20070156 ~
AFTER RECORDING, RETURN TO
Bonneville Power Administration
TERR 3
P.O. BOX 3621
PORTLAND, OR 97208-3621
Legal description: A portion of the NWI/4
of Section 16, Township 2 South, Range 1
West, W.M., Washington County, Oregon,
as shown on Exhibit A. (Affects Tax
Account No. 101.)
U.S. DEPARTMENT OF ENERGY-BONNEVILLE POWER ADMINISTRATION
FEE LAND USE AGREEMENT
May 14, 2007
CASE No. 20070156
TRACT No. V-E-25-A-128
LINE: Vancouver - Eugene (operated as Keeler - Oregon City No. 2); Vancouver-Eugene
Line No. 2 (operated as Oregon City Stub);
City of Tigard
13125 SW Hall Blvd
Tigard OR 97223
Bonneville Power Administration (BPA) hereby agrees to your use of BPA's fee-owned
property for construction/installation, use, and maintenance of a water line crossing.
The location of your use is partially within the NW1/4 of Section 16, Township 2 South,
Range 1 West, Willamette Meridian, Washington County, State of Oregon, as shown on
the attached segment of BPA Drawing No. 9336, marked as Exhibit A and the applicant
drawing, marked as Exhibit B.
You shall not make any changes or additions to your use of the right-of-way without
BPA's review and written approval. Any other uses and utilities on the right-of-way
must be applied for separately.
This agreement is revocable at will by BPA and does not modify, change, or otherwise
alter the rights BPA acquired by Deed. BPA may terminate this agreement upon 30 days
written notice.
The subject use of this fee-owned property has been determined not to be a hazard to, or
an interference with, BPA's present use of this property for electric transmission line
purposes. Accordingly, there is no present objection to such use. However, if BPA
should determine at any time, that your use has 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 property, you will be required to stop your use or remove such hazard.
or interference from the right-of-way at no expense to BPA.
BY ACCEPTING THIS LAND USE AGREEMENT YOU ARE AGREEING TO
THE FOLLOWING CONDITIONS
1. Inform BPA once the construction of your approved use is complete.
2. Matrix Development is the contracting party on the project and Northwest
Earthmovers, Inc. is the General Contractor performing the work. Upon
completion, the pipeline will be turn over to the City of Tigard
3. Maintain a minimum distance of at least 15 feet between your construction
equipment and the transmission line conductors (wires).
4. Maintain a minimum distance of at least 50 feet between your facilities and the
transmission line structures. lcl_ - -
5. There may be no electrically continuous metallic pieces (including pipeline
material, tracer wire, etc.) within 50 feet from the point where the nearest
structure enters the earth.
6. Pipeline must be buried a minimum of 36 inches.
7. Mark the location of the underground water line crossing with permanent signs
and maintain such signs where they enter and leave BPA's right-of-way, and at
any angle points within the right-of-way.
8. Design and build the portion of the water line crossing constructed within the
- BPA easement area to withstand HS-20 loading for BPA's heavy vehicles.
9. The BPA right-of-way must be returned to its original condition following
construction. Disposal of overburden on the right-of-way will not be allowed.
Any damage to BPA property resulting from the proposed use of the right-of-way
will be repaired at the City. of Tigard's expense
10. To ensure the safety of workers and the uninterrupted operation of the BPA
transmission facilities, the applicant shall employ a BPA approved safety watcher
during any construction activities occurring under the conductors (wires) or when
operating any equipment that has the potential to reach or come within 15 feet of
the conductors (wires). Please contact this office for a current list of BPA
approved Safety Watchers.
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Case No. 20070156
Tract No. V-E-25-A-128
11. Equipment, machinery, and vehicles traveling on BPA's right-of-way shall come
no closer than 25 feet to any BPA structure or guy anchor ground attachment
point.
12. No storage of flammable materials or refueling of vehicles or equipment within
the easement area.
13. Access to BPA transmission line system by BPA and/or its contractors shall not
be obstructed at any time.
IN ADDITION, THE FOLLOWING IS BROUGHT TO YOUR ATTENTION
You agree to assume risk of loss, damage, or injury which may result from your use of
the fee-owned property, 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 BPA's property caused by or resulting
from your use of the easement area may be repaired by BPA, and tl}e actual cost of such
repair shall be charged against and be paid by you.
Nuisance shocks may occur within the right-of-way. Grounding metal objects helps to,
reduce the level of shock. It is suggested that construction equipment be grounded with a
drag chain.
Construction/installation, use, and maintenance of the water line crossing shall be at no,
cost to BPA..
BPA seeks your help maintaining the integrity of the electrical transmission system.
Please report any Vandalism or Theft to the BPA Crime Witness program at 1-800437-
2744. Cash rewards of up to $25,000 will be paid should information lead to the arrest
and conviction of persons committing a crime.
BPA shall not be liable for damage to your property, facilities, or injury to persons that
might occur during maintenance, reconstruction, or future construction of BPA facilities
as a result of your facilities being within the right-of-way.
If you have any questions or concerns, please notify BPA Realty Office. You may direct
any communication to Bonneville Power Administration, Real Estate Field Services
(TERR-3) PO box 3621 Portland, Oregon 97208-3621 or by telephoning 1-503-230-
5529.
A copy of this agreement shall be physically located at the project during
construction activities.
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Case No. 20070156
Tract No. V-E-25-A-128
THIS LAND USE AGREEMENT. BECOMES EFFECTIVE UPON THE
SIGNATURE OF ALL PARTIES.
I HAVE'READ, UNDERSTAND, AND CONCUR WITH THE TERMS OF THIS
AGREEMENT:
Owner Name to
Title
THIS AGREEMENT IS HEREBY AUTHORIZED BY BONNEVILLE POWER
ADMINISTRATION:
Neal. E. Meisner Date
Realty Specialist
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Case No. 20070156
Tract No. V-E-25-A-128
bcc:
Lineman Foreman - TFEK-Chemawa
Official File - TR/3 (Case No. 20070156)
NEMeisner:crb:5529;5/14/2007 (w\tsr\case\casefile\007case#\20070156LUA.doc)
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Case No. 20070156
Tract No. V-E-25-A-128
US DEPARTMENT OF ENERGY-BONNEVILLE POWER ADMINISTRATION
PERSONAL/FIDUCIARY ACKNOWLEDGMENT
Washington, Oregon, Idaho, Montana, and. California
State of 61 10-ki J
) ss
County of ifl#rh J
On this 7 day of June 2007, before me personally appeared
r- LI ZA-13PI t A ► /*'~I EV41-D known to me, or proved to
me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within
instrument and who acknowledged to -me that .(-h& she executed the same as f Otis. / er
voluntary act and deed for the uses and purposes therein mentioned.
OFFICIAL SEAL Notary Public ' d for the State of 09660 N
J BENGTSON Residing in rtP &Aj;>-D
NOTARY PUSUC-OREGON
My commission expiresAf, P I L Z -71 Z-0 I i
COMMISSION NO. 4113772
W COMMISSION EXPIRES APR. 27, 2011 _
State of )
ss
County of )
On this day of , 2007, before me personally appeared Neal E. Meisner,
known to me, or proved to me on the basis of satisfactory evidence, to be a Field Realty
Specialist for the Bonneville Power Administration whose name he subscribed to the within
instrument and who acknowledged to me that she executed the same as her voluntary act and was
authorized to execute said instrument in such official or representative capacity.
Notary Public in and for the State of
Residing in
My commission expires
6
Case No. 20070156
Tract No. V-E-25-A-128
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