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Department of Energy Bonneville Power Administration Land Use Agreement - Interlocal Agreement NT O,cF� G n H Y & b.— �� Department of Ener REUD SEATTLE 0 p gY JOB Bonneville Power Administration oQ 5240 Trosper St. S.W. Portland, OR 97208 , M ; 2 1999 ! j i TV May 11, 1999 ;;o MD KEE — M. TWW TAN In reply refer to: TSRF/Oly xa RRC TRACT No. CA-260; CA-261; CA-262; CA-262A; 3SH-K-5§'__SH=A=� LAND USE No. 980381 LINE: Shelton-Kitsap#4; Shelton-Kitsap#3 (OPER as Olympia-Kitsap#3); Shelton-Allyn#1; Shelton-Allyn#2 (OPER as Shelton-Kitsap #2) CERTIFIED - RETURN RECEIPT REQUESTED Mason County Dept. of Community Development 411 North 51h Street Shelton, WA 98584 LAND USE AGREEMENT Bonneville Power Administration (BPA) hereby agrees to your use of BPA's easement area for construction/installation, use, and maintenance of small diameter piping (HDPE) and a monitoring well associated with a wastewater system. Also to include improvement and use of existing access road. The location of your use is partially within the N 1/2 SW 1/4 and SW 1/4 SW 1/4 of Section 19, Township 22 North, Range 1 West, and the SE1/4 SE 1/4 of Section 24, Township 22 North, Range 2 West, and the NEl/4 NE1/4 of Section 25, Township 22 North, Range 2 West, all located in the Willamette Meridian,Mason County, State of Washington, as shown on the attached segments of BPA-Drawings marked Exhibit A and-B. 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. Maintain a minimum distance of 15 feet between construction equipment and transmission line conductors (wires). 2. Storage of flammable materials or refueling of vehicles/equipment is prohibited. 3. The monitoring well and all pipe and electrical conduit shall maintain a minimum clearance of 50 feet to the point where steel lattice tower legs or concrete foundations enter the earth. 4. The pipe and electrical conduit shall maintain a minimum clearance of 25 feet to the point where wood poles, guy anchors, steel poles or concrete poles enter the earth. 5. Design the buried pipe and electrical conduit to withstand HS-20 loading from BPA's heavy vehicles. 6. Access to transmission line structures by BPA's maintenance crews shall not be interfered with or obstructed. 7. Bury the conduit with a minimum cover of 36 inches. Construct and maintain the cable to comply with applicable national, state, or local standards. 8. Mark the location of the underground monitoring well, the pipe and electrical conduit with permanent signs, and maintain such markings, where they enter and leave BPA's right-of-way, and at any angle points within the right-of-way. 9. Restore BPA's right-of-way to its original condition, or better following construction. No grade changes to facilitate disposal of overburden shall be _ allowed. 10. Equipment, machinery, and vehicles traveling on BPA's right-of-way shall come no closer than 25 feet to any BPA wood pole structure or guy anchor ground attachment point. 11. 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. 12. Damage to BPA 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. 13. Construction/installation, use, and maintenance of the wastewater treatment facilities shall be at no cost to BPA. 14. Modification of your present use requires BPA's written approval prior to implementation. 2 Tract No. CA-260; CA-261; CA-262; CA-262A; 3SH-K-55; SH-A-42 Land Use No. 980381 15. ENVIRONMENTAL RESPONSIBILITY: You shall be responsible for and comply with all procedural and substantive environmental requirements imposed by local, state or federal laws or regulations applicable to the facility. You shall timely notify BPA of any reportable release of hazardous substances or breaches of environmental requirements and shall mitigate and abate adverse environmental impacts of its actions. You shall hold BPA harmless for any and all liability arising from the violation of such environmental requirements by you. Violations of such requirements by you shall make this agreement voidable at the election of BPA. 16. 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. 17. Other uses and utilities on the right-of-way must be applied for separately. 18. You shall not make any changes or additions to your use of the right-of-way without BPA'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 easement 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 ante 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 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. 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. 3 Tract No. CA-260; CA-261; CA-262; CA-262A; 3SH-K-55; SH-A-42 Land Use No. 980381 f 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 (TSRF/Olympia), 5240 Trosper Rd. SW, Olympia, WA 98512-5623 or by telephoning Donna Ten Eyck toll free at 1-877-943-8630 or directly at 360-704-1608. THIS AGREEMENT IS HEREBY AUTHORIZED Donna Ten Eyck Field Realty Specialist cc: Gray & Osborne, Inc. Attn: Harry Sellers 701 Dexter Avenue North Suite 200 Seattle, WA 98109 4 Tract No. CA-260; CA-261; CA-262; CA-262A; 3SH-K-55; SH-A-42 Land Use No. 980381 .ALL' SECS 25,24 & 19 T22 N R 2& I W W M Aosr a 2 err..\ / (RETIR; MASON COUNTY,WASHINGTON / Y7,xS 9Z86 /2 r 1647+417 I P / q a. 17 1\ \ t °; \ �' i I / CASCADE NATURAL GAS 1+ ` LIS CASE 960500 -V< !2'GAS PIPEUNE a USE OF ACCESS ROADS STA 1845+70 ` J- J• eW (Open) OLYIAPIA-KITSAP NO 3 9840` 230 KY --- _ 1830 TO POT �r a SirL7�lr-owsm _ � . O]� 868+I_ PIPELINE&ELECTRICAL C—NDUI i a�o��u J y� xKls e69.o Q 4, v . 0 Cll IRS O AK2 v m EXHIBIT A nORIZONTAL S:h.E i=200' Uo Mason Co. Dept,of Comm. Dev. Iot 0 200 a Case No.980381 vERTK:AL SZkE I-:rj NOTE Tract No.CA-262; CA-262A eEARNGS 4140 CX'K1147TS k;F=RREC WASHSegment of BPA Dr4v SO(JT1NZONE E SYS-Ey p-�� O SOu'H ZONE bm b TO CON%,ERT DISTAtY-IES S)g TO-R+0 No. 155417 ""'�T'�' 1 CKAX.oe`e sA Ie 6 a d► 450 T I 1 /I i I / 400 I _ MI � �I4z, g 1171.7' ol o�Ie� 350 ' 18 �,E f 2 EIE-1 C� �.-I ►ROs 1 -SHELT6N-KlTSAP NO 4 TOWER c 230 Kv TRANSMISSION UNE DESIGNATION c SHORT MILE 17 OF 32 MILES FROM 91EUIONtSI22 O') •C newt GR WAY ��I Rf SHEL KTSA c - 4 —17_4 ANY 1„Q 155417 DTM-D Iss�So� iP a 3 ars -- rlj szis xia qg avze `Pty J ✓ sF / SECS 25,24a 19 T 22 N R 2 a I W W M MASON COUNTY,WASHINGTON QD C � a a �2 + co SHEL TUN-KITSAP NO 3 1810 1820 ---�-- -- __ _ i800 N38°IS' -,__ ----- 1830 (Open)a' ^�_-I - ---- Z a \ MONITORING WELL 2Fy PIPELINE&ELECTRICAL CONDUI99 a \ sk J In \ \ EXHIBIT B Mason Co. Dept.of Comm. Dev Case No.980381 Tract No. CA-262; CA-261; CA-260; 2'Rs 3SH-K-55; SH-A-42 P66— g Segment of BPA Drwg '� No. 155417 hWv I� po �iRiYW ORIZONTAL SG�-E j n20O' 00 0 z000 �x s v L o a .0 NO TE BEut:nGs ANO axwAxA?ES RsFEwiiEC WASNINGTON COORDIkA E SrS-EM sourH ZONE 41• TO CONVERT DIS:ANCc-S SMOwN TO Cj%o ►AATIPLY BY 0 9994248 STA 184 T+,1 T t% /000' 1 OUOOge SR 068+11 Aft 1200' R ADH 73 F �.. �SA*Prong zrlz 2 A ADH 74 . SHELTON—KITSAP NO 4 230 KV TRANSMISSION LINE SHORT MILE 17 OF 32 MILES FROM SHEIMfi 01) e,w or wA'r 'jO.Ow 9ft -_ - - --r- - �w a• - OLM RC JHM DUB ;' ' �,._.,.� :_- 155417 OTM-D �, R