The URL can be used to link to this page

Home My WebLink AboutBonneville Power Administration DOE US - Land Use Agreementxrq� F Department of Energy " Bonneville Power Administration c 2211 North Commercial Avenue Pasco, WA 99301 January 17, 2017 BPA Case No.: 20160307 TractNo.(s): F -R -I -SAC -1 Line Name(s): Franklin -Riverview (operated as Franklin -Ruby Street No. 1) ADNO(s): 9227 Location: 200' BOL of Structure No.: 1/6 Stationing: 12+50 LAND USE AGREEMENT Consent to Use of BPA's Easement Area This Land Use Agreement ("Agreement") is entered into by and between the United States of America, Department of Energy, Bonneville Power Administration ("BPA") and City of Pasco ("Holder"). BPA holds easement rights ("BPA Easement") over the following described property ("BPA Easement Area"): The SEIANW IA of Section 27, Township 9 North, Range 30 East, Willamette Meridian, Franklin County, State of Washington, as shown on the attached segment of BPA Drawing No. 110701, marked as Exhibit A. Holder has requested BPA's permission to use portions of the real property subject to the BPA Easement for an underground sewerline crossing with 30" casing. ("Holder's Facility"). Subject to the terms and conditions set forth in this Agreement, BPA consents to Holder's use of the BPA Easement Area for the purpose proposed by Holder, and concurs that such use will not interfere with the current operation and maintenance of BPA's transmission facilities, if constructed in the manner and at the location shown on Exhibit A, attached hereto and made a part hereof. In consideration of BPA's concurrence, Holder agrees to the following: This Agreement does not grant any right, privilege, or interest in land, and does not modify, change, or otherwise alter the rights BPA acquired by deed. Loss of the privileges granted by this Agreement is not compensable to Holder. Case No.: 20160307 Tract No.: F -R -I -SAC -I 2. Holder is responsible for obtaining from the underlying landowner ("Landowner"), by good and sufficient legal instrument, all rights, interests and privileges for land use necessary and incident to the ownership and maintenance of Holder's Facility. 3. There may be other uses of the property located within the same area as Holder's Facility. This Agreement is subject to such superior rights. 4. This Agreement is valid only if Holder's Facility is constructed, operated, and maintained in conformance with the terms of this Agreement and all attached Exhibit(s). Relocations, changes or upgrades require BPA's prior written approval. Failure to obtain the written approval of BPA prior to making alterations to Holder's Facility shall result in the termination of this Agreement. 5. Holder acknowledges and agrees that Holder's use of the property is subordinate to BPA's easement rights. BPA reserves the right to trim or remove trees, brush or shrubs or to remove any other encroachment within the BPA Easement Area which might interfere with the operation, maintenance, construction, removal or relocation of BPA's facilities. Holder agrees to alter, relocate or remove Holder's Facility, at no cost to BPA, to correct an interference with BPA's easement rights or to accommodate future modifications of BPA's facilities. 6. Holder agrees to abide by and comply with all applicable Federal, State and local laws and regulations, including, but not limited to building and safety codes, rules issued by utility commissions, the National Electric Safety Code, entities that regulate Holder, and all applicable environmental regulations. Induced voltages and currents may occur on items constructed or placed under or near high voltage transmission lines. BPA has no duty to inspect Holder's Facility or to warn of hazards. Holder shall have the continuing responsibility for the protection of personnel and equipment in the design, construction, operation and maintenance of Holder's Facility. 8. This Agreement is entered into with the express understanding that it is not assignable or transferable to other parties without the prior written consent of BPA. 9. BPA may terminate this Agreement upon 30 days written notice. Holder shall, within 120 days of receiving such notice of termination, and at Holder's sole expense, vacate and restore the BPA Easement Area to a condition satisfactory to BPA. Upon Holder's failure to vacate and restore the BPA Easement Area within the above stated time period, BPA may remove Holder's Facility and restore the BPA Easement Area at Holder's expense. 10. A copy of this Agreement shall be physically located at Holder's project site during construction activities. Holder's employees, contractors and representatives shall adhere to all conditions and requirements listed herein. 11. Additional terms and conditions specific to Holder's Facility may be included as part of this Agreement as Exhibit B, attached hereto and made a part hereof. 12. Holder agrees to assume risk of loss, damage, or injury which may result from Holder's use of the BPA Easement Area, except for such loss, damage, or injury for which BPA may be responsible under the provisions of the Federal Tort Claims Act, 62 Stat. 982, as amended. Case No.: 20160307 Tract No.: F -R- I -SAC-1 13. Any damage to BPA's property caused by or resulting from Holder's use of the BPA Easement Area may be repaired by BPA, and the actual cost of such repair shall be charged against and be paid by Holder. 14. Holder's contact information: NAME: City of Pasco ADDRESS: 525 N. Third Avenue Pasco, WA 99301 PHONE: (509) 545-3444 EMAIL: reed( JenninjSt6PrRsco—wajo✓ Holder agrees to notify BPA in writing of any changes to the above listed contact information. This Agreement becomes effective upon the signature of all parties. 7�__ /1� - i� Da ve Za del, Print Name 04� M anmer Title applicabl THIS AGREEMENT IS HEREBY AUTHORIZED: Power Administration z - -. V-1 Date Da „t-`1 NOTE: BPA seeks help maintaining the integrity of the electrical transmission system. Please report any vandalism or theft to the BPA Crime Witness program at 1-800-437-2744. Cash rewards of up to $25,000 will be paid should information lead to the arrest and conviction of persons committing a crime. If you have any questions or concerns, please notify a BPA Realty Office by telephone at 509- 544-4747 or send written correspondence to the address listed at the top of this Agreement. Case No.: 20160307 20160307 Tract No.: F -R -I -SAC -1 F -R -I -SAC -1 28 1967 41 1 MWIT OF WAY rA 11+95 14)N TO SIA 31+00 + o / + o h ,a /8 to P \oxo — p 5 HWY EXHIBIT A CASE NO. 20160307 CITY OF PASCO TRACT NO. F -R -1 -SAC -1 i SECS 27 T 9 N R 30E W M FRANKLIN COUNTY, WASHINGTON Approximate location of \ under ground sever line crossing. �YWY Np 3 .,., ,. -4PR-1-I..- _ ..... _ \ \ \ 14+35,78 HWY. 6 11+95 BPA -not to scale' \ a SAVAGE WELDING LIS CASE 950048 PORTION OF SE%NW% OF SEC 27, TWN 9N, RNG 30E, WM, FRANKLIN COUNTY, WASHINGTON PORTION OF BPA DRWG NO. 110701 FRANKLIN-RIVERVIEW NO. 1 (OPERATED AS FRANKLIN -RUBY STREET NO. 1) FRANKLIN— RIVERVIEW NO I 115 KV TRANSMISSION LINE MILE I FROM FRANKLIN Exhibit B ADDITIONAL TERMS AND CONDITIONS 1. The underground sewer line crossing is approved at location shown on applicant Plan and Profile drawing page 6 of 8 now marked as exhibit C. 2. Maintain a minimum distance of at least 50 feet between Holder's Facility and the transmission line structures. 3. Equipment, machinery, and vehicles traveling within BPA's Easement Area shall remain at least 25 feet away from any BPA structure or guy anchor ground attachment point. 4. Holder shall not store flammable materials or refuel vehicles or equipment within BPA's Easement Area. 5. Overburden grade changes to existing ground elevations while excavating within BPA's Easement Area is prohibited. 6. Any portion of Holder's Facility constructed within BPA's Easement Area shall be designed and built to withstand HS -25 loading for BPA's heavy vehicles. 7. Bury and maintain the underground sewer line to a depth of 36 inches to meet BPA requirements. 8. Mark the location of the underground sewer line with permanent signs and maintain such signs where they enter and leave BPA's Easement Area, and at any angle points within BPA's Easement Area. 9. Holder shall not obstruct access to BPA's transmission line system. BPA personnel and/or its contractors must have access the transmission line system at all times. 10. Notice: Nuisance shocks may occur within BPA's Easement Area. Grounding metal objects helps to reduce the level of shock. It is suggested that road building/construction equipment be grounded with a drag chain. Case No.: 20160307 Tract No.: F -R -I -SAC -1 ��,ENT OFFry Department of Energy Bonneville Power Administration ° • ` 2211 North Commercial Avenue Pasco, Washington 99301 �A78SOF March 15, 2017 In Reply Refer To: TERR/Tri-Cities-RMHQ BPA Case No.: 20160307 TractNo.(s): F -R -I -SAC -1 Line Name(s): Franklin -Riverview (operated as Franklin -Ruby Street No. 1) ADNO(s): 9227 Location: 200' BOL of Structure No.: 1/6 Stationing: 12+50 Mr. David Zabel], City Manager City of Pasco 525 N. Third Avenue Pasco, WA 99301 Dear David: CITY OF PASCO MAR 2 0 2017 CITY MANA0 41 I% MCP Transmission Services Enclosed is your copy of the fully executed Bonneville Power Administration (BPA) Land Use Agreement 20160307. If you have any questions or need further assistance please contact Joe Cottrell at 509-544-4747 or by email at iecottrellnabna.eov. Sincerely, Deborah Rodgers Realty TechnicianlContractor, iesoiutions Bonneville Power Administration Real Property Field ServicesITERR/W Richland Enclosure LUA 20160307