UPN PacifiCorp Notice of Property Disposition Sewer Line Easement

Transcription

1 November 7, 2018 VIA ELECTRONIC FILING Public Utility Commission of Oregon 201 High Street SE, Suite 100 Salem, OR Attn: Filing Center RE: UPN PacifiCorp Notice of Property Disposition Sewer Line Easement Under ORS (2), PacifiCorp d/b/a/ Pacific Power hereby provides notice of the company s agreement to enter into an easement (Easement) with the State of Utah to facilitate access to the property crossing the Ben Lomond-Terminal transmission corridor in Salt Lake County, Utah. In accordance with the terms of the Easement, the State of Utah will pay PacifiCorp $30,552 to access the property to install a new sewer line. A copy of the Easement is provided as Attachment A. The State of Utah made a request to PacifiCorp to use a portion of the transmission corridor for the purpose of installing a sewer line in connection with a new Utah state prison correctional facility. The portion of right-of-way has been determined to not conflict with PacifiCorp current or future facility needs. ORS (2) requires notice be provided within 60 days of the completed transaction. The Easement between PacifiCorp and the State of Utah was completed on August 16, PacifiCorp inadvertently missed submitting notice of the Easement within 60 days of execution. Pacific Power takes its commitment to regulatory filing requirements seriously, and has taken steps to reinforce its processes to prevent late notices in the future. The total compensation agreed to for the Easement was $30,552 on a total company basis, of which approximately $7,950 is allocated to Oregon. PacifiCorp determined the value of the easement by multiplying the area of land (17,458 square feet) by the land value ($3.50/square foot) determined from an appraisal dated May 10, 2017, from Integra Realty Resources, then discounting the result by an easement factor industry standard of 50 percent. Providing the Easement to the State of Utah will not interfere with PacifiCorp s ability to operate its facilities or impede access to the company s property. The public is not harmed because PacifiCorp will continue to be able to fulfill its obligation to provide safe, reliable electric service. PacifiCorp respectfully requests that all correspondence and information requests regarding this matter be addressed to: By (preferred): datarequest@pacificorp.com.

2 Public Utility Commission of Oregon November 7, 2018 Page 2 By regular mail: Data Request Response Center PacifiCorp 825 NE Multnomah, Suite 2000 Portland, OR Please direct any informal questions with respect to this filing to Natasha Siores, Manager, Regulatory Affairs, at Sincerely, Etta Lockey Vice President, Regulation Enclosure

3 ATTACHMENT A EASEMENT AGREEMENT

4 After recording return to: Rocky Mountain Power Attn: Lisa Louder/ Mailia Lauto'o 1407 West North Temple, Suite 110 Salt Lake City, Utah This document prepared by: Thomas A. Shaw State of Utah Department of Administrative Services Division of Facilities Construction and Management 4110 State Office Building Salt Lake City, Utah Parcel No (Salt Lake County) PACIFICORP PARCEL: UTSL-0620 FILE NUMBER: Easement Agreement (E25) (Rocky Mountain Power) The ROCKY MOUNTAIN POWER, an unincorporated division of PacifiCorp, successor in interest to Utah Power and Light, the owner(s) of the above identified parcel or the designated representative thereof (the "Gran.tor"), of Salt Lake City, in the County of Salt Lake, State of Utah, hereby Grants and Conveys to the STATE OF UTAH, DEPARTMENT OF ADMINISTRATIVE SERVICES, DIVISION OF FACILITIES CONSTRUCTION AND MANAGEMENT, located at 450 North State Street, Suite 4110, Salt Lake City, Utah 84111, (the "Grantee") its successors and assigns, for and in consideration of the sum of Ten ($10.00) dollars and other valuable consideration, a non-exclusive easement and right-of-way ("Easement") under, over and across the lands hereinafter described for the installation, maintenance, repair, removal and replacement of Infrastructure and necessary related equipment for the Grantee's State Prison Relocation Project situated in the County of Salt Lake, State of Utah, and more particularly described as follows as shown in the attached Exhibit "A" incorporated by reference herein. This easement is subject the following conditions: Grantee, its successors and assigns, will not make or allow to be made any use of the easement herein granted that is inconsistent with, or interferes in any manner with Grantor's operation, maintenance or repair of Grantor's existing installations or additional facilities or improvements constructed after the granting of this easement, including electric transmission and distribution circuits that cross over or above the property as herein described. Easement Agreement (E25) I of 5

5 Grantee, its successors and assigns, will not use or permit to be used on said Easement Area construction cranes or other equipment that violate OSHA and Utah High Voltage Act Safety Clearance Standards. Grantee shall not store materials within the Easement Area. Grantee will not excavate within 50 feet of Grantor's transmission structures without the express written prior approval from Grantor. The storage of flammable and hazardous materials or refueling of vehicle/equipment is prohibited within the Easement Area. At no time shall Grantee place any equipment or materials of any kind that exceeds fifteen (15) feet in height, or that creates a material risk of endangering Grantor's facilities, or that may pose a risk to hwnan safety. Grantee's use of the Easement Area shall comply with OSHA and Utah High Voltage Act Safety Clearance Standards. All testing, removal and disposal of disturbed soils, debris, tested materials and bore cuttings shall be performed and removed at Grantee's sole cost and expense; in accordance with all local, state and federal laws, rules and regulations, by a contractor qualified to do such work. All bore materials, cuttings, disturbed soils, and debris removed and retained by Grantee or its contractor for the duration of testing shall be conducted under prior agreement between Grantor and Grantee. Grantee or its contractor shall provide all test results to Grantor within a reasonable time. The activities of Grantee, its officers, agents, employees, contractors, and subcontractors shall not cause the spread of contamination to the site or the groundwater under the site. After construction or maintenance, all non-hazardous and non-radioactive materials shall be disposed of in an appropriate manner by Grantee or its contractor. Any radioactive or hazardous site materials shall be handled under procedures approved by the Utah Division of Radiation Control and disposed of in a facility licensed to dispose of such materials. Grantee (which for purposes of this paragraph is deemed to include" its officers, agents, employees, contractors, subcontractors at any tier and anyone for whom Grantee may be liable") agrees to hold harmless and indemnify the Grantor, it's employees, agents, contractors and others against any and all claims, and all loss, damages, injury, liability, suits, and proceedings from any source resulting from installation maintenance, operation or repair of the Infrastructure and from the wrongful acts or negligence of Grantee and shall defend the Grantor it's employees, agents, contractors, or visitors against any and all such claims. All of the Infrastructure and related equipment under, upon, and across this easement will be as selected, installed, owned, maintained, and operated by the Grantee in accordance with all codes, laws, rules or regulations applicable at the time of such installation. Grantee shall bear all expenses relating to the installation, operation, maintenance, repair, and removal of the Infrastructure and necessary related equipment. Grantor, its successors and assigns, shall have the right to use and occupy the surface of said property for any purpose consistent with the rights and privileges herein granted and which will not endanger or interfere with construction, maintenance, and operation or reconstruction of the Infrastructure and necessary related equipment. Easement Agreement (E25) 2 of 5

6 If construction, maintenance, and operation or reconstruction of the Infrastructure and necessary related equipment is required, it shall be the Grantee's responsibility to restore the Grantor's easement property as well as adjacent property or any of Grantor's property used to access the easement property to as near as reasonably as possible to the condition the Grantor's property and the easement property was in prior to the construction, maintenance, and operation or reconstruction of the Infrastructure. Grantee shall not use the easement property for any other purpose than the construction, operation, maintenance, repair and replacement of the Infrastructure and necessary related equipment appurtenant to the operation and control of said Infrastructure. All of Grantee's equipment, construction, maintenance, and operation or reconstruction of the Infrastructure and necessary related equipment and activities shall occur within the Easement Property. Together with the right of access to the right of way from adjacent lands of Grantor for all activities in connection with the purposes for which this easement has been granted; and together with the present and (without payment therefore) the future right to keep the right of way clear of brush, trees, timber, structures, buildings and other hazards which might endanger Grantee's facilities or impede Grantee's activities. At no time shall Grantor, light any fires, place or store any flammable materials on or within the boundaries of the right of way. Subject to the foregoing limitations, the surface of the right of way may be used for agricultural crops and other purposes not inconsistent, as determined by Grantor with consent of Grantee, with the purposes for which this easement has been granted. Such consent shall not be unreasonably withheld. Grantor shall be allowed to install roads as necessary to allow access to Grantor's property. These easement rights are available to the Grantee, its heirs, successors, or assigns only until such time as the Infrastructure, under, upon, or across the easement is permanently abandoned or removed, the use of the Grantor's property changes, or if it is determined that terminating the Easement is in the best interests of the State of Utah, at which time the title and interest of the Grantee, its heirs successors or assigns, in the rights of the easement shall terminate and the easement shall expire. Together with and subject to any and all easements, rights-of-way, and restrictions appearing of record or enforceable in law and equity. This Easement is appurtenant to the property now owned by Grantor and benefited by the Easement, and the Easement shall run with the land. Easement Agreement (E25) 3 of s

7 IN WITNESS HEREOF, the Grlll\IRr has ca"tt:+~rate name ID be hereunid affixed by its duly authorized officer this fk~ay of GRANTOR: A.IN POWER, an unincorporated division of PacifiCorp o las N. Bennion Vice President of Engineering & Asset Mgmt. STATE OF UTAH ) ) COUNTY OF SALT LAKE ) On the lk day of ~\Ut, 2018, personally appeared before me Douglas N. Bennion, who, being duly sworn, did say that he is the signer of the within instrument on behalf of Rocky Mountain Power, an unincorporated division of PacifiCorp and that the within and foregoing instrument was signed by authority of said corporation and said Vice President duly acknowledged to me that said corporation executed the same. '--% ~4 ~o Notary Public My Commission Expires: \='.12-b~ \\, l(f) , I ~~1c I. MAI.IA &..Wre'O I ""==-I Cilllllllllllll _,,. I ""-----~_of_utlt~-.a Easement Agreement (E25) 4 of s

8 Sewer Easement (E25) Utah Power & Light Company Parcel No /16/2018 SRV EXHIBIT A Easement Legal Description A sewer easement, upon part of an entire tract of land situate in the NE 1 /4 of Section 1, Township 1 South, Range 2 West Salt Lake Base and Meridian, in Salt Lake County, Utah. The boundaries of said sewer easement of land are described as follows: Beginning at a point being North 00 00'47" West, along said section line, feet from the East Quarter Corner of said Section 1 and running thence North '45" West 8.41 feet; thence North 89 46'21" West feet to the westerly line of that certain property conveyed to Utah Power & Light Company by Warranty Deed recorded as Entry No in Book 4810 at Page 128 in the office of the Salt Lake Country Recorder; thence, along said westerly line, North 03 14'13" East feet; thence South 89 46'21" East feet; thence South '45" East 8.24 feet to the east line of said Section 1; thence, along said east line, South 00 00'47 11 East feet to the Point of Beginning. Containing 17,458 square feet or acres, more or less. {Depiction of this legal description to follow as page 6 of this Easement Agreement.} Easement Agreement (E25) s of s

9 SCALE OF FEET NORTHEAST CORNER SECTION 1, TOWNSHIP 1 SOUTH, RANGE 2 WEST, SALT LAKE BASE ANO MERIDlAN ' v BOOK481D WARRANTY DEED LITAH f'omr& LIGHT COMPANY I / -ENTRY PAGE 128 SW'48'21'E ' SEWER EASEMEHT ; UTAH POWER & LIGHT ---«lllpniy / - (E25) 17,458 SQ FT I DAOD AC S89"51 '45"E --B :i ~ ~ -, E ~ ~ l1l ~ N81r48'21"W ' ,- N811"51'45'W _) '-Poe 8.41' (' EAST QUARTER CORNER SECTION 1, TOWNSHIP 1 SOUTH, RANGE 2 WEST, SALT LAKE BASE AND MERIDlAN UTAH POWER & LIGHT COMPANY. {PARCEL NO H>05) (E25) PSOMAS 4179 Rhlrllaat Raad, ~ 2CX) r:,\)~fu~j11i (FAX) USCF E25 EXHIBIT ( ) Drawn by; SRV '""""""' NII. BHOE010JOO FIGURE f

10 DATE I-80 SALT LAKE GARFIELD & WESTERN RAILROAD (E21, E22) SUBURBAN LAND RESERVE INC. (E20, E24) STADLER RAIL (E23) C:\pw_work\jordans\d \PG Sewer Routing South of I-80.dwg - Sewer Easements South of I-80-4/19/ :39pm, jordans 5600 W. REV DATE BY DESCRIPTION REVISIONS SCALE HORIZONTAL 1"=300' (22"x34") 1"=600' (11"x17") VERTICAL WARNING IF THIS BAR DOES NOT MEASURE 2" THEN DRAWING IS NOT TO SCALE 2162 West Grove Parkway Suite 400 Pleasant Grove, UT (801) S. USCF RELOCATION SEWER EASEMENTS SOUTH OF I-80 UTAH POWER & LIGHT COMPANY (E25) DESIGNED JJS DRAWN JJS CHECKED DATE DATE 4/19/18 4/19/18 PROJECT NO. SHEET NO. OF DRAWING NO.

11 PHOTO LOOKING EAST ALONG 150 SOUTH STREET TRANSMISSION POLE NO: 16 TERMINAL-WEBER (DC SECTION) 46kV TRANSMISSION POLE NO: 17 TERMINAL-WEBER (DC SECTION 46kV DISTRIBUTION POLE - TERMINAL_CB kV DISTRIBUTION POLE - TERMINAL_CB kV