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HomeMy WebLinkAboutL_20170285LUAsigned.pdfJuly 13, 2017 BPA Case No.: 20170285 Department of Energy Bonneville Power Administration 28401 Covington Way SE Kent, WA 98042 Tract No: MPLV-SS-P2SC Line Name: Covington -Maple Valley No. 1 (operating as Maple Valley-Duwamish No. 1) Location: Stationing: 7164+00 to 7165+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 Washington Commercial Investment, LLC and Apex Enterprises Group, LLC ("Holder"). BPA holds easement rights ("BPA Easement") over the following described property ("BPA Easement Area"): The NEI/4SW1/4 of Section 20, Township 23 North, Range 5 East, Willamette Meridian, King County, State of Washington, as shown on the attached segment of BPA Drawing No. 123810, marked as Exhibit A. Holder has requested BPA's permission to use portions of the real property subject to the BPA Easement for paved roadways and parking with sidewalks and curbing, rockery, water main, storm drainage and vault, and signage ("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 Exhibits A, B, and C, attached hereto and made a part hereof. In consideration of BPA's concurrence, Holder agrees to the following: 1. 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. 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. 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. 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 Exhibits A, B, and C. 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. 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. i. 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. 7. 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. Holder shall notify BPA at least ten (10) business days prior to commencing installation of Holder's Facility. Contact: Charlene Belt, phone: 503-230-5518 or by email: erbelt@bpa.gov 9. 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. 10. BPA may terminate this Agreement upon 30 days written notice. Holder shall, within 30 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. 11. A copy of this Agreement shall be physically located at Holder's project site during use activities. Holder's employees, contractors and representatives shall adhere to all conditions and requirements listed herein. 12. 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. 13. Holder agrees to assume risk of loss, damage, or injury which may result from Holder's use of the SPA 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. 14. Any damage to BPA's property caused by or resulting from Holder's use of the BPA Easement Area may be repaired by SPA, and the actual cost of such repair shall be charged against and be paid by Holder. Case No.: 20170285 TraetNo.: MPLV-SS-P2SC 15. Holder's contact information: NAME: Washington Commercial Investment, LLC ADDRESS: 24419 105`x' Place SE Kent, WA 98030 PHONE: 425-455-2065 EMAIL: pmvrsingh@gmail.com 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. 1� I 11jo 4(,l tz; o -r---/ j----I�/z SjtwVnt Sin overnor Date Vb6ington Commercial Investment, LLC , 7 Andy Chan Governor/-CDate Apex Ente rises Group, L THIS AGREEMENT IS HEREBY AUTHORIZED: oga�� L -�e-a - --� �L Charlene Belt, Realty Specialist Date Bonneville Power Administration 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. You may contact Charlene Belt by telephone at 503-230-5518 or send written correspondence to the address listed at the top of this Agreement. 1�2 SEC 20 T23N R5E W M i KING COUNTY, WASHINGTON 010, v 1.- 9 MON 78.0 a' >c ac KiN 00u\�s ©� 0-PoUGGas j f •-'�„ G,���G, �Pipeline..., (S:E 154 SOUTH.' Approximate location of paved roadway & parking, rockery, water ` main, storm drainage, & signage. ro G EXHIBIT A CASE NO. 20170285 — GRANT PLACE TOWNHOMES SIDEWALKS, DRIVEWAYS, PARKING, WATER & DRAINAGE NE7/4SW1/4 S20 R5E T23N WM KING COUNTY. WA et �141. /V0 vo 3 i G6, I k e 3 t HORIZONTAL SCALE I"= 200' 100 .0 200 IO 0 20 40. VERTICAL SCALE UNITED6 ATES DEPARTMENT OP THE INTERIOR BONNEVILLE POWER ADMINISTRATION IC OV INGTON - MAPL E VALLEY NO 230 KV TRANSMISSION LINE SHORT MILE 10 FROM COVINGTON t 4120') s".123 810 x'133-11 D; I FY-DUWAM19'WNO Exhibit B ADDITIONAL TERMS AND CONDITIONS 1. Inform BPA once the construction of your approved use is complete and provide BPA with as builts within 3 months of completion. 2. Vegetation shall not exceed 10 feet in height at maturity, obstruct access to structures, or be planted within 50 feet of any structure. Any vegetation exceeding the height or obstruction limitation may be removed by BPA. The vegetation restriction may be changed if there is construction of additional transmission lines within the currently unoccupied portion of BPA's easement area. 3. Maintain a minimum horizontal distance of at least 50 feet between Holder's Facility and where the transmission line structures enter the earth. 4. 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. 5. Bury and maintain the 10" D.I. Water Main, 12" LCPE Storm Sewer Main to a depth of 36 inches or comply with applicable NESC, national, state, and/or local standards, whichever is greater. 6. Mark the location of the underground water main and storm sewer main 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. 7. Overburden grade changes to existing ground elevations while excavating within BPA's Easement Area is prohibited. 8. BPA shall have the right to use roadway and parking area for access to its structures. 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. 9. Holder shall not store flammable materials or refuel vehicles or equipment within BPA's Easement Area. 10. Construction of additional transmission lines within the currently unoccupied portion of BPA's Easement Area may occur. Should Holder's use interfere with the construction, use or maintenance of said line, Holder will be required to remove such interference off BPA's Easement Area at no expense to BPA. 11. 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. 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