Attachment__2_FS_Land_Status_MTH199_2015.pdf

City of Portland (Bull Run) LEX Page 1

Bull Run Land Exchange Land Status – Federal land - MTH #199

Mt. Hood National Forest

Under the authorities of the General Exchange Act of 1922 (42 Stat. 465, as amended; 16 U.S.C. 485, 486); Federal Land Policy and Management Act of October 21, 1976 (90 Stat. 2743, 43 U.S.C. 1716, 1717); Federal Land Exchange Facilitation Act of August 20, 1988 (102 Stat.

1086 as amended; 43 U.S.C. 1716)(note, 751 (note)).

Reserved Public Domain Land Status-Original Forest Reserve-Mt. Hood-October 10, 1918:

T. 1. S., R. 5 E., Clackamas County, State of Oregon, W.M.

F-1 sec. 25, SE¼NW¼, S1/2W¼NW¼; 60.00 ac.

Act of Cong. Transfer O&C Lands to Oregon NF 10/21/1918

F-2 sec. 26, SE¼SW¼; 40.00 ac.

Act of Congress approved June 4, 1897 (30 Stat. 36) FLS QCD from USA

F-4 sec. 35, N½SW¼ NE¼; 20.0 ac.

Act of Cong. Transfer O&C Lands to Oregon NF 10/21/1918

F-5 sec. 36, N½NE¼ and N½NW¼. 160.00 ac.

Public Domain Land Status-Original Forest Reserve-Mt. Hood-October 10, 1918:

F-3 sec. 26, NE¼SE¼, and SE¼NW¼SE¼; 50.00 ac.

Reserved Public Domain Land Status-Original Forest Reserve-Mt. Hood-October 10, 1918:

T. 1. S., R. 6 E., Clackamas County, State of Oregon, W.M.

F-6 sec. 30: lots 2 to 3, inclusive, E½SW¼, and SW¼SE¼; 194.44 ac.

F-7 sec. 31: N½NW¼NE¼ and N½NE¼NW¼. 40.00 ac.

F-6 sec. 30: lot 4; 36.64 ac.

Reserved Public Domain Land Status-Original Forest Reserve-Mt. Hood-October 10, 1918:

T. 2. S., R. 5 E., Clackamas County, State of Oregon, W.M.

City of Portland (Bull Run) LEX Page 2

F-8 sec. 3, lot 4; 38.34 ac.

F-9 sec. 4, lots 3 and 4, and SW¼NW¼. 117.26 ac.

Subtotal Federal Land in Clackamas County: 748.21 acres more or less

Reserved Public Domain Land Status-Original Forest Reserve-Mt. Hood-October 10, 1918:

T. 1. S., R. 6 E., Multnomah County, State of Oregon, W.M., F-10 sec. 9, SE¼SE¼SE¼; 10.00 ac.

F-11 sec. 10, lot 4, SE¼SW¼, and S½SE¼; 154.66 ac.

F-12 sec. 11, NE¼SW¼, S½SW¼, and SE¼; 280.00 ac.

F-13 sec. 12, S½NE¼, SE¼NW¼, SW¼, and NW¼SE¼; 320.00 ac.

F-14 sec. 14, N½N½NE¼, and N½NW¼; 120.00 ac.

F-15 sec. 15, lot 1, N½NE¼, SW¼NE¼, NE¼NW¼, S½NW¼, N1/2NW1/4SW1/4; 298.58

Reserved Public Domain Land Status-Original Forest Reserve-Mt. Hood-Creative Act-June 17, 1892:

F-16 sec. 16, lots 1 to 8, inclusive, and NW¼; 451.03 ac.

Various Indemnity List Base lands

F-17 sec. 17, E½NE¼, SE¼SW¼NE¼, SE¼NE¼SW¼, S½SW¼, and SE¼; 340.00 ac.

F-18 sec. 18, SE¼SE¼SE¼; 10.00 ac.

F-20 sec. 20, NE¼NW¼ and W½NW¼. 120.00 ac.

Public Domain Land Status-Original Forest Reserve-Mt. Hood-Creative Act-June 17, 1892:

F-19 sec. 20, NW¼NE¼; 40.00 ac.

Subtotal Federal Land in Multnomah County: 2,139.93 areas more or less.

TOTAL FEDERAL LAND: 2,888.14 acres

City of Portland (Bull Run) LEX Page 3

NOTE: All of the Federal Land in this exchange has Reserved Public Domain Status or Acquired Reserved Public Domain Status. Some lands for a period of time left federal ownership due to patents to Oregon and California Railroad though converted back to federal ownership and are considered Acquired Reserved Public Domain Status. Other lands that have Acquired Reserved Public Domain Status are Forest lieu selection lands (FLS) whereby, these lands were (QCD) quit claim deed back to USA.

In addition, Section 16 (F-16) are Indemnity List Base lands due to the State of Oregon incorrectly patenting some lands into private ownership though the state never received ownership.

B. RIGHTS PREVIOUSLY CONVEYED OR PERMITTED BY THE UNITED

STATES:

1. Recorded outstanding rights (describe lands affected):

Parcel F-9 - T. 2 S., R. 5 E., W.M. sec 4: lot 3 (N½NE¼NW¼);

Easement to the City of Portland dated June 8, 2004 and recorded August 18, 2004 as recording no. 2004-076600 in the records of Clackamas County, Oregon for “Larson’s Conduit Intertie.”

2. Existing roads including public roads and other rights not covered by recorded documents or permits (describe lands affected):

Clackamas County Road Number P 5035, named Waterworks Road (ending at easterly T 2 S., R. 5 E., Section 5) is a public road until one reaches the main gate to the Bull Run Watershed Management Unit. After the gate the road is considered Forest Service Developed Road No. 10.

3. Forest Development Roads (list road numbers/name and add stmt. as to why road is not being reserved, if applicable – list road(s) being reserved in Section C):

Federal LEX

Parcel Legal Description Road Number Reason

F- 8 T2S R5E Section 3, lot 4

Rd 10 No legal access to road

F-10 T1S R6E Section 9, SE¼SE¼SE¼

Rd 1000-404 Decommissioned road

City of Portland (Bull Run) LEX Page 4

4. Special-use permits (give explanation of how they will be dealt with):

Parcels F-1, F-3, F-6, F-8, F-9, F-12 thru F-20: Authorization, # ZIG120717, for the hydroelectric project which is under a FERC license issued to the City of Portland. The Forest Service shall terminate the special use permit at time of closing.

Parcels F-6, F-12 thru F-17, F-19 and F-20: Authorization, # ZIG120708 and Amendments 1-3, for Bull Run #1 dam, reservoir, spillway, two (2) residence buildings, well and service roads issued to the City of Portland. The Forest Service shall terminate the special use permit and amendments at time of closing.

Parcel F-8: A special use permit, # ZIG4006-02, issued to Portland General Electric Company for a power line right-of-way. The non-Federal party at their own expense agrees to work with Portland General Electric Company to continue use. An easement shall be negotiated between the non-Federal party and Portland General Electric Company and recorded at closing. The Forest Service shall subsequently terminate the portion of the special use permit that affects F-8.

Parcels F-8 and F-9: A special use permit, # ZIG120705 and Amendment 1, issued to the City of Portland for water transmission conduits across NFS lands. The Forest Service shall terminate the special use permit and amendment at time of closing.

Parcel F-9: A special use permit, # ZIG12070 and Amendment #1 issued to the City of Portland for authorization of four (4) inclinometers, four water conduits and spur roads across NFS lands. The Forest Service shall terminate the special use permit and amendment at time of closing.

Parcel F-12: A special use permit, # ZIG120712, authorizes a stream gauging station, cable crossing and construction of a temporary spur road to the site to the City of Portland.

The Forest Service shall terminate the special use permit at time of closing.

Parcel F-17: A special use permit, # ZIG120701, authorizes a private mobile radio service installed at the building at Bull Run Dam #1 issued to City of Portland. The Forest Service shall terminate the authorization at time of closing.

5. Grazing permits (state whether permittee signed or is willing to sign grazing permit waiver. If not, use must be reserved.):

None.

6. Unpatented mining claims (explain if patentee will relinquish claim or how it will be dealt with):

There are no unpatented mining claims within the exchange area.

7. Oil & gas leases (list leasee, location, & expiration date):

None found.

City of Portland (Bull Run) LEX Page 5

8. Minerals (state whether (1) mineral rights are being reserved by U.S., (2) mineral rights are outstanding to third parties, and/or (3) mineral rights being conveyed with the surface):

(1) No minerals are being reserved by the Forest Service.

(2) There are no outstanding mineral rights to third parties

(3) All mineral rights are being conveyed with the surface rights.

9. Water rights (state whether(1) water rights are being conveyed, (2) water rights are being reserved, and/or (3) water rights are outstanding to third parties):

(1) No water rights are being conveyed

(2) No water rights are being reserved

(3) Water Rights are outstanding in T. 1 S., R. 6 E., Section 16, Application No.

S57057, Permit No. S43857 belong to the City of Portland. These water rights will remain with the City of Portland. (Affects F-16)

10. Withdrawals (explain how they will be dealt with; e.g., request BLM revoke):

a. Secretary Order Withdrawal, December 12, 1917, Water Power Designation

No. 14 Requested BLM Partial Revocation Requested (letter dated 5.15.12)

T. 1. S., R. 6 E., W.M.

Section 9, SE¼SE¼SE¼; (10 acres) Section 17, E½NE¼, SE¼SW¼NE¼, SE¼NE¼SW¼, S½SW¼, and SE¼. (340 ac.)

b. Withdrawal Power Project 2821, dated March 22, 1979, FERC License to City of Portland

c. FS requested a revocation for eth Power project 2821, the following are affected tracts.

T. 1. S., R. 5 E., W.M., Section 25, S½SW¼NW¼ and S½SE¼NW¼;

Section 26, SE¼SW¼, NE¼SE¼, and SE¼NW¼SE¼;

Section 35, N½SW¼NE¼;

Section 36, N½NE¼ and N½NW¼.

T. 2. S., R. 5 E., W.M., Section 3, lot 4;

Section 4, lots 3, 4, and SW¼NW¼.

City of Portland (Bull Run) LEX Page 6

T. 1. S., R. 6 E., W.M., Section 10, lot 4, SE¼SW¼, and S½SE¼;

Section 11, NE¼SW¼, S½SW¼, and SE¼;

Section 12, SWNE¼, SE¼NW¼, N½SW¼, N½S½SW¼, and NW¼SE¼;

Section 14, N½N½NE¼ and N½NW¼;

Section 15, lot 1, N½NE¼, N½SW¼NE¼, NE¼NW¼, S½NW¼ and

N½NW¼SW¼;

Section 16, lots 1 to 8, inclusive, and NW¼;

Section 17, SE½NE¼, S½NE¼NE¼, SE¼SW¼NE¼, SE¼NE¼SW¼, S½SW¼, and

SE¼;

Section 18, SE¼SE¼SE¼;

Section 20, NW¼NE¼, NE¼NW¼, and NW½NW¼;

Section 30, lots 2 to 4, inclusive, E½SW¼, and SW¼SE¼.

Containing 2,670.95 acres

These parcels would be subject to:

The right to the United States, its permittees or licenses, to enter upon, occupy, and use any part or all of said lands necessary, in the judgment of the Federal Energy Regulatory Commission, for the purpose of Part 1 of the Federal Power Act, which right shall be expressly reserved in every patent/ quit claim deed issued for such lands; and no claim or right to compensation shall accrue from the occupation or use of said lands for said purposes.

d. Administrative Withdrawal ALL subject federal lands within the Bull Run LEX are affected by the Act of

Congress dated November 23, 1977, (91 Stat. 1425, P.L. 95-200), BLM No.

OR22246, Bull Run Special Resources Management Withdrawal. This Act allows for boundary adjustment.

11. Agreements (including Cost-Share)/Memorandums of Understanding:

Collection Agreement #05-CO-11060600-714, between the City of Portland and the Mt. Hood National Forest for “Floodplain and Feasibility Analysis for Proposed Land Exchange, “under the provisions of the cooperative Funds Act of June 30, 1914 (16 U.S.C. § 498) as amended.

Participating agreement #01-PA-11060600-535 cost share agreement on sharing of consultant costs for the Bull Run Consensus Project under the provisions of P.L. 94- 148 dated Dec 12, 1975 (16 U.S.C. 565a-1-3).

Bull Run Watershed Management Unit Agreement between USDA Forest Service, Mt. Hood National Forest and Portland Water Bureau how to best cooperate and

City of Portland (Bull Run) LEX Page 7 partner in managing the Bull Run Watershed Management Unit under the provision of P.L. 95-200, Section 2(d).

The Grants and Agreement Collection Agreement, 10-CO-11060600-021, to collect funds for the land exchange proposal which expires in May 2015. Agreement is being updated with an expiration date of April 30, 2017.

12. Legal Access (discuss whether or not there is there legal access to Federal Lands being conveyed)

Legal Access is via Clackamas County Road Number P 5035, named Waterworks Road (ending at easterly T 2 S., R. 5 E., Section 5) and via Forest Service Developed Road No. 10. All Federal Parcels would require access on the Road #10 in which USA acquired a road easement across the private lands of the City of Portland in which Road #10 lays – Recording No. 56-36420 Bk 1802 Pg 276 Multnomah County and Bk 515 Pg 356 Clackamas County.

Federal Parcels F-4 and F-8 require additional road access along Road #14 in which USA acquired a road easement across private land – Recording No. 37998 Bk 1868 Pg 438 Clackamas County.

Federal Parcels F-5, F-7, F-19 and F-20 would have legal access for the proponent based on adjacent lands that are presently owned by City of Portland or land exchange parcels being proposed to be conveyed to the City of Portland.

Federal Parcel F-8 legal access to parcel is across adjacent NFS lands. There is no legal road access directly to subject parcel. The City has legal access to this parcel using Road #1000183. The FS does not have legal access using Road #1000183 across City of Portland’s land.

C. RIGHTS TO BE RESERVED BY UNITED STATES:

1. Parcels F-1 thru F-20:

Reserving to the United States a right-of-way thereon for ditches or canals constructed by the authority of the United States Act of August 30, 1890 (26 Stat. 391; 43 U.S.C.

945).

2. Parcels F-1, F-2, F-3, F-4, F-5, F-6, F-8, F-9, F-11, F-12, F-13, F-14, F-15, F-16, F- 17, F-18, F-19, and F-20:

The right to the United States, its permittees or licenses, to enter upon, occupy, and use any part or all of said lands necessary, in the judgment of the Federal Energy Regulatory Commission, for the purpose of Part 1 of the Federal Power Act, which right shall be expressly reserved in every patent/BLM quitclaim deed issued for such

City of Portland (Bull Run) LEX Page 8 lands; and no claim or right to compensation shall accrue from the occupation or use of said lands for said purposes.

3. EXCEPTING AND RESERVING UNTO THE UNITED STATES and its successors in interest, a right-of-way under the control and jurisdiction of the federal party to locate, construct, use, maintain, improve, and repair existing roads over and across the following described real property situated in the counties Clackamas and Multnomah, State of Oregon, to-wit:

Willamette Meridian

Road No. 10

T. 1 S., R. 6 E., sec. 12, NW¼SE¼NW¼ (Affects F-13)

Road No. 1008

T. 1 S., R. 6 E., sec. 17, W½SW¼

(Affects F-17)

Road No. 1010

T. 1 S., R. 6 E., sec. 10, portion of S½S½ (Affects F-11)

Road No. 1010-125

T. 1 S., R. 6 E., sec. 10, S½S½

Road No. 12

T. 1 S., R.5 E., sec. 35, N½SW¼NE¼ (Affects F-4)

T. 1 S., R. 5 E., sec. 36, N½N½

(Affects F- 5)

T. 1 S., R. 6 E., sec. 31, N½N½ (Affects F- 7)

City of Portland (Bull Run) LEX Page 9

(Final Reservation language will be agreed upon prior to an executed Exchange Agreement)

Forest Service anticipates reserving unto the UNITED STATES a right-of-way to construct, use, maintain, improve, and repair existing roads which shall be under the control and jurisdiction of the non-federal party over and across the following described real property situated in the counties Clackamas and Multnomah, State of Oregon, to-wit:

Willamette Meridian

Road No. 10

T. 1 S., R.5 E., sec. 25, S½NW¼ (Affects F- 1)

T. 1 S., R.5 E., sec. 26, SE¼SW¼ and N½SE¼

(Affect F-2 and F-3)

T. 1 S., R. 6 E., sec. 30, lot 2 (Affects F-6)

T. 2 S., R. 5 E., sec. 4, lots 3, 4 and SW¼NW¼

(Affects F-9)

T. 1 S., R. 6 E., sec. 10, lot 4, and portion of S½S½

T. 1 S., R. 6 E., sec. 11, S½

(Affects F-12)

T. 1 S., R. 6 E., sec. 12, NW¼SW¼ (Affects F-13)

T. 1 S., R. 6 E., sec. 14, N½NW¼

(Affects F-14)

T. 1 S., R. 6 E., sec. 15, lot 1 and portion of N½N½ (Affects F-15)

T. 1 S., R. 6 E., sec. 16, lots 1 to 4, and 8 and NW¼

(Affects F-16)

T. 1 S., R. 6 E., sec. 17, E½ and S½SW¼

City of Portland (Bull Run) LEX Page 10

T. 1 S., R. 6 E., sec. 18, SE¼SE¼SE¼ (Affects F-18)

Road No. 1008

T. 1 S., R. 6 E., sec. 17, E½SW¼

Road No. 1010

T. 1 S., R. 6 E., sec. 10, portion of S½S½

Road No. 1211-411

T. 1 S., R. 6 E., sec. 16, lots 7 and 8

(Affects F-16)

(Final Reservation language will be agreed upon prior to an executed Exchange Agreement)

D. Encumbrances affecting the Federal lands:

Parcel F-3 – A water station along Forest Service System Road 10 is located on this parcel. This water station presently is not in operation and is owned by the Forest Service. The Forest Service shall dissemble the water station prior to closing.

Parcel F-4 - PGE’s Powerline right-of-way crosses a small portion of this parcel. This powerline right-of-way is presently in the process of being authorized. If the authorization is completed prior to the land exchanges, the Forest Service shall subsequently terminate the portion of the special use that affects F-4. The non-Federal party at their own expense agrees to work with Portland General Electric Company to continue use. An easement shall be negotiated between the non-Federal party and Portland General Electric Company and recorded at closing.

Parcel F-11- A stockpile of gravel for road pavement is located on this parcel and owned by the Forest Service. The Forest Service shall make a determination prior to signing the exchange agreement concerning this material.

Parcel F-11 – Unauthorized storage of decking logs owned by the City of Portland are located on this parcel. No authorization is required if this parcel is conveyed.

City of Portland (Bull Run) LEX Page 11

Parcel F-13 - A trail and water gauging station known as Station 18 that also consist of a cable crossing of Bull Run River. These improvements are not presently authorized. No authorization is required if this parcel is conveyed.

Parcel F-14 – An unauthorized passive reflector owned by the City of Portland is located on this parcel along Forest Service System Road 10. No authorization is required if this parcel is conveyed.

Parcel F-16 – An unauthorized boat house owned by the City of Portland is located on this parcel. No authorization is required if this parcel is conveyed.

Parcel F-16 - An unauthorized shelter gazebo owned by the City of Portland and the trail leading to the shelter are located on this parcel. No authorization is required if this parcel is conveyed.

Prepared and Updated By: Gianna Vaccaro Date: October 6, 2014_____

Title: Realty Specialist Updated: December 4, 2015

12. Legal Access (discuss whether or not there is there legal access to Federal Lands being conveyed)