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Home My WebLink About26-036.00 Dept. of Energy, BPA - S Sullivan Rd PreservationDepartment of Energy Bonneville Power Administration 2410 E Hawthorne Road Mead, WA 99021-9694 [June 27, 2025] In reply refer to: TERR-Bell-1 BPA Case No.: 20250146 Tract Nos.: VT-3-A-128, VT-3-A-129, VT-3-A-130, VT-3-A-131, VT-3-A-132, VT-3-A- 132A, VT-3-A-133, VT-3-A-134 Line Name: Vera Tap to Valley Way Tap (Operated as Vera Tap to Trentvood-Valley Way No. 1) ADNO: 6180 Location: Str. Nos.: 3/2-4/3 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 the City of Spokane Valley. ("Holder"). BPA holds easement rights ("BPA Easement") over the following described property ("BPA Easement Area"): The EY2SE'/< of Section 23, and the EV2NE'/e of Section 26, Township 25 North, Range 44 East, Willamette Meridian, Spokane County, State of Washington, as shown on the attached segment of BPA Drawing Nos. 106193 & 106194, marked as Exhibits A -I and A-2. Holder has requested BPA's permission to use portions of the real property subject to the BPA Easement Area for sidewalk, underground storm water structures, and crosswalk flashing beacon with pedestrian push button installations ("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 -I and A-2, attached hereto and made a part hereof. In consideration of BPA's concurrence, Holder agrees to the following: l . This Agreement grants the Holder the right to utilize the BPA Easement Area for the purposes described above as long as the Holder complies with the conditions herein. 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. 3. 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. 4. 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. 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, except that BPA agrees not to remove, relocate or otherwise damage Holder's Facilities which are installed in compliance with the terms of this Agreement. Holder agrees to alter, relocate or remove Holder's Facility, at no cost to BPA, to correct any circumstances in which the installation of Holder's Facility violate the terms of this Agreement. If, after installation of Holder's Facility, BPA desires to make modifications of BPA's facilities within the BPA Easement Area, BPA agrees to coordinate with Holder in the design and construction of such modifications in order to make best efforts to avoid modifications and alterations of Holder's Facility. In all instances, the Parties agree to coordinate with each other to avoid modifications and alterations of the Parties' facilities and to ensure that any such alterations or modifications are designed and constructed at the least amount of expense. 6. 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 structures or other 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: Amanda Raymond, phone: (509) 468-3081 or by email: ARRayiiioild@bpa.gov. 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. Case No.: 20250146 Tract Nos.: VT-3-A-128, VT-3-A-129, VT-3-A-130, VT-3-A-131, VT-3-A-132, VT-3-A-132A, VT-3-A-133, VT-3-A-134 10. Either party may terminate this Agreement upon 90 days written notice to the other party of an alleged material breach of the terms herein. 11. A copy of this Agreement shall be physically located at Holder's project site during construction 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 pant 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 BPA 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 BPA, and the actual cost of such repair shall be charged against and be paid by Holder. 15. Any notice required to be given pursuant to this Agreement shall be given in writing to the following individuals: To the City: NAME: Public Works Director ADDRESS: 10210 E Sprague Ave. Spokane Valley, WA 99206 PHONE: (509) 720-5001 EMAIL: rblegen@spokanevalley%va.gov To BPA: NAME: Bonneville Power Administration ADDRESS: 2410 E Hawthorne Rd. Mead, WA 99021 PHONE: (509) 468-3081 EMAIL: ARRaytnotnd@bpa.gov The Parties agree to notify the other party in writing of any changes to the above listed contact information. 16. This Agreement shall run with the land and all rights, benefits, and obligations herein shall extend to and be enforceable by the parties herein and their successors and assigns. Case No.: 20250146 Tract Nos.: VT-3-A-128, VT-3-A-129, VT-3-A-130, VT-3-A-131, VT-3-A-132, VT-3-A-132A, VT-3-A-133, VT-3-A-134 This Agreement becomes effective upon the signature of all parties. older jO h'A 14AVIA0A Print Name C'- 4U ("artager Title (if applicable) THIS AGREEMENT IS HEREBY AUTHORIZED: Digitally signed by AMANDA AMANDA RAYMOND RAYMOND Date: 2026.04.01 18:33:10-07'00' Realty Specialist Bonneville Power Administration 3-��-zC Date Date NOTE: Execution in Counterparts; Electronic Signature; Electronic Transmittal. This Land Use Agreement may be executed in counterparts, each of which will be deemed an original, but all of which constitute one and the same instrument. Electronic or digital signatures shall be deemed original signatures for purposes of this Land Use Agreement. Said counterparts may also be transmitted by one Party to the other by facsimile or electronic mail. 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 Marcus Anderson ("BPA Representative") by telephone at (509) 468-3082 or send written correspondence to the address listed at the top of this Agreement. 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Ln n a rr. .c,rr� f JSv Aw , z 1 : t81+73 o ;I m ' 1Bs,-81 v N • f rr cc; �a�nn----'--- ' J6t Ss W s � 1 ;az � too*" = N IF • z ' •x ON".] I eo sou - SR.�E SECS 26 a 35 T25N R44E W M SPOKANE COUNTY,, WASHINGTON GRtO p �M N QF X 2 897 000 � WASHINGTON GRID NORTH ZONE 700 Tj FACTOR 1.000 0000 to N O i= HORIZONTAL SCALE I-t 200* 3 � r , ODIO 7 100 01 0 too 400 * a ,rf) m 01 • o VERTICAL SCALE 1'=20' + �� 1 +�0Nmm "� � —To PSN NO 2 co d c�� q1 , , � c ) x � SULLIVAN RD -- -- - - _ -4 TO TRENTWOOD-i VALLEY WAY LINE (� Sw a Ho 11 ,W Ho c I 3 W oCo CZ tu M Qz D w t� A rox. location of concrete Approx. ty N sidewalk and underground stormwater structures EXHIBIT A-2 CITY OF SPOKANE VALLEY CASE NO. 20250146 TRACT NOS. VT-3-A-128, VT-3-A-129, VT-3-A-130, VT-3-A-131, VT-3-A-132, VT-3-A-132A, VT-3-A-133, VT-3-A-134 INSTALLATION OF SIDEWALKS, UNDERGROUND STORMWATER STRUCTURES, AND CROSSWALK FLASHING BEACON WITH PEDESTRIAN PUSH BUTTON PORTION OF EY:SEX OF S23 & EY2NEX OF S26, T25N, R44E, WILLAMETTE MERIDIAN SPOKANE COUNTY PORTION OF BPA DRAWING NO. 106194 VERA TAP TO TRENTWOOD-VALLEY WAY NO. 1 UNITED STATE& DEYARTMENTOF THE iNTER117R BONNEVILLE POWER ADMINISTRATION HEADQUARTERS. PORTLAND. OREGON VERA TAP TO VALLEY WAY TAP 115 KV TRANSMISSION LINE SHORT MILE 4 FROM ,YFRA (4262r) ni(4HT OF WAY DMGI4 JB7 _ Drawn r1 Drawn Dc�•.. + ` �,. Lear d C...,.. R A w�; _a o 1N_ i��cy�►y'� _ Irsud :n lrand lep:e�r DATE 5-26 56 -MT�1, DLN HA8 t �" 106194 619-12-0 M N EXHIBIT B ADDITIONAL TERMS AND CONDITIONS 1. Inform BPA once the construction of Holder's Facility is complete. 2. Construction equipment shall maintain a minimum distance of 15 feet between the equipment and transmission line conductors at all times. Do not measure this with measuring tape, pole or other physical means. If there is the possibility that any equipment can encroach on this distance, then a safety watcher will be required. 3. Maintain a minimum horizontal clearance of 4 feet where possible to the point where wood poles and guy anchors enter the earth to any buried utilities. 4. Holder shall not store flammable materials or refuel vehicles or equipment on BPA's Easement Area. 5. Drivable surfaces connected to the existing roadway of Holder's Facility constructed on BPA's Easement Area shall be designed and built to withstand HL- 93 loading for BPA's heavy vehicles. 6. Holder shall not obstruct access to BPA's Easement Area or transmission line system. BPA personnel and/or its contractors must have access all times. 7. Notice: Nuisance shocks may occur on 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. 8. BPA right-of-way and access roads shall be returned to their original condition following construction. Any damage to BPA property resulting from the proposed right-of-way or access road use shall be repaired at the applicant's expense. 9. Lighting standards/posts or other aerial obstructions shall maintain a height above grade of no more than 20.5 feet. 10. BPA shall have the right to use the sidewalk/pedestrian path for access to its structures, both to and along its transmission line right-of-way, for maintenance purposes. Case No.: 20250146 Tract Nos.: VT-3-A-128, VT-3-A-129, VT-3-A-130, VT-3-A-131, VT-3-A-132, VT-3-A-132A, VT-3-A-133, VT-3-A-134