The URL can be used to link to this page

Home My WebLink About001263 Original Contract The City of Port Angeles Record # 001263 Department of Energy Bonneville Power Administration 5240 Trosper Road SW SEs Olympia, WA 98512 May 4, 2012 In reply to: BPA Case No. 20120232 Tract No. PA-S-1-A-18, PA-S-1-A-19 &PA-s-1-X-18A Line Name: Port Angeles- Sappho No. 1 ADNO# 8342; Structure# 1/3-1/5 Nathan West Director, Community Development City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 LAND USE AGREEMENT Bonneville Power Administration(BPA)hereby agrees to your use of BPA's easement area for construction/installation,use,and maintenance of an asphalt walking trail which winds in and out of the Port Angeles-Sappho right of way. The location of your use is partially x ithin the SE '/< NW '/ &NE '/ SW '/ of Section 14,Township 30 North, Range 6,West,Willamette Meridian,Clallam County, State of Washington, as shown on the attached segment of BPA Drawing No. 129201,marked as Exhibit A. You shall not make any changes or additions to your use of the right-of-NN aN without BPA's review and written approval. AnN other uses and utilities on the right-of-'%i�ay must be applied for separately. Please note that 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 that might be located within the same area as your project. This agreement is subject to those other rights. It is understood that the ownership of this Asphalt Walking Path will be conveyed and/or dedicated to the City of Port Angeles,Washington. 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 easement area has been determined not to be a hazard to,or 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 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 easement, 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. No storage of flammable materials or refueling of vehicles or equipment within the easement area. 2. Due to the proximity of the Asphalt Walking Path and the easement right of way, it is likely that BPA's maintenance crews will likely cross over the path during their regular maintenance. Due to the weight of maintenance vehicles, some damage to the path could occur. BPA can not be held responsible for any damage that might occur to the Asphalt Walking Path You agree 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. 3. No interference or obstruction of access to transmission line structures by BPA's maintenance crews will be allowed. 4. It is understood that there are plans to bring illumination to the walking path. Before any electrical lighting poles are erected or lighting is brought to the path, any plans must be submitted to BPA for review and approval. IN ADDITION, THE FOLLOWING IS BROUGHT TO YOUR ATTENTION 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 after consultation with the City, and the actual cost of such repair shall be charged against and be paid by you. Construction/installation,use,and maintenance of the Asphalt Walking Path shall be at no cost to BPA. 2 Case No. 20110232 Tract No. PA-S-1-A-18 & -19, &PA-S-1-X-18A 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 1-800-437- 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 this BPA Realty Office. You may direct any communication to Bonneville Power Administration, 5240 Trosper Road SW, Olympia, WA 98512,or telephone at 360-5704332. THIS LAND USE AGREEMENT BECOMES EFFECTIVE UPON THE SIGNATURE OF ALL PARTIES. I HAVE READ,UNDERSTAND,AND CONCUR WITH THE TERMS OF THIS AGREEMENT: City of Port Angeles: 7 7 City Manager (&J, Date THISGREEMENT IS HEREBY AUTHORIZED BY BONNEVILLE POWER ADMINI TRAT 7 171-2017 Paul B.It Woolson Date Realty Specialist 3 Case No. 20110232 Tract No. PA-S-1-A-18 & -19, &PA-S-1-X-18A bcc: Shelley Fenton, TERR-3 Lee Webb,TFOF/Olympia Official File—TER/3 (Case No. 20120232LUA) 4 Case No. 20110232 Tract No. PA-S-1-A-18 & -19, & PA-S-I-X-18A lbYeOV)H>wuup�wnc_;u� MQAYN-�+^�Qlur:•'.' faa� suWSNPO^SO 'v!J�y7fo ugrgrruadsa�ayl aq loupgtSnwn� wnylfo sn:nylo,fuY omdwApro sn r.o nl lnHBW+mdJo AirJ�W M P��Y6iJ r 8rino p•dow n� N sp»eA voudii�c�p Iu4ar u n+pari aq a wwoln!tou n Jur nq! ' luawxe /� 3;nil �,� Qoz luwase37d8'� p.+0•, NOIIICCI ,S}101H303a`1" 4 S d NOISIAI013f1S 11130138 i r ,Y • SII 3SVHd) NOISIAI0ens 1113031 f, m' cni �s�rHd) N Isinlaans ii G. 4 i� l.x• k 1•y ti vtq� '. � }� ,ni•"11�i. ,:..+y�� a'6• .�Y MKo'I. ._...._... {��"�,e /�,� '�j �.� ,µis ��.ri.•-'�'r • .. SIHO13H OaV�+Jzl NOIl1QaV 1TH NO0'V30. 43SVIid) db N3AV 1138dWVa h t N011"ING' V[SIONI-1 11 •srw ,� �w` i 'F• �` �' �\°�� .f � .✓ _ �+ •�.,� '+� r � its' ��+�r � "