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Bonneville Power Administration ~ AFTER RECORDING, RETURN TO Bonneville Power Administration TERR-3 P.O. BOX 3621 PORTLAND, OR 97208-3621 Legal description: A portion of the NW1/4 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. ` 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. 2 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 a 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 the 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 x`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. 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. 3 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: • 1 Owner Name ,q to Title THIS AGREEMENT IS HEREBY AUTHORIZED BY BONNEVILLE POWER ADMINISTRATION: Neal E. Meisner Date Realty Specialist 4 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 r ) ss County of VVA- 11i w6n _) On this 7 day of A U N E 2007, before me personally appeared 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-(-ha / she executed the same as voluntary act and deed for the uses and purposes therein mentioned. LAM&f-111- OFFICIAL SEAL Notary Pu is in and for he State of &)gt&01\ J BENGTSON Residing in _T76A P_b NOTARY PUBLIC-0REGON My commission expires COMMISSION NO.413772 �—T— MY COMMISSION EXPIRES APR.27,2011 State of ss County OV4/1/1,4m ) On this_4)day of0ZArk- , 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. OOFFICIAL SEAL MARY KATHLEEN O'NEAL NOTARY PUBLIC-OREGON Not ry P lic 1 d or th State of " COMMISSION NO.371416 e MY COMMISSION EXPIRES AUGUST 16,2007 Residing ' My commission expires / 6 Case No. 20070156 Tract No. V-E-25-A-128 SEC 16 T2S R1W WM Washington County, Oregon -�e CEJ R + R - )UNTY A N a o A 10-4-89 0 E rn a (D h A 906.03.58 / 4 a, p f RIVER �tJNI.E'.C' STATES DkPARTMENT OF THE INTFRIr)R DONNEVILLE POWER ADMINIST RAS IcDlrl 11 i PAUL J. RAVF_R. AOMINI:;TRATOta VANCOUVER — EUGENE HORIZONTAL SCALE r.ZOO' 115 KV TRANSMISSION LINE NO. 2 I� 0_ _ No -00 q 0 M M SL JOHNS-OREGON CITY SECTION VERTICAL SCALE I".20' 6IORT MILE 25 FROM VANCOUVER SUBSTATION 525th WASHINGTON COUNTY OREGON T ?.S R I W _WM X it i AxRwn. •°---� .�-u (� i City of Tigard Case No 20070156 Portion of BPA Drw No 9336 _�_ �+_� � � �•� 9338 sr—No.ls g OPER OREGON CITY STUB PROJECT N0. MAT023 O OTp -- "� BPA STRUCTURE ID DATE: 26JUL06 KOC2-17-8 EXISTING GROUND EL=200.2' BY: TGB x � I = o T p n O x x a w p O �+ a O h x � W O tito a + o� 07^ A O 0 O x 100' BPA RIGHT-OF-WAY F•{ w Z xo BOOK 180 PAGE 508 m n p o = NW CORNER DEED E— Z O DOC NO. 2004-050050 ►-- ►—+ z BPA SURVEY LINE U xo STATION 204+30.11. 25.00R C� pIpo ` w >- O Z o _ ` o v O oap 0) (A �- I civ o E- Z w co O p f Tl © O 0 PROPOSED 12" WATERLINE Q-i U J 1 0 0 TOP OF PIPE EL=782.7' V O w _ . W T= POINT OF BEGINNING p — g PROPOSED 15' WIDE w W = D i T WATERLINE EASEMENT z l o o — BPA OVERHEAD WIRE EL=224.1' Q= s EXISTING GROUND EL=189.0' w BPA STRUCTURE ID SHEET N0. m KOC2-17-9-A N a- I EXISTING GROUND EL=187.0' 0xx EX. I 50.0' O O O �.�......�..�....�. 1 _ 1 #ALE: 1"=60' Exhibit B City of Tigard Case No 20070156 Applicant Drawing EM Matrix Development Memo To: Brian Reger From: Jacki Herb for Craig Brown CC: Date: June 18,2007 Re: Edgewater No. 2 waterline easement Enclosed is a signed original fee land use agreement with BPA for the waterline crossing for Edgewater Phase 2. BPA will be recording the other signed original document; we will forward a copy of the recorded version once we have it. 0 Page 1