BPA Right of Way

PDF Scan of original, and PDF Scan of Legal response.

Department of Energy Bonneville Power Administration 914 Ave D Snohomish, WA 98290

June 22, 2000 In reply refer to: TRF-Snohomish TRACT No. CO-S-300; 301 CASE No. 20000246 LINE: Grand-Coulee-Olympia Project (OPER as Olympia-Grand Coulee No. 1); Tacom Coulee No. 1 (OPER as Covington-Columiba No. 3)

CERTIFIED - RETURN RECEIPT REQUESTED

The Mountaineers 300 Third Ave. West Seattle, WA 98119 ATTN: David L. Claar

LAND USE AGREEMENT

Bonneville Power Administration (BPA) hereby agrees to your use of BPA’s easement area for construction/installation, use, and maintenance of a proposed use of road within Right-Of-Way.

The location of your use is partially within the SE1/4SE1/4 sec. 27 & NE1/4NE1/4 sec. 34 of Township 21N, Range 12E, Willamette Meridian, Kititas County, State of WA, as shown on the attached segment of BPA Drawing #51819, marked Exhibit (A).

PLEASE NOTE: BPA is not the owner of this property, if you are not the owner, you must obtain the owner(s) permission to use this property. There may also be other uses of the property which might be located within the same area as your project. This agreement is subject to those other rights.

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.

BPA’S AGREEMENT IS CONTINGENT ON THE FOLLOWING CONDITIONS:

1. Storage of flammable materials or refueling of vehicles/equipment is prohibited.
2. Maintain a minimum distance of at least 50 feet between your road project and the point where the transmission line steel lattice structure enters the earth. If this clearance cannot be met, install guard devices such as barriers, guardrails, or posts, for the protection of PA's structures. Specifications and installation plans for these protective structures must be submitted to and approved by BPA prior to construction. (The road appears to come within the 50 foot limit for distance from the road to the closest tower leg. It may be because the terrain naturally protects the tower that no barriers or guard post will need to be installed. TLM will determine whether or not protection is needed.)
3. Access to transmission line structures by BPA's maintenance crews shall not be interfered with or obstructed.
4. Log decking and storage of logs on the BPA Right-Of-Way is not allowed.
5. The road shall be for private use only.
6. Construction equipment must maintain a minimum distance of 15 feet between equipment and transmission line conductors.
7. BPA needs to use the road for access to its structures, both to and along its transmission line Right-Of-Way, for maintenance purposes.
8. Provide an approach off edge of road wide enough to be turned into a minimum 16 ft. wide access road on the Right-Of-Way.
9. Restore BA's right-of-way to its original condition, or better following construction. No grade changes to facilitate disposal of overburden shall be allowed. If the design of the road requires cutting or filling, the elevations of the proposed finished grade and original ground grade shall be submitted to this office for final approval.
10. BPA shall not be liable for damage to your property, facilities, or injury to persons which might occur during maintenance, reconstruction, or future construction of BPA facilities as a result of your facilities being within the right-of-way.
11. Damage to BA property, resulting from your use, shall be repaired or replaced by BPA at its option. The actual costs of such repair or replacement shall be charged to and paid by you.
12. Construction/installation, use, and maintenance of the road shall be at no cost to BPA.
13. Modification of your present use requires BPA's written approval prior to implementation.
14. You should be aware that: (a) Immediate access may be required during power outages or other emergency situations resulting in the destruction or removal of fences or structures on the right-of-way; and (b) BPA will NOT be liable for ANY damage to your property which might occur as a result of maintenance activities.

Other uses and utilities on the right-of-way must be applied for separately.

You shall not make any changes or additions to your use of the right-of-way without BA’s review and written approval.

IN ADDITION, THE FOLLOWING IS BROUGHT TO YOUR ATTENTION AND MUST ALSO BE COMPLIED WITH:

Hazard or Interference: The subject use of this easement area has been determined not to be a hazard to, nor an interference with, BPA’s present use of this casement for electric transmission line purposes. Accordingly, there is no present objection to such use. However, if such use should, at any time, become a hazard to the presently installed electrical facilities of BPA, or any facilities added or constructed in the future, or if such use should interfere with the inspection, maintenance, or repair of the same, or with the access along such easement, you will be required to remove such hazard or interference at no expense to BPA.

Liability: You will have to assume risk of loss, damage, or injury which may result from your use of the 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. It is understood that any damage to BA’s property caused by or resulting from your use of the casement area may be repaired by BPA, and the actual cost of such repair shall be charged against and be paid by you.

This Land Use Agreement becomes effective upon the commencement of use as set forth in the Agreement. If you have any questions or concerns, please notify us. This Agreement is a permit, revocable at will by the U.S., and does not convey any easement, estate, or interest in the land.

IF WE DO NOT HEAR FROM YOU WITHIN 30 DAYS FROM THE RECEIPT OF THE AGREEMENT, THE TERMS OF THE AGREEMENT WILL BE ASSUMED TO BE ACCEPTABLE. THE AGREEMENT WILL THEN BECOME A PART OF OUR PERMANENT FILE AND MAPPING SYSTEM.

You may direct any communication to this office, Bonneville Power Administration, Real Estate Field Services (TRF-Snohomish), 914 Ave D, Snohomish, WA 98290, or by telephoning Jill M. Gaston at 360-568-8575.

THIS AGREEMENT IS HEREBY AUTHORIZED Jill M. Gaston Realty Specialist

CC: Mountaineers ATTN: David L. Claar 5100 NE 54th Seattle, WA 98105 bec: Aircraft Services - TC Hangar/Portland ROW File - TFN/Snohomish D. Norgaard - TFNK/Covington Reading File - TRF/Snohomish Official File - TR-3 (Case No. 20000246) Jgaston:jmg/bk/8575(W:|\TSRF\2000Case\20000246.doc)