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Home My WebLink AboutPW08-256 - Supplement - #1 - Bonneville Power Administration - BPA Land Use Agreement - 09/01/2011 NT OF Department of Energy Bonneville Power Administration RECEIVED Covington Way Kent, WA 98042 SEP 0 9 2011 August 19, 2011 Cf I X Of- KENT ENGINIE-�:ilvia € FDT In reply to TERR/Covington BPA Case No. 20060283 Supplement No 1 Tract No C-SE-2-A-597 Line Name. Covington-Seattle Line (operated as Covington Creston (SCL) No. 1) Covington-Maple Valley No] (operated as Covington-Duwamish (SCL) No. 1 ADNO#8222, 8204, Structure# 2/1 to 2/2 Stationing 65+20 to 68+00 Ms Beth Tan, P E City of Kent Public Works Department/Environmental Engineering 220 Fourth Avenue South Kent, WA 98032 LAND USE AGREEMENT SUPPLEMENT NO. 1 This is a supplement to the Bonneville Power Administration (BPA) Land Use Agreement No. 20060283, approved July 8, 2008, to include your construction, use, and maintenance of modifications to the original Land Use Agreement for vegetative plantings and culvert and access road location The location of this additional use is partially within the NE1/4 SW1/4 AND NW1/4 SE1/4 of Section 26. Township 22 North, Range 5 East, Willamette Meridian, King County, State of Washington, as shown on the attached segment of BPA Drawing No. 123802, marked as Exhibit A and as detailed on City of Kent Drawing BPA Corridor Planting Plan, marked as Exhibit B. You shall not make additional changes 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. 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 pi operty. There may also be other uses of the property that might be located within the same area as your project. This supplemental agreement is subject to those other rights. This supplemental 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. This supplemental 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 supplemental 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 SUPPLEMENTAL LAND USE AGREEMENT YOU ARE AGREEING TO THE FOLLOWING ADDITIONAL CONDITIONS 1. To ensure safety of workers and uninterrupted operation of transmission lines, the City shall employ a BPA approved safety watcher during construction activities occurring under the conductors (wires) or lifting of equipment that may come in contact with the conductors (wires) Please contact BPA for a current list of BPA approved Safety Watchers. 2. Change the planned location of the box culvert and access road to between the transmission lines (move down stream approximately 50 feet) Provide an "as built" plan for the final location of the culvert and access road 3. Vegetation shall not exceed 10 feet in height, obstruct access to structures, or be planted within 50 feet of any structure Any \,egetation exceeding the height or obstruction hnutation, BPA at its discretion, without notice, compensation or liability, may cut to the ground, trim, remove, destroy and dispose of said vegetation 4. Mark the vegetation covered by this agreement with signs reading "Vegetation Agreement Case No. 20060283 Supplement No.1 —Do not Cut or Spray " Signs shall be so placed as to clearly visible from the access roads at points of entry into the vegetation area. IN ADDITION, THE FOLLOWING IS BROUGHT TO YOUR ATTENTION You agree to assume risk of loss, damage, or mjui y 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 2 Case No. 20060283 Supplement No. 1 Tract No. C-SE-2-A-597 Construction/installation, use, and maintenance of the modifications to the original Land Use Agreement for vegetative plantings and culvert and access road location 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 1-800-437-2744 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, Real Estate Field Services (TERR/Covmgton) 28401 Covington Way, Kent, WA 98042 or by telephoning Timothy C. Wicks 253-631-9154. All other terms and conditions of Land Use Agreement No.20060283, dated July 2, 2008 remain the same. THIS SUPPLEMENTAL LAND USE AGREEMENT BECOMES EFFECTIVE UPON THE SIGNATURE OF ALL PARTIES. I HAVE READ, UNDERSTAND, AND CONCUR WITH THE TERMS OF THIS SUPPLEMENTAL AGREEMENT: 6Ci o ent Da THIS SUPPLEMENTAL AGREEMENT IS HEREBY AUTHORIZED BY BONNEVILLE POWER ADMINISTRATION• _ 0 D 70 imothy L. Wicks Date Realty Specialist 3 Case No. 20060283 Supplement No. 1 Tract No. C-SE-2-A-597 SECS 26 a23 T22N R5E WM KING COUNTY, WASHINGTON BRONPF YN7FER JM HWY \\ r tM3992 `� xl6Te P31O �l� Area of work-1and, Vegetative PA`antings' S� ♦ f, BJ, 7 �.�n r` ��w AEl y 80 _ COVINIgiON•SE LINE gr J � f ..I,(S IMNGER �1PEE tr 1N[l ...Yf_ NI— �/• 8 m n A + � 1� J !'yY,3 JJ r r l . � L TUFi LAN 9 A L 10 Es t SDC6 CREEK SEWER DIST LAND tSE 90192 � IY SEMER EXHIBIT A Land Use Agreement No. 20060283 .a Supplement No. 1 City of Kent Segment of BPA Map No. 123802 King County, Washington 9 IIO(6 VRIIiP�T.TI{►PiR�RM�NT 9r'TTR INTiRgR BONNEVILLE POWER ADMINISTRATION H{ r� 4Ppi^R " RPIRLANP PR; 9 COVINGTON-MAPLE VALLEYNOI n 2M MV TR4N5MMION LINt MILE 2 FROM COVINGTON o a W M y�..JT C ir-- wi F H bPE AS CNINCTON-DUWAM1SH (SCL) NO I r Z m m o VM'1N3)1 Mg `3 s 1NDI JO AID 3H1 NO3 03NVd3Nd — o� s S-LN3W3AObdWi(iw-L3M'8131-LnO NVI4R13W 3NVl LN3WNJ1'lV3UM332iOM00 FM z� '3 Zt; < O S O - N _ 6 O Z � _ �g O Z ra O J O o Z V GP. d� i V alms O SO ��.� BAG � .- �--'s ��, � /• - - �°zz�� -'i w<,00 i _ - s• Nr�wz Ic• EI`c Ems` �Vy>u W=Y<w OFS Q�n i O f E Z + O +V m - VaE � I� m tl• n + - - - - E Q O m / .,✓1 � yy// J O r a � E 0g - - `Z > � • a. °� Z - ° � - a � o � / 3 m a z0 o Z _ • E E m x 0 i ` m d W MJU7U E Dot �— ZD - - - a - - - E a ` E C ❑ �L ❑ J z a — 3 z n /�- m a I" o � ,T W U lb -- \ _ Z S 5 z a Y 6 i u — 0 9 G REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes WASH INGTCN Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator liL t Phone (Originator) 5(9 _rJ —tJ.— �, Date Sent. 31 I ( Date Required 4Z II Return Signed Document to � � CONTRACT TERMINATION DATE: VENDOR NAME: BPA DATE OF COUNCIL APPROVAL: Brief Explanation of Docurent � n L4..,W 9l� SPA i S �+ 1 y �. s��)p'LA-w.d r.�CaQ b� etv ar/ O✓i n�t�J�ncX to { p[G,rL. i+ravi ,E�c � on K( ✓ OCA. ' lln o.�F wJ�i Gk.wz5, [�nG�(}� a�i�i'ona-/ �a.s�(i�'S `�li mu�c�•'//��{ -7ryrllo& '(�'I.STta.l�`(.�Jt�D`� V'Ik- S `f _ ,_,, •- -I,", �C�r�^�a��Y\� -�+-+--K'�- U All Contracts Must Be Routed Through the Law Department (This Aiea to be Completed 6y the Law Department) Received. RE�eEIVED Approval of Law Dept 44��dd �JG 3 1. 2011 Law Dept Comments- EVENT LAW DEFT. BUG _A! Date Forwarded to Mayor- Shaded Areas to Be Completed by Administration Staff Office of the Mayor Received n �q� U E Recommendations & Comments: nFiSEP;- 1 2011 Disposition: 0 CITY OF KENT CITY CLERK v <' Date Returnedr hge58 0 • 3;05