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April 4, 1985 c 47
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•
Mr. Craig Reiley, Rail Division
Public Utility Commission
Labor & Industries Building
Salem, OR 97310
Re: City of Tigard Applicaton for Grade Crossing Permit
at Tech Center Drive and Southern Pacific Transportation
Co. and Burlington Northern, Oregon Electric, Remonstrance
of Western International Properties
Dear Mr. Reiley:
Western International Properties (Western) is the owner
of land on Tech Center Dr., located relative to the subject
crossing as shown on EXHIBIT A (lots 2A, 2B, and 2C and
Tax Lot 5600). Lots 2B and 2C are currently being developed
with office /light industrial buildings to be known as
Tech Center Business Park. Currently, there are two buildings
of approximately 34,000 sq. ft. each being constructed
on thee lots as shown on the site plan attached as EXHIBIT
B.
As a property owner directly affected by the proposed
crossing, Western wishes to register its opposition to
a permit for the proposed crossing. The technical reasons
for our opposition will be stated below, but first the
background will be summarized to place the issue in context.
BACKGROUND
On February 20, 1985, Western and the City of Tigard (City)
signed an agreement providing that "Western will be respons-
ible for paying the costs of constructing the Southern
Pacific railroad crossing, provided a permit for such
crossings is obtained and not denied by the PUC within
4.3 below, and unless a Local Improvement District ( "LID ")
is formed to construct such crossings" (emphasis added).
EXHIBIT C contains a full text of the agreement. This
agreement was reached after an extensive series of discussions
and hearings and signed under duress by Western, with
reservation by Western of its right to-contest the necessity
and advisability of the PUC permit.
Wastes ht.metionel Properties 1805 Nornwesi Gisar Slreec P '1!an ;,:net : 9'« ; S( J ?4: 749
•
Mr. Craig Reiley, Rail Division
Public Utility Commission
April 4, 1985
Page Two
The process began with the imposition of a condition of
the City's Site Development Review permit for Tech Center
Business Park Buildings B and C (Exhibit B). Specifically,
the condition ( #4) was:
The railroad crossing application with the Public
Utilities Commission shall be resolved to the satis-
faction of the City Engineer prior to the issuance
of building permits on any of the three parcels
This vaguely worded condition was stated by the City Engineer,
Mr. Frank Currie, during a phone conversation on August
3, 1984, to mean that the City would require Western to
post a bond for the construction of the Southern Pacific
grade crossing prior to receiving a building permit for
the subject buildings. This discussion was the first
time that the City had specifically stated that Western
would be held responsible for the construction of the
crossing; previously, all documents and conversations
had stated that we would only have to prepare an application
for the crossing.
Western responded to this information by immediately filing
an appeal of the condition with the Tigard Planning Commission.
At its September 4, 1984 meeting, the Planning Commission
ruled that because the crossing was not required to provide
access needed to develop its land, that Western would
not have to pay for the crossing. Subsequently, this
ruling was appealed to the City Council by a property
owner on the west side of the railroad tracks. At its
October 8, 1984 meeting, the Tigard City Council ruled
that Western would have to post the bond per the condition
of the City Development Review permit despite the objections
raised by the Planning Commission and Councilman Ken Scheckla.
After two more meetings of the Council and one more meeting
with staff, the agreement contained in Exhibit C was drafted
and signed. Western signed this agreement under duress
because receipt of the building permit was a condition
of construction financing imposed by our lender. The
Mr. Craig Reiley, Rail Division
Public Utility Commission
April 4, 1985
Page Three
construction loan commitment was open only for several
months; accordingly, Western did not have time available
in which to litigate this matter. The City acknowledged
that Western was opposed to the requirement, that Western
disagreed with the City on whether the crossing would
serve any legitimate purpose, and that Western would seek
the PUC's denial of the permit application.
Western is strongly opposed to the granting of the PUC
permit for the subject crossing and wishes to raise specific
objections by responding to items in the City's permit
application.
STATEMENT OF OPPOSITION
Item 8. Is the project contemplated required by the public
safety, necessity, convenience and general welfare?
City's Statement. Improves area traffic circulation,
particularly from west to east. Completes an element
of the City's approved Comprehensive Plan.
Western's Response. Whether or not the proposed crossing
would improve traffic circulation from west to east, the
Comprehensive Plan does not find a pubic need for the
crossing, nor does it contain any findings or provision
for the crossing as an element of the plan. (EXHIBITS
D, E, & F are the relevant elements of the Comprehensive
Plan submitted for reference.) The Plan does not contain
any findings in Exhibit D or E supporting the idea that
there is a traffic problem at the location of the proposed
crossing in terms of numbers of projected vehicle trips
from west to east that would be accomodated by the proposed
crossing. Further, the proposed crossing is not mentioned
or indicated graphically in Vol. One (Exhibit E) or the
Comprehensive Plan Map - Transportation (Exhibit F).
Your attention is invited to Vol. I pp. 234 under the
heading NPO #5, which is the relevant geographic planning
sub -area:
Mr. Craig Reiley, Rail Division
Public Utility Commission
April 4, 1985
Page Four
NPO #5:
The collector system in this area is centered around
the industrial areas south of Hunziker and north
of Bonita. The connections include:
1. A collector between Hunziker and Hall aligning
with O'Mara at Hall; and
2. A collector from #1 above south to Bonita, east
of Fanno Creek.
The above elements constitute all of the provisions for
the relevant area. No connection between the collectors
and Tech Center Dr. (the proposed crossing) is mentioned.
Further, Exhibit F clearly shows Tech Center Dr. as dead -
ending at the railroad tracks.
The application submitted by the City contains a map (second
from last page) bearing the labels "Proposed Traffic Plan
for Transportation" and Proposed x -ing" and graphically
indicating a connection (crossing) between the connector
described under NPO #5, Item 2. However, the connection
(crossing) indicated on this map is not part of the adopted
Comprehensive Plan, and the City's statement in the applica-
tion that the proposed crossing "completes an element
of the City's approved Comprehensive Plan" is erroneous.
Item 41. Upon completion of this project, will it be
possible to close any existing grade crossing(s) in the
area?
City's Statement. This crossing will help open undeveloped
property which would not otherwise develop, and will allow
for traffic circulation to and through this newly developed
property, and recently developed property.
Western's Response.
Western contends: (1) that this crossing is not necessary
to "...help open undeveloped property which would not
otherwise develop... "; and (2) that the circulation it
would allow through "...recently developed property..."
(our Tech Center Business Park, Exhibit B) is undesireable
and unnecessary for our development.
Mr. Craig Reiley, Rail Division
Public Utility Commission
April 4, 1985
Page Five
Regarding the first contention, Western investigated the
property directly west of the railroad tracks to determine
the amount of undevelopable land contained in the existing
parcel. Our conclusion was that the parcel (shown in
EXHIBIT H contains a letter from the engineering firm
of David Evans and Associates, Inc., reaching a similar
conclusion based on it's evaluation of the property.
The analysis underlying these conclusions include two
site inspections- -the first conducted with Mr. Gene Herb,
Oregon Dept. of Forestry and Mr. Brian Lightcap, Environ-
mental Specialist, U. S. Army Corps of Engineers, and
the second exclusively with Mr. Lightcap. The purpose
of the inspections was to determine the conditions for
obtaining a site development permit given the environmental
constraints in a designated "sensitive lands" area (Fanno
Creek). Both agreed that development on this property
would require a substantial setback to protect wetland
soils and plants in order to be granted a permit. On
the second inspection, Mr. Lightcap sketched a wetlands
setback zone on an aerial photo, which was then transferred
by the Evans engineers to the site plan in Exhibit G.
This setback established the alignment for the access
road, and thus the depth of the parcels. Accordingly,
given the site development potential, or lack thereof,
Western contends that the most practical development approach
would be to extend non - connecting roads north from Bonita
Rd. and south from the proposed Hunziker- O'Mara connector,
per the sketches in EXHIBIT I, and that a connection to
Tech Center Dr. via the proposed crossing is not necessary
to "open" the area to new development. In fact, the proposed
crossing is an impractical deterrent to economic development
in the area because it imposes an unnecessary expense
on the developer.
Finally, the proposed crossing, if used by development
on the west side of the tracks, would bring unnecessary
and unwanted traffic past Western's development. Tech
Center Business Park is a technical office -light industrial
campus with access from 72nd Street. It is important
to preserve a quiet, dignified business environment for
our clients and this characteristic is degraded by additional
traffic brought through the area by the proposed crossing.
Mr. Craig Reiley, Rail Division
Public Utility Commission
April 4, 1985
Page Six
CONCLUSION.
The proposed crossing appears to be an after - thought that
has not been properly investigated and for which a need
has not been proven by the City. The proposed crossing
could not have been seriously proposed by the City had
it not been able to use the withholding of a building
permit to obtain a financial commitment from Western so
that the crossing could be considered by the "PUC. Accord-
ingly, Western respectfully requests that the PUC deny
the subject permit.
Thank you for your consideration.
Sincerely,
W STERN'INTERNATIONAL PROPERTIES
an LA. Fox
enclosures
AJF /tw
,
List of Exhibits
Exhibit A - Area Plan indicating land owned by Western
International Properties
Exhibit B - Site Plan indicating development of land owned
by Western International Properties
Exhibit C - Agreement dated February 20, 1985 between
Western International Properties and the City
of Tigard
Exhibit D - Tigard Comprehensive Plan, Volume One Resource
Document, October 1982, rev. November 1983,
pp. 219 - 233 (Transportation Section)
Exhibit E - Tigard Comprehensive Plan, Volume Two, Findings,
Policies and Implementation Strategies, October
1982, rev. November 1983, pp. 55 - 61 (Transpor-
tation Section)
Exhibit F - Tigard Comprehensive Plan Map - Transportation,
May 9, 1983
Exhibit G - Bonita Industrial Park - I, David Evans &
Associates, February 6, 1985
Exhibit H - Letter From David Evans & Associates dated
March 26, 1985
Exhibit I - Sketches showing possible development of land
west of railroad tracks
. i 1 . (
ORDER NO.
8 4_ 5 4 7
ENTERED ' JULY 171984
CROSSING NO. FD -749.0
DOT CROSSING NO. 749 194 F
BEFORE THE PUBLIC UTILITY COMMISSIONER
Li/ft
OF OREGON e0 198
RX 99
In the Matter of the Application of )
_WASH.INGTON_COUNTY to prohibit the )
sounding of train whistles at the )
fully protected grade crossing of )' -
• Upper Boones Ferry Road and Southern ) ORDER
Pacific Transportation Company, )
Tillamook Branch, in Tigard (Cook), )
Washington County, Oregon. )
On April 27, 1984, Washington County duly filed a
letter application with the Commissioner seeking to establish a
"whistle -free zone," pursuant to ORS 763.035, at the railroad -
highway grade crossing of Upper Boones Ferry Road and Southern
Pacific Transportation Company, Tillamook Branch, in Tigard
(Cook), Washington County, Oregon.
Comments on the application were made by PUC staff
letters dated June 14, 22, and 27, 1984. City of Tigard and
Southern Pacific Transportation Company objected to the
application by letters dated June 5 and 12, 1984,
respectively.
By letter dated June 15, 1984, applicant withdrew its
application. No reason exists for further consideration of
this matter. The application should be dismissed and the
proceeding closed upon the docket.
IT IS THEREFORE ORDERED that the application of .
Washington County be, and hereby is, dismissed and the
proceeding closed upon the docket.
Made, enter- . effective /1 / ( �SL
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- •ca f . . ..j. �:1'
t ' <
GENE MAULDIN �/ • AULDIN
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\ Public Utility Commissioner
hep /09940 ,� `' \- ;:s ,� .
. - _ .. \ • a + i . i
PUBLIC UTILITY COMMISSIONER OF OREGON
VICTOR ATIVEH LABOR & INDUSTRIES BUILDING, SALEM OREGON 97310 PHONE (503) 378 -5542
GOVERNOR
•
June 27, 1984
SUN 2 9 1984
Ogles.; H Young
Spears, Lubersky, Campbell, Bledsoe,
Anderson & Young
Southern 'acific Transportation Company
800 Pacifi Bida
Portland OR :7204.
RX 99
In the Matter of the Application of WASHINGTON COUNTY
to prohibit the sounding of train whistles at the fully
protected grade crossing of Upper Boones Ferry Road
and Southern Pacific Transportation Company, Tillamook
Branch, in Tigard (Cook), Washington County, Oregon.
Southern Pacific Transportation Company's letter of
response and objection dated June 12, 1984, has been
received in the above -cited matter. We note copies
have been served on all parties in interest.
By letter dated June 5, 1984, City of Tigard entered
its objection in this matter. By letter dated June 15,
1984, Washington County (applicant) requested that its
application in this matter be withdrawn. By letter dated
June 22, 1984, PUC staff advised the parties in interest
that it would recommend to the Commissioner that an order
be entered dismissing this matter from the docket since
the applicant had withdrawn its application.
. W. Walling, Jr.
Crossing Safety Specialist
Crossing Safety Division
mc/94381 -1
cc: Earl Reed
John W. Gould
J. h. Young
Roger D. Trygstad
Fank Currie
William H. Shenk •
RECEIVED
JUN 14 1984
CITY OF TIGARD
BEFORE THE PUBLIC UTILITY COMMISSIONER OF OREGON
I hereby certify that the within ins-
trument is a full, true and correct copy
IN THE MATTER OF THE APPLICATION OF ) Rx _otAe or' 'n l and of the whole thereof.
WASHINGTON COUNTY TO PROHIBIT THE ) L 11A ,
SOUNDING OF TRAIN WHISTLES AT THE )
FULLY PROTECTED GRADE CROSSING OF ) RESPONSE AND OBJECTION
UPPER BOONES FERRY ROAD AND ) OF SOUTHERN PACIFIC
SOUTHERN PACIFIC TRANSPORTATION ) TRANSPORTATION COMPANY
COMPANY, TILLAMOOK BRANCH, IN TIGARD)
(COOK), WASHINGTON COUNTY, OREGON. )
Comes now Southern Pacific Transportation Company
(hereinafter "S.P. ") and for its response to the above application
objects to the same for the following reasons:
I.
LEGISLATIVE INTENT UPON GRANTING JURISDICTION TO THE
PUBLIC UTILITY COMMISSIONER.
When the Oregon Railroad Association conferred with the
Staff of the Oregon Public Utility Commissioner about the Rail
Section of that office assuming jurisdiction over the regulation
of the sounding of railway train warning devices, there was an
understanding that whistle -free zones would be established in
certain communities, such as Salem, Pendleton and The Dalles.
Those cities had, or soon would have, long corridors where all
public crossings were fully protected by automatic gates and
there were no private crossings. Orders of the Oregon Public
Utility Commissioner have subsequently been entered prohibiting
the sounding of whistles along the railroad main lines in the
protected corridors of those three cities.
At the hearing on House Bill 2840 (now codified as
ORS 763.035) before the House Transportation Committee on May
31, 1983, the thrust of this proposed legislation was succinctly
stated by Assistant Public Utility Commissioner, David J. Astle,
when he discussed the "Probable Implementation" of the measure
if it were enacted into law as follows:
"If this bill is enacted into law, I would recommend
that PUC regulate the sounding of whistles at crossings
upon requests from individual public authorities or
railroads. Taking the Salem area as an example, we
could, at the request of the City of Salem, establish
a whistle -free zone through the city as soon as the
remaining unprotected crossings are closed or fully
signalized.
"This approach, coupled with a rule covering standardized
signing on the railroad for whistle -free zones, would
seem to lend itself to both ease of enforcement and
compliance, reducing chances for confusion on the part of
railroad operating employees."
This same position was taken by the Oregon Railroad
Association and the Oregon Public Utility Commissioner at the
hearing on House Bill 2840 before the Senate Committee on
Transportation and Tourism on June 24, 1983. It was not the
intent of the Legislature, the Oregon Public Utility Commis-
sioner or the Oregon Railroad Association to apply this law
to individual crossings.
II.
MAKING THE STATUTE APPLICABLE TO INDIVIDUAL
CROSSINGS COULD CAUSE CONFUSION ON THE PART OF RAILROAD
OPERATING EMPLOYEES.
-2-
Southern Pacific Operating Rules require that a rail-
road whistle be sounded "sufficiently in advance to afford ample
warning, but not less than one - fourth mile before reaching a
crossing if distance permits . . ." For example, in Salem
where public crossings are approximately 200 feet apart, prior
to the OPUC Order prohibiting the sounding of whistles in that
corridor, this rule required a Southern Pacific locomotive
engineer to sound a whistle almost continuously as the train
passed through the heart of the City of Salem. If separate
orders were entered on each crossing and the locomotive
engineer were required to sound a whistle at some crossings
but not others, the locomotive engineer could become quite
confused. Undoubtedly, this is what David J. Astle had in
mind when he stated to the House Transportation Committee on
May 31, 1983:
"This approach (the corridor approach) . . .
would seem to lend itself to both ease of enforcement
and compliance, reducing chances for confusion on the
part of railroad operating employees." (interpolation
ours)
III.
REAL REASON FOR THE COMPLAINT.
Attached as Exhibit A is a copy of letter to the
Public Utility Commissioner dated April 23, 1984 from Earl
Reed, P. E., County Traffic Engineer of Wsshington County,
initiating this application. The County's request is made on
behalf of Mr. William H. Shenk, who resides at Space No. 55
-3-
of the Terrace Heights Mobile Home Park located at 15685
Upper Boones Ferry Road in Lake Grove, Oregon (not Tigard).
Attached as Exhibit B is a copy of certified letter from Mr.
G. W. Edmonds, Area Manager for Southern Pacific Industrial
Development Co., notifying Mr. Shenk that he must vacate the
premises. Attached as Exhibit C is a photocopy of the post
office return receipt signed by Mr. Shenk showing that he
received the notice of eviction.
If Mr. Shenk claims to be making the request for a
whistle -free crossing on behalf of all of the tenants in the
Terrace Heights Mobile Home Park, the enclosed newspaper
article, attached as Exhibit D, which appeared in The Oregonian
on May 24, 1984, will prove that all of the tenants in the
Mobile Home Park received an eviction notice similar to
Exhibit B. As indicated in the attached newspaper article, the
tenants in the Mobile Home Park have appealed to "federal, state,
county and city'representatives and agencies ". See attached
Exhibit E, which is a letter dated April 18, 1984, to U. S.
Senator Mark O. Hatfield written in response to questions of
his staff explaining the reasons for the closure of the Mobile
Home Park and listing the full disclosure made to the tenants
when Southern Pacific acquired the land in 1972.
CONCLUSION
We submit that:
-4-
(1) This application is an attempt to use the forum
of the Office of the Oregon Public Utility Commissioner as
another platform for a tenants' protest, and
(2) To grant the application for a whistle -free
zone at this single crossing would thwart legislative intent.
WHEREFORE, Southern Pacific Transportation Company
prays that the application be denied.
SPEARS, LUBERSKY, CAMPBELL,
BLEDSOE, ANDERSON & YOUNG
By ' 1 . 0 e by H. oun OSB No 49102
5 Y g
-5-
STATE OF OREGON )
ss
County of Multnomah )
I, OGLESBY H. YOUNG, being first duly sworn, say
that I am the General Solicitor for Respondent, Southern
Pacific Transportation Company; and that the foregoing
pleading is true, as I verily believe.
Pif
SUBSCRIBED AND SWORN TO before me this 12th day of
June, 1984.
Notary/Public for Oregon
My commission expires 8/9/87
-6-
•
lo• ISMS
W 1SHINGTON COUP'T'Y
■
Y` ADMINISTRATION BUILDING — 150 N. FIRST AVENUE
HILLSBORO. OREGON 97124
BOARD OF COMMISSIONERS DEPT. OF PUBLIC WORKS
WES MYLLENBECK. Chairmen ROOM 201
BONNIE L. HAYS. Vice Chairmen 5031 6188886
EVA M. KILLPACK .
JOHN E. MEEK
LUCILLE WARREN
83 -227
•
April 23, 1984
•
Public Utility Commissioner
Labor & Industries Building
Salem, Oregon `97310
Attention: Craig J. Reiley
Administrator
Crossing Safety Division •
RE: REQUEST TO ESTABLISH A WHISTLE -FREE ZONE
The crossing in question is located on Upper Boones Ferry Road between
72nd Avenue and I -5. I believe the crossing number is FD- 749.00. The
crossing is fully protected and, therefore, the sounding of the locomotive
whistle is not required. Please consider this a formal request from
Washington County in behalf of Mr. William H._ Shenk, #55, 15685 Upper
Boones Ferry Road, Lake Grove, Oregon, to establish the subject crossing
as a whistle -free zone.
vv
Earl Reed, P.E.
County Traffic Engineer
ER:hs /
cc: William H. Shenk ✓ •
EXHIBIT A
• an equal opportunity employer
February 27, 1984
AM- 12145- Terrace lleiatits
U.S. CERTIFIED MAAIL
Mr. Bill Shenk
Terrace Heights Mobile Home Park
Space No. 55
15685 Upper Boones Ferry Road
Lake Grove, Oregon 97034
Dear Mr. Shenk:
This letter serves as notice that Southern
Pacific Industrial Development Company, owner of Terrace
Heights Mobile Hone Park, will cease operation of thc par ?:
on December 31, 1984. You will, therefore, be required
to vacate your rental space no later than that date.
During the interim, we will continue to operate
the park in the same manner as at present. Monthly rental
for all spaces will remain the same.
So that you may have an orderly move from Terrace
Heights to a new home, we are giving as much advance notice
as possible. Mrs. Horton is available to answer any questions
you may have or to suggest other narks in the area to which
you may wish to make apnlication. Please feel free
to call on her.
It would help our planning if we had sone idea of
planned departures. Could you please return the enclosed
card with your approximate date of departure.
Thank you,
Wuci AL s1GN!D
GAWAMINMMMIS
EXHIBIT B
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41 • SENDER: Canplete Items 1. 2. 3. end 4.
Add your add= In Us "RETURN TO" -* •
spice on reverse.
(CONSULT FOSTMASTFJI FOR FEES)
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rerrace Heights, Sp. 55 • -
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EXHIBIT C.
,
West o
Mobile -home owners protest eviction
*ANN MITC EU • • .► , , v � . •' I , :is • .'•
41 Ile OwrrY•M 1�� .r .�J
TIGARD — Nearly flare months al. / : ,. ir ter receiving their evfetioo notice, Ken s ' . • • ✓ -I % .. { ;- / f • ~ . .' •. • j
�
• E. and Franke R. Stewart are still mom 'yard. , '
• moved than they are actually moving. ��� �r LY t 1 ' • 1
t The 65-year-old homemaker dabs at A !
1 ton as her husband. retired from the m a ,�� / ' •
a supply department of the Veterans Ad• .• 7 - 1 . " • ., . :
1• 'ministration Hospital, elks about the - ' _ .� ai -I • n,o: s • .- . r `
neighborhood's plight. b-dtig - i
r • Ken Stewart, 65, is chairman of the • -: r , . • ±t n
,
T errace Heights Emergency Action Mo- ..":::',,:'..".; . , • has owned the ♦.1 - i . •', ` ' ' s'
bile Home Owoers, an Ulociatioo ► ' _ "- `� r ' i r ' - r ,
t formed by the residents of this 56 -space ": a , " -s • a . � ' "" 5" ` ; ,sue
mobile-home park to fight the eviction. . , -i • • • • . , - tiZ
te S
t The rush of traffic along Intersta °: #"• -' _ • ' • I ow-
1 On the east and the roar of passing -. -.. -�; - •/ 1 . .r • , A;A : -1. 14, ~, r . � 4-"
trains t0 the northwest reverberate ' -_. 4¢' , - A �` a ` . • ;�• <'' ! ) f, ,•'•..--.;-,-r .- .
against the oat rows of long aluminum :� ._ � '> _t _S 9,:... - - "
houses. The coy yards are home and , d y� :Ili
. I , .,. e
s K en Stewart is leading the ►fight to stay N ., •„ y. s`.�'►„>.�! T a
The residenu were notified March 4,, •=� i ..-• v :• I . : - to i. . s • - e r;.{ c",
_
• 27 that they have until Dec. 31 to leave. . ¢ Y• ' - _;
• The certified letters came from South- '.‘ ti • — e t r i� , - = l a r .� r ,.! v; - .1
' ern Pacific Industrial Development _ , r • • . / : ' ' _ , -• •
t- •
Corp. of Portland, which !�f' �' • r "
1 ��.. 7 fir - ' . !/
, 30- year -old mobile-home park for 12 , 4-; - ' �-'• t fi • ..
years. `:S • ' �,.. _i , . f 1 .. ° r . • Parry P� develop ''' . . , Ii..- • J' ..5-_- ,
, The company to deve the Y �r , 1 .
A ;• 40th • • ',.:,� r - 'r ? s'
10 acres for industrial sites, u it has 23 �' ' A �� .
adjacent acres, according to Gerald W. 1‘ . ., b 5 w ` L) sj "�ri•V:
Edmonds. area manager with the corm- t ,
ration. He nays that 10 months 4 mufti- .--f- J • -' ' , � •'', } -, , • VINAN , ` 9+ ? dent notice o the mobile home owners is • v o I f �;`T - � .. The Stewaris and their neighbors . . .s.- a . A ,� ' i . • ! • , �� - • Y -i• : -
ranging from several hundred to a mu- - -vf: - 1 , • . r. • . e . -'h-: ,. 1. t _ -,
-.:',1: # • 4. - c, • � � ' ' �r •• ? ' o - of mobile parks, most of which are thousand dollars and with l dearth are un- 4 - , , ! ' + • . : - ' .
willing to accept older, single - wide ,. + t • ` ; - 01 d i , • 4
homes. ;
"We have oo contention with their �= s � t ° . ;•c • • .. - : . • right to their land," Stewart mid. "As - • • •' - ' a • 'fi g* '+ " ' -. • � 1 ` Ae ' ; ' .
the law stands, they can do what they The degori ^ntoSEPIT niter
want to — put you out and you shift for FIGHTING G00DBYES — Ken E. and Franke R. Ste - Home Park, are leading protest against eviction for in-
your own We're looking at the humane wart who have lived 19 years in Terrace Heights Mobile duStrial development.
tom•'
He casiders It inhumane that the
park's residents aren't being helped move in Juste week or two before the "What gets me is that other courts very cooseiooable thing to do. It's like
with relocation costs. A survey taken by eviction notice came, will not take mobile homes four years dear - canting a forest — tike people
Stewart shows 1 median yearly income "The operator manages the park o0 or older — they don't want 'em. I feel mean nothing," Feld mid.
of 811.000 for singles and 813.000 for l d bum, but the decision to sorry for the other people here. I don't The dty rezoned the property from
married COUPles — with some tiviog 00 dose it came independently of the oper- think the railroad should be in anything industrial to residential in November
u little as 8250 a month. ator's dec1 oe to lease," Edmonds said. but the railroad business — not the real- 1983 so the designation would conform
"We didn't like seeing what hi hap- "She did not know, and the decision to estate business. They should move the with ire use. Edmonds mid that this
pening to all these people — some don't dose was made very quickly. people though, find 'em another let," summer be probably will ask for a corn -
know what they're going to do," Frank- "we've given sit months In addition Johnson said. prehensive plan and zone flange to
fie Stewart said. "They're like family, to what sure law requires," be mid. "1 Harry C. Field. 49. a self-employed have it changed back.
sod we didn't think we could desert think that's sufficient." damage inspector. has lived in the P ark The Stewarts have muted their reel-
Frank W. and Ruia J. Johnson. both eight years. *ion io at least 80 letters to federa:.
"We don't think we should help over 60, m y they are paying 00 to help "In spite of the location, at one time state. county and city representatives
with moving expenses?' Edmonds mid. their neighbors. it was a little dell ... relatively quiet — and agencies.
"We acquired the park in 1972, and at "There's a0 many bere that's on re- a very livable location. It seems to me
the dme our intent was to develop It• bef, that don't have enough money to when a corporation like Southern Peril- How does the publicity make Ed-
Our remals (8120 per month) have move or enough income to save up to is can control land -use planning In the monds feel?
trailed the market and continue to do move Dec. 31. There should have been city and move out 56 homeowners — "1 really don't have much feeling for
•t least a year's notice:" said the retired some of whom aren't really financially it." be said. 'They're entitled to do what
The Stewaris also think It's unfair trucker who his lived in the park 14 oe emotionally capable — in the name they want — there's not much we can
• that new residents were allowed to year of economic development_ this isn't a dot() stop it.'__
Nr' D 24:. G On)/ e r•-1 i ,744 7_4 /4 8 I.
•
EXHIBIT D
April 11, 1,84 •
The tonorablf Bark O. iatf ield
Ploafer Courthouse, Room 119
Portland, OR 97204
Dear Senator oattieldc
This is in response to your letter of April 2. 1984,
expressing concern over close the ytraoe Mobile dos Development
Company's decision Park
in Tigard, Oregon.
V. are very much aware of the difficulties facing the
tenants of the mobile bon. park and you can be assured that care-
ful thought and consideration was given to the Deeds of the tenants,
prior to our nailing the official aotioe of termination.
of the mobile home park is required to permit c development acquired t97
f with
property to a higher use. the property 197 tine.
the express intent of pursuing development at the approp
There was considerable concern expressed by the tenants et that
time and we were completely candid
that the mobile parkuvvuld lans.
In 1972, we did sot anticipate
tinue to exist for as long as twelve years.
In an effort to assist the tenants, we elected to give
ten sbnths notice of termination, stenantsa7consultivitr
by State law. We have also suggested that the
the manager of the park to see it abe bas any suggestions regarding
relocation Possibilities. livy and response
ave again have
re- examined corporate yo
possible for us to offer financial assistance.
It has not been e i svitaLl• that thatetissenMOVldllvos sire to create
of the tenants, however, it was
come. it is our sincere d l s tbff des and vill
cation will relieve sows o
tine for all tenants to make the necessary adjustments.
Tours very truly,
04 %; Signed
D.C&we _._
EXHIBIT E
STATE OF OREGON
ss
County of Multnomah )
I, Phyllis M. Thorne , being duly sworn,
depose and say: (1) I am a competent person over the age of
18 years and a resident of Oregon, and I am not a party nor an
attorney in the proceeding entitled Response and Objection of
Southern Pacific Transportation Company
xxex Before the Public Utility Commissioner of Oregon
and bearing docket number RX - 99 in said court;
(2) I am a person regularly employed by Spears, Lubersky,
Campbell, Bledsoe, Anderson & Young, with offices at 520 S. W.
Yamhill Street, Suite 800, Portland, Oregon 97204, who are
attorneys for Southern Pacific Transportation Company
in said proceeding; (3) On June 12 , 19 84 , I
served the foregoing paper upon the persons listed below
in said proceeding by mailing a true copy thereof
to the larixtrazweyxxxxxfc5r said party at his/tileckr last known
address:
Earl Reed, Traffic Engineer Frank Currie, Director of Public Works
Dept. of Land Use & Transportation City of Tigard
150 N. First Street P. O. Box 23397
Hillsboro, Oregon 97124 Tigard, Oregon 97223
J. K. Young, Regional Engineer William H. Shenk
Southern Pacific Transportation Co. #55 15685 Upper Boones Ferry Road
251 Union Station Lake Grove, Oregon 97034
Portland, Oregon 97209
Roger D. Trygstad
Railroad & Utility Engineer
Oregon State Highway Division
Transportation Building
Salem, Oregon 97310
,.
SUBSCRIBED AND SWORN TO before me this / 2 ` ` day of
June , 19 84. /
/2es a
Notary Pub • c for Oregon
My commis ion expires 7/42/82
Spears, Lubersky, Campbell,
Bledsoe, Anderson & Young
520 S. W. Yamhill Street, Suite 800
Portland, Oregon 97204 (503) 226 -6151
AFFIDAVIT OF MAILING 1/83