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SDR1990-00010POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. •s 7Fr aS CITY OF TIGARD OREGON SITE DZEQ1EiDELlEgIEW APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 1. GENERAL INFORMATION PROPERTY ADDRESS /LOCATION t t me TAX MAP M TAB LOT 5 1- -- , dbio 41 Ile +Me Cod r SITE SIZE "fit `' axi PROPERTY OWNER /DEED HOLDER* ADDRESS' {; { . , d ai 1 Ci r`, _ PHONE CITY ,this ; .,+ ZIP APPLICANT* J. t o 1 � ra+:.6w a �3 ` . .+ +' s ADDRESS PHONE 1 L 1 CITY +fit :` r•" r ZIP .yar *when the owner and the applicant are different people, the applicant must be the purchaser, of record or a lease it possession with written authorizatiott from the owner or an agent of the owner with Written authorization. The owner(e) Mist sign this application the spade provided on page two or O submit a written authorization with this application. 2. PROPOSAL SUMMARY The doers of record of the subject property request site development � review ev� �a pp val to ie approval allow 0524P/13P Rev' d 5/87 MAC" 1 8 1990 2 Ff I tuAtio PU (G ; FOR STAFF USE ONLY CASE NO. / OTHER CASE NO'S: RECEIPT NO.Ul APPLICATION ACCEPTED BY: DATE: 0 Appli ation elements submitted (A) Application f ortn (1) + (B) Owner's signature /written authorization (C -Title transfer instrument (1) ' D)snessor' a map (1)-1 E) 1l:ot plan (pre-app checklist) )Applicants s statement .pre -app checklist) List of property owners and addresses within 250 feet (1) �a> Filing fee (H) Filing fee (3 ` ' ,' DATE DETERMINED TO BE COMPLETE INAL DECISION DEADLINE: COMP. PLAN /ZONE DESIGNATION: l N.P.O. Number: APProval Date: Final ApProvai Date Planting Engineering Tiauce, eondttionsl use, ae .S ,tiva lands r other land use ae,ttclins dared ag part this a pg3 icatio a �wiw • .-. �. i�i- ., n. . rNM.,«.. �Nw.,h..awA+iMn.fw.,,*A..w!. To have a cowp) to app1.icat ,o'n yot3 will need y abmit att:achmettts attached Lofor tion sh$ t at the time you auburn thin " T(S) SliALL (ART XPI THATa veo r ua st does {a„aot viola t a9 deed restrictions "�'"Swlt+Mlwa+M+ rw? ar,x,, ti °r .. 4) tea tk� b S . 1x t Mr��`!41aeAryrh�+wwrwkYr� _ �` fiction ia ,Brained, tho agp1icamt: 1./1).1 exercise the rights s " in &. orthnce with the terma and :subject to 4.31 the conditions and E 1 ' 0 the apprrova3. tb4 ah ve ..nd. the Statement6 its the plot plan, `°exhib t , transmitted herewith, ar taiga and the li41A Nb:l s ' a aakuou'ledrte that any pezmit issued, based on thin t : lAa, be revoked "if tt is found that any such statements a t ` ; 1140 read, the eut re eo a . a of the appiication,. .xicludUng; ' i and o ite rria , 40, underSt:end$ the re qui renaent s for spproiving the application 1n4)D this 4Y 1 aver (gig hust40 a a x w 25112AC -00900 .......... KNHS DEVELOPMENT CO, 7269 N ADAMS DR MADRAS OR 97741 2S112AC -01300 r•IRS•s •••••• moo, POULIN, ROBERT A ET AL • RIVAS, ERNEST ADD ROSE 16060 SW 76TH AVE TIGARD OR 97224 2S1I2AC -01700 ..... . MEDFORD, JOHN AND FLORENCE • REEVES, JERRY C. 15065 SW 74TH TIGARD, OR 91224 2S112AC -01801 • ..... .o. • a ..• • ♦,•'n • . +.• COFFEE KINGS INC 11185 SW FOOTHILL DR PORTLAND OR 97225 2S112AC -02000 e.• .....• •. •• PROJECT 72 PARTNERSHIP 14915 SW 72ND AVE TIGARD OR 97224 2S112AC -02300 • ...r.....» TAYLOR, THOMAS M TAYLOR, RILEY R 6655 ''SW HAMPTON SUITE 200 PORTLAND OR 97223 2S112AC-00300 ...:e.•.•••.�• «•••• MOORE, ROD A ET AL • EMPIRE BATTERIES INC P 0 BOX 23962 TIGARD OR 97223 r� ry 25112AC -00 00 ..0 .sso4...♦n••.i SKOURTES, JOHN R 17010 SW WEIR ROAD BEAVERTON OR 97007 2S112AC- 02400 .....•....� STERN, TOM X TRUSTEE 1455 SOUTH LAKEFRONT RD LAKE OSWEGO OR 97034 2S112AC- 012LL.4.� •r••.w..•ws,.e• •• NHS DEVELOPMENT CO 7269 N ADAMS DR MADRAS OR 97741 2S112AC -01600 .•• .. • FIBER PULL CONSTRUCTION -INC 17010 SW WEIR AD BEAVERTON n • • • OR 97005 2S112AC -01800 .••'.p••• •• ••.. COLBERT, JIM TRUSTEE FOR BE, .YVER BOLT INC 14965 SW 72ND AVE PORTLAND OR 97224 2 S 112AC -01900 ..............•• H H 0 AND B ASSOCIATES P 0 BOX 23755 TIGARD OR 97223 2 S 1 12A.0 -02 100 SORGi, OTTO 14865 SW 72ND TIGARD • • tl . -• • OR 97224 • . • 2S112AC -00200 ene¢r.b.....eo.. FLETT, WILLIAM NATIONAL SAFETY CC" :'i "?ANY RT 1. BOX 575 M BEAVERTON (At 97005 2S112AC -00400 .. .e. NATIONAL SAFETY CO BY HARRINGTON IND PLASTICS 168 FREEDOM AVE ANAHEIM • b•.i CA 92801 2S112AC -00800 ....•..,•. ...ei.e•h .• DOBSON4 ROBIN X % PUGET CORP' OF 'OREGON 7440 SW BONITA ROAD PORTLAND OR 97224 2S112DB -00401 ..'.....e..•...�er.••.: SANTA FE PACIFIC REALTY CORP 201 MISSION ST SAN FRANCISCO CA 94105 AFFIDAVIT OF MAILING STATE OF OREGON County of Waehingtan City of Tigard T, depose and say: (Please print That I am a- i a .. if„, for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: L.' -That I serf ed. NOTICE OF DECISION FOR: City of Tigard Planning Director Tigard Planning Commission Tigad Hearings Officer Tigard City Council A copy (Public Hearing Notice /Notice of Decision) of which ie attached (Marked Exhibit "A"°) was mailed to each named persons at the address shown on the attached list marked exhibit "B on the day of k, ../vLk 19. said notice NOTICE OF DECISION as hereto attached, was posted on an appropriate bulletin board on the 2:10- day of � �WV�.�2 , 1g 0 and deposited in the United States Mail on the 221.-t__ day of Wit✓ +-2. 19 Postage prepaid av$1.1 scribed and sworn /affirm to me on the 0 E • axes: . y e POST OFFICE son who deli -Ted to POST Subscribed and sworn/affirm to me on the r day of 9 IO 'ARY PUBLIC OF OREGON r My Commission Expires. �% • CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 90- 0010 MACKENZIE SAITO & ASSOCIATES (PACIFIC, REALTY ASSOCIATES) APPLICATION: A request by Mackenzie Saito & Associates (Pacific Realty Associates . property owner) for Site Development Review approval; to allow construction of two flex - space industrial, buildings of approximately 97,500 and 20,250 square feet on a 7.32 acre parcel. Zorai-g Designation: I -L (Light Industrial). Locations North of SW Kab1 a ?sane, south of SW Bonita Roar, east of SW 74th Avenue (WCTM 2S1 12AC, Tax Lots 1000, 1100, 1400, and 1500; WCTM 2S1 12AC, tax lot 401). DECISION: Notice is hereby given that the P1.nni,ng Director's designee for the City of Tigard has APPROVED the above request, subject to certain g based are conditions. The findings and conclusions on whicY. the decision was noted below: . FI'tDINGS OF FACT 1. Background Three prior land use applications regarding tax lots 1000, 1100, 1400, and 1400 have been reviewed by the City of Tigard. The Planning Director approved ° A elo meat Review re gu est for r an of f ice and warehous usiness p ark in 1979 (SDR ,44-79). 'A Site Development Review h application for develo pm nt of l a manufacturing plan t e s to was approved in 1981 (SDR 78-81). proposal through. In Neither Site �Development Review ro Deal was carried 1988 the City Council denied a request by Morse Brother0, Inc. for a Comprehensive Plan Amendment from Light Industrial. to Heavy Industrial and a Zone Change from I -L (Light Industrial) to I -H (Heavy industrial) for the parcels. Minor Land Partition approval MLR 88-17 approved creation of tax lot 401 from a 9.2 acre original p Parcel that includes the site of Consolidated Pipe and Supply, which is immediately to the south. No other land use or development applications regarding these parcels have been reviewed by the City of Tigard. .; Vicinity Information The /.32 acre site is located approxitiately 600 feet south of SW Bonita Road, east of SW 74th Avenue and the Eurlington Northern Railroad tracks, and west of the Southern Pacific Railroad t `adks and SW 72nd Avent,ie. A 30 -foot wide undeveloped public right- of-waY is iodated between the Burlington Northerly Railroad tracks and the su j The j parcel.S are located the parcels. � ��he euh, ect b'ect a north of two recently constructed industrial flex -space g properties by ' • he Pacific Realty Associates. builda.n s on ro erti�e�i awned b � NOTICE or DECISION SDR 90--bolo - MC .KENZiE /SA.ITO AGE 1 Those buildings are designated Buildings '218 and 220 of Oregon Business Park III. The subject site and adjacent properties to the north, south, and east are all designated by the Comprehensive Plan as Light Industrial and are zoned I-L. An automobile maintenance facility and an industrial plastics manufacturer are located immediately north of the Bite. Warehouse, manufacturing, and construction related uses are located to the east of this site across the Southern Pacific tracks. Ball ` Creek crosses through these properties and along the northern border of the site on, its course to Fanno Creek. Consolidated Plumbing Supply's site in addition to the two warehouse is located south of the. s`�. buildings currently under development by Pacific Realty Associates. Further south is an assortment of industrial and limited commercial uses, including the various phases of the Oregon Business Park,. West and southwest of the site across SW 74th Avenue, properties between the road and Fanno Creek are zoned I--P (Industrial Park). Much of this area is currently vacant However , one cons truction storage yar d and th ree houses are located across 74th Avenue from the site. In addition, the Puget Corporation manufacturing plant is located northwest of these properties and other construction storage yards and various industrial uses are located further south along, SW 74th .Avenue. Site Information and Proposal Description The site is relatively level with a slight slope to the north. The far noel hern portion his site is wooded and slopes toward Ball Creek. The remainder of t on of this of +, imar ul, deciduous the parcel is covered by a variety P" ' y uous trees, grasses, and blackberry bushes. The foundation of an old house remains on the northern portion of the site. The applicant requests Site Development Review approval of plane to construct two flex space industrial buildings on the site. Proposed building 221 of the Oregon Business Park III would be a 97,500 square foot single-story warehouse building. This building would be located on the southern Portion of the subject site. A number of at- grade overhead door loading areas would be provided on the east, north, and south sieges of the .building. A. number of dock -high overhead doors would be located thl western side of the building. Proposed building 222 to the north would be a 20,250 square foot single- story` industrial warehouse building. t- grade overhear. dooi s with dock - would h gh loading areas .� r,.y ombine a overhead Access to the prop is osed to be provided by the northern driveway through the si to of bulld!ngt� 218 and 220, as well as through a driveway to be developed along the eastern edge of the Consolidated Plumbing Su 1 site, railroad Plumbing pp y � , just west °af the spur. Both access roads would connect with SW Habie Lane, In NOTICE OF DECISION -- SDR 90 .-0010 - MC KENZIE/S !ITO PAOB 2 • addition, the site plan notes an emergency rail croso ng to be located along the site's western edge leading to SW 74t.h Avenue. No indication has been provided regarding whether the >applicant, has requested permission from the Southern Pacific Railroad and the Oregon Public Utility Commission for this railroad ':crossing. A total of 164 automobile parking spaces are proposed, .1Lncluding 4 designated handicapped parking spaces. The majoritl of the parking spaces would be located along the eastern edgla of the p the north rlsnd south site with additional s aces - to be located on ends of the site. No automobile parking is proposed on the western side of the buildings. This area is reserved f' "or. truck ,maneuvering 'to the loading docks. Proposed landscapilrag would include a variety of deciduous and evergreen trees and bushes along the edges of the site and adjacent to the proposed buildings. The, existing natural landscape area adjacent to Ball proposed p to. be left Creek . on the northern end of the site is p ro untouched. Agency and NPO Comments The Engineering Division has reviewect the proposal and has offered the following comments: a. The applicant has submitted a site plan, a Preliminary utility and grading plan, as well as a traffic report. b. The site is bounded to the east and west by railroad righter -of -way; there is no frontage,, aloe g a ,public street right- of -wery. Access !'would be proVided by two driveways crossing a parcel to the south and connecting to 5W Kable Lane at e xisting concrete driveway aprons. The westernmost driveway is 40 feet wide and was permitted by a street opening permit isstied April 13, 1290. The applicant currently 'proposes, to widen the existing driveway tea approximately 54 feet. A train on the spur track along'' the proposed driveway could block access to the site from SW Kable Lane. The additional width of the driveway will permit accesis from SW Kable there train On the spur Lane from the, south while here is a track. Th1,0 emergency access would be particularly important When another train on '' the /Southern Pacific Railroad to the west Was blocking access from SW' 72nd to SW Itab],e Because of the difficult access caused by the railroad cressis ge in this areal the Fire District has directed the applicant ' to' pursue an additional access from the :site to SW 74th Avenue Subsection 18.408.080 A of the Codex requires that each of ' riveways have a minimum , pa';red width of 24 feet it the a Although not showt:i e rl on the Submitted s width of 30 feet. wtti n acc t ,. plans, the apps icatiorl, that created T TICS aR DEdZ ION - SDR 90-- 0010 MC KrN IE/SA TO PAGE 3 the subject parcel (ML? 88 -17) resulted in a 30 -foot wide access easement for the westernmost access. However, there appears to be an error in the legal description of the easement that must be corrected. There is presently no easement for the easternmost access. An easement across tax lot 300 to the south must be obtained. c. Sanitary sewer service is available on site and need not be extended for future service to other parcels da Storm drainage is discharged across the northern portion of the site to Ball Creek. p that the eb The submitted traffic report concludes proposed project's egress volume can be satisfactorily served by the SW Kable Lane approach to SW 72nd Avenue- The Tigard Water District has commented that two additional fire hydrants are needed to meet the minimum standards for this type of use In addition, permits from the Southern Pacific Railroad will be necessary before water line installation may begin. District has reviewed the The Tualatin Valle y �. Fre and Rescue Drs proposal and has commented that hydrant locations should be coordinated between the applicants, the Fire District, and the Tigard Water District- The Vire District has also noted that they are aware of the applicant's plans to provide an emergency access across the railroad tracks. The Southern Pacific Railroad has reviewed the proposal and has commented that the railroad is concerned that the side ditch adjacent j to the tracks is kept intact n during construction. Y� encroachment into the railroad right-of-way The City of Tigard Building Division, NPO #5, PGE, and GTE have reviewed the proposal and have issued no comments or objections- No other comments have been received. ANALYSIS AND CONCLUSION The proposal for development of Oregon Business Park III Buildings 221 and 222 conforms with Community Development Code 1-L (Light Industrial ) zoning district requirements for t yp e of use, set ba cks from property boundaries, building height (45 feet maximum allowed: 21 feet triaximum building height proposed), site Coverage ( 85 percent maximum coverage allowed; 80 percent coverage proposed) and site landscaping (15 percent minimum landscaping; 20 percent l ndsoap ng p ro p bee d ). The he proposal Complies With omrnuai y Dev elo i me at Code re guirements for parking area trees, site landscaping, vision NOTICE or DECISION - SDR 90- -0010 - MC 1KENZIE /SAITO PAGE 4 • ( clearance at driveway road intersections, and availability- necessary Public services (water, sewer, storm sewer). The site plan provides an adequate number of parking ,s aces to satisfy the code parking requirements for uses likely to 'locate in the proposed buildings (164 spaces provided or 1 space per 718 square feet of gross building area; the Code requires that warehouse uses be provided with at least 1 parking space per 1000 square feet). The plan also provides for a sufficient number of designated handicapped parking spaces (4 required; 4 provided) in locations convenient to the building entrances. The site plan notes that bicycle parking wile.l be provided inside the proposed buildings Code Section 18.106.020(P) requires that one bicycle parking space within an approved bicycle rack be provided for every 15 automobile Parking spaces" herefore, 11 bic y cle parking spaces ar e required. The will be required to note on tenant modification building permit plans where in the buildings these bicycle spaces will be provided. The site meets minimum access standards g Provision of two . tandards thzou �c the rovisi a driveways Buildings and access drivewa s from Kable Lane on either side of B�► 218 err 220 to the south. Code Section 18.108.080.A requires that industrial use parking areas in excess of 100 parking spaces be provided with either two 2" -foot wide access drives or one 40-foot wide access drive. Staff and the Tualatin Valley Fire & Rescue District expressed concerns to the applicant prior to plan submittal that because of the location of the proposed buildings with respect to the number of • file Lane, and other railroad tracks which cross the access drives, Kable nearby streets, the potential exists for, access to the proposed buildings tc be blocked creating an extremely dangerous condition with respect to fire, police, and emergency medical service to the site In response to these concerns, the applicant has proposed that the westernmost access drive be located on the west side of the rail spur on the easement on the Consolidated. Pipe and Supply property. This has been done so that emergency vehicles could reach, the subject, Site during a roadway blockage on Kable and 72nd through travelling through the Carman Executive Suites site to the western end of Kable and north to the site In addition, the site plan indicates that an emergency crossing of the Burlington Northern Railroad tracks to SW 74th Avenue ie to be pursued. Staff encourages the applicant to fully pursue the emergency access option with t.t ,,, railroad and the Oregon Public Utility Commission. DECISION S SITE DEVELOPMENT REVIEW � .. - THE I�IREOTUxt S DESIGNEE APPROVES SDf. 900010 - SUBJECT TO THE FOLLOWING CONDITIONS BUILd INC ` PERMITS WILL Not BE ISSUED 'UNTIL THE FOLL0WING CONDITIONS ARE FULLY SATISFIED OR A SATISFACTORY PE 2FORMANCE ASSURANCE IS POSTED OUAfANTEEING CO1'4PLETIoN OF IMPROVEMENTS . The applicant shall provide evidence that permission to construct an emergency access between the proposed site te and SW ?4th Avenue NOTICE OF PECISI0N -» 8DR 90 -0010 w Md KENZIE/.SAITO' pAOEB` has been requested from the Burlington Northern Railroad and the Oregon Public Utility Commission. STAFF CONTACT: Jerry Offer, Planning Division, (639-4171)- Building permits will not be issued and construction of the proposed driveway shall not commence until the Engineering Department has reviewed and approved the plans and a Street Opening Permit has been executed. The Street Opening Permit submittal shall show that all requirements of the Oregon Public Utility Commission for the railroad crossing have been met. A 100% Performance Assurance or a Letter of Commitment and the payment of a permit fee are required. STAFF ` CONTACT: John Hagman, Engineering Division, (639-4171). • The applicant shall submit access easement agreements with a map of all proposed and existing easements. Joint use and maintenance agreements shall be executed and recorded on City standard forms for all common driveways. The agreements shall be referenced can and become part of all applicable parcel deeds. The agreements shall be approved by the Engineering Department prior to recording. STAFF CONTACT: John Hagman, Engineering Department (639-4171). • The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on -Site system designed to prevent runoff onto the adjacent property. STAFF �g p 7 CONTACT: Brad Roast, Building Division (639-4171). • The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. STAFF CONTACT: Bray?: Roast, Building Division (639-4171)- 6. An erosion control plan shall be pro-rrided as part of the buildingc permit application. The plan shall conform to "Erosion Control plans - Technical Guidance Handbook, November 1989." STAFF CONTACT: Brad Roast, Engineering Division, (639 - 4171). U PERFORMANCE ASSURANCE IS POSTED, THE FOLLOWING UNLESS A SATISFACTORY P CQNDITI0N5 S. HALL'... BE SATISFIED PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMITS • The proposed landscaping materials and other proposed site improvements shall be installed , in conformance with the approved Bite plan. STAFF CONTACT: Jerry Offer, Planning Division, (639- 4171) . r .. . • Tenant modification building Permit lane shall indicate where required I, icycle racks will be Placed. A minimum of 11 bicycle parking spacee shall be one provided Within o Year ear -of the issuance NOTICE OF DECISION': - SDR 90 OO10 Md 1tENZ1E /SAI'TO` PACE 6 a. of initial building permits for construction of the proposed buildings. STAFF CONTACT: Jerry Offer, Planning Division, (639- X171). THIS APPROVAL SHALL BE VALID IF EXERCISED WITHIN 18 MONTHS OF THE DATE OF FINAL " DECISION ` NOTED BELOW.' Notice: Notice was published ,In the newspaper, posted at City Hall and mailed to: )( The applicant and owners t( Owners of record ;'within the required distance X The affected Neighborhood Planning Organization Affected government agencies • Final Decision: :THE DECISION SHALL BE FINAL ON 7/10/90 UNLESS AN APPEAL IS FILED. • peal: Any ;party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provide0 that a written appeal mist be filed with the City Recorder within 10 days after notice a.s given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd.,' Tigard, Oregon. The deadline for filing of an aPPeal .e 3:30 ]Psim. jU1Y 10, 1990 Questions: If you, have questions, please call City of Tigard Planning: Department, City of Tigard City Hall, 13125 SW Hall, Blvd., '. igard, Oregon. APPROVED BY Keith Liden, Senior Planner NOTICE ' OF DECISION .- SDR 90 -0010 - ~MC ICENZIN %SAITQ PACE 7 SEE SIT. SOLA VINO" tr i SIRLOINS 2222 tN.-7tL eat t4t.W- i�°iease> AA ASAAIALSA tti aoa_,adne AAJ . L∎ttaa RRFLROAO swat 7a Pty tt31 1. 49'-4• V1PL, 184.. Sim 3 1.2116 mAGe PaoTraist OREGON BUSINESS PARK SUILDINGS 221 & 222 PHASE IS SuI!d!tge 221 A 222 81:5 PLAN AS FILED FOR DESIGN REVIEW 5 -18-90 amy ODI 2S112AC -00900 • ••• • KNHS DEVELOPMENT CO 7269 N ADAMS DR` MADRAS • • OR 97741 25112A0 —01300 . .......••••••• • • • •.• • u. POU IN, ROBERT A ET AL % RIVAS, ERNEST ADD, ROSE 16060 SW 76TH AVE TIGARD OR 97224 2 S112AC- .01700 wli• o e s s • ry • • • • w e o • • e • • • MEDF"ORD, JOHN AND FLORENCE REEVES, JERRY C 15065 SW 74TH TIGARD OR 97224 2S1I2AC -01801 • ... COFFEE KINGS INC 11185 SW FOOTHILL PORTLAND DR OR, •• 2S112AC -0120v •aria ••.......•ww• KNEES - DEVELOPMENT 7269 N ADAMS 'D MADRAS / OR 97741 2S112AC- 01600 ...••••••m•••••• FIBER PULL CONSTRUCTION INC 17010 SW WEIR RD BEAVERTON OR 97005 2S112AC -01800 ........••....•. COLBERT, JIM TRUSTEE FOR BEAVER BOLT INC 14965 SW 72ND AVE PORTLAND OR 97224 ••••• 251 12AC -01900 .•w «•.dw•.•w•i•w••r }••.• H H( 0 AND -B ASSOCIATES P 0 BOX 23755 TIGARD OR 97223 2S112AC- 02000 • e•••••••• PROJECT 72 PARTNERSHIP 1.4915 SW 72ND AVE TIGARD OR 97224 2S112AC- 02.300 0 • e • • o + • • • • Y • • • r.. ri s TAYLOR, THOMAS M TAYLOR, RILEY R 6655 SW HAMPTON SUITE 200 PORTLAND OR 97223 25112AC- -00300 ......•••••••• MOORE, ROD A ET AL % EMPIRE BATTERIES INC' P CO BOX 23962 TIGARD OR 97223 23112AC-00500,•••.•4•4,••••... .. •• SXOURTES , JOHN R 17010 sr WEIR ROAM BEAVERTON OR 97007 2S112AC`. -02400 •i.•44 •:•b•d'..b•••.rn•'8••b. STERN TOM IK TRUSTEE 1455 SOUTH LAKEFRONT RD LAKE OSWEGO OR 97034 MP CKENZIS/SAITO & ASSOC- PO SOX 69039 PORTLAND f OR 97201 2S112AC=- 02100, SORG, OTTO 14865 SW 72ND TIGARD OR 97224 2S1I2AC- -00200 . , • • • ............ F'LETT, WILLIAM % NATIONAL SAFETY. COMPANY RT 1 BOX 575 I BEAVERTON OR 97005 2SI12A0-00400. ••••e•'•oo ♦e••e o•.• NATIONAL SAFETY CO BY &ARRINGTON IND , PLASTICS 168 FREEDOM AVE ANAHEIM CA 92801 2S112AC -00800 •••i• «•i••.'•••• • 4' 41 DOBSON, ROBIN K % PUGET CORP OF OREGON 7440 SW BONITI ROAD PORTLAND OR 97224 s 2S112DB -00401 r••s'•••i,•..•u.•.'..a SANTA FE PACIFIC REALTY CORP 201 MISSION ST' SAN FRANCSCO CA 9470.5 PACTRUST 111 SW FIFTH AVE S -2950 PORTLAND,, OR 97204 CRAIG HOPKINS 7430 SW YARNS ST TIGARD, OR 97223 �� i'l P l 4, 14 201990 TIMES PUBLISIiING COMPANY p.Q. BOX 370 PHONE (503) 684 -031 tt OF TIGAtD City of Tigard PO Box 23397 Y Tigard, Or 97023 BEAVERTON, OREGON 97075 Legal Notice Advertising 11 marsh II in STREET 1 TT 1C1e) MI II imp IMO 0 Tearsheet I , SITE 'VBL P�EEhl1' 'II W Rt yQ.. Q The Director has approved subject to conditions a request for Site Development Review approval to allow construction of two+ -fflex dustriall buildings of space in: buildings approxiEnately 97,500 and square feet. ZONE: I -L (Light Industrial). LOCATION: North of S.W. Kable Lane and south of S.W. Bonita Road. (WCTM 2S1 12AC, tax lots 1000, 1400, and 1500) 0 Duplicate A AFFIDAVIT OF PUBLICATION OF OREGON, ITV OF WASNING'rON, )$S Judith Koehler first duly sworn, depose and say that I a e Advertising or, or his principal clerk, of the 9 ara' i.mes: 's ®er of published general circulation a defined in ORS 193.010 erofge at Ti.gara in the ;aid county and state', that the '-• r 0.9.61 9.4 -p.40 9 qn �t. tad copy of which � . RtS is hereto annexed, wa§ tiifsleii ' the issue of said newspaper for One successive and cutivo in the following issues: June 21, 1990 t ribed and s rn to before m o is?1Si: clay .,f JUne` 1990 Notary Public for Oregon nine n Expire. 6/9/93 DAVIT sir 1 CARDINAL. LN . The adopted findin of facts, decision, and statement of conditims can be obtained from the Planning Department, Tigard Civic Center, 13125 S.W. Hall Blvd., P.O. Box 23397, Tigard, Oregon 97223. The decision shall be final on July 3. 1990. Any party to the decision may appeal this decision in accordance with Section 18,32.290(A) and Section 18.32.370 of the Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3 :30 P.M., linty 3 1990, The hearing on an appeal will be De Novo. s T17612 — Publish June 21, 1990. 5A, 4R 4U0,24 ni.2u' . . 30' 1:11.2t1' i3 1t3.06 I(OQ se9 4sP2t 1P-6' AC. 233.20' 19 ro ro wlet.4 t R t 2001, #544•C �7 ('C$$,1300Z ) 31'6.20' ISO �— rN ldti ac 325,23 y-- SOU'ItH 'LINE JAMES H. HId1;LIN bLE4 23 C .52 AG, FOR ASSESSMENT PURPOSES ONLY DO NOT RELY ON FOR ANY OTHER USE ,7S AG SEE MAP E,S 1 IE bA SW 1/4 NE 1/4 SECTION 12 "1" 2S +, 1 W W.M. WASHINGTON COUNT`e- OREGON SCALE I "= 100' SEE MAP 2S 1 12AB iftss'_ J 490,14' 14121,..... . 1100 S89'4 `Z1 Os 4c, •300 SW 1/4 NE 1/4 SECTION 12 T2S R I W WASHINGTON COUNTY' OREGON SCALE I' I00' SSE MAP 2S 1 12AB 404 eo' 100 z3Ac, 17121 141.21' 30. 1`s Ie,OC' 1100 sas�ao'kil (,2B AC, it° Iw wnr* NVV I/4 SE I/4 SECTION 12 T2s RI W VV.M;, WASHINGTON COUNTY OREGON SCALE I'= ,100 �fNtTlgt. PT s= . NNaaN +'m "c, 600 400 6.74At . 400 MI rAN J \a 0 C R l� 13 A c �`.r r r S 700 4 65 A%o w n N 10 a t3 Ott s 45 0 ,4 15711.1 200 r ,56/1e., I d V d° c, It SEE f ; 2 S 1 1 , SE I/4 SECTION 12 T2S RI1a WASHINGTON COUNTY OREGON SCALE I �= 1001 M.p,I„ 2S I I2DB SEE MAP 25 1 12 AC 360.33.... INITIAL PT a9 Ac. 401 MI 100" / 364a 100 -A2 5.w,.. r � 7 3n a Si xel aN * ** �I po'c Aa"'j q,asa,.d,.•tr 4,9 K‘.1 GeG,T 0001/ ` 609 0 00.t? ' 009 ' e 47'a 0013 09E sari'C1.76 i; q 1'? x ".j., Lila "G i.d1ifr'#X7 xi 5 5 Si t) S 41-10 tU 0 6 (I} a c:t 1At I W 4,tU 1,4) O'J ,4e oink! a c;I ii „i. p a a Q a ` '4:0(1 o 'C' S a p c) a 1.1,4 aq � t�l sit r o .s,;:i sn 1,T �� �.��� "• �a k,1� • Ito ,� �,dtl N 0 <ita en: Al. Aaci0,4,:j Property L !A:L De ID r" i pt i. G n t Owner ID " -169832 !_.A :L iii, DONALD i_a L AND C O HHR iNy JOHN 15 ass sw 72ND AVE 3UI"l E A TI.vf7R.71 OR 97284 Code Area E xe npt ;i. cns, Mori Lender: 19s9 l "ax Status Current Levied Taxes spot i. 7w1, Assessments *) * U1 pai.ci tax l 1. "r'U N l y 69 816.16 R.. 4 ' 0 rd -� 56 Pp Class Neighborhood: Year Built Living f 'rwt Sale Date Sale Price Deed rype ].nsst Number 1969 TinprNc verenti Land otal Assessed t ,erupt° G?ns Taxable 18/20/69 109698 698 DU, sot 4i16 ::6 Pr,oper•t;y Values . i69 900, (hl_) 9 3 9 0 0 (-I-) M., ti Display Property Record pr- .oper'ty I£) n f:100)982 281 .;,JB».t -00300 (Real L'rwopertY) ;Legal al Dt sCw'r':Cp'tr i,on i-OT 5 SOUTHERN PACIFIC 1 "IC. ItRD INDUSTRIAL PARK fir.a 2'5lC Orn e r" ID w 96863 PAC I F IC REALTY S O C . f y; ATTN : DAVID W i a NU 111 SW 5TH AVE 4 :2950 p�C TC », 1hJ Jy OR 97204 Prop Class is 3012 Neighborhood: Y2P Year Built 1»„ , v x n g Area Salt~, Date 08/01/68 Sale Price a 2/600,000 tlt•►' ' tc,. s : 7257 SW KAz3L..E C_isI Decd Type Inst. Number 68039494 Cody Area Exemption Mort r`Monder 02w«ru 1989 Tax Status • . Lurssrwent Levied Taxes pez:i,a;C Assessments *** Unpaid :k I r, 9c15 w "i t)ees D 'pry e t I�t t» "i "C� Rid l c c y r 1989 Property Values Improvements $ 0 (4-) Land $ 458/600 4 -) Total (sse. <ssed $ 45G3, 600 ( Exempt i tons $ #fit (y...) Taxable $ 453,600 ( ;i. p y f'rr) pe .sty Record »._ PT Prop C 1, r:' 'w 3 1 '2 Q -1r!i' ; t »i 111'EI' PR 3E , t.JNL I ti TEi I� ja i, t r C t r "i c t d w `Y$P MP,,,'401.1 rw ar t l , t I i v x,1"1 f 1 rw tw a C I+' t�IC � i ; l n c) zy :% ► .'f+�.. w ! 1, Z1 t ► r~ g .:04/01. SLde r�r<1CsP 552, IZttr»rl r.. N►.. t' r� x r 1.3 X06 Code t'se a .t re3 74 xemption's Mort 1-.; e x d e r : Pr "I" I CO IR R .AC. TY 1989 " ; °tr at u C:ur r ni: Levied »r' . xe 52 ,SPecl e Unpaid T x e I ), t: 'b h rq 1989 Property Values inpr einents $ 1,434,800 -) Land $ 763, 300 (w1.) Total assessed $ ;w, l98,100 N Exemptions $ 0 (-).. Taxablo 1 2 x 196 100 ( ') ri • tus 4 Xc rV`+' "r , 0115 1 1torw'b L�c nd f r COMPANY fY ME3 a 31 , Iw 4:J Di.Sp;lx.' Prope "ty 11. 9P0.79 l e e t' t 1"a c RETURN k t y ._ Di s iay Proper 11.y ID Is P2003739 39 ,7escr Lpti n 7 code rw k ExemPtion More' Lender: ea 3W .1 C NIT C Ur1,0 ' 1.,f ti ed T x PO , f ,C aft ent Tc pr l R1 '"1 "`iJRN key R Duo Pec or .i (Baal Property; Class r «. i. e Neighborhood: Yice:l Year Built w Living A r e Salo Date Deed Type Init Number w 11180381 1989 rf1„tryey toents Land Total Assessed Exemptions Taxab1e Property Values 438,1800 (1 ) 1681000 (.l ") 6061800 (P4,) 0 (_)' tr, re f 800 y 33i. i.2f C > -t 03fb i tPerwsonAl rsr; i�" rrw 0 1 p.014 Prop Cl as n Nei.rhborahoodu 's(t :try" 8u ±.l,t Living Are LL Salo Date a�tle C t i eed "Type 1nst Number rJ r''r"op r"`ty vain t 1 As se ' rpi: i.onrt^, Taxable 10,0 0 .1y 0 r 1015'80 kl PoIR rLt ND CSR ` $!Z► t• t 1, 9.1.82 a1 iE:f1Ca—� 1.1t t! t ( t l f'rMo pert y) f C't tC RE "!"< f Code Area u 112, ,, 74 Exempt ion Mort L..r ?nder.� p . 19139 Tax Sta'} Current G,, V. L ed Taxes Spe al Assessments Unpaid Tax Pi'w o p Class a 1"t l Neighborhood: ghborhood: .'/PP Year Built 1 Living Area Sale Date F 10/05/89 Sale f ::r ".7.c e 11262, 68'2 Deed. Type Inst Numbers r 891048305 1989 Property Values } v ments Land is c, Assessed x:34emp' 1. onss Taxable V. t 't+) 931 300 . (+) 9., 300 ) I ( -) , 31 0 0'°w) ti:.e r t y Record Promo p e y 11 R1 1. ''. 73 2S1 Legal t)e c1•r pt ;onu 1a 3!'!.: PT LO"` O nerg ID i,"t Mi�.E lS OC7, I ' 1 lNNO Code - ;r~lr "e x emP .oils Mort I entwoc -n w� Cur LI i89 "s x., LttORN 1 Prop C31 ss Neighborhood: Ytkar Built L.J.vinp Area Sal e - Dat/e Sal 0 Prw j Deed Type r� Numbr Imp.ovementt s� 11 s *SCd Exempt i ons able .N . Pro pert y I1 i.� .I: Des +. rwip ion Display Property Recorwd�. is Pr c :E .L C i I l �I_T'Y I .1; OCR ;CPT " "S; 40ATI..„ ND1 OR 9 "204. Cod'? r ^e�.t l�Ir r'L Lender :14980 1. iE3N 74 1989 Tax Satr.,rs Current Levied Taxes Assessivierits 3 lin pa i Ci RETURN k Deer the W Prop CI .ass K t",3002 , Ne i qk bo) -hood pg Y .`.C»' Year 1~ ' .iI t L. ;t. v ;l. n51 Area Salle :ia'yt1 ti :L+ l++5/89 Sal o POpµicK•"i N 26�21tt 6 fur L! e e d 1y I' C, I n st ''. Ntut+berw 89 + 8 +1+ : .98 9 ►rCipeurw'b y Valuil imp rrovenrer b Lanni $ ofa.i. Assessed C e8w `N 95 Eh k''rn pt . on 5 f lax a b 1 e $ axes * * i splays pr -operty Record 1w1r*°P r "ty ;LD m> L_e I tI Do i pt on a 1. 08fC P TR(C 1.,9 I 9 5 SW '72N VI 1Cy 1'L 1Nl , •O V72 24 S;Ltits ode Area u + +;w' 3N 81 E 5rr pt ofi M r' L Lend a r a Tax Eta ct rent Levied Assessinen N o FOR 8:L? AC LOTS 4; t '' u> ern 858a S Due pre : the 111 TU141 i 1 ey 04000- If o a 80A8 od Y P Year Built Living tar «o 4a 1 :1 0 D tt e S 4A e Price Deed Type Just Number 8501$711 04/01/85 163, 398 0 ( ) 1361300 (4 -) 36130 (mw) 0 ( ) 1 6 300 1989 Prwoper t,y Vealues . mHO vt it#ent Land psi sled r##pt Ion. 0 (p#w) »? +Ir « 600 ) 1 9 7,, S+0 0 i- ) 7 600 - Property 1 Digpl ay PrOPerty Recor: ( C T S x p u 0. s .0 E $ N F RANC X SCt• C tiM Situs Code Area C:xemPti3Ofs Mort Lender: M,. mo3 8 1 1989 Tax Status Current Levied Taxes Special t *: sessments *** No " e s Due ** Depress Pro N"if e 1., era 1 h RETURN e y T. ' Prop Gass * 80+2 Neighborhood: YEP Year Bui lt Living Area Sale Date 4i/r"r31 Sale Pric:.e. Deed Type Inst Number 88049931 1989 Propert y Values Improvements t ti t t +.. Land `Z0 (+ ) Total Assessed 200 ( =) c 2 Exemptions $ 0 (—) Taxable J00 Display Property Record by ID R1358809 El i2A —01801 01(t- I Pr Per' y) De s t ri p, i o r s " LOT at h 78FIC FANNO CREEK ACRE TRACTS Owner I D 961 .:tI3I INVESTMENTS 14965 SW 72ND PO TLt N 4 OR 97824 Situ Lode Ar e a Exemptions Lender" 4 ' ' C ►.t � I L T T att.' nt Levied r xe e ,121 Special l sse en, * * No Tax'. Duo epr the RETURN ka J l# Prop C. 2312 IBe ig i b e rh o o rt Y Y e a r Built p Li ving Area Sale Date 04/01/85 Sale Price 117,1602 Deed Type Inst Number 85015709 R 1989 Property Values mpro' o ente r '1' q 00 (+) Land 142, 702 t4-j Tot i sse$ie '''80200 ( ) w 1 (w..) le f,; 4200 t Di sp ay Property Record Property ID P861008 28:I.12flC- 01900 (P +rson-ti Property) Legal l Dc scr�isp' ion 281 ;l,, C 01900 14945 SW 72ND AVE—TIG! RD Situs Code Area Exemptions Mort Lender: :14945 SW 72ND AVE, 1989 Tax Status Current Levied Taxes Special Assessments •1' ** No "! "axe Depress 815 14 DPI-'' ** Di play Property Pr�'oa ert y ID M . Iwo1 2 387��W 81, .t, Ac Situ Code f r ea Mort Lende'rw prime "7'21,0 SW TIGARDI wl," 1' t "I" x 3t t u IN I5 ba 4 111 t ICI "C axes 3u the ETU ('I I r:y t41tIi"i Prop Class Neighborhoodg Year Built Living Area S is D to sale Price Dead Type l n s t Number 1989 Pr oper ty Values tal Assessed I. e Iiip` 1 f3fl s Taxable Record 0002000 (Personal Pr "°per "i: Prop Class Neighborhood: Year Built u Living Area Sale D at t Salo Deed Typc Ins' Number o 1; a1 $ d� R 0 ( -) 1.50 (4) 89 Pi' c pet ^t y Val. Lie MP lons Taxable w g c 83 941I; i .{;n;3+il, .. n'M.:.n_A.M,.• 4. .i ,. v. ._. A. .. ....V. -...r. ..,-.. a- ,a •. i, �� l t tr. o p .• y I e r c rid • .E K t C h ( • ± � d ""1 "t Ne hbc r�luroc�d'� �Tt a i4 t=i "i!�`�yp{�/ { ,� le 'f t'�� b a %gy Code Area 1,A3tt?inptions 'Mort Lender: Stp(C »i i I' et c, menu a * Un aist~1 •T axe • * ** Dc p r e t h e 1 TU RN k t Y. 1.,.,er.l a1, Descr i,pti.o7►a. O w e r4 I lG w 9 6 i. 8'7 �} W TRACT 1989 Property Value Improvements $ 17.5000 (4) Land $ 177,500 (+) Total Assessed csed ," ;=a►» 51210 Exemptions s ( -) "f'aixaij1 3S2$500 ( ) Reccrwei f l .' �'� :� �.► ` 02800 (F e 1 f� per "i%y ProP Class Neighborhood: V P Yoar Built Sale Date a Salo Prw i. A 8it uc M 148 fi i, W° 8N AVE I c d Type .ns Number w r�?w�31. ►„ i►" Code Area 023; Exemptions K. '. 1,98 r Property. Values. Mort Lender 'Improvement $ 1551800 ( l Land '> 7M 001$ ( +) 1 t f f ; )c + ' a t,„ I t 'fi a 4 c e' i ` e tri 'Ili 85, y 3r +Z ( #4 ) ,Curren t E evi ci Tax e's M • �=; .S.a 1 �xemPticrns $ 0 ( —. s M T 25 ,yI No Tare Du :at c thc °1 URN 1: D .sp:ia y Pr.opart.y R c rw u � i ' I ' tw` 1.. t '- + a+ i► 41 1. C'r o pe t y ) i on n FANNO CRIER f 17, 8 TRACTS . LOT PT 4 4 A I Ec3 ; , C 'V�n er' 11) n 61 X 8 �Cr � "LAND O 17223 Code Area Exemptions g Mort Lender " x atu v± 6d T�„ xes pr s the . ' "ri...1 N 1 ey pro p e r t y ;ED ipt i.on w Prop Class 1 Ne±ihborhooc „ Y2P Year Built Living Area Sale Date Salo Prit7. Deed Type Inst Number K 09250673 1989 Property Values Improvements $ 530 600 4 +) LA.In rl $a a27,8140 (`►" Total Assessed $ 8580 400 ( ) 21110 46 Exemptions s ► ' —) Taxable 858, 400' = ) Display Property y Record ACRES 4 v net ID; a 133 x`78 i"1" wk l l TON 1.4 TR JOT ' 1459 OUTH Situs -Code Area Exemptions Murat Lender ► 023. 81 1 89 Tax t at r" rent 1..,evi+ec;l "1"x:1 w p'►, 1 iz l >~ s''C" asmel t e *,. No Tax e Due :)r ., e 't; li e 1 "T1JR14 1< e 1.19c. e ro1 (Real Pr yE ert Prop C, 's n 12 leie i .ltik or,hood t Y2P Year Built Living Area Sale r i t Date , .8 'C2/0 /8 Sale rw e Deed Type Inst Number 8055835 1989 Property y Val ue`s Improvements 816, 700 r.1.,) Land $ 3670 700 (4.) 'dot ;1 Assessed $ 4$18404,00 ( '') �M)(afirpt iorls $ 0 4 Taxable 4, ., 1 y 00 4,1g.-) 14 J4 ■ • tik REQUEST FOR COMMENTS May 25, 1990 TO FROM: Tigard Planning Division RE: SDR90 -0.010 PACTRUST/MACKENZIE SITE DEVELOPMENT REVIEW SDR 90-0010 PACTRUST /MACKENZIE -SAITO (NPO #5) A requests Site Development Review approval to aLlow construction of two flex spade buildings of approximately 97,500 and 20,250 square feet for a variety of light industrial uses. ZONE: I -L (Light Industrial) LOCATION: North of SW Kable Lane and South of SW Bonita Road (WCTM 2S1 12AC, tax lots 1000, 1100, 1400, 1500). Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 0.6/04/90. You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your Comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, !PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 - 417,1. STAFF CONTACT: earl"" PLEASE CHECK THE FOLLOWING THAT ! APPLE' We have revi eyed the proposal and have no objections to it. Please contact of our office. Please refer to the "enclosed letter. Comments: Naive of person aocrimenting Telephone number: v • NPO NO. LCATION LIST FOR ALL PPPLICATI6 (2 copies) CITY DEPARTMENTS Building Inspector /Brad R..` 'ty Recorder Engineering /Gary A. SPECIAL DISTRICTS Fire ' e D�.strict (prick -u P g box bldg.) ) "r Tigard Water District 8777 SW Burnham St. Tigard, OR 97223 Metzger Water District 650/ SW Taylors Ferry Rd. Tigard, OR 97223. AFFECTED JURISDICTIONS Wash. ` Co.`' hand Use & Transp. 150 N. First Ave. Hillsboro, OR 97124 Brent, Curtis Kevin Martin Joann Rice Scott King, Fred Eberle Mike Borreson Jim Hendryx City of Beaverton PO Box 4755 Beaverton, OR 97076 State Highway Division Lee Gunderson PO Box 565 Beaverton, OR 97075 SPPICXAL ENCIES • ..•:.••e1re.• ;General Telephone Mike Lutz 12460 SW Main St. Beaverton, OR 97007 NW Natural Gas Ronald D. Polvi,, PE, PLS 220 NW second Ave, Portland, Olt 9 7209 TCI l Cablevision of Oregon, 3500 SW Bond Portland, OR 97201 CPO NO. Parks & ° Rocreat ion Board ..; Other's School Dist. No. 48 ; (Beavr) Joy Pahl PO Box 200 Beaverton, OR 97075 School District 23J (Tig) 13137 SW Pacific Hwy. Tigard, OR 97223 Boundary Commission 320 SW S'ta;rk Room 530 Hillsboro, OR 97124 METRO 2000 SW 1st Ave. Portland, OR 97201-5398 DLCD (CPA's only) 1175 Court Std NE Salem, OR 97310.0590 Other Y r s a ioi ao e iwY o• eV • • Y ••, Portland General Electric Brian Moore 1.4655 SW `Old Scholls ,ferry Beaverton, OR 97007 Metro Area Communications Harlan Cook, Twin Oaks Technology Center 1815 NW 169th 'Place 8 -6020 Be: erton,, ORR 97006 -4886 S West Pete Nelson 421 SW Oak St. Portland, OR 97204 1ric. �xi3 e Hallock ro STATE AGENCIES ., 6. Aeronautics Div. (ODOT) DOGAMI Engineer _____ of State Lando Board of Health Commerce Dept. -M.H. Park Fish & Wildlife Paarka> & Recreant Div. _ LCDC Subdivision Superv' PDC Lsor Dept. of Energy Fire Marshall Dept. of Environ. Quality Other 7. FEDERAL AGENCIES Corps. of Engineers Poet Office OTHER NOJ: s LSt' y Other Southern Pacific Transportation Company Duane M. Forney, PLS Project 'Engin.r 800 NW 6th Avenue, Rm. 324, Union Station Portland, OR 97209 'dl tt11'1 - i l £wl lT Wlf�{YI y +p*1elH�7uiU17YMNO IrYI ++M�li0.'iIAIMNfE{ yin t 1�fI��Ww. WMoAwki JYi Y i.+�l.I +�.NNM.lNIV" i, 1J1Oi lI' °.I I' Iw" p a Ay 18 0 CITY Of 1IIG'AK PMIM OP 4.. T ;.W; Ha., L)IV d. Box 23397 )regon 97223 2S112AG -01803 aaaarasaa•aaasaaaaaa• COFFEE KINGS INC 11185 SW POOIM iLL DR iF i �ics #E t i11..FIdIihaitti2 TUALATIN VALLEY FIRE & RESCUE AND BEAVERTON FIRE DEPARTMENT 4755 S.W. Griffith Drive P.O, Box 4755 • Beaverton, OR 97076 • (503) 526 -2469 • FAX 526 -2538 March 16, 1992 Dick Bewersdorff Director of Planning City of Tigard P.O Box 23397 Tigard, Oregon 97223 .� Ore g Re: SDR 90 -0010 - Mackenzie /Saito (Pacific Reality Associates) Dear Dick: The District thanks the City and Pacific Reality Associates for the amount of time e and effort spent on trying to gain the e emergency access from S.W. 74th to the above captioned project across Burlington Northern railroad tracks. The Fire District doesnot and has not felt that the City had to or should fact support crossing from a liability standpoint. , the District feel City w � the y tided itself cons•�ierably, further than c needed to gain this access when the total responsibility should have fell on , 'r= pp t. The Fire aci f i c Reality e th. a 1�.can District also recognizes thaty� ��' Reality extended considerable time and effort in trYing trying to gain this access. Trying to gain this access was not the intent of the Fire District and odoes not move nanpow�r o r equipment into an situation if primary access is blocked off for any reason. The Fire District is still requiring an emergency access to this project and our requirements Will remain a ant has Met the letter of standing. see that the applicant Condition 1 of the e can s Condition Planning Deartmer�t�s` report ' though it does We meet the intent of the origins q Again, thank you al re west. not for the time and consideration s p • • ent on this particular topic. 4 "JVbekMrtg'i Smoke Deteatbi'S fiaVe Lives RECEIVED PLANNING MAR is 8 1992 ur"�.1:�?iti.._...+t,- .;:..J..�. ....�.M:uww....w- +.., wrw:..= y. a.-:-:, t«...+. �r,.......: J.- ...«:�wa,.,wl.��r14. --,,.0 �, w,..+.ww+..1.'ul::::.u',«i: If I can be cf any further assistance to you, please feel free to contact xne at 526-2502. cc: Pacific Reality Associates Mackenzie/Saito MEMORANDUM CITE = OF TIGARD, OREGON TO: Ed Murphy, Community Develo rent Director FROM: Loreen Edin, Risk Manager l!, DATE: February 25, 1992 SUBJECT: Status of Emergency Railroad Crossing Condition SDR 90 -0010 MacKenzie -Saito & Associates (Pacific Reality Associates) As you are. aware, 1 have been working with PacTrust over the last year to assist them in obtaining a private vate railroad crossing easement for their m property alon g 74th Avenue. After months of meetings, numerous letters, and Legal Counsel assistance, 1 believe that the applicant has worked with the City and Fire District as well as Burlington- Northern to fulfill Condition #1 of the SDR decision. My question at this time is: should the ,applicant or the City be expected to do more? HISTORY: 6/27/90 - the SDR decision was signed. Condition #1 of this action was required by Tualatin Valley Fire &' Rescue District (TVF &R) and stated: "The applicant shall provide evidence that permission to construct an emergency access between the proposed site and SW 74th Avenue has been requested from the Burlington Northern Railroad and the Oregon Public Utility Commission." Summer, 1991 - 1 was asked to assist PacTrust in working out the details of a Private Roadway and Crossing Agreement with BM 8/6/91 A meeting was held with the City (Pat Reilly & Loreen Edin), the City's Legal Counsel (Mike Robinson), TVF &R (Gale Birchen), and PacTrust (Dick Buono & his Legal Counsel Howard Puersteln). At that meetin the following issues were raised: vate crossings and could not b meeting following the PUC does not have authority over p ' ' g e a party with this crossing; and was requested uested to be the permittee and obtain the City wa q p obtain coverage to cover the railroad's . lease because the lease language required the permittee to be liable for BN`s negligence and the City has more tort liability protection (limits) in the State of Oregon than PacTrust would. PacTrust and the City both felt this was eXtremely onerous and difficult to find an insurance company to cover. an 8/ &, we discussed ocJr options as: 1. Change to a public crossing so the PUC can order 2. Accept the unlimited liability of the railroad's lease or continue to try to modify the lease agreement Dee the e railroad that the intent had been met namely, the applicant shall reside Delete the condition or determine � '� ( pp' p p y s e .. s ess..� 'ias b requested 'from the evidence that ermissioh to construct an emergency acc een g ssioh, "') Burlington Northern Railroad and the Oregon P`.. blrc Utility Comm, it 4wM,«.,u•.Li#C.��CU 7L..� ,.:�.a.= •:i.ww:w.'xwa:w�t':f4; 'I Page 2 of 2 February 25, 1992 SDR 90 -0010 - Condition #1 Over the last few months, the following information has been received on the above options: Option 1. PUC has noted that a permit far a public crossing was obtained in the past, hoVv ver PUC staff was not pleased with the location. If a permit were granted today there would be grade changes and automatic signalization required (The automatic signalization alone costs $100,000). Option 2. The railroad agreed to modify the lease agreement slightly and the City's insurance underwriter has agreed to cover the City should we proceed with the agreement. My concern from a risk management not acce accepted two the fold: sks associated with an emergency standpoint • The City in the past has p ency railroad crossing; and • While the City has tort limits through the State Court system, I believe any claims arising from the use of the crossing will go into the Federal Courts - this means the City cannot count on its State tort limit in case of a claim. Option 3. In discussing this issue with you, I understand that you believe Condition #1 has been met (namely, the applicant has provided evidence that permission to construct an emergency Burlington Railroad and the Oregon Public Utility access... was re nested from the f3urlin ton Northern Commission.) I believe that both the City and applicant have done more than required to try to satisfy Condition #1. l request that the Planning Director deem the applicant has fulfilled the condition and close the SDR file. I would be happy, to meet with you, the Fire District, or PacTrust to discuss this issue further if you desire. le /pactrust Li 9.. -.4 November 6, 1991 xu..l Ar,4a -t::I rr w,..aM1rl..il.i•nS�.u4....uwle ifw ,.�4:xY+.a ♦ r t,_ CITY OF TIGARD OREGON J. G. Newman Company 400 SW Sixth Avenue Portland, Oregon, 97204 Attn: Charles DeGreef Re: Burlington Northern Private Railroad Crossing Agreement Dear Charles Per our phone conversation, I am forwarding to you the most recent Agreement language that Burlington Northern has offered to the city. s� h+ u1d n� is for be use et train the Fire District only to access crossing properties there derailment or disaster which would require access at this point. :Please review the proposed agreement to see if this new language would be something you could underwrite for the City. It wovild also be helpful to know what this type of coverage would cost ;should y ou be able to offer coverage o Thanks, in advance, for your review. Si erely Loreen`R. Edin Risk Manager Enclosure Le /rno 13125 fiW hi ll'8i d P,C ,fox 3397,.Tiga d, C regart 972 (503 639 - 171 November 6, 1991 PacTrust 15115 SW Sequoia Parkway, Suite 200 Portland, Oregon 97224'` Attn: Richard P. Buono, VP CI1YOF TIGARD OREGON Dear Dick: conversation of 11 5 I've enclosed a copy of the Per our phone C � � e onv / Py proposed language for a railroad crossing agreement by last Burlington Northern. As We discussed, I am reviewing the new language with our underwriter to determine whether they will be able to insure the City should we enter into this agreement. Should you have questions about the process ' from here, Patrick Reilly, Tigard's City Administrator, is taking the staff lead. Sin erely, i Loreen R. Edin Risk Manager Enclosure' Patrick 'Reilly 1 13125 SW HaI givd, RO. �o 23397, Tigard, Orel on 9722$ O'DL.,4N LL, RAMIS, CREW & C JEFF H. BACHRACH CHARLES E. CORRIGAN* STEPHEN F. CREW CHARLES M. GREEFF MARK E. HERZOG * ** WILLIAM A. MONAHAN NANCY B. MURRAY MARK P. O'DONNELL TIMOTHY V. RAMIS SHEILA C. RIDGWAY* MICHAEL C. ROBINSON ** WILLIAM J. STALNAKER ALSO ADMrTIED TO PRACTICE IN SI'ATh OF WASHINGTON ..ALSO ADMrI'IIID TO PRACTICE IN WISCONSIN ekEADMIT RD TO PRACTICE IN NEW YORK ONLY ATTORNEYS AT LAW BALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222 -4402 FAX: (503) 243 -2944 PLEASE REPLY TO PORTLAND OFFICE October 1,`1991 CLACKAMAS COUNTY OFFICE 181 N. Grant, Suite 202 Canby, Oregon 97013 (503) 266.1149 JAMES M. COLEMAN KENNETH M. ETflOTr Sphcial Counsel Mr. Patrick J. Reilly City Administrator City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Re: pac Trust BN Railroad Crossing Dear Pat: I spoke with Mr. Bob Luckey, the BN's permit clerk in Seattle Washington, on September 27, 1991. Based on BN attorney Kurt Kroschel's letter of September 3rd to ,me, Mr. Luckey has revised the private emergency crossing permit between the BN and Tigard. y clause and replaced it with the He has deleted the rode language which we suggested to attorney Kroschel. He has sent two revised copies of the agreement to me which are enclosed with this letter for your execution. Please let me know if l can assist y anything nu with an thin else concerning this matter,. Very truly yours O DONNELL, RAMIS, CREW & CORRIGAN Michael C. Roba.nsan, MCR/ smC Enclosures cc: Ed Murphy, ry yy�.�y� ' y �r. Director .... �JQdtlitl�+LnLt LJ�.Y Mr. Richard P. Buono Mr. Gene Birch±i1, Deputy Fire Marshall MCR\TIGARD\REILC1f,L`I'6 O'DO NELaL,, RAMIS, CREW & COI&IGAN JEFF H. BACHRACH CHARLES E. 'CORRIGAN* S 1'.LPHEIY F. CREW CHARLES M. GREEFF MARK E HER7OG ** * WILLIAM A. MONAHAN NANCY B. MURRAY MARK P. O'DONNELL' TIMOTHY V. EAMIS SHEILA C. RIDGWAY* MICHAEL C ROBINSON ** WILLIAM J. STALNAKER 'ALSO AbMHTRO TO PRACTICE IN STATE OP WASHINGTON +•ALSO ADMITTED TAD PRACTICE IN WISCONSIN •• '4ADMrrnib T'0 PnACI10E IN NEW YORK ONLY ATIoRNEYS AT LAW BALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222 -4402 FAiC (503) 243 -2944 PLLASE REPLY TO PORTLAND OFFICE' August 26, 1991 Mr. Kurt W. oschel 110 110th enue, N E- , Suite 607 Bellevue,, ashington 98004 CLACKAMAS COUNTY OFFICE 181 N. Grant, Suite 202 Canby, Oregon 97013 (503) 266 -1149 JAMES M. COLEMAN KENNETH M. FLLTOTF Special Counsel Re- Proposed Private Emerg enc y Crossing of Burlingg ton Northern Railroad Right- of%Tay in Tigard, Oregon Dear Mr. Kroschel Thank you for speaking with one on August 23, 1991. Th.t.s law firm is a nts the City of Tigard, Oregon, Within the City's boundary repress y , parcel of land owned by Pacific Realty Associates, L.P. (Pa Burlington PacTrust is developing in parcel of land adjacent to g n Northern (BN) right of -way. I have enclosed a map for your reference. As a condition of approval of the site plan, the City required PadTrust to present evidence of permission, to construct an emergency access across the BN Railroad frorIi Southwest 74th Avenue. TheCit is the Y' permittee in the private roadway and crossing agreement with the BN. I have enclosed a copy of the agreement. Paragraph 9 of the agreement is the a ndeiunif:zration cla se which concerns us The lnd mnificatzon clause provides that the permittee will be liable to any Claims, they result from the negligence of liable for an claims even if the. g n Northern em to ees or a Provision presents P y agents, This ro�v a problem for the City becaUse of its broad liability. Both the City and PadTrust would very mn.ch like to see this development prodeed and believe that it would be in the r public If S th,��rlocat �' Y , o s the BN Railroad at o have an emer enc crossing. acros ion. The cros:.�ir�g will be protected by a gate which can Public. r Ho � � . _ sign P be activated only by the Pire District ,. It will not be open to the ,ry y s Ve.�y re . to sin the .. e p wevez the Ca +- t laic ..ant< t private roadway and Gros ing agreement with the current indemnif1dation Cation y i a catidn.clalase w.ha.c'1�urc►ulddbe a� eve enclosed a revised �.ridem�Iifi�- ptable to the City. The Proposed f .4 wa-% • Mww..... MH.. w. J +I14-"1�F11.4� O'DONNELL, RAMIS, CREW & COk fGA Mr. Kurt W. Krosohel August 26, 1991 Page 2 ..: L�:.+»• r. a�-.: 1.,. 1f 7i'- A;...�w».�:::,::i�.rr.+�" —i-JI' indemnification clause would nut indemnify the BN for the negligence of Its own officers, agents, servants or employaes. I hope this information is helpful to you and 1 would appreciate i whatever you can do in persuading the BN to modify this indemnificv,tion clause. Please feel free to call me if you require additional information. Very truly yours, O'DONNELL, RAMIS, CREW & CORRIGAN Michael C. Robinson MCR/dd Enclosures cc: Pat Reilly, Tigard Cit ' y Administrator Howard M. Feuerstein, Esq. Richard P. Buono Gene F3irchill, Tualatin Valley Fire & Rescue District mcr \tigard \90O2'4- 4\kroicltel.Ur I t ?PROPOSED. INDEMNITY CLAUSE TO REPLACE CURRENT PARAGRAPH 9 Permittee shall and hereby does release and discharge BURLINGTON of and from any and all liability for damage to or destruction of the said crossing, or any property of permittee thereon, and permittee shall and hereby does assume any and all liability for injury to or death of persons, and loss of or damage to property in any manner arising from or during the construction, use, maintenance, repair or removal of said crossing, however such injury, death, loss, damage or destruction aforesaid may occur or be caused, and permittee shall and hereby does indemnify and save harmless BURLINGTON from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection With any such injury, death, loss, damage or derrtr'uct.'1.:an aforesaid, except liability arising out of the sole negligence of BURLINGTON and its officers, agents, servants or eMployees. Perrnittee further agrees to appear and defend in the name of BURLINGTON any suits or actions at law brought against it on account of any such personal injuries or death, and loss of or damage to property, and to pay and satisfy any final judgment that may be rendered against BURLINGTON in any such suit or action, except for such arising out of the sole negligence ence o, BURLINGTON and its officers , agents, servants or employees ti mei1tightd1 40024- "4\1ndeenith cla/d4/8 -26 -91 WS HT, 10111 AS FILED FOR DESIGN REVIEW 5-- i:8 —"8.G ' wrTs.ssu .. jg I3D l" "'Se* VAIDMIZZAWM onto PiaTruit i T OREGONPBBUUSINESS 'PARK S IS J Y !3 E• av \. sre w�uu - (1eSOIV1;.1111W KIM 1L Ra.. s= b /2•/y1 15;24 x'50; t4 7297 CITY OF TiGARD 1• »e Cite Attornee 0003 resulting from Permittee's failure to keep gates closed, or for failure to keep the same in proper repair, as agreed in this paragraph, 5. Permittee shall at all tines keep the flangeways of said Crossing free and clear of all snow, dirt or any other obstructions whatsoever which mad, accumulate by virtue of vehicles or farm machinery crossing thereover or other- wise. 6. Permittee shall not permit said Crossing to be used as a public Crossing nor shall Permittee authorize others to use said Crossing without Railroad's written consent. Provided, however, written consent shall not be required for occasional guests of Permittee. Permittee further agrees that upon the lease, sale, devise or conveyance of the property being served by this Crossing that the Permittee shall notify Burlington of such lease, sale, devise or conveyance and shall require that the lessee, grantee, receiver or purchaser make application fora private Crossing with Burlington, 7. Permittee, at Permittee's own expense, shall remove and keep removed any vegetation at said Crossing which may interfere with the view of trains approaching in either direction. 8, The permission hereby granted shall neither be or be deemed or con- strued to be a grant of land, or shall it constitute ownership by Permittee of the Crossing or that portion of the right -of -way of Burlington upon which the Crossing is located. It is also specifically understood by Permittee that cables and other electric and /or fiber optic transmission lines may be on about, along, or under Burlington's property and Permittee' agrees and warrants that under NO CIRCUMSTANCES will Permittee dig in or disturb the surface of Burlington's property, 5. Permittee shall and hereby does release and discharge Burlington of and from any and all liability for damage to or destruction of the said Crossing, or ahy property of Permittee thereon, and Permittee shall and hereby does assume any and all liability for injury to or death of persons, and loss of or damage to property in any manner arising from or during the cohstruction, , ma repair removal of said Crossing, however such injury, death loss, damage or destruction aforesaid may occur or be caused, and Permittee shall and hereby does indemnify and save harmless Burlington from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such injury; death, loss, damage oe destruction aforesaid. Permittee further„ agrees to appear r Burlington any suits or actions at law brought against it o pgp ar and defend n�eaocountho�nany such personal injuries or death, and loss of or damage to Property, and to satisfy y al judgment that may be rendered again Y pay and satui an f1hn, THE LIABILITY ASSUMED t Burlington in any such suit or Betio BY PERMITTEE SHALL NOT BE AFFECTED BY THE FACT, IE 11' IS A FACT, THAT THE LOSS, DAMAGE, EA`iH, OR INJURY WAS OCCASIONED EM � INJURY BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS OFFICERS, AGENTS, SERVANTS, OR OTHERWISE, 10, It is agreed that the provisions" of paragraph 9 are foe the equal protection of any other railroad company or companies) including National p hereafter granted the joint ouse of Bu 1ington'srproper property, of which said premises hare a part, 11. In the event Burlington shall require the use of its premises occupied by the said Crossing or any part thereof for any purpose whatsoever, or if Permittee shall fail to keep nd terms acid Conditions of this Agreement herein agreed p rmi tteef to be ykP t the performed, Burlington shall Agr g ed by Permittee have the right to terminate this Agreement at any time upoh giving to Permittee thirty (30) days' written notice of its intention to to do and shall, upon expiration of said thirty (30) days, have the right to remove said Crossing and barricade access thereto at the cost and expense of Permittee, Said notice shall be good i served personally upon Permittee or posted upon the premises or deposited postpaid in a.Uhited Sta4..es costal Service, addressed to Permittee at Peemittee's post office address above stated. No portion of any paymenttMade hereunder will be refunded upon termination of this Ageeemehta 12, Permittee shall not assign or transfer this Agreement without first having obtained the written Consent of Burlington • n. ax. FOIt5TRUS'T 15115 SAW, Sequoia Pkwy, Suite 200 Portland, Oregon 97224 Pacific Realty Associates, L,'P 503/ 624 -6300 • Facsimile: 503/624-7755 August i9, 1991 Mr. Michael C. Robinson Attorney At Law O'Donnell, Rlamis, Crew & Corrigan 1727 N.W. Hcyt Street Portland OR 97209 Dear Michael: Re: Proposed Emergency Crossing of Burlington Northern Railroad Tigard, Oregon I finally got a response from Dwight Schumacher, , engineering assistant ,at the Burlington 'Northern Railroad office in Seattle, Washington. Mr. Schumacher indicated that the senior person who is regional counsel for the Burlington Northern Railroad is Kurt W. Kroschel who is an attorney working for the Burflngton Northern Railroad. Mr. Kroschel's telephone;.' number 'i is (206) 462 -7775 and his address is Suite 607, 110 110th Avenue' N.E., Bellevue, Washington 98004. Another name in the regional counsel's office is Rexanne Gibson whose phone number is (206) 462 -6278. Dwight Schumacher indicated that it was his belief that the indemnification language was cast and concrete but had no objection to our trying to discuss something more rational with their counsel. If you have any questions, please let me know. cc Peter F. Bechen Howard M. Feuerstein, Esq Kenneth E. Crites Leon M Hartvickson Pat Riley Sincerely, PAC I IC REALTY ASSOCIATES, ... P ; Richard P. Buono Vice President ■ OTLINELL, RAMIS, CREW & CLSIGAN DATE: August 13, TO Pat Reilly, PROM: Michael C. RE ATTORNEYS AT LAW SALLOW: & WRIGHT BUILDING .. 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222 -4402 FAX (503) 243 -2944 1991 Tigard City Administrator Robinson, City Attorney s Office ap Trust Railroad Crossing Enclosed is an Attorney General's Opinion discussing public and private crossings. The bottom line appears to be that a public crossing is one open to the public. Public crossings do not include those controlled by gates. The PUC does not have authority to order private crossings. Therefore, it appears that the Pac Trust crossing is private and could not be obtained through the PVC process. Per your instructions, I have not spent much time on this research. I right be able to find other authority for an argument that a crossing, for the Fire District is a public crossing. However, without more research, I think my initial conclusion is correct. If You y think more legal research on this point is desirable, perhaps Pac Trust's attorneys would be willing to do it. If you wculd like me to do further research, please let me ,knots, Original Memorandum to: Pat Reilly, Tigard City Administrator Copy to: City of Tigard /Community Development File iCR ; dd 8/13/91 Enclosure m, tird1 z4 -�a \i 1ymo ODONNELL PAMIS ET AL 503- 243 -2944 CYDONNEIL, MMIS B Aug 9,91 15:00 Na .009 P.02 ATIOIINEYS AT 'LAW BAL1:OW & 'WRIGHT BUILDING 1727 N.W. Hoyt Suet Portland, and, Oregon 97209 't'ELF,PHIONF: (503) 2224402 FAX (503) 243.29 44 DATE: August 7, 1991 To; Michael Robinson Tigard/community Development FROM: Will Selzer RE: Railroad crossing Permit' from PUC At your request lest I telephoned the Transportation Safety office of the state Public Utilities ComMission regarding railroad Crossing permits Crossing Division manager Craig Reiley was not available, I > spoke instead with. senior railroad specialist Don Still at 378.6151. Still is familiar with the ':site. You asked me to find the answers to two c eetions: w ui.d i t i-ake _ £ ► aria regaki sixty to ninety day if there are no objections. However, if at would to � � � �' e g �a a �ix�imum n � � izi� at tx�a o�ro�s.�a.ta the UC gars to require automat i c� i � na i ins months too get the equipment. 24 //fiat st r,, , t , u1:t m _ '. The standards are Pound in ORS 76'30020(2)8( (3) 4 The application must excplain why the crossing must be made at grade level, rather than above or bel614 grade And the commission shall: a) Determine whether welfare require �:�r+� � �?'�b�:� -c safety, , convenience �,? equ grad separation; If grade separation not required, determine whether the application ation should be refuses or grahtedr and upon what teems and 'Conditions; and Xf commis ion approves c this pr�'�U"��, the �.ro��3.t'Ic �,..+��ri lap �r shall prescribe Manner of Oo n traction, maintenance and use, kind and location . of Protective ' ddevio es r allocation of Costs, and crossing Placement M'1 ODONNELL RAMIS ET AL 503 -243 -2944 ' O'T')ONN1L,L, RANDS, CREW &C »RICAN Aug 9,91 15 .01 Na .009 P.03 Memo re: Railroad Crossing Permit from PUC August 7, ` 1991 Page In this case, Still said there may be problems, two The first is .ir'o�1am.� r��sC7n� . first that the � r gradient may be too stee... for a safe crossing, and vehicle may get stuck (high-centered), He said that a crossing at this spot would be "misguided because it's very dangerous" The second probleM is that the commission is limited to Public crossings, which means open to the public. If this is a emergency access only, it is not open to the Public. An'i Still said that Means the commission does not have jurisdiction, He said it should be a private crossing I have at t�ached the pertinent t~ Portion Authorit to control public raiload -hi, Chapter g-7 i of � �tast�.od in the state and F'i3C « .T ghwa� crossing is building of a �rhi,�hwa 4r over basically Prohibits the u 1 i of Y y a railroad track. 763,020 f inec as open and in use or to be Used for travel by the public. Still is a talkative mar, and in . the course of answering your questions, . es' . the go�l1owing j I did not tell' him where the I learned site is, but he �. s familiar with it, (He mentioned 72nd ( itt 74th actually), Bonita Road, and two railroa d lines.) Still maid that 4 steel comp y received PUC approval had � � Pub��.i0 orOssIn a few ppro�al' for g years ago, but that and the permit Was Withdrawn b. the it was �'1{V by he PUC staff. That does not mean another permit would be automatically approved. ��11�, pp Still said the staff' was not pleased with the C would earlier and based on theirY,previous experience, they demanding application I ' of ld note that the uois bri not th���ta�f ].ic�tson ��aw� based _ , fo makes the decisions, based on the staff recoMmendations. He said that a grade g `s area (assuming the PUC has jurisdiction) ►c uld bone in this and di.fticu .t. He said the commission would likely require Mh+ automati si rails, of appxoachi tira►inw and to lower gates across the road), r +� �at��h (to warn � also be ep en s �L rase and Sh�rar�. distance of the st��` ppx�oao,.� road would p � because p aiho� rim the Public street, he said. • ., ODONNELL RAMIS ET AL 503- 243 -2944 Sep 5,91 16 : 23 No 016 P.01 JEFF /I. BACHRACI* CHARLF,S E, C IIRW AN* S'I`EFI -IF,,N F. CRI W CHA1U.ES M. Ok1;Kfr p MARX B. H RZ "A WIiIJAM A.- MONAHAIJ NANCY 5, MURRAY MARX P.O'DO!' NEL,L 11MO'THY V, RAMIS SHEILA C. JIOCWAYk <. MICHAEL C, ROBINSON *4 WILLIAM J. STALNAK R. O'D NNILL, RAMIS , CREW e C RRI AN ATTORNEYS AT LAW IALIWW & WRIGHT BUILDING 1727 N4Wr Hoyt Stzct Portland, Oregon 97209 TELEPHONE; (803)122-002 PAX; (503) 243 -2944 PLEA.SR RI:PL'' to PORTLAND OFFICE : :+,�nn� A: a IL%hcnp""rx`I�sa New ILly rAcautt ZLE iwag si(�T ''' ONELEIl Alto ADM►TISU TO ',MOWS IN TM ov WAMIIift noN • CLACK K' COUN'IY OFFICE 181 N „Grant, Suite 202 Canby, Oregon 97013 (603) 266-1149 JAMES M. COLEl1'IAN XBNNE 'lI M. EP.L10'17 Special counsel THIS E SES F OF NVU T CONFIDENTIAL ONLY THE USE O THE IIIDAL OR ENTIY NAMED ',LM /V. I TH INFORMATION A OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIELE To DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. lfil •� ' rfr. E! . r September 51 .991 TO: Patrick J. Reilly City of Tigard FAX 14! 684, -7297 Phone 0: 639 4171 FROM Michael C Robinson FAX # (50 ) 241 2944 iATE ..Y •rr rrrl f.rlr f� ,r,,•.,.,.f..r�.e..fi..rl l.lr.rlr.. �,..Ir.,. CLIENT NO e : 1• I. 90024-4 DESCRIPTION OF DOCUMENT TRANSMITTED: Letter from I lAtt W s IKroschel and proposed Idenmity Clause CO � � Re Proposed Private � g c Y �rossin � of Burlington tn Northern Railroad Right -of �ay r�g ard PAGES TO POLLOI4, EXCLUDING COVER SHEET. AT (503) 222�4��2 Yt�'dEI�Y�,TE��. THANK � PLEASE CALL THE tTf�1.���t52�1''��E� I F YOU DO NOT R EIVVE ALL OP 'TRE PAGE ( ) YOU. SIGNED �►N pnicnt�tA,i_, ��MING MAILED; AN ORIGI AL Is AV'AII•AI;+.LE WP'ON ItR4'?U T: 1, ODONNELL R 1M I S ET Kurd W, Kros htl (206);162 -7775 I cxanno Gibson (206 462 -6218 I)tltti(1 1., Kineek (206) 462 -6549 Davin M. Re,vr (2O6 462 -2824 Septeitbe ' , 1991 503_245 -2944 IKkZOSC "1•UlEIL & GIBS ON At t i-ncy.s al 1. tw Suite 607 110 1 Mill Ave. , NI. 13c1k.vuc, Wuwtlin tttitt 95004 (206) 462 -9584 r:AX (206) 625,6465 Michael C. Robinson O'Donnell, Ramie, Crew & Corrigan 1727 N.W. Hoyt Street Port .and, OR 97209;_ Sep 5,91 16 :24 N0.016 P.02 SO E' 5 1991 (A. RE: proposed Private Exnercgency r:rossii.lg of Burl ngton ; Northern Railroad Right-of-Way in Tigard, Oregon Dear Mrs ,obinYrona have received. and reviewed your communication of 26 August 1991. I have taker special' r bte or the prcpo cd indemnity clause that you � it would be appropriate for for have ,Provided �dlec� at�c� have determined than USe iyny��th�yis particular caso.yy By copy �,+oyf� this �g�{yletter `addyr�y{�gyge !4 . L icke 1 am �gu egtin that the � GAL. ktt ± in Ue +ion be ;redrafted to Y r inQlUde your proposed indemnity clause to 'epla0e g.. copy b / * o this letter. ��x� ~re���' ,era rapt � � a ��+ of which '�.;� ' �,tt�ch�d If there i8 a y sti, btan ...a1 delay in this matter p1ea86 oc` i'itact so that we might move it along. Very truly Yours,' I<R0gCHEL & d IPA ON BY ")AVAle4 1(txrt W. }resdhtl KW st Er d1 c: BQh L1itwkey 1 ODONNELL RAMIS ET RL 503-243-2944 Sep 5,91 16 :24 No .016 P.03 'R0PSSEi_ 1Q NITY;, CLAUS PO RER4AcE CURRENT PARAgam 9 permittee shall and hereby does release and discharge BuRLING'I'ON of and From any and all l iability for damage to or destruction of the Said crossing, or any property ` of pernittee thereon, and permittee shall and hereby does assume any and all liability for ire j ury to or death of Persons and loss of or damage to - � g' property in any manner arising from or during the construction, use, Maintenance, repair , or removal of said crossing, hov,rawer ' such inJaryf death, loss, damage or destruction aforesaid may occur or be caused, and permittee shall and hereby does indemnify and save htirt 1ess BURLINGTON from any and all claims, demands, suits, actions, damages, rec;oveiries, Judgments, costs or expenses arising or growing out of or in cotlineCtiOn with any such injury, death, loss, datuage or destruction aforesaid, , except liability arising out of the Sole negligence of BURLINGTON and its cfficers, agents, servants or employees, Per ittee further agrees to appear and in the any suits or actions at law bx caU�ht 1a against it one account of aa,n such er g g + y p gona1 injuries or death, final - or damage to property, and to pay and satisfy loss of any fi ju,dgnient that May „ be ,rendered against BURLINoToN in any such st it Or' action, except for such arising out of the sole negligence of L;t1[311LINGT011 and its officer's, agents, servants or employees. ro6r■diArrl 00024 -4 Judi mn }t.c W06.26.511 IH 1 i !iA ..J FAX #: FAX #: ' PHONE # / ill©. PAGES . INCLUDING f:', '•�� THIS PAGE '- +:,a '.' J MEMORANDUM M CITY OF TIGARD, OREGON TO Chuck Corrigan FROM: Loreen Edin DATE: June 26, 1991 SUBJECT: Railroad Crossing Liability Endorsement Attached is a copy of the contractual liability endorsement and the long term private crossing of Burlington Northern's track. This has been at the request of Pac Trust for the City to be the permittee .). The last sentence of the second paragraph ; of EHIBIT B eems to indicate that we accept all liability even if the railroad is at fault. This language is making it difficult for the City to obtain insurance coverage My, questions are:. 1. Can we reasonably hope 'to' delete that° sentence in the contract? (i.e. have you been successful, in negotiating language with the railroad ,before?, ) 2. the contra ct could we have a separate If that langu�.ge �s �.n , p contract with Pac Tru*st requiring payment of the premiums annually as weld as language to hold the City harmless, and defend and any judgment that may be rendere� ..g '. y satisfy d a a�.nst tie city Burlington in cases where the cost of such defense or settlement is over and :above the limits of the'' insurance, endorsement? Gave me a call regarding this prior to 1 :45 PM tomorrow of at all possible. Thanks; IP a �' • PRODUCER Leonard Adams Company PO Box AA Beaverton, Oregon 97075 T'Ad ,;STOOS"•AT ARROWS 1.•:••• THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW: COMPANIES AFFORDING COVERAGE COMPANY LETTER Northland Insurance Company INSURED City of Tigard PO Box 23397 Tigard, ORegon 97223 ..COVERAGES THIS IS TO CERTIFY NG THAT POLICIES N , TE RM;!CE LISTED BELOW HAVE CONTRACT OR OTHEI• DOCUMENT WITH RESPECT 'TO WHICH THIS CERTIFICATE MAY ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION Y THE TERMS, EXCLUSIONS, AND CONDI- BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TH FR , TIONS OF SUCH POLICIES. LIR CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMJDO'YYI POLICY EXPIRATION DATE (MMIDD/YY) LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE ' GENERAL x x x x LIABILITY COMPREHENSIVE FORM PREMISES /OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS /COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD NORM PROPERTY DAMAGE PERSONAL INJURY PE1214 5 -1 -91 5 -1 -92 BODILY INJURY $ 200 $500 PROPERTY DAMAGE $ 50 COMB NED $ 500 500 PERSONAL INJURY $ 500 ,A AUTOMOBILE x LIABILITY ANY Aura ALL OWNED AUTOS (PRIV PASS ) ALL OWNED AUTOS .OTHER. THAN 1 PRIV. PASS // HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY BA00391 5-1-91 5-1-92 800ILY INJURY IPERPERSON) $ 200 "^M INJURY (PER ACCIDENT) $ 5 0 0 PROPERTY DAMAGE $ 50 BI a PD COMBINED $ A EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM uM06s52 5 -1-91 5 -1 -92 CO BNED $ 1, 000 $1, 000 , I WORkERS` COMPENsATIoN AND EMPLOYERS' LIABILITY STATUTORY ! " . >. $ (EACH ACCIDENT) $ (DI•Pg'.ASE- POLICY LIMIT) $ J , \SE -EACH EMPLOYEE) t OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESISPECIAL ITEMS Burlington Northern Railroad Company permit No:C)91- -16054 1991 rive.te Crossing R91 - 7 +orrg Tent I CANCELLATION CEf TIFICA•TE, HOLDER Risk ManagaMent Analyst Burlington Northern Railroad Compan 77/ Main Ft: Worth, Texas 76102 Dated SHOULD ANY OF THE At OVE DESCRIBEDi POLICIES ESE CANCELLED BEFORE THE Ek- ,, ; COMPANY WILL�tA O `y $� CATS HOLDER NAMED TO THE MAIGTfON DDAYS I<11RITT OFNOTHC THE CEROT I� �T rI a fY LEFT, 0 DA , . - � 3 AUTHORIZED, REPRFS L ieez Leonat A dams. Com an N 1684 If EXHIBIT rIBir a... CONTRACTUAL LIARILITY ENDORSEmENT LONG TERM Private Crossing CX91- 16054 In consideration p e nsi eration of an additional deposit Premium of $ th ihco, " "inc agr °9menfs of ..", 01 :�..� �, r, , h i (optionl) „� b+u, to 'Ml 11 lJ; 11I CQILL(dc Ludt - 'L1aollity Lndorse- ment is attached are h liability ereby extended to cover the 1 i abi 1 � t for• bodily injuries, including resulting death and damage to property, which liability the insured has assumed by virtue of the following wording contained in an agreement entered into between the insured and Burlington Northern Railroad Company numbered CX91 -16054 and dated June 15, ' 1991: Permittee shall and hereby does release and discharge Burlington of and from . om any and all liability for damage to or destruction of the said Crossing, or any property of Permi ttee' thereon, and Perini ttee shall and hereby does assume any and all liability for injury to or death of persons, or loss of or damage to property in any manner arising from or during the construction, use, maintenance, repair or emoval of said Crossing, however such injury, death, loss, damage or destruction aforesaid , may occur or be caused, and Re f ,and save harmless � rmittee shall and hereby does indemni y mless Burlington from any and all Claims, demands, suits, actions, damages, recoveres, judgments, costs or expenses arising or growing out of or in connection with any such injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name' of Burlington any suits or actions at law brought against it on account of any such personal injuries, death or damage to property, and to pay and satisfy any final judgment that may be rendered against the Burlington in any such suit or action. THE LIABILITY ASSUMED BY PERMITTEE SHALL NOT BE AFFECTED BY TiIE FACT, IF IT IS A FACT, THAT THE LOSS, DAMAGE, DEATH, OR INJURY WAS SICOCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF ' ITS RS, AGENTS,_ SERVANTS, EMPLOYEES, OR OTHERWISE. BURLI�,GTbN This Endorsement is issued subject to all zgreernents, exclusions,'condi tions, declarations and other terms contained ;in the policy, except as modified by this Endorsement. Ten days' written l rioti ce shall be given to Burlington Northern Railroad road Company addressed to the General Manager, 2000 First Interstate Center, Seattle, Washington, 98104 -1105, of any cancellation of Policy No =p . s if canceled at any time prior to the expiration date of the state • Po icy period: This Endorsement forms a part of Policy No,pti214-.,C:...t .s.52issued to the by the and is effective tr 7 µ 1dard Tirne: Counte fined y Leo gams Comp4n ruly Authorized Agent Brian booney; AGent President 1' TO: FAX #: ‘;475/— d °7 FROM: FAX #: d L:'Z..-- ,,•� -- DATE /17/ 91 8 NO. PA GES PON 6 3` H G #f 7// / 4 S BURLINGTON NORTHERN RAILROAD PACIFIC DIVISION Permit Department Robert E. Luckey 2000 First Interstate Center 999 Third Avenue Seattle, Washingtpn 98104-1105 Phone 206 "467,3289 CITY OP TIGARD June 12, 1991 P.O. Box 23397 Tigard, O,R 97223 Attention: Mr. Edward J. Murphy, Community Development Director Attached i s permi t No. CX91 -16054 i n favor 'of the transfer /re i ssuance Permit ' of Agreement. . GX86.17005 date d' 02,%03 /86- MERCER, an existing right of access agreement, to the ,C .,ITY OF TIGARD for the installation by' Burlington field fores , at Permi ttee' ',s expense, a new Emergency access private 48' Timber panel crossing, controlled by a gate actuated by the TUALATIN FIRE ,DISTRICT, at TIGARD, OR. Please arrange' to have proper signatures affixed to BOTH COPIES of 'this agreement in the presence of witnesses and return to this office along with your check, and /or Purchase Order, in. the amount of $18,400.00, payable to Burlington Northern Railroad Company, to cover the $100.00 permit . fee for the first five -year period commencing June 15, 1991 together with $18,300.00, the agreed cost of the work and material s to be furnished by Burlington as outlined in paragraph 2 and 3, of g n �� nclosed in this agreement. and the AFE Cst7mate Sheet DTO 5%.20/91 e 9 Also send your INSURANCE CERTIFICATE to cover the liability, We need to have this certificate BEFORE the permit can be executed on behalf of the Burlington. An Insurance Broker, or your Insurance Agent, will be of assistance in this matter by presenting this Agreement /Addendum for insurance review. There may, or may not be an Exhibit '' "Ai' print enclosed i n the agr'eemen s , however, Exhibit y 0 attachment pertains to the matter of insurance, After execution on behalf of the Burlington, one copy will be` returned to you for your records Kindly refer to file number shown below when corresponding about this permit until finalized. trul rib Luckey permit Department Att. Filet 7026 Tigard cc: PACTRUST 1511 S. W. Sequoia Parkway - Suite 200 Portland, OR 97224 Attnt Mr, Richard P. '8uano, 'V.P: CALL BEFORE: YOU DICi 1 8O0 -533- 289,1 BURLINGTON NORTHERN RAILROAD PACIFIC DIVISION Permit Department Robert E, Luckey CITY OF TIGARD c/o Michael C. Robinson O'Donnell, Ramis, Crew & Corrigan 1727 N. W. Hoyt Street Porltand OR 97209 2000 First Interstate Center 999 Third Avenue Seattle, Washington 98104 -1105 Phone 206.467.3289 June 12, 1991 (Revised document as o September 26, 1991.) Attention: Mr. Robinson and Mr. Edward J. Murphy, CDD Attached is REVISED Permit No, CX91 -16054 in favor of the transfer /reissuance o f Permit Agreement CX86.17005 dated 02/03%86- MERCER, an existing right of access agreement, to the CITY OF TIGARD for the installation by Burlington field forces, at Permittee's expense, a new Emergency access private 48' Timber panel crossing, controlled by a gate actuated by the TUALATIN FIRE DISTRICT, at TIGARD, OR., with reference to phone conversation tod. .y, Please arrange to have proper signatures affixed to BOTH COPIES of this agreement in the presence of witnesses and return to this office along with your check, and /or Purchase Order, in the amount of $18,400.00, payable to Burlington Northern Railroad Company, to cover the $100.00 permit fee for the first five-year period cpmmencing June 15, 1991, together with $18,300.00, the agreed cost of the work and materials to be furnished by Burlington as outlined in paragraph 2 and 3 of this agreement, and the AFE Estimate Sheet "DTJ 5/20/91" enclosed in this agreement. Also send your INSURANCE CERTIFICATE to cover the liability. We need to have this certificate BEFORE the permit can be executed on behalf of the Burlington. An Insurance Broker, or your Insurance Agent, will be of assistance in this matter by presenting this Agreement /Addendum for insurance 1,evi ew. There may, or may not be an Exhibit "A" print enclosed in the agreement, however, Exhibit "B" attachment pertains to the 'matter of insurance: After execution on behalf of the Burlington, one copy will be returned to you for your records Kindly refer to file number shown below when corresponding about this permit until finalized. Y trul Bob Lucke Permit Department Att. File. 7026 Tigard cc: Kroschel &''Gibson - Your KWK :ml letter 'September 3,; 1991. CALL BEFORE YOU DIG 1- 800- B33.2851 No. CX91 -16O54 PRIVATE ROADWAY AND CROSSING AGREEMENT Transfer: CX86 -17005 (right of access only) dated 02/03/86-MERCER AGREEMENT made this 15th day of JUNE, 1991, between BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation;`hereinafter called "Burlington ", whose' post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, WA 98104 -1105, and CITY OF TIGARD, whose post office address is 13123 S. W. Hall Blvd., Tigard, OR 97223, hereinafter called "Permittee ", WITNESSETH: WHEREAS, Permittee desires for Permittee's use the construction and main- tenance right-of-way Burlington of a new Emergency access private tenance Upon the r7 ht -of -way of Burp, 48' Timber panel crossing controlled by a gate actuated by the TUALATIN FIRE DISTRICT, hereinafter sometimes referred to as a "Crossing ", located at Survey Station 7031-15 - Milepost 33.74, Line Segment 442 at or near TIGARD, County of Washington, Ore g on, and Buriin g ton agrees to the construction and maintenance thereof and the use thereof by Permittee upon the following terms and conditions: 1. Permittee shall, at it's own cosi: and expense, do all required grading and maintenance of the roadway approaches and furnish, install, and maintain necessary drainage facilities. g y it's ility and Property Damage and furnish to Permittee shall at i own cost and expense, e Insurance as set out in Addendum attached�hereto� and ade a part hereof. Burlington shall, at the cost and expense of Permittee, construct new Crossing. Burlington shall maintain said Crossing at Permittee`s cost and expense. common Burlinton right be installed to use said road' crossing ih to gate by. the Tua'i ati n Fire District, City of Tigard, Permittee agrees to surf ehh e^ said keys or lock combination, to Burlington's Roadmaster Office located at 725 Waverly N, E. Albany, OR 97321, immediately after said lock is installed. 2. Permitte'_> shall, upon execution hereof, pay to Burlington for the license and permission hereby granted the sum of ONE HUNDRED DOLLARS, ($100.00) for the 'five -year period commencing as of the date first hereinabove wrr.7 men. Permittee hereby agrees to pay Burlington', standard license and permission charge as may be in effect from time to tine for periods subsequent to such initial five -year period. 3. Permittee shall, before any construction is begun, also pay to Burlington the sum of EIGHTEEN THOUSAND THREE HUNDRED DOLLARS, ($18,300.00) the agreed cost of the work and materials to be furnished by Burlington at the expense of Permittee, including cost of removal of said Crussing, Either party hereto may assign any receivables due them under this Agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this agreement. Permittee shall also pay to Burlington the cost of the maintenance, additions, and betterments performed by Burlington from time to time herein agreed, to be borne by Permittee, within twenty (20) dads after bills are rendered thhrefor, 4, Should the right -of -way be now or hereafter fenced at the location described, Permittee shall construct, maintain, and keep repaired at Perr'iittee's expense, farm crossing gates in a manner satisfactory to Burlington's .neral Manager, and said gates shall be kept closed, except When necessary tt, ua open for travel. Permittee agrees to assume all damages of every kind whatsoever resLiting from Permittee's failure to keep gates closed, or for failure to keep the same in proper repair, as agreed in this paragraph, 5. Permittee shall at all times keep the flangeways of said Crossing free and clear of all snow, dirt or any other obstructions whatsoever which may accumulate by virtue of vehicles or farm machinery crossing thereover or other- wise. 6. Permittee shall not permit said Crossing to be used as a public Crossing nor shall Permittee authorize others to use said Crossing without Railroad's written consent. Provided, however, written consent shall not be required for occasional guests of Permittee. Permittee further agrees that upon the lease, sale, devise or conveyance of the property being served by this Crossing that the Permittee shall notify Burlington of such lease, sale, devise- or conveyance and shall require that the lessee, grantee, receiver or purchaser make application for a o rivate Crossing with Burlington. 7. Permittee, at Permittee's own expense, shall remove and keep removed any vegetation at said Cross ig which may interfere with the view of trains approaching in either direction, 8. The permission hereby granted shall neither be or be deemed or con- strued to be a grant of land, nor shall it constitute ownership by Permittee of the Crossing or that portion of the right -of -way of Burlington upon which the Crossing is located. It is also specifically understood by Permittee that cables and other electric and /or fiber optic transmission lines may be on, about, along, or under Burlington's property and Permittee agrees and warrants that under NO CIRCUMSTANCES will Permittee dig in or disturb the surface of Burlington ''s property. 99. Permittee shall and hereby does release and discharge BURLINGTON of g and from any and all liabilit y for damage to or destruction of t he said Crossing, or any property of Permittee thereon, and Permittee shall and hereby does assume any and all liability for injury to or death of persons, and loss of or damage to property in any manner arising from or during the construction, use, maintenance, repair or removal of said Crossing, however such injury, death, loss, damage or destruction aforesaid may occur or be caused, and Permittee shall and hereby does indemnify and save harmless BURLINGTON from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such injury, death, loss, damage or destruction aforesaid, except liability arising out of the sole negligence of BURLINGTON and its officers, agents, servants or em loyuees. Permittee further agrees to appear and defend in the name of BURLINGTON any suits or actions at law brought against it on account of any such personal any final injuries s or death, and loss of or damage to property, and to pay and judgment that may be rendered against BURLINGTON in any such suit or action, except for such arising out of the sole negligence of BURLINGTON and its officers, agents servants or employees. 10. It is agreed that the provisions of paragraph 9 are for the equal protection of any other railroad company or companies, including National Railroad Passenger Corporation (Amtrak), heretofore or hereafter "granted the joint use of Burlington's property, of which said premises are a part 1 b the In the event Burlington shall require the use of its remises occupied y e said Crossing or any part thereof for any purpose Whatsoever, or if Permittee shall fail to keep and perform any of the terms and conditions of this Agreement herein agreed by Permittee to be kept and performed, Burlington shall have the right to terminate this Agreement at any time upon giving to Permittee thirty (30) days' Written notice of its intention so to do and shall, upon expiration of said thirty (30) days, have the right to remove said Crossinc and barricade access thereto at the cost and expense of Permittee. Said notice shall be good if served personally upon Permittee or posted upon the premises or deposited postpaid in a United States Postal Service, addressed to Permittee at Permittee's , post office address above stated, No portion of any payments made hereunder will be refunded upon termination of this Agreement. 12. Permittee shall not assign or transfer this Agreement without first having obtained the written consent of Burlington. D BURLINGTON AFE ESTIMATE SHEETaikso AINORROATHERN Labor LINE SEGMENT NO. 0442 Install a 48' Grade Crossing for Emergency Vehicles for the City of Tigard, OR Excavate and Place Fabric Install 48' Timber Crossing Panels 180 Ea, Camcar Screw Spikes 5/8'5X12" 135 Accouritirtg Labor Additives 71,76% of 600 =431 53019% of 190=101 54,44% of 3,215 1,750 OQllfr1 159/04 4.62 dhnlid ui U S. A aim RFA Nio. !T! ,AFE ESTIMATE SHEET ROAD Sheet No. 2of2 ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO CX91 -16054 DATED June ,:15, 1991 LONG-TERM PRIVATE CROSSING The Permittee shall, at its own expense, obtain and maintain in force during the term of Permit No CX91- 16054, together with a Contractual Liability Endorsement attached thereto, under the terms of which the insuring agreements of the policy are extended to cover the liability assumed by the Permittee hereunder. The form of said Endorsement is hereto attached, marked Exhibit "B ". The Permittee shall carry General Liability Insurance against claims arising out of bodily injury, illness and death and from damage to or destruction of property of others, including loss of use thereof, and including liability of Burlington, Permittee and all subcontractors, and each of them, with a minimum limits for bodily injury and property damage of ONE MILLION, DOLLARS ($1,000,000) each occurrence. This policy shall be in broad form and shall include the following coverages: (1.) Premises and operations 23) Independent Contractors ;B.) Contractual liability - Exhibit ►'B" 4.) Products and completed operations (5.) Bodily injury to include personal injury (6.) Broad form property damage Burlington Northern Railroad Company shall not be a named insured under such policy(s). Such policy or certificate with respect thereto, together with said Con- tractual Liability Endorsement attached thereto, shall be submitted to the Burlington for approval as to the insurance company, writing same, the amount and the form, and, upon approval and prior' to commencement of any work to be per- fornied under this agreement, the Permittee shall deposit the Certificate of Insurance with CX91- 16054, Permit Number shown in 'Description of Operation' on ��c said Certificate of Thsur?o; with the Burlington It is understood and agreed that the Permiftee"s policy is primary and not contributory and releases Burlington as to , payments of any earned prenium.' The insurance certificate provided by Permittee must be satisfactory to Burlington as to insurance Barriers covering the risk and must bear a cancellation clause Providing that such insurance may not be cancelled, amended, or allowed to lapse until the expiration of at least (30) days advance written notice to Burlington. Crossing shall not be constructed i'ntil Permittee furnishes to Burlington for approvali3 the original Certificate of Insurance, certified copy of policy(s), or other satisfactory evidence that all the insurance which Permittee' is obliged to furnish under the foregoing provisions has been obtained and is being maintained. Nothwithstanding the foregoing provisions of this Addendum, Permittee CITY OF TIGARD shall be permitted to self - insure all or any portion of the risks hereinaboVe and in Exhibit "B" required to be insured, in accordance with Permittee's corporate risk ,',management and loss retention practices as in effect from time to time, and in the absence of Perri,ttee furnishing any policy or certificate of insurance and contractual liability endorsement herein required all such risks required to be so insured by Permittee shall be regarded as self - insured' by Permittee, Permittee s 7s Manager Date Questions or clarification of insurance requirements may be directed tot Risk Management Analyst Burlington Northern Railroad Company 777 Main Et. Worthy TX 76102 Phones 1-811-878-2374 FAX 4317-678-2377, All renewal certificates are to be mailed and /or', FAX 'd to the above'tddress,; ,A d 13. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, successors and assigns. 14. Nothing contained shall imply or import a covenant on the part 4. Noth�n herein containe of- Burlington for quiet enjoyment. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. In presence of (W1tnP (Witness) BURLINGTON NORTHERN RAILROAD COMPANY` By Title DIVISION ENGINEER CITY OF TIGARD By Title wm° FOR EXECUTION BY INSRANCE AGENT AND /OR COMPANY EXHIBIT "B" CONTRACTUAL LIABILITY ENDORSEMENT LONG TERM Private Crossing CX91 -16054 additional deposit premium of $ the (optionaTT insuring agreements of the policy to which this Contractual Liability Endorse -' ment is attached are hereby extended to cover the liability for bodily injuries, including resulting death and damage to property, which liability the insured has assumed by virtue of the following wording contained in an agreement entered into between the insured and. Burlington Northern Railroad Company numbered CX91 -16054 and dated June 15, 1991: Permittee shall and hereby does release and discharge BURLINGTON of and from any and all liability for damage to or destruction of the said Crossing, or any property of Permittee thereon, and Permittee shall and hereby does assume any and all liability for injury to or death of persons, or loss of or damage to property in any manner arising from or during the construction, use, maintenance, repair or removal of said Crossing, however such injury, death, loss, damage or destruction aforesaid may occur or be caused, and Permittee shall and hereby does indemnify and save harmless BURLINGTON from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such injury, death, loss, damage or destruction aforesaid, except liability arising out of the sole negligence of BURLINGTON and its officers, agents, servants or employees. Permittee further agrees to appear and defend in the name of BURLINGTON any suits or actions at law brought against it, on account personal injuries, death or damage to property, and to nt of .any such ersanal in pay and satisfy any final judgment that may be rendered against the Burlington in any such suit or action, except for such arising out of the sole negligence of BURLINGTON and its officers, agents, servants or employees. This Endorsement is issued subject to all agreements, exclusions, condi- tions, declarations and other terms contained in' the policy, except as modified by this Endorsement. Inconsideration of an Ten days' written notice shall be given to Burlington Northern Railroad Company addressed to the General' Manager, 2000 First Interstate Center, Seattle, Washington, 98104 -1105, of any cancellation of Policy No, if canceled at any time prior to the expiration date of the stated policy period. This Endorsement forms a part of Policy No. issued to the _-- --�- -- By the and is , effect�Ve , 9�..a Standard Time. Questions or clarification of insurance requirements may be directed to: Risk Management Analyst Burlington Northern Railroad Company 777 Main Pt. Worth, TX 76102 Phone: 1- 817 -878 -2374 MX 817,-878-2317 Burlington requires an insurance Company recognize the indemnity that their insured has assumed in execUting the enclosed Permit Agreement. For this reason the Permit Agreement should be viewed by your Insurance Agent: All renewal Certificates are to be mailed and/or FAX 'd to the above addres' No. CX91- 16054 PRIVATE ROADWAY AND 'CROSSING AGREEMENT CX86 -17005 (right: of access only) dated 02/03/86- MERCER AGREEMENT made this 15th day of JUNE, 1991, between 'BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation iiere rafter called "Burlington", whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, WA 98104 -1105, and CITY OF TIGARD, whose post office address is 13123 S. W. Hall Blvd., Tigard, OR 97223, hereinafter called "Permittee ", WITNESSETH WHEREAS, Permittee desires for Permittee's use the construction and main- tenance upon the right-of-way of Burlington of a new Emergency access private 48' Timber panel crossing controlled by a gate actuated by the TUALATIN FIRE DISTRICT, hereinafter sometimes referred to as a 'Crossing ", located at Survey Station 703.15- Mile ost 33.74, Line Segment 442 at, or near TIGARD, County of Was Tigton., Oregon, an Burlington agrees to the construction and maintenance thereof and the use thereof by Permittee upon the following terms and conditions 1. Permittee shall, at it's own cost and expense, do all required grading and maintenance of the roadway approaches and furnish, install, and maintain necessary drainage facilities. Permittee shall at it's own cost and expense, obtain and furnish to Burlington a policy of Public Liability and Property Damage Insurance as set out ih Addendum attached hereto and made a part hereof. Burlington shall, at the cost and expense of Permittee, construct new Crossing. Burlington shall maintain said Crdssing at Permittee's cost Burlington reserves the right at any time to use said road crossing in common with Permittee. Should a lock be installed to gate by the Tualatin Fire District, City of Tigard, Permittee agrees to surrender saiTkey,, or 1oc1 combination, to Burlington's RoadmasterOffice located at 725 Waverly N. E., Albany, OR ,97321, immediately after said lock is installed, 2. Permittee shall, pay to Burlington for the license and permissionhe rebyp u granted hereof, sum of ONE HUNDRED DOLLARS, ($10 0.00) for the five -year period commencing as of the date first hereinabove written. Permittee hereby agrees to pay Burlington's standard license and permission charge as may be i h effect from time to time for periods s'absequent to such initial five -year period, 3. Permittee shall, before any construction is begun, also Pay to Burlington the sum of EIGHTEEN THOUSAND THREE HUNDRED DOLLARS, ($18,300.00) the . * Either the agreed cost of the work and materials to be furnished by Burlington expense of Permittee, including cost of removal of said Crossing. ither party hereto may assign any receivables due them under this Agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this agreement. Permittee shall also pay to Burlington the cost of the maintenance, additions, and betterments performed by Burlington from time to time herein agreFd to be borne by Permittee, within twenty (20) days after bills are rendered therefor. 4. Should the right-of-way be now or hereafter fenced at the location described, Permittee shall construct, maintain, and keep repaired at Permittee's expense, farm crossing gates in a manner satisfactory to Burlington's General Manager, and said gates shall be kept closed, except when necessary to be open for travel. Permittee agrees to assume all damages of every kind whatsoever resulting from Permittee's failure to keep gates closed, or for failure to k?ep the same in proper repair, as agreed in this paragraph. ,. Permittee shall at all times keep the flangeways of said Crossing free and clear of all snow, dirt or any other obstructions whatsoever which may accumulate by virtue of vehicles or farm machinery crossing thereover or other- wise. 6. Permittee shall not permit said Crossing to be used as a public Crossing nor shall Permittee authorize others to use said Crossing without Railroad's written consent. Provided, however, written consent shall not be required for occasional guests of Permittee. Permittee further agrees that upon the lease, sale, devise or conveyance of the property being served by this Crossing that the Permittee shall notify Burlington of such lease, sale, devise or conveyance and shall require that the lessee, grantee, receiver or purchaser make application for a private Crossing with Burlington. 7. Permittee, at Permittee's own expense, shall remove and keep removed any vegetation at said Crossing which may interfere with the view of trains approaching in either direction. 8. The permission hereby granted shall neither be or be deemed or con- strued to be a grant of land, nor shall it constitute ownership by Permitter of the Crossing or that portion of the right-of-way of Burlington upon which the Crossing is located. It is also specifically understood by Permittee that cables and other electric and /or fiber optic transmission lines may be on, about, along, or under Burlington's property and Permittee agrees and warrants that under NO CIRCUMSTANCES will Permittee dig in or disturb the surface of Burlington's property. 9. Permittee shall and hereby does release and discharge BURLINGTON of and from any and all liability for damage to or destruction of the said Crossing, or any property of Permittee there does assume and all liability for injury or death of persons, and loss of and Permittee shall and her doe any bf y or damage to property in any manner arising from or during the construction, use, maintenance, repair or removal of said Crossing, however such injury, death, loss, damage or destruction aforesaid may occur or be caused, and Permittee shall and hereby does indemnify and save harmless BURLINGTON from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such injury, death, loss, damage or destruction aforesaid, except liability arising out of the sole negligence of BURLINGTON and its officers, agents, servants or eiup loyuees. Permittee further agrees to appear and defend in the name of BURLINGTON any suits or actions at law brought against it on account of any such personal injuries or death, and loss of or damage to property, and to pay and satis fy any final judgment that may be rendered against BURLINGTON in any such suit or action, except for such arising out of the sole negligence of BURLINGTON and its officers, agents servants or employees. 10. It is agreed that the provisions of paragraph 9 are for the equal protection of any other railroad company Or companies, including National Railroad Passenger Corporation (Amtrak), heretofore or hereafter granted the joint use of Burlington's property, of which said premises are a part. 11. In the event Burlington shall require the use of its ppremises occupied by the said Crossing or any part thereof for any purpose Whatsoever, or if Permittee shall fail to keep and perform any of the terms and conditions of this Agreement herein agreed by Permittee to be kept and performed, Burlington shall have the right to terminate this Agreement at any time upon giving to Permittee thirty (30) days' written notice of its intention so to do and shall, upon expiration of said thirty (30) days, have the right to remove said Crossing and barricade access thereto at the cost and expense of Permittee. Said notice shall be good if served personally upon Permittee or posted upon the premises or deposited postpaid in a United States Postal Service, addressed to Permittee at, Permittee's post office address above stated. No portion of any payments made' hereunder Will be refunded upon termination of this Agreement, 12. Permittee shall not assign or transfer this Agreement without first having obtained the Written consent of Burlington. BURLINGTON NORTHERN RAILROAD LINE SEGMENT NO. 044'2 Install a 48' Grade Crossing for Emergency Vehicles for the City of Tigard, OR Preliminary Engineering Construction Engineering Excavate and Place Fabric Install ' Timber Crossing Panels 630. 2235 180 Ea. Camcar Screw Spikes 5/81dX12" Replace 60 Ea. Grade 5 Cross Ties Relay 80 Track Feet 160LF115 #CWR Sueface Track 50 Net Tons of Crushed Rock Ballast Unload Material Work Train Service Material Handling Freight on Material Business Expense Equipment Rental Accounting Labor Additives 71,76% of 600 =431 53,09 % of 100 =101 BURLINGTC, I NORTHERN RAILROAD Liability Insurance Salvage Credit Contingencies 18,300 FOaM1t92dr: 0.4/ ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO CX91-16054 DATED June 15, 1991' LONG -TERM PRIVATE CROSSING The Permittee shall, at its own expense, obtain and maintain in force during the term of Permit No. CX91- 16054, together with a Contractual Liability Endorsement attached thereto, under the terms of which the insuring agreements of the policy are extended to cover the liability assumed by the Permittee hereunder. The form of said Endorsemcnt is hereto attached, marked Exhibit "B'. The Permittee shall carry General Liability Insurance against claims arising out of bodily injury, illness and death and from damage to or destruction of property of others, including loss of use thereof, and including liability of Burlington, Permittee and all subcontractors, and each of them, with a minimum limits for bodily injury and property damage of ONE MILLION DOLLARS ($1,000,000) each occurrence. This policy shall be in broad form and shall include the following coverages: Premises and operations Independent Contractors Contractual liability - Exhibit "B" Products and completed operations Bodily injury to include personal injury Broad form property damage Burlington Northern Railroad Company shall not be a insured under such policy(s). Such policy or certificate with respect thereto, together with said Con- tractual Liabilty Endorsement attached thereto, shall be submitted to the i Burlington for approval as to the insurance com any writing same, the amount and the form, and, upon approval and prior to commencement of any work to be per - formed under this agreement, the Permittee ha11 deposit the Certificate` of Insurance with CX91- 16054, Permit Number shown in 'Description of Operation' on said Certificate of Insurance, with the Burlington= It is understood and agreed that the Permittee's policy is primary and not contributory and releases Burlington as to payments of any earned premium,. The insurance certificate provided by Permittee must be satisfactory to Burlington as to insurance carriers covering the risk and must bear a cancellation clause prov�`nng that such insurance may not be cancelled, amended, or allowed to lapse until the expiration of at least (30) days advance written notice to Burlington. Crossing shall not be constructed until Permittee furnishes to Burlington for approval, the original Certificate of Insurance, certified copy of policy(s), or other satisfactory evidence that all the in iurance which Permittee is obliged to furnish under the foregoing provisions has been obtained and is being maintained. Nothwithstanding the foregoing provisions of this Addendum, Permittee CITY OF TIGARD shall be permitted to self- insure all or any portion of the risks hereinaboVe and in Exhibit °O" required to be insured, in accordance with Permittee's corporate risk management and loss retention practices as in effect from time to time, and in the absence of Permittee furnishing any policy or certificate of insurance and contractual liability endorsement herein required all such risks required to be so insured by Permittee shall be regarded as self - insured by Permittee, Ter Risk manager Date m7 ttee s Ri Questions or clarification of insurance requirements may be directed tow Risk Management A y Burlington Northern Railroad Company 777 Main Ft. Worth, TX 76102 Phone: 1. 817-878 -2374 FAX ' 817 -878 -2377 All renewal certificates are to be Mailed' and /or FAX'd to the above address, 13. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, successors and assigns. 14. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. BURLINGTON NORTHERN RAILROAD COMPANY (Witness) By Title DIVISION ENGINEER CITY OF TIGARD By Title No. CX91 -76054 PRIVATE ROADWAY AND CROSSING AGREEMENT Transfer; CX86-17005 (right of access only) dated 02/03/86- MERCER AGREEMENT made this 15th day of JUNE, 1991, between BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Burlington ", whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, WA 98104 -1105, and CITY OF TIGARD, whose post office address is 13123 S. W. Hall Blvd., Tigard, OR 97223, hereinafter called "Permittee ", WI'TNESSETH WHEREAS, Permittee desires for Permittee's use the construction and main- tenance upon the right - of-way of Burlington of a new Emergency access private 48' Timber panel crossing controlled by a gate actuated by the TUALATIN FIRE DISTRICT, hereinafter sometimes referred to as a " Crossing", located at Survey Station 703 +15 - Milepost 33,74, Line Segment 442 at or near TIGARD, County of Washington, Oregon, and Burlington agrees to tie construction and maintenance thereof and the use thereof by Permittee upon the following terms and conditions; 1. Permittee shall, at it's own cost and expense, do all required grading and maintenance of the roadway approaches and furnish, install, and maintain necessary drainage facilities, Permittee shall at its own cost and expense, obtain and furnish to Burlington a policy of Public Liability and Property Damage Insurance as set out in Addendum attached hereto and made a part hereof. Burlington shall, at the cost and expense of Permittee, construct new Crossing. expense. Burlington shall maintain said Crossing at Permittee's cost and Burlington reserves the right at any time to use said road crossing in common with Permittee. Should a lock be installed to late by the Tualatin Fire District, City of Tigard,. Permittee agrees to surrender said key, or lock combination, to Burlington's Roadmaster Office located at 725 Waverly N. E., Albany, OR 97321, immediately after said lock is installed. 2: Permittee shall, upon execution hereof, pay to Burlington for the license and 'permission hereby granted the sum of ONE HUNDRED DOLLARS, ($100.00) for the five -year period commencing as of the data first herei nabove wr i:ten, Permittee hereby agrees to pay Burlington's standard license and permission charge as may be in effect from time to time for periods subsequent to such initial fi ve-year period, 3 Permittee shall, before any construction is begun, also pay to Burlington the sum of EIGHTEEN THOUSAND 'THREE HUNDRED DOLLARS, ($18,300:00) the agreed cost of the work and materials to be furnished by Burlington at the expense of Permittee, including cost of removal of said Crossing. Either party hereto may assign any receivables due them under this Agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this agreement: Permittee shall also pay to Burlington the cost of the maintenance, additions, and betterments performed by Burlington from time to time herein agreed to he borne by Permittee, within twenty (20) days after bills are rendered therefor. 4, Should the right -of -way be now or hereafter fenced at the location described, Permittee shall construct, maintain, and keep repaired at Permittee's expense, farm crossing gates in a manner satisfactory to Burlington's General Manager, and said gates shall be kept closed, except when necessary to be open for Craves, Permittee agrees to assume all damages of every kind whatsoever resulting from Permittee's failure to keep gates closed, or for failure to keep the same in proper repair, as agreed in this paragraph. 5. Permittee shall at all times keep the flangeways of said Crossing free and clear of all snow, dirt or any other obstructions whatsoever which may accumulate by virtue of vehicles or farm machinery crossing thereover or other- wise. 6. Permittee shall not permit said Crossing to be used as a public Crossing nor shall Permittee authorize others to use said Crossing without Railroad's written consent. Provided, however, written consent shall not be required for occasional guests of Permittee. Permittee further agrees that upon the lease, sale, devise or conveyance of the property being served by this Crossing that the Permittee shall notify Burlington of such lease, sale, devise or conveyance and shall require that the lessee, grantee, receiver or purchaser make app lication for a private Crossing with Burlington. 7. Permittee, at Permittee's own expense, shall remove and keep removed any vegetation at said Crossing which may interfere with the view of trains approaching in either direction. 8. The permission hereby granted' shall neither be or be deemed or con - strued to be a grant of land, nor shall it constitute ownership by Permittee of the Crossing or that portion of the right -of -way of Burlingtoh upon which the Crossing is located. It is also specifically understood by Permittee that cables and other electric and/or fiber optic transmission lines may be on, about, along, or under Burlington's property and Permittee aeeees and warrants that under NO CIRCUMSTANCES will Permittee dig in or disturb the surface of Burlington's property. 9. Permittee shall and hereby does release and discharge Burlington of and from any and all liability for damage to or destruction of the said Crossing, or any property of Permittee thereon, and Permittee shall and hereby does assume any and all liability for injury to or death of persons, and loss of or damage to property in any manner arising from or during the construction, use, maintenance, repair or removal of said Crossing, however' such injury, death, loss, damage or destruction aforesaid may occur or be caused, and Permittee shall and hereby does indemnify and save harmless Burlington from any and all claims, demands, ' suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name of Burlington any suits or actions at law brought against it on account of any such personal injuries or death, and loss of or damage to property, and to pay and satisfy any final judgment that may be rendered against Burlington in any such suit or action. THE LIABILITY ASSUMED BY PERMITTEE SHALL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE LOSS, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS OFFICERS, AGENTS SERVANTS, EMPLOVEES, OR OTHRWTSE 10. It is agreed that the provisions of paragraph 9 are for the equal protectiran of any other railroad company or companies, including National Railroad Passenger Corporation (Amtrak), heretofore or hereafter greeted the joint use of Burlington's property, of which said premises are a part, 1I. In the event Burlington shall require the use of its premises occupied by the said Crossing or any part thereof for any purpose whatsoever, or if Permittee shall fail to keep and perform any of the terms and conditions of this Agreement herein agreed by Permittee to be kept and performed, Burlington shall have the right to terminate this Agreement at any time upon giving to Permittee thirty (30) days' written notice of its intention so to do and shall, upon expiration of said thirty (30) days, have the right to remove said Crossing and barricade access thereto at the cost and expense of Permittee. Said notice shall be good if served personally upon Permittee or posted upon the premises ar deposited postpaid in a United States Postal Service, address:ad to Permittee at Permittee's post office address above stated. No portion of any payments made hereunder will be refunded upon termination of this Agreement. 12. Permittee shall not assign or transfer this Agreement without first having obtained the written ;consent of Burlington. atireg BURLINGTON A F E ESTIMATE H E E Ti ■ RAILR r Description Labor LINE SEGMENT NQ. 0442 Install a 48' Grade Crossing for Emergency Vehicles for the City of Tigard OR Preliminary Engineering Construction Engineering Excavate and Place Fabric Install 48' Timber Crossing Panels 180 Ea. Camcar Screw Spikes, 5/811)(12" Replace 60 Ea. Grade 5 Cross Ties Relay 80 Track Feet 1,116, 50 Net Tons of Crushed °Rock Ballast Unload Material Material Handling Freight on Material E3Usiness Expense Equipment Rental Accounting Labor Additives 5444 %Q 3,215= 1,750 48.65 % of 130=63 ooRM t3520..t P ntdd m U:5,A: BURLINGTON NORTHERN RAILROAD' Description RF/A No. Sheet No. 2 of 2 Labor Material Contingencies 620 Total Cost 7,100 DTI S/20/91 ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. CX91 -16054 DATED June 15, 1991 LONG-TERM PRIVATE CROSSING The Permittee shall, at its own expense, obtain and maintain in force during the term of Permit No CX91- 1b054,'together with a Contractual Liability Endorsement attached thereto, under the terms of which the insuring agreements of the policy are extended to cover the liability assumed by the Permittee hereunder. The form of said Endorsement is hereto attached, marked Exhibit "B". The Permittee shall carry General Liability Insurance against claims arising out of bodily injury, illness and death and from damage to or destruction of property of others, including loss of use thereof, and including liability of Burlington, Permittee and all subcontractors, and each of them, with a minimum limits for bodily injury and property damage of ONE MILLION DOLLARS ($1,000,000) each occurrence. This policy shall be ih broad form and shall' include t ;,e following coverages; (1.) Premises and operations (2,) Independent Contractors 3. Contractual liability - Exhibit "B" (4.) Products and completed operations (5.) Bodily injury to include personal injury (6.) Broad form property damage Burlington Northern Railroad Company shall not be a named insured unde,' such policy(s). Such policy or certificate with respect thereto, together with said Con- tractual Liability Endorsement attached thereto, shall be submitted to the Burlington for approval as to the insurance company writing same, the amount and the form, and, upon approval and prior to commencement of any work to be per- formed under this agreement, the Permittee shall deposit the Certificate of Insurance with CX91- 16054, Permit Number shown in 'Description of 'Operation' on said Certificate of Insurance, with the Burlington. It is understood and agreed that the Permittee's policy is primary and not contributory and releases Burlington as to payments of any earned premium. The insurance certificate provided by Permittee must be satisfactory to Burlington as to insurance covering cancellation clause ` 7ng the risk and must bear a cancel1a Burlingto providing that such insurance may not be cancelled, amended, or allowed to lapn. until the expiration of at least (30) days advance written notice to Crossing shall not be constructed until Permittee furnishes to Burlington for approval, the original Certificate of Insurance, certified copy of policy(s), or other satisfactory evidence that all � e insurance which Permittee is, obliged to furnish under the foregoing provisions has been obtained and is being maintained. Nothwithstanding the foregoing provisions of this Addendum, Permittee CITY or TIGARD shall be permitted to self - insure all or any portion of the risks hereinabove and in Exhibit "B" required to be insured, in accordance with Permittee's corporate risk management and loss retention practices as in effect from time to time, and in the absence of Permittee furnishing any policy or certificate of insurance and contractual liability endorsement herein required all such risks required to be so insured by Permittee shall be regarded as self - insured by Permittee, Prnr�ttee Risk Manager Date Questions or clarification of insurance requirrdments may be directed to t Risk Management Ana J, Burlington Northern railroad Company 777 Main Ft, Worth, TX 76102 Phone; 1- 817 -878 -2374 FAX 817 -870 -2377' All renewal certificates are to be mailed and/or FAX'd to the: above address, 13. This Agreement shall inure to the benefit of and be binding 'Trion the Parties hereto and their respective executors, administrators, successor's and 14. Nothing herein contained shall imply or import a covenant on the pmt of Burlington for quiet enjoyment. IN WITNESS WHEREOF,, the parties hereto have executed this agreement the day and year first above written~ (Witness) BURLINGTON NORTHERN RAILROAD COMPANY` By Title DIVISION ENGINEER CITY OF TIGARD By Title 'r FOR EXECUTION BY INSURANCE AGENT AND /OR COMPANY EXHIBIT 'Bir CONTRACTUAL LIABILITY ENDORSEMENT LONG TERM Private Crossing CX91 -16054 In consideration of an additional deposit premium of the (optionaT) insuring agreements of the policy to which this Contractual Liability Endorse- ment is attached are hereby extended to cover the liability for bodily injuries, including resulting death ant damage to property, which liability the insured has assumed by virtue of the following wording contained in an agreement entered into between the insured and Burlington Northern Railroad Company numbered CX91- 16054 and dated June 15, 1991 Permittee shall and hereby does release and discharge Burlington of and from any and all liability for damage to or destruction of the sai,. Crossing, or any property of Peimittee thereon, and Permittee shall and hereby does assume any and all liability for injury to or death of persons, or loss of or damage to property in any manner arising from or during the construction, use, maintenance, repair or removal of said Crossing, however such injury, death, Toss, damage or destruction aforesaid may occur or be caused, and Permittee shall and hereby does indemnify and save harmless Burlington from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appLar and defend in the name of Burlington any suits or actions at law brought against it rc-count of any such personal injuries, death or damage to property, and to ' ;,/ and satisfy any final judgment that may be rendered against the Burlington in any such suit or action. THE LIABILITY ASSUMED BY PERMITTEE SHALL NOT BE AFFECTED BY THE FACT, I F IT IS A FACT, THAT THE LOSS, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE. This Endorsement is issued subject to all agreements, exclusions, condi- tions, declarations and other terms contained in the policy, except as modified by this Endorsement. Ten days' written notice shall be given to Durlington Northern Railroad Company addressed to the General Manager, 2000 First Interstate Center, Seattle, Washington, 98104- 1105, of any cancellation of Policy No if canceled at any time prior to the expiration date of the stated policy period; This Endorsement forms a part of Policy Noy issued to the by the is effective Time. Countersigned Duly Authorized Agent 19, and Standard President Questions cr clarification of insurance requirements may be directed tot Risk Management Analyst Burlington Northern Rail road Company 777 Main Ft. Worth, TX 76102 Phone: 1- 817 -878 -2574 FAX 817.878 -2577 Burlington requires an Insurance Company recognize the indemnity that their insured has assumed in executing the enclosed Permit Agreement. For this reason the Permit Agreement should he viewed by your Insurance Agent. All renewal Certificates are to be mailed and /or FAX'd to the above address. TO:� /, L'L ?'ins t,Ax - 34) t16 t+Ax.#: & 72 _; PIabN r: a;Cn. 1 Vl71 bAr 6 /2d/ 'fI M NO PAGES iNULUCIING THIS PAGE • No. CX91-16054 PRIVATE ROADWAY AND CROSSING AGREEMENT Transfer: CX86 -17005 (right of access only) dated 02 /03 /86- MERCER AGREEMENT made this 15th day of JUNE, 1991, between BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called ''Burlington ", whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, WA 98104 -1105, and CITY OF TIGARD, whose post office address is 13123 S. W. Hall Blvd:, Tigard, OR 97223, hereinafter called "Permittee", WITNESSETH WHEREAS, Permittee desires for Permittee's use the construction and main- tenance ,upun the right -of -way of Burlington of a new Emergency access private 8' Timber panel crossing controlled by a gate actuated by the T')ALATIN FIRE DISTRICT, hereinafter sometimes referred to as a "Crossing', located at Survey Station 703 +15 Mile ost 33.74, Line Segment 442 at or near TIGARD, County of Washington, Oregon, and Burlington agrees to the construction and maintenance thereof and the use thereof by Permittee upon the following terms and conditions: 1. Permittee shall, at its own cost and expense, do al' required grading and maintenance of the roadway approaches and furnish, inc 1, and maintain necessary drainage facilities. Permittee shall at its own cost and expense, obtain and furnish to Burlington a f1icy of Public Liability and Property Damage Insurance as set out in Addendum attached hereto and made a part hereof. Burlington shall, at the cost and expense of Permitter construct new Crossing: Burlington shall maintain said Crossing at Permittee' s cost and expense: Burlington reserves the right at any time to use said road crossing in common with Permittee Should a lock be installed ;:o gate b the Tualatin Fire , City ; g FdPer ._. s' Waverly y, or oc. D7strict Cat of T� ar , 7ttee agrees to surren er sai`Tke combination, to Burlington s Roadmaster Office located at 725 _N. E., Albahy, OR 97321, immediately after said lock is installed, 2. Permittee shall, upon execution hereof, pay to Burlington for the license and permission hereby granted the suni of ONE HUNDRED DOLLARS, ($100.00) for the five-year period commencing as of the date first hereinabove written, Permittee hereby charge as may be i n effect from time to. time for periods subsequent toy ss ch g r pay Burlington's standard license and perm such.... initial five -year period: 3: Permittee shall, before any construction is begun, also pay to Burlington the sum of EIGHTEEN THOUSAND THREE HUNDRED DOLLARS, ($18,300.00) the agreed cost of the work and materials to be furnished by Burlington at the expense of Permittee, including cost of removal of said Crossing: Either party hereto may assign any, receivables due them under this Agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this agreement: Permittee shall also pay to Burlington the cost of the maintenance, additions, and betterments performed by Burlington from time to time herein agreed to be borne by Permittee, "within twenty (20) days zifter bills are rendered therefor: described, Permittee shall allcostruct* maihtain, and keep at keep repaiiredat the location 4tl Should Permittee's expense, farm crossing gates in a manner satisfactory to Burl 'ngton's General Manager,, and said gates shall be kept closed, e,xeept when necessary to be open for travel, Permittee agrees to assume all damages of every kind whatsoever al resulting from Permittee's failure to keep gates closed, or for failure to keep the same in proper repair, as agreed in this paragraph. 5. Permittee shall at all times keep the flangeways of said Crossing free and clear of all snow, dirt or any other obstructions whatsoever which may accumulate by virtue of vehicles or farm machinery crossing thereover or other- wise. 6, Permittee shall not permit said Crossing to be used as a public' Crossing nor shall Permittee authorize others to use said Crossing without Railroad's written consent. Provided, however, written consent shall not be required for occasional guests of Permittee. Permittee further agrees that upon the lease, sale, devise or conveyance of the property being served by this Crossing that the Permittee shall notify Burlington of such lease, sale, devise or conveyance and shall require that the lessee, grantee, receiver or purchaser make application for a private Crossing with Burlington. 7. Permittee, at Permittee's own expense, shall remove and keep removed any vegetation at said Crossing which may interfere with the view of trains approaching in either direction 8. The permission hereby granted shall neither be or be deemed or con - srue, kr Font of land, nor shall it constitute ownership by Permittee of th, ' ion " of the right -of -way of Burlington upon which the Grob . , It is also specifically understood by Permittee that cables electric. and /or fiber optic transmission lines may be on, about, along, or under Burlington's property and Permittee agrees and warrants that under NO CIRCUMSTANCES will Permittee dig in or disturb the surface of Burlington's property. 9 Permittee shall and hereby does release and discharge Burlington of and from any and all liability' for damage to or destruction of the said Crossing, or any property of Permittee thereon, and Permittee shall and hereby does assume any and all liability for injury to or death of persons, and loss of or damage to property in any manner arising from or during the construction, use, maintenance, repair or removal of said Crossing, however such injury, death, loss, damage or destruction aforesaid may occur or be caused, and Permittee shall and hereby does indemnify and save harmless Burlington from any and all claims, demands, suits, actions, damage,, recoveries, judgments, or expenses arising or growing out of or in connection with any such injury, death, loss, damage or destruction estruction aforesaid. Permittee further agrees to appear and defend in the name of Burlington any suits or actions at law brought against it on account of any such personal injuries or death, and loss of or damage to property, and to pay and satisfy any final judgment that may be rendered against Burlington in any such suit or action. THE LIABILITY ASSUMED BY PERMITTEE SHALL NOT BE AFFECTED BY THE FACT, IF it IS A FACT, THAT THE LOSS, DAMAGE, DEATH; OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE. 10, It is agreed that the provisions of paragraph 9 are for the equal protection of any other railroad company or companies, including National Railroad Passenger Corporation (Amtrak); heretofore or hereafter granted the joint use of Burlington's property, of which said premises are a part. 11. In the event Burlington shall require the use of its premises occupied by the said Crossing or any part whatsoever, or if art thereof for any purpose Permittee shall fail to keep and i.tePf to be yke of � the and teerfortnedCOBurlington fshal l Agreement herein agreed by Perm - P performed, the right to terminate this Agreement at any time upon giving to Permittee thirty (30) days' written notice of its intention so to do and shall, upon expiration of said thirty (30) days, have the right to remove said Crossing and barricade access thereto at the cost and expense of Permittee, Said notice shall be good if served personally upon Permittee or posted upon the premises or deposited postpaid in a United States Postal Service, addressed to Permittee at Permittee's post office address above stated. No portion of any payments made hereunder will be refunded upon termination of this Agreement: 12. Permittee shall not assign or transfer this Agreement without first having obtained the written consent of Burlington. NM C n� T BURLINGTON AFE EST'I tl1A E SHEE 1 RAILROAD Description LINE SEGMENT NO 0442 Install a 48' Grade Crossing for Emergency Vehicles for the City of Tigard, OR Preliminary Engineering Construction Engineering Excavate and Place Fabric Install 48' Timber Crossing Panels 180 Ea, Camcar Screw Spikes 5/8 "X12' Replace 60 Ea: Grade 5 Cross Ties Relay 80 Track Feet 160 L F 115`/` CWF2 Surface ;Track 50 Net Tons of Crushed Rock Ballast Unload Material Work Train Service Material Handling Freight on Material Business Expense Equipment Rental Accounting Labor Additives 71,76 % of 600=431 53.09% of 190=101 5444% of 3,215=1,750 Mgr, BURLINGTON A F E ESTIMATE SWEET 'au= Liability Insurance Salvage Credit 18,300 oq ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO CX91- 16054 DATED June 15, 1991 LONG -TERM PRIVATE CROSSING The Permittee shall, at its own expense, obtain and maintain in force during the term of Permit No CX91- 16054, together with a Contractual Liability Endorsement attached thereto, under the terms of which the insuring agreements of the policy are extended to cover the liability assumed by the Permittee hereunder. The form of said Endorsement is hereto attached, marked Exhibit "B The Permittee shall carry General Liability Insurance against claims arising out of bodily injury, illness and death and from damage to or destruction of property of others, including loss of use thereof, and including liability of Burlington, Permittee and all subcontractors, and each of them, with a minimum limits for bodily injury and property damage of ONE MILLION DOLLARS ($1,000000) each occurrence. This policy shall be in broad form and shall include the following coverages: (1) Premises and operations (2.) Independent Contractors (3.) Contractual liability - Exhibit "B" (4.) Products and completed operations (5.) Bodily injury to include personal injury (6.) Broad form property damage Burlington Northern Railroad Company shall not be a named insured under such policy(s) Such policy or certificate with respect thereto, together with said Con- tractual thereto, hesubM fitted to the tractual Liability Endorsemer. attached the the amount and Burlington for approval as to the insurance company same, the form: and, upon approval and prior to commencement of any work to be per- formed under his agreement, the Permittee shall deposit the Certificate of Ifisuran ce with 0X91 - 16054, Permit Number shown in 'Description of Operation' on said Certificate of Insurance, with the Burlington: It is understood and agreed that the Permittee 's policy is primary and not contributory and releases Burlington as to payments of any earned premium. The insurance certificate provided by Permittee must be satisfactory to Burlington as to insurance carriers covering the risk and must bear a cancellation clause providing that such insurance may not be cancelled, amended, or allowed to lapse until the expiration of at least (30) days advance written notice to Burlington. Crossing shall not be constructed until Permittee furnishes to Burlington for approval, the original Certificate of Insurance, certified copy of po_licy(s), or other satisfactory evidence that all the insurance which Permittee is obliged' to furnish under the foregoing provisions has been obtained and is being maintained, Nothwithstanding the foregoing provisions of this Addendum, Permittee CITY OF 1`IGARD shall be permitted to self - insure all or any portion of the risks hereihabove' and in Exhibit "B" required to be insured, in accordance with Permittee's' corporate risk management and loss retention practices as in effect from time to time, and in the absence of Permittee furnishing any policy or cnrtifi ate of insurance and contractual liability endorsement herein required all such risks required to be so insured by Permittee shall be regarded as self - insured by Permittee, Permittee's Risk Manager Date Questions or clarification of kinsurancenrequi requirements may be directed tot Burlington Northern Railroad Company 777 Main 'Et. Worth, TX 76102 Phone: 1- 817.878 -2374 FAX 817 - 878 -2377 All renewal certificates are to be mailed and /or FAX'd to the above address; 13. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, successors and assigns. 14. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment. IN WITNESS WHEREOF, the parties: hereto have executed this agreement the day and Year first above written. BURLINGTON NORTHERN RAILROAD COMPANY (Witness) (Witness) `# x,. 4004# CflY of TIGARD OREGON June 7 , 1991 Bob Luckey, Permit Department Burlington Northern Railroad 2000 First Interstate Center 999 Third Avenue Seattle, WA 98104-1105 Re: File: 7026 Tigard This letter is to advise you that the City of Tigard approves the estimates of $18,3009 as described on your AVE Estimate Sheet "DTJ 5/20/91" for the 48 foot private crossing of Burlington's right-of- Upon way. our understanding that Upon your receipt of this approval, - zt �.s the standard formal ,permit Will be prepared to reflect a .,.er/reissuance of 6- 170015, and your field Personnel will schedu. o CX8 transfer/reissuance installation,, We also understand that payment will g the actually to the not be requested until �.he permit is a.ctuall f+�r�arded t City. S, l m. sere. Edward urphy Comm nit Development Director br /gur l ington c: Richard Buono, PacTrust d: Randy Wooley, city Engineer 13125 Nall Blvd PA Bb 23397, i drd, Otcgon 97223 O3) 639 -4111 • 1�....,Mw,.a.sk ik P ACT.,�,u 15115 SW Sequoia Pkwy„ Suite 200 � a�"r Portland, Oregon 97224 Pacific Realty Associates, L. P 503/624 -6300 Facsimile; 503/624 -7755 May 31, 1991 icl�iem.: rwva.awwew,.,�..«,«,w.:l.�...a� �•:S: E.1 Mr. Ed Murphy Director of Community Development City of Tigard P.O. Box 23397 Tigard, OR 97223 Dear Ed: Re:__May 21, 1991 . Letter from Bob Luckey - `Burlington Northern'Railroad You received a copy of Bob Luckey's letter addressed to me dated May 21, 1991 asking for approval of a total of $18,300 of estimated costs for installing a 48 -foot private road crossing from S.W. 74th to our new buildings. This is the estimate for the emergency vehicle crossing that you and I have discussed in the past'and which is the subject of your May 1, 1991 application for private crossing, Please be advised that PacTrust approves the estimate. We are willing to provide the funds to the City of Tigard to pay for the crossing. Based on this letter you are free to notify the railroad of your approval of the • letter. costs as requested by Mr. Luckey in his y q s Ma 21 If you have any questions,: please 1 et me know. Sincerely,, cc: Peter E. Bechen Kenneth E. Crimes' Leon M. Hartvickson Wiitala Management, Inc. Kr IC R _ V £ JSOC ATES, L: P. ar . Buono Vice President 'r• l BURLINGTON NORTHERN RAILROAD PACIFIC DIVISION Permit Department Robert E. Luckey 2000 First Interstate Center 999'Third Avenue Seattle, Washington 98104 -1105 Phone 206.467.3289 PACTRUST May 21, 1991 1511 S. W. Sequoia Parkway Suite 200 Portland, OR 97224' Attention: Mr. Richard P. Buono, V.P. We ' are writing in reference; to exchange of correspondence with reference ^ ent1CX90.160 - 09/14/90, and the City cf to unexecuted Permit A reem 79` dated' 09/1 g Tigard and the Tualatin Fire District's application dated May 1, 1991 requesting Burlington approve the' installatiom'of a 48 -foot private road crossing of Burlington's Right -of -Way, (and roadway), Burl i n forces, to serve your real property'; at TIGARD, OR., currently covered by Permit Agreement CX86 -17005 dated February 3, 1986 - MERCER, which was to be transferred and reissued to CX90 -16079 shown above, and are enclosing, in duplicate, estimate of costs for approval as you requested in our phone conversation today. Please review these costs and if you approve, advise the undersigned at the above address. Also kindly refer to file number shown below when corresponding about this matter, until concluded. After we receive approval of this estimate from applicant 'CITY OF TIGARD', the standard formal permit *till then be prepared to reflect a transfer/reissuance of CX86• -17005 accordingly, and Field personnel will be requested to schedule this installation in connection with this Estimate of Cost'. We do not request payment until the permit is sent to applicant for review and signature. � about the attached the 'CITY OF TIGARD' have any questions t� ons aba Should au, or .... reviewing _ 9 Estimate of Costs', please contact the reviewin Assistant Engineer, er, Mr. e D. Schumacher at PHONE: 206 - 467,3311, Seattle, WA. Sincerely3 Bob Luckey Permit Department Att. Fi 1 e: 7026 Ti agard *" cc: CITY OF TIGARD 13125 S. w. Hall Blvd, Tigard, OR 97223 e a. li cati Ma 1 on dated Attn: �r � Ed Murphy Reference Red' r pp J! 1991. � CALL [3E�LORE YOU DIG 1- 800 -533 -2891 a 1991 BURLINGTON, A F E ESTIMATE SHEET RAILROAD LINE SEGMENT NO. 0442 Instal a 48' Grade Crossing for Emergency Vehicles for'the City of Tigard, OR Preliminary Engineering Excavate and Place Fabric Install 48' Timber Crossing Panels 180 Ea, Camcar Screw Spikes 5/8"X12" Peoiace 60 Ea, Grade 5 Cross Ties Relay 80 Track Feet 160 -L F 115# CWR Surface Track 50 Net Tons of Crushed Rock Ballast Unload Material Work Train Service Material Handling Freight on Material Business Expense Equipment Rental Accounting Labor Additives 7136 %0 of 600 =431 850 135 IMIIIIIUIIIIMINII 467 111111.111111Mill IN=1,145 IIIIIMIIIIIII MOM 1,717 190 53,05 %0 of 190 =101 NM 54,44 % of 3,215 1,750 M 48,65% of 1:30 = 63 F0104159204 d.(If Description Labor Material Total Liability Insurance Salvage Credit Contingencies ' BURLINGTON AFE ESTIMATE S H E ETA RAILaOAD Description Labor LINE SEGMENT NO. 0442 Install a 48' Grade Crossing for Emergency Vehicles for the City of Tigard, OR Preliminary Engineering Construction Engineering Excavate and Place Fabric Install 48' Timber Crossing Panels 180 Ea. Carncar Screw Spikes 5/8''X12" Replace 60 Ea. Grade 5 Cross Ties Relay 80 Track Feet 160LF115 #CWR Surface Track` 50 Net Tons of Crushed Rock Ballast Unload Material Work Train Service Material Handling Freight on Material Business "Expense Equipment Rental. 1,080 320 Z345 71,76% of 600 =431 53,09% of 190 =101 54,44% of 3,215=1,750 48,65% of 130=6 eURLINOTON E Limb. RAILROAD Lability Insurance Salvage Credit 11;200 Phhtad u, ; a =IK I)" F4f3Lc.TRLJB'T' 15115 S,W. Sequoia Pkwy,,, Suite 200 Portland, Oregon 97224 Pacific Realty Associates, L. P 503/624 -6300 • Facsimile: 503/624-7755 March 27, 1991 BY AIRBORNE EXPRESS Dwight R. Schumacher Engineering Assistant Burlington Northern Railroad 2000 First Interstate Center 999 Third Avenue Seattle, WA 98104-1105 Dear Mr. Schumacher: RP: File 7026 Tigard t CX86017005 RECEIVED r, #°w 2 8 199i COMMUNITY DEVEL PME T On March 11, 1991, I wrote to you regarding my conversation with Mr. Bob Lackey of your Permit Department. My understanding from you on February 27, 1991, had been that Mr. Luckey had the paperwork for the crossing permit you and I have discussed and would be forwarding it to the City of Tigard. Mr. Luckey indicated that he had some issues that must be dealt with by you or your department before he could finalize any paperwork. 1 am enclosing a coy of my March 11, 1991 letter p Y 9 as it includes the name, address and phone number of the individuals at the City of Tigard who are . involved i n this permit process. Please let me know what we can do to assist in expediting this process. The City ,'of Tigard and the Tualatin Fire District, which is the fire district .serving the Tigard fire and life safety needs, are very desirous of completing the Permit process and establishing a time line for installation of the crossing they are requiring that we obtain for them. Our buildings are' complete 'and in the process of being tenanted and the y c`� t and fire district are very concerned that this process moves forward. Please let me know what our next step should be. Sincerely PACIF C RE AS'S'OCIATES r Encl. cc: Peter F. Bechen Loreen Edin Leon M. Hartvickson Ed Murphy Richard P. Buono Vice President • P j& 15UT 115 SW Sequoia Pkwy,. Suite 200 C TPortland, Oregon 97224 Pacific Realty Associates, L.. P 503/924 -6300. Facsimile; 503 /624 -7755 March 11, 1991 Dwight R. Schur* her Engineering Asstant Burlington Northern Railroad 2000 First Interstate Center 999 Third Avenue Seattle, WA 98104-1105 Dear Mr. Schumacher: Re: File 7026 Ti gard - CX90- 7.6079 ,(epl aci ng, Permit CX86017005 I just talked to Mr. Bob Lucke y of your Permit Department who indicated that he has returned the file on the requested Tigard crossing fo vehicle traffic to you for further engineering consideration. You had mentioned in a message you left for me on February 27 that Mr. Luckey has the paperwork and is forwarding it to the City. Apparently Mr Luckey has some c ncerns that involve your input before he is in position to deal with the City of Tigard. The person at the City of Tigard with whom the railroad should be dealing on this issue is Mr Ed Murphy, Director of Community Development He will be working on this matter with his planning staff and with Loreen Edin, the city's risk manager. Mr. Murphy's address is City of Tigard, Oregon, Community Deve A opme?t Department, 13125 S.W. Hall Boulevard, P.O. Box 23397, Tigard, Oregon 97223. The phone number for the City of Tigard is (503) 639-4171. I mentioned to Mr. Luckey that the City wished to ;rave PacTrust involved in the process in terms of coordinating the paperwork and preparing any applications that might be needed as they wish to minimize the amount 6f project. . i - recognize, as I undo dnd time. their staff spends on the They rec rat it, the crossing runs from a city right-of-way (S.W, 74th Avenue) across ayour right-of-way to a 30 -foot wide road right-of-way controlled b.: 9 � y the City, whic right -o-way has never been improved with a street. Our property abuts the 30 -foot unbuil t road right -of -way Mr: Murphy receive co1 of any forms other paperwork theailroadmghtr� � u�rewt regard crossing I need , to receive copies of what is sent to Mr; Murphy: Mr, Luckey indicates that an estimate of cost to install the crossing must be prepared by your office. He also indicates that he needs some guidance` as to whether a brand new application must be filed. ■ As we have mentioned before, the crossing is for emergency access controlled by a gate actuated only by the fire re department. No other purpose exists for the crossing and no other use will be allowed. PacTrust and the City look forward to receiving any additional requirements you might levy with regard, to this crossing so as to expedite this matter. Please let me know if you have any questions. Sincerely, t PACIFIC RE .ASSOCIATES, cc: Peter E. Bechen ''e'n Edin Lon M. ` Hartvickson Ed Murphy I i 41 FROM: IT NOTE TO . THE FILE T ' ``ray' FILE : 0 DATE o ' er? e VAT op -r roc o� �=. r5 k.Jow� OP 12-9R .Li,g31=2_,LeSAIL- e ,:.,,ice ... 0 DEPARTMENT OF JUSTICE 100 STATE OFFICE BUILDING SALEM. OREGON 97310 TELEPHONE: I !303) 318.6368 No. 7060 This opinion 1 is issued in response to a question submitted by Mr. Richard W. Sabin, Public Utility Commissioner of the State of Oregon. QUESTION 7N PR.ESENTED Define "Private grade crossing" as used in Oregon Laws 1973, ch 615 S10.'"".. A private grade crossing exists in those instances where the road intersecting the railroad tracks is not open to and used by the public. DISCUSSION Oregon Laws 1973, Ch 615 'amends and sup ppe �.meAts •0RS ch X73 which defines the Coiwnissioner' S e istin r' gt �rx isd�wetioan �a.th respect to the protect m n tif t he public at railroad grade ar4s- g a mendments 'under consider at on here sari s . Prior. to the �. 97 3 the'Comrnissionex was authors zed to order the installation of appropriate warning signs , stop signs and ghts , gates , signals. or of he,r devices for the prote tion of the publ .c at crossin', "s at grade cif railroad tracks anc "highways." See ORS ` 63.020, 1^ ua n14.�,u.4 17'63.030 and 763.170. The term "highway" is def LLed in ORS 763.010(1) as follows: "'Highway' includes all roads, streets, alleys, avenues, boulevards, Parkways and other places in this state actually open and in use, or to be opened and used for travel by the Public." By virtue of that definition, the Commissioner's jurisdiction, prior to 1973, reached only as public use crossings. Oregon Laws 1973, ch 615 §10 requires railroads to install one or more stop signs at every farm or private grade crossing where automatic protective devices are not installed. It also empowers the Public Utility Commissioner to prescribe the number, t yp e and location of such stop signs, and to exempt specific private or farm crossings from mandatory stop sign installation in order to avoid the creation of hazards. The authority granted the Public Utility Commissioner by Oregon Laws 1973, ch '615, 'is obviously not intended to duplicate the Commissioner's alreadY existing author ity inORS ch 763, but rather is intended to extend that authorit . The le is'lature y � did not provide a statutory basis for distinguishing between "public': use crossings of ORS chapter 763 and the ` "p ate" r �.v crossings of Oregon Laws 1973 'oh 615 §10. The meaning of private crossings must therefore be derived from surrounding statutory s � f which Ore on Laws 1 97 3 , ch . 5 g 10 will become a :pant. C tierce o h 6l m'rivate`` is the converse of ''public " PriV.xte crossings are therefore appropriately defined 'as crossings! between railroad tracks and those "roads, streets, alleys, avenues, boulevards, parkways' and other places'' which are not open to and in use by the public or to be opened and used by the public, In other l 950' ef. cis',; the determinat � ,. of the status of a cross L,,� as public or private wryll turn in each case upon a actual determination of the availabilLty of the crossing `for ,public use and its use in fact by the public. Because a unique factual, determination is required in each case, it is difficult to categorize with Precision various possible types of private crossings. sn general, , however, it would seem that crossings to major industrial facilities shopping centers, residential areas and railroad , p' in g stations would be both open to she ublic and in fact used b p by the public, and therefore subject to regulation under the existing provisions of ORS ch 673. Crossings marked " private" , etc.-or protected by` a. gate` on the other `'hand, would not appear to meet the requirement of "open to the public ". Such crossings would therefore be regulated private crossings ' new ]aw The fact that a crossing as rvate crossa.n s under �h e is Covered by a so- called ''private crossing agreement" does not' establish status as either private or public. Factors relating to actual use would have to e developed in ach Particular case. 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Updated- -- JO 06/19/91 JO 06/19/91 VRG JE / / 06/28/90 ,T.P JH / / 06/28/90 RP BR 07/12/90 BCR 07/12/': D BCR Bit 07/12/90 BCR 07/12/90, 'BCR BR 07/12/90 BCR 07/12/90 BCR JO / / 06/289/i RP JO / / 06/28/90 RP aaAaa aaa,aaadaaaaaa:a gaaaa . 3aaaaaaaaaaf. a. a. ae. aaaaaaaaaa .aaaAaa,aaaaaaaaaaaaaaaaaaaaa 0 ° ° 0 VIEW N' D 'INSERT BEFORE CHANGE DELETE RENUMBER PRINT BSC View text of highlighted condition OSITE DEVELOPMENT REVIEWaaaaAaAA a aa4 aaar a6646aaaaaaaaadaaaAAAaaa aaaa d aafi a aaAo .• SDR90 -0010. PROJECT :PACTRUST /MACKLNZIE STATUS :P U.PD :05/24/90e :B °' APPLICANT:MACKENZIE / SAITO & ASSOC. PRIM..:SDR9O- 0010: o SITE ADDRESS:14980 SW 74TH AV Ogfiaaaaaa, AA aaaaaaa. aaaaaaAaa .a.AaaaAaaaaaaaaaaiaaaaaA' t - / .:. aaAaaaa .A�aaaaaaAaaaaaaaa5.aaa0 CONDITIONS 0 o #-.-- Code Title 1) 0001 01 EMERGENCY ACCESS 2) 0001 STREET OPENING PERMIT • 3) 0001 JOINT USE MAINT. AGREEMENT ° 4) 0001 ROOF- PAVEMENT RAIN DRAINAGE • 5) 0001 SANITARY SEWER CONNECTS • 6) 0001 EROSION CONTROL PLAN • 7) 0001 LANDSCAPE ACCORDING TO S • 8) 0001 BIKE RACKS Stat Date -.-- -- By- Updated - - - -- JO 06/19/91 JO 06/19/91 VRG JH / / 06/28/90 RP JH / / 06/28/90 RP BR 07/12/90 HCR 07/12/90 BCR BR 07/12/90 BCR 07/12/90 BCR BR 07/12/90 BCR 07/12/90 BCR ITE PLAN JO / / 06/28/90 RP JO / /, 06/28/90 RP ° 0 a. aAaaaaa AaaAaaaaa.AaaaAaAAAaAaaaaaaaaa h. aaAaA AaA Aaaaaaiaaaa .aaaAa6,Aaaaaa6.aaaAa,aaal P,!c3:/rac /42J2 -nip+ le- A'TPDRNEYS AT LAW BALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE: (503) 222-4402 FAX (503) 243- 2944.; DATE: overdo 7, 1990 TO: Keithden FROM RE: acTrust Realty, Inc I A Burlington Northern Crossing ng Agreement You have asked ; M conditions of approval on the xocTrus1;, asked me to review the C proposed bar Burlington well Roadway Crossing Agreement ThE site plan for Phase III of Oregon Business Park indicates that the applicant Will pursue an emergency crossing of the Burlington Northern Tra dks betpeen S.W. 74th A venue and the buil dings. The conditiOm. o f approval re qu ired the applicant to provide evidence that it had sought permission from Burlington Northern to construct the permission, access. Burlington Northern has granted such mi p i, px the proposed a' esumab� � conditioned on the applicant's consent to p p agreement. In general, g provides �` . , p , , � r vai11 econstru � th.c cx`o�e�.n and the that. PacT rust as ermlttee crossing then niaintai.n public liability and ro ert damage insurance at its expense. ,p ,Y damage insurance en��, e � n ain the crossing after it is built, Burlington agrees to parmz.ttec � s expense. The proposed Gros but else at the p, p s �.ng �rould have a control gate that could only be activated by the fire department. the proposed p p agreement contains an onerous indemnity clause in favor _.. � . v Paragraph 9 of t c r of Burlington. The clause provides that the the e�-mi eeh will be liable faa. any ' claims, even if they result from indemnity tgence of ;'Burl.ii7,t��k.,i�r1 efiplr�yee;� ar agents. Since the does not specifically include claims arising out of to fl Memo re: PacTrust Realty, Inc. Burlington Northern Crossing Agreement November 7, 1990 Page ,2 reckless or criminal conduct of Burlington employees or agents, it could be argued that such claims would be beyond the scope of the indemnity. It would, be preferable to have an express accept.,on. However, if the City or PacTrust raised the issue with Burlington, Burlington may rapt to include such events, rather than exclude them PacTrust has requested that the City consider substituting itself as the permittee, in place of PacTrUst. The basis for the request is that the access will only be used by city vehicles in an emergency, the city has the benefit of the statutory ceiling on liability for personal injury claims and the condition of approval did not expressly require PacTrust to obtain the access, only to seek the railroad's permission. Arguably, PacTrust has met the . condition 'by seeking and obtaining Burglington's approval. It is now for the City to decide whether it is reasonable for PacTrust to comply with the ,railroad's conditions as outlined in the proposed agreement. One alternative would be to suggest that PacTrust go back to the railroad and attempt to negotiate a less i onerous indemnity clause. If PacTrust is not successful and still balks at signing the agreement as written, then the City needs to decade whether the benefits of the emergency access outweigh the risk to the City of signing as the permittee. Please give me a call if you have any questions or want us to take further, action in, negotiating this agreement. cc: Patrick Reilly ✓ Tigard - Community Development File C ) • PACTR UST 15115 SW Sequoia Pkwy., Suite 200 Portland, Oregon 97224 Pacific Realty Associates, L. P 503/624 -6300 Facsimile: 503/624 -7755 March 11, 1991 Dwight R. Schumacher Engineering Assistant Burlington Northern Railroad 2000 First Interstate Center 999 Third Avenue Seattle, WA 98104.1105 Dear Mr Schumacher: RECEIVED PLANNING MAR .t3 iq Re: File 7026 Ti g,ard - CL490 -16079 ( Real aci nq Permit CX8601700 1 just talked to Mr. Bob Luckey of your Permit Department who indicated' that requested Tigard crossing for Lhat he has returned the file on the emergency vehicle traffic to you for' further engineering consideration. You had mentioned in a message you left for me on February 27 that Mr. Luckey has the paperwork and is forwarding it to the City.' Apparently Luckey has some concerns that involve your input before he is in a position to deal with the City of Tigard. Mri The person at the City of Tiigard with whom the railroad should be dealing on this issue is Mr. Ed Murphy', Director of Community Development. He g with his Planning staff teen will be working on this matter w� p g and with Loreen city's ri sk manager. Mr. Murphy's address is: City of Tigard, Org Oregon, Community Development De artment 13125 S.W. Hall Boulevard, P.O. Box 23397., Tigard, Oregon 97223. The phone number for the City of Tigard is (503) 639-4171. mentioned to Mr. Luckey that the City wished to have PacTrust involved in the process in terms of coordinating the paperwork and preparing' any applications that might be needed as they wish to minimize the amount of time their staff spends on the project. They recognize, as 1 Understand it, that the crossing runs from a city right -of -way (S.W: 74th Avenue) across your right-of -way to a 30 -foot wide road right -of -way controlled by the City, which right -of -way has never been improved with a street. Our property abuts the 30 -foot unbuilt road right-of-way. Mr. Murphy needs to receive copies of any application forms or other paperwork the railroad might require with regard to this crossing'.'I to receive copies of what is seht to Mr. Murphy: Mr. � � y . _ .,y indicates that an estimate cost to install the crossing Oust be prepared b our office. He also indicates that he needs some uidance p p :� Y. g as to whether a brand new application must" be filed. deed' Mr. Dwight R. Schumacher Page 2 March 11, 1991 As we have mentioned before, the crossing is for emergency access controlled by a gate actuated only by the fire department. No other purpose exists for the crossing and no other use will be allowed. PacTrust and the City look forward to receiving any additional requirements you might levy with regard to this crossing so as to expedite this matter. Please let me know if you have any questions. Sincerely, IFIC R, gY- `ASSOCIATES, L.P. cc: Peter F. Bechen Loreen Edin Leon M. Hartvickson Rchard V P. Buono Vice President �«.;;,aF'..a.S.w ,4 _ .!,1....;i.iw ..,. rA • «..— :;sr.,.,e �., — ,«.aluM....�- FROM: - iT 4 RE: NOTE TO THE FILE FILE: I� DATE: 2 Too Q. M►'. 1 Lc -r AA`al A -r 20_..,�1.� a i .. : "....;r= 644. 42 1 "'l4 -r(12 —' y 6J L _ Iwo Oi d c.,.sL, a.N. -:.'A: FcEiLjs,h 15115 S.W. Sequoia pkwy., Suite 200 Portland, Oregon 97224 Pacific Realty Associates, L. P 503/524-6300 Facsimile: 503/624 -7755 December 20, 1990 41.4401+Jtaij ; •r r ULU 24 1990 Robert E. Luckey, Permit Specialist Pacific Division Permit Deft. Burlington Northern Railroad 2000 First Interstate Center 999 Third Ave. Seattle, WA 810 W 9 - 4 y 98104-1105 Dear Mr. Luckey: Re: Permit _.CX90 -16079 , cprmer CX86- :i7005.1 Your files will show that Pacific Realty Associates, L.P. (PacTrust ") applied in July, 1990 for reissuance of the former Mercer Permit CX86 -x.70 05. The use is for emergency access for fire department use and the crossing will be controlled by a gate arm. On September 7, 1990, you wrote me a letter,' a copy of which is enclosed with this letter, conveying Permit CX90- 16070. Your file number is 7026 Tigard we have reviewed the proposed Private Roadway and Crossing Agreement (the "Agreement ") with the City of Tigard and it has been decided gthat the proper p should be the City o will be restricted to emerge Tigard, Oregon, ro er ermitee for this sho of Ti egon, as the use � ncy access. This access i s required by the City of Tigard, Oregon. p p o have the Agree easiest method ers ective t merit reissued in The nameof from , � ,_ he City of Tigard, Oregon, would be for us to sir ]y assign the y p y 9 any rights PacTrust may have and have you reissue the Agreement. Please advise me as to what steps PacTrust needs to take to accomplish in an expeditious fashion the reissuance of the Agreement in the name of the City of Tigard, Oregon. If you have any questions, Please let me know. Sincerely, ACT. C R- tic 4 Peter F'j Bechen Leon M : Hartvi cksrn Keith S. Liden �1 i chard P`. Buono Vi ce Presi dent SS .. 'ATM L P, ta MEMORANDUM TO: Loreen, Radon PROM: � s : Laden J. RE: PacTrust RR Cross in DATE: 12/11/90 Following our discussion, I talked to Dick Buono from PacTrust and we agreed that he would contact Burlington Northern regarding an amendment to the crossing application so that the City would be the permittee rather than PacTrust. Assuming that problems are not b this change, he will draft an a agreement between y outline created 3 r City include the following items: PacTru�t and fiyhe Ca. G which will 1 A hold p sin protect y during the harmless ro�rx.sio�. to rote�.t the City construction of the cro g The cost of construction and maintenance of the crossing shall be the responsibility of PacTrust e Additional insurance expenses to the City during the construct' g borne by PacTru. t . �,on of the craissi�. shah. be b This agreement outline will then be reviewed by the City. Following mutual approval of the principles of the agreement, PacTrust will draft a final document for ratification. Ken Elliott Pat Reilly Dick `Buono SbR9O 10.LTR /k1 0'DO .,TELL, RA IS, CREW & G NT ATTORNEYS AT LAW BALLOW & WRIGHT BUILDING 1727 N.W. Hoyt Street Portland, Oregon 97209 TELEPHONE; (503) 222 -4402 FAX (503) 243 -2944 ...nvwyur..Y� Y�&A'i��6�i &UL8 NOV 0 9 1990 DATE: November 7, 1990 TO Keith 'Liden FROM: KME RE PacTrustM Burlington North Realty, Inc. Burling Northern Crossin g Agreement You have asked me to review the conditions of approval on the PacTrust project, as well as the Private Roadway Crossing Agreement proposed by Burlington Northern. The site plan for Phase III of Oregon Business Park indicates that the applicant will pursue an emergency crossing of the Burlington NorthernnTracks between S.W. 74th Avenue and the buildings. The that it had soapht val squired the, applicant to provide evidence g p ion from " irlingtnn Northern to construct the emergency s� Bur lington Northern has granted such permi sion, Presumably conditioned on the applicant's consent to the proposed agreement. In general, the agreement Provides that PacTrust, as permittee, will construct the crossing and then maintain public liability and property damage insurance at its expense Burlington agrees to maintain the crossing after it is built, but also at the permittee ° s expense. The 'proposed crossing would have a control gate that could only be activated by the fire department. Paragraph 9 Of the proposed .greement contains an onerous indemnity clause in favor of Burlington. The clause provides 'that the permittee will be liable for any claims, even if they result from the n egl� ling ton em lo., ees or a � ents. since the en�oe of Bu g p y' �'. . indemnity does not specifically include ei:aams ar�.sin Memo re: Pac',trust Realty, Inc. Burlington Northern Crossing Agreement November 7, 1990 Page 2 reckless or criminal. conduct of Burlington employees or agents, it could be argued that such claims would be beyond the 'scope of the indemnity. It would be preferable to have an eXpress acception. However, if the City or PacTrust raised the issue with Burlington, Burlington xiay opt to include such events, rather than etcLude them. PacTrust has requested that the City consider 'substituting itself as the ermittee in place of PacTrust. The basis for the request is that the access will only be used by city vehicles in , an emergency, the city has the benefit of the statutory ceiling on liability for personal injury claims and the condition of approval did not expressly require PacTrust to obtain the access, only to seek the railroad's permission._ Argue.y1y, PacTrust has met the condition by seeking and obtaining Burglington's approval. It is now for the City to decide whether it is reasonable for PacTrust to comply with the railroad's conditions as outlined in the proposed agreement, One alternative would be to suggest that PacTrust, go back to the railroad and attempt to negotiate a less an onerous indemnity clause. If PacTrust is not successful and still, ` g written, then the City needs to balks at signing the a regiment as written thin th decide whether the benefits of the emergency access outweigh the risk to the City of signing as the permittee. Please give me a call if you have any questions or want us ‘o take further action in negotiating this agreement cc: Patrick Reilly Tigard - Community Development Vile No. CX90- 16079, PRIVATE ROADWAY AND CROSSING AGREEMENT EXISTING CROSSING: Transfer: CX86 -17005 dated 02/03/86- MERCER AGREEMENT made this 14th day of SEPTEMBER, 1990, between BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporate n hereinafter called "Burlington ", whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, WA 98104- 1105 , and PACIFIC REALTY ASSOCIATES, a Delaware limited partnership of State investment Board, State of Washington (limited partner), Oregon Public Employees Retirement Fund (limited partner); PacTrust Realty, Inc., (general partner), whose post office; address is 111 Southwest _ 5th, Suite 2950, Portland, OR 97204, hereinafter called "Permittee ",, WITNESSETH WHEREAS, Permittee desires for Permittee's use the construction and main - tenance upon the right -of -way of Burlington of an existing private 40' plank crossing a hereinafter sometimes yat�rae� o as the "Crossing " to be used as an Emergency access contro1ledby are, Fire, Department actuation, located at Survey Station 703 +15.2 Milepost 33.74 at or near TIGARD, County of Washinjton, Oregon, and Burlington agrees to the construction and maintenance thereof and the use thereof by Permittee upon the following terms and conditions; 1. Permittee shall, at their own cost and expense, do all required grading and maintenance, of the roadway approaches, and furnish, install, and maintain necessary drainage facilities. Permittee shall at their own cost and expense,' obtain and furnish to Burlington a policy of Public Liability and Property, Damage Insurance as set out in Addendum attached hereto and made a part hereof, Burlington shall maintain said Crossing at Permittee ';s cost and expense; Burlington reserves the right at any time and is presently permitting other parties to bseaid�t road to i execute a Permit similar to Said ._. other parties 1 q p. the permit p common with Permittee ee executed by Permittee o conditions and provisions of the eelNan, ' � Permittee and said other parties, 2. Permittee shall, upon execution hereof, pay to Burlington for the license and` permission hereby granted the sum of ONE HUNDRED DOLLARS, ($100,00) for the five -year period commencing as of the date first hereinabove Written,' In addition, Permittee hereby agrees to pay Burlington's standard license and permission charge as may be in effect from time to time for periods subsequent to such initial five -year period. Either party hereto may assign any receivables due them under this Agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or 'obligations under this agreement, 3. Permittee shall pay tb Burlington from time to time the cost of the maihtenancei additions and betterments dope by Burlington herein agreed to be borne by Permittee, within twenty (20) days after bills are rendered therefor. 4. Should the right- of.way be now or hereafter fehced at the location described, Permittee shall cohziruct, maintain, and keep repaired at Permittee's expense, farm crossing gates in 'a manner satisfactory to the General Manager of Burlington, and said gates shall be kept closed, except When necessary to be open for travel. Permittee agrees to assume all damages of every kihd whatsoever resulting' from Permittee's failure to keep gates closed, or for failure to keep the same in proper repair, as agreed ih this paragraph. 5. Permittee shall at all times keep the flangeways of said crossing free and clear of all snow, dirt or any other obstructions whatsoever which may accumulate by virtue of vehicles or farm machinery crossing thereover or other- wise, 6, Permittee shall not permit said crossing to be used as a public crossing nor shall Permittee authorize others to use said crossing Without Burlington's written' consent. Provided, however, written consent shall not be required for occasional guests of Permittee. Permittee further agrees that upon the lease, sale, devise' or conveyance of the property being served by this crossing that the Permittee shall notify Burlington of such lease, sale, devise or conveyance and shall require that the lessee, grantee, receiver or purchaser make application, for a private crossing with Burlington. 7. Permittee, at Permittee's own expense; shall remove and keep removed any vegetation at said crossing Which may interfere with the view of trains approaching in either direction. 8. The permission hereby granted shall neither be or be deemed or con- strued to be a grant of land nor shall it constitute ownership by Permittee of the roadway or that portion of the right -of -way of Burlington upon which the Crossing is located. It is also specifically understood by Permittee that cables and other electric and /or fiber optic transmission lines may be on, about, along, or under Burlington's property and Permittee agrees and warrants that under NO CIRCUMSTANCES will Permittee dig in' or disturb the surface of Burlington's property. ✓ 9. Permittee shall and hereby does release and discharge Burlington of and from any and all liability for damage to or destruction of the said Crossing, or any property of Permittee thereon; and shall and hereby does assume any and all liability for injury to or death of persons, or loss of or damage to property in any manner arising from or during the use, maintenance repair or removal of said Crossing, however such injury, death; loss, damage or destruOtion aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Burlington of and from any and all claims, demands, suits, indemnify damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such injury, death, lost-, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name of Burlington any suits or actions at law' brought against it on account of any such personal injuries, death or damage to property, and to pay and satisfy any final judgment that may be rendered against the Burlington in any such suit or action. THE LIABILITY ASSUMED BY PERMITTEE SHALL NOT BE AFFECTED BY THE FACT, ' IF IT IS A `'FACT; THAT THE LOSS, DAMAGE, DEATH, OR INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE. 10, It is agreed that the provisions of paragraph 9 are for the equal p (Amtrak), or companies, including National protection of any other railroad company o Railroad Passenger Corporation (Amt,ak) heretofore or hereafter granted the joint use of Burlington's property, of which said premises are a part, 11, In the event Burlington shall require the use of its premises occupied by the said Crossing or any part thereof for any purpose Whatsoever; or if Permittee shall fail to keep and perform any of the terms and conditions Of this agreement herein agreed by Permittee to be kept and performed, Burlington shall" have thirty (30) days' terminate notice of efi is intention time sou upon giving and to shall, Permittee sha1T, upon expiration of said thirty (30) days; have the right to remove said Crossing and barricade said Crossing at the cost and expense of Permittee. Said 'notice shall be good if served personally Upon Permittee or posted upon the premises or deposited postpaid in a United States Postal Service, addressed to Permittee at Permittee's post office address above stated. No portion of any payments made hereunder will be refunded upon termination of this agreement. 12. Permittee shall not assign or transfer this agreement without first having obtained the Written consent of Burlington, 13. This agreement '3hall inure to the benefit of and be binding upon the parties hereto and t.eir respective executors; administrators; successors and assigns 1 ra .. , i , .:. . rxa-` ��. rE�r1� +Vrmov+mn7inrn�'P�l�"P. Wit++' ' "n'w.(�mHawvR•w:.14 N *.w,t� tin r,+* = �. I.4. Nothing herein contained shall imply or import a covenant on the part of Burlingtun for quiet enjoyment. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year'first above written. BURLINGTON NORTHER;( RAILKOAD COMPANY PACIFIC REALTY ASSOCIATES, L.P. ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO CX90- 16079 DATED September 14, 1990 LONG -TERM PRIVATE CROSSING The Permittee shall, at its own expense, obtain and maintain in force during the term of Permit No, CX90- 16079, together with a Contractual Liability Endorsement attached thereto, under the terms of which the insuring agreements of the policy are extended to cover the liability assumed by the Permittee �„ Exhibit "B "= hereunder. The form of said Endors ment is hereto attached, marked The Permittee shall carry General Liability Insurance against claims arising out eaf bodily injury, illness and death and from damage to or destruction of property of, others, including loss of use thereof, and including liability of Burlington, Permittee and all subcontractors, and each of them, with a minimum limits for bodily injury and property damage of ONE MILLION DOLLARS ($1,000,;00) each occurrence. This policy shall be in broad form and shall include the following coverages: 41. Premises and operations (2•') Independent Contractors Exhibit "B" (3.) Contractual liability -,Exh 4. P roducts an d ;com leted operations erations 5.) Bodily injury to include personal injury 6) Broad form property damage Burlington Northern Railroad Company shall not be a named insured under such policy(s). Such policy or certificate with respect thereto, together with said Con- tractual i be same, mi submitted to the rl attached be writing the amount and Burlington approval form, and, upon approval and prior to commencement of any work to be per- formed under this agreement, the Permittee shall deposit theoCertificateiof' on said Ir,curance With CX90 -160 79, Permit Number shown 'Description of insurance, with' the Burlington. It is understood and agreed that the Permittee's policy is primary and not contributory and releases Burlington as to payments s of nyaearnedtpremiu . The insurance certificate provided by Permittee must as to insurance carriers covering the risk and must bearadcancellation clause providing that such insurance may not b e cancelled, to laPse until the expiration of at least (30) days advance written notice to Burlington. Crossing shall not be constructed Until Permittee furnishes to Burlington for approval, the original Certificate of Insurance, certified copy of policy(s), or other satisfactory evidence that all _ the insurance which Permittee is obliged to furnish under the foregoing provisions has been obtained and is being maintained, uestions or clarification of insurance requirements may be directed to: Risk Management Analyst Bu rlin g ton Northern Railroad :: 1nipany 777 Main Ft. 'Worth, TX ' 76102 Phone: 1 ,817- 878.2374 FAX 817 -878N,2377 A11 renewal certificates are to be mai l ed and/or FAX ' d to the above address. 1 list, clearance' at riveway/road intersections, and availability of d d ava.lab necessary public services (water, sewer, storm sewer). The site plan provides an adequate number of parking spaces to satisfy the code parkirtg requirements uses likely to locate in the ro .sed buildings (164 spaces s provided 1 space per p,� g ( p p r 718 square feet • gross building area; the Code requires that warehouse uses be Provided with at least 1 parking space per ',1000 square ° feet) . The plan also provides for a sufficient number of designated handicapped parking spaces (4 required; 4 provided) in locations convenient to the building entrances. The site plan notes that bicycle parking will be provided inside the proposed buildings. Code Section 18.106.020(P) requires that one bicycle parking space within an approved bicycle rack be provided for every 15 automobile ` parking spaces. Therefore,' 11 bicycle parking spaces are required. The applicant will be required to note on tenant modification building permit plans where in the buildings these bicycle spaces will be provided. The site meets minimum access standards through the provision of two access driveways Buildings and 22t3 to the south. Code Section on either side of Bua.ldin s 218 ays from gable qu on 18.106.080.A requires that industrial use parking areas in excess of 100 parking spaces be provided with either two 24 -foot wide access drives or one 40-foot wide access ` the Tualatin Valley Fire & Rescue District expressed drive. Staff and concerns to the applicant prior to plan submittal that because of the location of the proposed buildings wit h respe ct to the number of railroad tracks which cross the � access drives, rLVes, Kable' Lane, and Other nearby streets the potential exists for access to the proposed buildings to be blocked creating an extremely dangerous condition with respect to fire, police, and emergency medical service to the site. In response to these craxerns, the applicant has proposed that the westernmost access drive be located on the west side of the rail spur on the easement on the Consolidated Pipe anal Supply property. This has been done so that emergency vehicles could reach the subject site during a road way blockage on Kable and 72nd through travelling through the Carman Executive Suites site to the western end of Kable and north to the site. `: In addition, the site plan indicates that an emergency crossing of the Burlington Northern Railroad tracks to SW 74th Avenue is to be pursued.` Staff encourages the applicant to fully pursue the emergency access option with the railroad and the Oregon Public Utility Commission. • DECISION THE DIRECTOR'S DESIGNEE APPROVES SITE DEVELOPMENT REVIEW SDR 90 -0010 SUBJECT TO THE FOLLOWING CONDITIONS. BUILDING PERMITS WILL NOT BE ISSUE E . TIL TEi..� FOLLOWING CONDI!i'IONS ARE FULLY' SATISFIED OR A 9 ,. O USRiC PERFO1t,MANCE ASSURANCE IS POSTED GUARANTEEING COMPLETION SAS. ISFACPO OF IMPROVEMENTS. 14. The applicant shall provide evidence that permission to construct an emergency access between the proposed site and SW 74th Avenue NOTICE OF DECISION - SDR 90 -0010 - MC KENZIE/SAITO PAGE 5 �+ 1 has been requested from the Burlington Northern Railroad and the Oregon Public Utility Commission. STAFF CONTACT: Jerry 'offer, Planning Division, (639-4173.). • Building permits will, not be issued and construction of the proposed driveway shall not commence until the Engineering Department haa reviewed and approved the plans and a Street Opening Permit has been executed.' The Street Opening Permit submittal shall show that all requirements of the Oregon Public Utility Commission for the railroad crossing have been met. A 100% Performance Assurance or a Letter of Commitment and the payment of a permit fee are required. STAFF CONTACT: John Hagman, Engineering Division, (639-4171). The applicant shall submit access easement agreements with a map of all proposed and existing, easements. Joint use and maintenance agreements shall be executed and recorded on City standard forms for all 'common driveways. The agreements shall be referenced on and become part of all applicable parcel deeds. The agreements »hall be &PProved by the Engineering Department prior- to recording. STAFF CONTACT: John Hagman, Engineering Department (639-4171). • The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on -site system designed to onto the adjacent property. STAFF g prevent runoff ont CONTACT: Brad Roast, Building Division (639-4171). • The applicant shall provide connection of proposed buildings • to the public sanitary sewerage system. A connection permit is required to connect sanitary sect to the eac�.sting public cry sewer ayetem STAFF CONTACT: Brad Roast, Building Division (639- 4171). • An erosion ccr t;Col plan Shall be provided as part of the building permit application. The plan shall Conform to "Erosion Control CONTACI. Brad Roast, Roas Guidance Handbook, November 1989." .STAFF ", En gineerin Division, v (639-= 417].). UNLESS A SATISFACTORY PERFORMANCE ASSiRAdCE IS POSTED, THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE IS SUANCE OF AN OCCUPANCY PERMITt • The p .. ss proposed s p f' proposed landaca ing materbal and other site improvementa shal]. be installed in conformance with, the ;approved site Plan, STAFF CON TACT: Jerry offer, P:+ ,annin g D iv ieion y (639 .417] ) • Tenant modification building permit plans shall indicate where required bicycle racks will be placed. A minimum of 1].° bicycle' parking spades shall be provided within one year of the issuance bR 90 -0010 - MC REN2IE /SAITO NOTICE ACE E Ok DECISION - S 1201 < X33' A 2300 2i3Aa 2100 - . 9YAc, FOR ASSESSMENT PURPOSES ONLY DO NOT RELY ON FOR ANY OTHER USE 1400 1313 2000 .81AC 1900 .77 AC (Cs. 13002) 315.20` 331.40 325,23 1500: l.g4 1500 L84 AC., 1801 .784c -- SOUIH LINE JAMES H, HICKLIN DLC.4 1700? t7cAa SEE MAP 2S i 12DA SEE MAP 2S 1 12DB IMML :2 1111:14.m. Al SITE PLAN a• say a , SAITO PaoTruit & 411000k7114 orasoN BUSINESS 'PARK BANGS 2 I to i« r�m�..w.ae.a�rcamc PHASE 111 BuldInos 121 & 221 SITE •PLAN AS _FILED FOR DESIGN ;REVIEW -18 -90 No CX90.16079 PRIVATE ROADWAY AND CROSSING AGREEMENT EXISTING CROSSING: Transfer: CX86-17005 dated 02 /03 /86- MERCER AGREEMENT made this 14th day of SEPTEMBER, 1990, between BURLINGTON NORTHERN RAILROAD COMPANY, a D laware corporation, hereinafter called "Burlington ", whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, WA 98104 -1105, and PACIFIC REALTY ASSOCIATES, a Delaware limited partnership of State Investment. Board, State of Washington (limited partner); Oregon Public Employees Retirement Fund (limited partner); PacTrust Realty, Inc., (general partner), whose post office address is 111 Southwest 5th, Suite 2950, Portland, OR 97204, hereinafter called "Permittee", WITNESSETH: WHEREAS, Permittee desires for Permittee's use the construction and main- tenance upon the right -of -way of Burlington of an existing private 4(' plank crossing, hereinafter sometimes referred to as the "Crossing ", to be used as an .. crntrolled by ;late are, Fire Department actuation, located at SmuryeyncStations 7U43415.2 Milepost 3.3.74 at or near TIGARD, County of Washington, Oregon, and Burlington agrees to the construction and maintenance thereof and the use thereof by Permittee upon the following terms and conditions: 1. Permittee shall, at their own cost and expense, do all required grading and maintenance of the roadway approaches and furnish, install, and maintain necessary drainage facilities. Permittee shall at their own cost and expense, obtain and furnish to Burlington a policy of Public Liability and Property Damage Insurance as set out ih Addendum attached hereto and made a part hereof. Burlington shall maintain said Grossing at Permittee's cost and expense. Burlington reserves the right at any time and is presently permitting other parties to Use said road crossing in common with Permittee herein: Said other parties will be required to execute a permit similar to the permit executed by Permittee herein; and all responsibilities required by the terms, conditions and provisions of this permit shall be borne equally by Permittee''and said other parties; 2. Permittee shall, upon execution hereof, pay to Burlington for the license and permission hereby granted the sum of nNE HUNDRED DOLLARS, ($100.00) for addition, hereby pay t hereinabove written, In five-year period commencing as of the date firs ' ' Permittee hereby agrees to ay Burlington's standard license and permission charge as may be in effect from time to time for periods subsequent to such initial five -year period. Either party hereto 'lay assign any receivaules due them under this Agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this agreement. 3: Permittee shall pay to Burlington from time to time the cost of the maintenance, additions and betterments done by 3urlington herein agreed to be borne by Permittee, within twenty (20) days after bills are rendered therefor 4 Should the right -bf -way be now or hereafter fenced at the location described, Permittee shall construct, maintain, and keep repaired at Permittee's expense, farm crossing gates in a manner satisfactory to the General Manager of Burlington, and said gates shall be kepi closed; except when necessary to be open for travel. Permittee agrees to assume all damages of every kind whatsoever resulting from Permittee's failure to keep gates closed, or for failure to keep the same in proper repair, as agreed in this paragraph, U• 5. Permittee shall at all times keep the flangeways of said crossing free and clear of all snow, dirt or any other obstructions whatsoever which may accumulate by virtue of vehicles or farm machinery crossing thereover or other- wise. 6. Permittee shall not permit said crossing to be used as a public crossing nor shall Permittee authorize others to use said crossing without Burlington's written consent. Provided, however, written consent shall not be required for occasional guests of Permittee. Permittee further agrees that upon the lease, sale, devise or conveyance of the property being served by this crossing that the Permittee shall notify Burlington of such lease, sale, devise or conveyance and shall require that the lessee, grantee, receiver or purchaser make application for a private crossing with Burlington. 7. Permittee, at Permittee's own expense, shall remove and keep removed any vegetation at said crossing which may interfere with the view of trains approaching in either direction. 8 The permission hereby granted shall neither be or be deemed or con- strued to be a grant of land nor shall it constitute ownership by Permittee of the roadway or that portion of the right -of -way of Burlington upon which the Crossing is located. It is also specifically understood by Permittee that cables and other electric and /or fiber optic transmission lines may be on, about, along, or under Burlington's property and Permittee agrees and warrants that under NO CIRCUMSTANCES will Permittee dig in or disturb the surface of Burlington`s property. 9. Permittee shall and hereby does release and discharge Burlington of and from any and all liability for damage to or destruction of the said Crossing, or any property of Permittee thereon, and shall and hereby does assume any and all liability for injury to or death of persons, or loss of or damage to property in any manner arising from or during the use, maintenance, repair or removal of said Crossing, however such injury, death, loss, damage or destruction aforesaid may occur or be caused, and shall and hereby does indemnify and save harmless Burlington of and from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such injury, death, loss', damage or destruction aforesaid. Permittee further agrees to appear and defend in the name of Burlington any suits or actions at law brought against it on account of any such personal injuries, death or damage to property, and to pay and satisfy any action. THE LIABILITY ASSUMED BY PERMITTE SHALL NOT BE AFFECTED suit ny final judgment that may be rendered against the Burlington in any such or f E OCCASIONED BY FACT,If'I T' IS A FACT, THAT THE �1�OSS, DAMAGE, DEATH, OR INJURY WAS OCCASI Y THE OR CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE. 10. It is agreed that the provisions of paragraph 9 are for the equal protection of any other railroad company' or companies, including National Railroad Passenger Corporation (Amtrak), heretofore or hereafter granted the, joint use Of Burlington's property, of which said premises are a part. 11. In the event Burlington shall require the use of its remises occupied ht by the said. Crossing .. or any part thereof for any purpose whatsoever, or if Permittee shall fail to keep and perform any of the terms and conditions of this agreement herein agreed by Permittee to be kept and performed, Burlington shall have the right to terminate this agreement at any time upon giving to Permittee thirty (30) days' written notice of its intention so to do and shall, upon expiration of said thirty (30) days, have the right to remove said Crossing and barricade said Crossing at the cost and expense of Permittee. Said notice shall be good if served personally upon Permittee or posted upon the premises or deposited postpaid in a United States Postal Service, addressed to Permittee at Permittee's, post office address above stated& No portion of any payments made hereunder will be refunded upon termination of this agreement. 12 Permittee shall not assign or tranSfer this agreement without having obtained the written consent of Burlington. first 13, This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, successors and assigns. ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. CX90- 16079 DATED September 14, 1990 LONG- TERM PRIVATE CROSSING The Permittee shall, at its own expense, obtain and maintain in force during the term of Permit No. CX90- 16079, together with a Contractual Liability Endorsement attached thereto, under the terms', of which the insuring agreements of the policy are extended to cover the liability assumed by the Permittee hereunder. The form of said Endorsement is hereto attached, marked Exhibit "B ". The Permittee shall carry General Liability Insurance against claims arising out of bodily injury, illness and death and from damage to or destruction of property of others, including loss of use thereof, and including liability of Burlington, Permittee and all subcontractors, and each of them, with a minimum limits for bodily injury and property damage of ONE MILLION include the following coverages: p shall be in broad form and shall DOLLARS ($1,000,000), each occurrence. This olicy s g covers g (1.) Premises and operations (2.) Independent Contractors (3.) Contractual liability - Exhibit "B!' (4.) Products and completed operations (5.) Bodily injury to include personal injury (6.) Broad form property damage Burlington Northern Railroad Company shall not be a named insured under such policy(s). Such policy or certificate with respect thereto, together with said Con - tractual Liability Endorsement attached thereto, shall be submitted' to the Burlington for approval as to the insurance company writing same, the amount and the form, and, upon approval and prior to commencement of any work to be per formed under this agreement, the Permittee shall deposit the Certificate of Insurance with CX9O- 16079, Permit Number shown in `Description of Operation' on said Certificate of Insurance, with the Burlington. It is understood and agreed that the Permittee's policy is primary and not contributory and releases Burlington as to payments of any earned premium. The insurance certificate provided by Permittee must be satisfactory to Burlingtoh as to insurance carriers covering the risk and must bear a cancellation clause providing that such insurance may not be cancelled, amended, or allowed to lapse until the expiration of at least (30) days advance written notice to Burlington. Crossing shall not be c; instructed until Permittee furnishes to Burlington for approval, the original Certificate of Insurance, certified copy of policy(s), or other satisfactory evidence that all the insurance which Permittee is obliged to furnish under the foregoing provisions has been obtained and is being maintained: Questions or clarification of insurance requirements may directed to: Risk Management Al, ,lyst Burlington Northern Railroad Company 777 Main Ft. Worth, TX 76102 Phone: 1. 817 -87B -2374 PAX 817_878.2377 All renewal certificates are to be mailed and/or FAX'd to the above address. 14. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PacTrust /'M &T Group TEL: SO3/224 -6709 EXHIBIT "B" CONTRACTUAL LIABILITY ENDORSEMENT LONG TERM Private Crossing CX90- 16078 In consideration of an additional deposit premium of the toptsona insuring agreements of the policy to which this Contractual Liability Endorse ment is attached are hereby extended to cover the liability for bodily injuries, including resulting death and damage to property, which liability the insured has assumed by virtue of the following wording contained in +in agreement entered into between the Insured and Burlington Northern Railroad Company numbered CX9O-16079 and dated September 14, 1900; Permittee shall and hereby does release and discharge Burlington of and from any and all liability for damage to or destruction of the said Crossing, or any property of Permittee thereon, and Permittee shall and hereby does assume any and all liability for injury to or death of persons, or loss of or damage to property in any manner arising from, or during the construction, use, maintenance, repair or removal of said Crossing, however such injury, death, loss, damage or destruction aforesaid may occur or be, caused, and Permittee shell and he'`Aby does indemnify and save harmless Burlington from any and` all claims, demands, suits, actions, damages, recoveries, judgments costs or expenses arising or growing out of or in connection with any such injury, death; loss, damage or destruction aforesaid, Permittee further agrees to appear and defend in the name of Burlington any suits or actions at law brought against it on account of any sUGh personal injuries, death or damage to property, and to pay and satisfy any final judgment that may be rendered against the Burlington in any such suit or action. THE LLIABILITY ASSUMED BY PERMITTEE SHALL NOT BE AFFECTED BY THE PACT, IF I'f IS A FACT, THAT THE LOSS, DAMAGE, DEATH, Oil INJURY WAS OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BURLINGTON, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE, ent is issued subject to all agreements, Endorsement reements, exclusions, condiw g tins, declarations and otii, °..r terms contained in the policy, except as Modified by this Endorsement, Ten days' written notice shall be given to Burlington Northern Railroad Company Addressed to the General Manager, 2000 First Interstate Center, Seattle, Washington, 95104 - 1105, of any cancellation of Policy No, if canceled at any time prior to the expiration date of the state` "policy period. This Endorsement forms a part of Policy No. __.: issued to the by the _ _ - and is ei"foc"ve p lgr _.�.. - ataindard 15uty ohTzecT�gen iesiciei�� questions or clarification of insurance requirements may be directed to Risk Management'Ahalyst Burlington Northern Railroad Company 777 Main Ft. Worth; tit 76102 Phone: 14011-.878 -237 EAX 81 -878 -2377 Burlington requires an Insurance Company recognize the ind�;mnity that their insured has assumed in executing the enclosed Permit Agreement. Far this reason the Permit Agreement should be viewed by Your Insurance Agent: A l renewal Certificates are to be mailed alld br PAk'd to the above address; ,/ v P /c/ t' gp 74). Al a 12 A 7 n 4 4 / 1 Arr e&.i f T o t , % v j r amop..., b,) , l.''. 0' .41. 4 40/1,491r119A) 11 4 r-r'1 6-126 4o tm e. J 9e rie r /444) To 90t/I .pc. 4A) p z.4 A)6 • o A?1°'1 e 7 1 1 / / T 3e. /i57 /5 Pistatioti5 4600- e t . oT') A ' &O0 L-/ f '� I t e4 -To ' , '' ,,2/' ► 7 2' °r L-f � � � te..7 of ,) 511 '. 1 /4°', :rr'% 44117 45 1' ae 1 coo lairYtk,.�.yrJ oi\JS 4 or 17- � Zaivrt., . t a 6,-/A 6 4:,-(7 aio F xA �•V �+ u.+ +rig" �� 7. i A A 0 9 `4 6 "'f.. C s i 1 Al' Mai' �+!�' } fry, ov p� W MEMORANDUM CITY OF TGARD, OREGON TO Jerry Offer, Planning FROM Greg Berry, Engineering DATE June '26. 19 9 0 SUBJECT: '" SIDR 90--0010 PacTruat /McIenzie st.. neeEript ican The applicant proposes to construct two flex buildings north of SW Kable Lane, Findings e pp submitted a site plan, a preliminary utility and grading 1. The applicant has sub Plan. , as well as a traffic report. The site -is bounded to the east and west by railroad rights -of --ways there is no frontage along a''right -of -way. Access is provided' by two driveways crossing a parcel to the south and connecting to SW Kable Lane at existing concrete driveway aprons. The westernmost driveway is 40 feet wide and was Permitted by a street opening' permit issued April 13, 1990. The applicant Yp Proposes existing y Pp y feet. currpntl ro saps to widen the e�ispinp drivewa toya roximatet 54 feet, A train on the ,s ur track along the Pro Posed drivewa could block access to the site from SW Kable Lane. The additional width of the driveway will permit access from SW Kable Lane from the south while there is a train on p g y. particularly important when the spur track. This emer enc. accc�sa would be articulaxl. � r!tant wh - Railroad to the west was blocking accesssrfrom inSWn72nd touSWerKable Lane. Because Pacific Railr of the difficult access caused by railroads, the Fire District has directed the applicant to pursue an additional access to SW 74th. Subsection 18.108.080 A of the Code requires that each of the driveways .., P ._e t. �ainimuxn Paved w feet within air access width of 30 fee Althou h not shown on the submitted "9 d plans;..... the a►pp created the su'a' ;pct parcel MLP 88-17) resulted in a 30 -foot wide access easement ° p t , 2a Y fOx the westernmost ever, there appears to be an the westernmost acc.e,�s. „ ., xi error � lega�'. description of the Roe in t e ase�ent � There � no ea.s�emen{. for the access. Sanitary sewer sei;vice is available on site and need future service to other parcels. not be extended for Storm drainage is discharged across the northern portion of the site, ENGINEERING C:O ; 1TS -- SDR 90 -0010 P,AGE'' ; J • The submitted traffic report concludes that the proposed project's egress volume can be sat:isfactoril ,served by the SW Kable Lane approach to SW 72nd Avenue. Recommendation: • Building permits will not be issued: and construction of the Proposed driveway shall not commence until the Enginet,ering Department has reviewed and approved the plans and a Street Opening Permit has been executed. The Permit submittal shall show that all requirements of the Public Utility Commission for the railroad crossing_ have been met. A 100% Performance Assurance or a Letter of Commitment and the payment of a permit fee are required. STAFF CONTACT: John Hagman, Engineering Division, ( 639 - 4171). . : The applicant shall submit, access easement agreements with a map of all proposed and existing easements. Joint use and maintenance agreements shall be executed and teeorded on City standard forms for all common driveways. The agreements shall be referenced on and become part of all applicable parcel deeds. The agreements shall be approved by the Engineering Department prior to recording. STAFF CONTACT; John Bagman, Engineering Department (639-4171). 3. The applicant shall. provid . e for roof and ;pavement rain drainage to the Public _ drainage t y by an on-site system designed to prevent runoff onto the adjacent property STAFF CONTACT: Brad Roast, Building Division (639- 4171). 4. The a pplicant shall provide connection of proposed s... ed buildin s to the public sanitary sewerage system. ' A connection permit is, requited to connect to the existing public sanitary sewer system, STAFF CONTACT: Brad Roast, Building Division (639-4171). 5. An erosion control plan shall be provided as part of the building permit a licatxon: The pp ' plan shall conform to "Erosion Control Plans - Technical " TACT: Brad Roast, Engineering STAFF CON +Guidance Handbook, 'November 1989." ST, Division, (639 -4171) . APPROVED: 0 Randall R. Wooley; :. Engineer br /OBmSDR9b10.gb ENGINEERING OOMMEMtg - Stilt 90-- 0010 PAGE 2 GY May 25, 1990 TO: D REQUEST FOR COM}iENTS FROM: Tigard Planning Division RE: SDR90 -•0010 PACTRUST /MACY.ENZIE SITE DEVELOPMENT REVIEW SDR 90- 0010 PACTRUST /MACKENZIE- -SAITO (NPO #5) A requests Site Development Review approval to allow construction of two flex apace buildings of approximately 97, 500 and 20.250 square feet for 'a variety of light industrial uses. ZONE: I -L (Light Industrial) LOCATION: and Sou (WCTM lots North of SW Kable Lane south of SW Bonita Road WCTM 2�1 12AC, tax 1000, 1100, 1400, 1500). Attached is the site plan and applicants statement for your review.' From information supplied by various departments' aad agencies and from other r information available to our staff, a report and recommendation will be reared and a decision will be rendered on proposal in the near future. If You p to comment on this application, we need your comments by 06/04/90. the you wi�►h p omments b 0 y p P below ar attach a separate letter to return You ma use, the s ace Provided bel lease phone your comments. y o respond by the above date, p I � you are unable to the staff contact noted below with your comments and confirm your comments in writing as soon as Possible. If you have any questions regarding thin matter, contact the Tigard Planning Department, PO Holt 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT :' PLEASE CHECK THE )"OLLOWING, THAT APPLY: WO have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the encdloaed letter. (..'`omtt, hts . Name of person Te1ephdne numb!er :, " REc ;VE J POI TIMING ,� tiN 2 5 1990 REQUEST FOR COMMENTS May 25, 1990 TO: l% FROM: Tigard. Planning Division RE: SDR90 -0010 PACTRUST/MACKENZIE (MOVED PP.ANNING JUN 61990 SITE DEVELOPMENT �l SUR (NPO #5) A requests Site Development Review to allow construction of two flex space buildings of approximately 97,500 andl 20,250 square feet fcr , a variety of light industrial uses. ZONE: I-L (Light Industrial) LOCATION: North of SW Kable Lane and South of SW Bonita Road (WCTM 2S1 12AC, tax lots 1000, 1100, 1400, 1500). ittached 0 the site plan and applicants statement for your review. From nformation supplied by various deartments'and agencies and from p g other information available to a report and recommendation will, be staff, p p and a decision will be 0 oux� s proposal Pre Pared r�encered. on the ro osal in the near future. If you comment on this application, we need your comments by 06/04/90. You may use the space provided below ar attach a separate letter to return your Comments. If you are unable to respond by the above date, plea Se phone the staff contact noted. below with your : ccmments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639 - 41'1» STAFF CONTACT: 1/4\deArvii PLEASE CHECK THE FOLLOWING THAT APPLY: have reviewwed the and have no objections to it. We h Please contact please refer to the enclosed letter. Comments: Z, of our office. oizar 4 r ` 4",_272, " (Po t° r Name of person commenting: Telephone rumber: Z Z ef ' FOR COMMENTS May 25, 1990 TO: Tigard Water District FROM: Tigard Planning Division RE: SDR90 -0010 PACTRUST /MACKENZIE MEWED FIRMING JUN 3 1990 SITE DEVELOPMENT REVIEW sDR 90 -0010 PACTRUST /MACKENZTE -SAITO (NPO #5) A requests Site Development Review approval to allow construction of two flex space buildings of approximately 97,500 and 20,250 square feet for a variety of light industrial' uses- ZONE: i -L (Light Industrial) LOCATION: . North of SW Kable, mane and South of SW Bonita Road (WCTM 2S1 12ACr tax lots 1000, 1100, 1400, 1500). Attached is che site plan and applicants statement for your review° From 3.nforma�.to `t n , supplied by various departments and agencies and from other information avallable to our staff, a report and recommendation will be prepared and a decision will 'be rendered on the proposal in the near future. If comment on this ents b 06/04/90.. you wish to s applica,tiora, � we need your c�osnm y • You may use the space provided below ar attach a separate letter to return your comments. If you ace unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter' contact the Tigard Planning Department, PO Box 23597, 13125 SW Ha ll Blvd., Tigard, OR 97223. PHONE: 639 -4171. STAFF CONTACT: Yi..{ osccer PLEASE C IY3 CK THE FOLLOWING THAT APPLY: XX We have reviewed the proposal and have no objections to it ` Please contact of our office. Please refer to the enclosed letter. Continents c rT � dd i titan 1 e hyd ::an is are needed to owl �� t�� C�1 � � � :�' meet the minimum requirements. Also Railroad permits will be rec ,tuired before the water lines installation irtay gj n. Name of person commentinge, y mod✓ ohn P. Miller, Administrator Telephone number :, 6 3.9 1554 • Q f. a REQUEST FOR COMMENTS May 25, 1990 TO: General Telephone 00. FROM: Tigard Planning Division RE SDR90 -001,0 PACTRUST/MACKENZIE MAY al 799Q SITE DEVELOPMENT REVIEW SDR 90 -0010 PACTRUST/MACKENZIE-SAITO (NPO #5) A requests Site Development Review approval to allow construction of two flex apace buildings of approximately 97,500 and 20,250 square feet for a variety of light industrial uses. ZONE: I-L (Light Industrial) LOCATION North of SW Kable Lane and South of SW Bonita Road (WCTM 251 12AC, tax lots 1000, 1100, 1400, 1500) . Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,, we ;geed your comments by 06/04/94. You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT : J C V _ 1 -1 ex' PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact ��14 ti1 Please refer to the enclosed letter. Comments: of our office. Name of person commenting: Telephone number: 1 °' 50 • Q f. a REQUEST FOR COMMENTS May 25, 1990 TO: General Telephone 00. FROM: Tigard Planning Division RE SDR90 -001,0 PACTRUST/MACKENZIE MAY al 799Q SITE DEVELOPMENT REVIEW SDR 90 -0010 PACTRUST/MACKENZIE-SAITO (NPO #5) A requests Site Development Review approval to allow construction of two flex apace buildings of approximately 97,500 and 20,250 square feet for a variety of light industrial uses. ZONE: I-L (Light Industrial) LOCATION North of SW Kable Lane and South of SW Bonita Road (WCTM 251 12AC, tax lots 1000, 1100, 1400, 1500) . Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application,, we ;geed your comments by 06/04/94. You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT : J C V _ 1 -1 ex' PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact ��14 ti1 Please refer to the enclosed letter. Comments: of our office. Name of person commenting: Telephone number: 1 °' 50 1 REQUEST FOR COMMENTS May 25, 1990 TO: Fire District #1 FROM: Tigard Planning Division RE: SDR90 -0010 PACTRUST /MACKENZIE SITE DEVELOPMENT REVIEW SDR 90 -0010 PACTRUST /MACKENZIE -SA TO (NPO #5) •A requests Site Development Review approval to allow construction of two flex space buildings of approximately 97,500 and 20,250 square feet for a variety of light industrial uses. ZONE: I-L (Light Industrial) LOCATION: North of SW Kable Lane and South of SW Bonita Road (WCTM 2S1 12A0, tax lots 1000, 1100, 1400, 1500). Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 06/04/90. You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OA 97223. PHONE: 639 - 4171. STAFF CONTACT :0j ek(tru) 6)-(;)-1( PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. z.,. Comments: of our office. 1 ccia al)._ 1.. '� Li 10 i C.- Name of person commenting: ¶ 4 5- TUALATIN VALLEY FIRE & RESCUE AND BEAVERTON FIRE DEPARTMENT Telephone number: -- • ,5� �-, rn, GENE BIRCHILL Deputy Fire Marshal/ Plans Examiner 503 - 526 -2502 FAX 526 -2538 4755 S.W. Griffith Drive + Beaverton, Oregon 97905 (dztg' (.1 )1 ./ tr 1 44 _.?/) 2 (r.-i'77 41 L. fi SDR 7o-to 7'27 ,Sss7J 6., f:;2/ / 990 / II .ea vv.-7 ..,,ition at 4e /472S7 dievel e eil/ 3Ao/icii-//497-- -1/ , a , 7301 731 W Kable. 'Lane/ hs /o00/Hoo/ 0.00, iscio ar kyt•Exp 1 1PAc (z1;e.e. -ndo :of /1i,e, / 4w-e cut-re/11/y adaire<lsea/ oir -)14 Fat-pio ree, 61-Ive) /4P/900 /9780, 544110 Creek &-i've c.e.-errenl Lenti-)/.--oveci /`/(./ .3.7ree./ and -A3-41 /0-01-.../711 p/o4-1-5 ,110( 7talk .e. 3//e p). daw2i ,911-i vw 749-)-vt k;2,Ze ,41,e.,, A'ne.14/ -71/1 ZA)e.t-e- )14:1' 79Ial" otzi- * 54,,qqes/d Ma -M/s /0r/- w en -/ o devalop A-Item-1 V4 •Aefrn Ce51.714-2c/ yov 791-.0per 1) if 7/he 71-0 #ese /045 ;,R 0 74 /el 71%"e:t VS /779 ) 71 c9re o-Met- 7E0x/7-As e .csialered ay91-71v,Se 571--.(2/ of a dolve..7? ,2) 12/-0/ 14,:--vIti6/;,7 eRs/ily- in3/9pirio, ,) , /t- mese A „ 3) II me2/4..5 m2t 7 47/ /ARP/ ,/t:Wie Pr af-; I 7, .74e t7e:A/ed eSs ,..5371ree./ c6t.dol ArokZk, Zi // wire fpc„(Z/IL /4;6///' 71/'e, /0c;,,././,771 4e7V/I V/es / 74 site_ (05e Ze 6-/eve%pme:/7/ zAroi-e-led Ze !2710-e /0)-0,Z4/ms- ..cyoweA, c)(0Pla/res.:5 )2,;.eme/7,5 0/7 Of ..e;iZ,/e Za-rie2 ,.7;h1-7 /4(ih,u5,7 /2)r-Yed me ci.,)M 74A0 .17R111.2 ,:9nc nufrxe/-- o Ce777147c./ A4C7-/cosi e7/e-ye7,71-y7z,47' folv-) MY-6/6- - 1-/e ey)/14 e_ .k'- e-47//eillaA-7 /.5 ,/,2 cA;?,,rge ofe/to(7..:)-e.a.29-i--,k arfrid makiv L.-7,,„,re ,.// ,I,e 10-0-ps if etr-e1cel-ty2e6/ -//.-7 1;-x- PAciez)sr in /71-5 o'r %I1ff .5” 4tii71½ Mg y , I-le -.5,6.( e_s-kcj .- A / J a/4 b-t/.ff . . „f 4.1J9 t -7 a C , o 601/A kIll 72e) /;-2-saPe- v/Car/01 6.5. defladre_c_s. ds.570,1 4.1-nekit5 ,-7re no-/ -7AAg. 71z2(7/40-e. me. ro DICKENSON CO. ro r ti 14555 0 0 c a tO 14 6 6 0` 14680 14605 14645 14655 14865 14725 14795 14835 14833 ti 14865 14875 14 915 14905 14900 14945 14965 15065 15150 CONVOY ,KABLE LN. PACIFIC OREGON CORPORATE BUSINESS CENTER PARK I I c{4 c ORE BUS PA's INTERS (1231 (122) (118) (1)6) ) 7) (112) (117) (108) (113) 17 (128) (105)_ JJ�u�ll�illitlr lliltl�tl!11'�u�t11111� SW 72ND AVENUE (192) (214) ORM 11111111111 O th 1 I►H(N►1I OREGON BUSINESS PARK III PACTRUST BUSINESS CENTER TO TBC 10 II NORTH 100. 20d 300' 400r so0' FACT cDPRPE TO PORTLAND PACIFIC CORPORATE CENTER OR BU PA OREGON BUSINESS PARK II OREGON BUSINESS PARK III PACTRUST BUSINESS CENTER a ma 200 . 3017 aocr 500* PACIFIC CORPORATE CENTER OREGON BUSINESS PARK I PACTRUST BUSINESS CENTER fn oIIIlII1iDillllll(IIII IITIjIIIIIIIII(II Cr 100 200 800' 40U 600' TO PORTLAND PACIFIC CORPORATE CENTER (232) SW 72ND VENUE 1.11-E MOVING AND STORAGE PACTRUST BUSINESS CENTER 0 100' 300' 300' 400' God 4 r, May 25, 1990 REQUEST FOR COMMENTS TO: Building Division FROM: Tigard Planning Division RE: SDR90-0010 PACTRUST/MACKENZIE SITE DEVELOPMENT REVIEW SDR 90-0010 PACTRUST/MACKENZIE-SAITO (NPO #5) A requests Site Development Review approval to allow construction of two flex space buildings of approximately 97,500 and 20,250 square feet for a variety of light industrial uses. ZONE: I-L (Light Industrial) LOCATION: North of SW Kable Lane and South of SW Bonita Road (WCTM 251 12AC, tax lots 1000, 1100, 1400, 1500). Attached is the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by 06/04/90. You may use the space provided below ar attach a separate letter to ret.arn your comments. If you are unable to respond by the above date, pleaae phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAFF CONTACT:Jaarl occedkr PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact --- of our office. Please refer to the enclosed letter. Comments: Name of person commenting: Telephone number:_ RECEIVED PLANNING MAY 29 1990 aj PROPOSAL DESCRIPTION FILE NO: SDR90 -0010 FILE TITLE: PACTRUST / MACKENZIE -SAITO APPLICANT: MACKENZIE /SAITO & ASSOC. PO BOX 69039 PORTLAND, OR 97201 OWNER: PACTRUST 111 SW FIFTH AVENUE, SUITE 2950 PORTLAND, OR 97204 REQUEST: Applicant requests Site Development Review approval to allow construction of two flex space buildings of approximately 97,500 and 20,250 square feet for a variety of light industrial uses. LOCATION: North of SW Kable Lane and South of SW Bonita Road (WCTM 2S1 12AC, tax lots 1000, 1100, 1400, 1500) . ZONING DESIGNATION: I -L (Light Industrial) COMPREHENSIVE PLAN DESIGNATION: Light Industrial NPO NO: 5 CHAIRPERSON: Craig Hopkins PHONE: 639-5823 X STAFF DECISION PLANNING COMMISSION DATE / / TIME � % TIME . HEARINGS OFFICER DATE ♦ _� _ CITY COUNCIL DATE -- / --/ _ - TIME --:~ X REQUEST FOR COMMENTS (see attached list) RETURN BY / / ATTACHMENTS: X VICINITY MAP _ LANDSCAPING PLAN X NARRATIVE — ARCHITECTURAL PLAN X SITE PLAN STAFF CONTACT PERSON: Jerry Offer PREPARE FOR PLANNER APPROVAL: _X ADVERTISEMENT - TIMES /^_ / OREGONIAN X NOTICE TO PROPERTY OWNERS TO BE MAILED / /_ LETTER OF ACCEPTANCE OF APPLICATION _ //� NOTICE TO DLCD - ATTACHMENTS: GENERAL CONTRACTOR NAME & ADDRESS: H.L. Green Company EXCAVATION CONTRACTOR NAME & ADDRESS: same as General Contractor TELEPHONE 2459560 APPLICANT: OWNER — 224 -6540, GENERAL CONTRACTOR: 221 -0200 EXCAVATION CONTRACTOR :221 -0200 SrrE /3OB: None 24 HR /AFTER HOURS EMERGENCY CONTACT P RSON, TITLE, TELEPHONE: lom Wi i tal a Wi l tal a Mana • ement a ter our LOCATION & ADDRESS WHERE SPOILS LEAVING SITE WILL BE TAKEN (NOTE: PERMITS MAY BE REQUIRED) No removal bj n r,j infi1 ERC., SIO1_6\1 EIDTMENTATI MINIMUM ESC REQUIREMENTS DURING CONSTRUCTION: SEDIMENTATION FACILITIES STABILIZED CONSTRUCTION ENTRANCE PERIMETER RUNOFF CONTROL CLEARING AND GRADING RESTRICTIONS COVER PRACTICES CONSTRUCTION SEQUENCE OTHER N CASEFILE NO,; PERMIT NO,: APPLICANT NAIVI AND ADDRESS: MacKenzie/Saito & Associates . an t Street Port and OR 97201 OWNERNAME AND ADDRESS: acs i c Kea ty tqssociates, L.P. Pac:TrustJ 7 venue, Suite 2950 OR 97204 PROPERTY DESCRIPTION STREET ADDRESS AND CROSS STREET /LOCATED S.W. Kable Lane & S.W. 72nd Avenue LEGAL DESCRIPTION: TAX LOT NO.: 1000, 1.100, 1400, 1500 1/4 SECTION: SITE SIZE, ACRES; 7.32 acres DISTURBED /WORK AREA, ACRES 7.32 acres S1 - OEF DRAINS TO: (CIRCLE ONE) CATCH -BASIN DITCH PIPE CREEK (CIRCLE O PRIVATE PROPERT PUBLIC RIG OF WAY • L E MEA RE MINIMUM ESC REQUIREMENTS FOLLOWING CONSTRUCTION: STABILIZE EXPOSED SURFACE REMOVE AND RESTORE TEMPORARY ESC FACILITIES CLEAN AND REMOVE ALL SILT AND DEBRIS ENSURE OPERATION OF PERMANT FACILITIES OTHER__ PLAN FOR EROSION CONTROL PREPARED AND SUBMITTED IN ACCORDANCE WITH "TECHNICAL GUIDANCE HANDBOOK ", EROSION CONTROL PLAN DRAWING, AS REQUIRED, HAS PLAN CONSTRUCTION NOTES COMPLETE, INCLUDING EMERGENCY PHONE NUMBER, SCHEDULE /STAGING FOR INSTALLATION AND REMOVAL OF EROSION CONTROL MEASURES, AND APPLICABLE STANDARD NOTES, I HAVE • ' AD AND WILL COMPL ITH THE ABOVE AND WILL CONSTRUCT AND MAINTAIN ESC MEASURES AS NECESSARY TO CONTAIN SEDIMENT ON THE;ISTRUCTIO SITE. lAtiakow SIGNATURE OWNER SIGNATURE i ru,ss•s.s•uosaeuu•se•s,• *onru u • *u•mh• *rot • •e•••eu• •s*sr►e . ••• 0 OFFICIAL USE ONLY FEE RECEIPT NUMBER DATE RECEIVED ACCEPTED BY Vicinity Map' If - 11:3 asr • MACKENZIE/ .ITO & ASSOCIATES, P.C. ARCHITECTURE, PLANNING INTERIOR DESIGN 0690 S.W. BANCROFT ST. • P O. BOX 69039 PORTLAND, OREGON 97201.0039 • (503) 224.9560 • FAX (503) 228.1285 May 4, 1990 City of Tigard Attention: Keith Liden 13125 S.W. Hall Blvd. P. 0. Box 23397 Tigard, Oregon 97223 Re: Buildings 221 and 222, Oregon Business Park II1 Project Number 290183 Dear Keith: On behalf of Pacific .Realty Associates, L.P. please accept this letter and attachments as -our formal submittal for. Site .Design 'Revilew for Buildings 221 and 222 The st!bject buildings are 97,500 sq. ft. and 20,250 sq. ft. in area and will be utilized as flex space" for a variety of light industrial uses. The following narrative will address the approval criteria of the Community Development Code as outlined in the Site Development Application: 1. Compliance with the Communitylkyelopment Code: The subject development complies with applicable chapters of the Community Development Code, including 18.96, 18.98, 18.100, 18.102, 18.106, and 18.108. The site plan indicated that 15% landscaping requiirement is met, and off-greet parking and access to parking meets City requirements. 2. Relationship to Natural /Physical Environment: There is only one existing tree on the site, which will be retained. The site is relatively flat and major excavation and /or fiilling will not be necessary. The building will be placed to provide adequate availability for fire fighting, and reflect spacing of other buildings accomplished by Pacific Realty Associates in the immediate area. 3. Residential Exterior Elevations: N.A. 4. Buffering, Screening, and. Compatibility: (See Landscape Plan) 5, Priyac and Noise: N.A. 90 -05 \90183 \04L1.ksc C-:113.? IIV,V 1-is, tl, MAY 1 1990 li II, G rrY € t= 4 ! 1. / • 14 Keith Liden Buildings 221 and 222, Oregon Business Park III Project Number 290183 May 4, 1990 Page Number 2 6. Private Outdoor Area - Residential Uses: N.A. 7. Shared Outdoor Recreation Areas Residential Uses: N.A. 8. Demarcation of Spaces: (See Site Plan) 9. Crime Prevention and Safety: (See Site Plan) 10. Access and Circulation: The subject building meets the access requirements of Section 18.108.070. 11. Public Transit: N.A. 12. Parking: The requirements of Chapters 18.106 and 18.108 are met by this proposal. 13. Landscaping: The 15% landscape requirement of the "LI" zone is met. 14. Drainagg: (See Utility Plan) 15. Hanclicipad: Handicapped facilities are/will be provided as required by Uniform Building Code and City Requirements. 16. Signs: (By separate permit) Thank you for your review of this project. Please call me if I can be of assistance or if further information is required. Sincerely, / ZUlog Dennis R. Woods Project Manager/Architect BKS:DRW/ksc Enclosure 90-05\90183\041.1.kse Iy 611 ✓� oi'ztl 1 ytrYSi S3o1Mr ^2b01'd0 } 11 oLOOI 4 p --^--+ 3f1N3�'d�`� Na�NlaQN�:. .YI f . ---- -- OV08 "11V MACKENZIE ENGINEE NG INCORPORATED 1.1 MACKENZIE/SAITO & ASoOCIATES, P.0 LJ 1 . 0690 S.W. BANCROFT STREET • P.O. BOX 69039 PORT' ',I‘ID, OREGON 97201-0039 (503) 224 9560 1.503) 224 0570 FAX (503) 228 1285 Date: To: Attention; Project Name: Please find attached: _ shop drawings _.L plans _ samples soecifications copy of letter _ change order details _ calculations LEVI_ E. 3 ey rEGOSETTML May 21, 1990 Project Number 290183 City of Tigard Keith Liden OBP 3 - Buildings 221/222 Number of copies: Description: _1151_ Sets sheets SD1,SD1A21.1 (5) Sets sheets Al-A4 _.L For your use _ For your review For approval As requested REMARKS: As submitt d for Desi n Review. Copy to: Signed: BettyShapp_ear/as _ Mailed L Delivered To be picked up II enclosures are not as noted, kindly notify us ot once, MACKENZIE ENGINEE SIG INCORPORATED MACKENZIE/SAITO &A\860CIATES, P,C. 0090 S.W. BANOROFT STREET • RO. BOX 69039 PORTLAND, OREGON 97201.0039 (503) 224 9360 (503) 224 9570 FAX (503) 2281285 Date: To: Attention: Project Name: May 18, 1990 City of Tigard Planning Dept. LETOIC 3 cw TIMARSTEDITUaL Project Number_ 290183 Keith Liden OBP 3 - Bldg. 221/222 Please find attached: „ shop drawings plans samples specifications copy of letter change order details calculations Number of copies: Description: (3) Sets plans - as submitted for Design Review (1) Each letter, application map, 8i x 11 site plan, list . of surrounding property owners, title transfer REMARKS: Copy to: Signed: X For your use X For your review X For approval As requested And traffic study addressed to Gary Alfson. Bett She eard as Mailed X Delivered To be picked up It enclosures are not as noted, kindly notify us at once, SEE SKI. Willi vv y9.V V ve BUD -DINO 222 SRr� WE COMM .�.L��{�rl,fpp If I. P Kr • SHIP* RAILROAD SR 74Th VDRIE MIA ''. LANDISOK MINNS rift S - t fF PARMINw. BUILDINGS 331 & 222 AS FILED FOR DESIGN REVIEiW! 5 -18 -90 W is. is.. J •• • a PacTrust M&T Group TEL: 503/224-6709 STATUTORY WARRANTY DEED • 04 Noc.iu5 P. OR--WASH ENTERPRISES, UNLIMITED, a general partnership, Grantor, conveys and warrants to PACIFIC REALTY ASSOCIATES, L.P., a Delaware limited partnership, Grantee, the real property described in the attached Exhibit A, free of encumbrances except as specifically set forth in the attached Exhibit B. The true and actual consideration for this conveyance is $207,052100.. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED LAND USES. DATED this 2 day of December, 1988. OR-WASH ENTERPRISES, UNLIMITED, a general partnership By 417 art E. Nej.rert, partner hn F. Neupert, r ner sis. 4141111112 2 Until a change is requested, all tax statements are to be sent to the following address: c/o Pacific Realty Associates, L.P., Luite 2950, 111 S.W. Fifth Avenue, Portland, Oregon 97204 :a. UN. ) (MK\ MAY 1U 1990 OIIY UF HUAllp PLANNING DEPT. 51.1/ •• , Ma* Pacirus / Mai Group p. TEL: 503/224-6709 ',lay 04,9C 9:26 '4c,005 P.OF STATE OF OREGON ) ) SS COUNTY OF MULTNOMAH ) This instrument was acknowledged before me on 1-44. LA479 L. 6171 0 by KARL E. NEUPERT, as partner of Or-Wash Enterprises, Unlimited, a general partnership. STATE OF OREGON ) SS COUNIZ.OF MULTNOMAH ) CV, rlidtary Public f r Oregon y commission expires This instrument' was acknowledged before me on (/te-,n 194/by JOHN F. NEUPERT, as partner Or-Wash Enterprises, Unlimited, a general partnership. 114,-ary Pub ic or .regon commission exp res:/--Ar<ff of , 2 I : PacTrus* M8T Group EXHIBIT A A portion of lot 4 SOUTHERN PACIFIC TIGARO INDUSTRIAL PARK in the S.E. 1/4 of Section 12. T. a S., R. 1 W., W.M. Washington County, Oregon described as follows: Beginning at the northwest corner of lot 4- Southern Pacific Tigard Industrial Park; thence sn "11 3' 28' 12" east along the west line of said lot 4 a distance of 3W.55 feet; thence north 87' 26' 54" east 359.74 feet to a point in the east line of said lot 4; thence north 1" 20' 16" west along said east line a distance of 242.79 feet; thence continuing along said easterly lot line north 18' 46' 57" west 55.10 feet to the northeast corner of said lot; thence south.88" 14-' 07* west along the north line of lot 4 a distance of 354.33 feet to the point of beginning. Containing 108,404 sq. ft. more or less. • PacTrust / M8T Group TEL: 503/224-6709 Mau 04,90 9:26 No .005 P.05/0 EXHIBIT B 1. The premises herein described are within and subject to the statutory powers, including the power of assessment, of the Unifie4,Sewerage Agency of Washington County, a municipal corporation. 2. An easement, as shown on the recorded plat, Filed by: Southern Pacific Transportation Company, a Delaware corporation Recorded: December 19, 1978 Book: 44, Page: 18 Records of Washington County, Oregon 3. Consent Covenant, including the terms and provisions thereof, Filed by: Consolidated Supply Co. Recorded: March 24, 198? Fee No.: 82007294 Records of Washington County, Oregon 't gin vim( 1 ((.' 1990 kat\ r(t) PLANNING DEVI. L. dC,IrtA�t lib'. or Ihi L)tI.S• ei,:tj --I, 'ir I , , i'I�� ,I CI C! , •ir r r �, 1d.r, . r'rr "r' . 1 TtcOf TITLE INSURANCE 0:1 TICOR TITLE INSURANCE STATUTORY WARRANTY DEED 89 -48305 Washington County D.E. MERCER, NEIL A. AUSTIN AND.ALRERT P. JENSEN, JR., TRUSTEE OF MERCER .INDUST& jr, con47)Fs dr4.,&11,§,lQU LIQUIDATING TRUST AND THEIR SUCCESSORS PACIFIC REALTY ASSOCIATES, L.P., A DELAWARE LIMITED PARTNERSHIP Grantee, the following described real property free of encumbrances except as specifically set forth herein situated In WASHINGTON County, Oregon, to wit: SEE 'LEGAL DESCRIPTION' ATTACHED HERETO AND by REFERENCE MADE A PART HEREOF. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIDED IN THIS INSTRUMENT IN VIOc.ATION OF APPLI• CABLE LAND USE LAWS AND REGULATIONS, BEFORE STONING OR ACCEP'T'ING THIS INSTRUMENT, THE PERSON ACQ UIR• ING FEE TITI-C TO THE PROPERTY SHOULD CHECK !'PITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. Tnc said property la free from encumbrances except 1989-90 TAXES, A 'LIEN DUE BUT NOT YET PAYABLE, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, SET BACK LINES, POWERS OF SPECIAL DISTRICTS AND EASEMENTS OF RECORD, IF ANY The true consideration for this conveyance Is S D.0.t�cd this 5T11 day f OCTOBER 262,682.50 19 89 Here comply with the re uircments o • RS 93,030) MERCE' i& TEEL DIV. L.QUIDATING TRUST C'7 ALB T P JE SE JR. TR�VSTEE D.E. I State of Oregon, County of MULTNOMAH Statc oT Oregon, county of ..TR iSTEE The foregoing instrument was acknowledged before me this The foregoing instrument was acknowledged before me this 5 day of OCTOBER , 19.89 . by day of , 19 by ALBERT P. JENSEN. JR, TRUSTEE. D.E. MERCER____ President and TRUSTEE ■ . A f a Secretary of MERCER INug___ T. LES_STFFT.DTVtS 01g a LIQUID • TING TRUST AND THEI ,SUCCESSORS corporation, on behalf of the corporation. TR S E Nola'y,Pdblic for Orei•n My commission expires- -30 -93 Notary Public for Oregon My commission expires: WARRANTY DEED MERCER IND. STEEL DIV. LIQUIDATING TRUST KAN,na PACIFIC REALTY ASSOCIATES, L.P. Until a change is requested, all tax statements shall be sent to the following address: PACIFIC REALTY ASSOCIATES, L.P. I11 5. W. 5TH AVE u SUITE 2950 �PORRA ND, OR 9721t•, Title No, 568857K8 . After recording return to: PACIFIC REALTY ASSOCIATES, L.P. 111 S. W. 5TH AVE., SUITE 2950 PORTLAND. OR 97204 STATE OF OREGON, County of . , Mul trtflmAh.., OR NNW 34- 143559 SS, This Space Reserved for Recorder's Use .'b• WASHINGTON COUNTY KJJ L't REAL ' L porc Rrr i#t'ANSFER TAX $st % GTCY / FtE� PAID / DATE *sal DORM NO, 53 — ACKNOWLLt0OMa•T $t[Vtta.N[$. LAW ♦U! CO • PORTLAND O. BE IT REMEMBERED, That on this. 5th . day of. ,,..October , J9 89, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the Within named Robert L. SeAts ,���:;.r,r• ••• trrrrrt know`,t9. \rc ; t? Be,',,the identical individual... described in and who executed the Within instrument and aclt it�te gett to.J se,iftpf .i he............executed the same freely and voluntarily, *e4;s : .;,. IN TESTIMONY WHEREOF, Dave hereunto set my hand and affixed my offici l the day and year tae ritten. J.r � Notary Public to Oregon, ommission expires 1- 3Q- -.9... 701V1 61,1 Wl!W1 t.)1.11 PLANNING DEPT. L4, Pac Tr us t G,- _, up TEL: 503/:24 -67Q9 - 04.90 67/ DESCRIPTION SHEET See Page 1 for vesting and encumbrances, if any. Description of the tract of land which is the subject of this report: PARCEL I: That portion of the Southwest, quarter of the Northeast quarter of Section 12, Township 2 South, Range 1 West of the Willamette Meridian, in Washington County, Oregon, described as follows: Beginning at the Northeast corner of Lot 21, FANNO CREEK ACRE TRACTS, said point being on the Westerly line of the Southern Pacific Railroad right of way at the Southeast corner of the National Safety Company tract as described in instrument recorded February 13, 1978, as Recorder's Fee No 78.5895, thence West along the Northerly line of said Lot 21 and the Southerly line of said. National Safety Company tract 171.21 feet to the Southwest corner thereof, said point being on the Easterly line of the S P & S Railroad right of way; thence Northerly along the Westerly line of said National Safety Company. tract and the Easterly line of said Railroad right of way, 120 feet; thence East.140 feet to the Easterly line of said National Safety Company tract and the Westerly line of the Southern Pacific Railroad right of way; thence Southeasterly along said Easterly line to the Southeast corner thereof and the point of beginning. EXCEPT THERFROM that portion lying below a depth of 500 feet, measured vertically, from the contour of the surface of said property as reserved by Deed recorded February 13, 1978, as Recorder's Fee No 78- 5895, Washington County Records, PARCEL II: Lots 21, 22 and 23, FANNO CREEK ACRE TRACTS, in the City of Tigard, Washington County, Oregon STATE OF OREGON Report No. 34- 143559 AUG 3 4'89) County of Washington ss I, Donald W. Mason. Director of Assessment end Taxation and ..A.10 brio, Recorder of Con• veyances for said - county, do, henry certify that the within instrument of. -vetting. was received and recorded in. i Of recctds oL said county. t ' timid 1& r A ny,.. Qlryctar of Aw the ':an. T4atIPn, Ex. _e . o Couh'tjr ,A�y pdc..' w ` a J. 1 s a .`'ja/ r Doc 890483305 EB/bja Con't I Recd.: 19337 279,4 10/06/1989 09 46 17AM [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]