or right-of-way. Decks - may not be constructed or placed within the easement. Detention Ponds - see "Water Impoundments". Dikes - see "Dams". Ditches, Open - see "Drainage Ditches". Ditches, Closed - see "Septic Systems". Hello Neighbor - March 31, 2006 2 Drain Tile - see "Septic Systems". Drainage Ditches - drainage ditches within the easement or right-of-way are subject to Atmos Energy's review. If permitted and an encroachment agreement is executed, drainage ditches may cross easements or rights-of-way at near 90-degree angles. In no case may a drainage ditch be located substantially along or over the top of Atmos Energy's facilities. Ditch design must provide adequate protection to prevent erosion. A minimum of 48 inches of cover over Atmos Energy's facilities (bottom of ditch to top of pipe) must be provided during and maintained after construction of earthen ditches. The encroaching party will be responsible for maintenance of the ditch so to prevent erosion within the easement. Ditches of reinforced concrete construction must provide a minimum 30 inches of cover over Atmos Energy facilities (bottom of concrete structure to top of pipe) during construction and after completion. Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Any excavation performed by a third party within 36 inches horizontally of Atmos Energy's facilities must be performed using hand tools or other methods approved by on site Atmos Energy personnel. Equipment crossing the easement or right-of-way during construction must be evaluated by Atmos Energy for external loads to determine if sufficient cover is available to protect Atmos Energy facilities. Atmos Energy shall not be responsible for any damage to ditches within the easement or right-of-way as a result of operation, maintenance or construction of Atmos Energy's facilities. Ditches that parallel the easement or right-of-way shall be located outside the easement or right-of-way and must not affect the lateral support of Atmos Energy's facilities or cause erosion within the easement or right-of-way area. Drains - see "Pipelines". Dredging - dredging may not be performed within the easement or right-of-way. Dredging outside of an easement or right-of- way that may contribute to erosion or loss of lateral support and impact the integrity of Atmos Energy's facilities must be evaluated by Atmos Energy to ensure that its facilities will not be adversely affected. Drilling - is not permitted within the easement or right-of-way. Driveways - driveways crossing the easement or right-of-way are subject to Atmos Energy's review. If permitted and an encroachment agreement is executed, driveways may be permitted to cross easements or rights-of-ways at near 90-degree angles. At no time may any cover be removed from the easement or right-of-way without the prior written approval of Atmos Energy and in no case may the cover over Atmos Energy's facilities be reduced to less than 36 inches (top of driveway surface to top of pipe). Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Any excavation performed by a third party within 36 inches horizontally of Atmos Energy's facilities must be performed using hand tools or other methods approved by on-site Atmos Energy personnel. The design of driveways subject to traffic other than passenger cars and light trucks may require additional cover. Driveways of concrete construction must be constructed with fiber mesh in lieu of steel reinforcement and incorporate expansion joints at 10-foot intervals across the easement or right-of-way. Driveways of concrete or asphalt construction must be provided with vent holes as specified by Atmos Energy. Atmos Energy shall not be responsible for damage to driveways or vehicles parked within the easement or right-of-way as a result of operation, maintenance or construction of Atmos Energy facilities. Earthwork - at no time may any cover be removed from the easement or right-of-way without the prior written approval of Atmos Energy and in no case shall cover over Atmos Energy's facilities be reduced to less than 36 inches. Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Any excavation performed by a third party within 36 inches horizontally of Atmos Energy's facilities must be performed using hand tools or other methods approved by on-site Atmos Energy personnel. Placement of additional cover over the easement or right-of-way is permitted as long as total cover over Atmos Energy's facilities does not exceed 72 inches. Any cover placed over Atmos Energy's facilities must be clean and free of foreign debris such as rocks larger than one-half inch (in any dimension), waste concrete chunks and metal scraps. Use of construction or heavy equipment over Atmos Energy facilities shall be evaluated by Atmos Energy prior to use to determine if additional cover or other protective measures over Atmos Energy's facilities is required. No excavation or other construction is permitted adjacent to the easement or right-of-way or near Atmos facilities that would threaten the integrity of the facilities, including producing or contributing to the loss oflateral support. See also "Erosion". Electric Lines - see "Utility Lines". Equipment - equipment that obstructs access to Atmos Energy's facilities may not be placed or parked within the easement or right-of-way. Erosion - earthwork or other construction within the easement or right-of-way that may contribute to erosion and impact the integrity of Atmos Energy's facilities is not permitted. Earthwork or other construction outside of an easement or right-of-way that may contribute to erosion and impact the integrity of Atmos Energy's facilities must be evaluated by Atmos Energy prior to initiating such earthwork or other construction to ensure that Atmos Energy's facilities will not be adversely affected. Excavation - see "Earthwork". Explosives - see "Blasting". Farming - see "Crops". Feed Storage - storage of agricultural feed (hay, stack lots, etc.), which obstructs access to Atmos Energy's facilities is not permitted within the easement or right-of-way. Fences - chain link, wood picket, barbed wire and other wire fabric fencing having a maximum height of 96 inches above grade are permitted to cross the easement or right-of-way at near 90-degree angles. In no case may fences be constructed substantially parallel to and within the easement or right-of-way. Except for setting of fence posts, cover may not be removed from or added to the easement or right-of-way without the prior written approval from Atmos Energy. Posts for fencing may not be closer than 36 inches to Atmos Energy's facilities (horizontal distance tangent of pipe to tangent of post) and may not be set at a depth of more than 24 inches. Posts for fencing must be either wood or steel. Concrete piers may not be placed within the easement or right-of- Hello Neighbor - March 31, 2006 3 way to support fencing. Other fencing or walls (e.g.: masonry, wrought iron, pipe, etc.) must be of a non-pier supported design, span the entire width of the easement or right-of-way and incorporate removable sections or panels to allow vehicular and equipment access to Atmos Energy's facilities. Spread footings for support of fencing or walls will be evaluated by Atmos Energy on a case-by-case basis. In addition to (but not in place of) removable sections or panels, gates having a minimum open width of 12 feet may be provided by the encroaching party to minimize the potential need to remove fence panels within the easement or right-of-way for access to Atmos Energy facilities. Atmos Energy shall not be responsible for any damage to, including replacement after removal, of non-agricultural fencing within the easement or right-of-way as a result of operation, maintenance or construction of Atmos Energy's facilities. Fire Lanes - see "Roads". Fires - see "Burning". Firewood Lots - see "Lumber". Fishing Piers - may not be constructed or placed within the easement or right-of-way. Foundations - may not be constructed or placed within the easement or right-of-way. Garages - see "Buildings". Gardens - are permitted within the easement or right-of-way; however, Atmos Energy shall not be responsible for damages resulting from any activity associated with operation, maintenance or construction on Atmos Energy's facilities. Gas Lines - see "Pipelines". Gazebos - see "Buildings". Grading - see "Earthwork". Grain Silos - see "Buildings". Grass - is permitted within the easement and right-of-way. Green Houses - may not be constructed or placed within the easement or right-of-way. Ground Cover - is permitted within the easement and right-of-way. Grubbing (Deep or Shallow) - grubbing within an easement or right-of-way may not be performed without prior written permission from Atmos Energy. Atmos Energy must review any plans for grubbing to ensure adequate cover is available and that external loads on its facilities can be accommodated. Guy Wire Anchors - see "Anchors, Guy". Guy Wires - see "Wires, Guy". Hay Bales - see "Feed Storage". Highways - see "Roads". Hot Tubs -see "Water Impoundments". Houses - may not be constructed or placed within the easement or right-of-way. Houses include single and multi-family dwellings. Industrial Waste - may not be placed or stored within the easement or right-of-way. Irrigation Systems - see "Sprinkler Systems" Jogging Trails - see "Bike Trails". Lakes - see "Water Impoundments". Landscaping - may not substantially impair or impede access to Atmos Energy's facilities. Bushes and shrubs having a mature or controlled height of 48 inches or less are permitted within the easement or right-of-way, but may not be placed or planted within 10 feet of Atmos Energy's facilities. Decorative or ornamental trees having a mature or controlled height of 96 inches or less are permitted within the easement or right-of-way, but may not be placed or planted within 15 feet of Atmos Energy's facilities. Any excavation performed by a third party within 36 inches horizontally of Atmos Energy's facilities must be performed using hand tools. Atmos Energy shall not be responsible for the condition of or damage to any landscaping within its easements or rights-of-way as a result of operation, maintenance or construction of Atmos Energy facilities. Lines - see "Utility Lines". Livestock Pens - may not be constructed within the easement or right-of-way. Temporary containment areas not requiring piers or driven posts are permitted. Lumber - wood cut for commercial purposes, including firewood, saw logs, lumber, etc. may not be placed within the easement or right-of-way without prior written approval from Atmos Energy. Manufactured Housing - see "Mobile Homes". Marinas - may not be constructed within the easement or right-of-way. Material- see "Non-Permanent Facilities or Activities". Microwave Towers - see "Structures". Mines and Mining - mines or quarries within 660 feet of Atmos Energy facilities must be evaluated by Atmos Energy to ensure that lateral support of Atmos Energy's facilities can be maintained. Mobile Homes - may not be placed or parked within the easement or right-of-way, whether inhabited or not. Non-Permanent Facilities or Activities - temporary facilities or activities that are non-permanent in nature, such as temporary roads and crossings, construction staging areas, personal property stored or staged, etc. within the easement or right-of-way require the prior written approval of Atmos Energy. Materials such as rock, brick, lumber, logs, etc. may not be permanently stored within the easement or right-of-way area. Temporary storage of material on the easement or right-of-way may be permitted at Atmos Energy's discretion on a case-by-case basis. Temporary storage must normally be readily removed by the encroaching party within 24 hours after notification. Hello Neighbor - March 31,2006 4 Nursery Stock - may not be planted, placed, or stored within the easement or right-of-way. Overhangs from Buildings and Structures - may not be constructed or placed over the easement or right-of-way. This includes, but is not limited to, eaves, porches, balconies, stairs, parapets, ladders, bracing, arms from signs and utility poles, etc. See also "Poles". Parking Areas - hard surface parking areas (concrete, asphalt, etc.) may not be constructed within the easement or right-of-way. Relocation of Atmos Energy's facilities will be required if encroachment of a hard surface parking area cannot otherwise be eliminated. Unpaved areas to be used for parking must be evaluated by Atmos Energy for external loads to determine if additional cover over its facilities is required. At no time may cover be removed from the easement or right-of-way for an unpaved parking area without the prior written approval of Atmos Energy and in no case may cover over Atmos Energy's facilities be reduced to less than 36 inches. Placement of additional cover over the easement or right-of-way for approved unpaved parking areas is permitted as long as total cover over Atmos Energy's facilities does not exceed 72 inches. Parks - parks are permitted within the easement or right-of-way as long as permanent tables, pavilions, playground equipment, shelters, goal posts, back stops, etc. are not located within the easement or right-of-way. Patios - may not be constructed within the easement or right-of-way. Pavement and Paving - may not be constructed or placed over the easement or right-of-way. Pavilions - permanent structures for pavilions may not be constructed within the easement or right-of-way. Picnic Areas - permanent structures for picnic areas may not be constructed within the easement or right-of-way. Pick-Up Campers - see "Mobile Homes". Piers - may not be constructed or located within the easement or right-of-way. This includes, but is not limited to, concrete piers for masonry walls, traffic signal devices, billboards, signage, and bridges. Pile Driving - pile driving is not permitted within the easement or right-of-way. Pile driving outside of, but within 660 feet of the easement or right-of-way must be evaluated by Atmos Energy prior to the initiation of pile driving operations to ensure that seismic effects will not adversely affect the integrity of Atmos Energy's facilities. Pipelines - underground piping (including, but not limited to, gas, water, liquid hydrocarbons, sewer, and drains.) may cross the easement or right-of-way at near 90-degree angles in a straight line parallel to grade under Atmos Energy's facilities. In no case may underground piping be constructed and laid substantially parallel to and within the easement or right-of-way. At no time may the cover be removed from the easement or right-of-way without the prior written approval of Atmos Energy and in no case may cover over Atmos Energy's facilities be reduced to less than 36 inches. Underground piping installed using open ditch construction must be marked with color-coded concrete or plastic tape (two strands of 4-inch minimum width) placed above piping crossing within the easement. Color codes must comply with American Public Works Association standards. A minimum vertical separation of 18 inches must be maintained between the bottom of Atmos Energy's facilities and top of third party's marking material. Piping installed by boring or horizontal directional drilling must maintain a minimum vertical separation of 18 inches between bottom of Atmos Energy facilities and top of third party piping. Valves, fittings or other appurtenances must not be located or placed within the easement without prior written approval of Atmos Energy. Any excavation performed by a third party within 36 inches horizontally of Atmos Energy facilities must be performed using hand tools or other methods approved by on-site Atmos Energy personnel. Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Above ground piping may not cross the easement or right-of-way unless necessary for interconnection to Atmos Energy's facilities and the location is given prior written approval by Atmos Energy. Equipment crossing the easement or right-of-way during construction must be evaluated by Atmos Energy for external loads to determine if additional cover or other protective measures over the facilities are required. Pipes - see "Pipelines". Playgrounds - see "Parks". Poles - poles, sign supports, basketball-goal poles, radio transmISSIOn and/or recelvmg towers, power line towers, communication towers, etc. may not be located within the easement or right-of-way. This includes any attachments, structural members, cross arms, braces or extensions connected to poles or towers hanging over the easement or right-of-way. Pole Buildings - see "Barns" and "Buildings". Ponds - see "Water Impoundments". Portable Buildings - see "Buildings". Power Lines - see "Utility Lines". Plowing - plowing of agricultural property for cultivation of annual crops is permitted unless otherwise limited within the easement document. Plowing for other purposes within the easement may not be performed without prior written permission from Atmos Energy. Atmos Energy must review any plans for plowing to ensure adequate cover is available and that external loads on its facilities can be accommodated. Quarries - see "Mines". Radio Transmission and Receiving Towers - see "Structures". Railroads - railroads crossing an easement or right-of-way are subject to review by Atmos Energy. If permitted and an encroachment agreement is executed, railroads may cross easements or rights-of-way at near 90-degree angles. In no case may railroads be constructed substantially parallel to and within the easement. Railroad crossings must comply with Atmos Energy standards and guidelines and shall be evaluated by Atmos Energy to determine if the crossing can be constructed without modification of the crossing design or relocation of Atmos Energy's facilities. Equipment crossing the easement during construction must be evaluated by Atmos Energy for external loads and the need for additional cover or other protective measures over the facilities. Hello Neighbor - March 31, 2006 5 Recreation Courts - may not be constructed or located within the easement or right-of-way. Recreational Vehicles - see "Mobile Homes". Reservoirs - see "Water Impoundments". Retaining Walls - may not be constructed or placed within the easement. This includes those made from or constructed of steel, concrete, timber, rock or other material. Roads - roads crossing an easement or right-of-way are subject to review by Atmos Energy. If permitted and an encroachment agreement is executed, roads may cross the easement or right-of-way at near 90-degree angles. In no case may roads be constructed substantially parallel to and within the easement. Road crossings must comply with Atmos Energy standards and guidelines and shall be evaluated by Atmos Energy to determine if the road can be constructed without modification of the crossing design or relocation of Atmos Energy's facilities. Equipment crossing the easement or right-of-way during construction must be evaluated by Atmos Energy for external loads to determine if additional cover or other protective measures over the facilities are required. At no time may cover be removed from the easement or right-of-way without the prior written approval of Atmos Energy and in no case may cover over Atmos Energy's facilities be reduced to less than 60 inches (top ofroad surface to top of pipe). Any excavation performed by a third party within 36 inches horizontally of Atmos Energy facilities must be performed using hand tools or other methods approved by on-site Atmos Energy personnel. Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Runways - see "Roads". Salvage Yards - may not be located or placed within the easement or right-of-way. Sanitary Sewer Systems - see "Septic Systems". Seismographic Activity - seismographic work within 660 feet of Atmos Energy's facilities must be evaluated by Atmos Energy prior to initiating seismographic activities to ensure that such activity does not adversely affect the integrity of Atmos Energy's facilities. Septic Systems - holding tanks and perforated lateral lines for septic systems may not be constructed or placed within the easement or right-of-way. If provided for in an encroachment agreement, lateral lines constructed of solid impervious material may cross the easement or right-of-way using the same criteria as for "Pipelines", but in no case be permitted to run substantially parallel to and within the easement. If placement of lateral lines below Atmos Energy facilities is not practical, lines constructed of solid PVC may cross over (above) Atmos Energy facilities at near 90-degree angles using the same criteria as for "Pipelines", if provided for in an encroachment agreement, but must maintain a minimum of 18 inches clearance (bottom oflateralline to top of Atmos Energy pipe). Two strands of 4-inch wide marker tape must be placed above the third party pipe crossing above Atmos Energy Energy's facilities. Color codes must comply with American Public Works Association standards. Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Sewer Lines - see "Pipelines". Sheds - see "Buildings". Shops - see "Buildings". Shrubbery & Shrubs - see "Landscaping". Sidewalks - see "Bike Trails". Signs - see "Poles". Slabs - see "Foundations". Spas - see "Water Impoundments". Sprinkler Systems - may cross the easement or right-of-way below Atmos Energy facilities at near 90-degree angles. A minimum vertical separation of 18 inches must be maintained between bottom of Atmos Energy facilities and top of sprinkler piping. Sprinkler systems may cross above Atmos Energy facilities at near 90-degree angles if placed at a depth not greater than 12 inches and maintains a minimum vertical separation of 18 inches between the top of the Atmos Energy facilities and bottom of the sprinkler pipe. Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Any excavation performed by a third party within 36 inches horizontally of Atmos Energy facilities shall be performed using hand tools or other methods approved by on-site Atmos Energy personnel. Sports Facilities - see "Parks". Staging Areas - staging areas for materials or equipment shall not be placed within the easement or right-of-way without prior written approval from Atmos Energy. Stock Tanks - see "Water Impoundments". Streets - see "Roads". Structures - may not be constructed or placed within the easement or right-of-way. Subdivisions - subdivisions must be evaluated by Atmos Energy to resolve potential conflicts prior to development. The property may not be subdivided using Atmos Energy's facilities as the dividing line. Any dividing lot line parallel to the easement or right-of-way must be at the boundary of the easement or right-of-way or Atmos Energy property line. Subdivision lot lines crossing Atmos Energy facilities may cross at an angle of not less than 60 degrees. Except for Atmos Energy approved crossings, Atmos Energy easement and other property rights are not available for third party uses such as a public utility easements, roads, or alleys. It is preferred that the Atmos Energy easement or right-of-way be utilized as an open-space "greenbelt" area for parks, jogging trails, etc. rather than for subdivision lots, fences and driveways crossing the easement. An encroachment agreement will be required to identify the specified non-Atmos Energy utilization of the property within the easement. Swimming Pools - see "Water Impoundments". Hello Neighbor - March 31, 2006 6 Telephone Lines - see "Utility Lines". Temporary Equipment Crossings - temporary equipment crossings are subject to review by Atmos Energy. Ifpermitted and an encroachment agreement is executed, temporary equipment crossings may cross the easement or right-of-way at near 90-degree angles. In no case may a temporary equipment crossing be constructed substantially parallel to and within the easement or right- of-way. Crossings shall comply with Atmos Energy standards and guidelines and shall be evaluated by Atmos Energy to determine if the crossing can be constructed without modification of the crossing design or relocation of Atmos Energy's facilities. Equipment crossing the easement or right-of-way during construction of the temporary crossing must be evaluated by Atmos Energy to determine if additional cover or other protective measures over the facilities are required. At no time shall cover be removed from the easement or right-of-way without the prior written approval of Atmos Energy and in no case may cover over Atmos Energy's facilities be reduced to less than 60 inches (top of crossing surface to top of pipe. Atmos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Any excavation performed by a third party within 36 inches horizontally of Atmos Energy facilities shall be performed using hand tools or other methods approved by on-site Atmos Energy personnel. The encroaching party must maintain the minimum specified cover during the life of the temporary crossing. Temporary Roads - see "Temporary Equipment Crossings". Tennis Courts - see "Recreation Courts". Terraces - terracing must be evaluated by Atmos Energy to ensure adequate cover is available for Atmos Energy's facilities and that final grades will not create future erosion and lateral support problems. At no time may cover be removed from the easement or right-of-way without the prior written approval of Atmos Energy and in no case may cover over Atmos Energy's facilities be reduced to less than 36 inches. Atmos Energy may require that an Atmos Energy representative be on site during any excavation or grading activities. Any excavation or grading performed by a third party within 36 inches horizontally of Atmos Energy facilities shall be performed using hand tools or other methods approved by on-site Atmos Energy personnel. Towers - see "Structures". This includes electric transmission towers, power line towers, communications towers, radio towers, microwave towers, etc. Trailers, Camp, House, or Travel- see "Mobile Homes". Trash - disposal of trash and waste is not permitted within the easement. This includes, but is not limited to garbage, junk cars, old furniture, household refuse, brush, rock, dirt, etc. Travel Trailers - see "Mobile Homes". Trees - are not permitted to be placed or planted on the easement or right-of-way except as permitted under "Landscaping". Unpaved facilities - see "Earthwork". Utility Lines (Above Ground and Overhead) - power, telephone, communication, and television cable lines may cross easements or rights-of-way at near 90-degree angles. In no case may a utility line be constructed substantially parallel to and within the easement or right-of-way. At no time may cover be removed from the easement or right-of-way without the prior written approval of Atmos Energy and in no case may cover over Atmos Energy's facilities be reduced to less than 36 inches. Above ground utility lines must not be constructed or placed within a horizontal distance of 25 feet of a blow-off or relief valve installation. See also "Poles". Utility Lines (Underground) - power, telephone, communication, and television cable lines may cross below Atmos Energy's facilities at near 90-degree angles in a straight line parallel to grade. In no case may underground utility lines be constructed and laid substantially parallel to and within the easement or right-of-way. Underground utility lines installed using open ditch construction shall be marked with color-coded concrete or plastic tape (two strands of 4-inch minimum width) placed above third party utility lines within the easement or right-of-way. Color codes shall comply with American Public Works Association standards. A minimum vertical separation of 18 inches shall be maintained between the bottom of Atmos Energy's facilities and top of third party marking material. Utility lines installed by boring or horizontal directional drilling shall maintain a minimum vertical separation of 18 inches between bottom of Atmos Energy facilities and top of third party facilities. In addition, electric power lines shall be encased in PVC conduit within the easement. Almos Energy may require that an Atmos Energy representative be on site during excavation and construction of the crossing. Wading Pools - see "Water Impoundments". Waste Disposal- see 'Trash". Water Impoundments - water may not be impounded over the easement or right-of-way. Lakes, ponds, reservoirs, stock tanks, swimming pools, wading pools, hot tubs, spas, etc. may not be constructed or placed over the easement or right-of-way. This includes, but is not limited to stock tanks and above-ground and in-ground swimming pools and hot tubs. Water Lines - see "Pipelines". Wells - wells (water, oil, gas, storage, disposal, injection, etc.) may not be drilled within the easement or right-of-way. Wetlands - may not be constructed within or created over the easement or right-of-way. Wires, Guy - must maintain a minimum vertical clearance of 18 feet above grade over an easement. Wood - see "Lumber". Hello Neighbor - March 31, 2006 7