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Untitled (11) 7. POrKrT LIST OF RAILROAD OFrICIALS ' ' 1��' I F- 406 -FirdS07 COrPDC;�t-a RAILROAD_ 50 Killstone Road Suite 200 Cranhur NJ 0851?-2822 800 ?�i-5488 ; Fax: ( 6391 371-7723 4 2001 Yelm Roy Prairie Line M s . �h pily A. 9a d 7-C Yelm City Administrator 105 Yelp Ave. West P.O. Box 479 Yelm, VA 08597 Enclosed is a nrintout showing our --omQanvls listing as it neared in the THIRD QUARTER 260-1 FREIjHT' RAILROAD SECTION 1i rW ' TEPOCKET LIST OF RAILROAD OFFICIALS . Please make any necessary corrections , check the anprDpriate oox ( es ) below and return thicz letter and printout to us. Plaase FAY, to Data Dept. at 609-371-7723 . I have veri fiea thLn- reooct of our compan ' s. ) Corrections ons inl/br additions have been made. -x ) Tnformajon is correct as snown. '�j Name L4 Title: _ ku L ("A-47dAD ------------ . j , '. , -------------- -------------------- Yes ! I would like to subscribe to POCKET LIST OF RAILROAD OFFICIALS. Please senl me subscrintion( s) at the annualrice of $189 per � subscription plUg-�Mippinq and handling, ( $18 for U. of $30 for International ) . I onal ) . Yes ! 1 *could like to find out about advertising in this directory. Please contact me. Are we sending this Data Reguest Form to the proper individual? ------------------------------------------------------------------------------- P L E A S E ' R E T U R N L I S I 1 9 G B Y JUNE 271, 2001 -------------------------------------------------------------------------------- POCKET LIST OF RAILROiD OFFICIALS-FREIGHT RAILPOAD SECTION PAGE : 2 Yelm Roy Prairie Line COTPAN7 ID: 77112 ------------------------------------------------------------------------------- COMPANY ------------------------------------------------------------------------------- CODE STAT' CITY YPPL kA SEATTLE NAME: Yelm Roy Prairie Line SUB-NAMF : . . . . . . . .. . . .. . . . . . . .. . . . . . . . . . . .. . . . . . . .. . . . . .? ADnRESS : 10516;10: 000 P.O. ?ox 479 CITY STATE: Yelm WA Z;P CODE : 98593 PHONE: 360-458-8405 Fax : 360-458-4348 ------------------------------------------------------------------------------- . . . EuipMENT ---------------------------------------------------_--------------------------_ -- Track biles: 4 . 57 ------------------------------------------------------------------------------- COMPANY PERSONNEL ------------------------------------------------------------------------------- PERSONTEL ID : 132823 SEQ# : 00010 , P000 Y OFFICE: 000000 FR /MS/NIRS: Ms. JOB CODE: 02 NAME: Shelly A . Badder TITLE: Yelm "it Administrator PHONE: 36O W-8405 E-Mail: sheliviyelmtel.com ADDRESS: 105 Yelm Ave. Kest P.O. ?ox 479 CITYSTATE': Yelp WA ZfP CODE: 98593 Pr 'a TIDE POCKET LIST OF RA LROAD OFFICIALS 10 Lake Dr.,Hightstown,NJ 08520-5397 � �l Date: March 7,200.1 To: Shelly A. Badger Yelm City Administrator 6 From: Peter Coleman Data Manager f J Dear Ms. Badger: I am faxing your listing as it will appear in the Third Quarter Pocket List. Please review and make any necessary ohanges and fax to the number below. My fax number is 609-371-7723. Any questions call me at 800-221-5488 ext. 7824. Thank you TOTAL PAGES TAXED 5 ti POCKET LIST OF RAILROAD OFFICIALS 10 LAKE' DRIVE HIGaTSTOWN } Pfd 06520-5397 i Yelm Roy Prairie Line 'Ms. Shelly A. . B413ger lelm City Administrator 105 Yel.m Ave. west P.O, Box 479 Yelmy WA 98597 Enclosed is a, or ntout showin ypour conppanYY■s listing as it will a pear in the 'THIRD QUARTER 2 01 FREIGHT RAILRG�AD SE..TIaN. 0 ` THE POCKET LIST 0? RAILROAD OFFICIALS. Please make any necessary corrections, check the appr,priata noxtes ) below and return this letter and printout to us. THIS IS A FREE LISTING. . .. Please FAX to Data Dept. at 609-371-7723. I have verified the report of our co'npany listings. f ) Corrections and'/or additions nave been made. lis correct as shown. Name : • f� I� 1,, R Tjtle:. ..,4/J� �_ 1 ✓'�f Late: Phone: f ! 7---7- Yes !- 1 would .like to subscribe to "PDMKET LIST DF RAILROAD OFFICIALS. Please send me ____ subscript onts) at the annual price of $'189 per subscription plus s ipQirag and ha.n3ling ISIB for U.S. , $30 for Internatiornal ) . Yes? Z would like to find out about advertising in this directory. Please contact me. Are we sending this Data Request Form -to the proper individual ? ------------- -------------- ------------- ----- --- ---------- P L E A 'S E R E T U R N L I S T I N G B Y MARCH 12,2001 .. ...--=--------------------- -------------- --•---------------------» POCKET LIST OF RAILRDAD OFFICIALS-F'REIGH'T RAILROAD SECTION PAGE 2 .Yelm Roy Prairie Lane COMPANY ID: 77112 ----- - ------------------ --- -- _----------,,.:,-, ------------------- C'OMPANY ----------------------------------------------------------------------------- CODE STATE CITY YRPL TSA SSATTLE N'AM'E. Yelm Roy PC'.airie Line SUB—MAKE :e • .• . .•, r.:60009'000 -VV i . ■M r .e.•. ■ . . •.• • • • M • r... • • •• •,• ** Does * ... •? :ADDRESS: 105 Yelm Ave. West P.O. Box 479 CITY , STATE; Yelm HA ZIP CODE; '98591 PHONE: 360-458-8405 Fax; 360-458-4348 ------------------------------------ -----------------,-------- ------ -- E¢l1?PMEhtT . ------------ T ---- -----AIS-pYil--IAM---WY-rY1i1r-- Yui----------------iiY1111,----------------- Trac& Miles: 4 .57 COMPANY PERSONNEL ---------------------------------;------------...,....»---,.---,,.w.------..-........-------.......,— PERSON'XEL ID: 132823 SEQ# : 0001D PROOF: Y OFFICE: 000000 MR/MS./MRS: N JOB CODE: 02 NAME: Shel1v A . Badger TITLL: Yelm City Administrator PHONE 36,0 -458- 405 E-mail: shelly@yelmtel.com ADDRESS: 105 Yelm Ave* West P*O. Bax 479 CITY , STATE: Yelm WA Z71� C017E':. 9$591 2 TRANSMISSION VERIFICATION REPORT TIME 93/1212001 09:17 DATE DIME 03112 09:16 FAX NO./NAME 16093717723_ DURATION 00:00:40 PAGE(S) 02 RESULT OK MODESTANDARD ECM The Pocked List of Railxoad Officials Subject E-Mail and Web Site Addresses Dear Ustee: As Associate Data Manager of Tete Pocket List of X-aifroad Qffdcials, part of my responsibility is to i_mure that we are listing the most accmaze information.iu regari to each company's fisting. I would very much appreciate it if you could review the personnel listing(s) on the enclosed proof and provide a-zuaii addresses where applicable. Also, please include your company's web site,address It is my goal to keep the Pocket List of Railroad Q cials a valuable reference tool to the rail iza ustry. Thanks for your help with this. w Sharon Brien--3: am Associate Data Mawger r THE POCKET LIST OF RAILROAD OFFICIALS 10 Lake Dr.,Hightstown,NJ 085205397 Dear Listee: Attached is a proof of your FREE listing in The Pocket List of Railroads Officials.As you know,The Pocket List of Railroad Officials has been iu print for over 100 years and has become the bible of the industry.It is an indispensable link among railroad officials and between railroads and their suppliers. We rely greatly on your support in order to provide the most up-to-date and accurate information to our readers. Please make the appropriate corrections and additions to the attached proof and return it to us no later than March 12,2001.This will ensure.that your railroad will be accurately represented in the next edition of The Pocket List. Upon publication, a copy of the next edition to The Pocket List will be sent to your Purchasing,Mechanical,Engineering,and Communications and Signaling officials, at No Charge. Once again,our deadline is March 1.2,2001. If you have any questions about your proof, please contact Pete Coleman at 609-371-7824 or 800-221-5488 ext. 7824(Outside New Jersey). Thank very mulch for your time and for helping us make The Pocket List an indispensable resource. Sincerely, Pete Coleman Data Manager OFFICIAL RAILWAY EQUIPMENT REGISTER Date: April 20, 2001 Dear: Ms. Shelly A. Badger Yelm City Administrator As the owner of Reporting Mark YRPL, it is vital for your equipment to be register in the Official Railway Equipment Register. The Register is used by freight agents and car clerks to identify the characteristics of freight and tank cars. Characteristics include size (internal dimensions, door opening, and other aspects that affect car loading); internal equipment, such as loading racks and other details. The Register also is the one source of information in regards to car billing, remittances, bills repairs to cars damaged or destroyed, freight connections and junction points, and home points (private cars only). The Register includes the addresses,telephone numbers, and contacts at particular railroads and private line companies. I have entered your company's information into our database for inclusion in the July 2001 issue. There are several items enclosed: 1. A printout showing your company's information in regards to your Reporting Mark information. The information in regards to car numbers and characteristics of your equipment will be included on the tape we receive from Railinc. 2. A page for approval to list your company and also where to send the bill. 3. Forms for Power of Attorney (Railroads Only) 4. A sample page of how the information will appear in the January issue. 5. A rate sheet listing the cost to register your company (the rate is for 4 issues). If you need more information please contact me at 800-221-5488 ext. 7824. Thank you. Peter Coleman Data Manager Coleman; Pete From: Bob.Burkhart@railinc.com Sent: Tuesday, March 06, 2001 3:30 PM To: levine@nmfta.org; leo.constantine@stb.dot.gov; irean.lewis@fra.dot.gov; Sandra.H ladick@railinc.com; pcoleman@cbizmedia.com; mreilly@asirra.org; gozburn@asirra.org; Robert.Burkhart%RAI LIN C.net@railinc.com; Bpague@aar.org', dkeen@aar.com; dmiller@aar.com; Shiroon.Rahim@railinc.com; Gina.Forrest@railinc.com; Gary.Held@railinc.com;Tom.Warfiield@railinc.com; John.Nugent@railinc.com; Don.Mirante@railinc.com;Wilda.Freeman@railinc.com; Rick.Hobb@railinc.com; Jim.Moran@railinc.com; Frank.Dunleavy@railinc.com; Susan.Smith@railinc.com; Michael.Wearing@railinc.com;Alice.Bjork@railinc.com; Pamela.Becker@railinc.com; Joanne.K.Miner@railinc.com; Lynn.Schoenfeld@railinc.com; sobrien@cbizmedia.com; Larry.Minor@railinc.com; Sharon.E.France@railinc.com; miacosta@nscorp.com; jell good@cpr.ca; barbara_newbern@csx.com;james_lange@csx.com; ceceille_poole@csx.com; roman@alk.com; Larry.J.Titus@kcsr.com; gait fenner@csx.com; Tim Poineau@dsx.com Subject: YRPL-079 Assigned ATT08859.bd ASSOCIATION OF AMERICAN RAILROADS John J. Carroll Senior Asst.Vice President-Business Services March 6, 2001 File: RM-The City of Yelm Washington d/b/a Yelm Roy Prairie Line YRPL-079 Mr. Stephen L. Day/Taro Kusunose Attorneys for the City of Yelm,Washington 8001 Financial Center 1215 Fourth Avenue Seattle,WA 98161-1090 Dear Messrs. Day and Kusunose: I have received your payment for the assignment of reporting mark YRPL. Reporting mark YRPL and AAR Accounting Rule 260 code number 079 is hereby assigned with the effective date of and SCAC inception date of March 1,2001 to Yelm Roy Prairie Line, a Class III rail carrier.Those codes should be shown, as applicable, in all tariffs in which the new railroad participates. have also received the following documents: 1 Att08859 • AAR Interchange Agreement. • Copy of your .Surface .Transportation Board Finance Docket Number 33 961. • Operating address and telephone number of an officer of the new ra ilroad who will be the contact for other railroads and for placing on our mail ing list. You have indicated the following person should be added to ou r mailing list and will be the contact person for inquiries from railro ads: Ms. Shelly A. Badger Yelm City Administrator City of Yelm, Washington 105 Yelm Avenue West P. O. Box 479 Yelm, WA 98597 Tel: (360) 458 ? 8405 Fax: (360) 458 ? 4348 E:mail shelly@yelmtel.com • Approximate miles of track to be operated. 4.57 miles of track located between Milepost 20. 99 near Roy, WA. , and Milepost 25.56 near Yelm, WA. in Pierce and Thurston Counties, Washingt on. • Name of any interchange carrier(s) that the new railroad has enter ed into agreement with for the interline receipt, delivery of equipment and t he point(s) of interchange: BNSF at Yelm, WA. • Date or approximate date that the new railroad will begin operatin g• Scheduled to commence operations on or about March 1, 2001. As information for those receiving copies of this letter, AAR Acco unting Rule 260 code number 079 has no record of prior use. The assignment of these reporting marks is based in part on your N otice of Exemption filed with the Surface Transportation Board (STB) on behalf o f the . Yelm Roy Prairie Line. If at any time your authority to operate is den ied or Page 1 Att08859 revoked .by the STB, the AAR will follow-up by canceling assignment of .t he marks. If you have any questions, please contact Mr. Robert Burkhart with RAILINC at (919) 651-5004 or email: Robert.Burkhart@railinc.com Sincerely, John J. Carroll Page 2 TIDE OFFICIAL RAILWAY EQUIPMENT REGISTER° Filed with the Surface Transportation Board,the Canadian Transport Commission,and the Individual State Commissions JULY 2001 ISSUE 10 LAKE DRIVE HIGHTSTOWN, NJ 08520 3 609-371-7824 k CLOSING DATE: 5 P.M. May 11, 2001 INSTRUCTIONS: Your company's proof from the current issue is enclosed. Please return-proof, with or without changes, on or before the closing date. All changes must be made on enclosed printout. * EQUIPMENT TABLES Please see reverse side for Instructions regarding equipment tables. * Car numbers must be added or deleted from UMLER file to reflect change in ORER (See No. 3 on reverse side) TEXT 1. All changes in text portion of registration should be made directly on the enclosed printout. 2. All company name changes must be authorized by the AAR before change appears in ORER. 3. OFFICIALS IN CHARGE OF: (For listing beginning on OFFICERS-1) All changes in the Officials in Charge of Various Functions, should now be made on the enclosed printout. 1—Maintenance of Rolling Stock 6—Embargoes and Reroutes 10—Inter-line Freight Accounts 14—Trailer Distribution;including 2—Requisitions for Material to 7—Car Records,Including Car 11—Mileage and Car Hire-Remit to Supply and Use of Trailers Repair Cars Movements and Locations or Drawn on 15—Clearances 3—Bills for Repairs 8—Mileage or Car Hire Reports 12—All(other)Communications and 16—Heavy Load Coordinator 4—Reports of Cars Re light- 9—Freight Claim Accounts, inquiries 17—OT-5–Loading Applications, weighed on Foreign Roads including inquiries on Status of 13—Diversions,including Requests see page OFFICERS 21 5—Car Distribution,including Claims For and information Supply and Use of Cars REPORTS ARE TO BE SENT TO OFFICIAL INDICATED BY NO. NAME TITLE ADDRESS NO. Submission of car information for publication is made in compliance with all applicable provisions of Association of American Railroads'Circular No.OT-5-1. APPROVED BY COMPANY DATE IMPORTANT NOTICE TO ALL. REGISTRANTS Please Read Before Preparing the Enclosed Proof 1. The car dimensions and characteristics in your registration in The Official Railway Equipment Register (OBER) are being taken directly from your submission to the Association of American Railroads' (AAR) Universal Machine Language Equipment Register (UMLER). 2. Attached is a proof of your registration for the July 2001 issue of the OBER, 11, 2001. for return to us by 5 P.M., May 3. If you desire-to make any changes, additions, or deletions in individual car numbers or specifications, it will be necessary for you to make these changes in your normal UMLER updates forwarded to the AAR prior to Midnight on May 31, 2001. 4. All changes in AAR Mechanical Designation, AAR Car Type Code, Inside and Outside Dimensions, Side Doors, Capacities, and Number of Cars'Column, as well as the Plate Designations C, E, F, F+, or H shown at the very end of the Description Column will be obtained directly from the UMLER file. 5. All cars in the UMLER file will be added to your registration automatically under existing series when these series match the specifications shown in the UMLER file. Car numbers not matching existing series will automatically be added to your registration with a minimal description such as box, hopper, gondola, etc., where this information has not been furnished to us by you. 6. It will be necessary for you to review two columns on the attached equipment printout showing the Description Column and the Numbers Column. This information is not obtained from the UMLER file.Any changes you desire to make in the Description Column should be made on the attached equipment printout.Any changes in the grouping of cars into series should also be made on the attached equipment printout. Please note on the printout that for groups of secondary numbers only the first number in the group is shown for reference. Because the entire grouping of secondary numbers is constantly changing, secondary numbers are obtained directly from the UMLER file each quarter. 7. Advanced-registered cars:All cars submitted for inclusion in the UMLER file by May 31, 2001 will appear in the July 2001 issue of THE OFFICIAL RAILWAY EQUIPMENT REGISTER (OBER), including cars advanced registered:through August 2002. Cars advanced registered beyond August 2002, will not appear in the July 2001 ORER except on written notification. If you desire to show in the July 2001 ORER cars advanced registered beyond August 2002, it will be necessary for you to furnish us with a letter indicating the date to which you desire to advance register your cars. Cars cannot be advanced registered for more than one year. The time frame indicated in your letter will remain constant for future issues of the OBER until written notification is received to the contrary. The actual total number of advanced registered cars will be shown in the "No. of Cars" Column. 8. ForAAR Mechanical Designations ending in an"S",the Description Column should show the particular special equipment proposed for the cars. For AAR Mechanical Designation "XP"the Description Column must show a brief description and the particular kind of lading for which the cars are intended. Class "N"cabooses and Class "MW" maintenance of way equipment are summarized in one line only, showing the total number of cars for this type of equipment. The person who updates the registration proof BILLING be the samepers receives the invoice and this causes some confusion. We would greatly appreciate your taking hetime to complete the billing information below, if necessary. Company Billing Person Title Street Address City/ State /Zip Telephone ORIGINAL POWER OF ATTORNEY FA2 No. Cancels FA2 No. ti Name of Carrier) ' tMad Adaressi 19 (Date) Know All Men by These Presents: That the has made, constituted, and appointed, and by these presents does make, constitute and appoint R. E. R. PUBLISHING CORPORATION its true and lawful attorney and agent, to file in its name, place and stead, (1) for it alone, and (2) for it jointly with other carriers, freight tariffs and supplements thereto and successive reissues thereof, as required of common car- riers by existing laws and regulations established thereunder, but only as-hereinafter specified: THE OFFICIAL RAILWAY EQUIPMENT REGISTER. And does hereby give and grant unto its said attorney and agent full power and authority to do and perform all and every act and thing above specified as fully, to all intents and pur- poses, as if the same were done and performed by the undersigned carrier itself, and does hereby assume full responsibility for the acts and failures to act of said attorney and agent. (Name of carrier) By . Its (Title) Original Mailed to: R. E. R,PUBLISHING CORPORATION 10 Lake Drive Hightstown, NJ 08520 DUPLICATE POWER OF ATTORNEY PLEASE RETAIN FOR YOUR FILE •— FA2 No. Cancels FA2 No. - e (Name of Carrier) (Mail Address] 19 (Date) Know All Men by These Presents: That the has made, constituted, and appointed, and by these presents does make, constitute and appoint R. E. R. PUBLISHING CORPORATION its true and lawful attorney and agent,to file in its name, place and stead, (1) for it alone, and (2) for it jointly with other carriers, freight tariffs and supplements thereto and successive reissues thereof, as required of common car- . riers by existing laws and regulations established thereunder, but only as hereinafter specified: THE OFFICIAL RAILWAY EQUIPMENT REGISTER. And does hereby give and grant unto its said attorney and agent full power and authority to do and perform all and every act and thing above specified as fully, to all intents and pur- poses, as if the same were done and performed by the undersigned carrier itself, and does hereby assume full responsibility for the acts and failures to act of said attorney and agent. (Name of Carrier) By Its (rtlel Original Mailed to: R. E. R. PUBLISHING CORPORATION 10 Lake Drive Hightstown, NJ 08520 THE OFFICIAL RAILWAY EQUIPMENT REGISTER RR-1 RAILROADS AND RAIL EQUIPMENT 2 Aberdeen and Rockfish Railroad Company, Reporting Marks—AR 7-97 Uniform Alphabetic and Numeric Code—AR'-9 GENERAL OFFICES:P.O.Bos 917,Aberdeen,NC 28315(910)9444341;Fix(910)944-9738 GENERAL OFFICERS E.A.LewFs,President Aberdeen,NC 28315 P.T.Mckde,W&Presiderrt• Pettrrq 5anOtst Secretary,Treasurer,Auditor-Freight Aooanb, Aberdeen,NC 28315 1 f�&,r E•�A x Fa Nc 1s Was oI Road:Operated,47. Equipment Locorr& es—drew,8. FREIGHT EQUIPMENT Can are m&W'W and are mnbred rd dmsfad as btb.c A d0.DfsCRFT1OM AAA t4t716ER9 DruFaaro4B Cu CAPACITY tb DOORS OL& d e Doty Cods UNO 1Atlt IleipM wkm OUTI hom Rei 56 led (Opp) Cars No, Hsi" k Er- En-n To ie 6ws To 1Y1dit71t Fd a T�d YtM Eimer Q Tap d Esen dYt� P las ► OPerr9See Eorwom PVw br AbLnyWax d b}ntloY R h !<h Il h 1L h IL-h R h IL h R h R h R h AR 1 Sol.St A332 105-IN 50 6 9 6 10 7 55 7 10_ 10 8 5 4 14 4 15_ 10_ 911 5077 154 16 2 )al Bo;SL ^� 8314 1021,108 50 6 9 8 10 7 55 7I 10._ 10 8 5 4 14 4 15. 10_.I 9 1 t 50771 154 8 TQ31•tOJJ 1039, 10q IN 3 (ia+i Tali 6515 OD00.00N 1152 61 9 61 4 01157 11 10 71 10 71 8-1 8 11 8 211_ -I- --11 22441 .199 25 49 Send bib for ra0r&mqued Medals gd rods 01,=cr destroyed--10 ars b Abenieen and PodQsh Peiroed Coc pony,P.O.Bmr 9t7,Aberdeen.NC 28311 � tr P n+tae9e ar per dem b PerrAu6Ax,P 0.Bos 917,Aberdeen NC 28315. F.qemy 8ergiet,Treasurer,P.O.Bac 917,Abades�c>.NC 26315 or tr-m Penny Bwcist Traasus,th-*Nabors B&*Fay9drA1 ,Nd FREIGHT CONNECTIONS AND JUNCTION POINTS- uftm CSz rarteportatlo„ I a dare I Lawinhd•Na Swftm Ift a°yea`aSOe NC Dom° Adrian & Blissfield .Rail Road Company Reporting Marks—ADBF 1'94 Uniform Alphabetic and Numeric Code—ADBF-024 GENERAL OFFICES:708 East WNW SL,Alien,AY 49221(517}2833628 FREIGHT EQUIPMENT Cas am ffarW'ADBF'and am mvtww rd desadled r blot I MMWL DESCRFTION AAR tllJiBEFi3 DWENSONS n Deip cat k5>CE AUTWE pp>()pS Obc lbc d No.. Cad Lsrph Wdh Heo I WkM ham Rei 5de Fed (ppp) Cgs k Era Ed-r To To Em To MAdh Hr a To➢d Wk1i Ee-r v i�of Emm .1 Fd w° /Ai Hide OW9 OW9 See E*lsrrflar Pagn bAbberiskrr 8 SkrrboYR h R h R h A h R'h R h R h R h R h IL h &h, ADBF t F9 Wt C F241 100.131 52 8 9 41010 6010 911 911 14 5 311 15 1 163 20 2 FB Rd — C F241 103,108 52 8 9 4 10 10 80 10 911 911 14 5 311 15 1 _ _I_ •�_I 182 9 11%121, 1A 128, 138.137,13 3 - C F241 108;113 1152 81 9 41 10 1011 80101 9111 9 111 14 51 3 11115 111_ _ 1 _11__ 1 161 11 115,14 MIA 129,133, IA 12 4 mm TOW 57 Total 97 C«p i'iin H iaurel Perk `�s 1 b�,a ng� tlas for=L red d b Tax c«P.(�jk r•�1 pr+,wVKL t er a,ineF @**ffwr b CWR Tr,rtepMWM Cm do(AGENT)Toot EQ*.wg DriveLiyor>w ha 48152 TeMplraa(313)91-7733;FAX(31311.7774. FREIGHT CONNECTIONS AND JUNCTION POINTS I%MI MMMem I I I The Offlucimal a Equimpent Regimster . . . ' REGISTRATION RATES Rates Eff6ctive July 1., 2000 Fled with,Surface Transportation Board,the Canadian Transport Commission, and the individual State Commissions i At Least But Less Than Nominal Space Annual Cost* 1 inch 2 1/2 inches minimum $365** 21/2 inches 3 inches 5/20 page $470 3 inches! 3 1/2 inches 6/20 page $510 3 1/2 inches 4 inches 7/20 page $540 4 inches; 4 1/2 inches 8/20 page $585 4 1/2 inches 5 inches 9/20 page $635 5 inches 5 1/2 inches 10/20 page $685 5 1/2 inches 6 inches 11/20 page $730 6 inches 6 1/2 inches 12/20 page $780 6 1/2 inches 7 inches 13/20 page $8i0 7 inches ! 7 1/2 inches 14/20 page $855 7 1/2 inches 8 inches 15/20 page $900 8 inches 8 1/2 inches 16/20 page $935 8 1/2 inches 10 inches full page $1075 r * Annual cost covers four issues ** Minimum space,for registrations containing no equipment Commonwealth Business Media, Inc.,10 Lake Drive,Hightstown,NJ 08520-5397•(609)371-7824,Fax(609)371-7723 � , 836 ' �6�86VM mla� 64b «o8 ^O^J ^IsaM ^a«VmlaA GOT | /` | 3T ^ uTmPV l�3 mlaA ^Aab �l Prv ^115yS , 3 V6 . 8T6 | 8T6 3 ' O60TT9T86VM al��paS4��»o�� QT3T ^�al«a3 Ip�zoe«�A TO08\ ' aull ajATpj6 mo8 mla� abpd aaS ^suo��pzTlddV b«TPpol - �-lO-�T slAoda8 - A0zpujpA003 pool /(/`paH-9T suo��pzol pup sluamaAoW Ap3 Bu-!: sa3upApal3-GT sa� sAalipm io asO pop /<lddnS bujP»lzuI ^ uoij»qiAjsIO JalMAl~hT anba8 b«� » zI so�s�a/ �-2T s�p �o asO pup / lddnS buipniz« uoTIpmoluI A01 sIs sppo8 ub�a�o� uo palqb�am�qo�l salAInbuI pup suollpzTun«m��3 (Aa4lo) llV-3T ` uo mw(l AO 01 jTma8-aA"HbAp3 Pup abpal�W-TT s�p3 ��pda8 o� 1p��a� sjunozzV �q TaIA aull-Aaf«l-0 � �1zo�S nu sm�pl3 �o sn�p�S uo sa��nbuI bu�pnlzuI ^s�unozzV m�pl3 �qb�a��-6 :AO 398VH3 NI S833IAAO ONV S]NIl NOIlVl8OdSNV8l=ONV=S3INV6WO3=8V3=]l . / 19 09 aA pjupS uAaqljoN u016«TlA»8 . ' T3 . :«p' ' 8h2h-8��(O92) GT 3 | � ��O�8-8��(O92) O6�T-T9TB6 VM ^all,paS ^ ^a�V 4��»o� GT3T ^�ajua3 1pjz«puTS T0O8| ` TO-W 8O \ 6/0-MU t'T | SAW 2T | OT ' aull aTAIpAd Ao8 mlaA � . � #1]]H ---'------ ] 1 V U J O 1 X ] l ------------'-------------0133M-3% ------------------ T003 ^ TT AVW SI ]DSSI T003 xlOr ]Hl 8[ 0044-M2 (609) O3980 PN ^NMOlSlHSIH 63AI8O ]MVI OT 8]l0I9]8 lN]WJIOO] AVMlIV8 lVI3IAAO ]Hl m _- II �I reconcile our information with data provided in the UMLER file, please provide information about your new cars below. this information to us electronically, please contact Peter Coleman at 609-371-7824. Copies of the manufactures' axed to us at 609-371-7723. -----------------------------------------------------------------------------------------_------------_----------------------. / THE OFFICIAL RAILWAY EQUIPMENT REGISTER TEMPLATE ----------_------------------------------------------------------------------------------------------------------------------/ NEW FREIGHT EQUIPMENT | / UNITS ARE MARKED: | | \_____________________________________________________________________________________________________________________________/ � 'AAR ' NUMBERS ' DIMENSIONS ' CAPACITY ' No /Car / ----------- of � / |Type| \ INSIDE ' OUTSIDE ' DOORS Cubic: GRL \Cars|/ � � Cbde -------------------- ------------------------------------------- ------------- Feet Lbs | | | \ \ \ | ^ � \ Lnth | Wdth | Hght / Lnth | Wdth | Hght from Rail / Side �Level� (OOO) , / . . ______.---------------'-------------------- -------------| Full| | | \ At Eaves'Extrm To ' To ' To Wdth 'Hght � | or Top | Wdth �Extrm �Eaves |Extrm \ of � of �of Sides/ / Wdth /Sides /Hght �Op»'g /Op»'g or Platfm | | | | | | | | | | | | | | \ | | Platform � � � ft in ft in )ft in ft in ft in. ft in ft in ft Oft Oft Oft in / / / I ______/______-______/___---|__-_--__ ______/______ ______ ______/______/______�_____/_____/____/ . . , . . . . . , . . . . . . . . APPROVED BY COMPANY DATE PLEASE RETURN THIS FORM WITH OR WITHOUT CHANGES BEFORE THE CLOSING DATE. =1 . ., i T it II 17--1 kjj V A uj t� £s ZS lc os Gt Lt 94 9t tt Zt It of 6E Be LE 9E 9E t£ E Z£ IE 0£ 6Z fiZ LZ 9Z. - SZ tZ EZ ZZ lZ OZ 61 K LI 91 ,..,;91 tl El Zl II — of "I 6 01 DAVID EVANS AND ASSOCIATES, FILE COPYCOMPLETE APPRAISAL REPORT in a (( SUMMARY REPORT FORMAT II L_ THE YELM TO ROY SEGMENT of the -; OLD NORTHERN PACIFIC PRAIRIE LINE/YELM BRANCH LINE Thurston and Pierce Counties, Washington Prepared for: L J� Mr Ken Garmann, Public Works Director City of Yelm t 105 Yelm Avenue W Yelm, Washington 98597 Date of Valuation December 15, 1999 i � Prepared by: Bernie Brown and William Werner DAVID EVANS AND ASSOCIATES, INC. — 3700 Pacific Highway East, Suite 311 Tacoma, WA 98424 Telephone: (253)992-9780 F1 f� i� • Outstanding Quality r DAVID EVANS AND ASSOCIATES, } . December 28, 1999 3700 Pacific Highway East - Mr. Ken Garmann, Public Works Director Suite 311 ! City of Yelm Tacoma, Washington 98424 105 Yelm Avenue W ` i Yelm, WA 98597 Tel: 2S3.922.9780 �. i Fax: 253.922.9981 RE: APPRAISAL OF THE YELM TO ROY SEGMENT OF THE NORTHERN PACIFIC PRAIRIE LINE/YELM BRANCH LINE, THURSTON AND PIERCE COUNTIES, WASHINGTON. I1 Dear Mr. Garmann: j At your request, we have appraised the above property using generally accepted appraisal principles and t- practices. The appraisal assignment is to estimate the as-is market value of the property. This report is intended to comply with the report requirements of the Uniform Standards of Professional Appraisal 1 Practice (USPAP) as adopted by the Appraisal Foundation. The appraisal is resented in a summa appraisal format. Descriptions of the property and neighborhood -; PP P summary PP P P P Y g are in the report. The property rights appraised are that interest that the owner can convey, which will allow rail and trail use. This interest will be subject to existing easements and encumbrances. Based on ---I our investigation and analysis of available information, the market value of the property as of December 15, 1999, is $366,000 (THREE HUNDRED AND SIXTY SIX THOUSAND DOLLARS). This valuation opinion is subject to the conditions and comments to be presented in this report. We very much appreciate the opportunity to provide this service. L Sincerely, DAVID EVANS AND ASSOCIATES, INC. William Werner State of Washington Certified General Real Estate Appraiser No WE-RN-EW-N500BQ it i Bernie Brown State of Washington Certified General Real Estate Appraiser No BR-OW-NB-T474NW YELM0000.0003 �y,L1BpR Oatstanding ProfessionalsOutstanding OudUtv GLOBAL ALLIANCE t TABLE OF CONTENTS Page PRELIMINARY APPRAISAL INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Executive Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Appraisal Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Appraisal Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Limiting Conditions and Assumptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Subject Property Photographs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Neighborhood and Route Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Neighborhood Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Subject Corridor Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Highest and Best Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 VALUATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Valuation Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Subject Valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Comparable Sales Table . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Comparable Sales Location Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Corridor Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Corridor Valuation Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 41 Other Railroad Corridor Sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Certificate of Appraisers . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 ADDENDA Addendum A: Other Railroad Corridor Sales Addendum B: Deed Information Addendum C: Pierce and Thurston Counties Assessors Plat Maps of Subject Corridor Addendum D: A History of the Northern Pacific Prairie Line Addendum E: South Puget Sound Foreign Trade Zone Addendum F: Thurston Regional Planning Council Freight Access by Rail Study Addendum G: Thurston County Parks and Recreation Trail Corridor System Addendum H: Repair Cost Estimates of Subject Rail Line Addendum I: Qualifications of Appraisers PRELIMINARY APPRAISAL INFORMATION Executive Summary The appraisal task was to estimate the market value of the subject property/corridor. A major part of the appraisal task was to determine the highest and best use of the subject. The appraisers considered the potential uses of the corridor and concluded that its highest and best use, or most valuable use is railroad corridor and trail corridor. Both uses are compatible and together contribute the maximum value for this corridor, the subject property. Property rights appraised are that interest that the seller (Burlington Northern Santa Fe), can convey, which will allow rail and trail use. The interest will be subject to existing easements of record, including any existing fiber optic lines. The appraisers used the direct sales comparison approach to value the corridor. After extensive research they analyzed sales of other rail or trail corridors in Washington State. They concentrated on corridor sales in Thurston and adjacent counties. Corridors that provided trail amenities were considered most comparable to subject. A value of$366,000 was concluded by the appraisers. Date of valuation is December 15, 1999. YELM0003 David Evans and Associates,Inc. Page 1 APPRAISAL SUMMARY DESCRIPTION Owner: Burlington Northern and Santa Fe Railway Company (BNSF). Property Type: Railroad corridor. Interest Appraised: The right to use the subject corridor for railroad and trail uses. Name: A segment of the old Northern Pacific Prairie Line. Location: From Yelm, eastern Thurston County to Roy, western Pierce County, Washington. Neighborhood Character: Urban and rural. r Site Size: 4.55 miles, 71.51 acres. Adjacent Zoning and Land Uses: Mixed urban and rural, developed, under developed and undeveloped. Highest and Best Use: Railroad and recreational trail corridor. VALUATION Fair Market Value December 15, 1999 Corridor Value: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$366,000. Exposure Time: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 months. YELM0003 David Evans and Associates,Inc. Page 2 APPRAISAL INTRODUCTION Organization of Report The intent of this report is to inform the reader of the factors which influenced the property's value in an intelligible and compact style. An overview of the property and general information is given in the Appraisal Summary and Preliminary Appraisal Information sections of the reports Introduction. The Introduction also has the Limiting Conditions and Assumptions section. General neighborhood issues and specific issues directly related to the property are in the Description sections. This includes the Photographs and Site Description of the property. The premise upon which the property is valued is discussed in the Highest and Best Use section. The appraisal methods including comparable information, application of market information to the subject property, and valuation analysis, are depicted in the Valuation section. Lastly, the value is determined. Supporting information is affixed in the Addenda. Purpose of the Appraisal The purpose of this appraisal is to estimate the fair market value of the railroad and trail corridor ? use of the subject property on December 15, 1999. The intended use of the appraisal by the client, the City of Yelm, is for decision making purposes related to acquisition of the subject property from BNSF. Definition of Market Value The definition is taken from the Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Standards Board of the Appraisal Foundation. "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, and knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. Buyer and seller are typically motivated; b. Both parties are well informed or well advised, and each acting in what he consider his own best interest; C. A reasonable period of time is allowed for exposure in the open market; d. Payment is made in terms of U.S. dollars or in terms of financial arrangements comparable thereto; and YELM0003 David Evans and Associates,Inc. Page 3 i e. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.' Marketing Time Estimated marketing time for the subject property if exposed to the market is estimated to be approximately 12 months. Exposure Time Given the Definition of Market Value, the value estimate presumes that "a reasonable time is allowed for exposure in the open market". Exposure time is defined as the estimated length of time the property interest would have been offered on the market prior to the hypothetical completion of a sale at the market value on the effective date of the appraisal. The exposure time is presumed to precede the effective date of the appraisal. The appraisers reviewed rail corridor transactions within the market place, and talked with conversations with knowledgeable participants in the disposal and acquisition of rail corridors in the. State of Washington. The estimated exposure time for corridors similar to the subject would have been approximately twelve months,,as of the appraisal date. Thus for the subject property the exposure time is determined to be the same as the marketing period as discussed above. Specified Financing Cash to seller, with or without financing. Cash EquivalencX This report presents the cash value of the subject site. This requires that all comparable sales used must be cash transactions or adjusted to "cash" if advantageous seller financing was involved. All sales transactions were cash sales or equivalent. Property Rights Appraised The property rights appraised are that interest that BNSF can convey, which will allow rail and trail use. The interest will be subject to existing easements of record, including any existing fiber optic lines. It is assumed that the seller will also reserve any mineral rights. The interest conveyed for portions of the corridor will be subject to reversionary interests if the corridor is abandoned. YELM0003 David Evans and Associates,Inc. Page 4 History and Ownership One of BNSF's predecessor railroad companies, the Northern Pacific Railroad was granted land by the United States of America to construct a railroad in May 31, 1870. This was part of the grant of public land to Northern Pacific to construct a northern route from Lake Superior to Puget Sound. The tracks were completed to Yelm by the fall of 1873 and the Nisqually River bridge was finished by late September. The segment between Tenino and Tacoma, which included Yelm, was completed on December 27, 1873 and service began on January 5, 1874. Depots were established in Yelm and Roy. Tax and Legal Description The subject is assessed and taxed by the Washington Department of Revenue. No assessment or tax information was available. A copy of Pierce and Thurston County Assessors maps showing the location of the subject is in the Addenda. General Description of the Subject Property The subject.property is a 4.55 mile railroad corridor between the cities of Yelm and Roy. Corridor width varies but is mostly at 100 feet, (50 feet both sides of the center line). Generally the track bed is effectively level with some cuts and fill adjacent to the banks of the Nisqually River for the bridge crossing. The corridor is improved with a fixed span bridge in fair condition. Use of this Appraisal Report This report is to be used by the City of Yelm for purposes decision making related to the acquisition of the subject property by the City. Reliance on this report by anyone other than the client, the City of Yelm, for a purpose not set forth above, is prohibited. The authors responsibility is limited to the client. Assignment The appraisal assignment included an inspection of the subject property and an analysis of the factors affecting the marketability and value of the subject. Sources were also contacted to obtain information on the market and factors which would have influenced the value and marketability of the subject. Sources include federal, state and city documentation and officials knowledgeable with the market of railroad corridors. Additional information on comparable sales was obtained from Thurston and Pierce Counties. Departure Clause This report does not depart from the requirements of Uniform Standards of Professional Appraisal Practice, (USPAP). YELM0003 David Evans and Associates,Inc. Page 5 Competency and Compliance Provision The appraisers are aware of USPAP's Competency and Compliance provisions. Within the appraisers understanding of those provisions, this report complies with all mandatory requirements. The appraisers possesses the knowledge, education, practical experience and technical experience to complete this assignment competently, conforming with the USPAP provisions. Information Availability Necessary information was available to complete a reliable appraisal. Inspection The subject property was inspected by Bernie Brown on December 15, 1999. Effective Dates The date of this report is the date of its transmittal, December 28, 1999. Date of valuation of the subject property is December 15, 1999. YELM0003 David Evans and Associates,Inc. Page 6 LIMITING CONDITIONS AND ASSUMPTIONS This appraisal is subject to the following limiting conditions and assumptions: Special Limiting Conditions and Assumptions The*appraisers assume BNSF has good and clear title to the entire length of the subject property for all corridor uses and that these uses can be legally transferred. Size and length of the subject property is assumed to be 71.51 acres and 4.55 miles. Corridor extends from mile post 21, adjacent to the southern boundary of Roy, Pierce County, city limits to mile 25.55 abutting the northern boundary of the SR 510/Yelm Avenue right-of-way in Yelm, Thurston County. No legal description or preliminary title reports of the subject were available at the time of the appraisal. The appraisers did have access to railroad right-of-way maps of the subject property and copies of deeds of the subject. The appraisers are aware of the following easements which may impact the subject; A power transmission line easement in favor of the Bonneville Power Administration, crossing the subject at approximately mile 23.75. A power canal easement in favor of the City of Centralia crossing the subject at approximately mile 24.25. A fiber optic line easement in favor of World Com along all or part of the subject. There may also be a sewer line easement over part of the subject in favor of the City of Yelm or Thurston County. On the Pierce County portion of the subject there are some private road crossings. It is assumed these roads have easements, licenses or agreements to cross the subject property. On the Thurston County portion two public roads, Canal and Rhoton Roads cross the subject. There are also two spur lines of the subjects rail line in the City of Yelm. General Limiting Conditions and Assumptions All matters of a legal nature or facts which might be revealed by a survey are excluded from the opinion of value herein. That title to the property is assumed to be good and merchantable for the highest and best use. Possession of this appraisal report does not include the right of publication. This report shall be used for its intended purpose only, and by the parties to whom it is addressed. The liability of the appraisers, David Evans and Associates Inc., and employees is limited to the client only. There is no accountability, obligation, or liability to any third party. If this appraisal report is placed in the hands of anyone other than the client, the client shall make such parry aware of all limiting conditions and assumptions of the assignment and related discussions. YELM0003 David Evans and Associates,Inc. Page 7 The appraisers, David Evans and Associates Inc., and employees are in no way responsible for any costs incurred to discover or correct any deficiency in the subject property. The appraisers assume there are no hidden or unapparent conditions of the subject property or its subsoil which would render it more or less valuable. The appraisers assume no responsibility for determining if the property requires environmental approval by the appropriate governing agencies, nor if it is in violation thereof, unless otherwise noted herein. The appraisers, David Evans and Associates Inc., and employees assume no responsibility for matters legal in character, nor is any opinion given as to title, which is assumed to be marketable. All existing liens, encumbrances, and assessments have been disregarded, unless otherwise noted, and the property is appraised as though free and clear, under responsible ownership, and competent management. Unless otherwise noted in this appraisal report, it is assumed that there are no encroachments, zoning, or restrictive violations existing in the subject property. The value estimated in this report is based on the assumption that the property is not affected by the existence of hazardous substances or detrimental environmental conditions. The appraisers routine inspection of and inquiries about the subject property did not develop any information that indicated any hazardous substances. We are not qualified to detect the presence of toxic or hazardous substances or materials which may influence or be associated with the subject or adjacent properties. We have made no investigation or analysis as to the presence of such materials. No portion of this appraisal report stands alone without the written approval from the appraisers. The appraisal report must be used in its entirety. Reliance on any portion of the appraisal report independent of others, may lead the reader to erroneous conclusions regarding the property values. No part or portion of this appraisal report shall be conveyed to the public through advertising, public relations, news, sales, or other media without the written consent or approval of the appraiser. This applies particularly to value conclusions and to the identity of the appraisers and the firm with which the appraisers are employees of. Any exhibits in this appraisal report are included to assist the reader in visualizing the subject property. The appraisers have not surveyed the subject property and assume no responsibility in connection with such matters. Information presented in this report has been obtained from reliable sources, and it is assumed that the information is accurate. The statements of value and all conclusions shall apply as of the dates shown in this appraisal report. The appraisers have no present or contemplated future interest in the subject property. The appraisers may not be required to give testimony or to appear in court by reason of this appraisal, unless prior arrangements have been made. The comparable sales data outlined in this report has been checked as closely as possible for errors and is considered accurate, but this accuracy is limited to the reliability of the people contacted who were involved in the sale and to the information they passed on to the appraisers during their investigation. YELM0003 David Evans and Associates,Inc. Page 8 DESCRIPTION - SUBJECT PROPERTY PHOTOGRAPHS YELM0003 David Evans and Associates,Inc. Page 9 �} /_1 ... _ _- - �_�_.4�/� A'• ,{x+'11 'r,. . • `•" . �•Vii, }'�,T•} Start of subject • •• i Ny Fill Spur line and Rhoton Road crossing, Yelm. :;l=. 4 �► o rte'� ... �.,,r_ _, i,y�4'Tq+ -.�,.►. �I i - 1' `^ "� '{.1;'_-�--•�� - - - "� � I � — Via' -- YELM0003 David Evans and Associates,Inc. Page 10 . •I',Ar•(J prig j S 1` �� t i. -. fi= ✓ � ; ?F _ -k,"`ir ^-J �rAti.'✓f - 1 ;4t � - � ' ' er^ rY' ,. ' r- a `%' � .+i�'"" j1` , �Fitt - i• _ Spur • R•.• SE, Yelm. `ry ' .9• �^i: ria*�, s n..� '. I F y4'.i: • •�f h 4 i 7 �S .t 1 i h•c .t�Y! �� 1 Corridor • •ustrial zonedland in NE Yelm. YELM0003 David Evans and Associates, _. = r � �!i�� _ �_ •-r ..1 µ t�.^ 1. y�y`�r'� "'x" `ter, _ -'"f! •.��rim^'.c �f _ .� •,c4-s"^�..,.` - •? _'r:_ '�" 'C;;'"-'� �,"��;�c -„ • •_"' i�..i/f•"rJy;s•4r` '� a. C*"�7eii�=i�{•'r..�."� .. .�,A "�� ..+�' 4:,,�R_ . �'� r� .. '4 'Jsc� �=�tC.i i"4:� - `.'r at+yKi'�4"s`:f4.t�'r�r f, - � •O ,,, "�-. '' it •,r YID%��_e'A�:a.rr - " 'ii'�+t°r1�33't�-^'.:"ac':•.c'r..'�C _ � � "tom' _ } � ',q•3 t Y' J t. t'nrAt#y s AIL Y • a �'�;• �% �r�..-.`- T.A . c 74 + ►• air ,fix MiLSc"1vC "� ��.wr i2' frv4N •,• • �' _sem �:s � +S yyy�yyy1` '�% . .':� _ vl ' :+.c•,-.Z.`.Y$2<,�3b i'`:cns•-t` ti i 'v�7'�.ti.. �t �� a 111 �. '�/' 0 l A 1 '� Mw��I % 11♦ r" ti VI + ,fir —..�.�,--:_> ---- `��• ,' ` - r ?• I uj�'kr .i` '�,_.t7�>e .4,,,�� "'g...�s.� `v Pte..t. .+,. 4, �•rN� f..`.+ti4"✓-'' �fA�4v',�x/'(N.M• {^t.LSi��' '/� � _ �� "��stN7i��2"St.� � 7' �� ,..�i^y.x X'�}`kTF;r-- '��'s�,�s«�' �y r� �• � 4 n 1�,,'z{Ai •11 •. .,fix •._ �' t. � •+.a- r-...r :�,�r"�ixr:..E..,� • T' • is _. i` w1� f+�y � � Rural Pierce County, Miles Sand and Gravel on right. Rural i Y x Pierce YELM0003 David Evans and Associates,Inc. Page 14 Is- y i gY�� 9 � y�* fi•. � 4 • .' A•'. ;� a'T ry^f �• .Yana., 1 rL r.� ; a - - ..o, rt'i'T6rS R�a ,�,�.4 l�xi N, •;t—..Y 1 f wprw r . , j.Y,,•.ww�,•,,r T'.r•�4 �.. � s+•.l+.�a�'�'"i+ � r 1� �Yi+{'u' Z : r _ 'd`Sa•� hj� ,rte ..ice.s�,y. s ( •'A, . y wry^,Y� >,.+��'� ✓-.d P,�^t ��.�.-T` .�•.f�.�r•t'• ,.=r._�,Y �+s.- _ � '"i� . i� +i 7-+t't, t- �� .,rRre d�„Z K:'^er•.1.+�c� �" a. - s R _ A'r� .,' '�ar,r_cis� ';»- aster. T •\�1'T s •" � �'-: . '' - '`A NEIGHBORHOOD AND ROUTE MAP - ------------- 3------------ -- --------------- 34 '6 32 --------------------------F- A 4 -------------- ---------- - FORT L IS r Y Tl 8N I MILITARY RESERVITION 6 ------------------------------------------ ------------------------ 5 4, ----------I J OUNTY RT LEWIS -MILITARY RESER TION R % /Z .EWIS -- ---------------1 10 7 8 9 39TH sr s SERVATION A TI C-) T. C=) 316TH ST S 3 lH —ICE Ll bL In CT SE I- 4 - I I ILLJ ILLI - - ", — U JE� E AV SE 18 it 17 C, T, CD a 337TH YR 9" 139 S IN ST 7 ELM iO 1TV 19 2 31ITH 2. STH Mn ST S WON Cr SE l.V S f 00 Iff SE NISSILLY I 60(FMa SE 103 AV SE + MC ENNA 105TH AV SE 29 St V"' 16 Ific(ENN 30 MKCKEN -Y iLMI ao 0 E 3041, NR Mp DAITOM AV AMN YELM0003 David Evans and Associates,Inc. Page 16 NEIGHBORHOOD DESCRIPTION The subject property neighborhood is that area served by this rail corridor. It is generally described as being part of the cities of Yelm and Roy, rural northeast Thurston County and southwest Pierce County. The neighborhood is part of the South Puget South Region. Abutting properties along the subject corridor have a mix of uses. They include industrial/commercial and vacant undeveloped - industrial zoned land in Yelm, rural residential properties on small parcels in Thurston County and large parcels in Pierce County. Other uses include agricultural, gravel mining and the United States Armys Fort Lewis in Pierce County. Most of the residents in the area work in the larger metropolitan areas of Thurston and Pierce Counties. This includes the Olympia/Lacey area, Fort Lewis Army Base and the Tacoma/South Puget Sound area. The largest employers in the Yelm area are in the service, retail, manufacturing and agricultural sectors. They include the Yelm School District, QFC supermarket, LASCO manufacturing and Wilcox Family Farms. Yelm has updated sewer and water utility systems as well as a large area of vacant/undeveloped industrial zoned land. 109 acres of the industrial land is Site 4 of the South Puget Sound Foreign Trade Zone (FTZ #216), which is administered by the Port of Olympia. The industrial land in Yelm is effectively level, has good road access, utility service and as noted is adjacent to the subject rail corridor. Vacant industrial land in Yelm has been quoted to start from $1.00 to $1.50 per square foot (PSF). This compares to recent sales of industrial land at Frederickson Junction, Pierce County with recent sales and listings from$1.75 PSF and higher. Sales of small industrial zoned lots in the Frederickson area are over $2.50 PSF. Currently Yelm does not have many industrial land users, as noted above most of the land is vacant/unimproved. Two of the largest users are Amtech Corporation/Sonoma Spars and Lasco Barthware. Amtechs primary product is custom fiberglass and vacuum formed parts, and the plant has an unused rail spur. Lasco also has a rail spur off the subject rail line, albeit unused. They have 200 plus employees manufacturing fiberglass and acrylic bath products. In rural Pierce County the subject rail line runs by the Miles Sand and Gravel Roy Pit. Miles is one of the largest sand, gravel and crushed rock suppliers in the South Puget Sound. All of the companys product is trucked out and they have indicated they would ship rail car loads to their other locations which have access to rail service. This includes their Auburn location in south King County. The outlook for the market area served by the corridor is good and with the knowledge of secure rail service demand for industrial land with rail service expected to increase. The key is regular and secure rail service connecting Yelm to the North American rail system. All the other elements are _ in place, an educated workforce, available land, modern sewer and water systems which have capacity to expand, a city with a developed infrastructure and services, and support for development from government and private sectors. They include the City of Yelm, Thurston County, Port of Olympia, WSDOT and other Washington State agencies and Yelm Area Chamber of Commerce. In summary, the outlook for the subject property neighborhood is good. Demand is expected to increase once rail service is secured. �' YELM0003 David Evans and Associates,Inc. Page 17 SUBJECT CORRIDOR DESCRIPTION k Hazardous Waste: This appraisal assumes that the subject is free of all hazardous materials as stated in the Limiting Conditions and Assumptions of this appraisal report. The appraiser has conducted no independent investigation regarding hazardous materials. If questions arise, further research is recommended. Jurisdictions: City of Roy, Thurston and Pierce Counties, State of Washington. Current Use: Unused rail line with some easements including fiber optic. Size/length: 71.51 acres/4.55 miles. Shape: A graded rail corridor with a bridge (Nisqually River), two trestles (Murray and Yelm Creeks), track bed, ties and rails. The overall width is 100 feet, at the Nisqually River crossing it widens to 160 feet then 400 feet. Topography: Mostly it is effectively level, at the Pierce County side of the Nisqually River crossing there is some cut and fill. There is a steel bridge over the Nisqually River and two wooden trestles over creeks. h Utilities-- (Where available). Water: City of Yelm, (in rural areas private well). Septic: City of Yelm, (in rural areas private septic systems). Electric Power: Puget Sound Power and Light. Gas: Yelm area, Washington Natural Gas. Telephone: Yelm Telephone Company, or US West. Cable: Viacom Cablevision. Accessibility: There is good access to the subject in the Yelm/Thurston County portion. Public road/street right-of-way cross or abut the subject corridor. They include SR 510/Yelm Avenue, Stevens Street, Rhoton Road, Canal Road and Bridge Road. In the Pierce County portion the subject corridor right-of-way maps show four private road crossings, accessed off SR 507/Spanaway-McKenna Highway. Easements/Encumbrances: No preliminary title reports were available at the time of the appraisal. A perusal of the railroad right-of-way maps of the subject and County Assessor maps found the following which may impact the subject. Transmission line: A Bonneville Power Administration transmission line crosses the subject at approximately mile 23.75. Power canal: The City of Centralia's power canal crosses the subject at approximately mile 24.25. YELM0003 David Evans and Associates,Inc. Page 18 Road crossings: At least four private road crossings cross the subject in the Pierce County portion of the subject. Fiber optic: A World Com fiber optic line may be along all or part of the subject corridor. a- Sewer line: There may be a sewer line easement in favor of the City of Yelm or Thurston County over part of the subject. Zoning and Comprehensive Plans: The subject runs through three jurisdictions, Pierce County, Thurston County and the City of Yelm. Pierce County: This portion of the subject is in rural Pierce County. It has an R10 (Rural 10) zone classification. R10 is intended to provide for rural uses at a rural density of one dwelling unit per 10 acres. If 75% of a property is designated open space a maximum density of 2.5 dwelling units per 10 acres is allowed. Permitted uses include single family residential, crop and animal production and forestry. Most of the R10 zone abutting the subject has a Mineral Resource Overlay (MRO). The overlay identifies those lands for the extraction of minerals that have a known or potential long-term commercial significance. A surface - mine extracting gravel, (Miles Sand and Gravel Company's Roy Pit), is now in operation in part of the MRO area. Thurston County: Rural Thurston County, from the Nisqually River(the Thurston/Pierce Counties boundary), to the Centralia Power Canal/Yelms Urban Growth and city boundaries. The west side of the subject corridor is zoned RR 2/1, (Rural Residential 2 units per 1 acre). RR 2/1 is intended to encourage development to enhance and preserve semi-rural residential areas which have moderate physical limitations for development and/or do not have the services for urban level development. Maximum allowed density is 2 units per acre. When developed as a cluster subdivision the minimum lot size is 7,200 square feet. Primary uses allowed in RR 2/1 is agricultural and forestry, and single family residential. The area has been developed as a cluster subdivision, the Nisqually Pines vacation home subdivision and is now used as a permanent single family residential subdivision. Actual density is up to 6 units per acre. The east side of the subject in rural Thurston County is zoned RRR 1/5, (Rural Residential/Resource - 1 unit per 5 acres). The purpose of this zone is to allow for rural development, maintaining the rural character, allowing for agricultural, forestry and other rural land uses, while sensitive to physical characteristics and protecting sensitive environmental areas. Maximum density is one unit per five acres. Uses allowed include single family residences, forestry and agriculture. YELM0003 David Evans and Associates,Inc. Page 19 City of Yelm: This includes the area inside Yelm's Urban Growth Boundary and outside the city limits. Four land use zones cover the subject corridor. Three additional zones abut the subject. From the Centralia Power Canal to the Canal Road crossing the subject is zoned/classified Low Density Residential (R-4), four single family residential units per acre. Abutting the east side of the subject the land (outside the city limits, but inside the Yelm Urban Growth Area), is zoned RR 1/5, (Rural Residential - one unit per five acres). The abutting land is vacant or under developed and the city is in the process of having both zones changed to Industrial. From the Canal Road crossing to the Rhoton Road crossing the subject ' and the abutting land is zoned Industrial. The purpose/intent of the zone is to provide areas where industrial activities and uses involving the processing, manufacture and storage of products may be located. Permitted uses cover most industrial type uses. Abutting a small portion of the east side of the subject, (inside the Yelm UGA), land is zoned Thurston County LI (Light Industrial). LIs uses are similar to Yelms Industrial zone. Subject corridor from Rhoton Road to Stevens Street is zoned HC (Heavy Commercial). The intent of the HC zone includes providing for those commercial uses and activities which are dependent on convenient vehicular access. It also includes balancing the needs of -= motorists and businesses serving a regional or community wide market with the needs of pedestrians and neighborhood residents. Permitted uses cover most commercial uses. ` From Stevens Street to SR 510/Yelm Avenue, subject corridor is zoned CBD (Central Business District). The CBD zone is intended to promote and maintain a viable commercial core in downtown Yelm to serve the needs of the residents of Yelm and the surrounding area. Uses permitted cover a wide spectrum and include civic, government, retail, commercial and offices. Yelm Transportation Plan: The plan has a rail preservation and enhancement policy of preserving existing railroad rights-of-way within the city's Urban Growth Area and connection to the national railroad network. Foreign Trade Zone: All of the Industrial zoned land in Yelm which abuts or is adjacent to the north side of the subject corridor (approximately 109 acres), is in Site 4 of the South Puget Sound Foreign Trade Zone (FTZ) #216. The FTZ is administered by the Port of Olympia and covers 12 zones in Thurston, Lewis, Mason and Kitsap counties. �'�. YELM0003 David Evans and Associates,Inc. Page 20 Freight Access by Rail Corridor: Subject corridor is part of a study/plan by the Thurston Regional Planning Council and Washington State Department of Transportation to preserve rail access and improve freight and passenger movement in the South Puget Sound region. Thurston County Trail Plan: The portion of the subject corridor from Yelm to the Nisqually River/Thurston County line is designated as a future trail in the Thurston County Trail Plan which was adopted in August 1995. This links up with the County's existing Yelm-Tenino Trail which is the rail line corridor the County purchased from BNSF in November 1993. a Flood Plain: Except for the Nisqually River, Yelm and Murray Creeks, the subject corridor is outside any flood plain, per Federal Emergency Management Agency maps. i i YELM0003 David Evans and Associates,Inc. Page 21 f ` HIGHEST AND BEST USE Highest and best use is that reasonable and probable use that supports the highest present fair market value as of the effective date of the appraisal. The highest and best use of a property must meet four criteria: Physically Possible Legally Permissible Economic Maximally productive. The highest and best use concept is based upon traditional appraisal theory and reflects the attitudes - of typical buyers and sellers who recognize that value is predicated on future benefits. This theory is based upon wealth maximization to the owner. Physically Possible - Physical characteristics of the subject have been previously described in this appraisal report. The subject corridor was surveyed, acquired and developed as a part of the Northern Pacific Railroad's, (a predecessor of BNSF), mainline in the 1870s. The track bed is well established and includes some fill, a bridge across the Nisqually River and two wooden trestles across creeks. From 1874 to 1914 the subject was used as part of Northern Pacific's main line between Kalama and Tacoma, the Prairie Line. Since 1914 the subject has been used as branch line supplementing the newer main line between Tenino and Tacoma via Nisqually and Steilacoom. In 1986 Burlington Northern took the line between Yelm and Tenino out of service. The right-of-way was purchased by Thurston County in 1993 as part of their rails to trails program. Yet the subjects rail line connections between Yelm and Tacoma remain intact. Subjects grade is generally effectively level with gentle, wide curves. Along most of the corridor the width is 100 feet, with wider portions at the Nisqually River crossing. The physical considerations support the continued use of the subject as a rail corridor and the width permits combined use as a trail corridor. Legally Permissible - The legal factors influencing the highest and best use of the subject include government regulations such as zoning and other land use ordinances. Other factors would be deed restrictions, easements and encumbrances which impact or restrict the use of the subject corridor. Part of the corridors right-of-way is in fee simple title while other parts are in the original United States government grant to Northern Pacific Railroad. As long as the corridor is used for railroad use (or rail banked), the subjects right-of-way is secure. The title permits continued railroad and/or trail use in the corridor. Subject was in place and functioned as a part of a railroad before the current zoning ordinances. Thus the subject enjoys grandfathered use rights. %ff Financially Feasible -The subject corridor has been part of the transportation system. As a renewed rail link, it would link potential shippers in Yelm with Tacoma and elsewhere by rail networks. The subject corridor potentially enhances the economic potential of property it serves. YELM0003 David Evans and Associates,Inc. Page 22 There are indications of the degree of this economic benefit. There is approximately 450 acres of industrial land or land to be zoned industrial that would benefit by rail access in Yelm. This the approximate area of the land adjacent to the rail corridor in Yelms northwest and east sub-areas. Sales studies indicate that industrial land with rail access have sold for a $0.14 per square foot(PSF) to $0.56 PSF premium over comparable land without rail access. I Maximally Productive - As noted above the subject can be the link to other parts of Washington, the USA and the world. The subject corridor is also in a Freight Access by Rail (FAR), study/development to retain existing rail road corridors to divert interregional freight shipping from roads to rail lines. It is part of an on going Washington State Department of Transportation program and supported by Pierce and Thurston Counties. The Thurston County portion of the subject corridor is part of the Thurston County Trail Plan for use as a trail/rail corridor. Conclusion and Opinion of Highest and Best Use - The highest and best use of the subject corridor is as part of a rail road freight network to serve the existing and potential users in the Yelm area and to serve as a trail to meet the recreation needs of users of the Thurston County rail trails. �h i YELM0003 David Evans and Associates,Inc. Page 23 i METHODS OF VALUATION Introduction The appraisal process which is applied to most real estate properties is designed to evaluate all factors which influence value. General regional, local, and neighborhood information has been presented to inform the reader of general outside influences which may affect value. In addition, the site has been described in detail. The Highest and Best Use section has been provided to evaluate the effect of legal, physical, and market considerations which determine the most probable use of the subject property/corridor Methodology _. In valuing the subject property, the Sales Comparison Approach is used. Sufficient market data was available from within the market area to generate a sound value estimate. In this approach recent sales of similar corridors are compared to the subject to indicate value. Where good market data is available, this approach best reflects market behavior and provides a reliable estimate of value for the subject. The Income Capitalization Approach to value was not used in this valuation for several reasons. First, the availability of income and expense data for railroad use is far too limited to support this approach. Recreational trail use is a special use and does not generate income in the usual "market" sense. Thus trail use cannot be valued by the Income Approach. The Cost Approach was not used to value the subject. The subject property includes substantial improvements that were built in the late 19 century. This includes the Nisqually River bridge, the trestles over Yelm and Murray Creeks, fill work and the track bed. Although these improvements are serviceable for continued use as a rail road and trail corridor, they have accrued substantial economic and physical depreciation. Estimating this depreciation would be questionable, and the cost approach would yield an unreliable indicator of value. The across-the-fence or at-the-fence (ATF) approach was not used. This approach estimates the value of a corridor by looking at the values of the adjoining/abutting properties. If the corridor ceases to have an economic use as a corridor, the highest and best use (HBU), of the corridor is to break it up into the most valuable parcels possible, and sell these to adjoining users. The value of that corridor is estimated by the value of the land across the fence, and the ATF approach is the appropriate approach. Improvements have no value beyond possible salvage. If the HBU is continued use as a corridor, the land within that corridor is more valuable for corridor use than for competing uses across the fence. It has a different HBU than the adjoining land. The ATF approach is often used as a type of cost approach. The cost to assemble all parcels, plus an enhancement factor, would be one way to value the land within the corridor. However, the appraiser would need to add the contributory value of improvements that support the corridor use. As mentioned, the cost approach would not be used because of the unreliability of estimating the depreciate replacement costs of improvements. YELM0003 David Evans and Associates,Inc. Page 24 SUBJECT VALUATION In this section the market value of the subject corridor is estimated by comparing it with recent sales ,. of railroad corridors for continued railroad use and for rails to trails use. In this regard the appraisers have searched for sales of corridors in Washington State. The appraisers were able to find sufficient, verifiable sales to determine the corridor's value. Unit of Comparison For this valuation the unit of comparison will be dollars per mile. This is a method of comparison used by market participants. The price of a dollar per mile is obtained by dividing the number of miles in a corridor sale into the purchase price of that sale. Five sales have been used in this appraisal as indicators of value form which the value of the corridor will be developed. The highest and best use of each corridor was continued use as a corridor. Other corridor sales in Washington State are included as reference. The chart on the following page summarizes the five comparable sales used to establish a basis of value. The corridor sales chart shows values from $30,263 to $80,321 per mile for the corridors. Following the sales chart there is a sales location map and a summary of other corridor sales used as reference. Terms of Sale This refers to the type of financing used in the corridor transactions. Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable to dollars in cash. The price represents the nominal consideration for the corridor sold unaffected by special or creative financing. Market Conditions The five comparable corridor sales used are considered contemporary sales occurring in 1996 and 1997. No time adjustment is suggested by the sales. Physical Characteristics _r _ Differences in physical characteristics such as length, corridor width, and grade do not appear to have an impact on the individual corridor sales value. What counts is the ability of the corridor to t support a graded rail bed to carry a rail line and/or a trail. Property Rights Convey The sales were acquired for continued railroad use or rails to trails (recreational trail) use. , 1 YELM0003 David Evans and Associates,Inc. Page 25 T RAILROAD CORRIDOR SALES CHART . .... ......... ......... ................................ ...... .. .... ..... .............—................. ................... 1U RAILRADT :P 1 A , S. it. CT: Jim: ...................... ........ ...DATE . - S :, --RJ I .. . ..... . PRIG `)f ............ .......... .... ...... .. .. .. .................................. ................ ................. .............. ........ .......... ...... ..... .... ............................. COMMENTS...... I Puget Sound and Pacific Railroad 9/97 83.5 miles $5,360,000 $64,192/mile For railroad use. A short line created from a (Arizona and California Railroad) sale of BNSF branch lines connecting with Lewis, Thurston, Grays Harbor BNSF at Centralia. Connects sea port.with a and Mason Counties. main line. Corridor width varies averaging at 100 feet. 2. Curtis, Milburn and Eastern 11/96 10.0 miles $344,000 $34,400/mile An ex Weyerhaeuser railroad, corridor averages Railroad, (Port of Chehalis), at 100 feet wide. Connecting with Tacoma Rail Lewis County. at Chehalis and connections to a main line. Trackage in fair condition. Line operated by Puget Sound and Pacific. 3. Tacoma Rail, (City of Tacoma) 8/95 76.0 miles $3,075,000 $30,263/mile A railroad to railroad sale. The Mountain Lewis, Thurston and Pierce Division of Tacoma Rail. Ex Weyerhaeuser. Counties. Corridor width averages 100 feet. Connects o with BNSF at both ends of corridor. Considered a low end sale. 0 C' CD 4. Ex BNSF Belmore to Gate 8/96 12.45 miles $1,000,000 $80,321/mile A rails to trails corridor sale. It has been rail branch line, Thurston County banked. An ex BNSF branch line. Corridor averages at 100 feet wide. 5. Ex Weyerhaeuser logging railroad 9/96 7.0 miles $525,000 $75,000/mile A rails to trails corridor sale. Part of the old corridor, Thurston County Vail Railroad. Corridor width varies, averages at 100 feet. Will be used as part of Thurston Countys trail system. Subj Yelm to Roy portion of the old 12/99 4.55 miles Subject corridor, part of the old Prairie Line. Prairie Line, Thurston and Pierce Has access to BNSF main line at Lakeview. Counties. Corridor averages at 100 feet wide. For railroad and trail corridor use. ro oa C' C, I'C N _.._�._.. _.,..._..� S.11hohm m WNATCOM m • • a ` �•{ ..n. ♦`•C' 1 ... PEND •.m mm, rd,� — -- -—-—-—-—-—-—-—-— r I y Daeule i WASHNOTON STATE DEPARTMENT OF T&MLSPORTATION • L Ana - GEOGRAMC SERVICES i +g +, \C Y. i'Jy t,,` I I GND. •• j6 i �{fFF Sd. ,- r OrANOOAN 1 f ! 1 SAN 61 ; BN nmA IAtw 7 n Tel ISL ] 1 ObnaS.m 1 I j 1 1 --------------- ! 'S�� •�,-�-'r. I \ ��3� •7`J(�y,1 �L �'1� 1 if I 'SNowpa•.t�. PERRY , EYE". 1P • IA 11 J SNONOMLSH t CLALLAAE 11�. 41 l � is i- `\` �✓� `' I \.: Ederett: `— -- CHU"---------� t \ -J1J` CSS , I PCC ~' I ?sPolwi. ENSF lEPPEESON ,LI �°�.•�r',/ X4'1 •Oyw ! �. I UP C7 L_—_ Y � I Enra.Aen N..J \ LINCOLN N I 1-------•! a L]� ''(, @TD . DOUGLAS l,f� 1 < �' nnAP C>7 "\, Wwmna. , SPOSANE r. C�cO (� 1� ..i• tir ��. BNSF r r I --� y MA90N � ,tA� TYwru I� _ ----_ - RAPED r----------- - r CL L' I N I--- .3J �` 9 J't•-� [TfRTA9f GRANT lab mm. VQ ¢vID. o AE.M— 4 ` J L t � j raft I CERC I WwXAN t cT x.y fUa1 �1 ELrubmP L 1 w• ,•,�.� ASAP PIERCE ADAAL4 I C PCC ---; T Rs'\ ---- ------- csP Puum.n 'FCC LEWIS DARPIELD LL UP I PA—C I ( , t m PEANCLCN I II _ �; r----�- ----- 1 YwmIA cA�Temn-i-- ---1----------j'-) R m i EENwN °xsv I ENSF Rwd d rm PAmm L_I-^mLvamtw 1 ! ASO TIN �9 t I 1 WALLA I RLIR BLUE MOUNTAIN RAILROAD I 1 I ��- K.ba COWL= I i �'SF 1 nn.vSei WALLA I S f l d 4A1SF BURLINGTON-NORTHERN SANTA FE �, i , CSRC COLUMBIA BASIN HAILflOAD 2p� 1 ° aue 1 1 1 sF t I L---------------------J W.w w.m 1 .._..L.L CLC COLUMBIA&COWLITZ - �r-.tir BNSF _ CSCJ COLUMBIA MM&CASCADE RFL �! 'v'' ! I Q.TCSITAT I 1•r �• CSP CAMAS FRAME 2 I 1 CMER CURTIS MILBURN&EASTERN LNC LEWIS&CLARK RAILWAY 00. I PCC PALOUSE&COULEE CITY EM 2i VALLEY 9UV PEND OREBNE ` CLARS !I hSPUGEISOUND&PACIFIC Vn - BNSF AAS H p N M N STATE RS ROYAL SLOPE R.N. BNSF 7F TACOMA EASTERN' SSV/R TOPPEIM SIMCOE&WESTERN RAIL SYSTIEM UP UNION PACIFIC USG UNITED STATES GOVERNMENT OB N J CORRIDOR SALE NO. 1 DESCRIPTION: Centralia-Hoquiam line, from mile post (MP) 0.6 Centralia, Lewis County to MP 74.1 Hoquiam, Grays Harbor County. Horn Spur track at MP 72.5 Centralia-Hoquiam line (2.0 miles). Elma-Shelton line, from MP 0.0 Elma, Grays Harbor County, to MP 25.1 Shelton, Manson County. SELLER: Burlington Northern and Santa Fe Railway Company. BUYER: Arizona and California Railroad Company Limited Partnership. DATE: August 1997. SALE PRICE: $5,360,000. TERMS: Cash or equivalent. STATISTICS: 83.5 route miles; the right-of-way width varies and averages at 100 feet wide; approximately 1,012 acres. COMMODITIES: Major commodities include lumber, plywood, pulp, chemicals, propane, fertilizers, feed grain, logs, and special components for the US Navy. Carloads per year were approximately 8,000 in 1997 and are estimated to be 10,000 in 1999. Most of the traffic is from the Grays Harbor area. GRADE: It varies, the Harbor line goes through generally effectively level areas, while the Elma-Shelton line has grades at 2% or more. CONNECTIONS: Connects with BNSF at Centralia, Union Pacific at Blakeslee Junction, both in Lewis County. UNIT PRICE: $64,192/mile unadjusted. COMMENTS: An 83.5 route mile branch line system sold off as part of BNSF's rationalization of its branch lines. Route mileage information is from Surface. Transportation Board documentation. The sale.included BNSF's rights on a US government owned line north of Shelton, Manson County to Bangor, 44.0 miles and a branch line to Bremerton Navy Yard, 4.6 miles. i Puget Sound and Pacific Railroad (PSAP) an operating division of Arizona and California Railroad (ARZC) operates the lines. ARZC is owned by ParkSierra Rail Group, Napa, California. They own and operate two other short lines, both in California. One is the 354 route mile California Northern Railroad Company and the other ARZC. i Sale of the lines to ARZC was by quitclaim deed suggesting BNSF may not have full title to the right-of-way. The sale was of real estate and improvements comprising the above rail lines/rail corridors. As part of the sale BNSF retained the rights to all subsurface minerals including gas, oil, YELM0003 David Evans and Associates,Inc. Page 28 coal, sand and gravel. BNSF also reserved all water rights and a permanent easement for multiple pipelines and fiber optic lines. The lines operated by PSAP run through five Washington counties, Lewis, Thurston, Grays Harbor, Mason and Kitsap, (ARZC/PSAP have operating rights over the US Government line serving Navy facilities). They run through rural, agricultural and forest areas and several cities and communities. The cities include Centralia in Lewis County; Grand Mound, Rochester and Gate in Thurston County; Oakville, Porter, Elma, Hillgrove, Montesano, Central Park, Aberdeen and Hoquiam in Grays Harbor County; Shelton in Mason County. Puget Sound and Grays Harbor Railroad and United Railroads of Washington constructed and operated the lines in the early 1890s. The railroads were sold to Northern Pacific (a predecessor company of BNSF), in 1898. The line is in fair to average condition. PSAP have requested a $1.514 million WSDOT Rail Freight Assistance Funding to rehabilitate three 90 year old swing span bridges to continue rail service to Aberdeen, Hoquiam and the Port of Grays Harbor. Total project cost is estimated to be $1.892 million. The Port of Grays Harbor has received a$340,000 WSDOT grant to construct a chemical transload facility. CONFIRMED: Tom Foster, Puget Sound and Pacific Railroad; Surface Transportation Board documentation. YELM0003 David Evans and Associates,Inc. Page 29 CORRIDOR SALE NO. 2 DESCRIPTION: Runs between Chehalis and Curtis, Lewis County, WA. The line has four stations and no sidings or yards. Ex Curtis, Milburn & Eastern Railroad Company, Chehalis, WA. SELLER: Weyerhaeuser Company. BUYER: Port of Chehalis. DATE: November 1996. SALE PRICE: $344,000. TERMS: Cash or equivalent. STATISTICS: 10.0 route miles; the right-of-way width varies and averages at 100 feet wide; approximately 103 acres;. COMMODITIES: Major commodities are expected to include timber products and fertilizer. Carloads per year are expected to be around 100. The line has only been reactivated in October 1999. GRADE: Maximum grade is less 0.5%. The line goes through effectively level areas. CONNECTIONS: Connects with Tacoma Rail's Mountain Division at Chehalis. UNIT PRICE: $34,400/mile unadjusted. COMMENTS: A shortline railroad corridor, which was part of the Weyerhaeuser Company's railroad system in Western Washington. Weyerhaeuser has gradually sold the system off to shortline owners/operators and other parts have been rail banked. This includes the 76 mile, Chehalis to Tacoma Junction/Fife line to the City of Tacoma, which operated as the Mountain Division of Tacoma Rail (TMRW). Another part of the system called the Vail line extension has been sold to Thurston County Parks and Recreation Department. The line is in fair condition. Maximum speed is 25 MPH. Several road/level crossings cross the line and there are some trestles. The Chehalis-Centralia Railroad Association run excursion trains on the line between Chehalis and Ruth. The Port purchased the line to serve an industrial park in an old Weyerhaeuser pole yard at Curtis. However the line has been unused for sometime and in October 1999 Puget Sound and Pacific Railroad (PSAP) gained approval to operate the line. PSAP have reciprocal overhead trackage rights over 1.0 miles of TMRW line at Chehalis to connect with BNSF's main line also in Chehalis. As part of the use agreement with the Port of Chehalis, PSAP is required to upgrade the tracks. Rail freight operations over the line YELM0003 David Evans and Associates,Inc. Page 30 were to commence on or after October 18, 1999. This sale price was negotiated starting from an appraisal by Washington State Department of Transportation, (WSDOT). WSDOT encouraged the purchase of the line to keep the corridor intact, to encourage rail freight and to lessen the amount of freight on the highways. The Port of Chehalis has applied for WSDOT Freight Rail Assistance Funding to upgrade the railroad for heavier freight cars by rehabilitating bridge and railroad crossings. Project cost is estimated to be $910,000. CONFIRMED: Dan Treat, Weyerhaeuser Company; Jim Jackson, WSDOT Freight Rail Program Engineer. YELM0003 David Evans and Associates,Inc. Page 31 CORRIDOR SALE NO. 3 DESCRIPTION: The corridor sale runs between Chehalis, Lewis County and Tacoma Junction/Fife, Pierce County, WA. This line has 22 stations and 14 yards and sidings. Ex Chehalis Western Railroad and Tacoma Eastern Railroad Company. SELLER: Weyerhaeuser Company, (Chehalis Western Railroad). BUYER: City of Tacoma. DATE: August 1995. SALE PRICE: $3,075,000. TERMS: Cash or equivalent. STATISTICS: 76.0 route miles; width varies from 20 to 200 feet wide, averages at 100 feet; approximately 933 acres. GRADE: Averages at 0.5% or less on most of the line except in the Tacoma Junction to Midland portion where the elevation rises 380 feet, a 3.5% grade. COMMODITIES: Major commodities include building materials and siding, food stuffs, aircraft parts, and timber products. Shippers include Boeing Company, James Hardie Building Products, Spannaway Lumber Company, Rainier Veneer, and GFN Utilization and Marketing. They are all from the Frederickson (Frederickson Junction), area of unincorporated urban Pierce County. Car loads are 25 to 30 per week and are expected to double giving a per year estimate of 2,600 to 3,120. CONNECTIONS: At Tacoma Junction/Fife, the line connects with Union Pacific Railroad, (UP). The line connects with the sales Frederickson to Morton line at Frederickson Junction. At Chehalis the line connects with Burlington Northern Santa Fe and the ex Curtis, Milburn and Eastern Railroad, (owned by the Port of Chehalis and operated by Puget Sound and Pacific Railroad). UNIT PRICE: $30,263/mile after adjusting for equipment, including locomotive and spares, and real estate, (shop and extra land in Thurston County). COMMENTS: The line is part of an operating shortline railroad, Tacoma Rail (TMRW). Part of TMRWs route system of 131.5 miles and operated as the Mountain Division. Maximum speed on the line is 25 MPH. The 54 mile Frederickson to Morton line was donated by Weyerhaeuser to the City of Tacoma in 1990. Its track was in poor condition. The City negotiated with Weyerhaeuser to acquire the 76.0 mile line from Tacoma Junction to Chehalis for $3,075,000 in 1995. The sale include 90 acres of light industrial land and a shop in Thurston County, plus an engine, parts and some rolling stock. YELM0003 David Evans and Associates,Inc. Page 32 The sale of the line is a purchase of the right to continue to operate a railroad over an existing railroad corridor. In some portions of the corridor the right- of-way is held in fee simple. However in other portions of the corridor the right-of-way is held in easement for as long as railroad operations continue. Many of the deeds of the right-of-way transfer are reportedly vague in language as to whether they are fee simple title or a form of permitted use. Tacoma purchased the right-of-way, trackage, bridges, trestles and necessary property for operation of the rail line. Funds for the line acquisition came from the City of Tacoma, Port of Tacoma, State of Washington, Federal Railroad Administration and Boeing Company. The City of Tacoma have been successful in receiving over $5.0 million in grant funds from federal, state and local sources, to rehabilitate the lines. The ownership transfer was by quitclaim deed. As part of the acquisition Weyerhaeuser retained by deed restriction to common carrier operating rights over the line for their future log shipping needs. Additionally Weyerhaeuser reserved the first rights to repurchase for 20 years should the City of Tacoma decide to sell. If Weyerhaeuser declines the repurchase offer Tacoma may offer the railroad for sale in a rails to trails conversion. Freight traffic on the line includes aircraft parts (for Boeing), aggregate and forest products. Currently two excursion trains operate on the Mountain Division route system, the Mount Rainier Scenic Railroad, (Mineral to Eatonville Junction), and the Chehalis-Centralia Railroad Association at Chehalis. CONFIRMED: Dan Treat, Weyerhaeuser Company; Nancy Forester, City of Tacoma; Jim Jackson, WSDOT Freight Rail Program Engineer. YELM0003 David Evans and Associates,Inc. Page 33 CORRIDOR SALE NO. 4 DESCRIPTION: The corridor sale runs between Belmore and Gate, Thurston County, from railroad milepost (MP) 16.0 to MP 28.45. SELLER: Burlington Northern Railroad Company, now Burlington Northern Santa Fe Railway Company (BNSF). BUYER: Thurston County. DATE: August 1996. SALE PRICE: $1,000,000. TERMS: Cash or equivalent. STATISTICS: 12.45 route miles; corridor/right-of-way width varies averaging at. approximately 100 feet; approximately 242 acres. GRADE: Averages at 0.5% or less. CONNECTIONS: Now used as a recreational trail, the Gate-Belmore Trail, connecting urban areas of Thurston County with parks and other recreation areas. UNIT PRICE: $80,321/mile unadjusted. COMMENTS: A branch line sold off as part of BNSFs rationalization of low volume or non i operating lines. The line has been rail banked and is being developed as the Gate-Belmore Tail, part of Thurston Countys rail to trails system. This sale was negotiated from two across the fence appraisals one for BNSF, the other for Thurston County. The agreed value was less than the two appraisals. Instead of agreeing to the abandonment of the corridor the Interstate Commerce Commission, now the Surface Transportation Board, issued a notice of Interim Trail Use/rail banked. The corridor/right-of-way may be reconveyed to a railroad in the event of the restoration of railroad service. This corridor links the urban trail system from Tumwater/Belmore, at the Kenneydell County Park with the south Thurston County communities of Gate and Rochester. The trail will offer access to the Black River and runs adjacent YELM0003 David Evans and Associates,Inc. Page 34 to the Black River-Miura Prairie Glacial Heritage Preserve and Black River Natural Area just south of Littlerock. Sale of the corridor was by quitclaim deed. The title of the right-of-way is a mix of warranty deeds and other sure title, and right-of-way deeds and other unsure title. BNSF retained all rights for underground utilities-and pipelines. Any easement granted by BNSF will be subject to a corridor/trail maintenance fee. BNSF also retained the rights to all subsurface minerals, gas, oil, coal excluding sand and gravel. As well as the corridor/right-of-way the sale included all bridges, bridge ties and culverts. The corridor was acquired and a railroad constructed by the Tacoma, Olympia and Grays Harbor Railroad Company in 1890 and 1891. Successors of the railroad including Northern Pacific Railroad, became part of BNSF. At Gate the corridor connects with an ex BNSF rail line now operated by Puget Sound and Pacific Railroad. CONFIRMED: Michael Welter, Thurston County Parks and Recreation. YELM0003 David Evans and Associates,Inc. Page 35 CORRIDOR SALE NO. 5 DESCRIPTION: The corridor sale runs from Plumb/Tempo Lake (Stedman Road)to Vail (Vail Loop Road), Thurston County. SELLER: Weyerhaeuser Company, (Chehalis Western Railroad Company). BUYER: Thurston County. DATE: September 1996. SALE PRICE: $525,000. TERMS: Cash or equivalent. STATISTICS: Approximately 7.0 miles; corridor/right-of-way width varies averaging at approximately 100 feet; approximately 76.47 acres. GRADE: Varies, averages at 0.5% or less. CONNECTIONS: Now part of the Western Trail part of Thurston Countys recreational trail system connecting urban areas with parks and other recreation areas. At Western Junction the corridor connects with a short line operated by Tacoma Rail, (TMRW), and at Wetico the corridor crosses the Yelm-Tenino Trail, rails to trails conversion of an ex BNSF line now owned by Thurston County. UNIT PRICE: $75,000/mile unadjusted. COMMENTS: A logging rail corridor which was part of the Weyerhaeuser owned Chehalis Western Railroad. The corridor has become part of the Chehalis Western Trail connecting with a previously purchased portion of the Chehalis Western at Stedman Road, near Tempo Lake. Length of the corridor is approximately 7.0 miles and includes 2.9 miles of a 20 foot wide trail easement over rail right-of-way owned by Tacoma Rail (City of Tacoma). The easement is between Waldrick Road, Offutt Lake just north of Western Junction to Silver Spring Road, Silver Spring. The $75,000/mile is an aggregate unit price combining the corridor purchase and the easement. Part of the corridor runs through forested land other parts YELM0003 David Evans and Associates,Inc. Page 36 run through rural,residential and agricultural areas. The land for the corridor was acquired by Weyerhaeuser in the 1920s and was known as the Vail Railroad. This sale does not appear to be subject to rail banking requirements where the corridor/right-of-way may be reconveyed to a railroad in the event of the restoration of railroad service. Sale of the corridor was by warranty deed. The title of the right-of-way is mostly in warranty deeds and other sure title. Weyerhaeuser sold the corridor as-is, where-is, although it did not include rails and ties. No subsurface rights or easements were retained by Weyerhaeuser. CONFIRMED: Michael Welter, Thurston County Parks and Recreation. i~ YELM0003 David Evans and Associates,Inc. Page 37 CORRIDOR VALUATION ANALYSIS The appraisers assume Burlington Northern Santa Fe Railway Company can transfer title to the entire length of the subject corridor for railroad and trail uses. This is the subject corridor from Mile Post 2 1.0 just south of Roy, Pierce County to the northern boundary of the SR 510/Yelm Avenue right-of-way, Yelm, Thurston County. Width of the corridor averages at 100 feet. It is also assumed that purchaser will have access to regular railroad service from Mile Post 21.0 (Roy) to Lakeview connecting with BNSFs main line and/or purchaser will have trackage rights over the Roy to Lakeview line. This would provide rail service between Yelm and the North American rail network. As noted above five corridor sales are used to value the subject corridor. The sales vary in size, location, use and end points. In some of the sales one end of the corridor may link with another railroad, (a branch line or short line with a main line), the other end may end at an industrial park. In other sales both ends of the corridor link up with other railroad lines in the State of Washington's railroad system. Comparables 4 and 5 are rails to trails conversions of rail corridors. Corridor width of all the sales average at 100 feet, as is the subject corridor's. The five corridor sales have a highest and best use of continued railroad use or recreational trail corridor use. This is comparable to the subject corridor's highest and best use as a railroad and trail corridor. All of the comparables are either in Thurston County or abutting counties such as Lewis or run through Thurston and abutting Counties, for example Pierce and Grays Harbor. They show a range in values of $30,263 per mile to $80,321 per mile. The five corridor sales fall into two groups. Corridor Sales 2 and Sale 3 Sale 2 at$34,400/mile and Sale 3 at $30,263/mile set the low end of the value range. The two sales were part of the Weyerhaeuser Companys railroad system in Pierce, Thurston and Lewis Counties, and were sold off in November 1996 and August 1995 for continued railroad use. Rails and ties were included in the transactions although their condition was fair to poor. In both sales the new owners are having the tracks upgraded. As noted, the sales are solely for railroad use. r Sale 2 is one of the shorter sale comparables at 10.0 miles, the adjacent land is mostly rural in agricultural use, although there are urban uses at both ends of the corridor. 1 ; Sale 3 at 76.0 miles has one of the longer corridors, adjacent land uses vary from urban to rural. ` A good portion of the corridor is inside Pierce County Urban Growth Areas. Annual car loading on both corridor sales are expected to be low indicating a low density use of the railroad lines. They connect or have access to mainline railroads. These corridors run through industrial zoned lands which are undeveloped or under developed. Approximately 15% of the corridor lying between YELM0003 David Evans and Associates,Inc. Page 38 Fredrickson Junction and Tacoma generates significant traffic and has the most value of the sale. Corridor 2 will have very low near-term anticipated rail road usage. In comparison, subject offers significant opportunity for rail traffic from existing operations adjacent to the line. Further, Corridor 2 is not a candidate for trail use, and likely does not have potential for that use. Sale 2 is considered a very low indicator of value for subject. In Corridor 3, seller retained a repurchase agreement for 20 years and reportedly. operating rights to ship logs through the corridor. Further, the value of this corridor is concentrated in that high traffic density segment. This suggests that the overall unit value of$30,000/mile over the 76 miles understates the value of this portion. Corridor 3 is considered a very low indicator of value for subject. The high end of the value range is set by Sale 1 at $64,192/mile, Sale 4 at $80,321/mile and Sale 5 at $75,000/mile. Corridor Sale 1 Sale 1 is the longest sale corridor at 83.5 miles. The corridor was purchases for continued rail use.. The corridor runs through Lewis, Thurston, Gary Harbor and Mason Counties in west central Washington State. The corridor passes through rural, agricultural and forestry areas as well as several urban areas. The corridor comprised of two portions. Approximately 65% of the mileage connects the sea ports Grays Harbor to mainline railroads. Quitclaim deeds were used as the transfer documents and BNSF reserved all subsurface rights to minerals and water. BNSF also reserved permanent easement rights for pipelines and fiber optic lines. Three swingspan moving bridges in the corridor required major rehabilitation costing $1.892 million, as noted in Washington State Freight Rail Plan 1998 Update. The purchaser applied for $1.514 million funding to rehabilitate these structures. Similarly, the fixed span bridge of subject will require repair estimated at $152,600. The condition of Corridor 1 is comparable to that of subject. There is no identified trail potential in Corridor 1. The overall unit price of $64,000 understates the purchase price for the more valuable section. Overall, Sale 1 is considered a somewhat lower indicator of value for subject. YELM0003 David Evans and Associates,Inc. Page 39 Corridor Sale 4 Sale 4 is the sale of part of the BNSF branch line system which included Sale 1. Sale 4 is in western Thurston County and is a rails to trails rail banking transaction. Rail banking maintains the corridor and postpones possible reversion of title to some adjoining owners. Rail banking provides that-the corridor could return to railroad use again. Thurston County is using the corridor as part of their recreational trail system. The transaction did not include rails or ties, but did include the other components of a railroad corridor, track bed, cuts, fills, bridges, trestles and culverts. A quitclaim deed was used to transfer ownership. BNSF retained rights to subsurface minerals and permanent easement rights for pipelines and fiber optic lines (as in subject). Most of the corridor passes through rural residential/agricultural lands. Some portions of the corridor pass by wetlands and urban industrial areas. The sale was below the indicated value of two appraisals, one by the buyer and one by the seller. Seller retained mineral rights. Sale 4 suggests that trail corridor value can add value above pure railroad corridor value. As a rail banked trail, the corridor retains all rail potential. In addition, it provides a more immediate, higher value use as a trail. This combined potential is comparable to that of subject. Sale 4 unit value is considered a reasonable indication of value for subject. Sale 5 Corridor Sale 5 is the shortest sale at 7.0 miles, and is the sale of another part of the Weyerhaeuser Company railroad system. It runs through eastern Thurston County. The sales transaction was by warranty deed and does not have the interim trail use, rail banking requirement of Sale 4. Like Sale 4 the buyer, Thurston County, is developing the corridor as a trail, part of the countys recreational trail system. The transaction did not include rails and ties although other components of a railroad remain, including track bed and culverts. There is no indication that seller retained permanent easements for pipelines and fiber optic lines. Approximately 2.9 miles of this 7.0 mile corridor consist of a 20-foot wide permanent easement. This suggests that the overall unit value of$75,000/mile understates the indicated for subject, which consists of a uniform 100 wide corridor. Further, subject corridor can and will continue as a rail corridor in conjunction with trail use. This suggests that Sale 5 is a lower indication of value for subject. YELM0003 David Evans and Associates,Inc. Page 40 Conclusion What is the estimated market value of the subject corridor? A highest and best use of joint railroad and trail uses has been established. Comparables 4 and 5, which have trail use, indicate a clearly higher value. The highest per mile unit prices are for corridor Sales 4 and 5 which are now in recreational trail use. These sales are over $10,000 per mile above the closest rail to rail use sale. Thus in this group of comparable sales of corridors in Thurston and abutting counties premiums have been paid for corridors for trail use over those for continued rail use. As noted above the railroad corridor sales have distinctive ends. A corridor may end at an industrial park or a sea port and the other end may connect with a main line railroad, or a railroad with connections with to a main line. The railroad corridor sales with rails to trails conversions end at other corridor trails, parks or trail access heads. Subject corridor also has distinctive ends, one is in Yelm, where it is surrounded by industrial zoned land, the other end connects, near Roy, with the remainder of the Prairie Line still owned by BNSF, which connects with their main line at Lakeview. In the appraisers opinion the best indicator of value are the rail corridors now used for recreational trail use, Sales 4 and 5. Because it is rail banked and could return to rail use Sale 4 at $80,321/mile is considered the best indicator of value. For this appraisal the unit amount has been rounded to $80,300/mile. Total corridor value is estimated to be 4.55 miles x $80,300 per mile = $365,365, rounded to $366,000. f 7" 1� { S I YELM0003 David Evans and Associates,Inc. Page 41 OTHER RAILROAD CORRIDOR SALES The appraisers are aware of other corridor sales in Washington State. Some have been for continued railroad use, others have been for rails to trails conversions and rail banked. Corridor Sale 6 is the December 1998 sale of the 2.61 mile corridor in the Ballard industrial area of Seattle. A conservancy group, Adventure Trail, Inc, sold the corridor to the City of Seattle after the group purchased it from BNSF. The rail line in-the corridor was in poor condition and BNSF had embargoed the line saying it was unsafe for rail traffic. Seattle wanted the corridor as a trail. Since BNSFs sale the rail line has be rehabilitated and Seattle is constructing a trail paralleling the line. This corridor traverses areas of high land values. In the appraisers opinion this corridor sale price is based on a highest and best use of breakup value, not as a corridor. In other words, the corridor had a greater value "across the fence" than as a corridor. This sale of a corridor is therefore not considered indicative of value for subject. Thus this sale was not used as a comparable in this appraisal. The unit sale price is $282,077/mile. Corridor Sale 7 is the sale of BNSFs 12.45 mile Lake.Sammamish Line to the Land Conservancy of Seattle and King County. A rails to trails sale the price was $1,500,000, a unit rate of $120,482/mile. This corridor runs through suburban King County between Issaquah and Redmond '- adjacent to mostly residential land uses. The buyers plan to transfer the corridor to King County for trail use. However there is dispute if clear title to the corridor has been transferred to the Land Conservancy. According to Surface Transportation Board (STB) documentation a group called the Redmond-Issaquah Railroad Preservation Association offered to buy the corridor an amount equivalent to a unit rate of$80,101/mile. (This rate is similar to the rails to trails corridor Sales 4 and 5 above). Sale 7 was not used as a comparable in this appraisal, like Sale 6 above the appraisers consider its value is based on the breakup value of the corridor, not as a corridor. Corridor Sale 8 is BNSFs September 1996 sale of their 131 mile eastern Washington, Wenatchee to Oroville Line to RailAmerica, Inc. The sale price was $7,800,000, a unit rate of$59,542/mile. This is a railroad to railroad use sale and has a unit rate similar to corridor Sale 1 above. Most of the line runs through rural areas and is operated by a short line subsidiary of RailAmerica, the - - Cascade and Columbia River Railroad. While the sale lends support to Sale 1, the appraisers have decided not to use the sale because of its eastern Washington location, preferring to use rail corridor sales in Thurston and adjacent counties in western Washington. The appraisers are also aware of the November 1993 sale of the 14.63 mile Yelm to Tenino portion of the old Paririe Line. It connects with the southern end of the subject corridor. BNSF sold the corridor to Thurston County in a rails to trails/railbanking sale for $200,000. This indicates a unit rate of $13,670/mile. While an old sale and will not be used in this appraisal it does indicate the value placed on rails to trails sales at the time of sale. The corridor is now part of Thurston Countys -` recreational trail system. YELM0003 David Evans and Associates,Inc. Page 42 S CERTIFICATE OF APPRAISERS We-certify that, to the best of our knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, and opinions, and conclusions. That we are competent and qualified to perform the appraisal assignment. We have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. Bernie Brown personally made a field inspection of the subject corridor and corridor sales used in this appraisal. That to the best of our knowledge and belief, the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed herein are based is correct, subject to the limiting conditions and assumptions herein set forth. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are the appraisers personal, unbiased professional analysis, opinions and conclusions. This appraisal report has been made in conformitywith, and is subject to, the requirements of the Uniform Standards of Professional Appraisal Practice. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in accordance with the standards and reporting requirements of the Uniform Standards of Professional Appraisal Practice. That neither our employment nor our compensation for making this appraisal and report are in any way contingent upon the; values reported herein; reporting of a predetermined value or direction i in value that favors the cause of the client; attainment of a stipulated result, or occurrence of a stipulated event. That we have no direct or indirect present or contemplated future personal interest in the real estate which is the subject of this report. That we have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. That we have not revealed the findings and results of such appraisal to anyone other than the proper officials of the City of Yelm and we will not do so until so authorized, or until we are required to do so by due process of law. YELM0003 David Evans and Associates,Inc. Page 43 No one other than the undersigned prepared the analysis, conclusions, and other opinions concerning real estate which are set forth in this appraisal report. That our opinion of the fair market value of the subject corridor as of December 15, 1999 is; $366,000 based upon our independent appraisal and the exercise of our professional judgement, and that the conclusion set forth in this appraisal was reached without collaboration or direction as to value. Will Werner State of Washington Certified General Real Estate Appraiser No WE-RN-EW-N500BQ i - - Bernie Brown State of Washington Certified General Real Estate Appraiser No BR-OW-NB-T474NW YELM0003 David Evans and Associates,Inc. Page 44 ADDENDA ADDENDUM A Other Rail Road Corridor Sales CORRIDOR SALE NO. 6 DESCRIPTION: Fremont to Ballard Branch Line, Seattle, King County. Mile post (MP) 0.09 to MP 2.70 plus two spurs. SELLER: Sea Lion Railroad, (Adventure Trail, Inc). BUYER: City of Seattle (Seattle Transportation). DATE: December 1998. SALE PRICE: $736,220. TERMS: Cash or equivalent. STATISTICS: 2.61 route miles; the right-of-way width varies from 20 feet to 100 feet. COMMODITIES: Major commodities include fish, furniture, sand, cement and lubrication oil. Carloads per year are expected to be approximately 150 in 1999. GRADE: It varies, from effectively level to approximately 1.5%. CONNECTIONS: Connects with BNSF at Ballard. UNIT PRICE: $282,077/mile unadjusted. COMMENTS: BNSF discontinued service on the line in March 1997 due to poor tack conditions. The line served the Ballard Industrial District and ran more or less parallel with the Lake Washington Ship Canal. They and other parties sold the right-of-way and.trackage to Alternative Trail Inc, a nature conservancy for $730,870 in December 1997. All of the transactions were by quitclaim deeds and included road access easements in favor of BNSF. The line was constructed by Northern Pacific Railroad, a predecessor of BNSF, in the late 1880s. Most of the line runs through industrial and commercial areas. The city of Seattle acquired the rail corridor to develop the final portions of its Burke-Gilman Trail. Four shippers on the rail line, Western Pioneer Inc, Salmon Bay Sand and Gravel Company, Olsen Furniture Company and Covich Williams wanted to keep the rail line in service. They established Ballard Terminal Railroad Co (BTRC) to move their commodities. BTRC used a $350,000 freight rail assistance loan from Washington State Department of Transportation (WSDOT) to rehabilitate the line. BTRC have rights to operate the line within a 20 to 30 feet wide right-of- way/corridor. They started operations in May 1998. Seattle will use the remainder of their acquisition for trail use. I CORRIDOR SALE NO. 7 DESCRIPTION: The Lake Sammamish Line, between mile post (MP) 7.3 near Redmond and MP 19.75 at Issaquah, King County. SELLER: Burlington Northern and Santa Fe Railway Company (BNSF). BUYER: The Land Conservany of Seattle and King County (TLC). DATE: April 1997. SALE PRICE: $1,500,000. TERMS: Cash or equivalent. STATISTICS: 12.45 route miles; the right-of-way width varies averaging at approximately 100 feet; approximately 141 acres. GRADE: It varies, from effectively level to approximately 1.0%. CONNECTIONS: Connects with BNSF at Redmond. UNIT PRICE: $120,482/mile unadjusted. COMMENTS: No scheduled train operations have been conducted on the line since BNSF embargoed it for safety in August 1996. Cost of restoring the line would be substantial. BNSF quitclaimed the corridor to TLC in April 1997. However,there is dispute if clear title to the corridor passed from BNSF to TLC. TLC plan to transfer the corridor to King County for a rails to trails park, a rail.banking. The corridor/right-of-way may be reconveyed to a railroad in the event of the restoration of railroad service. A decision by the Surface Transportation Board rejecting an offer of financial assistance by Redmond-Issaquah Railroad Preservation Association shows they offered to buy the line for $997,260, ($80,101 per mile). BNSF had estimated the line to be worth$16,197,000, ($1,300,964 per mile), this is an appraisal for tax donation purposes. The corridor runs along the east side of Lake Sammamish. Most of the adjacent land is in residential use. The line was built by a predecessor railroad of BNSF, the Seattle and International Railway Company in the late 1890s. Its route went from Sallal to Seattle and the Canadian border. CORRIDOR SALE NO. 8 DESCRIPTION: Wenatchee to Oroville Line, from mile post (MP) 6.0 Olds Junction, Chelan County to MP 137 Orville, Okanogan County. SELLER: Burlington Northern and Santa Fe Railway Company. BUYER: RailAmerica, Inc. DATE: September 1996. SALE PRICE: $7,800,000. TERMS: Cash or equivalent. STATISTICS: 131 route miles; the right-of-way width varies and averages at 100 feet wide; approximately 1,660 acres. COMMODITIES: Major commodities include lumber and fruit products. GRADE: Varies, most 0.5% or less. CONNECTIONS: Connects with BNSF at Olds Junction near Wenatchee, Chelan County. UNIT PRICE: $59,542/mile unadjusted. COMMENTS: The rail corridor was sold off as part of BNSF's rationalization of its branch lines. It runs north from Wenatchee following the Columbia and Okanogan Rivers up through the Okanogan Valley to Oroville, close to the Canadian border. The line runs through a lot of semi and country as well as orchards and forest land. The line is operated by Cascade and Columbia River Railroad (CSCD) which is a short line subsidiary of RailAmerica. RailAmerica owns 29 short line railroads across the USA. They recently purchased RailTex another short line holding company. Great Northern Railroad, a predecessor BNSF constructed the rail line in the early 1900s. The condition of the rail line when sold to RailAmerica j was fair. They have applied to Washington State Department of Transportation (WSDOT) for freight rail assistance funding to rehabilitate 6.0 miles of track near Oroville. 1 ; ADDENDUM B Deed Information 4� Pa L unt United .States of America, „ Dated i.Tay 10 ,189;i; Recordt;d S -Tom ep teraber 23,1895; Northern Pacific Railroad At 10033. A.M. Company. Book -!21 of da;Page Dee c 1 e ° ° • Whereas , ::y t,-2e Ac;, of Cun,;rt:s;; appr(j-v-ed July 2 ,1.8649 entitled "An Act F raintirg lands t;; aid in the cur,:;trt:ctiur. of a-- Railroad. and Talt;gr ph Line frwm, Luke Superior 1:o Pub et' s Su-and Gr: t1±� PaCifil: d5 Cc r Y;� she I:ur,her n Rulz;t;" and the joi ?t 1 i 1 r-aSli Lit U:: o f j•TQ� 31 ,J.c�7O, there was gran-ted t o the1.ru rcl, t:rrl Par,2 fi c Ra..:lroad CiU7::.pa17y, lt5 -'Iuccesf;..l•J and fur Of 7 r aiding in t he- curs;,rt:c ti cof said railroad and telegraph line to the Pa C.LfJ.0 CiVCiS%, aj)d branc'h, 'Ievt;;% _alternai eGf 1)'a,hlIC 1r,-11d trot minenui ral , designated by odd -r-l)3t 1-s o :, T �.e am,.iz�l� u fy alternates per r,j la url a , - .. ,1G , :de cf s" Cl 1-ailro Eid lire as said CoMpany =ay adu t r r p , '..}._ ov.�;l. the Ter•rit.ur_f:s of the United States and te:; alterrl«tt; st:ct. ur_s of laud per mile or. each side of said rai1road,wit,;re,r-rit passes through any s ;a4L-a I a.nd Whenever on the line trt>re:U2 t�:� Unit eCy S tct eki have full ll .. 4-ir,.le, :lut restsrvaci, sulci, ';rali? d Or G%hc ri: i ,t apprupr:ial ed and free f.ron. pre.-emp ti or_ or cIE,iPis ur rig),,ts a the time the lingof i sad r�o�?.d iv definitely fixed, and a plathereuf filed in tile3 off ic;t: of the Cul=aissiur_er Cf the General Land Office" . . And GThereas, official sta'eMeII s from the Secretary of the Interior hE:.ve .been filed in the General Land- Office , showtiing tizit the Culmlissioners r;140inted by the President under the provi�tio124 Of the fourth seC Lion. Gf the fil"s t l.aned Acle,' have reported to bila that the said Nor -;er11 Pacific Railroad and ry i r ■ or the North. .East quarter, the Nest half of the South East quarter, i the South East quarter of the South East quarter,4. and . 31 the West half. of Section. thirty-on, ,contai ping five hundred and sixty ane acres , testi hundredths of an acre. J All of section thirty-three containing six hia' -ad and forty ndi acres. Tale Horth East quarter, the East half of the Nort, Nest r ' ouarter and the South half of section thirty-five ,contaitlinrf five hundred and sixty acres. ?:Tour Enos Ye, that the United States of America, in consideration of the pret�lises and Pursuant to the said Acts of Congress, Have Given and Granted and by these pre4-eriEs, _. Do give and Grant unto the said IVortrierii Pacific- Railroad Company,, its succes;3Drs and. asoigr,'-Lj , the tracts of la.n(i selac., aS aforesaid F117d c: ?inrv.c;ed In tela foregoi>>n,Yet ?}:�,lildin�; and i exeef)ting "All Irlineral lands"should any srich be fouti(l iln the tracts aforesaid, but this exclus_on and excePti.on accord=ni; to the tern-is of theStat..z{:ar' shall r_ut be at�nstruad to i::cl zde it C0a2 and iron land. XX, To Have and. to Hold the said tracts with the appurtenances tjhereuf unto the said Northern Pacific Rail•rcad Company ) its successors and assigns forever. In Testimony whereof,I Grover Cleveland,Pres-dent of the United States of America nave 'e�:u,e.d :Letters g - 2ese :Let vers to ti be rade patent and the Seal of the General Land Office to be hereunto affixed. Given under my hand at the City of Washington this the tenth day cif Ykv, in the year of our Lord one thousand eight hun:red and ninaty five; and of the Independence of the United States the one hundred and nineteenth. (G.L.0.-Seal) By the President,Grover Cleveland, Y.McKean,Secretary, L.Q.C.Lamar,Re.cordor o.. the General Land Office, Recorded Vol_ 17 ' r•/'.�:i ..a.. - ' ': ra.Ei,:.•. �.R...�_ :'1.5'�nSAK:dxEM 1Y_.TL`° �rrd_.a::.�'S¢i•' ,:! -av„teet� rr� yx u:aciresa "ndt Tur•ty Beres. 71 6 l� Township treenty,Range six. All of section one , containing six hundred and twenty one acres and four hundredths of an acre. All of section three, i i containing six hundred and seventeen_ acres and sixty eight •C' hundredths of an acre. All of section five, cor.tainir_g six hundred and -thirty two acres and furty two hundredths of an ;• '� acre. All of section seven,containing six Iiliri�:Ira3 and forty one acres and eighty four hum red' Zs or an acre. All of Section rine, containing six hunched andforty acres All of section elven, r containing six hundred and forty acres. The crest half of the North East quarter, the West half of the South Ras' o�uarter, and the West half of section thirteen,runtsiniT� four hundred and eighty acres. The North half of the ITort_n East quarter, the South Wast quarter of the ?Torch East quarter, the South hz7.lf.. of —; the North West quarter, the South West quarter, and the South �.. East Quarter of the ,South East quarter. of Section fifteen, containing four hundred acres. All of section seventeen, containing six hundred and forty acres. All of section nineteen, containing six hundred and forty two acres and ninety Eight i hundredths of an acre. The North East quarter of the North. East quarter, the South half_ of the North East g1ztrtar, the South East quarter of the North West quarter, the West half of the North West quarter and the South half of Section twenty one containing five hundred wr.ld sixty acres. All of section twenty three,containing six hundred and forty acres. All of section t-aenty-five,containiT;g six hundred and forty acres. All of section tti,enty-seven,cuntaining six hundred and forty acres, . The lots numbered - one , four, seven, eight , and five , the South half of the South East quarter and the Sout;i half of the South ✓ �'� West quarter of Section twenty nine$ containing two hundred and seventy five acres arta thirty seven hundredths of an acre. eix'riianarea 'e rid containing "cre All 0� �' .� a7i tat'ias ni rsK pG�,� ~�9 section twenty nine containingsix hundred find forty aeras. 33. All 'o: secticr. thirty three, containing; six hundred and forty acres. All of section thirty five , containing six_ - hundred and forty acres, r 'Tuwm,h ip Kine teen,Range Six. All. cf sectiGn one , containing six hundred aI:d twenty seven acres and fifty hundredths of an acre. All of secticr. three, containing six hundred. anA thirty three acres and thirty two hundredths of an E,.(-re. All of section five, containing six hundred aI'd t::ir ty seven acres and seventy eight hundredths of an acre. The lots numbered one , two and three , the East half of the North Nest quarter, the East h2,1#' of the South Wes'. quarter and the East half !, 7of Sec�ti on sever; , con.wining; five ,hundred and ninety levan .r �y acres and ninety hundredtrs of all acre. All of s ecti.Gn n1r:Q, containing; six hundred ar_d forty acres. All. of sec+iun i eleven,containing; six hundred and forty acres. All of section 13 . thirteen,containing; six hundred and forty acre-.-, ,All Uf sect].GI? fifteen,cortairing six hundred ar:d forty acres ,All of sec tion sevel.teen containing; .pix hundred and forty acres, All of section nineteen,cont•air.ing six hundred and thirty eight acres and thirty hundredths of an a.cre,All of section twenty one ,containi.ng six-hundred and forty acres. All of sec-l" on twenty three, COr3tcll?�nE; Six hundred a'A forty acre A All of section five, containing s--.x hundred and forty acres. All cf Section twenty sever, containi ng six hundred and ✓` '7-9 forty acres. All of section twenty Ane containing six hundred and rorty acres, All- of seetion thirty-ore , cor.tairaing; six hundred ar.d t.11-irty-nine acres and twenty �� ; hundred'-1-m of an acre. All cf sect icn thirty-three contain- - - •-••,.5 i.uiiuc-ca ana rorty acres. All of section eleven, containing six hundred and forty acres, All 'of �, ;3, sect ion thirteen, containing six hundred and forty acres. All /J . Of section fifteen, containing six hundred and forty acres. All O-1' section seventeen,containing six hundredand forty acres, All of section nineteen , containing six hundred and thirty seven acres and sixty hundredths of an E:cre, All of section twenty one , containingsix hundred and forty acres. All of section twenty three containing six hundred and forty acres, ?6" All of section twenty five, containing six hundred and forty acres. All of section twerrt%r seven, containing six hundred and forty acres. All of section twenty nine , containing six hundred and forty acres. All of section thirty _one ,containing six hundred and forty acres and fifty eight hundredths of an acre, All of section thirty three containing six hundred and rorty acres. All of section thirty five containing six hundred and forty acres, —�: .; / �� 6 . Township Eighteen,Range Six. All of section one , containing; six hundred and thirty six acres a.r•.d eighty eight hundredths of ail acre. A11. of section three, cor.:.ainirg six hundred and twenty eight acres — and eighteen hundredths of all acre. Ali of section five, containing six hundred and twenty fi,e acres and eight- hundredths Of an acre, . All of section nine , containing six hundred and forty acres. All of section eleven containing six hundred, and /3 forty acres. All Of section thirteen, containing six hundred arzd forty acres. All of secticn fifteen , con-aining six hundred /7 and forty acres. A.11. of section seventee?:,contaZning six ri y hundred and forty acres. ,A.13 Of section twenty one, cuntaini.ng six-hundred and forty acres. All Of section twenty three,contain- ing six hundred and forty acres. All of section twenty five, _ r we ...'_.. �____- __`-. ....__ ... �- :�•-+i..-� v�� -.._' .' •r_'.-.mss ... _ ._._.-_ __.—_. --.-....... -......- �1'.3 xstY-.:-`Y'-.��v'r_'.+.i.�• �CY P�+wb°.ff`t�r�a.� � lv ll !i!r � -C rlll!-!<lY�IL a�V tlf1'• thirty two acres and forty -six hundredths of an acre.' All of section three, containing six hundred and thirty one acres and � seventy four hundredths of an acre. All of section five, containing six hundred and forty acres and eighteen hundredth of an acre. All of section seven, containing six hundred and thirty six acres and ninety eight hundredths of an acre. All of section nine , containing six hundred and forty acres. All of section eleven, containing six hundred and forty acres. ' All of section thirteen, containing six hundred and forty f lacres. All of section fifteen, containing six hundred and forty acres. All of section seventeen,containing six iluJldl'ed L �I and forty acres. All of section nine teen,containing six hundred and thirty six acres and severity four hundredths of an acre. All of section tWernty-one, containing six hundred and 1, �, forty acres. All of section twenty-three, containing six 1 hundred and forty acres. All of section twanty-five containing 2 six hundred and forty acres. All of section twenty-seven, containing six hundred and forty acres. All of section twenty- nine nine,containing six hundred and forty acres. All of section v thirty-one,containing six hundred and thirty -eight acres and . eighteen hundredths of an acre. All of section thirty three containing six hundred and forty acres. All of section thirty ,% ;i• five,containing six hundred and forty acres. 1 C Township Seven teen$Range six. Ali of section one , containing seven hundred and forty acres and eighty hundredths of an acre. The Lots numbered one , two , three, four five, six, eleven and twelve and the South half of Section three , containing five hundred and sixty nine acres and eighty four 5- hundredths of an dere. All of section five, containing seven hundred and eight acres and sixty hundradths of an aer- � � 1111 11111115 Hill I . aiad 'td�tji,. acraa: The`-lots numbered one,• and Five, the North- east quarter and the North half of the South East Quarter of section nineteen, containing two hundred and forty' night acres and seventy one , hundredths of an acre. All of section Z" twenty one containing six hundred and sixteen acres and sixty hundredths of art acre, The lot numbered one , the Sotzt?i,West quarter of the South East quarter, the North half Vf the South East quarter, the North East - quarter and the West half of Section twenty three, containing six hundred and ten acres and eighty two hundredths ok an acre. The lots numbered one , two , three, four, five, six, .seven, eight, and nine, and the ..�.:.� North half of the Pdorth East quarter of Section twenty. five, containing - two hundred and thirty six acres and fifty four � . hundredtizs of an acre. All of section twenty severe,containing six hundred and forty acres-, The lots niunbered twu and three , the East half of - the North West quarter, the East half of the South west quarter and the East half of section twventy nine, containing four hundred and ninety two acres and fift,r five hundredths of an acre. The lots, nuidbered fourteen, fifteen and sixteen of Section thirty-one, containing five acres and forty three hundredths of an acre. The North half of the 'North East quarter, tae South West quarter of the South East quarter ` { and the West half of Section thirty three , containing four -hundred and forty acres. /All of section thirty five,cantaining six hundred and forty acres. Township twenty one ,Range five. Towns hip. twenty two ,Range five". Township twenty three Range five. Township twerity four,Range five. Township twenty five, Range five. Township twenty six Range five. -- . five , containing fcri;r hundred '5L lid forty four acres and sixty tvio hundredths Of an acre. All Of section nine Containing six hundred and forty acres. All of Section eleven cuntainin-g 1 �� six hundred and forty acres, A11 Qf section_ t2-.Lirteell, contain- J- ink; -six hundred and forty acres. All of ;section_ fifteen, containing six hundred and forty acres. All of section seventeen, containing six hundred and forty acres. The 17ortd--, West quarter and the Eke half of section tiventy three containin.g. four hundred and eighty acres, All Of sec�iun J twenty five, containing six- hundred and forty acres, Toi-rnship tiventy ,Range five. atilt, le s numbered o re , ';-;C) , three f o ur and f i ve L. the South half cf the North Hast, quarter, the South half of the North West quarter and t-he South 2uili, of section three, containing six hundred and thirty one acres and forty nine hundredths of an acre. All of section five, cOlItaining six hundred and thirty 0-4ght, acres and eLi ly ;)it hundredths of an acre. Tile Hast, half of to-.e Wes t quarter, the South East, quarter and the I-Torth half Of Section seven, con tai 1,4 ng five hundred and fifty seven acres and fo.-ty 1hundredthr, of art acre. All of section ninecuntal- ning f ue r hundred and seventy -0 eight acres and forty -C.Lve hundredths Of an acre. The lots 4 numbered one , two , three, Lour , five, Six and sevell, the Wes", half of the Suu+.-'-- Eos; quarter and the West half of Section eleven, containing five hundred and ninety nine acres and sixty hundredths Of ail acre. The lots numbered one , two , three fo ur, five,six, seven, eight, and nine , the East half of the North East, quarter, the North- half of the South East quarter, the South East qua)-t,-,-r of the South East quarter, V South wes,-I, quarter of the North West quarter and tIl-le TVest half Lf t ' -ion thirteen Containing he South Wes, quarter of sect ,��. .•�,.I!' 1.,14. .7.L` (if ft7 .T...frr.! —L�a.• ._.A•._,;•. `C Township twenty,Range court All of section one , containilig six hundred a2 d fcrty three acres and twenty eight hundredths of all acre.` All of section three containing six hundred and thirty eight acres and forty four hundredths of an acre. The South West quarter, the Viest half Of the South East c uarter and the North half of section eleven', containing; five hundred and sixty acres. The lots nimbered four, five, six and sever', the West half of the North East Quarter and the 1-urth Wes 3 quarter of Section_ thirteen, containing; one hundred and sixty i'ifty three hundredths of a.Il acre. , The,liorth eight acres and half of the South We$t quarter, the South Easy, Quarter of the South West quarter, tije South East Quarter and the I;urth half Of rection_ fifteen, containing, six hundred acres. The to-s Nu11'oered One , tyva , three, four , live , six a-id ei ht, the North West quarter of the North East o�:Larter and the I;urth half of the north Nest quarter of Section tLVe2lty ti-I-ee, containing two hundred and fifty tNvu acres aYld eig,llt hundredths of all acre . The lcts numbered sevel2 and thirteen of section_ tvia,1ty five , cuntaining sevellteen acres and ,z 2-_ety five hundrt:dths of asi acre. The South half of sec„i.o, thirty five , contail1ing; three hundred and t,;�e21ty acre:. Township twenty one ,Range ?+our. 'Township T,-;enty t,lO ,Rang,e, four. Tovmship. Twenty t._ree,Ra.nge four. Townsip�i 11ineteen Range five. All of section_ one , containing s_x hundred ai. sig-t�; four sig_ hundred-It-11-is of an acre. All of section acres and ninety -� three coi?twining; six hundi ed and seve2lty seve'1 aeras and .J•t v, J forty two hundredths of ars acre, The lots nine. red one and tyro , the So at” half of the I?orth East Quarter, theI�ortrl East +l;a POnth half. Of the Last half of section nineteen, cor_tainirg five hundred and i fifty seven acres and eighty seven hundredths of an acre, � 3 All of section thirty one , containin-g five hundred and ninety one acres and (fifty two hundredths of fall. acre, / > iTownship ITineteen,Range four, The lots n,mbered one,, two , three and foLir, the So:zth Ralf of the Forth East quarter, the South Half of the North West quarter, the South West ,quarter and the North - , West quarter of the South East quarte r of sec;ion_ one containing five hundred and thirty nine acres and thirty eight hmrldredths of all acre. All of section three cor_tair_ing six hundred and fifty nine acres and eighty hundredths of an arse. A.11 of section_ five, containing sit_ hundred and sixty two acres and twenty hundredths of an acre., All of section seven, containing six hundred and forty six. acres aI'.d sixty A /. six hundr�idt:is of a -t acre. All of section nine , containing %i six hundred and forty acres , All of sec tj.Gn eleve2;, containing ,.Lx hundred and flirty acres, The lots numbered j five , sixeigllt , ten , eleven and One, two , ti'.ree, four, twelve ��the North West quarter of the I: ter orth Easy quar ,' the West half of the North West quarter, and the West half of the South West quarter of Sec tier. thirteen_, containing three hundred and sixty six acres and sixty hundredth.sof all wore, All o section. fifteen, containing six hundred and forty r acres. All of section seventeen, containing six hundred and forty acres, All of Section nineteen containing; six w hundred and forty two acres and twenty six hundredths of an C -/ acre. All of Section twenty one ,containing six hundred and forty acres. All of Section twenty nine ,containing six_ hundred alid forty acres. The lots numbered one , two , three and four, the East half of the ]North West , quarter, the East ` half of the South West quarter and the East haf of section. — ' j -. ... atu�.rt.sr' a.1d'''t2�:a• Oo-utYa Saasnt cyuaztC1^ oS ne�otia n t2i11'ty t2]s'e3�� containing four hundred and eighty acres,`Tha Lots nu mbered one , two , three, four and five , the Rest• half of the 11rorth West quarte."( and the Sou *i half of sec;ion thirty five)containing five hundred and twe ity s4 acres and twenty hundredt-'s of an acre. �. `Puir�lsl,.ip tI:enty one , Range three. The -East lalf of the South West quarter and tr_e West of the South East cuarter of Sect .-,j elevel_, containing one hundred and sixty acres T v Township Seienteen.,Rang.e four, All cf section sever?, containing five hundred and thirty four acres arid ninety I'olir hundredt n-s of an / acre. All c f sectI� cl, :seventeen cc ni.ng ._ , r.tai s_i._ hundred and forty acres. All cf -,ecticn nineteen containil:g five hundred and sixty five acres and fifty t4vc) hunclreclths of an i f acre. All of sectiol? t:`:e11t; Une , CU1?fsalnit?; Si?= rila27drad r - d f anortv acres All o" seclk icn t�;e??t y three ,Fee , contdir.ir_g , five hundred and - hirty five acres andttiirenty hundredths 2 .j of an acre. A-11 of secticn tWerity five, CU1?' oll7il:€; 5ix c �� rn hundred and forty acres. All z:f secticn twenty seven, containing five hundred and fift�,� eight aures. All of SeCtI.On ttieni•V 1?11?e CUntcli27►n€, s-L 1lundred and forty acres. IC All of secticn thirty one , coritaining five hundred and r•inety seven acres and thirty four hundredths of an acre. � � . • .9' All of secticn tr_irtyv three, containing six hundred and forty r acres All cf s 1 c.c �i.or. thirty five, containing five ' hundred and ninety nine acres and five hundredths of an acre. � ;, -U .i� 71 Townih ip EighteentRange Four. .j J All cf section seven ,contair.ing six hundred and eighteen acres, and three hundredths of an acre. The lots Hundred and fort;; acres. The . logs nunbered one , twC , three and four, the Suuth half of tile Forth East giiartear, the South half of the North West quarter .and the South half of ` c, r4 section thirtyfive: , containing five hundred and seventy six acres and eigIl ty seven hundredths of an acre. Township Idineteen,Range tiiree. The lets nurlbered orae , t Wo , three and four, the North East quarter, the East• half of- the North West quarter, the North East quarter of the South West quarter and the r North hz if of the South East quarter of section nineteen containing four hundred and sixty eight acres and t_nirty seven hundredths Of an acre. -The lots nu=-tiered fuer, five , seven eigY�t , nine, ten, aleven, tti�elve, and thi •-teen of •section . ' / twenty one ,con wining one hundred and s•event�, "four acres and seventy three hiindredths of a.rl acre. The luts numbered one and tiro , the East- half o; the North Wes', quarter and ti.e South half of section twenty three, cunta=l;rli€; fu-L.-,.r hundred al�.d seventeen acres and tivell-ty two hundrzsdt l.s of all acre. Thr; lots numbered one , LIVID , three , four, five , Six) sevenand eight , the North half of the I•Iurth East quarter and the North half of :he Iat:rth West quarter Cf sectionLtirellt;; five, containing three hundred and ' thirty thirtk � ,, seven aeras. All of t- -• seCIiun twent .' saver CUntaili six 111xIlcired aIld fG2't;f aC2'e:�. The lots numbered one , tlu-e:e , Your, five , six, and oeverl, the South West gaarter of the I?urtl. Wes-1, c„anter, Ilurth half of the South best quarter and the South East quarter of the SouthEast quarterr of section t�renty nine , ccrnlailiing tvro hundred and sixty five acres. All of sectiuii thirty one , containing; five hundred and ninety acres and flirty hundredti;s of an acre. The North half of the Ilorth East quarter, the South East quarter of the I-Tort''-_ 'Eust quarter, the North half of t_te North Wast q,.la.rter`, the South West quarter of the North East quarter, the South half of the South East quarter and the West half of Section eleven containing fuur hundred and eighty acres. The East half of the South West quarter, the North half of the South East quarter, the South West � quarter of the South East quarter and the North half of section thirteen containing five hundred and tvventy acres. All of section fifteen containing six hundred and forty acres. All of -7 section seventeen containing six hundred and fortyacres. The) lots nwribered one , two , three, four, five, six, seven, eight, and nine , the North ha.lf of the Northeast quarter and the North East- quarter of the Northwest quarter of section nineteen, containing; fuur hundred and seven acres and thirty one hundredthsof an acre. The lots nwnbered one and two , the North West quarter, the East half of the South West quarter and the East half of section twenty one containing six hundred and two acres and t i rty five hundredths of an acre. All of section twenty three , containing six hundred and forty acres. The lots numbered one and two , and the North half of section ttirenty five , containing three hundred and fifty nine acres and fifty seven hundradths of an acre. The lots numbered one , two , three and four, the North half of the I.orth East quarter, and the North half of the Ilorth West quarter of ' 7 section trenty seven, containi:lg one hundred and eighty six acres. The lots Numbered one , t.vo , three and four and the -� South half of section tive_ity nine , containing; faun hundred and three acres and seventy five hundredths of an acre. The lots numbered one , two, three, four, five, six and seven , the North East quarter, the East half of the North West quarter, the North East quarter of the South West quarter and the North I half of the South East gUELrter of section thirty-one,containing four hiindred and eighty five acres and thirty eight hundredths East quarter of Section nine , containing one Hundred and sixty acres. All of section eleven containing six hundred and forty acres. All of section thirteen, containing six hundred andforty acres. All of section fifteen, containing; six hundred and forty acres. All of section seventeen containing six hundred and forty acres. All of section nineteen containing six hundred and twenty four acres and ninety six hundredths of / an acre. All of section twenty one , containing six hundred .� andforty. acres. All Of section_twenty threw, containing; six hundred and forty acres. All of secti on .twenty five, - containing six hundred and forty acres. All of Section tv enty ' seven,conta.ining six hundred and forty acres. All of section twenty nine , containing six hundred and forty acres. All. of section thirty one, containing six hundred and thirty five. acres. and four hundredt�is, of an acre. All of section thirty r three containing six hundred and forty acres. All of section thirty five, containing six hundred and forty acres. i o Township Eighteen,Range three. ., iz The south half of the forth East quarter, the I � South half of the North West quarter and the South half of section one, containing four hundred and eigi;ty acres. The lots numbered one and two , the South half: of the North East quarter, the South. half of the t-T rth West quarter and the South half of i �. section three , containing five hundred and f* fty seven acres ,.< and thirty hundredths of an acre. The lots Numbered one and two, the South half of the North East quarter, t2he East lurlf of the 'I� South West quarter, and the South East quarter of section five, r containing three hundred and ninety nine acres and thirty six _ '7 ing five hundredths of an acre. All of section sev.eri,contain hundred and ninety acres and thirty six hundredths of an acre. The North East quarter, the West half. of the South Eaist quarter, the West half of Section -nine ,, containing 'Live • ..;anF..��?;. ZS'ig'�r CI:S::i_i i�. r`;,j f' n .41x Lvs�tl RE+•r1�© �ry2-•�v. X All of section one , containing six hundred and tvrenty seven acres and thirty six hundredths of an acre. All of section three, containing six hundred and thirtytura ac res and six hundredths of an acre. All of section five cantailling six hundred and thirty four acres and ninety eight hundredths of an acre. All of section seven ,containilig fivehundred and twenty four acres and severity three ha.ndredths of an acre All -Of section nine , containing; six hundred and forty acres. %, ,,,� �; All of section eleven containing six hundred and forty r � acres. All of sectio►1 thirteen, con':aining six hundred and forty acres. >� ✓ _�� All of section fiftef;li) containing six hurjib-ed and forty i . acres. All ofsec tion seventee1z, `y containing six hundred and forty acres. All of section twenty-oils , twenty-one, COrlt�iini.l� six r� hundred and forty acres. All of section fwe2lty three, containing — six hundred and farcy acres. The North ha.lfof section twenty five containing three hundred and tvre2lt�,� acres. The North half Of the Nort_Z East quarter and the North East quarter of the '/ �✓ 1 , North West quarterof Section twenty seven, containing one i hundred and twenty acres. Township seventeen ,Range three, All of section one, containing six hundred and - thirty seven acres and ninety two hundredth sof an acre. All of section threw containing six hundred aryl thirty five acres and thirty '. hundredths of an acre. The lots numbdred one two + � , �hrec, four and five, the South half of the North East quarter, the South East quarter of the North West quarter and the South half of section five I containing,g, six hundred and seventeen acres and ninety nine hundredths of an acre. The lot's nwabered two trr' ee andfour the East half of the South West p � `� quarter and the East half of section seven , containing four hundred and ninetjr seven acres and fifty 6eiT v ht hundred�ha n-r r tree, Idc,:-th Wn es t quarter, and the East :calf of the South East quarter of , Section twenty three, containing. three hundred and ninety nine acres and two hundredths of an acre. The North Nest quarter and the South half of Section 'tlivent y five, con taining four hundred and eighty acres. The lots 1rim,ered one, two , three, four and five and the South East quarter of the Idorth East quarter of Section twenty seven, containing one hundred and twenty acres and one hundredth: of an acre, i The Sout1 half. of section twenty nine , contiiin:ing three i . hundred and twenty acres. The North East quarter, the East half of the North 'Jest quarter and the 'South ]uilf of Section thirty one , cc►ntaining five hundred and sixty nine acres and five hundredths of an- acre. The North East quarter of the ITorth East quarter, the South half of the Ilorth East quarter, the North West quarter, of the North West ^' 3 • quarter, and he South half of section thirty-+,'L t ' y-+�11ree, co ntain- ing four hundred and eighty acres. The North West quarter of the North East quarter, the East half of the North East quarter, the IVort.i West quarter, of the South West quarter, the South half of the South West quarter, the North East quarter of the South East quarter and tie South half of the ."• � -=• ''�'�- South East '- quarter of section thirty five, containing three hundred and sixty acres. f Tovrrrship twenty ,Range .tvvo. i ;•'� The South West quarter and the ..•�'-~ West half of the South East quarter of section seven containing two hundred and forty acres. Township twenty one,Range two. The North East quarter of the South West quarter and C ' the South East quarter of Section nineteen I containing two hundred acres. All of section twenty-nine ,containing six hundred and forty acres- TKA i n+ .tea Yv•aczer, tris I1ortYi Wast quavtez•, the T7orth ha1T OS the South West quarter, t.he South West quarter of the South West quarter and the North East quarter of the South East quarter of section twenty three, containing three hundre • d and sixty acres. The lots numbered one and two, the South half of the North.East quarter, the North West quarter, the North half of the South West -2, J quarter and tine South East quarter of Section twenty-dive, containing five hundred and twelve acres- ar_d forty hundredtrs of an acre. A.11 of section twenty seven containing six hundred and forty acres. The North West quarter of the Worth East quarter, the South half of the ldorth East quarter, the Forth West quarter and the South halfof section twenty nine, containing six_ hundred acres. All of Section thirty one, containing six hundred and forty five acres and six hundredths of an dere. The lot numbered one , the Worth half of the No Wes" quarter, the South West quarter, and the North. West quarter of the South East quarter Of Sectionthirty_hree� containing three hundred and nineteen acres and ninety four hundredths of an acre. The Borth East quarter and the South half of the South East querter s . of Sect ion thi rty f ive cc ntair_ing two hundred and forty acres. 7�. Township Wine teen,: Range Two . The South East quarter of ..ec,1 -� ion seven, containing one hu-r{dred and sixty acres , The North half of .the 21orth East st quarter and tY+e Worth half of the Worth Vest quarter of section nine, containing; one hundred and sixty acres. -The West half of the North West quarter of Section_ seventeen,colit ainirg eighty acres The lotanumbered one , two, and three, the North EaHt quarter, the East half of the North West quarter and the Worth East quarter of the South West quarter of Section Nineteen containing four hundred and ninety three arses and ninety five hundredths an acre. The lot nuribered five of section twenty one, colit air thirty three acres and thirty four hundredths of a.n acre, i!!S��3Ie.FC1'�I•iR-.�,.,�"�'-+_�T�4��a�' '"i.u�..p.o►a.o.asL ,� - - '„ and forty five hundredths of an acre. A11 of Section. eleve11 containing six hundred and forty acres. The North East quarter of the North East quarter, the South half of the North East quarter, the South half of the North West quarter and the South calf of vection thirteen, containing five hundred and twenty acres. The lot maribored one ,', the East half of the North West quarter, :the South West quarter Of the r North West quarter, the South Nest quarter and the East 1 half of section fifteen , containing si3. hundred and thirty nine acres and fifty hundredths of an E�cre. The lots num"bared seven, eight, nine , ten and eleven of section seventeen, containing fifty seven acres and seventy hundredths of an acre. The lots Numbered four , five, six and seven, the North East quarter of the North West quarter and the East half of section twenty-one containing five hundred and thirty three acres and seventy five hundredths of an acre, All of section twenty-three containing six hundred and forty acres, > i �2j? All of section twerity-five con-taining six hundred and forty - acres. The lots numbered five, six, seven and emit, tile- Ilorth East quarter and the North Iiiaf..of the North West quarter of section twenty_seven,containing four hundred and sixteen acres and forty five :hundredths. of an acre. The lots numbered one , two , three and four, the Ilorth half of the North East quarter, the South East quarter of the North East quarter and the North East quarter of the Northwest quarter oA section thirty five , containing three hundred and thirteen acres. of the South West quarter, -the South East quarter of the South West quarter and the South half of the South East quarter of Section thirty five ,containing three hundred and eleven acres and thirty hundredths of an acre. 9 2" Township Sixteen,Range two. The lots nindbered one and two , the South half of the Forth East quarter and the South East quarter of Section J, one , containing three hundred and eighteen acres and thirty three hundredths of an acre. The East half of the North East quarter and the North East quarter of the South East quarter of Section eleven,containing one hundred and twentir acres. (in Thurston Co. ) Tovrns�nip Seventeen,Range two. The lots niulbered one , two, three and four , the South half of the 1lorth West quarter, the South West' quarter and the South East quarter of the South East quarter of Section one , containing; four hundred and forty five acres and fifty six hundredths of an acre. The Lots nimbered one , two , three, four, fi-ve, six, and seven, the South East quarter of the North East quarter, and the East half of 'the South East quarter of Section three, containing three 211 two and sixty two acres and ninety two hundredths of an acre. The lots numbered one, two , three and four, the South West quarter of the North East quarter, the South half of the North Nest - quarter the South West quarter, the West half of the South i East quarter and the South East quarter of the South East 0 quarter of Section five, containing five; hundred and sixty two acres and ninety three hundredths of an acre, . The lots nimbered six, seven, eight , nine and ten, and the Borth half of the North East quarter of Section seven containing two hundred and sixty seven � �, ;.:a:t:Ei��'v�aio � i�n3r� T._i; an acre. three hundred and seventy nine acres and sixty two hundredths of an acre. The lots numbered one , two, three, four, five and six and the North East quarter of the South East quarter of Section nineteen, containing one hundred and eighty eight acres- and thirty five hundredths of an acre. The East half of the South West quarter, the West half of the South East quarter, the North East quarter of the l c,. South East quarter, and the North half. of Section twenty one containing five hundred and twenty acres. The lots numbered one, two and three, the South West quarter of the North West quarter and the West half of the South West quarter of section a,. twenty three,containing two hundred and forty four acres and seventeen hundredths of an acre. The lot numbered three and the South East quarter of the South East quarter of Section thirty one , containing fifty two acres and five hundredths of an acre. 1The lot numbered five, the South half of the North West quarter, the South West quarter and the South West quarter of the South East quarter of Section thirty three, containinc; three hundred and twenty one acres and twenty five hundredths of an acre. Township twenty-one,Range one. The South West quarter of section fifteen, containing one hundred and sixty acres, All of fractional Section / twenty one ,containing three hundred and sixty seven acres and 2. .�_fifty hundredths of an acre. All of section twenty three, containing six hundred and forty acres. All of fractional section twenty five, containing five hundred and seventy eight acres. All of fractional section twenty seven, containing one hundred and ninety eight acres and seventy five hundredths of an acre. The lot nivabered one of. Section twenty nine , containing one acre and twenty five hundredths of an i acre. The lot number one of Section thirty one ,containing six tni&Iq— ANgy& .fie. 7 of section seventeen containing one hundred and twexwa marem / and sixty six hundredths of an acres The. lots numbered one , two, three and four,. the North West quarter and the South East o ur hundred and quarter of Section twenty three, containing I f 4 seventeen acres and thirty six hundredths of an acre. All -of een section twenty seven, containing six hundred and. � fto tacres and twenty hundredths of an acre, The lot Numbered four, the North East quarter of the North East quarter, the South half of the North East quarter,/ the East half of the North West quarter, the East half Of the -South West tivarter, and the 3 North half of the South East quarter of section thirty three, containing three hundred and ninety nine acres and fifty hundredt'ns of. an acre. The North East quarter, the North West quarter of the North West . quarter, the South half of the North West quarter, andt hdlcro ut h half of Sect ipn thirty five, containing six hundred acres. Township twentylRange One. The lot numbared two , the South West quarter and the West half of the South East quarter of Section one, containing two hundred and seventy five acres and two hundredths of an acre. The lot nindbered four, the South East quarter of the North West quarter and the south West quarter of section Aseven, containing twu hundred and twenty four acres and CI eighty five hundradt'ns of. an acre. The lot Aunbered one of Section Eleven, containing six acres and thirteen hundredths of an acre. The Lot numbered one and the North East- quarter of the Nurth East quarter of Section thirteen, containing sixty acres and eighty hundredths of an acre, The Lots numbered one and four, the North East quarter of the North East quarter, the South half '�j Ea B*t quarter of the of the North East quarter, the South The Nord,, 'Rest 'quarter of the Dort'. East quarter the South Half of the North East quarter, the North West quarter, 'the South half of the South West quarter, and the East half of the South East quarter of section thirteen, containing four hundred and forty acres. The lots numbered one , two and three, the North east quarter of the South West quarter, the North half of the South East quarter the South East quarter of the South East quarter and the North half of Secti on fifteen containing five hundred and sixty acres and thirty hundredths of an acre. The lots numbered one , two, three and four of Section twenty three containing two hundred and fif.t;* hundredths of an acre. The lots ivruinbere.d three, and four and the East half. of the South East quarter of Section twenty five, containing one hundred and ninet; seveacres and two hundrzdt: of n an acre. Township Nineteen,Range One. �� ----- The South East quarter *of the North East quarter, the East half of the North West quarter, the North East quarter of the South Nest quarter and the South East quarter of the South East quarter of Section five, containing one .hundred and ninety nine acres and three hundredths of an acre. The South East quarter of the North East quarter, and the North West quarter of the North West quarter of section seven, containing Lt . seventy six acres and forty six hundredths of an acre. The North West Quarter of Section nine, containing one hundred and sixty acres. The South East quarter of tha forth East quartan, the West half of the South West quarter and the East half of the South East quarter. of section thirteen containing two hundred acres. The .Lot numbered, one , or all of fractional section fifteen, containing fourteen acres and seventy five hundredths of an acre. The lots Numbered seven,and C1"I artal r I th :a Hast half. of 't.aa South IV a st q-trar4- and the 3 3 South East Quart,-,r of section tliirty tn-ree, containing four hundred ar.d sixt—-_-n acres and -.rif*luv "1-1undr'edt-'_15 of an acre, The lots nuMb a re d o ne and t-w:i the South We.,' quaru,;r of the North East q-aart.-,�,r, -tne Nort1i West (juarter, und 1)", t SOO,I Ith half of Sec t,-4o--,,i thirty' •'1i-C , '2v I I tai nil? five e.uYidr,_!-d and !3ixty a.L,,.,,ht acrls.i and 1'.L.Lfty hu n dr a d o f an acre. NortI-L of BELSe Lille and East of Will.Eimette lTeridian, State c;f Washin,gton,Townshi-n Sd'venteen Range 01-ne.. T'La lots ]Tum,"ber,,;-d three, four , f i V six and seven, the Soutlh Of th," East q7L1a2-tt-`, -0-i" SQ'It'll East quarter of the, North West quarter, the Went 0,11ZL29ter of the South West (paart-.r, the East hall' of t Sol:til West Uhe West, half Of the Sout"n East qn.i-arl"er and 1l1.e, North East m - uf. the South Bast qiiart?r of Section one, er-,ntaininC a.,ld th-irty -Cuur c.;Icres and sixty h1jndr•::dt'Y_,s of Ltn T-,-e lots mutfibered. -'%:)ur and -five of Seel-1 -:)-f; ei,:Ven containing fift -ty ft,;ur aeries and ten hundredths of an acre, Townshi-o Ei rThte erl Rang e One. -o n'ai ninP six 1-inindred and All of Section one $* c U U forty acres ar-d nine hundredE'--as of an acre. All of section three _ij containin.g. six 1.1-iindrad and tj...,iirty ei FF.-It acres and e igh ty two hundradt_las of an acre. The lots nurfoered tllree and se-,ren, the North. East-quartor thIT e Vort-h half of the South East, uarter and the South East quarter of t-.,ie South Fast quarter of d fifty -41'i-ire acres, and t".iree limidi -d iin Section nine , coni-Eii ni ng twenty hiindredths of an acre, Al J. of section eleven containirg six hundred and forty acres. The Iderth half of the 77orth East miarter, the South half of the South East quarter, and the West half- of Sectioll Sever, containing four hundred andnirety sevell acres alxl th_.irty nine hundredths of an acre. All of. Section ?Tine, containing thirty acres. The East ,calf of the South Wc5t quarter and the 1 J South East quarter of Section eleven, contain=ng 'wo hundred and fcl'ty acres. The lot rimbered four of section thirteen, contain- ing thirty three acres. Tile lot, num-D)ered s .t of section fifteen,cor•taining i tee, ✓ fifty nine acro_. e� The 1:;•;S nitr.ber od c lna and two of rection seveIiteen containing, :even acres andf i:ft•, hundredths of all acre. All c: sec:iari llireteen con tainirff; two hundred and Y forty fire acres a.nd fifty .ur.drt:d't: of an acre. The North Eaot (quarter, t,-..e Ea;;t hE:.lf of tY)e idur t" Nest qu2rtor, the ITurt:n half of the South :lest q:aurzer, the South East quarttir of tree South West aua rt r and the North half of the South East quarter of Section 1;tranty three ca:itwil;.- ing four hundred �t1"tCl!`forty acres. - The Io is nal.1bered three and of se:ctiall twenty- five , con-taining thirty acres. The Ict numbered ne , the North half of t ne ITorth East quarter, tl',? I•Tort'1 East. glia,rtor of the ITotath West gtl.al" er, ane Sc,utn half ,o.f the North Wes` i1ilartar, arcl tale Sous? West ?1t � SaVZl1, iil ; t1 'La 1? il ' d I Uartdr U ' 'dCi1J and ninet••- four acr:?;3 an-(: fifty hundred lis of an E-wre. ( All of section thirty one , containing 1`iel,re rcreso ^1^e lot nir-Ib ored -eta , the ?Tort:_ East of the North East the South half of the ITort:l Ea-- - I T The lot numib Bred V o , the East half of the Ilorth East quarter, the West half cf the North West quarter, the West half of the Suutlh West quarter and the East half of the South J fi - ' quarter, of Section thirteen, containing three hundred +Eas , and fif�y one acres and fifty hundredths orf &n acre. ��. The South Eas; quarter arid the North half of - ' v Section fifteen , containir.g four hundred and eighty f acres0 The lots numbered one and two , the North West r quarter of 1uhe North West quarter, the South Las:, quarter u South West quarter and the West calf o� the Sutz y f the - th Ea-St quarter o f Secticn Nineteen, containing; two hundred and thir•t3,-sellen acres and fifty two hundredths of ail acre, Tite South West quarter, the Ilurth Fires t quarter o f the South ast quarter and the e North half of Sectior, ttiventy-three containing, five hundred and tiven ty acres, The 10;s numbered three , . � four,J.. , f 1L'e and six , the West half Of the Ilorth West quarter and the West 'rali' 0.,- the Suut Wes'("' quarter of y h Section ttrent31-five, containing t h-ee tihurdred and seven teen acresan d • eighty-six hundredt:•;.s of an acre, The lot numbered ur_e , and tlhe North half of the J North East quarter- of Sec� 1 ; tor. twenty-seven, containing one and eighteen acres and ei •lt f rhundred 3 -moi ve hundredths of an acre, The lot rumbered two, the North Fant qu�.rter c4. the North West quarter tlh } , e West half of the North Wes: quarter, and the North West quarter cf the South West quarter u�' - Sec -i.on. 1 . thirty-one , containing tM hundrO.d alhd three acres aI- L4 fifty U hundredths of GIh acre, The East half of the North Bus: quarter and the East half of the South East quarter o-, Sect -;un thirty-five, containing one hundred and sixty acres, i Nt:: L�JNU ra*.hirgton, and Portland, Oregon, declared forfeited by the Act of September 29 ,1690 have b-a-en ec-n-structed and "fully completed and e quipped in the !:,,anrer prescribed by the Act relative, there-to , and the sare accepted by the President, And Whereas, certain tracts have been listed under the Acts aforesaid by the duly authorized agent of said Northern Pacific Railroad Company as 5hawn by )iJL*,-ffj-*[;ir.al lists approved by the Local officers, and on file in this office. And Whereas, the said tracts of land lie coterminous to th-e constructed line of road and are particularly described as follows ) to-w-it : ll,*orj-h of base line ELrd West of T-fillan-ette Meridian, State of Washine.ton, Township Twen Range, One, J T)i e Lu,.s nnnri)ertrd one,. two three and five, L-h a N0I tV crth We6t quurtur 11e V]TU rth East qtmrtor, the Suuth 11 a- 11f of the IT orth East quarter .he Suuth East quarter of Secticn One 6-C!Ft:-—ad.riirg four hundred and aI p,teen acre- ard eighty-five hundredths of an ucre, ai ni nfr sig: hundred and All of Section three, gon"L. Y I A, fifty seven acres and:thirty hundredths of mi acre.. The lots numbered one, two , four and five of. t. S e t.A, ;'arty containing one hundred and Qrty acre5 and severity-th-ree hundredths of an acre, rA The lots nufftered one two and three of section seven, containing ninety-seven acres and twenty two hundredth5 OIL an acre, All c:r section_ nine containing six hundred and twenty seven acres and twenty hundred-t-1-is of am acre; The West half of the North East quarter, the South FiLst, quarter, and the Wesj%-, half of Section eleven ,containin9-.-',:.'.- r 152527 --"JkS4115=_-3 T(.�5� 9-11-02 Henry Idurray and Catherine Iaiurray 47 D his wife , of Tacoma, P C , Wash- Con $257. 50 irgton, D Sep 3, 1902 A Sep 3, 1902 -To- R Sep 6, 1902 at 9:13 A M B / g( Deeds, P Northern Pacific Railway Company, a Wisconsin corporation, i Grant, bargain, sell, convey and warrant to the Northern Pacific Railway Company, a Wisconsin corporation, the following described property, to-wit :- A strip of land 100 feet in width, being 50 feet wide on each side of the center li a of the main track of the Northern Pacific Railway ompany, as the same is now located, constructed an to be constructed over and across /\ the westerly three-fou the of the Isaac Bastian D. L. ' C. No. 39 , in Section 9, Town 17, North Range 2 East W.M. ; Also an additional strip 30 feet in width on each side of, parallel with and adjacent to the southerly 1400 feet -of said above described 100 feet strip; together with the two: lines of fencing now located at a distance of 50 feet more or less on either side of the said railway track, as the same is now constructed over said Isaac Bastian D.L. C. Said railway company to maintain said fences and construct and maintain additional fences along any unfenced portions of the right of way herein conveyed. Said Railway Company shall and may change. the channel of the stream known as Gravaille Creek, wherever the flow of said stream may be interfered with by embankments made in constructing said railway across said Isaac Bastian D.L. C. - All of the above described property being sitauted in the C. of k, and S of W. Witnesses Henry Murray Robert P Rigney her Ernst Hoppe Catherine X Murray mark S of W, C of P, ss I , Ernst Hoppe, a N F in and for the said ". State, do certify that, on this third day of September 1902 personally appeared before me Henry Murray and Catherine Murray his wife, to me known to be the individuals described in and who executed the within instrument, and acknowledged that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. (wife examin- ed separate and apart from her husband) Ernst Hoppe, N P, Residing at 'Tacoma, in P C, Washington. ( Seal, Ex of Com) ( Ifar 23, 1906 ) (Inst Abstd 1 ---- ,152527--------- � �+.� i u L• 1.1 1 11 G �._• 1_li 111�/J 1 �' , 1 .•� :i `?, r 1 7 Of Pierce County, State of Wash- 1: -kr 2s, loll 1 4�3� 6111 ington, R Dec o, loll; At 1:f5 1-0.1Se -To-- E reeds,P Ll Z' Taco•.:ia Eastern Railroad Company. �v ro hereby convey and Warrant a strip of land, of varying -tri dt1_, extending over and across frons tr_e crest side t,o •t1le. gide of the folloxdng described trext- of lane+. si tu_�teuin the. County of Pierce , State of t�'ashing- ton, and described ws follows, to-grit ✓ Co fencing at the northeast corner stake of the Isaac Bc-;.soon Donation Claim, thence ,vest alongthe line of said claim eighty rods, thence south along the line of said cl"._ri ninety-tyro rods, thence east according to devre�s of E:aid line forty rods, thence north twenty-five Y' rods, 4;::e ce =, t forty rods to the eastern boundary of said Is: c Bastain conation Clain,, thence north alone said line sixty-ei€rt rods to the place of beginning, containing forty ,�;reQ, be-Ing „-.tueue in Section 10, Township 17, , I- Range 2, E. The tract hereby conveyed being triangular in er:a.I,e , u- d being all that Portion of said forty acre trc.ct lyi n i ; n fifty feet , on either side , of center 1 i ne Hereby conveying a. Strip, belt or z:iece of 1L fifty feet in �''_d�=. or e:.,ch side of the centerline or the railway of said Coz.y;any, as noir located and established over and across sr f_d land . The trc:Lct o' land herein conveved con- tain8 i:.li «rea of dl�rroxi�.ately four-tertr.s ( •A) op an Ac re . And said Grantors fcr the consideration aforesaid i.d, for tiiei=seiv�_s o r their heirs, assigns and legal repre- se,tvtive.s, further grant to said Comr)e.ny, its successors tend assigns, t.-:°,- 161't to protect any cuts which may be mz;.de geb said 1 ��?,' , by erecting f on both sides thereof, and within one Lundrei a.:ld .ii. Liy feet from said center line portable fenceE;: Prov_ded, ho;=never, that such fences �shall not beow erecter;, before th.e 15th day of Cetober of each year, and sh�.11 be removed on or before the first day of April of the year next eneuir_g heir erection. Hereby Cr vr.tine and Conveying to said Con.1pany, its succFeeors F;.nd assigns) a fee .simple title to said strip of land, togc'•,-,;_�r ,;u_-;Ut, ;till rights, privileges and immunities tL' t migj't, be a+cquired by the exercise of tiie right of en-rinen' don__F.an. And the said Grantors for themselves and for their heirs, _s ;.g_�,s , or legal reprecent a_tives, Covenant and agree -l-.i t s:icy �x�s:rts are upon no other consideration than that ntiy7ed herein; th-at neither said Railway its agger,;;& i_tive nip de any agreement Comj�arly nor ,, 1 , promise , or condition, verba or rir;_ Berl, for or relating to any crossing, Saia e rl ra�rOr G' ?..e:r 1xivilege, over, across, or under .c. that t Le right thereto shall be only r conferred by stat�ite orb a y 0.1e corra.r_�•e ,�F ;:�� c Sai y�?ai�l � BOi A- n writing under ?515C'2 con- . r � :nsruns, i• ►cIu*?.�s� ?d' I�QIUq 0 Pell. ::° e .}i . rt � tw •.,,:L. ,:L� -;..,; I. I. ;.� iig � t?;�q_� 4.fk: Y Pira. Lillie 11. 11cIntyre (Seal ) .ugh S.. (Seal) State of Wash-_nEton, ) )ss County of Pierce . ) and her r„so-:rd Pugh S.A'.�” v� eggeLb�heir'ireelandl .Pr4eTntyre wlimlkrwy --tc-t and deed, before ,,--; Johr. Burnett, Xotary Public for the Sty�'r of Washington, (Seryl, x_ of Corr:) residing at TacorL-a. (i7'ov. 12 101 . ) A'ost eL i i i i i -07 ;25::616 Thomas D. Chanbers a_-2d D ;rl• �"nd ot:�er val cons Sadie D. Chambers , his wife D Tov S, 1907 and Esther 0. Char bers., ._ 1,ov 11, 1907 L-c . C , S of ,', -1 NOV 21 , 1907 ; 3 :16 s •::. To_ Deeas,P TL.CC :a 3_tIl rCcD CC:.:i ,�_' (G corporation of V-I!e S 0f (: 20 "235615 ) *,, =oto-wit : A cart of t.-.e east quarter of the Isaac =Bastion donation cls im TTuuber thirt ,= -nine , 117in[� in SeC-t-0118 nine (9 ) snd .sixteen(16) of tot°.rship seventeen (17 ) North r4�n!ze two ( 2 ) East , described follows : A strip of le...d one hundred feet • ;Y;r: � , ter »aiCl striy of iar3 beim fift,1,7 (50) iFet in viath on Each side Of a center line described as follo'z1s, to-wit : i BeLinni at a point in the southwesterly boundary :;f ;z a_d J donation c1ni!::, 17__L h -Dint iq one hul:died ! ](1 t':?ent-- 5 x(l2b _ meet :•lcrthvJester 1-, from ui]e so-ut_lea t corner of said claim; thence north seven (7 ) f?e-rees e,-;.st t'i�i•rty-nine h ndre(? E_,1ci ^ I`•'� six- se'+en tj,-or1 ) feet to F -cin t in thy= north lil1E Of 5;rFtn nor' land, containionL. ni ne a:_:d tv?eIve hundredt .s (9. 12 ) �1 acres ; subject to t _e ri -hts of tie tenant no�..r in .ossEcCion of the said pre-ices under a lease which -will elx,-Are in the ? 011t3 a e r' e1,t - 1909 . find the said** *- exceyit those of or under said tenant , as l =it _ aforesaid. Tho?"-as 7,. Chawobers (Seal) Sadie D. Chambers (,/:3eL.-li Est'r:er 0 . Chambers 2 O - ', c Of Trim ss Lo''-- b5- Sadie D. Chambers and Esther C. Chambers- , as their free ad vol- act and deed, before C. y'. Bodle, T` B in 6 nd for the S of 17, residinL at Settle . (�e� 1, eT Of c om,1 (Dec. -3, 1909 ) S of 'ti, C of f, :!s• ncl1.-- "o-, 17, 19 b-17T1,o.ri�'.s .Tu. Chamaber,,^-, , as his free ar?d vol- act £!C. deed, before J, 1�. -::c to:arra,, Residing at Ta.coi-na,, in _FC , _ 1 ,ex of CG: j (J!1�?• 4 , 1909 ) --abst d----- 286 2 �r,i rz. �� LAC , v-615 Henry Murray and ;? D :�1. a~�d other v 41 cons Catherine 111array, hic wife, D I. ov 18 , 1907 Of TacOr:a, 7- r. AOV 13, 1907 3 Nov 21, 1907 ; 3:1.: 2. T A C C.j_l EAT IT H1'.1L ELOfsD 00.'?:. 'Y (£,. corl4 of the _Do b, s ; c rand warrer_t u :to sE.j d '2CC::�, _;,I'EM". _1f:I:; C:, :. �. TTY, E,rt;; of the seccnd part , ural to its successors and assigns , 3: stri - of l :_:d one hundred (100) feet in wl.Cth, as se;i.Le has ween or may liere.after i)e qurVe ed, located, or esuablisi2ed , thro!i�,h, over and acroes t ,-.e follolain`; Described land , SiLU.F.ted irj - � C, .. 0 ' t O-Veli t ; t,. (1A, Ext of t7: e west three.-quarters of the Issas Bast J on D-C- r....,..r..��, 'T thirty-nine, lying i i y t t „S � ) o . y_ninE, 1,; i�� in sect ' nns nine and uen of Uo:-_..,nil sel- enteen north range two, east , Said strip of lznnd bein�;ffifty (50) fleet in width on cr:ch side of a center..line described =1.5 follows , to-r.7vlit : F" y YC g•Beginni:_ at a point in tile port easterly boundary line of `( /y yr said donation Claim distant seventeen hundred and r:inetl--sever. feet in a northwesterly direction frorn tile ncrthea.st corner of seid claim; t ,ence so-inth seven degrees no r::inutes east fifteen hundred 9nd tw-elve feet to a point in the east line of grantor' s v7bich point is sc_ith tv:ent-.,'T-four degrees west fou":'teen hu-ldred a-,.-..d twent--.-eiChl t feet frc•n 1"he north rest ccrner of the a �:, �Sl _: rthe �t narter of Jl:e 1_ o_� East quarter of �.zii donr:.tion i c1aim conta,ininr- i:ree and fOrteight hundred: s acres . i And the said first parties , do hereby covenant to and with tIII E said seccnd party;: its successors ai7d assio-rls , that grantors are t}1E 0 '?7erS 121 fee sir, le Of said ire :i SES and ti=$t tl_ey are free -Fr a.11 encumbrances , that second party shall quietly enjoy said reirdses, and that fi rGt 12rxties will currant and defend the title t'-ereto eLaiinst all lawful cls.iris c;na.tsoever, G lits, Henry ?;:array (zeal) her Catherine X :urraz= N eat ) =exn of C of P, ss. Ack- by Henn;.- _:_;zrray tared Catherine II:urray, his wife, ss their free and V01.- act and deed, before J. L. L:cl�urray, 1`: P ?esi ding at Tacort:., in P C , '.v' (Sea.l,ex of corgi) (Jur.. 4 , 1909 ) (abstd) ------------- 285 ADDENDUM C Pierce and Thurston Counties Assessors Plat Maps of Subject Corridor I SEC. 19, T1 7N, R2E, W.M. — a I Ia 21-0 BAKERS , .. p o YeKENNA 21-0•n s ab, i;wr - -- ------© o------ +- -------t--- + t t ---{---- \ , :s.o. s i s..o,m O i•ot I t /' ATED I mtmm i'-OM I /' 1 W111" I Al , / \ 311 NNA \ /` r �!"" •'"->� \ .,� 'III' �. ,. \ •//. '\�`l�,, ,.ter/.,�`� . � \'� I '�`' �,� b \ '� � �,\ i so-r! �`J\ r �\ •/ ,\�\ ! t oma\ a, MMGATED I ,>•m tl��`\ �� `\p\ •sra� � '% �- omN ' \`\ aosf o,oe�r I s I TY.ACTS Wo I s. 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NN 33 dQ film w 312311 _ 3E 3m 39 1 1 ' imp G 'M/m'Tl I 1 , i: 1 331 SHORTx• Yi i RAT C 79-439 t1 1 ' N " t 3— m 3$ 3J11 ,III 34 � � � for clartnor 1 ADDENDUM D A History of the Northern Pacific Prairie Line s i nMA . . History of the Northern Pacific Prairie Line . .......................... ........... ............... .......................... .............. ........................ ............................... ................................... ................... Introduction I V ' 11S. Y'C�+hsuxc n Chou 1. y,sp � �+: F Qrrhnx4 acNro cam" The Coming of the Railroad �o-s�;ut" - .9111^fit' "\. Vgo TsbaL Eloosi4pa. t y Yelm Area Prospers - �� vns�A N `&`"'� Nok 1910- 1919 Prairie Line Operations 1920s& 1930s Operations v� .per � ea ty �' A The War Years �� Recent Years 1925 NP Map -Western Washington The Railroads of Grays Harbor, 1880-1900 Passing Train Northern Pacific Railway Introduction The railroads played an important role in the development of the Puget Sound area. In its early years,the South Thurston County area of Washington had the privilege of being located on the main rail line between Seattle and Portland. The segment of the main line which ran from Tacoma, Washington to Temno, Washington,was once known in timetables as the "Prairie Line". The line passed through Pierce County communities of Lakeview, McChord and Roy and the Thurston County communities of Yelm, Rainier, and Tenino. In recent years,the favorable economics of truck transportation for freight and the personal automobile for passenger traffic has caused a decline of rail traffic. As a result, Burlington Northern Santa Fe Railroad(BNSF), current owner of the line,has abandoned or scaled down the Prairie Line to an almost non-existent status. The Coming of the Railroad In the mid 19th century, many communities were just getting their start in the Pacific Northwest. In 1864 President Abraham Lincoln signed legislation which chartered the Northern Pacific Railroad to complete a line between the mid-west and Puget Sound. The legislation included the reward of a 40-million-acre public land donation. With that challenge in place, each of the local communities attempted to persuade the Northern Pacific Railroad to choose them as the western terminus. Great prosperity and development would result for the chosen community. The list of finalists for the terminus included: Olympia, Steilacoom, Tacoma,Mukilteo and Seattle. h i By 1870,the Northern Pacific (NP)had raised enough money in bond sales to begin the line westward from Minnesota. In addition, a line was started north from Kalama, Washington, located approximately 40 miles north of Portland on the Columbia River. This line was to connect with the Puget Sound western terminus. By the end of 1871, about 21 miles of rail had been laid. In June of 1872, construction was in full swing with a full crew of 800 men and two locomotives. The men were paid $2.25 per day. One of the locomotives involved in the construction was the famous "Minnetonka," one of the first locomotives in Washington state. After serving the NP in its early years,the Minnetonka was run by the Rayonier logging railroad near Hoquiam until 1933,then traded back to the Northern Pacific for restoration and preservation. It was still in operating condition a century later and used by NP in exhibitions. With the exception of a delay to build a bridge crossing the Cowlitz River,the line moved rapidly northward reaching the small community of what was to be named Tenino by October of 1872. Regular service began in November over the 65-mile line between Kalama and Tenino. Due to financial difficulties for the NP, a major washout on the newly constructed segment, and the uncertainty of the location of a western terminus, construction was stalled at Tenino for over eight months. During this time,many rumors circulated about the terminal choice. Olympia experienced a major land boom in speculation that the city would be chosen. In May of 1873, construction began again in the general direction of Olympia. After years of study, on July 14,the Northern Pacific Board finally chose Tacoma on Commencement Bay for the Puget Sound terminus. Immediately the line was surveyed in a eastward direction from Tenino toward Tacoma. Some land had to be deeded back to Olympia when it was named as the terminus.Not only was Olympia not selected as the terminus, it was bypassed altogether. Arthur G. Dwelley notes in "Prairies & Quarries" the blame was placed on a greedy real estate company (a subsidiary of NP)and the fact that Olympia had a shallow water harbor. The capitol city eventually built its own narrow gauge railroad to connect with the NP mainline at Tenino. It was called the Olympia and Tenino,then the Olympia and Chehalis Valley Railroad, finally the Port Townsend Southern Railroad. The tracks were complete to the Yelm, Washington area by the fall of 1873 and the Nisqually River crossing was finished by late September. The work proceeded through the prairie to where Roy, Washington is now located, and on to Lakeview and the South Tacoma area. The construction was delayed four miles southwest of Tacoma in October due to a shortage of iron and money. The 40-mile segment between Tenino and Tacoma was completed on December 27, 1873 and service began.on January 5, 1874. Established stations were located at(in order from South to North): Tenino, McIntosh, Rainier, Yelm, Roy,Hillhurst,Lakeview, South Tacoma and Tacoma. Business was not booming in the early years on the Pacific Division line as it was known. One mixed passenger and freight train per day each direction was scheduled between Kalama and Tacoma from 1873 to 1877. Other freight trains were run on an as-needed basis. A line was completed between Goble, Oregon, and Portland on the Oregon side of the Columbia River. With a transfer ferry across the Columbia from Kalama to Goble,the Tacoma-Portland run went into service on October 9, 1884. The long awaited transcontinental route from St. Paul, Minnesota,was completed over Stampede Pass on July 3, 1887. Yelm Area Prospers With the arrival of the railroad in the late 1800s, several businesses sprang up in the Yelm area near where the rails crossed a wagon road to Olympia. Edgar Prescott in his book "Early Yelm" quotes a Yelm pioneer James Mosman as saying "The railroad never gave us much in the way of service". Evidently,the only facility was a wood platform and trains had to be flagged for passengers to board-- with a white cloth during the day, by lighting a newspaper at night. Often the signals were ignored by the "highballing" train crews in a hurry to complete their run to Tacoma. Incoming freight was left 6 somewhere in the vicinity of the platform. - Fed up with the poor service to the area, James Mosman approached the NP about setting up a manned agency at Yelm. The NP laughed at the idea claiming the area accounted for only$11.00 per month in revenue. Mosman proved there was much more business than the NP noted by meeting every train for the next month, noting its freight(marsh hay and dairy products) and passenger business far exceeded the$11.00 figure. He presented his findings to officials who agreed to let him act as agent and gave him 15 percent of revenue from ticket sales and express. In the first two weeks, Mosman's take was $120.00. The NP eventually granted a recognized agency for Yelm. Mosman's next demand was that a depot be built. The NP once again turned him away and he took his case before the Interstate Commerce Commission at Olympia to argue that the amount of business at = Yelm warranted a depot building. The Commission granted the depot be established and the structure was finally built sometime around 1912. 1910 - 1920 Prairie Line Operations In 1909 a Columbia River bridge at Vancouver, Washington was completed dispensing with the ferry crossing at Kalama. This provided the NP with a continuous rail line from Portland, Oregon to Seattle, Washington. The August, 1909,NP Public Timetable shows the following eight daily passenger trains (four each direction)between Seattle and Portland over the Prairie Line: . # 1 & 2 North Coast Limited . #7 & 8 Portland/Seattle Express . #13 & 14 Vancouver/Portland Special . # 34 &34 Puget Sound Limited In January, 1910,the Union Pacific Railroad(UP), also known as the Oregon, Washington Railroad& Navigation(OWR&N),reached an agreement granting their trains trackage rights on the line from Portland to Tacoma. In June, 1910, a similar agreement was signed with the Great Northern Railroad (GN). The November 1913, GN Public Timetable shows the added six daily passenger trains over the line. With the addition of the other railroads, activity was at an all time high for the mostly single track line. Louis T. Renz reports in his book"The History of The Northern Pacific Railroad" that daily totals from the three railroads were 22 passenger trains and 18 freight trains -- and those figures were on the increase. ' In May, 1914 the following Seattle-Portland passenger trains were scheduled over the Prairie Line: . Northern Pacific o #401 &402 Portland Night Express o #407 &408 Portland Local o #413 &414 Portland Special o #433 &434 Evergreen State Limited . Union Pacific(Oregon, Washington Railroad&Navigation) j^Y o # 511 & 512 Shasta Limited o # 561 & 562 Portland Local _ o # 563 & 564 O& W Owl . # 569 & 570 Oregon-Washington Express . Great Northern o #455 &460 Portland Owl . #457 &456 Portland Local o #459&458 Portland Limited In addition,NP ran the following trains Grays Harbor Trains over the Prairie Line between Tacoma and Lakewood: . #421 &422 Grays Harbor Limited . #423 &424 Grays Harbor Express . #465 & 466 Puget Sound Express These trains headed west from Lakeview to Nisqually on the American Lake Line towards Grays Harbor destinations of Hoquiam and Moclips. The need to improve the operations became evident. The NP contracted to have the line from Tenino to Kalama double tracked, straightened, and reduced in gradient. The same had already been completed on the Kalama-Portland segment in 1909. = Since a portion of the "Prairie Line" south of Tacoma contained 2.2 miles of 2.2% grade, the NP surveyed a much flatter grade into Tacoma. The new line was to diverge at Tenino, follow the grade of the NP-owned Port Townsend Southern Olympia branch for six miles to Plumb, and then head northeast toward Nisqually and Steilcoom. The line followed the Sound to Point Defiance, entered a tunnel at Ruston to the Commencement Bay side of the Point,then turned south into Tacoma. Since the new line was at water level and contained no grades to speak of(.3%maximum),the NP did not complain about increasing the length of the Tenino-Tacoma segment from 39.18 to 43.71 miles. This line was completed with double track in December, 1914 which corresponded with the opening of Tacoma's new Union Station. The GN and UP were given a choice of moving operations to the new "Point Defiance Line" or to continue using the Prairie Line. The UP rerouted all passenger and freight business to the new line on December 15, 1914 whereas the GN decided to keep all operations on the Prairie Line. The NP moved most of its mainline freight and passenger business to the new line. The June, 1916,NP Public Timetable shows only one NP Seattle-Portland passenger train and one Grays Harbor train(Tacoma-Lakeview remaining on the Prairie Line. 1920s & 1930s Operations In the 1920s,timetable stations were located at(in order from South to North): . West Tenino (which was interestingly located east of the mainline Tenino station) . McIntosh . Wetico . Rainier . Yelm . RRo � . Hillhurst . Lakeview . South Tacoma . 15th St Tower Of these West Tenino, Rainier, Yelm, Roy, and Lakeview had depot buildings and handled train orders via telegraphers. South Tacoma not only hosted a depot and train orders,but was the location of NP's shop facilities. The line was double tracked between South Tacoma and 15th St near Tacoma Union Station. Rainier was the north base of the Castle Rock helper engine district. Industries in the 1920s included: Tenino: Russell Shingle Mill Co., Mutual Lumber, Tenino Stone Co., Feed and Fuel Warehouse, Union Oil Co.,Western Quarry Co., and Standard Oil. McIntosh: Green River Lumber Co., Johnson Creek Lumber. Wetico: Interchange with Skookumchuck Railroad(the Weyerhauser Timber Company logging railroad later known as the Chehalis Western Railroad). - Rainier: Lindstrom Hardforth Lumber Co. (originally built as Bob White Lumber Co) Yelm: 2 mile logging branch line owned by the Gruber-Docherty Lumber Co.(originally built as Harstad Lumber Co.), Standard Oil, MP 24: McKenna Lumber Co. Spur, Triangle Lumber Co. Roy: Standard Oil, Frank Betchard Lumber Mill & Logging Road connection, South Tacoma: Stouth Tacoma Lumber co., Morris Furniture Co. Saxton Lumber Co. The August, 1921 Union Pacific Public time tables shows the GN running four passenger trains daily, two each way, on the line and the NP running passenger service between Tacoma and Lakeview only and then down the American Lake line. By 1926, the GN cut its passenger service to two daily passenger trains, one each way, and the NP was running four,two each way, Grays Harbor trains on the Tacoma to Lakeview segment. As was the case for most industry and business,the 1930s saw great decline for railroad business which resulted in many line and station closures. The Prairie Line was no exception to this as services were further cut back. By 1935, only Yelm,Lakeview and South Tacoma hosted telegraph operators (days only)between Tacoma and Tenino. In 1933 each railroad(NP, GN, and UP)cut back to operating one passenger train each way between Seattle-Portland. The GN continued to run its daily passenger train contribution to these Seattle-Portland "Pool Trains" over the Prairie Line throughout the 1930s. This train ran across the "Draw Bridge Line" in Tacoma which necessitated backing out of Tacoma Union Station after the southbound station stop and backing into Tacoma Station on the northbound run. A helper engine was usually added to the southbound to pull the train out the steep Union Station stub track and provide pusher service up the 2.2%grade between Tacoma and South Tacoma. A small tower named 15th St. Tower located just north of Tacoma Union Station handled all the operations in this area. The GN ran daily Seattle-Portland time freights#671 and#672 as scheduled second class trains. The NP was down to one Grays Harbor passenger train,which used the Tacoma-Lakeview segment. NP also provided local freight service. The War Years As World War II efforts increased,traffic increased on the line as it was used as an alternate route for troop trains to and from Tacoma. GN's time freights#671 and#672 often ran with 3 or 4 sections. Two new time table stations were added in the McChord Airforce base area: McChord Field MP 29.5 in 1940, and Mobase MP 28.1 in 1942. In 1943,the Yelm and Lakeview telegraph offices were manned 24 hours with three shifts or"tricks" to handle increased traffic. The April 23, 1942,NP em to ee Tacoma Division timetable shows the line as the Fourth Sub-Division Main Line(Prairie Line)with the following scheduled aily GN trains: passenger trains#459 and#562; time freight#671 and#672.NP ran daily(except Sunday)passenger trains#423 and#422 (Seattle-Hoquiam)over the Tacoma to Lakeview segment of the Prairie Line. Juaquin Miller, father of Donald R. Miller,resident of Yelm,was assigned as agent at the Yelm site and other small local agencies on the NP during the late 1930s and 1940s. Don Miller recalls the thrill of attempting to flag down a large scale steam locomotive with a heavy load and a full head of steam to make the small grade into Yelm. He also recalls there were two desks back to back in the agency: one for Northern Pacific business, and one for Great Northern business. The Prairie Line lost its through passenger service on August 8, 1943 as the GN moved the Seattle-Portland pool passenger train over to the double track Point Defiance line. The scheduled GN time freights#671 and#672 were also moved on this date over to the newer more efficient main line. There was an agreement activated for the NP to handle the previous GN freight business. Jim Frederickson,retired NP dispatcher,recalls a possible cause for the move due to the city of Tacoma complaining about the long GN trains tieing up the many grade crossings between downtown Tacoma and South Tacoma. Recent Years In the post-war years the traffic dwindled back to a secondary or branch status with logs and lumber products the main commodities carried. The NP canceled the Seattle - Hoquiam passenger trains #422 and#423 in February 1956 thus marking an end to regularly scheduled passenger service on any portion of the line. The Yelm agency closed in the late 1959 and the depot, which stood near where the current city hall is, was subsequently dismantled leaving a wood platform which still stands in the overgrown brush today. This period of time also witnessed the last runs of remaining steam locomotives as the NP finished converting to all diesel power. For Freight service,the line saw the near daily NP Mobase local which worked industries at McChord, Roy, Yelm,Rainier and ran as far south as Wetico to interchange log cars with the Weyerhauser Timber railroad: Chehalis Western. The industry base in the Tenino area was worked by the Tacoma-Portland local off the double track main line. In 1962,the north end of the sub-division was changed as the Drawbridge Line was changed to connect with the Point Defiance Line, 15th St Tower was closed and operations were transferred to a newly created train order station: UP Jct. The Prairie Line then officially terminated at Tacoma's Moon Yard located north of Union Station. In 1966,the South Tacoma train order station closed. By October, 1967, Lakeview, the last manned station between Tacoma and Tenino, ceased operations. According to Jim Frederickson,NP dispatcher during the 1960s, the line handled some mainline trains that carried general freight including Boeing airplane parts on oversize freight cars that would not fit through the tunnel under Point Defiance on the Steilcoom route. Jim also remembers the line being occasionally used in conjunction with the adjacent American Lake line to simulate double track for detours if the Point Defiance main line was blocked by slides along the sound. In 1970,both the Northern Pacific and the Great Northern lost their individual identities when they merged with the Chicago, Burlington& Quincy and the Seattle,Portland& Spokane to make one large company: the Burlington Northern(BN). Around this time the clearances for the Point Defiance tunnel were increased to handle oversize loads eliminating the need for the "Prairie Line" as an alternate route. With the closing of several mills around the Tenino area and the ceasing of log hauling by the BN, local traffic dwindled to next to nothing by the 1980s. A 1984 BN employee timetable instructed "Between Rainier and Tenino Jct. -Expect to find cars stored on main track" --meaning this portion of.the line was out of regular service. In 1986,BN severed the "Prairie Line" from the.main line at Tenino and took the line south of Yelm out - of service. Thus Yelm is currently the end of the line. Unti-,L Mood which dama ed the�isqually 'ver bridge in 1 urlington Northern- Santa Fe BNSF still ran the local frei ht " e Mobase Local" wluc veniaredMyp—rox—im--airty-unce-a-w—eek to Yelm to deliver a oxcar or two to Amtech Inc. In early 1998,the City of Yelm is looking at options to keep its rail link in place which includes negotiating with BNSF to buy an option on the Roy-Yelm segment. Currently the BNSF crews only go as far south as Roy to deliver grain cars to the Wilcox Farms elevator. After "going to beans" at one of the local Roy eateries, "The Mobase" then heads back toward Tacoma and more prosperous rail business. The future looks good for the northern portion of the Prairie Line. Washington State Department of Transportation has identified the Lakeview-Tacoma segment along with the American Lake Line (Nisqua ly-L eview)as a future high speed passenger corridor. The Central Puget Sound Regional Transit Authority may also use this line for future light rail transit. This segment currently sees regular BNSF train movements of military equipment between Fort Lewis and Tacoma. The future for the southern portion of the line is more bleak for future rail service. In the mid-1990s,the Thurston County Parks and Recreation Department purchased the right-of-way from Yelm to Tenino. The rails and ties have been removed and pans are under way to add this segment to the growing Thurston County "Rails-to-Trails" system. This east-west trail will link with the north-south ex-Chehalis Western Logging Railroad right-of-way at Wetico. Although the rails are still in place from Yelm to Tacoma and BNSF still owns the right of way, the fate of the once proud "Prairie Line" is at stake. A railroad line that was once argued over and coveted as the most important item for development for local Northwest communities is now ignored and will probably disappear quietly without anyone noticing and with no chance of ever being re-built. Sources used: • Asay,Jeff Union Pacific Northivest. Edmonds,Washington: Pacific Fast Mail, 1991 • Bohn,Dave and Petschek,Rodolfo Kinsey Photographer The Locomotive Portraits. New York: Black Dog&Leventhal Publishers • Dwelley,Arthur G.Prairies and Quarries. Tenino,Wash. [The Tenino Centennial Commission, 1971] • --.Tenino, The First Hundred Years. Tenino,Wash. [The Tenino Centennial Commission, 197 1] ---. "The Tie That Binds;The Northern Pacific Railroad in Cowlitz County." Columbia Winter 1989-90;38-43. The Construction of the Northern Pacific Railroad • Frederickson,Jim. Retired NP dispatcher • Lewty,Peter J.To the Columbia Gateway.Pullman,Washington: Washington State University Press,1987 • Morgan,Murray Cromwell South on the Sound. Woodland Hills,Calif.. : Windsor Publications, 1984. • Prescott,Edgar Early Yelm. Tacoma: Folly Press, 1979 • Renz,Louis T. History of the Northern Pacific Railroad. Fairfield,Wash. :Ye Galleon Press, 1980. • ---. The Construction of the Northern Pacific Railroad • Wing,Warren Photo Collection f ADDENDUM E South Puget Sound Foreign Trade Zone i CITY OF YELM = FOREIGN TRADE ZONE iAfb P r P R L 1~ r■wwNI r .• .s, ti it k .� .,.- tp _ le i' Site 1. SOUTH F t Port of Olympia • 283-acre site adjoining deep water terminals and transportation center FTId • Expanding light industrial/commercial center adjacent to.urban waterfront commercial activity center • Access to Interstate and highways and served by both western railways • Tax-exempt bonds, coordinating development, planning and permitting assistance Site 2 - Olympia Regional Airport/New Market Industrial Campus • 800-acre zone site with access to the Olympia Regional Airport • Fully-serviced industrial, light industrial and commercial sites in a master-planned industrial development • Customized site.selection, coordinated development, tax-exempt bonds, and planning and permitting assistance • Direct interchange access and quality northwest location between Vancouver, B.C.; Seattle/Tacoma and Portland markets 101 . Slrte 3 •i LaceY Marvin Road/Hawks Prairie t,t- l+. • 389 acres right-on hton I-S with business Par and light industrial zoning • Ready to.develop with quick, helpful permit process • Water, sewer, power, natural gas in place �' 3 • All size parcels available F Rapidly growing area near Intel Corporation • 45 minutes to SeaTac International Airport Site 4 Yelm industrial.Park - 12 • 109 FTZ acres with striking views of Mt. Rainier ; • Many sites with rail access,.two existing spurs - • Power, water, sewer in place or close to all sites 101 T • Y • .Industrialzoning throughout the FTZ area _ • Streamlined permit process _ Site 5 Port of Centralia a • 165 acres near Interstate 5 -'midway between Seattle and Portland • Sites ready for development-all utilities in place • Build to suit or_land lease/sale • Attractive incentives package - - � • Strong project finance options including tax-exempt bonds _ •Vana :< i►. Sites 6 & 7 Port of Chehalis/Chehalis Industrial Area • 390 acres adjacent to Interstate 5 -midway between Seattle and Portland • Industrial/Commercial sites available-all served with utilities • Sites available adjacent to 5,000 ft. municipal runway • Build to suit or land lease/sale • Full range of incentives • Streamlined permitting process Strong project finance options including tax-exempt bonds ►oAland NDSite g tT SOUSouth Prairie Industrial Park 1O • Sites located less than 1.5 miles from interstate 5 Includes property ready for development and an existing inventory of buildings Served by city water and sewer, industrial-capacity gas line Power fed by a reliable looped distribution system, capable of meeting virtually all voltage requirements • Several sites serviced by both Burlington Northern and/or Union Pacific Railroad Property available equidistant to Seattle and Portland Sites 9 & 10 Port of Shelton Sanderson Field/Johns Prairie Industrial Park ' Sites of 1/4 acres to 100 acres Available, potable and process water '` '• Available.industrial and warehouse buildings of 5,000 to 100,000 sq. ft. 5,000 ft paved runway ��' • Excellent skilled labor pool Extremely competitive lease rates C' Tax incentives of M" _ rt- Site 11 16 Port of Bremerton/Bremerton National Airport Located.on Boeing 727 capable airport ati �aC . 217-acre FTZ site has taxiway and runway access 70-acre West Puget Tech Park.planned and ready for construction All sites have state highway access and are zoned for light industry. :H- r. Site 12 ' Port of Bremerton/Olympic View Industrial Park Located adjacent to Bremerton National Airport • 312-acre FIZ site zoned for light industrial with rail, fiber optics ;! and state highway access The ports of Olympia, Tacoma and Seattle and SeaTac 12 International Airport are only 35 to 75 minutes away • Ready-to-go light industrial land Key Advantages Common to All Sites • Infrastructure dose to or at all sites • C"Araily located between Seattle and Purtland with access to major-Fail and highways. Excellent access to Pacific Rim markets t Deep water container port just minutes from all sites R 1 Close to international and regional airports Approximate Scale •. Tax-exempt bonds, coordinating development, planning and permitting assistance 10 mi 20 mi 30 mi 40 mi 50 mi • Well-educated, available work force • Wide variety of education opportunities 20 km 40 km 60 km 80 km • Unmatched quality of life South Puget Sound Foreign Tirade Zone - What is a Foreign Trade Zone (FTZ)? Re-export Advantage Simply, it is-a secured place authorized by the federal Only when the commodity is taken from an FTZ into government considered to be outside the Customs territory Customs territory is it subject to customs duties and of the United States though under U.S. Customs quotas, not when it is re-shipped to foreign points. supervision and control. Who runs the South Puget Sound Many firms use Foreign Trade Zones to postpone and, in Foreign Trade tone? the case of re-export of cargo, avoid the applications of U.S. Customs-laws that impose duties, taxes, bonds, Grantee quotas and certain other requirements. The Port of Olympia is the grantee and administers the Domestic and.foreign merchandise may be stored at the South Puget Sound Foreign Trade Zone. There are 12 non- FTZ. It may be manufactured, displayed, sold or altered in contiguous sites totaling 3,254 acres within a 50-mile almost any way that isn't prohibited by U.S. law. radius of Olympia. What are Foreign Trade tone CollaborativeEffort Benefits? The South Puget Sound Foreign Trade Zone is a Qty Deferral an�Inverted Tariffs collaborative effort at the regional level. The communities of South Puget Sound are striving to create, maintain and As long as the merchandise remains in the FTZ, it is not diversify economic development in the region. subject to U.S. Customs laws governing the entry of.goods Unique into U.S. Customs territory or payment of duty on those goods. The South Puget Sound Foreign Trade Zone,has generated In addition, FTZ users can legally minimize the payment of a great deal of interest nationwide because of its unique U.S. Customs duties by either paying duty.based on the multi-site, four-county coverage. classification of the merchandise at time of admission to Development the FTZ or by'paying duty based on the classification of the merchandise yvhen it subsequently enters.U.S. Customs The Port of Olympia and its partners have formed an territory. advisory group for general oversight, marketing and Merchandise subject to quotas may be admitted to a FTZ education. Prospective FTZ users will be assisted in FTZ marketing and activation by an experienced zone without regard to those quotas. No duty is assessed on administrator. domestic merchandise that enters U.S. Customs territory. from a FTZ. The South Puget Sound Foreign Trade Zone's administrator r ge and Distribution - General Purpose FTZ works with a broad base of zones around the country. The consortium is a member of the National Association of Merchandise that is admitted to a FTZ maybe stored Foreign Trade Zones(NAFTZ)whose members manage 200+ general purpose zones and 300+ subzones. indefinitely. It may be unpacked, repacked, displayed, assembled, disassembled, sorted, graded, cleaned, _422• relabeled or even destroyed. It may be distributed as is or NAKS combined with other foreign or domestic merchandise. NAFTZ iV�af1Ut��tUPiMt1 National AmxKistioR W Fumign-rade Zones Mtmbcr Goods may be manufactured in an FTZ except when Port of oiympia,FTZ Grantee specifically limited by law. Products may then be exported 915 Washington street NE or sent into U.S. Customs territory, capitalizing on favored Olympia,WA 98501 tariff fates. Tel:360-586-6162 Fax:360-586-4653 0 Port of Olympia ADDENDUM F Thurston Regional Planning Council Freight Access by Rail Study The FAR Corridor - Freight Access by Rail The FAR Corridor is a partnered effort to rehabilitate abandoned rail facilities to Class 4 rail operation, and significantly improve freight and passenger movement in the South Puget Sound region. The Cities of Yelm and Tacoma have acquired surplus rail line from Burlington ` Northern/Santa Fe to preserve rail access. Combined and upgraded,they offer an exceptional opportunity to improve rail and highway congestion in the I-5 corridor from Tacoma south toward the Portland environs. Although interstate improvements are crucial, alone they will not be able to meet freight capacity needs. For less than the cost of two lane miles of interstate construction in this area,the FAR Corridor will provide almost 55 miles of class 4 rail facilities to which 'w interregional freight shipping can be diverted. Relieving freight traffic on the single main line will allow the southerly extension of the RTA commuter rail project currently underway in Seattle and Tacoma. Commuter- rail service would then link Seattle to affordable exurban areas, as well as to numerous public sector jobs at the U.S. Army's Fort Lewis and in the state capital. Cities in the Thurston region have adopted . strong growth management policies that promote development within existing urban areas. The greatest challenge for densification, however, is accommodating the corresponding increase in traffic. Proposed commuter rail service along the current freight rail line would act as.a catalyst for densification, by providing an alternative transportation network through the urban core. The FAR corridor is being developed through a partnership of thirty state, local,private sector and advocacy entities. The Thurston Regional Planning Council is allocating $340,000 of regional STP Rinds to assist in corridor acquisition. As exurban development reaches out from the Seattle/Tacoma metropolitan area to the independent Olympia environs,the blending of growth and economic activities will be greatly influenced by the way common transportation needs and issues are addressed. x4p�GTrr% - t tart Anyc,Crs .+t°y+trJ 0. 1 I #i GlaIlam '� ,�, •; ' Sn.ohoanish 4 At�[I I , ti? i Z ... RNSF Jefferson taf s14s4 x� » C fi �+ r '"_ �1 King141tesl F yy7 � Mason j'7 tet } irk t�� ter ' Harbor i > Oil hltr +; fi. ; 04 20Z,A r [" w Thurston T>:. _ a ; h cxv t q , Pacific. �t K CowlitzSkarn Citi ai A A� Freight Access by Rail (FAR) Corridor UP Urv^P.PaC1rif; LISG UniLvd&W..naA. TE Ta-:rrro Eastbrr. W CO-Wve, haeuset Ct, ° . • 5T 8afWd Terminal CMER-CURT.M56UM and EaStB Ill 8PSSF•&«pro'«^,NorO em PW-Pu+r)at round 3r.,;f Pac�ti;, a FAR.Corridor More information about the FAR corridor can be obtained by contacting Jude Witcher at(360) 786-5480 or by email: willchj@co.thurston.wa.us ADDENDUM G Thurston County Parks and Recreation Trail Corridor System 74, rr2 ? a .'S 1 `':t� .z' a •{ s " ice. >u.. e � .moo � ' , u +, 4 �'*b. a N.A ` .. ��,. -.._ �.L_.� In `ta +'i tl F..5 T.�y •Ct; ~ Y 9 ;, .�a! A 's .,k.. t j. S£ SONVI13M N338D ONtll000M LZ x Uv mm„ i y 4 g NHVd 3181 VUd HLfld OZ x>.r xmn x v"r xt '` 4 i( �T £9 NBVd M31A 831NIV8 6L - a3wl,.s 091 NHVd 31DIH3A 0tl08-l.JO 9L - Z k8Vl3W3D 833NOld 31NIV8d tlWIW Ll 9£ NBtld S83A3W H 3S I(101 9t `tswf Sl NBVA 3ON38MV1 DVI Sl -�.. 'Jx vv miter .�' •y ��. y'!` e8/ L b NBtld 1130A3NN3N bl 'c 9Z SONVIOM 'ld NOSNHOP £l S 0V08 NV I ON I Z t NBtld N 183(10 l L OZOI 3A83S38d 30VI 183H IV I Dtl10 O L gg NBVd 3AO3 3A8.4'6 NOltl3 180d 9 r+•;�i !p J �— Y� " t OS NBVd 83AI N S31r1HOS30 L �,V`�R� --31A sminn J,m j SSl NBVdd Slltld S30HOS30 9 Z OV3H1 I tl81 d00 I I VA/N831S3M S I I HNO S Z 3NV1 S839WVHD/llV81 N831S3M S1lVH3HD b in - OZ '3AV H169/11VUL N831S3M SllVH3HO £ r __ i J ..?�- "I w tvw`4 ,yp / 09 NBtld 10038(19 Z 1 '- `j £l V38V 1V8r11VN 83A18 NDtll9 l v I \ -Lj s38DV _ 3WVN #dVW } t smmNavz svo9 SvNnTm umLv'd mws 89HOOV A%d4M A +I I _ _ r s}IlIdd .&UMSHHOdE L EML OXO'i r fin. - � 1. + _ �&.,,,• �" �:L � � ��., z . 9JA2iRS=d orim-1 a H !! s '•. ''ri- sxxva® All S►IJZS DIHOLLSM CLMV S AM►ES ad S3111V(d �,Tr�l�,�7 �1� �p-I� �,T 1� �1r' a' S ��TA�J1�4��ym"LCL'PYA-�Ly(aa��-�i��1LTT/�11l�1®1[LLvTTau�c)yy Hrn��L��gg �Uil�`LV n�HHV� JILTA �`L11 00 1`ZL®l llJr,.7M1�i1 LL Thurston County Parks & Recreation Trail Corridor System Mile by mile,the vision of a trail system linking urban and rural Thurston County is becoming a reality, thanks to the efforts and creativity of Thurston County officials and support from city, state and federal agencies. "During the past few years, Thurston County officials envisioned a county-wide trail system and took the lead in making it happen," said county Parks Department director Michael Welter. "Today, we are on our way to creating a premier trail connecting mountains to Puget Sound, offering river, lake and saltwater access, and linking our north and south county communities." History of the trail system In 1989 the state Department of Natural Resources acquired the Woodard Bay Conservation Area and 6.2 miles of abandoned Chehalis Western Railroad right-of-way in north Thurston County. This corridor, linking Woodard Bay with Martin Way,was the beginning of the Chehalis Western Trail and most of that original 6.2 miles is now paved and popular with walkers,bicyclers,joggers and horse-back riders. In 1991,Thurston County acquired 8.5 miles of the Chehalis Western corridor running from Pacific Avenue in Lacey to Stedman Road near Offut Lake. Two plans published in 1992 strengthened local and state efforts to complete a county-wide trail system: The Railroad Preservation and Use Strategies report from Thurston Regional Planning Council defined which rail lines should be preserved and those most suitable for recreation trail purposes. The Urban Trails Plan, adopted by the cities of Lacey, Olympia and Tumwater, defined more than 100 miles of on-street and other trail linkages within urban areas. In both plans, the Chehalis Western Trail was identified as a major link between north and south county. In 1994, Thurston County acquired 14.5,miles of Burlington Northern railroad corridor from Yelm to Tenino,using a state Department of Transportation grant. The Thurston County Board of Commissioners have adopted a Thurston County Trails Plan, which describes how the more than 52 miles of abandoned railroad right-of-way will become recreational trails throughout Thurston County. Construction is expected to begin in spring 1997 on 4.5 miles of the county-owned Chehalis Western Trail, including paving from Pacific Avenue in Lacey to just south of the Yelm Highway, a Yelm Highway bridge and trailhead facilities, such as restrooms and parking. Funding is being provided by federal and state grants and the county. The Gate to Belmore railroad line was acquired in 1996 from Burlington Northern Railroad. This corridor links the urban trail system from Tumwater at Kennydell County Park with the south county communities of Gate and Rochester, offers access to the Black River and runs adjacent to the Black River-Miura Prairie Glacial Heritage Preserve and Black River Natural Area just south of Littlerock. ADDENDUM H Repair Cost Estimates of Subject Rail Line MEMORANDUM TO: Ken Garmann - Public Works Director FIRM: City of Yelm FROM: Charles Burnham, P.E. DATE: May 19, 1998 SUBJECT: YELM BRANCH LINE PRo,i.#: YELM0001 COPIES: Pursuant to the direction of the City of Yelm,DEA is preparing information on operation of the Yelm Branch of the Burlington Northern Santa Fe Railway(BNSF)as a shortline. Information regarding costs of initial repairs to track and structures,annualized maintenance costs,and the cost of train operations is included in this memo. The names of two regional railroad operators is also furnished for the city's use. The costs are preliminary and are based on our inspection of the line,discussions with rail operators,and DEA's database of cost information relating to railroad maintenance and operations. Information regarding existing traffic on the line from Lakeview to Roy has not been provided by the BNSF. We believe that this lack of cooperation on the part of the railroad is the result of ongoing discussions between the major carriers and their customers and shortlines regarding open access. The open access issue relates to rail users wanting access to either the BNSF or the Union Pacific Railroad no matter which rail line they may be located on. This issue may be resolved by the end of the month. For this reason,this memo includes estimates of traffic which may require updating when information becomes available from the BNSF. Initial Repairs: The general condition of the track and structures was discussed in our memo dated April 7, 1998. The following repairs are prioritized to indicate which need to be done before resuming operations on the line and which can be scheduled to be performed over some approximately the first year of operation. The non-priority repairs will also be dependent upon the level of traffic and by location on the line. For instance,the repairs to the track and turnout near the end of the line in Yelm can be delayed until such time that that particular section of the line is needed for servicing customers. Immediate Repairs: 1. Replace truss pins,Bridge No.23 12 each @$10,000 $100,000 2. Epoxy grout piers,Bridge No. 23 Lot 10,000 3. Deck/walkway repairs,Bridge No.25 Lot 2,000 4. Replace ties east of Bridge No.23 100 each @$85 8,500 Total Costs $120,500 Ken Garmann-Public Works Director May 19, 1998 Page 2 Scheduled Repairs: 1. Replace ties 400 each @$85 $ 34,000 2. Replace switch ties 20 each @ $200 4,000 3. Install culvert east of Bridge No.23 1 each @ $2500 2,500 4. Switch repairs Lot 2,500 5. Install rail and hardware Lot 2,500 6. Install bumping post 1 each @$500 500 7. Surface, line and dress track 1000 T.F. @$5 5,000 Total Costs $ 51,000 The immediate repairs need to be performed prior to using the track for rail service to Yelm. The scheduled repairs should be performed during the first year of service or sooner if traffic levels require. b Annualized Maintenance: Maintenance costs are generally spread out over fiscal years. DEA estimates that during the first several years of operation the line will require the following repairs each year. 1. Replace ties 250 each @$85 $21,250 2. Replace rail 390 L.F. @ $25 9,750 3. Mise bridge repairs Lot 10,000 Annual Maintenance Costs $41,000 This equates to$ 8,200 per mile each year which is comparable to costs in our database for shortline rail operators. Shortline Operators: i The following companies are regionally located shortline operators which may be interested in operating the line for the city under contract or some other arrangement. Puget Sound&Pacific Railroad Co. David Parkinson,CEO 7525 SE 24th Street 206-232-1748 Suite 350 Mercer Island,WA 98040 Ken Garmann-Public Works Director May 19, 1998 Page 3 Willamette and Pacific Railroad Company Robert Melbo,President Albany, OR 541-924-6565 At some point in the near future it may be appropriate to contact these companies to determine a livel of interest in operating the line and what type of operating arrangement might be appropriate. Additional information will be prepared regarding the number of existing and projected carloads on the line when information becomes available from the BNSF. If you have any questions or comments,please call me. MEMORANDUM TO: Ken Garmann-Public Works.Director FIRM: City of Yelm FROM: Charles Burnham, P.E. DATE: October 25, 1999 SUBJECT: UPDATE PROJECTED COSTS PROD.#: YELM0001.0001 COPIES: In response to your request,DEA has updated the projected costs of initial repairs and annualized maintenance of the line from Roy to Yelm. We also updated the potential liquidated value of the line. The costs are based on the original inspection of the line and out current database of cost information relating to railroad maintenance and operations. The costs are stated in 1999 dollars. Immediate Repairs: 1. Replace truss pins,Bridge No.23 12 each @$10,500 $126,000 2. Epoxy grout piers,Bridge No.23 Lot 10,500 3. Deck/walkway repairs,Bridge No.25 Lot 2,100 4. Install rail and hardware Lot 5,000 5. Replace ties east of Bridge No.23 100 each @$90 9,000 Sub-total $152,600 Scheduled Repairs: 1. Replace ties 400 each @$90 $ 36,000 2. Replace switch ties 20 each @$210 4,200 3. Install culvert east of Bridge No.23 1 each @$2,700 2,700 4. Switch repairs Lot 2,700 5. Install rail and hardware Lot 15,000 6. Install bumping post leach @$500 500 7. Surface, line,and dress track 1,000 T.F. @$5 5,000 Sub-total $ 66,100 Total Costs $197,600 The immediate repairs are those that need to be done to restore rail service to Yelm. The scheduled repairs are those that should be performed during the first year of operation. Item 4 of the immediate repairs and Item 5 of the scheduled repairs reflect significant cost increases since preparation of the original estimate due to the disappearance of rail and hardware from both the mainline and sidings during the last 18 months. Ken Garmann-Public Works Director October 25, 1999 Page 2 Annualized Maintenance: Annualized maintenance costs reflect those repairs and maintenance efforts required to keep the railroad in operating condition during the year. Typically they are spread out over the fiscal year. DEA estimates that during the first several years of operation as a shortline,the line will require the following repairs on an annual basis. 1. Replace ties 250 each @$90 $22,500 2. Replace rail 390 L.F. @$26 10,140 3. Misc.bridge repairs Lot 10,000 Annualized Maintenance Costs $42,640 SalvageValue: The salvage value calculated here includes only track and structures. No attempt has been made to determine the value of the underlying right-of-way. It has been assumed that Bridge No. 23 over the Nisqually River will be left in place with the rail removed. Scrap Materials: Rail, 112# 97 tons @$45 $ 4,365 Rail, 85# 600 tons @$45 27,000 Joint Bars 30 tons @$45 1,350 Tie Plates 140 tons @$45 6,300 Ties 10,000 each @$4 40,000 Labor/Equipment to Remove 4.55 miles @$19,500 88,725 Net Salvage Value , $ (9,710) The salvage value reflects a recent significant drop in scrap prices for steel. At the current price levels, it is not profitable to scrap the track. If removal of the Nisqually River bridge would be required,removal costs increase very significantly without a corresponding increase in the scrap material value. ADDENDUM I Qualifications of Appraisers i Will Werner Mr. Werner has been the director of Real Estate Services for David Evans and Associates, Inc. (DEA) since he joined the firm in 1990. He has appraised real property for public agencies to establish just compensation since 1972. Before joining DEA, Mr. Werner worked for the Oregon Department of Transportation as an appraiser and acquisition agent. He has appraised or negotiated numerous land acquisitions for public projects. Mr. Werner is a Certified General Real Estate Appraiser in Washington (WE-RN- EW-N500BQ) and a State Certified General Appraiser in Oregon (C000223). Appraisal Experience Mr. Werner has provided appraisal services for complex valuation assignments. His experience includes: * Multi-family Land * Farm Land * Single Family Residences * Restaurants * Wetlands * Urban Tract Land * Retail Properties * Commercial Properties * Railroad Right-of-Way * Service Stations * Industrial Land * Forest Land * Rental Valuations * Appraisal Reviews * Easement Valuations * Lease Analysis Education MS, Psychology, Portland State University, 1982 BS, Biology, Northwestern University, 1971 Certification and Memberships General Real Estate Appraiser, State of Washington (WE-RN-EW-N500QB) International Right-of-Way Association BERNARD T. BROWN Mr Brown is an appraiser who has been with David Evans and Associates Inc. (DEA) since 1989. His background is in appraising and the real estate industry in general. He has worked in the United States as well as New Zealand. In New Zealand, Mr Brown worked for Challenge Corporation Ltd and Angus Corporation Ltd as an appraiser and property manager. In the United States, Mr Brown has worked as a licensed sales consultant with Stan Wiley, Inc. Realtors and as an appraiser with DEA. Appraisal Experience Mr Brown specializes in complex valuation assignments. His experience includes: * Railroad Right-of-Way * Service Stations * Retail Properties * Commercial Properties * Industrial Land * Forest Land * Wetlands * Urban Tract Land * Multi-family Land * Farm Land * Single Family Residences * Restaurants * Rental Valuations * Appraisal Reviews * Easement Valuations * Lease Analysis Education Massey University, Palmerston North, New Zealand; Bachelor of Business Studies, 1985; Major: Appraisal and Property Management. Portland State University, School of Business Administration; Certificate in Project Management, 1989. McKissock Data Systems Appraisal Schools; Income Capitalization, 1997. American College of Commerce; Uniform Standards of Professional Appraisal Practice, 1998; Highest and Best Land Use, 1998. Architectural Review Inspection Evaluation School; The Examination and Inspection of Sites and Buildings for Appraisers, 1999. International Right of Way Association; Legal Aspects of Easements (Portland, OR), 1993; Business Relocation, (Bellevue, WA), 1998. Palmer Groth and Pietka Seminars; How to Value Income Property, 1992; Thirty Specialized Appraisal Issues, 1993; Issues in Property Tax Assessment, 1993; Special Purpose Properties Forum, 1994; Market Feasibility Analysis Forum, 1994; Condemnation Issues Forum, 1994. Certification and Memberships General Real Estate Appraiser, State of Washington (BR-OW-NB-T474BM) International Right-of-Way Association �� i �; ,. { - � ', ', i I _ __ r f, � . i _; ��': ' � �; �-_, � -. `'� - � ; � ; '�_�,. ,� � � � ,. ' `_ ,.�-�. .. ��_ �_� ". �' , . - - _�� . _ � �;: - �. � a �—� ��. ' � �-;, - - ; . '. -=-, ,. � � _ a i _ - `� �� i. - � � � �- ._ � r r _ ,` -. t_ --,�. . , _ � t_i �, . , . , . � � - _ i . ". �`� '. - � � J .. "� -. i j �' . - � t�l _ 'I ft ' ' i [. . . /T e Report for Pedestrian/Bike Trail Conceptual Plan Yelm, Washington 5Y x l YELMo002 February 2000 �cn • Outstanding Quality DAVID EVANS AND ASSOCIATES, Prepared for CITY OF YELM 105 Yelm Avenue West Yelm, Washington 98597 1 � - NEW BRIDGE TENSION CON?=MON i 1 - / 1 _ fl NEW OUARDRAL m I NEW ASPHALT TRAL I Prepared by i ! David Evans and Associates, Inc. 3700 Pacific Highway East, Suite 311 r- Tacoma, Washington 98424 (253) 922-9780 j YELMo002 February 2000 i I �l I_ , < I acn DAVID EVANS AND ASSOCIATES, I I March 1, 2000 3900 Pacific Highway East � Suite iii Ken Garmann Public Works Director Tacoma, Washington 98424 City of Yelm h; 105 Yelm Avenue West Tel: 253.922.9980 Yelm,WA 98597 Fax: 253.922.9781 j SUBJECT: PEDESTRIAN/BIKE TRAIL,CONCEPTUAL DESIGN Dear Ken: I am pleased to present to you a narrative of our work on the Yelm Pedestrian/Bike Trail Conceptual Design. I- The trail system provides many opportunities for community use including education and recreation. The sites rich history, diverse environmental characteristics and capacity for multiple community users have been provided for in our conceptual plan. Thank you very much for allowing David Evans and Associates,Inc. to be the trail planners. We have enjoyed working with you. Sincerely, DAVID EVANS AND ASSOCIATES,INC. i ' I� Eric J.Williams,ASLA ^; Landscape Architect/Project Manager EJWI:vtb i I 1 Li ~' ab�M 8f R0 iOutsta ding ProfessionalsOutstanding Quality GLoeAL D N ALLIANCE f � I TABLE OF CONTENTS �f r Project Description, Approach and Summary............................ 1 Pedestrian/Bike Trail Conceptual Design Drawings.................4 Trailhead Options at Rhoton Road..........................................I of 6 Perspectives and Elevation of Bridge Structures.................2 of 6 Trail Section Details.................................................................3 of 6 Trail Section Details.................. 4 of 6 ............................................... -_. Trailhead Options at Roy.........................................................5 of 6 Information Kiosk Character Sketches...................................6 of 6 I Itemized Cost Estimate................................................................. 5 I I d II_- jj Pedestrian/Bike Trail Conceptual Design Table of Contents r-, Project Description In October of 1999,the City of Yelm retained David Evans and Associates,Inc.to 1 develop a Pedestrian/Bike Trial Conceptual Design adjacent to the existing Burlington Northern Santa Fe rail line that runs between the City of Yelm and the City of Roy. The 4.5 mile site runs between Yelm Avenue in Yelm to just past Wilcox farms in the City of Roy.The trail would be located within the railroad right-of-way which �- is a minimum of 100' in width up to 400' in width.The site provides unique opportunities for educational and recreational activities including pedestrian/bike circulation,viewing of pastures,mountains,native vegetation and waterways and picnicking. In addition,there are outdoor gathering opportunities in the City of Yelm and the City of Roy. The City of Yelm established goals and improvements to the railroad right-of-way —, based on thecit 's needs and community members' input. Some of the goals are , E as follows: • Location of a pedestrian/bike trail system within the right-of-way that would i be ADA accessible,while ensuring the safety of the users and preserving environmentally sensitive areas. i r-7 • Maintain the railroad right-of-way character while improving the health of its users and expanding educational opportunities. • The creation of viewing stations to take advantage of the scenery including Mountain Rainier,the Nisqually River, and existing pastures. • The creation of more defined public entries to the trail system at Yelm and Roy and at major intersections. F7 All of these improvements were incorporated into the planning and development of the Pedestrian/Bike Trial Conceptual Design while maintaining its character as �i a railroad right-of-way. Accessibility to all users was important and ADA access is provided throughout. i Approach and Summary The first task for the Pedestrian/Bike Trail Conceptual Plan was to develop a G- design team. The team consisted.of 4 employees of David Evans and Associates with varying skills.Included on the team were two Landscape Architects, One Civil Engineer with experience in railroad engineering, and one Structural Engineer. �i i r- Pedestrian/Bike Trial Conceptual Design 1 r- i j ! The design team's first task was to gather information. Ken Garmann,the City of Yelm's Public Works Director provided a tremendous amount of knowledge and information about the project's site and history in addition to the goals and objectives of the project.Members of the design team walked the entire 4.5 mile stretch of railroad starting at Roy and ending at Yelm Avenue in Yelm in November 1999.The purpose of the site visit included: • Discuss possible locations of trailheads (points of entry for users of the pedestrian/trail system). • Determine recommended side of tracks for trail placement.Trail placement was determined by the location of existing vegetation, slope steepness,and environmentally sensitive areas. • Determine proximity of trail system to tracks. • Locate potential areas for viewing stations. • Determine locations where trail will cross the tracks. • Assess pedestrian/bike bridge locations and types including access points. • Locate potential areas of cut and fill that may be necessary. • Locate significant land uses. • Photograph existing conditions. After the site visit was completed a Site Inventory and Analysis plan was drawn up that showed items listed above and photographs placed on the map near their respective locations.In addition,preliminary sketches were drawn to show the following information: • Typical Cross-section of trail that included the width of trail, surface type of trail,location in relation to the railroad tracks,location of existing vegetation, and slope of trail for drainage purposes. • Typical Cross-section of areas of cut and fill,which included location of retaining walls,proposed grade in relation to existing grade, and trail surface. • Typical Cross-section of pedestrian/bike bridge over water systems, which included location of retaining walls,proposed grade in relation to existing - grade, and clearance heights for users. • Plan view showing several different options for trailheads at Yelm Avenue, Rhoton Road,and Roy. A meeting was arranged with Ken Garmann to review the drawings. After the , meeting,updated and formalized drawings were prepared in AutoCad format.The I drawings included: • Trailhead Options at Rhoton Road • Perspective and Elevation drawings of bridge crossings over Yelm Creek,the r Nisqually River, and the Centralia Power Canal. l Pedestrian/Bike Trial Conceptual Design 2 i i d • Several Typical Cross-sections including the following: - Trail Section - Observation Deck Elevation - Trail Section at Area of Fill r-, - Trail Section at Area of Cut 1 - Section at Cross-Under Bridge - Trail Section Near Miles Sand and Gravel - Trail Section in Relation to Existing Vegetaion • Trailhead Options at Roy • Information Kiosk Character Sketches In addition to the drawings,DEA,Inc. completed a Construction Cost Estimate. The cost estimate was itemized to aid in the phasing of construction.The cost estimate also breaks down the dimensions and type of materials proposed for the project.The most expensive item in the estimate is the actual trail construction, due to it's length of 4.5 miles. r A meeting was held with the Railroad Advisory Committee (RAC) on February 24, 2000.The purpose of the meeting was for DEA,Inc.to present the drawings listed above and for the members of RAC to ask questions and comment on the design and approach of the project. I I Pedestrian/Bike Trial Conceptual Design 3 i I , PEDESTRIAN/BIKE TRAIL CONCEPTUAL DESIGN DRAWINGS 0 a I�uusUs�e7 h� f I FENCE ii t 1 i C � II 4 I � I H LLR ll hRHLaWdvR H ll 11 0 ORNHLIJ P l ll CJ 0 PEDESTRIAN/BIKE TRAIT CONCEPTUAL DESI( - G RASBENCH. :� "'"`` '• i ;�,� / 10'WIDE TRAIL ',\ (ASP E) PEDESTRIAN CROSSING 10'WIDE TRAIL (ASPHALT SURFACE) 1111111111111111 11xii 11111111 illl*mll 11 11 Am 111 I"ll 11 I-t REMOVABLE BOLLARDS REMOVABLE BOLLARDS —I - 5 PARKING STALLS ® ':: PEDESTRIAN CROSSING !...... a MILE MARKER BUFFER PLANTING - r INFORMATION KIOSK a. (NATIVE SPECIES) - ;. '- `-' �O� TRAILHEAD ENTRY SIGN z, / .. .. .. /Zo ACCENT TREE,TYP. ` <` " J •;,t:''.=�•...-.•• GRASS BERM / TRAILHEAD ENTRY - SIGN,TYP. � - J � � 100'-0' � J \ \ J TRAILHEAD AT RHOTON ROAD-OPTION#1 TF SQAIR'I.W4r H LLP 1 KHHLr3 &V/ H H Ho H KHHLJ P - WHJ J PEDESTRIAN/BIKE TRAIL CONCEPTUAL DES: 1 If (STING NATIVE VEGETATION 1 TO REMAIN 1 10'-0'MI .SETBACK ' 10'-0'WIDE TRAIL 21, (ASPHALT SURFACE NISQUALLY RIVER %SLOPE AREAS DISTURBED BY TRAIL FENCE CONSTRUCTION SHALL BE RESEEDED OR PLANTED WITH NATIVE PLANT MATERIAL DRAINAGE SWALE ON BOTH SIDES OF TRAIL �. TRAIL SECTION 3CALE 1/41'-0' EXISTING NATIVE 10'0'WIDTH TRAIL 10'0'MIN. ETBA VEGETATION ��T SURFACE) TO REMAIN 10'-0°MI .SETBACK J FENCE 1 EXISTING GRADE JRETAINING WALL lFENCE J � TRAIL SECTION AT AREA OF FILL sem:"'-'•� TRAIL SECTION� ITEMIZED COST ESTIMATE PRADUE LINE — MAM II of I �I 1 . i ' � r i I r - f r r _i I � ' �� 5 DEA, INC. 3700 Pacific Highway East, Suite 311 Tacoma, WA 98424 Phone (253) 627-2324 or (253) 922-9780 Fax (253) 922-9780 I ESTIMATE OF CONSTRUCTION COSTS Project: Pedestrian/Bike Trail Conceptual Plan .lob No. YELM0002 ` Subject: Trail Construction Cost Estimate Page: 1 of 3 — Date: February 28,2000 ITEM NO. DESCRIPTION&DIMENSIONS QTY UNIT UNIT PRICE TOTAL 1. Trailhead at Yelm Avenue a. Site Work 19,000 square feet $ 2.00 $38,000.00 b. Paving 6,000 square feet $ 4.00 $24,000.00 c. Storm Drainage lump sum $10,000.00 d. Lighting- lump sum $5,000.00 e. Landscape/Irrigation 13,000 square feet $ 3.00 $39,000.00 - f. Site Amentities Overhead Entry Structure lump sum $30,000.00 Pedestrian Bridge Over Yelm Ave. lump sum $100,000.00 -! Benches 2 each $ 1,000.00 $2,000.00 Mile Markers 1 each $ 500.00 $500.00 Information Kiosk 1 each $ 1,000.00 $2,500.00 f Bollards 2 each $ 500.00 $1,000.00 Vandal-Proof Uni-sex Restroom 1 each $ 50,000.00 $50,000.00 subtotal $302,000.00 --I 2. Pedestrian Bridge Over Yelm Creek 2 each $13,000.00 $26,000.00 2 (5'x5'x30')Precast Box Culvert �__I Handrails 80 linear fett $50.00 $4,000.00 3. Trailhead at Rhoton Road a. Site Work 12,000 square feet $ 2.00 $24,000.00 b. Paving 6,000 square feet $ 4.00 $24,000.00 c. Storm Drainage lump sum $5,000.00 d. Lighting lump sum $2,500.00 e. Landscape/Irrigation 8,000 square feet $ 3.00 $24,000.00 f. Site Amentities Trailhead Entry Sign 2 each $ 1,500.00 $3,000.00 -- Benches 1 each $ 1,000.00 $1,000.00 Mile Markers 1 each $ 500.00 $500.00 Information Kiosk 1 each $ 1,000.00 $2,500.00 I Bollards 4 each $ 500.00 $2,000.00 � i subtotal $88,500.00 � I i Page: 2 of 3 ITEM NO. DESCRIPTION &DIMENSIONS QTY UNIT UNIT PRICE TOTAL -! 4. Viewpoint Stations a. Elevation Viewpoint Stations 2 each $ 25,000.00 $50,000.00 b. Viewpoint Stations at Grade 4 each $ 15,000.00 $60,000.00 subtotal $110,000.00 5. Pedestrian Bridge Over Centralia Canal lump sum $130,000.00 6. Pedestrian Bridge Over Nisqually River lump sum $162,500.00 7. Bike/Pedestrian Trail (10'-0"Asphalt Surface) a. Trails At Grade 23,460 linear feet $ 90.00 $2,111,400.00 b. Trails at Area of Cut 1,300 linear feet $ 100.00 $130,000.00 c. Trail at Area of Fill 1,700 linear feet $ 100.00 $170,000.00 subtotal $2,411,400.00 8. Trailhead at Roy-Option#2 a. Site Work 8,000 square feet $ 2.00 $16,000.00 b. Paving 4,000 square feet $ 4.00 $16,000.00 c. Storm Drainage lump sum $2,500.00 d. Lighting lump sum $2,500.00 e. Landscape/Irrigation 2,000 square feet $ 3.00 $6,000.00 f. Site Amentities Trailhead Entry Sign 1 each $ 1,500.00 $1,500.00 Benches 2 each $ 100.00 $2,000.00 Mile Markers 1 each $ 500.00 $500.00 Information Kiosk 1 each $ 1,000.00 $2,500.00 Bollards 4 each $ 500.00 $2,000.00 subtotal $51,500.00 � 9. Trailhead at Roy-Option#1 a. Site Work 7,000 square feet $ 2.00 $14,000.00 b. Paving 3,800 square feet $ 4.00 $15,200.00 c. Storm Drainage lump sum $5,000.00 d. Lighting lump sum $5,000.00 e. Landscape/Irrigation 2,500 square feet $ 3.00 $7,500.00 f. Site Amentities Trailhead Entry Sign 1 each $ 2,500.00 $2,500.00 Benches 2 each $ 1,000.00 $2,000.00 Mile Markers 1 each $ 500.00 $500.00 Information Kiosk 1 each $ 1,000.00 $2,500.00 Bollards 4 each $ 500.00 $2,000.00 Vandal-Proof Uni-sex Restroom 1 each $ 50,000.00 $50,000.00 subtotal $106,200.00 Page: 3 of 3 ITEM NO. DESCRIPTION&DIMENSIONS QTY UNIT UNIT PRICE TOTAL I SUBTOTAL OF ITEMS 1-9 $3,392,100.00 CONTINGENCY @ 30% $1,017,630.00 I A&E Fees @ 15% $508,815.00 Taxes @ 8.4% $284,936.40 GRAND TOTAL OF ALL ITEMS $5,203,481.40 r ! I ii i ' l i r LJ printed on recycled paper 1 PAGE: 1 KEYWORD SEARCH RESULTS REPORT DATE: 06/13/00 SRESULT.FMT BURLINGTON NORTHERN & SANTA FE RWY. CO. TIME: 12:30:24 EXPIRATION OR CONTRACT TERMINATION TYPE CONTRACT NO. CONTRACTOR / DESCRIPTION DATE DATE LOCATION CODE BF 00010856.00 PUGET SOUND ENERGY, INC. 06/15/1999 WA, YELM PR-PW/BNSF ELECTRIC WIRE LINE, I.S. 52, MP. 23; ASSIGNED TO THE CITY OF YELM, WA; -CAT-NO.: 501101 BN 00002044.00 WASHINGTON, STATE OF 06/16/1972 WA, YELM GV-XS/BNRR IMPROVE CROSSING SIGNALS, MP. 25+2973; ASSIGNED TO THE CITY OF YELM, WA; BN 00003302.00 MCLINS, INC. 06/11/1973 WA, YELM ID-IT/BNRR CMO&O INDUSTRIAL TRACK & CROSSING, MP. 25+723; ASSIGNED TO THE CITY OF YELM, WA; BN 00007218.00 HARSCO CORP. 12/30/1976 WA, YELM ID-IT/BNRR M&0 INDUSTRIAL SPUR TRACK, MP. 24+4010; ASSIGNED TO THE CITY OF YELM, WA; CX 85016001.00 SILVASEED CO. 03/20/1985 WA, ROY PR-PC/BNRR PRIVATE ROAD CROSSING, MP. 21+150; ASSIGNED TO THE CITY OF YELM, WA; CX 86016044.00 PAISLEY, PATRICIA ANN & MARKUS, LEWIS H. 06/16/1986 WA, YELM PR-PC/BNRR M&O ROAD CROSSING UNDER RR. BRIDGE NO. 22.1, CANCELS LC #205343; ASSIGNED TO THE CITY OF YELM, WA; CX 90016022.00 DROBOT, STEVE & DOROTHY M.; REEDER, RICHARD & LINDA L. 12/03/1993 WA, ROY PR-PC/BNRR PRIVATE ROAD CROSSING; LS. 400, MP. 21.03; CANCELS LC #237576; ASSIGNED TO THE CITY OF YELM, WA; LC 00210734.00 YELM TELEPHONE CO. 06/01/1973 WA, YELM PR-PW/BNRR OHD TELEPHONE WIRE CROSSING, MP. 25+854; ASSIGNED TO THE CITY OF YELM, WA; LC 00216559.00 STRINGHAM, H. R. 12/16/1974 WA, ROY PR-PC/BNRR PRIVATE CROSSING, MP. 21+150; ASSIGNED TO THE CITY OF YELM, WA; LC 00221899.00 YELM, CITY OF 06/16/1976 WA, YELM PR-PL/BNRR WATER PIPELINE CROSSING, MP. 25+917; ASSIGNED TO THE CITY OF YELM, WA; LC 00238157.00 CABLE TV PUDGET SOUND, INC.; 07/01/1981 WA, YELM PR-PW/BNRR ASSIGNED TO VIACOM CABLEVISION, INC.; OHD TV CABLE CROSSING, MP. 25+3002; ASSIGNED TO THE CITY OF YELM, WA; NP 00007349.00 CENTRALIA, CITY OF 06/23/1929 WA, YELM GV-GN/BNRR PERMANENT SIPHON UNDERCROSSING, MP. 24+716; ASSIGNED TO THE CITY OF YELM, WA; -LAW-NO.: #15024 PAGE: 2 KEYWORD SEARCH RESULTS REPORT DATE: 06/13/00 SRESULT.FMT BURLINGTON NORTHERN & SANTA FE RWY. CO. TIME: 12:30:26 EXPIRATION OR CONTRACT TERMINATION TYPE CONTRACT NO. CONTRACTOR / DESCRIPTION DATE DATE LOCATION CODE NP 00013981.00 MURRAY, NELSON 07/22/1904 WA, RPY PR-PL/BNRR 3/4 INCH WATER PIPELINE; ASSIGNED TO THE CITY OF YELM, WA; NP 00019290.00 PACIFIC TELEPHONE & TELEGRAPH CO.; 06/15/1914 SYSTEM PR-PW/BNRR ASSIGNED TO PACIFIC NORTHWEST BELL TELEPHONE CO.; ASSIGNED TO US WEST COMMUNICATIONS, INC.; MASTER GENERAL CROSSING AGMT., SUPPLEMENT NO. 660, OHD TELEPHONE WIRE LINE CROSSING, MP. 21+548; ASSIGNED TO THE CITY OF YELM, WA; -LAW-NO.: #27737 NP 00038623.00 AVERY, G. A. 05/05/1922 WA, ROY PR-PW/BNRR ELECTRIC WIRE LINE CROSSING; ASSIGNED TO THE CITY OF YELM, WA; NP 00040855.00 THURSTON COUNTY UTILITIES CO. 12/20/1923 WA, YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING, MP. 25+900; ASSIGNED TO THE CITY OF YELM, WA; "NP 00066454.00 PUGET SOUND POWER & LIGHT CO. 11/15/1946 WA, YELM PR-PW/BNRR ELECTRIC WIRE LINE, MP. 25+1705; ASSIGNED TO THE CITY OF YELM, WA; NP 00095881.00 OLYMPIC PIPELINE CO. 05/01/1965 WA, ROY PR-PL/BNRR PETROLEUM PIPELINE CROSSING, MP. 21+607; ASSIGNED TO THE CITY OF YELM, WA; NP 00095882.00 OLYMPIC PIPELINE CO. 05/01/1965 WA, YELM PR-PL/BNRR LONGITUDINAL PETROLEUM PIPELINE; PARTITAL ASSIGNMENT TO THE CITY OF YELM, WA; NP 00096020.00 PUGET SOUND POWER & LIGHT CO. 07/01/1965 WA, ROY PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING, MP. 21+548; ASSIGNED TO THE CITY OF YELM, WA; NP 00097220.00 YELM, TOWN OF 06/01/1966 WA, YELM PR-PL/BNRR 2 WATER PIPELINE CROSSINGS, MP. 25+917 & MP. 25+3965; ASSIGNED TO THE CITY OF YELM, WA; NP 00097261.00 WASHINGTON NATURAL GAS CO. 07/01/1966 WA, YELM PR-PL/BNRR NATURAL GAS PIPELINE CROSSING, MP. 25+875; ASSIGNED TO THE CITY OF YELM, WA; NP 00098040.00 PUGET SOUND POWER & LIGHT CO. 01/15/1967 WA, YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING, 25+178; ASSIGNED TO THE CITY OF YELM, WA; PAGE: 3 KEYWORD SEARCH RESULTS REPORT DATE: 06/13/00 SRESULT.FMT BURLINGTON NORTHERN & SANTA FE RWY. CO. TIME: 12:30:29 EXPIRATION OR CONTRACT TERMINATION TYPE CONTRACT NO. CONTRACTOR / DESCRIPTION DATE DATE LOCATION CODE PX 85016048.00 YELM TELEPHONE CO. 07/08/1985 WA, YELM PR-PW/BNRR UGD LONGITUDINAL TELEPHONE CABLE, MP. 24+4235 & MP. 25+743; PARTIAL ASSIGNMENT TO THE CITY OF YELM, WA; PX 92016225.00 YELM, CITY OF 12/01/1992 WA, YELM PR-PL/BNRR PIPELINE CROSSING, LS. 400, MP. 24.14; ASSIGNED TO THE CITY OF YELM, WA; PX 92016226.00 YELM, CITY OF 12/01/1992 WA, YELM PR-PL/BNRR SEWER PIPELINE CROSSING, LS. 400, MP. 25.16; ASSIGNED TO THE CITY OF YELM, WA; PX 93016233.00 PUGET SOUND POWER & LIGHT 11/16/1993 WA, YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE, LS. 400, MP. 24.97; CANCELS PX #93016150; ASSIGNED TO THE CITY OF YELM, WA; PX 94020688.00 YELM TELEPHONE CO. 12/23/1994 WA, YELM PR-PW/BNRR UGD CABLE CROSSING, LS. 400, MP. 24.98; ASSIGNED TO THE CITY OF YELM, WA; PX 95021190.00 VIACOM CABLE 11/08/1995 WA, YELM PR-PW/BNRR UGD WIRE LINE CROSSING, LS. 400, MP. 25.15; ASSIGNED TO THE CITY OF YELM, WA; ORIGINAL Form Approved by VP-Law Contract No 501,101 LICENSE FOR ELECTRIC SUPPLY LINE ACROSS OR ALONG RAILWAY PROPERTY (Electric Light, Power Supply, Irrespective of Voltage, Overhead or Underground) THIS LICENSE, made this 15th day of June, 1999, subject to the terms and conditions set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, its successors and assigns, a Delaware corporation (hereinafter called "Licensor"), party of the first part, and PUGET SOUND ENERGY, INC., a Washington corporation (hereinafter, whether one or more, called "Licensee"), party of the second part. WITNESSETH, That the parties hereto for the consideration hereinafter expressed covenant and agree as follows:-- - 1. � Subject to the terms and conditions hereinafter set forth, Licensor grants a nonexclusive license to Licensee for it and/or its contractors to construct, maintain and use an electric supply line containing a maximum of 3 conductors with 1 circuit across or along the premises of Licensor at or near the station ofYelm, County of Thurston, State of Washington, Line Segment 52, Mile Post 23, the kind and gauge of said conductors, the phase, frequency and voltage of the electric circuit carried thereon and the location of said electric supply line shown by bold line upon the print hereto attached, No. dated May 27, 1999, marked "Exhibit A", and made a part hereof. For convenience, said electric supply line, with all conductors and their supporting or containing structures inss ar as they relate to said electric supply line upon said premises, is hereinafter called the "Electric Supply Line". 2. This agreement shall be effective June 15, 1999, subject to prior termination as hereinafter described. 3. Licensee shall, at Licensee's own cost, construct and at all times maintain the Electric Supply Line in accordance with the current Specifications for Electric Supply Lines across or along Railway Property, adopted by the Electrical Section of the Association of American Railroads, or any successor agency, except where by statute or order of competent public authority a different type of construction or a different degree of .maintenance is required or permitted, in which case such construction or maintenance shall be in accordance with such statute or order; provided, however, all materials and workmanship employed in the construction and maintenance of the Electric Supply Line shall be in accordance with the National Electrical Safety Code. 1 of 2 4. Licensee shall pay Licensor as compensation for this license the sum of Two Thousand Five Hundred and No/100 Dollars ($2,500.00), as a one time fee. 5. During the construction and any subsequent maintenance performed on Electric Supply Line, Licensee shall perform such work in a manner to preclude damage to the property of Licensor, and preclude interference with the operation of its railroad.Upon completion of the Electric Supply Line or after performing any subsequent maintenance thereon, Licensee shall, at Licensee's own cost, restore Licensor's premises to their former state; and Licensee shall, within fifteen (15) days after receipt of bill therefor, pay to Licensor the entire cost incurred by Licensor in providing flagmen protection or any other means of protection which, in the judgment of Licensor, may be required during the construction and maintenance of the Electric Supply Line. (The current rate, subject to change without notice, for furnishing of Licensor's Flagman is aminimum daily charge of $500.00, for the first eight hours, or any part thereof, per day, with an hourly charge of $95.00 per hour for any time over eight hours per day). 6. If at any time during the term hereof Licensor shall desire to make any use of its property with which the Electric Supply Line will in any way interfere, including the relocation of existing or the construction of new lines of poles, wire(s), conduits and other facilities in which it shall have an interest, Licensee shall, at Licensee's own cost, within thirty (30) days after -receiving written notice from Licensor to such effect, make such changes in the Electric Supply Line as in the judgment of Licensor may be necessary to avoid interference with the proposed use of its property. 7. Prior to any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, provided, however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice (e.g, consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment. 8. Prior to installation, five (5) days advance notice must be given to Licensor's Roadmaster, Wayne Lonngren at Tacoma, WA, telephone (253) 591-2563. 9. (a) Except as set forth in Section 9 (b), Licensee shall release, indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries or death to Licensee, its employees, agents and contractors, arising in any manner from the performance of this agreement, except for Licensor's gross negligence or intentional misconduct. Licensee further agrees to release, indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries, or death to any person, including Licensor, which arise in any manner from the construction, maintenance, use, state of repair or presence of Licensee's electric supply line. (b) Whenever any employee, agent or contractor of Licensee or any of Licensee's Parties makes any claim for personal injury or death against Licensor within the meaning of the Federal Employers' Liability Act, or any applicable safety act, (45 U.S.C. § 51 et. seq.), for any incident caused, wholly or in part, by property, equipment, 2 of 2 fixtures or condition belonging to or subject to the control of Licensee, or claims or alleges that he or she is an employee of Licensor or is furthering the operational activities of Licensor, Licensee agrees to indemnify and hold harmless Licensor for all losses, damages, costs or expenses related to such claim, regardless of Licensor's negligence. (c) The liability assumed by Licensee 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 Licensor, its agents, servants employees, or otherwise, to the fullest extent permitted by applicable law; provided, however, that Licensee shall have no obligation to assume such liability to the extent caused by the negligence of Licensor or its employees or agents where assumption of such liability would violate Washington, Oregon, Idaho or the Province of British Columbia Laws. 10. (a) Licensee shall, at its expense, procure and maintain throughout the term of this License, a comprehensive general form of insurance covering liability, including, but not limited to, Public Liability, Personal Injury and Property Damage, as well as Contractual Liability in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall contain no exclusion with respect to rail corridor of Licensor in the care, custody or control of Licensee. Licensee's contractors shall also procure and maintain the above-coverage when on Licensor's property .LICENSOR AND CATELLUS MANAGEMENT CORPORATION SHALL BE NAMED AN ADDITIONAL INSURED. (b) All risk insurance on the Electric Supply Line of the Licensee, or Licensor's property in Licensee's care, custody and control, shall contain a waiver of subrogation of claims against Licensor. Licensee shall maintain Workers Compensation insurance which shall contain a waiver of subrogation against Licensor. (c) All insurance shall be placed with insurance companies licensed to do business in the State in which the Electric Supply Line is located, with a current Best's Insurance Guide Rating of B and Class X, or better. Licensee shall provide Licensor in advance of said installation a Certificate of Insurance evidencing such insurance. Insurance must provide for coverage of incidents occurring within, fifty (50) feet of a railroad track, and any provision in the insurance policy to the contrary must be specifically deleted. (d) A Railroad Protective Liability insurance policy issued in the name of Licensor with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000 must be provided when construction work will be performed within fifty (50) feet of Licensor's tracks. The policy will remain in force during the construction phase of this project and must be provided prior to Licensor signing this license. 3 of 3 (e) In lieu of providing a Railroad Protective Liability Insurance policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy available to Licensee or its contractor. The limits of coverage are the same as above. The cost is $1,750.00. 9 1 elect to participate in Licensor's Blanket Policy; ❑ I elect not to participate in Licensor's Blanket Policy. (f) The furnishing of insurance required by this Section shall in no way limit or diminish the liability or responsibility of Licensee as provided under any Section of this License. 11. (a) Licensee shall comply with all federal, state and local environmental laws and regulations in its use of Licensor's property, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (CERCLA). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank, as defined by RCRA, on or under the rail corridor. Licensee shall not release or suffer the release of hazardous substances, as defined by CERCLA, on Licensor's property. Notwithstanding any other requirements in this contract, Licensee assumes all responsibility for the investigation and cleanup of such release and shall indemnify and defend Licensor and its agents for all costs and claims, including consultant and attorney fees, arising in any manner out of such release or Licensee's failure to comply with environmental laws, regardless of whether such costs or claims are caused or contributed to by the negligence or alleged negligence of Licensor, except to the extent such costs or claims are proximately caused by Licensor's gross negligence or intentional misconduct. (b) Licensee shall give Licensor timely notice of any release, violation of environmental laws or inspection or inquiry by governmental authorities charged with enforcing environmental laws with respect to Licensor's property. Licensee also shall give Licensor timely notice of all measures undertaken by or on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor receives notice from Licensee or otherwise of a release or violation of environmental laws which occurred or is occurring during the term of this License, Licensor may require Licensee, at Licensee's sole expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation. 12. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit, or other proceeding brought against Licensor by any public body, individual, partnership, corporation, or other legal entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless Licensor. Licensee shall pay all the costs incident to such defense including, but not limited to, attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. 4of4 13. If default shall be made in any of the covenants or agreements of Licensee contained in this document, or in case of any assignment or transfer of this License by operation of law, Licensor may, at its option, terminate this License by serving five (5) days' notice in writing upon Licensee; but any waiver by Licensor of any. default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect Licensor's ability to enforce any Section of this License. The remedy set forth in this Section shall be in addition to, and not in limitation of, any other remedies that Licensor may have at law or in equity. 14. Licensee shall promptly pay and discharge any and all liens arising out of any construction, alterations or repairs done, suffered or permitted to be done by Licensee on the Electric Supply Line and shall indemnify Licensor against any loss, liability or expense incurred by Licensor on account of such liens.Licensor is hereby authorized to post any notices or take any other action upon or with respect to the Electric Supply Line that is or may be permitted by law to prevent the attachment of any such liens to Licensor's premises; provided, however, that failure of Licensor to take any such action shall not relieve Licensee of any obligation or liability under this Section or any other Section of this License. 15. In case of eviction of Licensee by anyone owning or obtaining title to the rail corridor on which the wire line is located, or the abandonment by Licensor of said rail corridor, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 16. Any contractor or subcontractor performing work on or in connection with the .Electric Supply Line shall for the purpose of this license, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractor's or subcontractor's employment for Licensee. 17. Licensee shall at all times, at Licensee's own cost, maintain the most effective system and use the best known and most effective methods to protect the lines, wire(s), tracks and service of Licensor and of any Licensee of Licensor whose permission to use said rail corridor antedates the license and permission herein to Licensee, from interference and physical hazard or health, and if necessary in order to prevent such interference or hazard, Licensee shall, at Licensee's own cost, transpose Licensee's circuits or make such changes in the construction or location of the Electric Supply Line as may be specified by Licensor. 18. Any notice to be given by either party shall be deemed to be properly served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, addressed to either party, at the addresses and department shown beneath signature of the parties. 19. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 5of5 20. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee, nor any subsequent assignee, shall assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor. 21. It is understood and agreed that this License shall not be placed of public record. 22. All the covenants and provisions of this License shall be binding upon the heirs, legal representatives, successors and assigns of Licensee. No assignment by Licensee shall be binding upon Licensor without the written consent of Licensor in each instance. 23. All questions concerning the interpretation or application of provisions of this License shall be decided according to the laws of the State in which the Electric Supply Line is located. 24. To the maximum extent possible, each provision of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibited by, or held to be invalid under, applicable law, such provision shall be ineffective solely to the extent of such prohibition or invalidity, and this shall not invalidate the remainder of such provision or any other provision of this License. 25. The waiver by Licensor of the breach of any provision herein by Licensee shall in no way impair the right of Licensor to enforce that provision for any subsequent breach thereof. 26. Notwithstanding any other provisions of this license, Licensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions issued by any federal, state or local governmental body or agency established thereby relating to Licensee's use of Licensor's premises hereunder. 27. This license is given by Licensor and accepted by Licensee upon the express condition that the same may be terminated at any time by either party upon thirty (30) days notice in writing to be served upon the other party, stating therein the date that such termination shall take place, and that upon the termination of this license in this or any other manner herein provided, Licensee, upon demand of Licensor, shall abandon the use of the Electric Supply Line and remove the same and restore the rail corridor of Licensor, as near as possible, to the same condition in which it was prior to the placing of the Electric Supply Line. In case Licensee shall fail to restore Licensor's rail corridor within 90 days after the effective date of termination, Licensor may proceed with such work at the expense of Licensee. No termination hereof shall release Licensee from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the Electric Supply Line is removed and the rail corridor of Licensor restored as above provided. 6 of 6 28. This License is the full and complete agreement between Licensor and Licensee with respect to all matters relating to license on the premises, and supersedes any and all other agreements between the parties hereto relating to license on the premises. Catellus Management Corporation is acting as agent for The Burlington Northern And Santa Fe Railway Company. IN WITNESS WHEREOF, the parties have executed this agreement in duplicate the day and year first above written. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: Catellus Management Corporation Its Attorney in 999 Third A nue, Su e2120 Seattle, WA 8104 By. Larry ion I Manager PUGET SOUND ENERGY, INC. 3130 S. 38' Str e -Tacoma, WA 98409 By: 71 Title: 7 of 7 . EXHIBIT "A'0 ATTACHED TO CONTRACT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND PUGET SOUND ENERGY , INC . In N LD FORT WORTH" TEXAS V- - SCALE: 1 IN.=400 FT. MAP PACIFIC DIV. j PARCEL - a LAKEVIEWSUBDIV. L.S. 0400 DATE 05/27/1999 �y ! SEC. 16 T17N R2E PROPERTY LINEis � s :, �-rse' . '�` `� �; ��•�A 6 �� p � 200' G; TO YELM �+1 �?-_ !cT _ SENSERT I.50* i •' _...—,_ is n F � ' '`✓ 10' f 1365' ,,••+/ �� _ _. s ,meg.... MP 22.98 50' ES 1212.54.5 ...��!!! f=�� .a t � 200' OT TO SCALE / TO AUBURN � �� f � 25' � / PROPERTY LINE OTE: PROPOSED ELECTRICAL LINE TO BE CONNECTED 25' TO EXISTING LINE. ELECTRICAL LINE MUST BE NOTE- MINIMUM OF 50'FROM THE CENTERLINE OFTHE uua" of 25'EITHER SIDE oFt TRACK FOR USAGE OF SCHEDULE 40,3" PVC CENTER LINE OF THE ER To CONDUIT. BE ENCASED IN STEEL SHOwN \ , BOLD. ELECTRIC LINE MUST BE t ' FACE TOED YViF. OF 10'FROIII amp m DESCRIPTION OF WIRES UNDER TRACK WIRES LOCATED AS SHOWN BOLD TYPE ELECTRIC SIZE OF CONDUIT 3"X 50' NUMBER ONE CONDUIT MATERIAL STEEL VOLTAGE 7. 2KV WALL THICKNESS 0. 188" LENGTH ON R/W 1687' NOTE : CASING TO BE JACKED OR DRY BORED ONLY BASE OF RAIL TO TOP OF CONDUIT 6' NEAR YELM COUNTY OFTHURSTON STATE OF WA SLE DRAWING NO. 1-17495 PUG ET 'SOUND ENERGY June 23, 1999 Attn: Rebecca Schwan Catallus Management Corporation 999 Third Ave., Suite 2120 Seattle, WA 98104-4037 Re: . License for Electric Supply Line Contract No. 501101 Puget Sound Energy has managed a self-insurance program at various retention levels and successfully self-administered-all general-liability-claims-since 1974: We also are a qualified workers' compensation self-insurer in the state of Washington. In accordance with your request for insurance information, this letter will certify that Puget Sound Energy maintains a comprehensive program of risk retention and insurance. Our program for general liability and workers' compensation has substantial limits in place, and is consistent with that of other corporations our size. The self-insured retention component currently maintained, exceeds the insurance limit requirements in the referenced agreement. Please signify receipt and acceptance by signing and returning a copy of this letter. Sincerely, • t1 Tom Barnhart, CPCU Risk Management Dept. ACCEPTED BY Puget Sound Energy P.O. Box 97034 Bellevue, WA 98009-9734 Signature (425)462-3801 Date SOUND ENERGY June 23, 1999 Attn: Rebecca Schwan Catallus Management Corporation 999 Third Ave., Suite 2120 Seattle, WA 98104-4037 Re: . License for Electric Supply Line Contract No. 501101 Puget Sound Energy has managed a self-insurance program at various retention levels and successfully self-administered all general liability claims since 1974. We also are a qualified workers' compensation self-insurer in the state of Washington. In accordance with your request for insurance information, this letter will certify that Puget Sound Energy maintains a comprehensive program of risk retention and insurance. Our program for general liability and workers' compensation has substantial limits in place, and is consistent with that of other corporations our size. The self-insured retention component currently maintained, exceeds the insurance limit requirements in the referenced agreement. Please signify receipt and acceptance by signing and returning a copy of this letter. Sincerely, Tom Barnhart, CPCU Risk Management Dept. ACCEPTED BY Puget Sound Energy P.O. Box 97034 Bellevue, WA 98009-9734 Signature (425)462-3801 Date • 1• ill II � aUIRLINGTON 140111 Hr"RN RAILROAD CO." ®G ....ET to, OFFICE OF SECRETARY � ST.PAUL, MINNESOTA SUPPLEMENTAL CONSTRUCTION- AND MAINTENANCE AGREEMENT N0. 1 k I IMPROVE SIGNALS MP 25+2973% SR 510 1 YELM, ASH I NGTON 31-33 coanoi Section' THIS SUPPLEMENTAL AGREEMENT made this '. day of .ShLy , 1982, by and between the State of Washington, acting through its DEPARTMENT OF TRANSPORTATION, hereinafter called the State, and the Burlington Northern Railroad Company, a Delaware corporation, hereinafter called the "Railway": WITNESSETH: WHERLAS, the Railway, formerly calledthe . _u .. ern Inc. and the State entered into an agreement dated'" 6," 1 n. es Hated as IN Docket 20449 hereinafter called the "Original Agreement;" Jn' -- V°PrQ31rii WHEREAS, in the interest of public safety and the motoring public, °"O"g the State is proposing that existing flashing light traffic control devices, . . cantilever type, with motion sensing equipment; be upgraded 'by changing the r 8 3/4" diameter lights, to 12" diameter lights, said change to be called "Signal Work" at the existing SR 510 crossing of the Railway's right-of-way and tracks located at Railway Survey Station 1349+08.9, MP 25+2973 in the NW 1/4 of the SW 1/4 of Sec. 19, T. 17 N. , R. 2 E. W.M. in Yelm, Washington at the location shown on map marked Exhibit "A-1" attached hereto and made .a part. hereof; and WHEREAS, the Railway will be required to perform certain work on its facilities; and WHEREAS, the parties hereto desire that the. Signal Work be in I accordance with plans and .specifications to. beprepared by the Railway; and WHEREAS, the State is willing to undertake the construction of said .. project with State funds and such Federal funds as may be available for this purpose pursuant to the Federal Highway Acts applicable thereto and the Railway is willing to consent to the execution of said project upon the terms and .n conditions herein stated and not otherwise;.- and WHEREAS, the parties hereto desire to �contract with reference to the work to be done by each of those in connection therewith, the protection of the Railway facilities and the payment of costs and expense therein involved. NOW, THEREFORE, •in consideration of the mutual covenants herein contained, it is mutually agreed as follows: The Signal Work shall be done at the railway grade crossing shown on .Exhibit "A" in accordance with plans and estimates furnished by the Railway and approved by the State and the Federal Highway Administration- In dministrationIn accordance with FHPM 6-6-2-i. -which by this reference is made a part of this agreement, the Railway will receive no asceft-8fffWy1"et-+e"f4t,--,,, from said project and, therefore, is not required to contribute' to the cost of said project !-!--bmit a hill to the State for-the actual r.oii Q4JA6ti;11iP9 signals, includ ng reliminary and construction engineering, preparation of bills and .the cost of transp terials and the s ' The Railway agrees not to commence construction work for said project until receipt from the State of writiten notice to proceed with the work and that reimbursement will be limited to construction costs incurred subsequent to the date of said notification. definitions an tandards for payment hereunder, and said memorandum is incorporated herein by refere:h�ere�in., art hereof to the extent applicable as if fully set forthPrelim na costs JAruicrad subsequent to Novamhar 23, 1111 oks IV The Railway shall , with its own forces and under its own labor agreements, 'perform the Signal Work. The Railway shall furnish all. materials for the signals from its store stock, or by purchase, in accordance with the provisions of FHPM 1-4-3 and any amendments and supplements thereto. i • ` r ' ' I ; Article VI of the Original Agreement' is hereby canceled and superseded ; by the following and by Article VI of this Supplemental Agreement Upon completion of the project, the State, at its sole cost and expense, shall maintain all improvements, other appurtenances, advance warning signs, and standard pavement markings with the exception of the crossing which will be maintained by the Railway and State as provided by law. Upon completion of the installation of said signals, the Railway, at its sole cost and expense, shall operate and 'maintain said signals, provided however, that the Railway shall be entitled to receive reimbursement for any or all of the costs of such maintenance as may be made available by reason of any law, order, regulation or otherwise providing, for the reimbursement of said costs. VII ' Article VII of the Original. Agreemen is hereby canceled and superseded by the following: In the event the signal system installed under this agreement is partially or wholly destroyed and the cost of; repair or_replacement cannot be recovered from the person or persons responsible for such destruction, then, in that event the cost of repair or replacement shall be borne by the State$ VIII i i Article VIII of. the Original Agreement is hereby canceled and superseded by ,the following, and by Article IX of this Supplemental Agreement: In the event that either highway or railway changes will necessitate revislnns of the signal% by rearrangement, replacement or additions at the sald' location, the party whnse changes cause said revisions will bear the entire cost of the same without obligation to the other. IX If, for any reason, said signals shall no longer be 'required at the said grade crossing, the Railway, on the approval of the State, may remove said signals, and credit the State with the sale valija ince .,i♦ . 9 ;. interest, agrees that it will not discriminate in its choice of contractors and will include all the nondiscrimination provisions set forth in Exhibit "C-1" attached hereto and made a part hereof, in .any such contract or agreement. I ' XI Except as modified by this Supplemental Agreement No. 1, said Original Agreement dated June 16, 1972, designated as BN Docket 2044 remains in full force and effect. w XII This Supplemental Agreement No. 1 shall. inure to the benefit of and be binding on the parties hereto, their successors and assigns.. . IN WITNESS WHEREOF, the parties have caused this Agreement .to be executed the day and year first hereinabove written. APPROVED AS TO FORM STATE OF WASHINGTON �i. DEPARTMENT OF TRANSPORTATION . Y; By i1q Loca ion-Des EiA4 Assis ant .Attorney General / ng • BURLINGTON NORTHERN RAILROAD COMPANY • ', ' <' ' By I (Title)le AuL fte Pna., Engineering 1 . i F. i A BURLINGTON NORTHERN RAILROAD COMPANY PACIFIC DIVISION 5TH SUBDIVISION YELM STATE OF WASHINGTON VALUATION SECTION 5N EXHIBIT "B-1" Estimated cost to change 8 3/4" rondels to 12" rondels at SR 510 crossing at M.P. 25+2973 as per Exhibit "A". ESTIMATED COST LABOR NON-LABOR 1. Signal Work Replace existing 8 3/4" diameter rondels with 12" diameter (8pr. ) $1,000 $2,790 Material Handling --- 200 Freight - --- 30 Equipment Rental --- 200 Expenses - - 200 Subtotal without. labor surcharges $1,000 $3,420 2. Engineering and Preparation of Bills Preliminary and special engineering and field inspection and office work $ . 200 $ --- Preparation of Bills 50. - Subtotal 0 .Subtotal without labor surcharges ' . $ .250 $ --- SUMMARY 1. Signal Work $1,000 $3,420 2.. Engineering .and .Preparation of Bills 250 --- 3. Liability Insurance, $1,000,000 coverage --- 134 $1,250 $3,554 6. Labor Surcharges. Vacation Pay, Paid Holidays, Railroad Retirement, Unemployment Insurance, Health and Welfare Benefits $ 570 $3$3'35 1,820. $5,374 Contingencies 535 5,909 State of Washington Tax 181 6,090 Salvage - Light Units . 80) Total B/C vs. State of Washington - $6,010 EXHIBIT "C-1" Appendix A Nondiscrimination Provisions of Title VI of the Civil Rights Act of 1964. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agree. as follows: (1) Compliance with Regulations: The contractor will comply. with the Regulations of the Department of Transportation relative to non- discrimination in federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations) , which are herein `:. incorporated by reference and made a part of this contract. * (2) Nondiscrimination:. The contractor, with regard to. the work performed by it after award and prior to completion of the contract work, will not discriminate on. the ground of race, color, or national origin in . the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not partic- ipate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix "A", "B" and "C". (3) Solicitations for Subcontracts, Includino Procurements of Materials and Equipment: In all solicitations either y competitive bidding or nego is ion made by the contractor for work to .be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant .thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or r. _ refuses to furnish this information, the contractor shall .so certify to the State Highway Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information.. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance wit the nondiscrimination provisions of this contract, ` the State Highway Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be 9 Y y appropriate, including, ' but not limited to, (a) withholding, of payments to the contractor under the contract until the contractor -complies, and/or (b) cancellation, termination or suspension of the contract. in whole F , 1 . (6) Incorporation of Provisions : The contractor will include the provisions of paragraph 1 through (6) in every subcontract; , including procurements of materials and leases of equipment, unless exempt by the A Regulations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or.the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litiga- tion with a subcontractor .or supplier as a result of such direction, the contractor may request the State to enter into.such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigations to protect the interests of the United States. * PROHIBITION OF DISCRIMINATION ON THE BASIS OF SEX. SEC. 162. (a) Chapter 3 of Title 23, United States Code is amended by adding at the end thereof the following new section: ' "S 324, Prohibftion of discrimination on the basis of sex. No person shall on the ground of sex be excluded from participation in, be denied the benefits of, .or be subjected to discrimination under any program or activity receiving Federal assistance under this title or .carried on under this title. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. However, this remedy is not exclusive. and will not prejudice or cut off any other legal remedies available to a. discriminatee." 1� • it I ` I s NW Y4 5W'/4- ZEO. 19 T. n W'q.2 E,\AI hit AVE. -.._RAILROAD ' 549 05.9 x►� MP 25+2973 MP25.56 To 7 ._-`�—To TE VINO BM a,. FIRST 1 O WORK, b� BURR v � _ M - - The euisting .Slc qkl roundels �, I�C.�, -the. larger' roue els, EXII I BIT. 13" f;,>A I LT ( AQ CO SEA•- P'ORT, R'EGIONI —•TACC)MA;=TEN SMO JC-°, REHABILITATE C.IC � IAI C A r-' ter'- 1 hj A % jr-- AVID BURUNG TON NORTHERN 800 Central Building &O Seattle, WA 98104 Mr. M. A. Smith, Location-Design Eng. May 26, 1982 State of Washington Department of Transportation 2 14 6 Highway Administration Bldg. V� ------------ - `` k ' Olympia, Washington 98504 3433 - Attn.: R. D. Matchette — Dear Sir: With reference to your letter of May 17, 1982, your subject Railway Agreements, Estimates Vs. Incurred Costs, as it relates to various agreements which are now pending with the State for signal installations in various locations within the State of Washington. You received the duplicate original copies of a supplemental agreement Changing the 8-3/4 inch diameter rondels to 12 inch diameter-rondels on the existing cantilevers where SR-510 crosses our Pacific 5th Subdivision at MP 25+2973 at Yelm, Washington. That agreement contains objection- able language in Article III and it is your agreement No. UC-2146. The existing Article III is on page 1 and page 2 of the agreement and it -- ----- -- ---contains three paragraphs: Paragraphs 1 and 3 have been rewritten and the existing paragraph 2 does not change. I am attaching a revised portion of Article III which now contains three paragraphs. These changes, as indicated on the revised portion, should be satisfactory to the State. - Would you therefore please have the agreement executed and line out paragraphs 1 and 3 of the existing Article III and approve the changes for Article III by signing the attached duplicate original copy of this letter, and after execution of the agreement, return the Burlington Northern's fully executed copy with the revisions to Article III attached. Send the original copy of this letter back for filing with the fully executed copy of the agreement. Sincerely, D. A. Bell Chief Engineer Reg/ikon By: L. L. . George State of Washington Engineer Public Works Department of Transportation LLG/sawe,2 cc: Mr. R. G. Brohaugh y %"' Location-De Engineer File: Yelm, WA - General It is understood that Exhibit OMO, attached hereto and made a part hereof, is a current estimate of the cost of the work. to be performed by the Railway at State expense and is 'for informational purposes only. The State shall reimburse the Railway for all cost and expense incurred by the Railway in connection with the. construction of said project. <d-- -_The Railway may submit progress bi.11s to the State during the progress of- the work included in.. this agreement for the actual cost of services and expenses incurred by the -Railway and the- State shall pay such bills promptly. It is further agreed that a final and complete billing of all actual incurred costs and expenses, ascertained in accordance with the provisions of FNPM 1-4-3, which by this reference is incorporated in this agreement, shall be made at. the earliest practical date and the State shall, upon presentation of final billing, promptly pay said final. bill less previous payment. Preliminary engineering costs incurred subsequent to November 23, 1981, may be charged against the project. 2146 BURLINGTON NORTHERN COP .176 East Fifth Street St. Paul, Minnesota 55101 ENGINEERING DIVISION Telephone (612) 227-0911 Mr. G. H. Andrews, Director of Highways February 12, 1973 Department of Highways Washington State Highway Commission Highway Administration Building Olympia, Washington 9850+ Dear Mr, Andrews: Prior to November'27, 1972, Federal Highway Administration Policy and Procedure Memorandum No. 21-10 provided that, with respect to installation of automatic signal devices at existing grade crossings of railways and highways, the railway liability would be 10% of the cost of the .project. Federal Highway Administration Instructional Memorandum 21-5-72, effective November 27, 1972, modifies said Policy and Procedure Memorandum so as to reduce the railway liability to 0% for projects for which the State-Railway agreement had not been executed prior to said effective date; and also provides that, for projects which have not been closed by payment of the final voucher and the State-Railway agreement was executed on or after October 1, 1971 but prior to said effective date, the State and the Railway may elect to modify such agreement to reduce the railway liability to 0%. Each of the following agreements between the State of Washington and Burlington Northern Inc. provide for railway liability of 10% of the cost of the project, and under the provisions of the above Instructional Memorandum 21-5-72 are eligible for modification to reduce the railway liability to 0% in each thereof; thus we propose that they be so modified: State Railway Location Reference Reference Date Supplement No. Acme UC-1589 BN 2273 Aug. 18, 1972 1 Alderton UC-1611 BPI 20+6. sun. 16, 1972 1 Kent (Meeker St.) UC-15+3 BN 2098Jun. 30, 1972 1 Kent (Willis St.) UC-1506" BN 2562 Nov. 13, 1972 1 Tenino UC-1613 BN 2045 Jun. 16, 1972 1 V Yelm UC-1612 "0 Aug. 28, 1972 1 Palouse UC-1618 BN 20+8 Jun. 16,1972 1 Reardon UC-1619 BN 2047 Jun. 16., 1972 1 Yethonat UC-1502 BN 1215' Nov. 3, 1972 $ XOTW Mr. G. H. Andrews - 2 - February 12, .19T3 _ This letter is furnished in duplicate. If the above proposal is satisfactory to the State, will you please have the State's acceptance endorsed on both copies. of this letter in the space provided and return one copy to me. A copy of this letter will then be filed with each of the above listed agreements and considered as the above indicated numbered supplement thereto. Very truly yours, B. G. Anderson Assistant Vice President-Engineering i ACCEPTED: U_ 161973 Washingto State Highw Commission Argved as -to form BY `t-'�� Assistant Attorney Gonorai Title ASSIS MI1 DIRECl'CR 0H HIGHWAY DEVELOPMENT , File: 323-H i ( 9�. .:j2T:, / r.. .�( ?n �..1 iiZ lerC ln��t�1' The Grantor, ;JB.i N1.1T6N NCFT.iy. T u., a 7e1 .•:,:ire mora pn a called pa-lway Co tea. for and in considerati n of. i4TU 111:I1drEd if u}' and Y•(o/lCG Dollars (:;250.00) to it pdid, and the al•reen^nts herein contained, does he-reby q grant to the ST:T C_" !3h11 GTCi(, ? era�.n7`ter called S`_z e, an ease,er_t fer pub- �! lic road'-ray ptrposes only upon and across trC St'_ the ,-- rface of 31l,. 'I9 right O. � � prem es situated in tray, andm for no other purpose., upon tha s.oslc,\ng escr3red Thurston County, State of .1ashingt-Dn: 1 That area located on the r �liTa_y Is. Taco:rF. to,Tenino Jct. line at { Rail-,ray Survey S to W nl3:c.� .9, t=ile Post 21+?c)7' itthe of Section 19, Township 17 :North, Range 2 'cast, ''I.:?., at- .elan, Washin=,ton, as shown iI. it_� o'.-mti�ne on `�?bit '! " map dated Earch 2, ! / 1972, attached hereto and by this reference Tide a ,part hereof. a� GOU tnt This easement is made SUbjeCt t0 and upon.the following e:CtreJS conditions: i 7'u E I The fail*•ray Company,. for itself and its successors and assigns, reserves all MGR..i:iGR. rights to use the property herei'ibef'Or•e described for ai•�jl and all purposes rrhat- ls�•, t� senent hereby granted, including, but not limited solver not �_T COn3?3tE??t with the ea c MM. to, the ri:;ht to ccnstruct, train+zzn, repair, mere T, reconstruct, replace and operau ,o present tracks and future tracks, communication, signal m. and electric per m >_i.neS, ! utilities and other types of Facilities on said prop-erty ;;hen ueemed necessary or expedient to the Rail;ray Cc.^tpa y, i ghts reserved shall be so exerc sed as not to J damage or interfere with the h=_�;st;;ay as above defined. This easemenu is subject to all existing interests of third parties in said property of any kind or nature whatsoever and any.and all extensions or rene-wals thereof. Ths Sl"--',e agrees t0 provld9, at its SOIfl CO:,t and e:mense, PC"-Qll$tE dra.iTl3Qe of the Railtray Company Is property in con�ec tion ;•rith const.'ucti on and maintenance of said highway structure, also agrees to reimburse the Nail..ray Cor. , for any and all. expense incurred by it by reason of any failure of ,the State to provide such drainage. -' This easement is granted pursuant to the terms of the cons vrizcti on agreement entered into bet-ween the parties dated 1A,z _ /G�_/f 7 Z Iv I In the event that said propart�r shall at any t=* n cease to be u,ed by the publ-ic i as street or hi.---h,,-jay grade crossing, or sha11 by operation of -to or otherand rmi- � i -vacated or abandoned, the easement herein granted shall iTr,.*I�adi taly-Ease and termi- nate without notice of other proceedings on the part of the ail'.-I Co-pan�r, and the i State, its successors or assigns, shall reconvey in:.edia.tely s{iii property to the Rall-way Co}i paily. i I^T ?TITi%TFz ; �w—RMLi, the parties/hereto have e�_act:.tcd this ag7reeziient i.I•I dt:pU_cate t this �N day of Lf�L ----� 1972. V � \ r T1; T �T �,?u T;;�'t`1 I3;r;a B.JriL".. __Q?�' iGvac I / / Attest APPROX. AREA_2oon i9./�� Accented and. approved $"' �- , 1972 I ��el STht?G`:'Cii STATE Or KINNESO'lA ) .. ) ss County of Ramsey ) On this day of , 1972, before me personally appeared G'. F. DEFiEL and R, ir% O1ILLY , to me known to be a Vice President and Secretary, respectively, of Burlington northern inc., the corporation that executed the within and foregoing anstrurent, and ackno.,sledged said instrument to be the free and. voluntary act and deed of said Burlincton Northern Inc., fcr the uses and purposes therein mentioned, and on oath stated that they Vere authorized to execute said instrupent and that the seal affixed is the corporate seal of said Burlington Northern Inc. IlV TrlITidESS :ItZE0r, I have hereunto set ray,hand and affixed lr�y official seal the day and year last above „ritten. Notary Fablic in and f or the SloOue of Minnesota residing at St. Paul 1,V Commission expires R. H. EIROKOPP 9 NOTARY PUBLIC- MINNESOTA RAMSEY COUNTY 111dy Comm. Expires April 22, 1976 • x # l lc, wm Oro --------------- tYl W Sec.'!9 ,. Totms�i.p 17 N F_anSe 2 EEas 11.0 50 O m 50 l 50 .Ta Ta..O ri3O-; .� ^ �..� To 7e 7 7,e, 0 cJC v. , 00 - • • . Off, 5T. R 5 i C) �. a! .. ,% . r•' s r •� ' BURLINGTON! NORTHERN INC. 3N DOCKET 3302 INDUSTRIAL TRACK AGREEMENT Parties AGREEMENT made this �� day of 1. 19 between BURLINGTON NORTHERN INC., a Delaware corporation, hereinafter called "Railroad", and McL I N'S, INC. a M i nnesota corporation, hereinafter called "Industry", whose billing address for the purpose of this agreement is 2425 Marvin Road Northeast, Olympia, Washington 98506 Location WHEREAS, Industry desires the construction, maintenance and operation of trackage hereinafter called "track"to be located at Ye 1 m, Washington shown between the letters A—C and crossing colored RED on the plat hereto attached dated. March 29, 1973 marked Exhibit "A", and by this reference made a part hereof. . NOW therefore, the parties hereto agree to the construction, maintenance and operation of said track/on the following terms and conditions: and crossing Right of Way Section 1. Industry shall first procure without expense to Railroad all necessary right of way and all necessary public authority and permission for the construction, maintenance and operation of the track. and cros it7q an�I c ssin nighry further agrees that said trac0shalV%e corr�tructed, maintained and operated subject to all i' provisions of any such public authority or permission and, regardless of the fact that same may be granted to Railroad rather than to Industry, to assume any and all liability for and to indemnify,defend and save harmless 1 Railroad from and against any and all loss,cost,damage,suit or expense in any manner arising or growing out of compliance with or violation of the provisions of such public authority or permission. P If separation of the grade of said track and of any highway is ordered by public authority, the Industry r shall indemnify Railroad against any expense in connection therewith or consent to the removal of the track. and Construction, CrOSSSectI 2. (a) Industry, at its own expense, will do all grading and provide necessary drainage for that Ownership and portion of track which is located off Railroad property, unless by prior understanding Railroad does the work, Maintenance which, in such event, will be at expense of Industry. Grading and drainage work on Railroad property will be performed by R;AftXor/I ndustry at Industry's expense. (b) Railroad will construct track from point of switch to point of clearance (14 feet from center to center of tracks) between the letters A—B on Exhibit "A"for the agreed amount of Five Thousand Three Hundred Twenty—five and No/100r s inq Dooylars RE ($ 5,325.00 ) and from point of clearance to end between the letters B-C San 7 cJn �xhibit --"A"for the agreed amount of Four Thousand Seven Hundred Forty—one and No/100 Dollars ($ `+,741 .00 ) all at expense of Industry. IrAwl the 4-RdL46try shall 0--pay te Rail.-ad -1. sei+ai Feflff%'. Industry, before any construction is begun,shall pay to Railroad such agreed amounts. (c) Cost of construction of track from point of switch to point of clearance between the letters A—B on Exhibit "A", paid for by Industry in the first instance in the amount of Five Thousand Three Hundred Twenty—five and No/100 Dollars ($ 5,325.00 ) is subject to refund from the general funds of Railroad to Industry at the rate of Ten and No/100 Dollars ($10.00) for each car of freight delivered on or shipped from track on which Railroad receives road-haul revenue in excess of Fifty and No/100 Dollars ($50.00) during the period of five (5) years after the date of completion of track,unless the total of such refund payments shall sooner equal said amount.Industry shall submit a list of such cars to Railroad's Director Disbursement Accounting, 176 East Fifth Street,Saint Paul, Minnesota 55101,upon each six(6)month anniversary of this agreement,and a settlement shall be made promptly after verification of such lists by said Director. Such'lists shall show car numbers, waybill numbers and dates, points of origin and destination. (d) Railroad will maintain track between the letters A—B on Exhibit"A" at its expense and will maintain track between the letters B—C and cross i n8 colored RED on Exhibit"A" at expense of Industry. (e) Railroad will own the track between the letters A—B on Exhibit"A"and Industry will own the track between the letters B'C on Exhibit"A", Industry shall bear and pay any costs for changes or alterations in that portion of track owned by Industry that may be necessary in order to conform to any changes of grade or relocation of the tracks of Railroad at the nnint of connertinn with said track rPgtlirpd by any law, ordinance or regulation, or necessary because of any other reason beyond Railroad's control. Industry shall pay to Railroad from time to time the cost of maintenance, additions and betterments,done by Railroad, herein agreed to be borne by Industry,within twenty (20) days after bills are rendered therefor. Should Industry do any work of construction, maintenance, or of additions and betterments, it shall do such work in substantia; and workmanlike manner,and in accordance with Railroad's standards. If Industry fails Clearances Section 5. Industry shall not place, or permit to be placed, or to remain, any material, structure, pole or other obstruction within 8%feet laterally of the center or within 23 feet vertically from the top of the rail of said track; provided that if by statute or order of competent public authority greater clearances shall be required than those provided for in this Section 5, then Industry shall strictly comply with such statute or order. However, vertical or lateral clearances which are less than those hereinbefore required to be observed but are in compliance with statutory requirements will not be or be deemed to be a violation of this Section. Industry agrees to indemnify Railroad and save it harmless from and against any and all claims, demands, expenses, costs and judgments arising or growing out of loss of or damage to property or injury to or death of persons occurring directly or indirectly by reason of any breach of the foregoing or any other covenant contained in this agreement. Should either, or both,the lateral and vertical clearances hereinbefore required to be observed be permitted to be reduced by order of competent public authority, Industry hereby agrees to stricely comply with the terms of any such order and indemnify and hold harmless Railroad from and against any and all claims, demands, expenses, costs and judgments arising or growing out of loss of or damage to propert••, or injury to or death of persons occurring directly or indirectly by reason of or as a result of any such reduced clearance. Public Section 6. Industry shall pay all compensation and assessments required at any time by a municipality, Assessments public authority, corporation or person for the privilege of constructing, maintaining and operating said track. and crossina. _ iabiIity Section 7. Industry agrees to indemnify and hold harmless Railroad for loss, damage, injury or death from any act or omission of Industry, its employees , or agents, to the person or property of the parties hereto and their employees, and to the person or property of any other person or corporation while on or near said track and crossing, and if any claim or liability shall arise from the joint or concurring negligence of both parties hereto it shall be borne by them equally. Notwithstanding anything herein contained to the contrary, nothing herein is to be construed as an indemnification against the sole negligence of Railroad, its officers, employees and agents . Assignment Section 8. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto; however, Industry shall not assign this agreement or any interest therein without the written consent of Railroad, and for any departure in this respect Railroad may terminate this agreement. and cross I ng Right to Section 9. Railroad shall be privileged to discontinue the maintenance and operation of said track/and to Disconnect remove its turnout connection in the event Industry shall fail to keep and perform any obligation or stipulation Track stated in or resulting under this agreement. Removal of Section 10. Railroad agrees, upon discontinuance of the use of the track, to remove from its right of way Track that part of the track owned by Industry and to pay to Industry the salvage value of the usable material so removed, less cost of recovering it. If the cost of removing or recovering said track exceeds the salvage value thereof, Industry shall pay Railroad the difference. Joint Use Section 11. This agreement is also made for the benefit of such other railroads which, either by prior by other understandings or agreements with the Railroad have the right to use the track,or which shall be admitted in the Railroads future to the use of the track by Railroad, all of which railroads shall be deemed the "Railroad" within the meaning hereof. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. BURLINGTON NORTHERN INC. By / Vice President MGLIN'S INC- By - T.-� ::� 1 i M. 8. /334-t 6 4? UA. / a 34 Jy 6 WIr 16s --R�o%.Gibe= 6�r�es-47SR.8 . LZ DO 22 372 . 133 N /roe-33n6o✓e�r��,r. , iZ?c'/YYlii� oBSS, Coe,-,-7 l/fi1i�r`� i /01, 211,17 �•'&' ood Xing. ' o?�' - � � � 13�.$,t0o.�,TetepF,on o61eXq.Permii9�314,T-15.66�C.F,.6044. n �l' a � /325 � • ,, ; 1-11nRWD BURLINGTON NORTHERN INC. INDUSTRIAL TRACK AGREEMENT $N 7218 (When No New Construction Is Involved) Parties AGREEMENT made this 30th day of December 196, between BURLINGTON NORTHERN INC., a Delaware corporation, hereinafter called "Railroad", and KINNEAR - DIVISION OF HARSCO CORPORATION a Delaware corporation, hereinafter called "Industry", whose billing address for the purpose of this agreement is P. 0. Box 238, Centralia, Washington 98531 Location WHEREAS, Industry desires the continued maintenance and operation of trackage hereinafter called "track"located at Yelm, Washington shown between the letters A and C ,on the plat hereto attached dated September 15, 1976 ,marked Exhibit "A",and by this reference made a part hereof. NOW THEREFORE,the parties hereto agree to the continued maintenance and operation of said track on the following terms and conditions: Right of Way Section 1. Industry shall first procure without expense to Railroad all necessary right of way and all necessary public authority and permission for the continued maintenance and operation of the track. Industry further agrees that said track shall be maintained and operated subject to all provisions of any such public authority or permission and, regardless of the fact that same may be granted to Railroad rather than to Industry, to assume any and all liability for and to indemnify,defend and save harmless Railroad from and against any and all loss, cost, damage, suit or expense in any manner arising or growing out of the compliance with or violation of the provisions of such public authority or permission. If separation of the grade of said track and of any highway is ordered by public authority,the Industry shall indemnify Railroad against any expense in connection therewith or consent to the removal of the track. Mai trance, Section 2. (a) Railroad will maintain track between the letters A and B Ion on Exhibit "A"at its expense.and will maintain*Feels betWe2n the letteps a ,.at wipaRse e4 1R 0 rshi Band C Industry will,at its own expense,maintain track between the letters on Exhibit"A". (b) Railroad will own the track between the letters A and B on Exhibit "A"and Industry will own the track between the letters B and C O toon Exhibit "A App10Y Industry shall bear and pay any costs for changes or alterations in that portion of track owned I)y I Industry that may be necessary in order to conform to any changes of grade or relocation of the tracks of Railroad at the point of connection with said track required by any law,ordinance or regulation,or necessary Law Dept B.Nl because of any other reason beyond Railroad's control. Industry shall pay'to Railroad from time to time the cost of maintenance, additions and betterments, performed by Railroad,herein agreed to be borne by Industry,within twenty (20) days after.bills are rendered therefor. r' Any work performed by Industry in constructing or maintaining the track or any facilities extending over, under or across the same or in making additions and betterments thereto shall be done in a substantial and workmanlike manner and in accordance with Railroad's standards. Wire lines shall be constructed and maintained in accordance with Railroad's requirements, the National Electric. Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction: If Industry fails to maintain said facilities or that portion of the track herein agreed by it to be maintained or to pay the bills therefor within the prescribed time, Railroad may refuse to operate over the track. If said track is used for the receiving,forwarding or storing of hazardous commodities, Industry agrees to comply with Railroad's requirements and the requirements of any statute, order, rule or regulation of any public authority having jurisdiction with respect thereto as the same may be modified, supplemented and amended from time to time. Definition Section 3. "Cost"for the purpose of this agreement shall be actual labor and material costs including all of Cost assignable additives. Material and supplies shall be charged at current value where used. Right of Section 4. Railroad shall have the right to use and extend said track and construct spur tracks therefrom Railroad for the accommodation of the business of Railroad or the business of other parties, provided such use or to Use extension does not unduly interfere with the use of said track by Industry. Clearances Section S. Industry shall not place, or permit to be placed, or to remain,any material,structure,pole or _iL_.. ----- n 4 J^ r--. . ._ .... r .. ... -- r .. .. . .. . .. j Should either;"' i both, the lateral and vertical clearances her required to be observed be permitted to be reduced by.order of competent public authority, Industry hereby agrees to strictly comply with the terms of any such order and indemnify and hold harmless Railroad from and against any and all claims, demands, expenses, costs and judgments arising or growing out of loss of or damage to property or injury to or death of persons occurring directly or indirectly by reason of or as a result of any such reduced clearance. Railroad's operations over the track with knowledge of an unauthorized reduced clearance shall not be or be deemed to be a waiver of the foregoing covenants of Industry contained in this Section 5 or of Railroad's right to recover for such damages to property or injury to or death of persons that may result therefrom. Public Section 6. Industry shall pay all compensation and assessments required at any time by a municipality, Assessments public authority,corporation or person for the privilege of maintaining and operating said track. Liability Section 7. Industry agrees to indcainiry and hold harmless Railroad for loss damage, injury or death from any act or omission of Industry, its employees , or agents, to the person or property of the parties hereto and their employees , a,y to the person or property of any other person or corporation, while on or near INITI said trapk, and if any claim or liability shall arise from the ,joint or con- curring negligence of both parties he.reto it shall be borne by them equally. IiVlil L`. Notwithstanding anything herein contained to the contrary, no herein is to be construed as an indemnification against the sole negligence of Railroad, �.. its officers, employees and agents. In the event Industry permits a party or parties,hereinafter called "Permittee",other than Railroad to use said track for receiving, forwarding or storing shipments, Railroad hereby consents to such use, and in such case Industry hereby agrees to indemnify and hold harmless Railroad from and against any and all loss, damage, injury or death, resulting from or arising out of any act or omission of Permittee, its employees or agents, to the person or property of the parties hereto and said Permittee, and to the person or property of any person or corporation while on or near said track. Assignment Section 8. This agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto; however, Industry shall not assign this agreement without the written consent of Railroad, and for any departure in this respect Railroad may terminate this agreement. Right to Section 9. Railroad shall be privileged to terminate this agreement and discontinue the maintenance and Disconnect operation of said track, and to remove its ownership, in the event of any of the following contingencies, vir.: Track (a) Industry ceases for a continuous period of one (1) year the doing of business in an active and substantial way at the industry or establishment served. (b) Railroad is authorized by competent public authority to abandon its line to which track is connected. (c) Industry shall fail to keep and perform any obligation or stipulation stated in or resulting under this agreement. No recourse or,claim will exist in favor of or be asserted by Industry because of the discontinuance of operation and removal of the metal and fastenings as provided in this Section of this agreement.. Removal of Section 10. Railroad agrees, upon discontinuance of the use of the track,to remove from its right of way Track that part of the track owned by Industry and to pay to Industry the salvage value of the usable material so removed, less cost of recovering it. If the cost of removing or recovering said track exceeds the salvage value thereof, Industry shall pay Railroad the difference. Joint Use. Section 11. This agreement is also made for the benefit of such other railroads which, either by prior by Other understandings or agreements with the Railroad have the right to use the track,or which shall be admitted in Railroads the future to the use of the track by Railroad,all of which railroads shall be deemed the "Railroad"within the meaning hereof. / Section 12. This agreement is effective as of July 15, 1976. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. BURLINGTON NORTHERN INC.. Vice Iki xx k3tk®dt= HARSCO CORPORATION Wash. � / � 3 if I i I ' I J I i I ' N o. .018-5 r1A,6001 PRIVATE ROADWAY AND CROSSING AGREEMENT AGREEMENT made this 20th day of March 19 85. , between BURLINGTON NORTHERN RAILROAD COMPANY (formerly BURLINGTON NORTHERN INC. ) , a Delaware corporation, hereinafter called "Railroad" , and SILVASEED COMPANY, a Washington corporation, whose post office address is P. 0. Box 118, Roy, WA 98580, hereinafter called "Permittee" , WITNESSETH: WHEREAS, Permittee desires for Permittee's use the maintenance upon the right-of-way of Railroad of an existing private 16 foot plank road crossing, hereinafter sometimes jointly referred to as the "roadway" , and sometimes referred to as the "crossing" , located at M.P. 21+150, S.S. 1109+69, Roy, County of Pierce, Washington, as shown colored red upon the plan which is attached hereto and made a part hereof, marked Exhibit "A" dated May 10, 1974, and Railroad agrees to the maintenance thereof and the use thereof by Permittee upon the following terms and conditions: 1. Permittee shall , at their own cost and expense, maintain the roadway approaches and drainage facilities. Railroad shall maintain said crossing at Permittee's cost and expense. Railroad 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 by Permittee and said other parties. 2. Permittee shall , upon execution hereof, pay to Railroad for the license and permission hereby granted the sum of FIFTY DOLLARS ($50.00) for the five-year period commencing as of the date first hereinabove written. Permittee hereby agrees to pay Railroad's standard license and permission charge as may be in effect from time to time for periods subsequent to such initial five-year period. 3. Permittee shall pay to Railroad from time to time the cost of the maintenance, additions and betterments done by Railroad herein agreed to be . borne by Permittee, within twenty (20) days after bills are rendered therefor, and such costs shall be divided equally among Permittee herein and any other users of said road crossing as covered by paragraph No. 1 above. 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 the Division Superintendent of Railroad, 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 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. F+ Pnrmi++oe ehall nn+ nn"M4+ c�i`I ne 5 nnhl" :u 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 Railroad upon which the roadway is located. 9. Permittee shall and hereby does release and discharge Railroad of and from any and all liability for damage to or destruction of the said roadway, 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 roadway, however such injury, death, loss, damage or destruction aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad 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 Railroad 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 Railroad in any such suit or action. The liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or action brought against Railroad may arise out of negligence of Railroad, its officers, agents , servants or employees, or be contributed to by such negligence, except to the extent that the liability assumed may be prohibited by law. 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 Railroad's property, of which said premises are a part. 11. In the event Railroad shall require the use of its premises occupied by the said roadway 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, Railroad 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 roadway 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 Post Office, 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 Railroad. 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 Railroad for quiet enjoyment. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. In presence of: BURLINGTON NORTHERN RAILROAD COMPANY Assistant General nager SILVASEED COMPANY CX85-16001 `��,� t xr,•n*r� fit. 1 i131i�Si;C�: 7J . i e/Ce. l;ne Yin9 96020, 1x TBI. ji;7e 4-27737-660 i - - 74 . � ----- ' t j �� 'J, � 1 i i 1 3 Q• e� - f� �:T11T7�'.fl.'l. 14p.,rf vmppelint9 ?/ s - -'e: -- '. 1..-•_ ?9t37 F.C.R.&L '_'Ire.L;;,t Vwj h�Ti�9+619 - �'�• . `r Ao,` CX86-16049 PRIVATE ROADWAY AND CROSSING AGREEMENT Transfer.: 205,343 1/15/72 Robert H. Sherman AGREEMENT made this 16th day of JUNE 1986, between BURLINGTON NORTHERN RAILROAD COMPANY ormerly BURLINGTON NTRTHERN, INC. ) , a Delaware corporation, hereinafter called "Railroad" , whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, Washington 98104-1105, and PATRICIA ANN PAISLEY and LEWIS H. MARKUS, whose post office address is P.O. Box 778, Yelm, WA 98597, hereinafter called "Permittee" , WITNESSETH: WHEREAS, Permittee desires for Permittee's use and maintenance upon the right-of-way of Railroad of a private road and cattle pass crossing, hereinafter sometimes jointly referred to as the "roadway" , and sometimes referred to as the "crossing" , located between concrete 4 & 5 beneath ' Railroad's' Bridge 22. 1 over the Nisqually River, at or near YELM, County of Thurston, Was-hington , as shown highlighted w upon the plan is is attached hereto and made a part hereof, marked Exhibit "A" dated 11/18/71, and Railroad agrees to the maintenance thereof and the use thereof by Permittee upon the following terms and conditions: 1. Permittee shall , at THEIR own cost and expense, maintain the roadway approaches and drainage facilities. Permittee shall , at THEIR own cost and expense, obtain and furnish to _ Railroad a policy of Public Liability and Property Damage Insurance as set out in Addendum attached hereto and made a part hereof. Railroad shall maintain said crossing at Permittee's cost and expense. 2. Permittee shall , upon execution hereof, pay to Railroad for the license and permission hereby granted the sum of TWENTY FIVE DOLLARS ($25.00) for the five-year period commencing as of the date first hereinabove written. Permittee hereby agrees to pay Railroad's standard license and permission charge as may be in effect from time to time for periods subsequent to such initial five-year period. 3. Permittee shall 'pay to Railroad from time to time the cost of the maintenance, additions and betterments done by Railroad 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 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 Division Superintendent of Railroad, 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 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- r 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 Railroad upon which the roadway is located. 9. Permittee shall and hereby does release and discharge Railroad of and from any and all liability for damage to or destruction of the said roadway, 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 roadway, however such injury, death, loss, damage or destruction aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and fromany 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 Railroad 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 Railroad in any such suit or action. The liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be contributed to by such negligence, except to the extent that the liability assumed may be prohibited by law. Notwithstanding the foregoing, nothing herein contained is to be construed as an in emni ication against the sole negligence of Railroad, its officers, employees or agents. 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 Railroad's property, of which said premises are a part. 11. In the event Railroad shall require the use of its premises occupied by the said roadway 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, Railroad 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 roadway 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 Post Office, 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 Railroad. 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 Railroad for quiet enjoyment. c IN WITNESS WHEREOF, the parties hereto have executed this agreement the day • and year first above written. BURLINGTON NORTHERN RAILROAD COMPANY B S D v s'oAnineer Witnesses in presence of: PATRICIA ANN PAISLEY and LEWI H. MARKUS' J � 'L ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. CX86-16044 DATED June 16, 1986 The Permittee shall procure and keep in full force and effect during the term of Permit No. CX86-16044 a policy of Public Liability and Property Damage Liability Insurance as herein provided, or certificate with respect thereto, 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 regular Public Liability Insurance for all damages arising from bodily injuries to or death of one or more persons and regular Property Damage Liability Insurance for all damages to or destruction of property during the policy period. Said insurance shall provide for a combined single limit of Five Hundred Thousand Dollars ($500,000). Such policy or certificate with respect thereto, together with said Con- tractual Liability Endorsement attached thereto, shall be submitted to the Railroad 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 same with the Railroad. " It is understood that said insurance policies shall be so written that no insurance company shall have any recourse against the Railroad, by way of subrogation or otherwise, for any loss covered by or paid or payable under said policies. to q, 2 O to , 12 ti y � v \, o C�.\ 01 I _L--- -- - ---- -- 2.3 R • i 1216 + $ N . . 1 t ShL-2Qs 0 I� Pd-r7`91rWf 1 F�r� r 45 p6—'�t�s* �s A H.Sh rma� L'105.3 Y3 y Xa SFERRED T0: �50'PGTr icia A n Paisley Lewis H. Markus , CX86-16044 '\• June 1 1986 11{195 ctr.�, '• . W Pr. 210 _--1209 f 62.5_PT Q5 D.P. 4- 42' Chd5• 5_ r r ° 40 � 13.9 1 945 PCS r- I 1207 P.C.c. 1 cr ,V 11604979 1 \ • N \ �I \ GXF1113IT "R" CONTRACTUAL LIABILITY ENDORSEMENT In consideration of an additional deposit premium of t 75.00 the insuring agreements of the policy to which this Contr.actuaal Liability Endorsement 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 enterer.] into between the insured and Burlington Northern TT1C. numher.edU86-16044 and elated June 16, 1986 . Permittee shall and ti er.eby dors release and di scriarl,e Ra i.lr.oad of and f r.oin any and ,all. 1 i.ab i 1 i.ty for damage to or destruction of the said roadway, or any property of Permittee thereon ; and shall and hereby does assume any and all liability for injury to or rinat.h of persons , or loss of or damage to property in ,any manner arising, From or durins, the construction, use, maintenance, repair or r.c.moval. of said roadwav, however such Injury, death, Loss , damaf;e or do struction aof. r.esaid may occur or be causes' and shall and hereby does indernnify and save harmless Railroad of and from any and all claims , demands , suits, action damages, recoveries, judgments, costs or expenses arising or ;,rowing out of or in connection with any such injury, death, loss , damac,e or destruction aforesaid. Permittee further ac,rees to appear and delend in the name of Railroad any sui-ts or actions at law brow}grit against it on account of any such personal injuries, death or damage to nro— petty, and to pay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action. The liability assumed by Permittee herein shall not be affected or diminisrled by the tact, if it be a fact, that any such sui.t or action hrotiont auainst may arise out of negligence of Railroad, its off. i.cers , ,T �c:nts, ser.vaiit,; , or employees, or be contributed to by such negligence. Notwit.nstandini the fore oin,g, nothing, herein conttai,ned i.s to hee construed as an i.ndemni.fication against the sole ne,li;once of Railroad, its ofLi.cers, emoloyees err agents . This endorsemeTlt 1S i.ssued subject to all Agreements, excliisions, conditions, declarations an() otnFr terms contained i.n the policy, ex— cept as nlodif i ed by this Widorsoinent . Ten days ' written notice shall be giveii to Burl i nY t.oii '2orthern 13ailroad Company addressed to trig Assistant (:eener:Tl '!anai;er, "(;ll,) Fi-rst Interstate. Center, Seattle, 77ashington 'x2104-1105 , o . any ciinccell.ition of Policy 'do. u�i,7zn� i.f cancelled at .:iny time I)r ,*c.r ,i,, i•ne rinn r•...te (.,f the. stated oolicy •)�riod. r!o C«►X9 -1160 ' PRIVATE ROADWAY AND CROSSING AGREEMENT EXISTING CROSSING: Transfer: 237,579 01/01/81-COMPTON AGREEMENT made this 3rd of DEC.,, 199.3, between BURLINGTON NORTHERN RAILROAD COMPANY, a Del awarecorporation, hereinafter called "Burlington" , whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, WA 98104-1105, and STEVE and DOROTHY M. DROBOT, whose post office address is 29521 Highway 507, Roy, WA 98580, 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 10' crossing, hereinafter sometimes referred to as the "Crossing" , located at Survey Station 1109+99 - Milepost 21 03, Line Segment 0400 at or near ROY, County of Pierce, Washington, 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-heeeto 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 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 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. 3. Permittee shall pay to Burlington from time to time the cost of the maintenance, additions and betterments done 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 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 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 keep the same in proper repair, as agreed in this paragraph. - a-"^ f an Pways of said crossing free 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 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 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 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 first having obtained the written consent of Burlington. 13. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, successors and assigns. . . 11 hArPin contained shall imply or import a covenant on the part L ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. CX90-16022 DATED March 1 , 1990 LONG-TERM PRIVATE CROSSING During the term of this Permit, Permittee shall at its own expense obtain and maintain GENERAL LIABILITY INSURANCE against claims arising out of bodily injury,... illness and death and from damage to or- -destruction of : property of Permittee and--others, including_ loss -of.; use thereof,;•and _including- ,Liability, '-af.. Burlington, guests and contractors, and each of them, with a minimum limit for bodily injury and property damage of ONE MILLION DOLLARS ($1,000,000) per occurrence. - This policy shall be broad form (comprehensive) , which includes contractual liability. Burlington Northern Railroad Company shall not be a named insured under this policy. A certificate of insurance shall be submitted to Burlington fo.r approval prior 'to commencement, of any work to . be performed under this agreement.. Such certificate should be identified with the. Permit number shown in -the "Descript- ion of Operation" section of the certificate of insurance. Evidence of. insur- ance..shall accompany .the Permit when returned to Burlington for signature.., 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 approved by Burlington as to i nsur._ance carriers , covering . the. ri sk and must .-.bear. a : cancel 1ati on cl ause rovidi'n 'that .such' insurance may not be"cancel ed,' amen e , or al I owed to Tapse without a thirty 30days advance written notice to Burlington. Crossing shall not be considered as "authorized for use by Permittee" until Permittee provides evidence of insurance coverage to Burlington and is granted the Permit. Questions or clarification of insurance requirements may be directed to: Risk Management Department Burlington Northern Railroad Company 3800 Continental Plaza 777 Main Street Fort Worth TX 76102-5384 PHONE: . (817) 878-2374 . FAX: (817) '878-2377 ANNUAL RENEWAL CERTIFICATES ARE TO BE MAILED -TO THE FORT WORTH ADDRESS, AND MUST REFERENCE THE "U" NUMBER. J IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. BURLINGTON NORTHERN RAILROAD COMPANY By OL//' T i t 10 B 1--3z !€E Rr .552-- V p ¢u�Or� fie. vies STEVE and DOROTHY M. DROBOT In presence of: - Witness St e Drobot Witness Doro M. robo �ECTRlCLINE CROSSING PERMIT- 1:01,'j3 40 R.W.28 _ 6.63 BURLINGTON NORTHERN INC., hereinafter called Railway Company; hereby grants permission ^11 to YEIM TELEPHONE COMPANY, a Washington corporation, hereinafter called.permittee, to construct, maintain, and operate an-electric-line-with-the-necesscry-poI es;crossarmsi-wires;con duits,—and••ot er-fixtures-appurtenant-thereto- -acro s s-the-premises-of-Railway-rcompany-along-the-tours a-de s cri bed-os-fo I lows. a telephone wire over the right of way and tracks of the Railway Company's railroad at survey station 1327 plus 90 - Mile Post 25 plus 854 feet as shown colored solid red on the print hereto attached, marked Exhibit "A" dated March 20, 1973, and made a part hereof; together with a telephone cable across the right of way of the Railway Company and underneath the surface thereof as shown colored dashed red on said Exhibit "A", to be located at Yelm, Thurston County, Washington. The license and permission herein granted is subject to an agreement between Burlington Northern Inc., and Chevron Automotive dated August 15, 1970 for a driveway and unloading platform. This permission is given upon the following terms: 1. Permittee will pay in advance One Hundred Fifty Dollars ($150.00) for the first five-year period and One Hundred Twenty-five Dollars (125.00) for each subsequent five years that this permit remains in effect and will also pay all taxes and assessments that may be levied or assessed against the improvements. Railway Company reserves the right to change the said charge at any time while this permit re- mains in effect upon thirty (30) days' written notice. The provision for payment for each five years in no way impairs Railway Com- pany's right to terminate this permit pursuant to Paragraph 10 hereof. 2. The electric line and appurtenances shall be constructed and maintained in accordance with the National Electric Safety Code and laws of the State of Washington and in accordance with plans heretofore submitted by Permittee and approved by Railway Company. 3. All cost of construction and maintenance shall be paid by Permittee. The Superintendent of Communications of Railway Company will decide what portion, if any, of the work will be done by Railway Company, and for such work Permittee will pay the estimated cost thereof before the work is commenced. If the actual cost exceeds the estimate, Permittee will pay the additional amount when called upon, and if the actual cost is less than the estimate Railway Company will repay the surplus. 4. If in the judgment of the Superintendent of Communications of Railway Company, the construction or maintenance of the elec- tric line herein contemplated necessitates any change or alteration in the location or arrangement of any other electric wires or ap. purtenances located upon the premises of Railway Company, the cost of such change or alteration will be paid by Permittee. 5. Railway Company shall have the right to decide the necessity of repairs to said electric line or appurtenances and upon written request from Railway Company Permittee shall promptly make such repairs. If at any time it becomes necessary in the judg- ment of Railway Company for reasons of safety or otherwise, to change the location, elevation, or method of construction of the electric line and appurtenances, such changes will be made by Permittee within thirty days after being requested to do so and in such manner as Railway Company shall direct. 6. The electric line shall be used for the sole purpose of conducting electric currents at a potential not to exceed 48 volts. 7. This permit shall be binding upon, and inure to the benefit of the parties, their successors and assigns; provided, however, that Permittee shall not assign this permit or any interest therein without Railway Company's written consent. g, permittee agrees that the wires and appurtenances and the use of the same for conducting electric current shall not damage the railroad or structures of Railway Company, or the property of The Western Union Telegraph Company, or any other property upon the premises of Railway Company, or be a menace to the safety of Railway Company's operations or any other operations conducted. on said premises. Permittee does hereby release, indemnify, and save harmless Railway Company and The Western Union Telegraph Company, their successors and assigns, from and against all loss, damages, claims, demands, actions, causes of action, costs, and expenses of every character which may result from any injury to or death of any person whomsoever, including but not limited to em- ployes and agents of the parties hereto, or from loss of or damage to property of any kind or nature to whomsoever belonging, includ- ing but not limited to property owned by, leased to, or in the care, custody, and control of the parties hereto, when such injury, death, loss, or damage is caused or contributed to by, or arises from, the construction, installation, maintenance, condition, use, operation, or existence of said electric line upon such railroad premises. 9. After the completion of construction of said electric line and appurtenances or any repairs thereto, Permittee shall remove from the premises of Railway Company, to the satisfaction of the Superintendent of Communications of Railway Company, all false work and equipment used in the installation or repair work. 10. Railway Company shall have the right to terminate this permit, and the some shall terminate, at the expiration of ninety (90) days after the giving of written notice of intention to terminate the same. Any such notice shall be good if deposited in the United States mails addressed to Permittee at P.O. BOX 593, Yelm, Washington 98597• If Permittee shall fail to remove any material or property owned by it within the time prescribed in a notice of termination, Railway Company may appropri- ate such property to its own use without compensation, or may remove the some at the expense of Permittee. 11. It is understood by the parties that said electric line will be in danger of injury or destruction by fire or other causes incident to the operation, maintenance, or improvement of the railway, and Permittee accepts this permit sub'ect to such dangers. It is there- fore agreed, as one of the material considerations of this permit, without which the some would not 6e granted, that Permittee hereby assumes all risk of loss, damage, or destruction to said electric line without regard to whether such loss be occasioned by fire or sparks from locomotive engines or other causes incident to or arising from the movement of locomotives, trains, or cars of any kind, misplaced switches, or in any respect from the operation, maintenance, or improvement of the railway, or to whether such loss or damage be the result of negligence or misconduct of any person in the employ or service of Railway Company, or of defective appli- ances, engines, or machinery, and Permittee does hereby save and hold harmless Railway Company from all such damage, claims, and losses. 12. It is agreed that the provisions of Sections 8 and 11 are for the equal protection of any other railroad company or companies heretofore or hereafter granted the joint use of Railway Company's property upon which the above described electric current line is located, notwithstanding the foregoing, nothing herein contained is to be construed as an 13. This permission is granted subject to permits, leases, and licenses, if any, heretofore granted by Railway Company affect. ing the premises upon which said electric line is located. indemnification against the sole negligence of Railway Company, its officers, employees or agents. (Continued on reverse side.) ,., W=M WtNFRFQF the parties hereto have executed these presents this ]„st day of June, 19 73. e 14. The Permittee shall construct and maintain its said telephone wire as herein provided, placing the wiring thereof so that it shall at no point be less than thirty (30) feet above the top of rails in the track or tracks of the Railway Company's rail- .. . road as the same is now or hereafter may be constructed. 15. The use of the wording "electric line" herein shall be construed to mean "tele- phone wire and telephone cable." F - ' lz 'r .�� ►'1 rf I!y / h'y� M `� ' � '��. •��•��:�� • --�-N%�-- i Q1.µ . 18 . 44 pelro%vM p�clint #95882 . f 7. 1. ,.. ; _ _ ------ � - - - - y�•�- �,ro \�� ;�prn+'CY•r,',t{ � '•'4 � I *^ / 1. Zy v2T r 1 r: , v - :e ' _ = V.G. � � •-- — �— ----- — -- ----- -- . 60. :IVs 5=H. .� " ,�,_, a-,wo�s�.�. _ � _ .- - - • .. • ' . '::�:•::� "9 - . M 11 - r � 8 r_!rte .120. n ��` � 1. ~ 1✓^�f � � r.• t'• i4"-�' :.i,. '�•'�� Cdr I /- �/ I4 - :I j� QQCk�� i N - � b a � � _'(9 74 �\•' A. 517 � � � � •� l9 .. � � - .. �:-__ f;,n. =s -�� ,� '_�ti; Tran. 6arri� -'- - - •- - - - - - -- - - �N� _, - _... -•, _ � Y ��-. . ,.:... . 1 �.. 22 T Lm - - e..Telephone nes(,_.' 20 Greve IZA 4111 1: ' .ii' r •§ � .. _ �1 +4i'3'"Iia_. .. T ::::'ani CC to tL .14 - r X111 .-- __ 7 �;�` ....._ -..•. .L_. ;, - _•,':., .�"<'''�� . .� w w_ , ._.o, �•. .�: � ., • 1. � � � � _ `�? - _ BUR LINGTON' NORTHERN INC. Y i._...M W.��. . .. � _ _'� =•. ...... "-'.?:�-�. - � �:"� - .... _ ,.nn� r- � •nr Inn f-r-. � . Agreement Private Roadway & Croy. �.�... 16, 55-91, AGREEMENT, made this 16th day of December, 19741 between BURLINGTON NORTHERN INC., a Delaware corporation, hereinafter called "Railroad", and H. R. STRINGHAM, whose post office address is Box 163, Roy, Washington 98580, hereinafter called "Permittee," WITNESSETH: WHEREAS, Permittee desires for Perm'ittee's use the construction and maintenance upon the right of way of Railroad of a private 16 foot plank road crossing, hereinafter sometimes jointly referred to as the "roadway", and sometimes referred to as the "crossing"to be located at survey station 1109 plus 60 - Mile Post 21 plus 150 feet at Roy, Pierce County, Washington. olored yellow dated May 10, 1874, as shown pon the plan which is attached hereto and made a part hereof, marked Exhibit "A'Aand ailroad agrees to the construction and maintenance thereof and the use thereof by Permittee upon the following terms and conditions: 1. Permittee shall, at his own cost and expense, do all required grading of the approaches to said crossing. Railroad shall, at the expense of the Permittee, furnish all materials and construct and maintain said road crossing. 2. Permittee shall,upon execution hereof,pay to Railroad for the license and permission hereby granted the sum of Twenty-Five Dollars (25.00 ) for the first five year period and for each subsequent five years that this permit remains in effect . 3. Permittee shall, before any construction is begun, also pay to Railroad the sum of Four Hundred n 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 the Division Super- intendent of Railroad, 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 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. 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 construed 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 Railroad upon which the roadway is located. 9. Permittee shall and hereby does release and discharge Railroad of and from any and all liability for damage to or destruction of the said roadway, 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 construction, use, maintenance, repair or removal of said roadway, however such injury, death, loss, damage or destruction aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad 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 Railroad 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 Railroad in any such suit or action. The liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or action brought against Railroad may aris out of egl� ence ti�ai d i s fficers, a t ser ants of em to es, or he contributed to by such negligence. Htwi ,s anding S � o�'ng� no�9'ishg herein c('oflained is to be construed as an indemnification agains he sole negff ence of Railroad, its officers a to es or a e t 10. In the event Rai road shall require the use of its premises occupied by e salY�roadway orgarratt 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, Railroad 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 roadway 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 Post Office,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. 11. Permittee shall not assign this agreement or permit any other person or persons to use or occupy any portion of the premises of Railroad occupied by the said roadway without first having obtained the written consent of Railroad. 12. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, successors, and assigns. IN WITNESS WHEREOF,the parties hereto have executed this agreement the day and year first above written. In presence of: BURLINGTON NORTHERN INC. By General Manager—Leases i[o"les t I • I. ''. ' .. .. .. _ ..� � �J fes" 1 .. � + � �� , ' :.:. . � ' � . � � • . _�--- 1. � . � � . . t50 �3�3Si . ..:.. ';�� -.. _ +� '.fro . 3�'�'•.9a � ��_ � � . ._.: � � ; ., ,� —� " : � � , •, _ _ ..'.. . . :' .. � + _ .. ..... . . � } IitBi Staa}.'!;e Ni"'E:' Sn.•: , ecce. lint Xing#9(p010, ti ret L-27y37-660 . Str�nQh om 17 t :} OL445 W.P . .l4'PetrokvmptPetitle#95 / I� Ala - +90 3 4.00 1 r• - �m4.U, rami NA.L 94,&i9 aarra ,� Ob,� � Pipe Line �J THIS AGREEMENT, made this 16th day of ,June 1976 between BURLINGTON NORTHERN INC., a Delaware corporation,hereinafter called "Railroad,"and TOWN OF YELM, a municipal corporation of the State of Washington, whose post office address is c/o Town Engineer Byrne-Stevens & Associates , 610 So . Columbia, Olympia, Washington 98501, hereinafter called "Permittee." WITNESSETH: Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and promises hereinafter made to be observed and performed by Permittee,does hereby grant to Permittee license and permission to excavate for, construct, maintain and operate an 8—inch water pipeline , hereinafter referred to as the "facility," upon, along or across the right of way of Railroad,underneath the surface thereof, and under the tracks of its railroad, as the case may be, at or near Ye lm Station, in the County of Thurston ,State of Washington to be located as follows,to-wit: At- su4yey :st,atip.n 1328,.plus 53 Mule: Post 25 plus 917„geet� as shown colored red on the plat hereto attached, marked Exhibit"A", dated May 2 , 1976 , and by this reference thereto made a part hereof. Permittee in consideration of such license and permission hereby covenants and promises as follows: 1. Permittee will pay in advance to Railroad for this permit the sum of Seventy—Five Dollars ($75 -00) for the first five year period and Twenty—Five Dollars ($25 .00 for each subsequent five years that this agreement remains in effect; also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said charge at any time while this permit remains in effect upon thirty (30) days written notice.This provision for payment shall in no way restrict Railroad's right of termination under Paragraph 9 hereof. 2. Permittee, at Permittee"s sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the facility placing the same in accordance with the specifications provided in application dated April 23, 1976, heretofore approved by the Railroad's Regional Manager Engineering. e y y the right at any time when in his judgment it becomes necessary or advisable,to require any material used in the work to be replaced with like material or with material of a more permanent character; also to require additional work or change of location of said facility as a matter of safety,or of appearance,or on account of additional tracks being laid,change of grade thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein provided. 3. Permittee shall give to the said Superintendent at least two (2) days' advance notice of any work to be done by Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of Railroad. 4. In the event that Railroad, at the request of Permittee,or for the protection of its property and operations,does any work, furnishes any material or flagging service, or incurs any expense whatsoever on account of the excavation for, construction, any reconstruction, maintenance, repair, change of location, removal of the facility or otherwise, Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered therefor. If the excavation for construction, any reconstruction, maintenance, repair,change of location,or removal of the facility,requires any or all of the following work: removal and replacement of track, bridging, protection of track or other railway facilities by work or flagging, engineering and/or supervision, such work is to be performed by Railroad employees and the cost borne by Permittee. 5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility which, in the opinion of Railroad, in any way interferes with any train signals,telephone or telegraph lines,or other facilities of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference.Permittee further agrees to indemnify7ano save harmless Railroad from_ and against any damages,claims, losses;suits olr expenses in any I arising from or'growing out of interference with the signals,telephone or telegraph lines of Railroad by the operation, use or existence of any such grounding system. J 6. Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or destruction of the said facility, and any other property of Permittee located on or near Railroad's premises; and shall and hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers,employees and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including property owned by, leased to or in the care,custody and control of the parties hereto, in any manner arising from or during the construction,any reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss,damage or destruction aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad 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 Railroad 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 Railroad in any such suit or action.The liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be contributed to by such negligence. Notwithstanding the foregoing, nothing herein comtaine.d. .is t.o„ be. construed as an indemnification ,agains,t. the sole negligence of Railroad, it's officers ,' employee-s or agents'. 7. Permittee shall not transfer or assign this permit without the written consent of Railroad. 8. Nothing herein contained shall imply or import a covenant on the part,of Railroad for quiet enjoyment. 9. It is expressly understood and agreed that Railroad may at any time cancel and terminate this license and permission by giving to Permittee thirty (30) days notice in writing of its intention to cancel the same and at the expiration of such notice-this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof,Permittee, 10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days' notice to Permittee, remove the facility, and restore the right of way to its previous condition at the cost and expense of Permittee. 11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post office addressed to Permittee at Permittees post office address above stated or as otherwise directed by Permittee. 12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by Railroad affecting the premises upon which said facility is located. Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof,shall inure to the benefit of and be binding upon the parties hereto,their respective executors,administrators, successors and assigns. IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written. In Presence of: BURLINGTON NORTHERN INC. .a By a a ria, ., a Q General Manager— Leases TOWN OF YELL B y Q Mayor Attest Town Clerk --� ;:_._._. , __,.;,. -, ...>..�.:: _� .4�.,,.r"..�:F-.._ - - _ : -�-�s.:: K'-<. �`�a��""'�'a-��._t�-� .mss.:-�'-o•.-S-YS� _z - ,-- - �<. ,� .�= '� :°'- `+. . E: .,-F'o _-a�"�a- Y`t _'-��`��-•�.::� �a+a=��-��`:�"v=_� �_�y�'�.s�-� '-ua%-i'j� °":�' 'r'ara�-'-it�''�.z' �c �'�� - "7.�.- �s� +'• -.,,� -��:.,�_,.k•s�_��+..-� n i .kt, Ji r- Tr etr - � - �-:_n 'ci#«+`... �+-+a.�`+`�a�i�i". �_�"�+� .,,z. may.-"!�.� �c 2S..:1d% _ ,4M N �...3' .�' } •,�„ -. - >.-.�.,-.s --y':. : �<�` .,.- '�`�� :3 may,,.,•.".-"�-- y -�� -.T.-� - - D r _ M1 f c tr ~ - BURLIN - - 44 - _•. +, .. ter'. ... .. t--� ..S- (//��,/®®' "•T+'+i, -�T.: _ ---Y _a;•-e'"6S�-2L`,r�*.� �,.�- .r. _ - - .A��Tj'�. '. - �,yi4�r _ q1 (`,q }a 7 - .�.- � li. J, �- t•.�� _ :.1�}.-- _ � _ �'9i MDs i `� _,—--� s...-.--.- ORDINANCE NO. 200 {9 i AN ORDINANCE of the Town of Yelm, Washington authorizing the acceptance of a grant in the sum of $63,750.00 from the State of Washington Economic Assistance Authority; authorizing the borrowing of the sum of $63,750.00 at an interest rate of five percent (5%) ' per annum from the State of Washington Economic Assistance Authority, authorizing the Mayor and Town Clerk to execute such documents as are reasonably necessary to effect the aforesaid loan; creating a special fund to provide for repayment of the aforesaid loan;. and establishing a schedule for repayment of said loan from revenue derived from operation of the Town water system. WHEREAS, the Town of Yelm has been offered a grant in the sum of $63,750.00 and a loan in the sum of $63,750.00 to bear interest at the rate of five percent (5%) per annum, both from the State of Washington Economic Assistance Authority for the purpose of providing funds to assist in payment of the costs associated with improvement of the Town of Yelm water system; and WHEREAS, it has been determined that the aforesaid loan can be repaid from revenues generated by operation of the Town water system and that it would be in the best interest of the Town to accept said grant and to obtain said loan, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN,OF YELM, THURSTON COUNTY, WASHINGTON, as follows: Section 1: The Town of Yelm does hereby accept the offer of the State of Washington Economic Assistance Authority to-grant to the Town the sum of $63,750.00 to aid in financing the costs associated with improvement of the Town. water system. . Section 2: The Town of Yelm hereby accepts the offer of the State of Washington Economic Assistance Authority to loan to the Town the sum of $63,750.00, the proceeds of which shall be used to aid in financing the costs associated with improvement of the Town water system_ The aforesaid loan shall be repaid, together with interest on the outstanding principal balances thereof remaining due'from time to time at the rate of five percent (5�) per annum over a period not exceeding twenty (20) years following the date of first disbursement of loan proceeds, exclusively from revenues derived from the operation of the Town of Yelm water system. The aforesaid loan shall not be construed as a general obligation of the Town of Yelm and shall be subordinate to other obligations now outstanding and to any additional` ;-....,,,a -- ra+.. +>^„r,,...;+t, ...t,;,,t, .t,t,. r.,,.a ..,,..,.. ,. 1 Section 3: Repayment of the contemplated loan identified in Section 2 hereof shall commence one (1) year from the date of first disbursement of the loan proceeds in accordance with the following schedule: Payment Year Interest Principal Total 1st 3187.50 1927.98 5115.48 2nd 3091. 10 2024.38 5115.48 3rd 2989.88 2125.60 5115.48 4th 2883.60 2231. 88 5115. 48 5th 2772.00 2343. 48 5115. 48 6th 2654.83 2460.65 5115.48 7th 2531.79 2583.69 5115. 48 a? ego 8th 2402.61 2712.87 5115.48 ►'F� 9th 2266.97 2848.51 5115.48 10th 2124.54 2990.94 5115. 48 11th 1974.99 3140.49 5115.48 12th 1817.97 3297.51 5115. 48 13th 1653.09 3462..39 5115.48 14th 1479.97 3635.51 5115.48 15th 1298.20 3817.28 5115.48 16th 1107.33 4008. 15 .. 5115.48 17th 906.92 4208.56 5115.48 18th 696.50 4418.98 5115.48 19th 475.55 4639.93 5115.48 20th 243.55 4871. 12 5114.67 The right to accelerate payment of the said loan without penalty shall be reserved to the Town. Section 4: The Mayor and Town Clerk of the Town of Yelm be, and they are hereby authorized and directed to execute, on behalf of the Town of Yelm, an Agreement between the Town of Yelm and the State of Washington Economic Assistance Authority, and such other documents as are reasonably necessary to evidence the loan obligation identified in Section 2 hereof and to obtain the grant identified in Section 1 hereof, the proceeds of which will be used to aid in financing the cost'of public facilities consisting of improvements to the Town of Yelm water system. Section 5: There is hereby created a special fund of the Town of Yelm to be known as the "Economic Assistance Authority Loan Redemption Fund". The Town hereby covenants that commencing in the month of June, 1976 and continuing during the term of the loan obligation identified in Section 2 hereof, without jeopardizing the payment of prior or parity obligations which presently,constitute a lien upon the revenues generated by operation of the Town water system, so much of the current revenue derived from the operation of the Town water system as -is necessary to pay the principal and interest on the loan obligation identified in Section 2 hereof prior to the dates upon which any such principal and interest shall become due and payable, shall be deposited in the said Economic Assistance Authority Loan Redemption. Fund and the said loan obligation shall be paid therefrom as the same becomes due, and no part of such fund shall be used for any other purpose. Section 6: This Ordinance is necessary for the preservation.' of the public health, safety and general welfare of the citizens of the Town of Yelm and shall take effect immediately upon its passage and publication. Q Lora W. .Coates, Mayor Attest: ! - Ro er Eide, Town Clerk Passed: May 12, 1976 Approved: May i2, 1976 Published: May a.o 1976 Wire Line Crossing Permit Y Nq-q'2 18 , 157 1 BURLINGTON NORTHERN RAILROAD COMPANY ( formerly BURLINGTON NORTHERN INC.),a Delaware corporation, hereinafter called "Railroad", whose post office address is 176 East Fifth Street, St.Paul, Minnesota 55101,hereby grants permission to TRIBUNE PUBLISHING CO . , a Washington corporation , doing business as CABLE TV PUGET SOUND , whose postoffice address is 2316 So. State Street , Suite E , Tacoma , Washington 98405 " hereinafter called "Permittee", to constfOdt;'606rate, maintaih, irispect;'u'se'and rem6Je'a wire line facility,`iricluding all necessary!poles,,wires; caoles and conduits together with necessary appurtenances thereto, hereir)after called''.'Wire Line', bon and•acr'ossithd railroad tracks, communication or signal wires and right of way of Railroad, either above or below the surface thereof, for the purpose of transmitting electric current for power or for communication,as hereinafter described: a TV cable over the right of way and tracks of Railroad ' s railway at Yelm , Thurston County , Washington to be located at survey station 1349 + 38 - Mile Post 25 + 3002 feet as shown colored red on the print hereto attached , marked Exhibit "A" dated April 24 , 1981 , and made a part hereof. This permission is given upon the following terms: 1. Permittee will pay in advance Three Hundred Fifty Dollars ( $350. 00) for the first ten 00) year period hereof and Two Hundred Fifty Dollars ( $250.00) for each subsequent ten(10)year period that this permit remains in effect and will also pay all taxes and assessments that may be levied or assessed against the Wire Line. Railroad reserves the right to change the amount of said charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for change in the amount to be charged hereunder shall in no way affect Railroad's right to terminate this permit pursuant to Paragraph 14 hereof. 2. Said Wire Line shall be used for the sole purpose of conducting electric currents at a potential not to exceed --———————— volts. 3. Said Wire Line shall be constructed and maintained in accordance with Railroad's requirements, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction. Application and plans shall be submitted by Permittee to Railroad and shall be approved by Railroad prior to construction or any reconstruction of the Wire Line. 5. If in the judgment of the Railroad's Division Superintendent,the construction, maintenance,or continued existence of Wire Line herein contemplated necessitates any change or alteration in the location or arrangement of any wires,structures or other facilities of Railroad or of third persons,the cost of such change or alteration will be paid by Permittee. 6. Railroad shall have the right for reasons of safety to require that repairs be made to said Wire Line and upon written request from Railroad Permittee shall promptly make such repairs at Permittee's expense. If at any time it becomes necessary in the judgment of Railroad for reasons of safety or otherwise, to require change in the location, elevation, or method of construction of said Wire Line, such changes will be made by Permittee at Permittee's expense within thirty (30) days after being requested-to do so. 7. After the completion of construction of said Wire Line or any repairs thereto, or removal thereof, Permittee shall remove from the premises of Railroad, to the satisfaction of the Railroad's Division Superintendent, all false work and equipment used in the installation,repair, or removal work. 8. Permittee shall, upon the giving of 48 hours'notice to the Railroad's pivision Superintendent, have the right to enter the premises of Railroad for the purpose of maintaining, repairing or removing said Wire Line, and, in the exercise of this right, shall not unduly interfere with the rights:of Railroad or others on the premises.'InAhe case of bonafide emergency,the 48 hours' notice may be waived; however, if emergency work is necessary Permittee shall make every effort to notify Railroad that such work is to be done. Permittee shall, at its'own expense;restore aby facilities on said'premises which are in any manner disturbed by such maintenance, repairs or removal. 9. This permission is granted subject to permits, leases, and licenses, if any, heretofore granted by Railroad affecting the premises upon which said Wire Line is located. 10. If the operation or maintenance of said Wire Line shall at any time cause interference,including but not limited to physical interference, from electromagnetic induction, electrostatic induction, or from stray or other currents, with the facilities of Railroad or of any lessee or licensee of Railroad, or in any manner interfere with the operation, maintenance or use by Railroad of its right of way, tracks, structures, pole lines, signal and communication lines, radio or other equipment, devices, or other property or appurtenances thereto, Permittee agrees immediately to make such changes in said Wire Line and furnish such protective devices to Railroad and its lessees or licensees as shall be necessary in the judgment of Railroad's representatives to eliminate such interference. The cost of such protective devices and their installation shall be borne solely by the Permittee. If any of the interference covered by this paragraph shall be, in the judgment of Railroad, of such importance to the safety of Railroad's operations as to require it, Permittee, upon notice from Railroad, shall either, at the Railroad's election, cease using said Wire Line for any purpose whatsoever and remove the same,or reduce the voltage or load on said Wire Line, or take such other interim protective measures as Railroad may deem advisable until the protective devices required by this paragraph have been installed, put in operation, tested, and found to be satisfactory to correct the interference. 11. Permittee agrees that the said Wire Line and the use of same for conducting electric current shall not damage the railroad or structures of Railroad, or the property of The Western Union Telegraph Company,or any other property upon the premises:of Railroad; oe beia menace to the safety of Railroad's operations or any other operations conducted on said premises. Permittee does.•,hereby release, indemnify, and save harmless,Railro'ad and The Western:Union'Telegraph Company, their-successors and assigns, from and against all-loss,damages;claims,demands, actidns,rcauses bf action,•costs and expenses of every i character.which .may result from any injury to or death,of any p,rson•whomsoev.er,;including but not'limited to employees-and agents of the-parties hereto,for 'from loss of or damage to,'-property.of;any kind•or nature,to wbo.msoever belonging, including but not limited to property owned by, leased to, or in the care, custody, and control of the parties hereto and said Telegraph Company, when such injury, death, loss,or damage is caused or contributed to by,or arises from, the construction, installation, maintenance, condition, use, operation, removal, or existence of said Wire Line upon Railroad premises. Notwithstanding the foregoing , nothing herein contained is to be construed as an indemnification against the sole negligence of Railroad , its officers , employees or agents . 12. It is understood by the parties that said Wire Line will be in danger of damage or destruction by fire or other causes incident to the operation, maintenance, or improvement of the railway, and Permittee accepts this permit subject to such dangers: It is therefore awreed. as one of the material considerations of this hermit'. without'which the same would not be 14. Either party hereto shall have the right to terminate this permit, and the same shall terminate,at the expiration of ninety (90) days after the giving of written notice by one party'to the other of intention to terminate same.Any such notice shall be good if deposited in the United States mails addressed to the party being notified at such party's post office address above stated. Upon termination Permittee shall promptly remove the Wire Line from Railroad's premises and if Permittee shall fail to remove same'or any other material or property owned by it within the time prescribed in a notice of termination, Railroad may appropriate such property to its own use without compensation, or may remove the same at the expense of Permittee. 15. This permit shall be binding upon, and inure to the benefit of the parties, their successors and assigns; provided, however,that Permittee shall not assign this permit or any interest therein without Railroad's written consent. 16. Permittee shall notify Railroad's Division Superintendent a minimum of 48 hours prior to its entry on Railroad's right of way. 17. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment. 18. Permittee shall construct and maintain its said TV cable as herein provided , placing the cable thereof so that it shall at no point be less than thirty feet (30 ' ) above the top of rails in the track or tracks of Railroad' s railway as the same is now or hereafter may be constructed. IN WITNESS WHEREOF,the parties hereto have executed these presents this 1 s t day of J U 1 y , 19 81 BURLINGTON NORTHERN RAILROAD COMPANY General Manager Leases Witnesses to Signature of Permittee: TRIBUNE PUBLISHING CO. - Title — a01M9 bUS141eSS as CABLE TV PUGET SOUND s + i� l� i� ,I P �.i �i LU 09 w � p • s�*cb 1 , , •• , :tom. •.�: - ;i , }�• , ,;.r -r fit/' /�r � �L I _.a'".1 ..7, i f Y�•} .. ;. �— .� .l•. 'k , �r r.N• :'.,t"'`fust = 1/ 1 ,, < : rIs Oq •t. I //ate 09. 1 � jitJ •d.� N ,� .N M y L L //�1'�I /.f `"`EPEE i• ti, C' JL .09 fit z+, •eAlf ` • � r / 4WW` -'T y 44 1 Are BURLINGTON NORTHERN RAILROAD ASSIGNMENT OF VARIOUS PERMITS AGREEMENT between BURLINGTON NORTHERN RAILROAD COMPANY (formerly BURLINGTON NORTHERN INC.), a Delaware corporation, hereinafter called "Burlington" and: -Cable T.V. Puget Sound, Inc. 1950 South State St. P.O.Box 11000 Tacoma,WA. 98411 hereinafter called "Assignor" and Viacom Cablevision, Inc. 2316 South State St. Tacoma,WA. 98405 hereinafter called "Assignee": Assignor and Assignee desire that the Assignor's interest in all existing Agreements listed on Exhibit "A" attached hereto and made apart hereof be assigned to Assignee and that Burlington consent thereto. NOW THEREFORE, the parties hereto, in consideration of their mutually dependent promises, hereby agree as follows: 1. For a valuable consideration,the receipt of which by Assignor is acknowledged, Assignor sells, assigns,transfers and sets over to Assignee all of Assignor's interest in and under said Agreements as the same may have heretofore been amended or modified by any supplemental Agreement. 2. Assignee assumes and shall perform and be bound by all the terms, conditions and provisions of said Agreements as the same may have heretofore been amended or modified by any supplemental Agreement, and Assignee shall use said premises for the purposes specified in said Agreements. 3. Burlington consents to the Assignment from Assignor to Assignee provided that such consent shall not be construed as consentto any further Assignment of said Agreements. 4. This Assignment shall be effective as of August 15, 1983 . (Date of Sale) 5. Priet to completetiom e+this im5burment a pieee5simg fee of FIFTY EX)ELARS (S50.00) shtill ln� paid te BuIlingtort for each Agreernent5hown em the attached .t Form 16011-E 2 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate this 15th day of November, 1994 BURLINGTON NORTHERN RAILROAD COMPANY Assistant Vice President, Finance &Administration CableT.V. Puget Sound, Inc. (Assignor) By (Witness) Title (Witness) Viacom Cablevision, Inc. (Assignee) By (Witness) Title (Witness) . Form 16011-E OWN MA "CONTrUiCfl' d d T of ' Jun�9 W'#aen tho NOM FLU,RN PACIVIC RAILWAI' 0.Q%PAUY., hoxoainf tex Donee uRailwAy C`io1 pftn4y11� and the CITY OF 0E14T RAL!A` 1ex6,�.n of tfj x:,called 00ityn . WV47 Th€. City d+eta�:x'aa to conutruct a. n"nont" I1Z�Al, lA$.�146 y:d'. �. JE0 Orcaaain • Undor`'the tica aka of "„lie 1Ailway 'aompo: ny..at�r oP.. r the i��si�.•�� Line c2 said �dai#�aiy-0fi.;-the' 66m&:, �?l3 Diw�.caion `i ,: th#, southeas 4 quarda: „ of tho' Sou `qi rtax �7.:.1(J C 1'r Q.Ir .! ' •� 01' sooti.on £4Q•'�'�+nteo'n (Wo to"W .ahi.p,.:,Saton e6 c x f'rkc; nOTth razage 'tet® east �U�M� Thtu'stan ® y' , ashingtq% f off, use , in oonne.ation with its power pro feat" Tho '.R4Va ampany oonsents` tothe oonstruotion, mmin.t aaa,nis and us� t► ' said' 6iphon undaaaxassirag on the following tarrrtY ;. ., {-. . .©;Toheapreq... 6 attao�ho4 1 ereto a blueptin' id6ntifi0d y 4! • th� � siggat�p.xes. J. �h .i!E'� �-•P CS V*� FiI,.T`(D� ag whio `l 1i6 F.+/ ?aodtbn- of `ths pxtzpoaad, grossing and go�i : r a . YY off' the . i hen' p •. undo Toro aain to ether with portion of 'the" rs�fi�.d .,, �f'txi�aCla �e � p p 3r' i, power,oans16 ,Tlho Citq has submitted 'plansp being draWI Nca. 2D-9, .dared ray 25q 1°9P.J9 for pe3�manont oonati°uatlon, Of`*€ id . siphon underorossing, consisting of double 8x12' xs�ini�c�x�ed. aonarato box with aide walls, ae outlined ori said'. i��s��:qquyynyyd�y�yya��rgqst�aQd`"thagtty'"be]fore said plank ary��y iry�� 0ly 'aayt��pr��i� .. Gppsme must e � 'pd:m/ ed y the Chie Engiiz'4�'FT.is : o the,)J, �i.yIGV� pamt _'and. it :�s- agraod "thr�,t s�iid plana wild, be'; ohang d ' ae bo, squirod`by .na W Chief` Eziginv9rq is ;'ax��ed ghat the lltxay Companyt ,at the raquast o f' :the City�p''she 1 .csonstruot the neaeseary faloo w®rk to'-pak. mit of tha exoavation for construotion of said aiphon Lmderaxoa ing. f Said false ilr6tk will oonsist of a 2ror �apari pi10 bridg�� ms, r be' dotamined the en sneer o� �;he3,lwa3r`�ampany.,.2`h rao� to' bear o snan r�orgxriac�ti ori thero�ith� ' nald,in z ar�y" dtm"�D�jt� • t 8� �y sLls$L��i1�d by the Railway Company' CTS,` (8r rt on atacs�aunt of pe sor�a,�.; in to its employee or`10 thi`rd'� oxang - ne�ey person honsoaysd s`w�ll=� a� �,raount` or sum paid °for and on account ®f clatm%90 `0� iYi�ur t0 the ty f any, and svor .p�roon whomsoever qq 4 .5n 3 15 ti ,, v" n, ; 4 x: r1C •'vie a,, During'. the period of construotions it will. be necessary . fart this Milway Compenyr to ba.ve f.J.kgmen or watohmen. topie®teat. the Pailway. Comp€.any�s property and. tho operation _of. its txa.ineo it is agreed -that the O.ity will rei mburao the Railway' Com axy_.' dor the costand expense ,to it e said wato nen :ox .a mangy r, XV. It. is agreed that the City shall provide. and maintain a: f'enae on S aoh side of said oanal where the same-AQWAsses`=tfis ri' ht of way Of the - ilway, Company, If the City. .�ha�.�, ®mt to da `t�oa'`tha "Railway Company shall .have' ih�3` ri.ght; ot1uot said •fonpea 'and the City shall. p;ompt'ly reimburao °the ar tY�.•7 1.11LA.V ['!nmva,nv-`:fni+ ..the ex' nnnd t nareopn Lor T€'�?tt u�i�uc�o �i� €fan otiT �n0IM-T� .��oT!" �xvdgoa' xa VmT �txot�ac�d'Zettk 1.;.Rm o) :Aq,eaetd4 .l�"IpOX2 ��q�' C; og4,6 i,:0 Aug so gve,%4 ° seg 04 4itf2€x . au4 : GA1eg 4ou €€uus •� € y� xsuit 6�t JC€� � ,!a$ Aiivdvxory Aammtrinu 0114 x a ®x�i T4, 0.to4oar_ 1?rMx'-r. eBUT.0ep€VF CAOMoM osu©dxra udza 64T AM, "TTTA Sq-TO 4 8TigUI a .puv 8u€snozaxopun uotId€a pTrc OF.PTLPTAW..tz �s'rt?€aM►. o P 0-TS9 OT 41 ZIZA Ute tuo AWATTM vt(4. ;O. ,%00uT btiq X0€i{0 ' Ott 01 ;MWOMVeo . 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I, t I lalt7 /gw *��i�'`r'.•cjrxit �w ��ia/��'ny uv\ ' �'`,� w I ta ' 4 � �� .. .' ` � ��\f•�. '• ..s � ,. `,.®y ..t,;; -.� �1f. -Irk �L�•11 �ikll'f. I� • 0.} ' � . • .. . __ �� `. , !: � � .. � .I� SIF` "f �I '� I II).�. , -'THIS AGREVEMENT, Made and entered into this day of 1904, by and between the NORTHERN PACIFIC RAILWAY COMPANY, a corporation, party of the fir p t,and Nelson iUi'r.&y, 6f ROYI PIeirOe CeunV, fparty of the second part, WITNESSETH: The said party of the first part,for and in consideration of the sum of Dollar , to it paid by the said party of the second part,the receipt whereof is hereby acknowledged, does hereby license and permit the said part y of the second part to excavate for, lay down and maintain a tp rec.t f ouxt 1s (3/4) inch f water pipe 11ne o for the purpose of conveying 1r'fLtOr FA.1011TIa arld across the right of way of the party of the first part,at Q dV Station; i i�t"Rroo County,State of ;s�w3h�,ngton as shown colored red and marked"A"on the plat hereto attached,which plat is hereby made a part of this agreement. Said Veit tF.4r pipe shall be laid VIM() (3) foot below the surface and shall be so constructed as not to interfere with any tracks now or hereafter maintained by the Railway Company,and the necessary excavation for the same shall be filled up after said r"dE' t E91" TAPO has been laid,so as to leave the surface of the ground where it crosses said right of way, in the same condition as it was before said excavation was made. And the said part y of the second part hereby agrees to excavate for,lay down and maintain said 30'I31rey� P)11)0 and keep it in good repair at Ilia own expense,and do the work necessary therefor at all times under the direction of the Superintendent of the said party of the first part or someone designated by him,on due notice to such Superintendent of any work that is proposed to be done by said part y of the second part,either in the construction or maintenance of said 'a0'£te r p ij)* , and to put in all timbers necessary to support the.tracks while work is being done. All said work to be done in such a manner as not to interfere with the operation of said railway or the maintenance of the same in the usual and ordinary manner either while the work is being done or thereafter. If the construction_or existence of said ri+1ca tar'p ij)o shall at any time cause any sinking of the tracks or structures of the Railway Company, the part Y of the second part shall restore the same at 1AS own expense,or in default thereof the Railway Company may do so and the part Y of the second part will reimburse the Railway Company for the expense thereof. And the said part Y of the second part further agrees that in the event of any change in the grade or location of said first party's railway or the laying of such additional tracks as it may deem necessary for the carrying on of its business,upon its right of way at the point where said wat,a r 1)1p ocrosses the same,will at 11113 own expense make all necessary changes in said P iP f) l in O And it is further agreed that the said party of the first part may,at any time when it deems proper,terminate this license and permission by giving the said part y of the second part,or his assigns thirty days written notice thereof,and the said part Y of the second part,upon receipt of such notice, hereby agrees to remove said V443r"1+ PIPO within the time named in such notice, doing no unnecessary damage to the grade or track,and in case of Ild a failure so to do,the said party of the first part shall have the right to remove the same without any..ftirther_notice to the said part V of the second part,and to collect the cost of such removal from the part Y of the second part. .b S • c C, . o O h A c m — h ---•----leo---- `- -- 1 N d 3 1R V �f s Pacific Northwest Bell Telephone Company January. 3, 1974 416 Occidental Avenue So. Seattle, Washington 98104 ATTENTION: Mr. P. Davis Dear Mr. Davis: Your letter dated December 28, 1973, informing Burlington Northern Inc. that you have placed an additional telephone line wire crossing at MP 12+548 ft. near Roy, Washington, was forwarded to this office for handling and reference was made to Contract No, 27737.C.fr. 10611-660. Our records show Contract No. 27737, C. F. 10611-660 as being at MP 21+548 ft. If your reference to MP 12+548 ft. is correct, please. complete Burlington Northern Inc. Form 16003 and return to this office together with a print showing the area involved. Yours very truly, T. W. Mackenroth Superintendent BR-ahj File: 27737-660 T-113 Pacific Northwest Bell December 28, 1973 Burlington Northern Industrial & Economic Development Department King Street Station Seattle, Washington 98104 Gentlemen: We have recently placed an additional aerial telephone line crossing at Mile Post 12 plus 548 feet near Roy, Washington. Please up-date General Crossing Contract 27737, C.F. 10611-660 ( our Ref. No. 16234 ) to show this second C Rural wire. Yours very truly, fe- De" P. E. Davis Right-of-Way Supervisor 416 Occidental Avenue South Seattle, Washington 98104 PED:sw APPLICATION FOR POLE AND WIRE OCCUPANCY �BURUNGTON NORTHERN 73-6999 STATION OR TOWN AND STATE NAME AND ADDRESS OF APPLICANT DATE Roy, Washington Pacific Northwest Bell Telephone Company 1-25-74 MP AND PLUS 416 Occidental Avenue South, M.P. 21 plus 5+8' Seattle, Washington 98104 ❑ CORPORATION—In what state incorporated ❑ INDIVIDUAL—Under what firm name is business conducted Cl PARTNER SHIP—Give names of all partners UNDERGROUND CROSSING DATA - NO.OF CABLES I TYPE DEPTH BELOW TIE VOLTAGETYPE OF PROTECTION AND SIZE OVERHEAD POWER CROSSING DATA NO.OF CIRCUITS VOLTAGE LOAD CURRENT FREQ INITIAL: WIRE CLEARANCE OVER RAILS VOLTAGE LOAD CURRENT FREQ ANTICIPATED FUTURE: NO. MATERIAL SIZE CONDUCTORS: STRINGING SAG: INCHES TEMPERATURE INCHES TEMPERATURE FINAL UNLOADED SAG: OVERHEAD COMMUNICATION LINE AND CABLE CROSSING DATA CLEARANCE-OVER RAILS NO.OF WIRES SIZE MATERIAL WIRES: 30 one pair .28't Copper/Steel STRINGING INCHESgte TEMPERlOTURE TYPE MATERIAL SAG: 72 INSULATORS: H MATERIAL NO.OF PAIRS GAUGE OUTSIDE DIAMETER WEIGHT LB/FT. CABLE: SHEAT SIZE MATERIAL CABLE SUSPENSION STRAND: HOW IS CABLE ATTACHED IF BY RINGS,SPACING, INCHES APPLICANT BY TITLE DATE Pacific Northwest Bell Right-of-Way Supervisor 1-25-74 REVIEWER'S REMARKS: Thu for L adMIM to preaft past 27W (HP) DIVISION SUPERINTENDENT �I(i /+� ! ;j ` ASSISTANT DIRECTOR—COMMUNICATIONS T. W. MACKENROTH REGIONAL MANAGER —ENGINEERING DIRECTOR SIGNAL ENGINEERING ASSISTANT VICE PRESIDENT—OPERATIONS ASSISTANT VICE PRESIDENT—ENGINEERING REQUIRED DATA FOR WIRE AND CABLE CROSSING (Special Plans Required for Longitudinal Occupancy) COMMUNICATION OR POWER LINES IF ANY ,CttOF OUTSIDE TRACK TO THE LEFT J rt OF OUTSIDE TRACK TO THE RIGHT RIGHT OF WAY LINES -f— INDICATE TRUE NORTH WITH �J I ARROW / CIRCUIT NO. 1 CIRCUIT NO.2 LOWEST POWER LINE I 2 3 COMMUNICATION LINE,IF ANY 4 5 6 STANDARD HEAD AND SIDE GUYS ELEVATION FOR OVERHEAD CROSSING PROTECTIVE TIMBER IF USED CABLE ELEVATION FOR UNDERGROUND CROSSING POLE TOP CONSTRUCTION DATA SIZE OF ARMS MATERIAL SIZE AND TYPE OF BRACES PIN SPACING SIZE,TYPE AND MATERIAL OF PINS TYPE OF ARM SEPARATOR MATERIAL SIZE GROUNDING CONNECTION: MATERIAL SIZE AERIAL GROUND WIRE: LENGTH CIRCUM.-INCHES A.S.A. DEPTH OF NUMBER OF GUYS POLES (in feet) CLASS SETTING GROUND TOP TOWARD RING FROM XING SIZE NO. 1 NO.2 NO.3 NO.4 NO. 5 NO.6 TREATMENT OF POLES SPECIES OF TIMBER SIZE OF GUY WIRE MATERIAL OF GUY WIRE TYPE OF GUY ANCHORAGE FORM 16003 BJO Printed n U S A9 y"��5x�r�c,.'a� m_rr=T<Grt,' - n. J. E. coving - - - - Mr. R. G. T3rohaugh A � - 'Ir. G. F. Hill P,,r. Richard D. Larson Mr. A. F. Greene November 19, 31965 File L-27737a-660 Pacific Northwest Bell Telephone Co. 12031 East anion Street Seattle, Washington 98122 Gentlemen: Your application to Install an aerial telephone line crossing at Mile Post 21 plus 548 feet on our Prairie Line near Washingt�ons has been reoe ed. This installation is to made on poles owned by Paget Sound Power & Light Company as covered by its Permit No, 96020, The application has been approved and you may proceed with the understanding that all work upon the Railway Company's right of way will bo done at your expenses including flag protection, under the supervision and to the satisfaction of oar Division Super int endent, Mr. I. W. Brewer, at Tacoma,, at a. time designated by him. This crossing has been made a part of your General Crossing Contract No, 27737, G- F. 1061.1-660. You will be billed at the rate of $20.00 for each five-year period that the permit remains In effeet, commencing November, 1, 1965. The first billing will also Include an additional one—time charge of $25.00 to help cover our costs of processing the applica- tion, pplica-ticon. Very truly yours, ROBERT A, JUBA J` Nana ger4 Industrial Development '�`'ss �,`�`" §�'"Tr� �s�s�� 'T.`^x _. r,, - _ � Ae -. s Atn•.."x'�"�.�.' �"-'L-��..R-_-a w'`T"9 � ,t�'�^zg$fi� '�3;�u...� .. i �a. �•� � ,a � � -' ..,�,�3y..,..;.s. e:rtr -s,=*eec.+ ..R.° wa�Fy "a„ ,,,eta, .>r- ,s,� e�u,:z�^ tsx� -. _ :;� �,• 3i��i-:��'�'rs��=a�."'°��5 "x� �.c_..'�-� '�ar7•os'^�c" s�-+:-��;`'..a' _ .., � ""�"`xa. ..�� T R,W`. 113 ; N.P. 12-59 APPLICATION FOR LEASE p� Fill in all items. � .................... �®m'•..................... ................... Station Tacoma p� ..... ..............•1iaV®i66a• . ..Division .Oat sr• • 19 ' 1. To whom is lease to be issued? Psaifi.Q Norhw ,120 East Union St ...... .�e.... �1..........P.O.Address .o Talanhon� o Seat ti 00..Va.e.�......9$iz ' 2. If applicant is a corporation, in what state is it incorporate ? .�............... . ...................................................... If an individual, give his name. ................................................ i If partnership, give names of all partners .............................................. ............................................................................................................. .. 3. Business of applicant ...................... ......telephone... } Q orm>n3 o a ti-one.................... 4. Indefinite term lease will be issued unless otherwise specified ..................... 5. Purpose for which property is to be used .....................QTS Z?hE3$3d...faa1e plioia®... .g,no.......................... ........................................ ......................................... ............................................................... . . .................................... 6. Character and dimensions of structure to be erected ........................... .................................................................. ................Estimated Cost ............................ .................. 7. Description of property desired (State at or near what station and show compass directions instead of time card directions) ............... ��raea.cl...��,�,�k�An�e....�eire...on...,Pu�.t-•��o�d•�-Fa>�er.:�... at MP 27. 5 8...® ..t.1��...1� �... �a�s arra....._.................................... 'L"&ht...-G".--y01-Gff...I-Pamit"'9 02o) ............................................................................................ ........................................................................................................................... ........................._.................................................................................................... (If description of land desired cannot be given with accuracy by reference to station plat or track profile, a sketch should be made by �( Agent or Roadmaster with sufficient measurements to identify location and attached hereto, so that accurate'description can be made h' for lease.) 5 i 8. Traffic considerations ....................................... .............................................................................................................................................. 9. If application is for an electric line, give maximum voltage to be carried ............ ...............................Number of wires ................................ 10. Is it necessary to rearrange the Railway Company's pole line or any other electric'line? NoX......Yes ........... If so, indicate ownership and changes necessary .. .................... .................. ............................................................................................................................ 11. Recommendation of oribinator of application. Underscore one - Pipe to be jacked, tunnelled, open trench, other. Furnish Information - Pipe Line Pressure ................... E-Gym'^Xx'r --�i.^-. 2 ,.`Y$'-sry he '-rS: - P-11. 1CO TO BE PLS,; S PREPARED SY APPL!C_' .. FVn C S - CROSS ING OVER PROPERTY OF THE ....,7:l.= .. 3 ._....`: C0:.. To be o NAME OF APPLICANT P"r', T—C \ lir lJ�•-�$ 3C 11ie,Evr;-...0 V _ �\- C. ADDRESS OF -APPLICANT 1201 _'.mss- U.^._C`_ t, I e 0- c Tarn un cTar^un is icn or pix r tire. ii C::L• of ci�1� 7 � ' �~ !_/ � ;� ac;._�...y_2.~. ,ail::• -;c;�t. �, - _ �il r{1Gdfe irUe f•iv::.r ic�l�: / (�;1 J_s _ce d it ec t io: f:G.. _. .\.... !I_, I station, give name Couat, Pierce stat :shy.Lt or. IIS I CROSS Ii G SP AH i ��SifIG':71'•` ia3a ' :nr!ids ",.'S� ELECTRIC SUPPLY LINES to ._ �? NO. 0 CI.'.WITS r I ©OLTAGS ryC or DC _ raq. 3 VIRES - No. of XXXIX Si- v8ta Arms Requlrad Aiaterial =-' On Poks 2 '3 i i Hard or u.2di a:r. Hard d Solid or Strsnd�d 4 X (T Stringing Sag - inches Final Dnlo:ded Sag - inches Temp.OF CLAMP or TIE Type �ft4 LINE INSULATOR - Type POLE TOP 1v;=STRUCTIO9 SHOWS AS ADOVE - DATA PEQUI!�ED - material Size of arms Material Size & t C0-!?i'UNICATION LINES rAND—CAB3�S ype of braces IIIRES - No. of size 1 C Rural Pin Spacing_ Material neopreme sheath Size, type do mzte!rial of pins Stringing Sag - inches —Temp.°? Type of Arm Separator INSULATORS - Type rat,1 Grounding Connection Faterial Size CABLE - No. of pairs Gauge Aerial ground Wire Material Size Outside Dia. in.<;_. LB./ft. Poles Lnggth Circus-Inehcs A.S.A. Depth of Ya;S>ar of 111-•-3 Sn lft. Ground I Top Class Bettina FDWCL?d'fin 7nz F.ir^:) '1de Sheath Material. Yo.t Suspension Strand, Size-Kat' I tlo.2 How is cable attached Ho.4 1� If by rings S acing Inches Treatment of poles RPPL;Cs3i3T Pnr i fl.c Nort.rUlPst $elpt Tel en _nn L n�'. rti-- Species of timber BY— P. E. Davis Siso of ;!uy vire Material TITLE Ener. Staff Sllpy. Typo oY 2uy anchorage :PPROVED DATE 10-7- 65-8747 - Roy Superintendent of Coa=unicatious SEE REVERSE SIDE N.P. 2-65 �iii'�• il; �'tlASS'fdD� OCA1_.e-lz IC-6-1 10 r . EC S4 N - - �- - < 23 U7.T . -_ A F5 .. -- ARS OY - M'� KEWNA HW Y 2oNE. 13 A4S Sc 2p PL. 11g� Pte-',: NOTE 1 l � 1 , ::ALL BURL I Ni;TCGN NORTHERN RAILROAD COMPANY 48HRS I X I IN ADVkN CE OF PLACING CRW. MR. STILLMAN-BR 2-4714 TACOMA tr I I I 2. MAINTAIN 30' CLEARANCE OVER TRACKS O + , I ?. NO ANCHORS REQUIRED c-2Z_a I N V + d J PbIn1T l3 SAS' R/ NOTES i 1 . RENlY TWO POLES X 1-;0 FROM PUGET POKIER 2. UP-DATE RAILROAD CROSSING PERA I T WITH BURLINGTON . f -�—�-�- NORTHERN TO SHOW SECOND CRW. PER,'-!IT #'27737 BILL t�128389 DECEMBER 1965 REF #16234 -I�� r �� 1 �. x �A ,7 X q � J I CDM PTDN / X 5 Z 843-2257 3Ts' 1_ X �� - 200• I 4410' Lllutc CYT cV\i-\ -GkCwtf . P !1 DusE �- � r�,o to �a/omo�• �—'"ELECTRIC-LINE CROSSING PERMIT Permanent P9o. 38623( 2-31 12-31-20 W ` NORTHERN PACIFIC RAILAY GOPAPANY, hereinafter called the Railway Company, hereby grants to G. A. Very, of Roy,, Wash ngton, hereinafter called the second party; the right to construct, maintain and operate an electric current line with the necessary poles,crossarms, wires, conduits and other fixtures appurtenant thereto across the right of way of the Railway Company along the course described as follows; Intersecting the center line of the. main tracts of the Railway Company's Prairie Line as now constructed in Section 34, Township 18 North, Range 2 Ea,et , Pierce County, Washington, at Roy station, at a. point therein distant 600 feet , more or less southerly, . measured along said centeg line, from the north line of said section. This permission is granted upon the following terms: 1. The second party will pay all taxes and assessments that may be levied or assessed against the improvements. 2. The electric wires and appurtenances shall be constructed and maintained in accordance with specifications contained in Exhibit "A" hereto attached and made a part'of this instrument. 3._.All cost of,construction and maintenance shall be paid by the second party;the Superintendent of Telegraph of the Railway.Com- 1 pany will decide what portion,if any, of the work will be done by the Railway Company, and for such portion the second party will',pay the Railway Company the estimated cost before the work is done; if the actual cost exceeds the estimate; the second party will pay the additional amount when called upon; if the actual cost is less than the estimate, the Railway Company will repay the surplus. 4. Should the construction or maintenance of the electric line herein contemplated necessitate any change or alteration in the lo- I cation or arrangement of an other electric wires or appurtenances located upon the right of way of the,Railway Company, the cost of such change or alteration will be paid by the second party. 5. Tile.Railway Company shall have the right at any time.to judge of the necessity-of-repairs'in the crossing wires or appurte- nances and may make written request upon the second party to make such repairs as the Railway Company may deem necessary. If at any time it becomes necessary m the judgment of the Railway Company for reasons of safety or otherwise,-to change,the location, elevation:or method of.construction of the crossing wires and appurtenances, such changes will be made promptly by:the second__`_-ty upon request of the Railway Company within thirty days,after such request and in such manner as the Railway Company,shall A 6 The crossing wires shall be used for the sole purpose of conveying electric currents at a potential not to exceed IL 10 volt3 7. This permit shall not be transferred or assigned ly the second party'without-the written consent of the Railway Company 8. The second party agrees that the wires and apppurtenances and.the use of the same for conducting electric current shallnat damage at any time the railroad or structures of the.Rsilway Company, or the pm of the Western Union Telegraph Company, or any other property upon the right of way, or be a menace to the safety of the Railw. Company's operations or any other operations conducted on the right of way. The second party will indemnify and save harmless the Railway Company, the Western Union Telegraph R any, and every other owner of any property upon said right of way, from all loss or damage to property, from all loss or damage interfering withoperation, and from injuries to persons occasioned by the wires and appurtenances or the electric current conduct-ereon. 9.V AN, the completion of.the crossing wires and appurtenances or any subsequent repairs-thereof the,second party,shall remove` from the right of Way of the Railway Company, to the satisfaction'of the Superintendent of Telegraph of the Railway Company, "all false work and the lie used-in she installation or repair work. ' 10. If the second party at any time shall cease to maintain and operate the said line or shallfail`faithfully W' o perform every agree- ment of this instrument, the Railway Company may forthwith terminate this permit and may,forthwith expel the;second_party from its premises,-and at the end of-the permit the second party will restore the premises of"the way Company"-to'their former state. A.- Yt is understood;by the parties that said pole line will be in danger of injury or destruction by Are or other causes incident to the operation of a railway,and th second party accepts this lease subject to such dangers. It is therefore agreed,as'one of-the material considerations of this lease, with se the"same would not be.granted, that the second party assumes f.all risk of loss; damage or destruction to said pole line wi ut`1 regard to whether such loss be occasioned by fire or sparks from locomotive engine=or.;other causes-incident to or arising from the movement of locomotives, trains or cars of any kind; misplaced switches, or in any respect from the operation of a railway, or to whether such loss or damage be the result of negligence or misconduct of any person in the employ or servo a.of the Railway Company, or of defecfivb appliances,engines or machinery,and the second party:shall save,and hold harmless the Railway Company from,all such damage, olamis and loges l2 n addition to corlp]j►ing with the attached specifications., . the , ir43e hereby permitted s2a11- be -.c®ne,-trusted, so ae ;;=t� ao>�31y vi,th .the laws ®f the stat® of �Iashington -hovering el®ctrfo l oonetruct ° . A f H LL 7"crcorrno foalClm4 J ES 4 LEASE AgSIGNMEN-r No. Form R. W. 11. soo 3-10-25 W ' 662 In consideration of the sum of one dollar to the undersigned in hand paid by Puget Sound Power and Light Company of Seattle, ?'dashington, assignee, the undersigned hereby assigns to the assignee his right and interest in and under that certain;,lease dated May 5th- , 1920, issued by the NORTHERN PACIFIC RAILWAY COMPANY to Avery. : covering certain premises described in said lease situated in Pierce County , state of ftshington and the assignee assumes and is bound by said lease for its unexpired term. IN WITNESS WHEREOF the parties have executed this instrument this 6th day of August 19 26. WITNESSES: ••J ----•----- ------------------------------ . • ... ............. ........... c ------.. --------------------------- r; . - Assignor o PUGET SOUND POWEII & LIGHT 0014PANY, -------- ------------- Q .............. ................ --•-•--------------------1-----...-----•-•••----•--•............... ............... t s Pi e 0 nt j, Assignee The above assignment is consented to this..-:.....Z�... .....................day o ....... ._......._._....__..-..-....--.....192— NORTHERN 9`NORTHERN PACIFIC RAILWAY COMPANY, By........ _ - ----....- Right of Way Commissioner. Form RW 61 12-14-20 .1141 RP Northern Pacific Railway Company EXHIBIT "A." SPECIFICATIONS FOR OVERHEAD CROSSING OF ELECTRIC WIRES CARRYING LESS THAN 5,000 VOLTS. These specifications cover the construction and maintenance of overhead electric wires crossing over or parallel to railway right of way, tracks or lines of wires, where the voltage on the wires is less than 5,000 volts and the wires are used for transmission of electric power, lights or similar purposes. GENERAL PLAN OF CONSTRUCTION The general plan of construction of the electric line crossing shall be as indicated below. E1eVGA0n °f CrOSSh Nat /o be lest Ihon H-6,5.&5.0.copper .Nof/CJJ Man 7' F 14 Te/eyroph h 1/// 1111111117 Gine 2 Not over 75' Not over /50' 1- L nol lets Ihon YJ H Plan el 2055h-M7 � r I r To be not less /h on l60° nor more. /hon 120I° r - Circumference at lop ofpoles to be not I Tensl/e slrengYh ofguys to be less Kron 22°kr£o51ern end Whir Neslern odor i not less /hon 6000 lbs. Rlght d Wor,/ine 1rRight of Woy line C-t 3 :4--� 1. Location of Poles. (a) The poles supporting the crossing span shall be placed outside of the Railway Company's right of way where practicable, but in no case shall the distance between the poles be over one hundred and fifty (150) feet, unless specially authorized by the Superintendent of Telegraph of the Railway Company. When wood poles arp used, the span immediately adjacent to the poles of the crossing span of the tracks or pole lines on the railroad right of way shall not be over seventy-five (75) feet. (b) The poles supporting the crossing span and the adjoining spans on each side shall be in straight line and shall cross the railroad right of way as near at right angles as practicable. In no case shall the angle between the electric line and the Railway Company's tracks or pole line be less than sixty (60) degrees unless specially authorized by the Sun6rintendent of'T6.levranh of the R.ailwav Cornnnnv. r 'to each span next adjacent to the-portion above the telegraph line, unless the distanoe"from'the.nearest telegraph wire to the topmost.wire on.-the-electric line poles at the end of the over-built section is greater than-one and one- half (1%) times the height of the topmost electric line wire from the ground. 2. Posiiion and Clearance of Wires. (a) The electric wires shall crossover the telegraph, telephone, or any other wires on pole lines on the railway . right of way. (b) The electric wires shall not be less than twenty-seven (27) feet above the rail or any part of the railroad right of way, under the most unfavorable conditions of temperature and loading. (c) The electric wires shall clear any existing wires on pole lines on the railroad right of way, under the most. unfavorable conditions of temperature and loading, by not less than seven (7) feet. The telegraph cross arms may be spaced fifteen(15)inches on centers at crossings in order to allow poles of minimum height to be used. DETAILS OF MATERIAL AND CONSTRUCTION REQUIRED. 3. General. (a) It is desired to so construct the crossing of the electric line wires so that each portion of the line shall have sufficient strength to resist the maximum mechanical stresses to which it may be subjected, due allowance being made for a factor of safety suited to the material'used. (b) Obviously the maximum mechanical loads upon the construction of electric lino will usually occur when the wires are coated with ice and subjected to a maximum wind velocity at right angles to the line at the minimum temperature. (c) The maximum stresses in construction of the electric line shall be computed on the basis of a wind pressure of twenty (20) pounds per square foot of plane area, or twelve (12) pounds per square foot of projected area for cylindrical surfaces. These values are based upon a maximum actual wind velocity of seventy (70) miles per hour and are to be used in connection with the following coincident conditions: 1. The maximum coating of ice one-half (%) inch in thickness. 2. A minimum temperature of Zero (0) degrees Fahrenheit. NOTE: In a few sections in the territory of the Northern Pacific Railway, the minimum temperature of Zero (0) degrees and the above ice formation are not encountered. The construction of the electric lines in such regions may, with the approval of the Superintendent of Telegraph, be modified to meet the local climatic conditions. In no case shall the minimum temperature be taken above thirty (30) degrees Fahrenheit. (d) The following sizes and strengths of material are figured and specified on the assumption of the electric wires,and structures being subjected at the crossing of the railroad right of way with mechanical loads and stresses as outlined above and that the wires do not exceed in number or size as hereinafter specified under Paragraph 11-A. (e) Every facility for the inspection of material and workmanship shall be furnished by the company con- structing the electric line. All work shall be subject to the inspection and approval' of the Superintendent of Telegraph of the Railway Company,and his interpretation of the drawings and specifications and his decisions as to the quantity and quality of the work shall be final. 4. Poles. The poles supporting the electric wires across the railroad right of way shall be either wood, steel or reinforced concrete. If steel or reinforced poles are used, they shall conform to specifications satisfactory to the Superin- tendent of Telegraph of Railway Company. When wood poles are used, they shall.conform to the following specifications: 1. A factor•of safety of six (6) shall be used in connection with figuring on the strength of the poles. 2. Eastern or Western.cedar may be used. 3. Poles shall be selected timber, peeled, free from defects which would decrease their strength or dura- bility, and, in general, conform to the Northern Pacific Railway Company's specifications. 4. No Eastern cedar pole shall be used having a circumference at the top of less than twenty-two (22) inches and circumference measurement for the different lengths of poles less than shown in the follow- ing table: Circumference Six Length,of Poles (6) Feet From Butt' 30 Feet . . . . . . . . . . . . . . . .. . . . . . . . . .. . . . . ... . . . . . 36 Inches 35 " 38 « 40 " . ... . . .. . . . . . . . .. . . . . . . . . . . . . .. . . . . .. . 43 as 45 « . . . . . .. . . . . .. . .. . ... . . .. . . . . . . . . .. . . . .. 47 50 " . . .. . . . . . . . . . .. . . . . . . . . . .. . . 50 co, 55' . ... .. . . . 53 60 " . .. . . ... . ... . 56 u . 5. No Western cedar pole shall be used having a.circumference at the top of less than twenty-five (25) inches and circumference measurement for the different lengths less than shown in the following table: Circumference Six 1 S. Setting Poles. (a) Wood poles shall be set in the ground.to the depths given in the following table: Length of Pole Depth in Ground Depth in Solid Rock 30 Feet 5% Feet 3% Feet '35 " ' 6 it 4 cc 40 " 6 " 4 " 45 " 6Y « 4Y « 50 7 « 4Y « 55 " 7/ 5 « 60 cc 8 cc 5 cc 65 « 8Y « 6 « (b) Wood poles shall not be used where inflammable materials are situated within a distance near enough to cause an appreciable fire hazard to the poles. (c) When wood poles are employed, surrounding underbrush and grass must be removed for a sufficient distance to avoid fire hazard. (d) Great care shall be taken in setting poles at crossings to secure firm foundations. (e) Exposure to washouts shall be avoided. (f) Poles shall not be on sloping banks when other locations are practicable. Where poles are neces- sarily set on sloping banks they shall be well reinforced by cribbing. (g) In sandy or swampy soil concrete foundations shall be provided. Each foundation shall contain not less than two (2) cubic yards of concrete. (h) Concrete shall not be leaner than one (1) part of cement to two and one-half (2%) parts of sand to five (5) parts of broken stone. An equivalent gravel concrete may be used. Cement shall be Portland Cement conforming to the standard specifications of the American Society for Testing Materials. Sand shall be clean and sharp. All concrete shall be mixed and placed thoroughly wet. 6. Pole Fittings. The top of each pole shall be roofed. All gains shall be one-half (%) inch deep and of proper width for cross arms used. The center of the upper gain shall be at least ten (10) inches below the apex of the roof. 7. Guys. (a) The factor of safety used in connection with guys shall be three (3). (b) Wood poles supporting the crossing spans shall be side guyed in both directions and be head guyed away from the crossing span. When there are from five (5) to eight (8) wires, the poles of the crossing span shall be double side guyed or guy strand used having at least twice the breaking strength specified in Paragraph 7-d. (c) Braces may be used on the poles instead of guys, but the length shall be not less than ten (10) feet shorter than the poles, in connection with which the braces are used. The butt of each brace shall be set at least six (6) feet in the ground and when used as both a push and a pull brace, a cross log at least five (5) feet long and not less than eight (8) inches in diameter shall be attached to the butt of the brace by means of a cross arm bolt. (d) Guys shall be galvanized or copper covered stranded steel cable, having a breaking strength not less than six thousand (6,000) pounds or galvanized rolled rods of equivalent tensile strength. All guys shall be anchor guys and shall be attached to galvanized anchor rods at least five-eighths (D inches in diameter and eight (8) feet long. (e) The anchor rods shall be fastened to anchor logs. All excavations for anchor logs shall be six (6) feet deep where practicable. When not practicable to obtain this depth, excavation shall be made not less than four (4) feet deep. This size of the anchor log shall correspond to the depth of excavation according to the following table: Dimension of Anchor Logs Depth of Excavation Length Diameter 6 Feet. . . . . . . 5 Feet 10 Inches 7 « 7 u 5 " . . . . . . . . . . . . . . . . . . . . . . .. . . 5 " 16 " 8 " .10 " 4 " . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . 5 " 23 " 8 It .14 10 " 12 The length and width of excavation shall be made as small as possible, especially at the surface of the ground. (f) In general, the method of anchoring, location for anchors and depth and character of setting shall"be such as to render effective the full strength of the guy. Poles having a pull greater than twelve (12) inches shall i_ T,nA (:,,vc cha11 he nlne.Ar1 at. a. distance from the Dole not less than one-third (%) the length of the pole. 8. :-.Cross-Arms. . .(a) Wood cross arms shall-beat least,t6ae'and three-quarters..(3%) inches by four and three-quarters..(4%).� inches cross section of the proper length so as to provide the spacing,of wires as specified under "Wires." No wood cross arms shall have more than eight (8) wires of size greater than No. 6 B. &S.gauge and more than four (4),,wires of size greater than No. 00. Double cross arms.shall be used on each of the poles of crossing span and on poles on railroad right of way on which there is a pull of more than ten (10) feet. Each end of double cross arms shall be provided with a five-eighths (8) inch space bolt or wood blocking between the arms securely fastened by a one-half (%)inch bolt through the cross arms and block. (b) Cross arms shall be attached to poles by means of cross arm bolts having a diameter of five-eighths (8) inches of proper length in order to extend through the pole and cross arm, providing necessary length for.nuts and. washers. (c) Cross arm braces having a cross section of at least one-fourth (%) inch by one and one-fourth (1%) inches and twenty-eight (28) inches long shall be used and fastened to the poles by lag screws having a diameter of at least one-half (%) inch and at least three and one-half (3j2) inches long. Cross arm braces shall be attached to the cross arms by the use of carriage bolts having a diameter of at least three-eighths (8) of an inch and of the proper length to correspond with the arms used. All cross arm fittings, as cross arm bolts, braces, lag screws, carriage bolts, etc.,shall be galvanized to stand the four (4) immersion galvanizing test. 9. Pins. (a) Steel pins shall be used-in all cases and shall have a factor of safety of three (3). (b) The cross section of the pins used shall be at least five-eighths (8)'of an inch. 10. Insulators. 1. (a) Porcelain insulators shall be used in all cases where the voltage on the wires exceeds seven hundred (700) volts and shall be sufficiently strong so that, when mounted, they will withstand without injury twice the maximum mechanical stress to which they will be subjected when the line conductors are attached to them.- Glass insulators will be satisfactory for voltages less than seven hundred (700) volts. (b) Insulators shall not flash over at four times the normal working voltage, under a precipitation of water of one-fifth (1-5)of an inch per minute at an inclination of forty-five (45) degrees to the axis of the insulator. (c) Test voltage shall be determined by transformer ratio. 11. Wires. (a) Bind and Size. Solid or stranded wires may be used up to and including No. 00 in size, above No.00 in size the conductors shall be stranded in the crossing span and other spans covered by these specifications. When the conductors are stranded they shall contain not less than seven (7) component wires. The conductors used shall be of copper or aluminum. The minimum sizes of wires used shall be not less than No. 6 B. & S. guage copper and No. 3 B. & S. guage alumi- num. There shall be no joints in the conductors in the spans covered by these specifications. Cases where there are more than eight (8) No. 00 wires; or the size of the wire is greater than No. 00, will be considered special and the Superintendent of Telegraph will supply additional details as to the necessary strength of structure, in order to carry the additional load. (b) Separation of Wires: The'separation of the conductors for spans not exceeding one hundred and fifty (150) feet shall not be less than twelve (12) inches. For spans exceeding one hundred and fifty (150) feet, the pin spacing shall be increased, depending on the length of the span and the sag of the conductors. The clearance in any direction between.the conductors nearest the pole shall not-lie less than nine (9) inches. (c) Sag. •The wires shall be put up at the crossing span and at the spans on either side and adjacent to the crossing span with proper sags as shown in Northern Pacific Railway Company's standard table of sags for different span lengths and kinds and sizes of.wires. (d) Attaching Wires. The method of attaching the conductors to the insulators shall be such as to hold the wire under maximum loading to the insulators in case of shattered insulators, or wires broken or burned at insulators without allowing an amount'of slip which would materially reduce the clearance specified in Paragraph 2-C. 12. MAINTENANCE. Poles, cross arms, insulators, wires, guys and other parts and material used in the structure of the wire crossing over the right of way of the Railway Company shall be periodically inspected and necessary repairs promptly made by the company to whom the pole lines and wires belong. Wood poles and cross arms shall be replaced before their strength falls below two-thirds (2-3) of the original strength. ' Surrounding underbrush.or grass or anv inflammable material must be kept removed from wood poles for a • Form R. W. 64 16514 11-1-21 1M RP Northern Pacific Railway Company STANDARD TABLES FOR SAGS OF DIFFERENT KINDS AND SIZES OF COPPER AND ALUMINUM WIRES Temperature Coefficients. Copper ... . . .. ........ . . .. .... ..... .. .. . .0000096 Aluminum ... .. . . ........ .. ............. .0000128 MINIMUM SAGS FOR STRANDED HARD-DRAWN BARE COPPER WIRES Span in Feet Span in Feet No. 4/0 B. & S. No. 3/0 B. 8c S. Temp.. 100 125 150 200 250 300 400 500 600 Temp. 100 125 150 200 250 300 400 500 600 F. or less Sags F. or less Sags In. In. In. In. In. In. Feet Feet Feet In. In. In. In. In. In. Feet Feet Feet -20 2 3 6 8 13 20 3.5 6 10 -20 2 3 5 8 13 21 4 7 12 0 2 4 5 9 14 22 3.5 6.5 10.5 0 2 4 5 9 15 23 4 7.6 12.6 20 3 4 6 . 10 16 24 4 7 11.5 20 3 4 6 10 17 25 4.5 8.5 13.6 40 3 4 6 11 18 27 4.5 8 12 40 3 4 6 12 19 29 5 9 14 60 3 5 7 13 20 31 5 8.5 13 60 3 5 7 13 22 33 6 9.5 15 80 4 6 8 15 24 36 5.5 9 13.5 80 4 6 8 15 25 38 6.5 10.5 16.6 100 4 7 -10 17 . 27, 46 6 10 14.5 100 4 7 10 18 29 43. 7 11 16 120 5 8 12 20 31,. 46 7 10.616 120 5 8 12 21 34 49. 7.5 12 17. Span in Feet Span in Feet No. 2/0 B. & S. No. 0 B. & S. Temp. 100 125' 150 200 250 300 400 500 600 Temp. 100 125 150 200 250 300 400 '500 600 F. or less Sags F. or less Sags In. In. In. In:' In. In. Feet Feet Feet In. In. In. In. In. Feet:' Feet Feet Feet -20, 2 3 6 9 14 23 4.5 9 15 -20 2 3 5 9 16 2.5 5.5 11.6 18.6 0 2 4 5 10 16 26 6 . 9.5 15.6 0 2 4 5 10 18. 2.5 6.6 12 19 20 3 4 6 11 18 29 5.5 10 16 20 3 4 6 11 21' 3 7 12.5 19.5 40 3 4 7 12 21 33' 6 11 17 40 3 5 7 13 . 24 3.6 7.5 13 . 20 60 3 5 7 14 24 37 6.6 11.5 17.6 60 3 5 8 15_ 27 . 4 8 14 20.6 80 4 6 9 16 28 43 7 12 18 80 4 6 9 18 32 4.5 8.5 14.5 21.6 100 5 7 10 19 32 48 8 12.5 18.5 100 5 7 11 21 37 5 9 15 22 120 6 9 12 23 37 54 8:5 . 13.6 19.5 120 6 9 .13 . 25 42 5 9.5 16.5 22.6 MINIMUM SAGS FOR SOLID HARD-DRAWN BARE COPPER WIRES Span in Feet Span in Feet No: 1 B. & S. No. 2 B. & S. Temp. 100 125 150 200 260 300 400 500 600 Temp. 100 125 150 200 250 300 400 500 600 F. or less Sags F. or less Sags In. In. In. In. In. Feet Feet Feet Feet In. In. In. In. In. Feet Feet Feet Feet -20 2 4 6 10 19 3 8 14.5 23 -20 2 4 5 12 25 4 10.6 18.5 29 0 3 4 6 11 22 3:5 8.5 15 . 23.5 0 3 4 6 14 29 4.5 11 19 29.5 20 3 4 6 13 25 4 9 16 24 20 3 5 7 16 33 5 11.5 19.6 20 40 3 5 7 15 30 4.5 9.5 16 24.5 40 3 5 8 19 39 5.5 12 20 30.5 60 4 6 8 18 34 5 10 17 26 60 4 6 10 23 43 6.0 12.6 20.5 31 80 4 7 10 21 39 5.5 10.5 17 25.5 80 4 7 12 27 48 6.5 13 21 31 100 6 8 12 25 44 . 6 11 18 26 100 5 9 14 31 . 53 7 13 . 21.5 31.5 120 6 10 16 30 49 6 11.5 18 26.5 120 7 it 18 35 68 ;7.5 18.5 22 82 Span in Feet ' Span in Feet" No. 3:B. & S. No. 4 B. & S. - ! Temp. 100 125 160 200 260 ; 300 400 500 600 Temp. 100 125 150 200 250 -300 400 500_ .600 F. or less Sags F. or less Sags In. In. In. In; Feet' Feet Feet Feet Feet In. . In. In. In. Feet 'Feet Feet Feet Feet -20 ' 3 4 6 17 3 6 14 24 37.6 -20 3 4 8 25 5 9 18 31 46 0 3 4 7 20 3.6 ' 6.5 14.5 24.5 37.5 0 3 5 9 29 15.5 19 18.5 31.5 46 20 . 3 5 8 23 4 7 15 25 38 20 3 6 11 33, - i6 1'9.5 19 31.5 46.6 40 3 6 10 27 .. .4.5, _7.5 15 25 38 40 4 7 13 38 6,5 10 19 32 46.6 60 4 7 12 30'` 16 : 8 15.5 25.5 38.5 60 4 9 16 42 ' 6.6" 10 19.5 32.5 47 80 6 9 14 35 5.5 8.5 16 26 39 80 5 11 19 46 7 10.5 19.5 32.5 47.5 100 6 11 17 39 5.5 8.5 16.5 26 39 100 7 13 23 50 7.5 11 .,.,20 , . 32.6. 47.5 120 8 14 22 44 6 9 ,16.5 26.5 394 120 9 16 27 64 7.5 .,,11 20.6 83,, 48 MINIMUM SAGS FOR STRANDED BARE ALUMINUM WIRE Span in Feet Span in Feet No. 4/0 B. & S. No. 3/0 B. & S. Temp. 80 100 126 150 200 250 300 400 500 600 Temp. 80 100 125 150 200 250 300 400 600 600 F. or less Sags F. or less Sags In. In. In. In. In. Feet Feet Feet Feet. Feet In. In. In. In. In. Feet Feet Feet Feet Feet -20 1 2 3 5 11 2.5 5 11 19 29 •-20 1 2 3 5 12 3 6.5 13 22 33.6 0 1 2 3 6 15 3 5.5 12 19.5 29.5 0 1 2 4 6 17 3.5 6.5 13.5 22.5 34 20 2 3 5 8 21 3.5 6 12.5 20.5 30 20 2 3 5 8 24 4.5 7 14 0�3 34.5 40 2 4 7 11 27 4.6 7 13 21 31 40 2 4 7 12 31 5 7.5 14.5 23.5 35 60 4 6 11 17 34 5 7.5 13.5 21.5 31.5 60 3 5 11 18 38 615 8 15 24 36.5 80 6 10 16 22• 41 6.5 8 14 22 32 80 6 9 16 23 43 6 8.5 15.5 24.5 36 100 10 14 24 27 46 6 8.6 14.5 22.6 33 100 10 13 20, 29. 49 6.5. 9 16 25 36.5 120 13 18 25 32 52 6.5 9 16 23 33.6 120 13 17 25 33 54 . 7 9.5 16.5 25.5 37 Span.in Feet Span in Feet No. 2/0 B. & S. No. 0 B. & S. Temp. 80 100 125 160 200 250 300 400 500 600 Temp. 80 100 125 150 200 250 300 400 500 F. or less Sags F. or less Sags In. In. In. In. Feet Feet.Feet'Feet Feet Feet In. In. In. In. Feet Feet Feet Feet Feet -20 1 2 3 6 2 , 5 8.5 16.5 28 42 -20 1 2, 4 9 3.5 7 10.6 21 36.5 0 2 '2 4 8 '`2.5 '5.5 9 17 : 28.5 42.5 0 2 3 6 14 4 7 11 21.5 36.5 20 2 3 6 12 '6 9 17.5' 29 43 20 2 4 8 20 ! 4.5 . T.5 11.5 22 37 40 2 4 9 18 3.5 6.5 9.5 18 29.5 43 40 3 6 13 26 5 8 12 22 37 60 4 7 14 24 4 7 10 18.5 29.5 43.5 60 5 10- 18 311 - 5 8.5 12 22.6 37.5 80 7 12 19 29 4.5 7 10.6 19 30 44 80 8 14 23 35 6.5 8.5 12.5 23 38 100 10 16 24 33 5 . 7.5 11 19.5 30.5 44.5 100 12 18 27 39 6 9. 13 23 38 120 14 19 28 38 5.5 8 11.5 ',20 31 44.5 120 15 21 31 43 6 9.15- 13.5 23.5 38.6 Span in Feet No. 1 B. & S. Temp. 80 100 125 150 200 250 300 400 500 F. or less Sags '' - - . In. In. In. In. Feet Feet Feet Feet Feet -20 1 3 7 20 5 9 13.5 26.5 42.5 0 2 4 11 25 5.6 9 14 27 43.5 20 2 6 16 30 5.5 9.5 14.5 27 44 40 4 9 21 34 6 10 14.5 27.5 44 60 7 13 25 39 6.5 10 15 27.5 44.6" SO 10 18 29 42 6.5 10.5 15.5 28 44.5 100 14 21 32 45 7 11 16.6 28 45 120 17 24 36 49 7 11. 16 28.5 45 MINIMUM SAGS FOR COVERED SOLID SOFT COPPER WIRES Span in Feet Span in Feet No. 4 B. & S. No.:6 B. & S.' Temp. 60 80 100 125 150 200 250 300 Temp. 60 80 100' 125 150 200 250 F. Sags F. Sags In. In. In. In. . Feet Feet Feet Feet In. In. In. Feet ' Feet Feet Feet -20 3 7 17 35' 5 9.5 16 23.5 -20 7 21 38 5.6 8.5 16 26 0 3 8 19 37 6 10 16 24' 0 9 22 40 6 8.5 " 16. 26.6 20 4 10 21 39 5- 10 16 24 20 10 24 41 '6 8.5 16 26.5 40 5 12 23 41 5.5 '10 16.5 24 40 12 26 42 6 9 16 26.5 60 6 14 25 ' 43 6.5 10 16.5 24:5 60 13 26 43 `6 ". `''' 9 16 26.6 80 8 16 27 45 6.5 10.5 16.6 24.5 80 14 27 45 6 9 16.5 26.5 100 10 17 29 46 .6 10.5 16.5 24.5 100 15. 29 46 , 6.5 . 9 16.5 26.6 120 11 19 30 .,48 6 10.5 17 24:5 120 17 30 47 .. 6.5 9 16.6 27 q � ELECTRIC LINE CROSSING PERMIT (Permanent) No. 40855. R..W. 28,, 9-2441 W NORTHERN PACIFIC RAILWAY COMPANY, hereinafter called the Railway Company, hereby graants to Thurston County Utilities Company, a Washington corporation, hereinafter called the second party, the right, to _construct, maintain and operate an electric current line with the necessary poles; crossarpns wires, conduits.aud other fixtures appurtenant.thereto across the,right of way of the.Railway Company along the course describe as follows: Intersecting the center line of the main track of the .Railway Company's Prairie Line as now constructed in Section 19, Township 17 Forth, Range 2 East of the Wil- lamette Meridian, in Thurston County, Washington, at Yelm. , station, ata point therein distant 900 feet southwester- ly, measured along said center line, from Mile Post 25 (which mile post is located 2496.5 feet southwesterly, meas- ured along said center line, from the east line of said section. This permission is granted upon the following terms: 1. The second party will ' pay a rental of Five and no/100 ( 5,00) Dollars in advance for the full term hereof, also all taxes and assessments that may be levied or assessed against the improvements. llowing4erms— 1. Theseeend par-Ev ;t;zay ^tel tame toad-essessfaesta-kk�t-n+a3t lie-leuied-er-assessea �+ +� uts 2. The electric wires and appurtenances shall be constructed and maintained in accordance with specifications contained in Exhibit 'A" hereto attached and made a part of this instrument. 3. All cost of construction and maintenance shall be paid by the second party; the Superintendent of Telegraph of the Railway Com- pany will decide what portion, if any, of the work will be done by the Railway Company, and for such portion the second party will pay the Railway Company the estimated cost before the work is done; if the actual cost exceeds the estimate, the second party will pay the additional amount when called upon; if the actual cost is.less than the estimate, the Railway Company Iwill repay the surplus. 4. Should the construction or maintenance of the electric line herein contemplated necessitate any change or alteration in the lo- cation or arrangement of any other electric wires or appurtenances located upon the right of way of the Railway Company, the cost of such change or alteration will be paid by the second party. 5. The Railway Company shall have the right at any time tojudge of the necessity of repairs in the crossing wires or appurte- nances and may make written request upon the second party to make such repairs as the Railway Company may deem necessary. If at any time it becomes necessary in the judgment of the Railway Company for reasons of safety or-otherwise, to change the location, elevation or method of construction of the crossing wires and appurtenances, such changes will be made promptly by the second arty upon request of the Railway Company within thirty days after such request and in such manner as the Railway Company shall direct. 6. The crossing wires shall be used for the sole purpose of conveying electric currents at a potential not to exceed-2200 volts. 7. This permit shall not be transferred or assigned by the second party without the written consent of the Railway Company. 8. The second party agrees that the wires and appurtenances and the use of the same for conducting electric current shall not damage at any time the railroad or structures.of the Railway Company, or the property of the Western Union Telegraph Company, or any other property upon the right of way, or be a menace to the safety of the Railway Company's operations or any other operations conducted on the right of way.. The second party will indemnify and save harmless the Railway Company, the Western Union Telegraph Company, and every other owner of any property upon said right of way, from all loss or damage to property, from all loss or damage from interfering with operation, and from injuries to persons occasioned by the wires and appurtenances or the electric current conduct- ed thereon. 9. After the completion of the crossing wires and appurtenances or any subsequent repairs thereof the second party shall remove from the right of way of the Railway Company, to the satisfaction of the Superintendent of Telegraph of the Railway Company, all false work and the like used in the installation or repair-work. . 10. If the second party at any time shall cease to maintain and operate the said line or shall fail faithfully to perform every agree- ment of this instrument, the Railway Company may forthwith terminate this permit and may forthwith expel the second party from its premises, and at the end of the permit the second party will restore the premises of the Railway Company to their former state. 11. It is understood by the parties that said pole line will be in danger of injury or destruction by fire or other causes incident to the operation of a railway,and the second party accepts this permit subject to such dangers. It is therefore agreed,as one of the material considerations of this permit, without which the same would not be granted, that the second party assumes all risk of loss, damage or destruction to said pole line without regard to whether such loss be occasioned by fire or sparks from locomotive engines or. other causes incident to or arising from the movement of locomotives, trains or cars of any kind, misplaced switches, or in any respect from the operation of a railway, or to whether such loss or damage be the result of negligence or misconduct of any person in the empploy or service of the Railway Company, or of defective appliances, engines or machinery, and the hecond party shall save and hold harmless the Railway Company from all such damage, claims.and losses. 12. In addition to complying with the attached specifications, the wires hereby .permitted shall be constructed to comply with the laws of the State of Washington covering electrical construction. Vorm R W 61 5-31-23 1M RP .M orthern Pacific ]Railway Company EXHIBIT "A." SPECIFICATIONS FOR OVERHEAD CROSSING OF ELECTRIC WIRES CARRYING LESS THAN 6,000 VOLTS. These-specifications cover the construction and maintenance of overhead electric wires crossing over or parallel to railway right,of way, tracks or lines of wires, where the voltage on the wires is less than 5,000 volts and the wires are used for transmission of electric power, lights or similar purposes. GENERAL PLAN OF CONSTRUCTION The general plan of construction of the electric line crossing shall be as indicated below: Ele valion of Crossing Not to be lest thou N°6 n.sS.O.Co er M H ' Te/e oropll h tine 2 1171-171-1777171LzIll ILE Not over 75' Nof over /50' " L' L nol le5i 1h 0n Yj H Plan 1 Crossln Fn To be not less Mon 60 - nor more than 12 G'reurn ference at lop of poles to he no! I Tenslle strength orguys to be less Nlon 22"forfaslern oral XforWeIrn eecor not less than 6000 lbs. R/gt1 dWoy line ti Rtyht of Woy line 1. Location of Poles. " (a) The poles supporting the crossing span shall be placed outside of the Railway Company's right of way ' where practicable, but in no case shall the distance between the poles be over one hundred and fifty (150) feet, unless specially authorized by the Superintendent of Telegraph of the Railway Company. When wood poles are used, the span immediately adjacent to the poles of the crossing span of the tracts or pole lines on the railroad right of way shall not be over seventy-five (75) feet. (b) The poles supporting the crossing span and the adjoining spans on each side shall be in straight line and shall cross the railroad right of way as.near at right angles as practicable. In no case shall the angle between the electric line and the Railway Company's tracks or pole line be less than sixty(60) degrees unless specially authorized by the Superintendent of Telegraph of the Railway Company. . . _. . 1 1. 1 1 1 1 r___ __---__ C_____ '_O7_L �__L____1 — _L_.._1....__ __ ._ AI__ to each:span,next adjacent to the portion above.the telegraph line, .unless:the.distance ;from the nearest telegraph wire to the,topmost wire.on the.electric.line poles at the.end of the•over-built section is;greater.than one and.one- half.(1>/) times the.height of the topmost:electric line wire from the.ground. 2. Position and Clearance trf-Wires. (a) The electric wires shall cross over the telegraph, telephone, or.any.other wares on pole lines on the mail.way right Kof•Sway. •(b) The electric wires!shall not be.fess than twenty--eight (28) fleet above the Tail ar-any part:of the railroad right.of way,:under-the most unfavorable conditions sof temperature and loading. '(c) "The electric wires shall.clear any existing-A res.on pile lines on the railroad right of way, under the most unfavorable conditions,of;temperature.and:loading, by nut less-than seven'(7) feet. The ttselegraph,cross.arms:ma+y be.spaced-fifteen:(15)inchesmm centers.at crossings-inorder to allow poles of niinimum height to be used. DETAILS 'OF MATERIAL Aft CONSTRUCTION REQUIRED. 3. General. .(a) It is desired to so construct the•crossing of the .electric line wires,so that each portion of the line-shall have sufficient strength to resist the maximum mechanical stresses to which it may be subjected, 'due allowance being made for a factor of safety suited to the material used. (b) Obviously the maximum mechanical loads upon the construction of electric line will usually occur when the wires are coated wit'li ice and subjected to a maximum wind velocity at right angles to the line at the minimum temperature. (c) The maximum stresses in,construction of the electric line shall be computed on the basis of a wind pressure of twenty (20) pounds per square foot of plane area, or twelve (12) pounds per square foot of projected area for cylindrical surfaces. These values.are based upon a maximum actual wind velocity of severity (70) miles,per hour and are to be used in connection with the following coincident conditions: 1. The maximum coating of ice one-half (%) inch in thickness. 2. A minimum temperature.of Zero (0)-degrees Fahrenheit. NOTE: In a few sections in the territory of the Northern Pacific Railway, the minimum temperature of Zero (0) degrees.and the above ice formation are not encountered. The construction of the electric lines in such regions may, with the approval of the Superintendent of Telegraph, be modified to meet the local climatic conditions. In no case shall the minimum temperature be taken above thirty (30) degrees Fahrenheit. (d) The following sizes and strengths of material are figured and specified on the assumption of the electric wires and structures being subjected at the crossing of the railroad right of way with mechanical.loads and stresses as outlined above and that.the wires do not exceed in number or size as hereinafter specified under Paragraph 11-A. (e) Every facility for the inspection of material and workmanship shall be furnished by the company con- structing the electric line. All work shall be subject to the inspection and approval of the Superintendent of Telegraph of the Railway Company, and his interpretation of the drawings and specifications and his decisions as to the quantity and quality of the work shall be final. 4. Poles. The poles supporting the electric wires across the railroad right of way shall be either wood, steel or reinforced concrete. If steel or reinforced poles are used, they shall conform to specifications satisfactory to the Superin- tendent of Telegraph of Railway Company. When wood poles are used, they shall conform to the following specifications: 1. A factor of safetyof six (6)-shall be .used in:connection with figuring on the strength of the poles. 2. Eastern or Western cedar may be used. 3. Poles shall be selected timber, :peeled, free from defects which would decrease their strength or dura- bility, and., in general, conform to the Northern Pacific Railway Company's specifications. 4. No Eastern cedar pole shall be used having a circumference at the top of less than twenty-two (22) inches and circumference measurement for the different lengths of poles less than shown in the follow- ing table: Circumference Six Length of Poles (6) Feet.From Butt 30 Feet . . . . . . . . . .. . .. . . . . . . . . ... . . . . . . . . . . . . . 36 Inches 35 " . .. .. . . . . . . ... ......... . .... . . . . . . . . . . . 38 cc 40 cc . . . . . . . .. . ... . . .. . . . . . . . . . . . .. . .. . . . . . 43 « 45 " . . .. . .. .. . . . . .. . . . .. . . . . .. . . . . . . . . . . . . 47 50 " .. . . ... . . . . . . . . .. . . . . . . . . . .. . . .. . . . . .. 50 « :55, ''" . . .. . .I.. ... . . . . Z3 60 " . .. .. . ... .. . .. . . . . .. . . . . . . .. . . ... . . . . . 5.6 « 5. No Western cedar pole shall be used having a circumference at the top of less than twenty-five (25) inches and circumference measurement for the different lengths less than shown in the following table: Circumference Sig Ao., fl a1Y 'r S. Setting Poles. (a) Wood poles shall be set in the ground to the depths given in the following table: Length of Pole Depth in Ground Depth in Solid Rock 30 Feet 5% Feet 3% Feet 35 6 (L 4 (c 40 " 6 " 4 6 Y ac. 4/2 50 ` 7 ` 4% 60 cc 8 cc 5 cc '65 . ac e8M cc G (b) Wood poles shall not be used where inflammable materials are situated within.a distance near enough to cause an.appreciable Are'hazard ao the poles. (c) When wood poles are employed, surrounding ,underbrush and grass must be removed for a sufficient distance to avoid fire hazard. (d) Great care.shall betaken in setting poles at crossings .to.secure.firm,foundations. (e) Exposure:to washouts shall be.avoided. (i) Poles shall not be!set on sloping banks when other locations are practicable. Where poles are neces- sarilyrset on Sloping banks.they,shall be well reinforced by cribbing. ;(g) Insandy•or.swampy.sdil,concrete.foundations:shall be;provided, Each.foundation.shall..containnot less than two.(2) cubic,yardstof,concr..ete. (h) Concrete shall not be leaner than one (1) part of cement to two and one-half (2%) parts of sand to five (5) parts of broken stone. .An equivalent.gravel concrete maybe used. Cement shall be Portland Cement.,conforming to the standard specifications of the American Society for Testing Materials. `Sand shall be clean and sharp. All concrete shall.'be mixed and placed thoroughly wet. G. .Pole Fittings: The'top of•each pdl-e shal'1 be roofed. All-gains shall be one-half;(IA) inoh,deep and of proper-width for cross arms used.' The center ofthe upper gain shall be at least ten (10) inches below the apex of the roof. 7. Guys. ;(a) The factor of safety used in.connection with,guys,shall•be three (4).. (b) Wood:poles supporting the crossing spans shall be side guyed in both directions-and behead guyed away from .the .crossing.span. When there are from:five (5) to eight.(8) wires, the poles oof fiche,crossing span shall be double side guyed or,guy strand-used having atleast twice the•breaking•strength;specified:in Paragraph 7-+d. (c) Braves may beused ontho poles instead of,guys,'butthe length shall be not-less than ten•(10)'feet shorter than the.poles,,in{connection with-which the braces are used. 'The butt of each'brace shall be set:at least six-(6) feet in the ground.and when used as both a push and a pull brace, a cross log at least five (5) feet long and not less than eight (8) inches in diameter shall be attached to the butt of the brace by means of a cross arm bolt. (d) Guys shall .be galvanized or copper covered .stranded steel cable, having a breaking strength not less than six thousand,(6.;000):pounds or galvanized rolled rods.of,equivalent tensile strength: All guys shall:be anchor guys and shall.be attached-to galvanized manchor rods at least five-eighths'(8) inches in diameter and-eight (8) ,feet long. ;(e) 'The-anchor rods shall be fastened to.anchor logs. All excavations for:anther logs rshall be.six !(6) feet deep inhere Practicable. When not practicable to obtain this depth,excavation shall be made not'less than four (4) feet deep. This size:of the anchor log shall correspond to the depth of excavation.according to the following-table: Dimension of Anchor Logs Depth of Excavation Length biameter 16 Feet. . . . .. . . . . . . . . .. .. . . . . . . . . . . . . . . . 5 Feet 10 Inches 7 cc 7 5 cc . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 5 cc 16 cc :8 cc 10 cc 4 c' .... . . .. ... . . . . . . . . . . .. . . . . . . . . . . . . 5 cc 23 cc 8 cc 14 cc 10 cc 12 cc The length and width of excavation shall be made as small as possible, especially at the surface of.the,ground. (f) . In general, the method of anchoring, location for anchors and depth and character of setting shall be such as to.render.effective the full strength of the guy. Poles having a pull greater than twelve (12) inchesshall. ba miirnrl (:ova ahall ha nlnnnrl n1•. a rli.ct.nrnnp frnm +.ha nnlp nnt. lacy thnn nnn-f.hirrl (1/) the Ipn(r♦•.h of ftha nnla r 8. Cross Arms. . (a) Wood cross arms shall be at least three and three-quarters (3%)inches by.four and three-quarters.(4%) inches cross section of the proper length so as to provide the spacing of wires as specified under "Wires:" No wood cross arms shall have more than eight(8) wires of size greater than No.6 B. &S. gauge and more than four (4) wires of size greater than No. 00. Double cross arms shall be used on each of the poles of crossing span and on poles on railroad right of way on which there is a pull of more than ten (10) feet. Each end of double cross arms shall be provided with a five-eighths (8) inch space bolt or wood blocking between the arms securely fastened bya one-half (Y2)inch bolt through the cross arms and block. (b) Cross arms shall be attached to poles by means of cross arm bolts having a diameter of five-eighths (8) inches of proper length in order to extend through the pole and cross arm, providing necessary length for nuts and washers. (c) Cross arm braces having a cross section of at least one-fourth (%) inch by one and one-fourth (1%) inches and twenty-eight (28) inches long shall be used and fastened to the poles by lag screws having a diameter of at least one-half (%) inch and at least three and one-half (3%) inches long. Cross arm braces shall be attached to the cross arms by the use of carriage bolts having a diameter of at least three-eighths (8) of an inch and of the proper length to correspond with the arms used. All cross arm fittings, as cross arm bolts, braces, lag screws, carriage bolts,etc.,shall be galvanized to stand the four (4) immersion galvanizing test. 9. Pins. (a) Steel pins shall be used in all cases and shall have a factor of safety of three (3). (b) The cross section of the pins used shall be at least five-eighths (8) of an inch. 10. Insulators. (a) Porcelain insulators shall be used in all cases where the voltage on the wires exceeds seven hundred (700) volts and shall be sufficiently strong so that, when mounted, they will withstand without injury twice the maximum mechanical stress to which they will be subjected when the line conductors are attached to them. Glass.insulators will be satisfactory for voltages less than seven hundred (700) volts. (b) Insulators shall not flash over at four times the normal working voltage, tinder a precipitation of water of one-fifth (1-5)of an inch per minute at an inclination of forty-five (45) degrees to the axis of the insulator. (c) Test voltage shall be determined by transformer ratio. 11. Wires. (a) Kind and Size. Solid or stranded wires may be used up to and including No.00 in size, above No. 00 in size the conductors shall be stranded in the crossing span and other spans covered by these specifications. When the conductors are stranded .they shall contain not less than seven (7) component wires. The conductors used shall be of copper or aluminum. The minimum sizes of wires used shall be not less than No. 6 B. & S. guage copper and No.3 B. & S. guage alumi- num. There shall be no joints in the conductors in the spans covered by these specifications. Cases where there are more than eight (8) No. 00 wires, or the size of the wire is greater than No. 00, will be considered special and the Superintendent of Telegraph will supply additional details as to the necessary strength of structure, in order to carry the additional load. (b) Separation of Wires. The separation of the conductors for spans not exceeding one hundred and fifty (150) feet shall not be less than twelve (12)-inches. For spans exceeding one hundred and fifty (150) feet, the pin spacing shall be increased, depending on the length of the span and the sag of the conductors. The clearance in any direction between the conductors nearest the pole shall not be less than nine (9) inches. (c) Sag. The wires shall be put up at the crossing span and at the spans on either side and adjacent to the crossing span with proper sags as shown in Northern Pacific Railway Company's standard table of sags for different span lengths and kinds and sizes of wires. (d) Attaching Wires. The method of attaching the conductors to the insulators shall be such as to hold the wire under maximum loading to the insulators in case of shattered insulators, or wires broken or burned at insulators without allowing an amount of slip which would materially reduce the clearance specified in Paragraph 2-C. 12. MAINTENANCE. Poles, cross arms, insulators, wires, guys and other parts and material used in the structure of the wire crossing over the right of way of the Railway Company shall be periodically inspected and necessary repaire promptly made by the company to whom the pole lines and wires belong. Wood poles and cross arms shall be replaced before their strength falls below two-thirds (2-3) of the original strength. Surrounding underbrush or grass or any inflammable material must be kept removed from wood poles for a pea aF aids 8t ' ££ 9'03 tT 9"L fig LZ 9T 6 091 9'68 9'93 9'9T 6 '9 fit ZZ ti 8 OZI 9'Lt 2,to OZ TT ' 9'L 09 EZ ET L 001 68 93 9'91 9'8 9'9 68 LT TT 9 001 V0 9'92 9'61 9'01; . L ; ; 96 61 TT 9 08 6E 99 91 9'8 9'9 9£ ti 6 9 08 Lt 9'98 9'61 OT 9'9 Zt 91 6 t 09 9'88 9199 9191 8 9 0£ ZI L . t 09 9'9t ZE 61 OT 9'9 :: 8E ET L t Ot 88 99 91 9'L. 9't LZ OT 9 E Ot 9'9t 9'I9 6I. 9'6 9 .. EE TT 9 E OZ 8E 93 91 . 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Feet Feet Feet Feet Feet -201 2 3 5 11 2.5 5 11 19 29 -20. 1 2 3 8 12 3 6.5 13 22 33.5 0 1 2 3 6 16 3 5.5 12 19.5 29.5 0 1 2 4 6 17 3.6 6.5 13.5 22.5 34 20 2 3 5 8 21 3.5 6 12.5 20.5 30 20 $ 3 5 8' '24 4.5 7 14 23 34.6 40 2 4 7 11 27 4.5 7 13 21 31 46 2 4 7 12 31 5 7.5 14.5 23.6 35 60 4 6 11 17 34 5 7.5 13.5 21.5 31.5 ¢.0. 3 5 11 18 38 5.5 8 15 24 35.6 80 6 10 16 22 41 6.5 8 14 22 32 8 6 9 16 23 43 6 8.5 15.6 24.5 36 100 10 14 24 27 46 6 8.5 14.5 22.5 33 100 10 13 20 29 49 6.5 9 16 25 3G.5 120 131 1$1 25 32 52 6.5 9 16 23 33.6. 120 13 . 17 25 33 64 .7. 9.5 16.6 26:.5 37. Span in Feet Span in feet No. 2/0 B. & S. No.•0 B. & S. Temp. 80 100 125 150 200 250 300 400 600 600 Temp. 80 100 125 150 200' 260, 300 400 500 F. or leas Saga" " F._or less Sags In.', In. In. In. Feet Feet Feet Feet Feet Fee!' Iii. In. In In.,Feet Feet Feet Feet Feet -2Q 'S 1 2 3 6 2 , 3:5 '16:5 2'8'' 4$' -20 1 "2 4 9•• 3:5 V. 1a''V1 21` 36.5' 0 2 2 4 8 2.6 6.5 9 17 28.5 42.5 6 2• 3 6 14 4 " 7 11 21.5 36.6 2d 2 3 6 •12 '3 6' 9 17:6 20 43 20 2 48 ' 20 4.5 7.5 11.5 22 37 ' 40 2 4 9 18 3.51 6.5 9.5 18 29.5 43 40 3 G 13 26 .5.. 8 12 22 37 60 4 7 14 24 4� 7. 10 18.5 29.6 43.5 60 5 10 18 31 __6, $. 12 22.5 37.5 80 7 12 19 24 4.5 7 10.5 19 30 44 80 8 1.4 23 5 6.6 8. 12.5 23 38 100 10 16 24 33 5 7.5 11 19.5 30.5 44.5 100 12 18 27 39 6 9 13 23 38 120 14 19 28 38 5.5 $ 11.5 20 31 44.5 120•. 1.5 21 31. 43, 6 9.5 .. 13.5 • 23.5 33..6 Span in Feet No. 1 B. & S. Temp. 80 100 125 150 200 250 300 400 500 F."oic less Sags In.' In. I_n. In. Feet Feet Feet Feet Feet -20 1 3 "7 20 5 9 13.5 26.5 43.6 ' 0 2 4 11 25 6.5 9 14 27 43.5 20 2 5 16 30 5.5 9.5 14.5 27 44 " 46 4 9 21 34 6 10 14.5 27.5 44 GQ. 7 13 25 39 6.5 10 15 27.5 41.6. . 50 10 18 29 42 6.5 10.5 15.5 28 4 .5 100 14 21 32, 45 7 11 1l.5 28 45 120 17 24 36 49 7 11 i 28.5 45 MINIMUM SAGS FOR COVERED SOLID SOFT COPPER WIRES Spain Feet Span in Feet No. 4 B. & S. No. 6 B. & S. Temp. 60 80 100 125 '150 200 250 300 Temp. 60 80 100 125 150 200 260 F.' Z ,..Sags F.' Sags Iri. In. In. In. Feet Feet Feet Feet In. In. In. Feet Feat Feet Feet -20 3 '7 17 35 5 9.5 16' 23:6 -20 7 21 38 5'.5 8:6 '16 26 0 3 8 19 31 6 10 16 24 0 9 22 40 6 8.5 1G 26.5 20 4 110 21 39 5 "10 16 24 20 10 24 41 6 8:5 ' "16 26.5 40 5 12 23 41 5.6 10 16.5 24 40 12 25 42 6 9 16 26.6 60 6 14 25 43 6. ,. 10 16.6 24.5 60 13 26 43, 6 9 16 26.6 80 8 16 27 49 5.1 10.5 16.6 24.5 80 14 27 45 ...; 9 16.5 26.5 100 10 17 29 46 6 10.5 16.5 24.5 100 15 29 46 6.5 9 16.5 26.5 120 11 19 30 18 ¢ 10.5. 17 24.8 170. 17 30 47. 6.4 0 16.E 2j• Not Joint - Car. " J ELECTRIC LIM CROSSING PERMIT (Permanent) No. 66454 R.W.28 �`\� �%�� 2-42 • NORTHERN PAC IF IC 'RA ILWAY COMPANY, hereinafter called the first party, •bereby grants to P'UGET SOUND MTER & LIGHT COMPANY, a Massachusetts corporation hereinafter called the second party, the right to construct, maintain and operate an electric line with -the necessary poles, crossarms, wires, conduits. and other fixtures .appurtenant thereto across the premises of the first party along the course described as follows: Crossing the first partyfs 100 foot right of way for its Prairie Line in the northeast quarter of southwest quarter of section 19 in township 17 north of range 2 east of the Vvillamette Meridian in Thurston County, Washington, at YELM station, intersecting the center line of main track as now constructed through'a point therein distant 1705 feet southwesterly, measured along said center line, from Mile Post 25 (which mile post is located 2496.5 feet south- westerly, measured along said center line, from the east line of said s eotion) . This permission is granted upon the following terms: 1. The second party will pay a rental of five and no/100 dollars (05.00) in advance for the full term hereof and will also pay all taxes and assessments that may be levied or assessed against the improvements. 2. The electricline and appurtenances shall be constructed and maintained in accordance with 'the National Electric Safety Code and laws of the State: of iNashing50n and in accordance with plansheretofore submitted by the second party and approved by the first party. 8. All cost of construction and maintenance shall be paid by the second party; the Superintendent of Telegraph of the first party will decide what portion, if any, of the work will be done by the first party, and, for such work the second party will pay the estimated cost thereof.before the work is commenced: If the actual cost exceeds the estimate, the second party will pay the additional amount when called upon and if the actual cost is less than the estimate the first party will repay the surplus. 4. If in the judgment of the Superintendent of Telegraph of the first party, Ahe construction or maintenance of the electric line herein contemplated necessitate any change or alteration in the location or arrangement of any other electric wires or appurtenances located upon the premises of the first party, the cost of such change or alteration will be paid by the second party. 6. The first party shall have the right to decide of the necessity of repairs to said electric line or appurtenances and upon written request from the first party the second party shall promptly make such repairs. If at any time it becomes necessary in the judgment of 'the first party for reasons of safety or otherwise, to change the location, elevation or method of construction of the electric line and appurtenances, such changes will be made by the second.party within thirty days after being requested to do so and in such manner as the first party shall. direct. 6: The electric line shall be used for the sole purpose of conducting electric currents at a potential not to exceed 7200 volts.. 7. This permit shall not be transferred or assigned by the second party without the written consent of the . first party: 8. The second party agrees that the wires and appurtenances and the use of the same for conducting electric current shall not damage the railroad or structures of the first party, 'or the property of The Western Union Telegraph Company,• or any other property upon the .premises of the first party, or be'a menace to the safety of the first party's operations or any other operations conducted on said premises. The second party will release,. indemnify and save harmless the first party and The Western Union'Telegraph.Company, their successors.-and assigns, from and against all loss, damages, claims, demands, actions, causes of action, costs, and expenses of every character which may result from any injury to or death of any person whomsoever, or from loss of or damage to prop- erty of any kind or nature to whomsoever belonging, when such injury, death, loss, -or damage is caused or con- tributed to by, or arising from, the construction, installation, maintenance, condition, use, operation, or existence .. of said electric line upon such railroad premises. 9. After the completion of said electric line and appurtenances or any subsequent repairs thereof the second party shall remove from-the premises of the first party, to the satisfaction of the Superintendent of Telegraph of the first party, all false work and.equipment used in the installation or repair work. 14). If the second party at any time shall cease- to maintain and operate the said electric line or shall fail faithfully ,to perform every.agreement herein contained to be observed or performed by the second party, this permit may forthwith be terminated by the first party. The second party agrees upon termination of this permit to restore said premises to their former state. 11. It is understood by'the parties that said electric-line will be in danger of injury or destruction by fire or other causes incident to the operation of a railway, and the second party accepts this permit -subject to such dangers: It is therefore agreed, as one of the material considerations of this permit, without which the same would not be granted,' that the second party assumes all risk of loss, damage or destruction to said electric line without regard to whether such'loss be occasioned by-fire or sparks from locomotive engines or other causes incident to or arising from the movement of locomotives, trains or cars-of any kind, misplaced switches, or in any respect from the operation of a railway, or to whether such loss or damage be the result of negligence or misconduct of any person in the employ or service of the first party, or of defective appliances, engines or machinery, and the second party shall save and hold harmless the first party from all such damage, claims and losses. 12. It•,is .agreed that the pr'ovisions'of'Secttons' 8 and 11 are for-Ahe' equal protection, of; any.other railroad company or campanies'-heretofoie or-hereafter granted the joint. use of, the- first party's property upon which the above described electric current line, is• located. 15. Before 'commenoing the construction of said electric line aoross the first party's tracks the second party agrees to notify the superintendent of the first party the time when it axneots to construct said orossina_ Tn AVA"+ +h R+ +hA first: nnr+v danma i+ "anAA- t � SUPPMZXT TO PERMIT NO. 66454 SUPPLEMENTAL AGREEMENT, between NORTHERN PACIFIC RAIMY COMPANY, a Wisconsin corporation, hereinafter called Railway Company, and PUGET SOUND YGM & LIGHT CO14PANY, a Massachusetts corporation, here- inafter called Permittees By permit numbered 66454 and dated November 15, 19462 Railway Company permitted Permittse. to construct an Alectric line crossing over its 100-four Prairie Line right of way in the NE164 of Section 19P , Township 17 North, Range ,2 East, W.M., at Yelm station in Thurston County, State of Washington: Permittee desires to increase the voltage rating to 12,500 volts, noxiinal rating. NOW THEREFORE, the parties hereto do hereby mutually agree as follows: Section 6 is deleted from said permit and the following section is substituted therefor: Tho'electric line shall be used for the sole purpose of con- ducting electric currents at a potential not to exceed 12,,5 O volts. This -supplemental agreement .is effective as of the date hereof. IN WITNESS WHEREOF, the parties hereto have eaecated these presents in duplicate this 7th day of Octoberp 1960• NORTHERN PACIFIC RAILWAY COMPANY By .. Western ger Industrial Development i PUGET SOUND POWER & LIGHT CCMPANY By .., 9 i ......�..�. .-.::,..��..�. 1 Vice President-Operations Attests As t e ary ...". `"" EXHIBIT "An 0 DATA TO BE INCORPOkATED =° ON PLANS PREPARED BY APPLICANT FOR WIRE OR CABLE LINE CROSSING OVER PROPERTY OF THE NORTHERN PACIFIC RAILWAY COMPANY. To be filled out in triplicate - Also see reverse side NAME OF APPLICANT PU ET SOUND POWER & LIGHT COMPANY ADDRESS OF APPLICANT 013m=ii T We ahinau nn Communication or power lines if any Right of WcLy Lines LOCATION DATA * r Distance & direction of crossing from J �1 nearest1710 feet southwesterly from M.P. 25 — Prairie Branch. ]ni{iCa,te true North with Name, distance and direction of nearest R.R.. station.Yplm — 0-36 mile UrOW l I southwesterly !/ County Thnrgtnn State Wash�i gton. I' i 7- 3 Supply Lines 4• Telephone Lmes Many CROSSING SPAN DATA / Slandard Heald and side g6161s ELECTRIC SUPPLY LINES NO. OF CIRCUITS— VOLTAGE IRCUITS VOLTAGE 7200 AC or DC ACI _Freq.60 WIRES - No. of 3 Size #4 $ & S—_ Ooub/e Arms Ree�aiiret! Material Cn�nAr On Poles Z�3 I Hard or Medium Hard Dr� 41 C3 Solid or Stranded Stringing Sag - inches 13.5 Temp.0FAD_ Final Unloaded Sag - inches],'7.5 Temp.oFjjO_ CLAMP or TIE Tie Type LINE INSULATOR - Type Pin POLE TOP CONST.RUCTION SHOWS AS ABOVE - -DATA REQUIRED - Material P�rcAliin Size of armsA/4X4?jAl 0'Material Ff2' COMMUNICATION LINES AND CABLES Size"& type o1 braces / � x.28 Flat Steel WIRES - No. of Size Pin Spacing 2 foAt J , nd 4 fAAt (Pin_HO160 — 1211) Material Size, type &material o1 pins wpp�__ Stringing Sag - inches _Temp.°F Type of Arm Separator ma Don lA rmitigr %I tR INSULATORS - Type Mat?I Grounding Connection Heng Material Size CABLE - No. of pairs—Gauge— Aerial airsGaugeAerial ground Wire None Material Size Diameter - inches ,Wt,lb, per ft._ Length rear-Incnes. A.S.A. Depth of NUher of Guvs Cable Rings - Type Mat'l— in Ft. Ground To ^lass Setting award Xinjd Fr ■ Xinjr I Side. No.1 Cable Rings - Spacing,_ inches No.2 Suspension Strand, Kind Size 70.3 Suspension Clamp, Type No.4 Treatment of proles- None APPLICANT PUGM SOUND. PO Species of timber W_atprn RPd Cgdar BY Size of guy wir MaterialG • .el Strd. TITLE Type of guy anchorage 0" Concrete Cone DATE 19 APPROVED Superineendent of Tel6greph. v.tl e_ie GENERAL'REOU i REMENTS The Northern- Pacific Railway will'consider-each wire crossing' on its;.'nie.ri.ts: ai..d-r:eserves:;;the xight,to'regiilre stronger..con- structiono than specified,in',either.State:or:'N_a:tional Codes. P^'1 es: Crossing spa.ris for Electric*Supply lines and for Communication lines that cross electric supply lines and railroad right of way in the same span shall, be constructed with poles not smaller than class 4 and strongerpol es,"shall be used where required for the number of conductors -'carried.` Pole's'in the adjacent spans shall be class 5 or stronger. the crossing span shall not exceed 150 feet and the next adjoining spans shall not exceed 1-1/2 times the length of the crossing span. Guys: In general all crossing span poles shall be side guyed as well as head guyed. Crossarms• 'Double-arms with flat 'construction are required. Dead end construction is desirable. rliscellaneous: Other construction details should .meet the' National Electric Safety Code or State'Rulesn Where proposed electric supply lines will parallel the rail- way, even .though. not occupying railway company property, scale drawings are required showing the route of the line with relation to the railway, so that the extent of inductive interference to railway communication - circuits can be determined. - a-- IRRIGATION CANAL, DRAINAGE CANAL, WATER PIPE OR SEWER PIPE PERMIT. -.It*-W®GN R.W.17 5-64 NORTHERN PACIFIC„RAILWAY COMPANY, hereinafter called Railway Company, hereby permits OLYMPIC PIPE LINE COBPANY, a Delaware corporation, hereinafter called Permittee, to construct, operate, and maintain the following facilities upon its right of way and beneath its tracks, A 114-inch petroleum products pipe line crossing Railway Company's right of way for its Prairie Line in the NES of Section 14, Township 17 North, UJ Range 2 East, W.M., near Roy Station,- in Pierce County, State of Wash- fg�`-' ington, intersecting the centerline of Railway Company's main tvack as now constructed at a point therein distant 607 feet northeasterly, measured along said centerline, from Mile Post 21, and extending across said right of way along the course indicated by KED color on Permittee's map numbered F-347 and identified as Exhibit "B” attached hereto and made a part hereof. This permission is given upon the following terms: 1. Permittee will pay in advance to Railway Company for this permit the sum of One Hundred and No/100 Dollars ($100.00) annually, also all taxes and assessments that may be levied or assessed against said facilities. Railway Company reserves the right to change the said charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for payment shall in no way restrict Railway Company's right of termination under Paragraph 6 hereof. 2. (a) The entire cost shall be borne by Permittee, including but not limited to the cost of construction, reconstruction, repair, operation, maintenance, and removal of said facilities. The Division Superintendent of Railway Company will decide what portion, if any, of the work will be done by Railway Company, and for such portion Permittee will pay Railway Company the estimated cost be- fore the work is done. If the actual cost exceeds the estimate, permittee will pay the additional amount when called upon; if the actual cost is less than the estimate, Railway Company will repay the surplus. All work hereunder by Permittee shall be done in a first-class workmanlike manner to the satisfaction of the Division Superintendent of Railway Company and in accordance with plans and s0cifications.which he may prescribe or approve. The Division Superintendent of Railway Company shall have the right at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be replaced with like material or with material of a more permanent character; also to require additional work or change of location of said facilities as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade thereof, construction.of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of the railroad of Railway Company,. all of which shall be done at the expense of Permittee in the manner herein provided,. (b) In the event that at any time hereafter any changes, alterations, or relocation of said facilities hereby covered are to be made or any other work of any kind is to be done in connection with said facilities, whether at the request of Railway Company or for any cause whatever, Railway Company may require the furnishing by Permittee or its contractor of insurance satisfactory to Railway Com- pany to protect it against any loss or damage in any way arising out of or in any way connected with the work. (c) In the event Railway Company deems it necessary to provide either flagmen or inspectors, or both, during the period of con- struction, reconstruction, repair, operation, maintenance, and removal of said facilities by either party as provide) for in Paragraph 2. (a), Permittee shall bear the expense incurred by Railway Company for such flagginj or inspection service. Railway Company will notify Permittee of the estimated cost of such flagging or inspection service, and Permittee will pay such estimated and actual cost in the some manner as provided for in Paragraph 2. (a). 3. (a) permittee agrees that said facilities shall not at any time damage the railroad or structures of Railway Company,or be a menace to the safety of its operation, and to indemnify and save harmless Railway Company from all loss and damage to its tracks, roadbed, structures, rolling stock, and other property of Railway Company and property of third persons, and from injuries to or death of persons, including employees of the parties hereto, occasioned by the exercise of the permission hereby granted. (6) permittee hereby further agrees to hold harmless and indemnify Railway Company from and against any and all loss or damage to said facilities, the installation of which is hereby permitted on the premises of Railway Company. 4. It is agreed that the provisions of Paragraph 3 are for the equal protection of any other railroad company or companies hereto- fore or hereafter granted the joint use of Railway Company's property of which the premises upon which said facilities are located are a part. 5. Permittee shall not transfer or assign this permit without the written consent of Railway Company. 6. This permit shall endure until terminated by Railway Company. Railway Company reserves the right to terminate .this permit at any time upon the giving of 180 days' notice, either by personal delivery or by mail, or by the posting of notice on the premises. Upon the expiration of the time stated in any such notice, Railway Company may forthwith expel Permittee from its premises; and at the end of the permit Permittee shall restore thepremises of Railway Company to their former state. Upon termination of this permit any unearned portion of the annual charge paid hereunder shall be refunded. 7. This permit is granted subject to permits, leases, and licenses, if any, heretofore granted by Railway Company affecting the premises upon which said facilities are located. 8. Said facilities shall be constructed, reconstructed, repaired, and maintained in accordance with the specifications hereto attached, marked Exhibit "A" and made a.part hereof. 9® The Permittee agrees that any contract which it shall let for the construction of the facilities, on said right of way shall provide as follows: (continued on next page) / IN WITNESS WHEREOF the parties have executed this permit this day of 19 (O 7 A. The Contractor shall indemnify and save harmless Northern Pacific Railway •Company from any and all claims, suits, losses, damages or expenses on account of injuries to or death of any and -all persons whomsoever, including the Contractor, subcontractors, employees • of the Contractor, subcontractors and of said Railway Company and any and all property damage, arising or growing out of or in any manner connected with the work performed under this contract, or caused or occasioned in whole or in part by reason of the presence of the person or of the property of the Contractor, subcontractor, their employees or agents, upon or in proximity to the property of said Railway Company, Be The Contractor further agrees that it will defend, at its own expense in the now and on behalf of said Railway Company all claims or suits for injuries to persons or damage to property arising or growing out of the work carried on under this contract, for which said Railway Company is liable, or is alledged to be liable. C. The Contractor shall carry regular Contractor's Public Liability Insurance providing for a limit of not less than $500,000 for all damages arising out of the bodily injuries to or death of one person, and subject to that limit for each person, .a total limit of $1,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and for a,limit of not less then $500,000 for all damages arising out of damage to or destruction of property in any one accident, and subject to that limit, a total (or aggregate) limit of $1,000,000 for all damages arising out of damage to or destruction of property during the policy period. All such policies and endorsements thereto, shall be executed by a corporation qualified to write the same in the State of Washington, shall be approved by said Railway Company as to the insurance company writing same, the amount, form and substance thereof. The Contractor shall procure and furnish to said Railway Company, prior to the entry upon or use of said Railway Companyis property by the Contractor, the insurance policy, or in lieu thereof a certified copy of such policy, together with an endorsement thereto, under the terms of which the insurance company insu,re• . the liability assumed by the Contractor hereunder, substantial37 ih the form of Special Endorsement attached hereto and made a part hereof. 'SPECIAL ENDORSEMENT (Northern Pacific Railway Company) In consideration of the premium at which this policy is written, it is agreed that: 1. Any exclusion or provision appearing in this policy or in any en- dorsement attached thereto, eliminating coverage for any obligation or liability assumed by the insured under any contract or agreement or for damage or injury to or destruction of property occupied or used by, or ,in the ogre, ;custody or control of the insured is deleted, bit only as respects that contract entered into between and dated s and the insuring agreements are herelay extended to cover the. obligations assumed by the contractor under the terins of the following provisions of said contract: "The Contractor shall indemnify and save harmless the Northern Pacific Railway Company from any and all claims, suits, losses, damages or expenses on account. of injuries to or death of any and all persons whomsoever, including the Contractor, subcontrao�* tors, employees of the Contractor, subcontractors and of said . Railway Company, and any and. all property damage, arising or grow- ing out of, or in any manner connected with the work performed under this contract, or caused or occasioned in whole or in part _ by reason of the presence of the. person or of the property of the Contractor, subcontractors, their employees or agents, upon or in proximity to the property of said Railway Company." "The Contractor further agrees that it will defend, at its own expense, in the name and 'on behalf of said Railway Company, all claims, or suits for injuries to persons or damage to property arising or growing out of the work carried on under this contract, for which said Railway Company is liable., or is alleged to be liable." 2. The Northern Pacific Railway Company and any other railroad company or companies heretofore or hereafter granted the joint use of the Northern Pacific Railway Company's property are named as additional insureds under this policy, but only as respects the coverage required by the above con- tract. 3. The cancellation period provided for •under this policy shall be extended to 30 days, but only as respects the coverage required by_the above contract. NORTHERN PACIFIC RAILWAY COMPANY R.M.142 EXHIBIT A SPECIFICATIONS FOR PIPE LINE CROSSINGS ,UNDER RAILWAY TRACKS, POR FLAMMABLE 'SUBSTANCES 1. SCOPE Pipe lines included under these -specifications are those .installed to carry oil, gas, gasoline or other flammable or highly volatile substances under pressure. ,2. INSTALLATION Pipe lines under railway tracks and across railway right-of-way shall be en- cased in a larger pipe or• conduit called the casing pipe, in accordance with: these specifications and as indicated .in F.ig. l. Pipe lines shall be .installed,under: tracks by boring or,'jacking, if practicable. Any replacement of a carrier pipe or a casing pipe shall be considered a new installation, subject tothe requirements , of these specifications. Should railway company lower .its ditch grade, permittee shall lower pipe line to 31 depth under .new ditch grade. Sign See See Note 3 _ _ H No+e 4 Screen T_ L 45Ft(Min) 45Ft(Min) _ Z) See Note 2 See Note 2 Ground V) Si n Surface See ote3 4Ff(Min) J coo P ling ; h See Note6 bed LL a 5Ft61n(Min) -4- p-LL3Ft(Min) 3Ft(Min) 0O � 4� aF•� Cosing Pie ' a Seal __ _______7�7 _ ___ _ See Note I Carrier Metal Band ent pipe at low end Vent pipe of b• h See Note 5 of casing fo be welded end of casing to be welded to bottom of casing. to top of casing.See Note I. See Note I. NOTE: I.Seal and vent pipe not required 1F casing ends above ground where drainage is available. 2.Cosin9 pipe shall extend bc,yond limit of railway right-of-way if necessary to provide a minimum distance of 45ft measured of right angles From center line of the out- side track. See article CO for future extenstoris, 3.Signs to indica+e location of pipe line of righf-of-way line are required for crossings corryiog pressures of45psi'or over. ' 4.Carrier p,pe,perthese spec ifications,shalI extend,eocb side of crossing aminimum distance of 100 ft measured of right angles from center line of the outside traekor 40ft beyond end of casincl,whichever is greater. 5.Metal bond not required if adjacent carrier pipe is same wall thickness as carrier pipe fbru crossing 6.Vent of low end of casing shall have removable top,in locations where casing is subjected to being covered by water,in order to ascertain and remove any water inside of casing. 3. CARRIER PIPE Fig. 1. Carrier line pipe .inside of casing under railway ,tracks .and, r.i,ght-of-way shall conform to `the requirements of ASA 'B31. 1-1951, Code for Pressure Fiping,.:Section )2, Division 1, for gas 'lines, 'arid 'Section 3, Division A for crude oil and ,liqI .uid petro- leum products linesI, 'except that the allowable working stresses for desigli 'shall not be more .than 90 percent of those permitted by the ASA Code. The' minimum wall thickness ,for steel or wrought iron carrier pipe shall be 0,2 .in. , ' ekcept for' pipelines-1-1/2 in. .in diameter and 'smaller, operating at pres- sures less than 100 psi, where thickness not less than that specified for extra strong steelpipe by the i}. ;5:. Department• of Commerce, National,•.Bureauof�,:Standards maybe ,used. '' Requisites •for carrier line pipe in conformity with the above shall apply for a minimum distance of lb0 ft. from (measured at right angles to) center line of out- side tracks, or 40 ft. beyond the ends of casing, whichever is'. grea,er.. Where the wall thickness of the' connecting carrier pipe on 'either side of the crossing .is less than that specified above, a band of the same metal as the thicker pipe, 3 times .its thickness and not less than 12 in, wide, shall be closely fitted around' the* outsideiof, ''and welded to the thicker carrier pipe i'close to the joint where connection is made to the thinner wall carrier pipe. PIPE LINE CROSSINGS UNDER RAILWAYTRACKS-flammable substances 4. CASING PIPE Casing .pipe and joints shall be of metal and shall be of a rigid, leakproof con'struction;"'capable of withstanding railway loading. WALL THICKNESS FOR 'STEEL* Casing Pipe for E 72 Loading (.Including :Impact) Min'.'Thickhe's's `' ",Diameter 'of Pipe Min.Thickness Diameter 'of' Pipe .Inches " ' ':Inches :Inches Inches 1/4 6; '8, ` 10, ' 12,' 14 and 16 1/2 .. . . . . . : . 30, 32 and 34 5/16 . . . . . . . . .18 and 20 9/16 . . . . . . . . 36 and. 38 3/8... ::. . .. . .' 22 and 24 5/8 . . . . . .. .. 40 and. 42 26 and 28 ;*Thickness .is for steel pipe having a minimum yield -strength of 35,000 psi. Adjust thickness as .necessary for other grades of pipe, except that thickness of pipe shall not be less than 1/4 .in. Class 150 'cast 'iron pipe maybe used for 1.2 .in, and .under and Class 250 shall be used for over' 2 in. , provided the method of .installation .is by open trench and prior approval has been secured from the chief engineer of the railway company. The `.' nside"diameter of the casing pipe shall be at least 2 An. greater than the 'largest outside diameter of the carrier pipe, joints or couplings, for carrier . pipe less than 6 :iri:' .in diameter; and at least 4 .in. greater for carrier pipe 6 .in. and over-An' diame'ter. It shall, .in all cases, be great enough to allow the carrier pipe to be• rembved •subsequently without disturbing the casing pipe or roadbed. Casing pipe shall be,so constructed as to prevent leakage of any matter from the casing or conduit throughout .its �ength under track and railway right-of-way except at ends of casing or conduit where-ends are left open, or through vent pipes when ends are sealed to outside carr.ier,pipe. Casing shall be so installed as to prevent the formation of 'a waterway under the railway and with an even bearing through- out its length, and shall slope to one .end. 5. PROTECTION AGAINST -CORROSION Both casing pipe and carrier pipe within the crossing shall receive exter- nally the same protective coating which .i•s applied to the carrier pipe adjacent to the crossing, except' that' An no case shall the protective- coating' be less than a coal-tar primer coat, followed by a single application of hot coal=tar enamel 3/32 .in.. thick :± 1/32 .in. , plus; a bonded 15 lb. asbestos felt wrap, or .in lieu of the above, the coating shall be an approved substitute equal to this combination protective coating. Before .installation, electr.ical. detection methods shall',be used to locate flaws or breaks .in th'eicoating, All damaged or broken coatings shall be repaired or replaced. Installation shall be made .in such manner that ;he protective coating of carrier pipe is undamaged. . Where .installai'idn of casing .is by jacking, the wall thickness •shown .in Article 4 shall be increased by a minimum thickness of 1/16 .in. .in lieu of protective coatings. 5. ' FROTECTION'AGAINST CORROSION, cont'd: Where adjacent carrier pipe .is cathodically protected, this protection shall be extended to the casing pipe .in addition to the protective coatings. . Where such protecti.on .is. provided, the railway company shall be notified and .suitable test made to .insure that other rail way structures and facilities are adequately, protected from the cathodic current 'An accordance with the recommendations of Report of Correlating Committe'e, on Cathodic' Protection, published .in July 1951 by the :National Association of. Corrosion'Eng'ineers. PIFE LINE CROSSINGS UNDER RAILWAY TRACKS-flammable substances 7. 'SEALS Where ends of casing are below ground they -shall be suitably sealed to out- side of carrier pipe. For carrier. pipe 4 .in. and larger .in diameter the seal shall be made by an L shape rubber gasket held firmly against the ends of the casing pipe by metal band or collar. attached by stud .bolts, welded to the casing. The other leg of the L is to be held tightly around the carrier pipe by cable with .insulated union. (See Fig.3 for typical .installation. ) Upon authority of the chief engineer of the railway company an approved equal may..be used in lieu of the above. Key Block Casing Pipe Key Block Cable - Spacer Blocks Carrier Pipe '��- ----_ Suppo4 Blocks Fig. 2. Stud Bolts wclded Casing Pipe -�� to Casing c �--Cable Union _ + Rubber Gasket o O Carrier Pipe Carrier Pipe • Aircraft Cable Master Bolt-Remove / too en Flange pr�a _....- Pressure Flangc Fig. 3. 4",here ends of`casing are at'' or 'above ground surface and above high water level they may be left open;• provided draina'ge''.is: afforded .in such manner that" leakage will be' conducted away frA'Tiailway tracks' or 'structures. Where proper drainage 'ls`not' pro- vided, 'the ends' of cas ing shall be' sealed.' ` 8. VENTS Casing pipe, when sealed, shall be properly vented at both ends with vent pipes of sufficient diameter to permit free '`evaporation of water- or mo'isture';1but in no case shall they' be less' than 2' in. in diameter: ' Vent; pipe shall'be- welded'to bottom' of''' casing at lowend',' to�the top'`of cas ing at' high end, ` and ''shall extend n`ot less' than 4 ft. above "ground' surfacerwi'th' the t'op''to� a''"-Tong 'radius return bend., "_The outlets at' the top'shall"be`properly screened. Vents .in locations subject to high water shall be extended above the maximum elevation of high water and shall be supported and pro- tecte'&'I� a iranne'r that meets the' approval of the'''chief' engineer of the railway com- pany. ' .ln such casesor'-wherer the: casing;As subjected to being covered by acoumula tion of ground water; the' vent at 'low end' shall be made'' with a removable top, :in` or— der to ascertain'the 'amount of wate` r'.in' casing and 'remove -same. 'That- portion of vents` below ground level ,.hall have the same protection as the casing DII)e. PIPE LINE CROSSINGS MINDER RAILWAY 'TRACKS-flammable substances 9. :`;:DEPTH 'OF CASING The'ldepth from .bas'e of railway rail to top of' casing"at .its closest point shall not ,be less—than'5-1/2 'ft.`- On other portions of railway right-'of-way where .casing is ,not dir'e'ctly`;beneath any track, the depth from'!surface of right-of-way and from bottom of l ditches to``t'op 6f-casing, shall not be less 'than 3 ft. ' 10.- 'LENGTH ,fOF'CASING ' .',Casing shall extend toia minimum distance of 45 ft. each side fr.om . (measured at �right angles -to) center line of outside track and shall extend to the railway property- line ;.if this 'distance exceeds 45 ft. If .additional tracks are constructed for relocated .in the future, �the casing shall be extended correspondingly., 11. SHUT-OFF VALVES Except as shown below, accessible emergency shut-off valves shall be .installed within effective distances. each side of the railway as mutually agreed to by the rail- iway• cocupany and the p'ipe 'line company. Where pipe lines are provided with automatic 'control stations at�1ocations and within distances approved by the railway company, .no addit'ional,'valves shall be required. 12. ANCHORING PIPE Pipe line shall have such overburden or be so anchored and secured, .if sub- merged, as to have a safety factor against floating of at least -2.0. 13. LOCATION Pipe lines shall be located, where practicable, to cross tracks at approxi- mately right angles thereto and-shall -not be placed within a culvert, under railway bridges .nor closer than 45 ft. to any portion of any railway bridge, building or other .important structure which might be injured by leakage from or failure of the pipe line. Crossings, where possible, shall be located where the ground surface slopes downward away from the railway. i Pipe lines,� casing pipe', and vent pipes shall be at least 4 ft. (vertically) from aerial wires on railway right-of-way. All crossings carrying pressures' of 45 psi or over -shall be prominently marked on both sides of track, at the railway right-of-way line, by signs substantially worded thus-- "High Pressure. ... . . .Main. . . . . . . . .ft,. under. " Longitudinal occupancy of railway right-of-way .is highly objectionable and must be avoided'where rossible. 14. APFROVA L OF PLA1-TS Plans for proposed crossing shall be submitted to and meet the approval of the chief engineer of the railway company before .installation .is begun. Plans shall be drawn to scale, showing the angle of crossing, location of valves, .railway survey station, right-of-way lines and general layout of tracks and railway facilities near' the paint of crossing. Plans should also show a cross section along pipe line, from field survey, showing pipes in relation to actual profile of ground and tracks, and .if open cut or tunneling is necessary, shall .include details of sheeting and method of supporting tracks or driving tunnel. sEc-4f rl.71V. Rz • �/ERC'E CQ, WQ Si4�• Q • 33 34 V T/8N R2 Qor CIVRIS rY Qo. V T 7/Vk ' .' R21'K OK i i i• � h S �� . , �� i PIPE o h 14" 0.P. x .281 Wall Cr. X-52 V Min. Yield P.S.I. „52,000 Q Min. Tensile P.S.I. 66,000 -Si M P Type E.W.P.L. CASING 18" - 0, 312 Wall Grade B PLAN SC41-E' Installation of Casing - bore PRIAC/LE SCS 1LE. wwlz. go' lExh*bi v�Ar. �,•,gin' . 1. • '1a,��i%7 L�l� 1 A00 /4'Z&V Pio► 90 {: T. �;yy , . b ; ' `�Sae1•fFd.End �5t7 1 :..._.... .. �..._�..l..i_�.._.._..J..t..11.._.,._.._L.�.�..... _L...�l_.l_L_�.._�. .. .A... _ .... ...i.�..... . N. a. N..- 24 --- pp._ 913_0__-------- ---- PIERCE __ c...,a, State of W,4S1,I/NGT_pN_- DESIGN ENG-R., . PPOPOO.SED' 14"PIPELINE CUSSING All" BURLINGTON NORTHERN RAILROAD Mkia Property Management 2100 First Interstate Center 999 Third Avenue Seattle,Washington 98104-4080 (206)467-3492 February 1, 1991 Olympic Pipe Line Company Attn Invoice Processing PO Box 1800 Renton WA 98057 RE: Lease #NP95881 - Roy, WA Gentlemen: This is in regard to the rental established for the above captioned lease. We are presently reviewing rentals on our system and have determined from current data that the rental should be $50.00 per month payable annually in advance. This new rental will be effective 5-1-91, and you will receive a statement with a return envelope shortly before then. As a matter of clarification, quoting the rent for a specific period and payment in advance does not convert the lease to a definite term. This letter is a supplement to your lease, which will remain in effect except as hereby amended. Sincerely, Steve H. Myhr- Manager Real Estate 800 Central Building Seattle, WA 98104 Phone 625-6682 Olympic Pipe Line Co. February 20, 1981 P. 0. Box 236 Renton, Washington 98055 Gentlemen: Your attention is directed to the rate of rental which you pay for premises occupied under Lease No. (NP) 95881 at Rov. WA. C-,0— 4,� The rental no longer reflects a fair return on market value of the leased property and considering present day values, the rental must be increased to $25 per month, payable annually. Lease No. (NP) 95881 is thus hereby supplemented to provide that effective May 1, 1981, the rental shall be $25 per month, payable .30 D annually in advance and future billing will reflect this change. Specifying a rental rate on a monthly or annual basis and payment thereof in advance does not imply nor will it serve to convert said lease to a definite term. It has also been determined that the rate of return on special assess- ments specified in said lease is no longer adequate and, therefore, in the event of future special assessments the rental herein stipulated to be paid shall be automatically increased by an amount equal to twelve percent (12%) per annum on the total amount of the assessment chargeable against the demised premises. This letter will serve as a supplement to Lease No. (NP) 95881 which will continue in effect in accordance with its terms except as hereby supplemented and amended. Very truly yours, b , BE CcaadB F. S. Wagner 2�CLtQ Real Estate Representative FSW:f - bcc: Mr. A. W. Grauel •� Mr. 0. E. Brink IRRiGATION'CANAL, DRAINAGECANAL, WATER PIPE OR SEWER PIPE PERMIT. OR.W.17 5-64 #M-0— NORTHERN PACIFIC RAILWAY COMPANY, hereinafter called Railway Company, hereby permits 7 OLMIC PM LIldE 00MMUs a Delaware corporation, hereinafter called Permittee, to construct, operate, and maintain the following facilities upon its right of way and beneath its tracks., A 14-inch petroleum products pipe ,line extending along Railway Company's ri ht of way for its Prairie Lias in thesnd the 3Wand the -Nri' of Section* 19: Township 17 forth# Range 2 East, W.M.# at 1e2m 1� Stations in Thurston County# Stats of Washington# along the course in- dicated by RED line on the map identified as Exhibit RBe attached hereto and made a part hereof* - - This permission is given upon the following terms: 1. Permittee will pay in advance to Railway Company for this permit the sum ofThree Hundred and NoA00 Dollars ($300.00) annually, also all taxes and assessments that may be levied or assessed against said facilities. Railway Company reserves the right to change the said charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for payment shall in no way restrict Railway Company's right of termination under Paragraph 6 hereof. 2. (a) The entire cost shall be borne by Permittee, including but not limited to the cost of construction, reconstruction, repair, operation, maintenance, and removal of said facilities. The Division Superintendent of Railway Company will decide what portion, if any, of the work will be done by Railway Company, and for such portion Permittee will pay Railway Company the estimated cost be- fore the work is done. If the actual cost exceeds the estimate, permittee will pay the additional amount when called upon; if the actual cost is less than the estimate, Railway Company will repay the surplus. All work hereunder by Permittee shall be done in a first-class.workmanlike manner to the satisfaction of the Division Superintendent of Railway Company and in accordance with plans' and sp"ecifications.which he may prescribe or approve. The Division Superintendent of Railway Company shall have the right at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be replaced with like material or with material of a more permanent character; also to require additional work or change of location of said facilities as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade thereof, construction.of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of the railroad of Railway Company, all of which shall be done a't the expense of Permittee in the manner herein provided. (b) In the event that at any time hereafter any changes, alterations, or relocation of said facilities hereby covered are to be made or any other work of any kind is to be done in connection with said facilities, whether at the request of Railway Company or for any cause whatever, Railway Company may require the furnishing by Permittee or its contractor of insurance satisfactory to Railway Com- pany to protect it against any loss or damage in any way arising out of or in.any way connected with the.work. (c) In the event Railway Company deems if necessary to provide either flagmen or inspectors, or both, during the period of con- struction, reconstruction, repair, operation, maintenance, and removal of said facilities by either party as provide! for in Paragraph 2. S ), Permittee shall bear the expense incurred by Railway Company for such flaggin8 or inspection service. Railway Company W1 ll notify Permittee of the estimated cost of such flagging or inspection service, and Permittee will pay such estimated and actual cost in the some manner as provided for in Paragraph 2. (a). 3. (a) Permittee agrees that said facilities shall not at any time damage the railroad or structures of Railway Company,or be a menace to the safety of its operation, and to indemnify and save harmless Railway Company from all loss and damage to its tracks, roadbed, structures, rolling stock, and other property of Railway Company and property of third persons, and from injuries to or death of persons, including employees of the parties hereto, occasioned by the exercise of the permission hereby granted. (b) permittee hereby further agrees to hold harmless and indemnify Railway Company from and against any and all loss or damage to said facilities, the installation of which is hereby permitted on the premises of Railway Company. 4. It is agreed that the provisions of Paragraph 3 are for the equal protection of any other railroad company or companies hereto- fore or hereafter granted the joint use of Railway Company's property of which the premises upon which said facilities are located are a part. 5. Permittee shall not transfer or assign this permit without the written consent of Railway Company. 6. This permit shall endure until terminated by Railway Company. Railway Company reserves the right to terminate this permit at any time upon the giving of 180 days' notice, either by personal delivery or by mail, or by the posting of notice on the premises. Upon the expiration of the time stated in any such notice, Railway Company may forthwith expel Permittee from its premises; and at the and of the permit Permittee shall restore the premises of Railway Company to their former state. Upon termination of this permit any unearned portion of the annual charge paid hereunder shall be refunded. 7. This permit is granted subject to permits, leases, and licenses, if any, heretofore granted by Railway Company affecting the premises upon which said facilities are located. 8. Said facilities shall be constructed, reconstructed, repaired, and maintained in accordance with the specifications hereto attached, marked Exhibit "A" and made a part hereof. 9e The Permittee agrees that any contract xhioh it shall let for the construction of the facilities. on said right of way shall provide as follows: (continued on neat page) / Mi • '. s rte'^* t A. The Contractor shall indemnify and save harmless Northern Pacific Railway Company from any and all claims, suits, losses, damages or expenses on account of injuries to or death of any and 'all persons whomsoever, including the Contractor, subcontractors, employees of the Contractor, subcontractors and of said Railway Company and any and all property damage, arising or growing out of or in any manner connected with the work performed under this contract, or caused or occasioned in whole or in part by reason of the presence of the person%or of the property of the Contractor, subcontractors their employees or agents, upon or in proximity to the property of said Railway Compaq. Be The Contractor further agrees that it- will defend, at its own expense in the name and on behalf of said Railway Company all claims or suits for injuries to persons or damage to property arising or growing out of the work carried on under this contract, for which said Railway Company is liable, or is alledged to be liable. C. ' The Contractor shall carry regular Contractor's Public Liability Insurance providing for a limit of not less than $500,000 for all damages arising out of the bodily injuries to or death of one person, and subject to that limit for each person, a total limit of $1,000*000 for all damages arising out of bodily injuries to or death of two or more persons. in any one accident, and for a.limit of not less than $500,000 for all damages arising out of damage to or destruction of property in any one accident, and subject to that limit, a total (or aggregate) limit of $1,000,000 for all damages arising out of damage to or destruction of property during the policy 'period. All such policies and endorsements thereto, shall be executed by a corporation qualified to write the same in the State of Washington, shall be approved by said Railway Company as to the insurance company writing same, the amount, form and substance thereof. The Contractor shall prooure and furnish to said.Railway Company, prior to the entry upon or use of said Railway Company,s property by the Contractor, the insurance policy, or in lieu thereof a certified copy of such policy, ' together with an endorsement thereto, wader the terms of v ich the insurance aoWany ineures - the liability assumed by the Contractor hereunder, substentially in the foe of Special Endorsement attached hereto and made a part hereof. _-�.�__ kar+,a-s—, t....--_.:.-s-•,r.-..._--e-.,,..:.r._..___....,.._... -.,,=��- .. .Ys.. _ _ _.ac..n�_s�"_..x,-_t^-' _ SPECIAL ENDORSEMENT (Northern Pacific Railway Company) In consideration of the premium at which this policy is written9 it is agreed that: 1. Any exclusion or provision appearing in this policy or in any en- dorsement attached thereto.. eliminating coverage for any obligation or liability assumed by the insured under any contract or agreement or fbr damage or injury to or destruction of property occupied or used byp or in the care, :custody or control of the insured is deleted.. bpt only as respects that contract entered into between and dated s and the insuring agreements are hereby extended to cover the obligations assumed by the contractor under the terms of the following provisions of said contract: "The Contractor shall indemnify and save harmless the Northern Pacific Railway Company from any and all claims, suits,, lossesp damages or expenses on accountof injuries to or death of any and all persons 'whomsoever.. including the Contractor.. subcontrao4 tors, employees of the Contractor.. subcontractors and of said Railway Company, and any and all property damage.. arising or grog ing cut of, or in any manner connected with the work performed under this contract, or caused or occasioned in whole or in part by reason of the presence of the person or of the property of the Contractor, subcontractors, their employees or agents., upon or in proximity to the property of said Railway. Comparq." OThe Contractor further agrees that it will defend9 at its own expense, in the name and 'on behalf of said Railway Company.9 all claims, or suits for injuries to persons or damage to property arising or growing out of the work carried on under this contractp for which said Railway Company is liable, or is alleged to be. liable." 2. The Northern Pacific Railway Company and any other railroad company or companies heretofore or hereafter granted the joint use of the Northern Pacific Railway Company's property are named as additional insureds under this policy9 but only as respeots the coverage required by the above oon- traot. 3. The cancellation period provided for under this policy shall be extended to 30 days$ but only as respects the coverage required by,the above contract. NORTHERN PACIFIC RAILWAY COMPANY R.M.142 EXHIBIT A SPECIFICATIONS FOR FIFE LINE CROSSINGS UNDER RAILWAY TRACKS FOR FLAMMABLE SUBSTANCES 1. SCOPE Pipe lines included under these specifications are those .installed to carry oil, gas, gasoline or other flammable or highly volatile substances under pressure. -2. INSTALLATION Pipe lines under railway tracks and across railway right-of-way shall be en- cased in a larger pipe or conduit called the casing pipe, in accordance with these specifications and as indicated in Fig.l. Pipe lines shall be .installed under tracks by boring or jacking, if practicable. Any replacement of a carrier pipe or a casing pipe shall be considered a new installation, subject to the requirements of these specifications. Should railway company lower .its ditch grade, permittee shall lower pipe line to 31 depth under .new ditch grade. 5ig9n See SNote 3 — R No+e 4 , Scram 2f 45FtWin) 45F+Pip) _ See Note 2 See Note 27— Ground 51 17 SurFoee See +e3 — 4tF�(Min) J Coupling \ I \ \ F seehhllote6 bed 5Ft6In(Min� — /, a l� X gLL 3Ft(Min) 3Ft(Min) S; -°� a� /-CasingPipe Seal Metal Bond errt pipe at low end Vent pipe at b' 17 See Note 5 of casing to be welded end of casing to be welded to bottom of casing. to top of casing.5eeNote I. See Note I. NOTE' 1.Seal and vent pipe not required if casing ends above ground where drainage is available. 2.Casing pipe shall extend be-fond limit of railway right-of-way if necessary to provide a minimum distance of 45 ft measured at right angles From center line of the out- side track. See article f0 for futiae e:tensiona. 3.Signs to indicate location of pipe line of right-of-way line ore required for crossings carrying pressures of 45 psi or over. 4.Carrier pipe,per these specifications,shall extend.each side of crossirxj,a minimum distance of 100 ft measured at riggbt ogles from center line of the outside track or 40ft beyond end of cosine,whichever is greater. 5.Metal bard nat required if adrcent carrier pipe is sane wall thickness as carrier pipe thru cros'51 6.Vent of low end of casing shall have removable top,in locations where casing is subjected to being covered by water,in order to ascertain and remove any water inside or coming. 3. CARRIER FIFE Fig. 1. Carrier line pipe inside of casing under railway tracks and right-of-way shall conform to the requirements of ASA B31. 1-1951, Code for Pressure Piping, Section ,2, Division 1, for gas lines, and Section 3, Division A for crude oil and liquid petro- leum products lines, except that the allowable working stresses for design shall not be more than 90 percent of those permitted by the ASA Code. The minimum wall thickness for steel or wrought iron carrier pipe shall be 0.2 .in. , except for pipe lines-1-1/12 in. in diameter and smaller, operating at pres- sures less than 100 psi, where_ thickness not less than that specified for extra strong steel pipe by the U. S. Department of Commerce, National Bureau of 'Standards may be used. Requisites for carrier line pipe in conformity with the above shall apply for a minimum distance of 100 ft. from (measured at right angles to) center line of out- side tracks, or 40 ft-. beyond the ends of casing, whichever is. greater. :'here the wall thickness of the connecting carrier pipe on either side of the crossing is less than that specified above, a band of the same metal as the thicker pipe, 3 times its thickness and not less than 12 in. wide, shall be closely fitted around the outside of, and welded to the thicker carrier pipe close to the joint where connection is made to the thinner wall carrier pipe. PIPE LINE CROSSINGS TINDER RAILWAY -TRACKS-flammable substances 4. CASING PIPE Casing pipe and joints shall be of metal and shall be of a rigid, leakproof construction, capable of withstanding railway loading. WALL THICKNESS FOR 'STEEL* Casing Pipe for E 72 Loading (Including :Impact) Min.'Thickness Diameter of Pipe Min.Thickness Diameter of Pipe 'Inches Inches 'Inches Inches I 1/4 . . .. . ... 6, 8, 10, 12, 14 and 16 1/12 .. . . . . . . 30, 32 and 34 5/16 . . . .... . 18 and 20 9/16 . . . . .. . .. 36 and 38 3/8 22 and 24 5/8 . . . . . .. . 40 and 42 7/16 •. .. . . . 26 and' 28 ,*Thickness .is for steel pipe having a minimum yield -strength of 35,000 .pai. Adjust thickness as .necessary for other grades of pipe, except that thickness of pipe shall not be less than 1/4 .in. Class 150 cast iron pipe maybe used for 12 .in. and under and Class 250 shall be used for over 12 in. , 'provided the method of .installation .is by open trench and prior approval has been secured from the chief engineer of the railway company. The .inside diameter of the casing pipe shall be at least -2 .in. greater than the largest outside diameter of the carrier pipe, joints or couplings, for carrier pipe less than 6 .in. .in diameter; and at least 4 in. greater for carrier pipe 6 .in. and over .in diameter. It shall, .in all cases, be great enough to allow the carrier pipe to be removed subsequently without disturbing the casing pipe or roadbed. Casing pipe shall 'be so constructed as to prevent leakage of any matter from the casing or conduit throughout .its length under track and railway right-of-way except at ends of casing-or conduit where ends are left open, or through vent pipes when ends are sealed to outside carrier pipe. Casing shall be so installed as to prevent the formation of a waterway under the railway and with an even bearing through- out its length, and shall slope to one end. 5. PROTECTION AGAINST CORROSION Both .casing pipe and carrier pipe within the crossing shall receive exter- nally the same protective coating which .is applied to the carrier pipe adjacent to the crossing, except that .in no case shall the protective coating be less than a coal-tar primer coat, followed by a single application of hot coal-tar .enamel 3/32 in. thick:' 1/32 .in. , plus a bonded 15 lb. asbestos felt wrap, or .in lieu of the above, the coating shall be an approved substitute equal to this combination protective coating. Before -installation, electrical detection methods shall be ,used to locate flaws or breaks .in the coating. All damaged or broken coatings shall be repaired or replaced. Installation shall be made in such manner that -;he protective coating of carrier pipe is undamaged. % Where .installation of casing .is by jacking, the wall thickness shown .in Article 4 shall be increased by a minimum thickness of 1/16 in. .in lieu of protective coatings. 5. FROTECTION AGAINST CORROSION, cont'd: Where adjacent carrier pipe .is cathodically protected, this protection shall be extended to the casing pipe .in addition to the protective coatings. Where such protection .is provided, the railway company -shall be notified and suitable test made to .insure that other railway structures and facilities are adequately protected from the cathodic current .in accordance with the recommendations of Report of Correlating Committee on Cathodic Protection, published in July 1951 by the National Association of Corrosion Engineers. PIPE LINE CROSSINGS UNDER RAILWAY TRACKS-flammable substances 7. SEALS Where ends of casing are below ground they shall be suitably sealed to out- side of carrier pipe. For' carr.ier pipe 4 -in. and larger .in diameter the seal shall be made by an L shape rubber gasket held firmly against the ends of the casing pipe by metal band or collar attached by stud bolts, welded to the casing. The other leg of the L is to be held tightly around the carrier pipe by cable with Ansulated union. (See Fig-3 for typical installation. ) Upon authority of the chief engineer of the railway company an approved equal may be used in lieu of the above. Key Block Casing Pipe Key Block Cable Spacer Blocks Carrier Pipe -_ _ ----- Support blocks Fig. 2. S+ud Bol+s welded �Casinc' Pipe -1�' +o Casin c; U,—LIQUR Cable Union ubber Gaske+ -- o 0 Carrier Pipe Carrier Pipe Aircraf+ Cable / Maser Bol+-Remove +o open Flange Pressure Flanqc Fig. 3. Where ends of casing are at or above ground surface and above high water level they may be left- open, provided drainage .is afforded An such manner that leakage will be conducted away from railway tracks or structures. Where proper drainage is not pro- vided, the ends' of casing shall be sealed. S. VENTS Casing pipe, when sealed, shall be properly vented at both ends with vent pipes ofTsufficient diameter to permit free 'evaporation of water or moisture;- but in no case shall they be less than 2 in., in diameter. Vent pipe shall be welded to bottom of casing at low erd-, to the top of casing at high end, and shall- extend not less than 4 ft. above ground-sutface with thetop to a long radius return bend. The outlets at the top shall be-'properly screened. Vents in locations subject to high water shall be extended above the maximum elevation of high water and shall be supported and pro- tected ij� a manner that meets the approval of the chief engineer of the railway com- pany. In such cases, or where the casing -is subjected to being covered by accumula- tion of ground water, .the vent at low end shall be made with a removable top, :in or- A-" +n acnoTtain tha mmni nt. of wgtP.r in caGing anti remnve same_ That rortion of vents PIPE LINE CROSSINGS UNDER RAILWAY TRACKS-flammable substances 9. DEPTH OF CASING The depth from base of railway rail to top of casing at -its closest point shall not .be less than 5-1/2 ft. On other portions of railway right-of-way where casing is not directly beneath any track, the depth from surface of right-of-way and from bottom of ditches to top of-casing, shall not be less than 3 ft. 10. LENGTH OF CASING Casing shall extend to a minimum distance of 45 ft. each -side from . (measured at right angles to) center line_ of outside track and shall extend to the railway property line Af this distance exceeds 45 ft. :If additional tracks are constructed or relocated in''the `future, the casing shall be extended correspondingly." 11. SHUT-OFF VALVES Except as shown below, accessible emergency shut-off valves shall be .installed within effective distances each side of the railway as mutually agreed to by the rail- way company and the pipe line company. Where pipe lines are provided with automatic control stations-at'' locations and within distances approved by the railway company, .no additional valves shall be required. 12• ANCHORING PIPE Pipe line shall have such overburden or be so anchored and secured, .if sub- merged, as to have a safety factor against floating of at least -2.0. 13.* LOCATION Pipe lines shall be located, where practicable, to cross tracks at approxi- mately right angles thereto and shall not be placed within a culvert, under railway bridges mor closer than 45 ft. to any portion of any railway bridge, building or other .important structure which might be injured by leakage from or failure of the pipe line. Crossings, where possible, shall be located where the ground surface slopes downward away from the railway. Pipe lines, casing pipe, and vent pipes shall be at least 4 ft. (vertically) from aerial wires on railway right-of-way. All crossings carrying pressures of 45 psi or over shall be prominently marked on both sides of track, at the railway right-of-way line, by signs substantially worded thus-- "High Pressure. . . . . .Main. . . . . . . . . ft. under. " Longitudinal occupancy of railway right-of-way -is highly objectionable and must be avoided where uossible. 14. APPROVAL OF PLANS Flans for proposed crossing shall be submitted to and meet the approval of the chief engineer of the railway company before .installation .is begun. Plans shall be drawn to scale, showing the angle of crossing, location of valves, railway survey station, right-of-way lines and general layout of tracks and railway facilities near the point of crossing. Plans should also show a cross section along pipe line, from field survey, showing pipes in relation to actual profile of ground and tracks, and if open cut or tunneling is necessary, shall .include details of sheeting and method of supporting tracks or driving tunnel. The execution of the work on railway right-of-way, Ancluding the supporting of track, shall be subject to the .inspection and direction of the chief engineer or January 9, 1975 Olympic Pipeline Company P. 0. Box 236 Renton, Wa. 93055 Gentlemen: Your attention is directed to the rate of rental which you pay for premises occupied under the following agreements: No. 95854 Seattle No. 95865 Thcoma No. 95369 Reservation No. 95877 Rainier No. 95379 Yelm Lio. 95,61 Roy No. 9568E Ye lra No. 95834 Black River No. 200,236 " In view of tae economic chanes vaicii cave occur.ed curing thca past several years, the rental reserved in sail li:ases no ionger reflects an adequate return on the value of the property occupied under said agreements. Coasiderfng present day ,rices, tne current wouey rdaxt et and otaus related factors, we iiave coneivaea that cite rental for the suuje ut property must be increased as follows. No. 95854 $756 per year Effective Nay 1, '1075 No. 95666 $125 :. ;T rr .f No. `I5869 T.,S rt er rr n No. 95677 $125 No. 95379 $125 No. 95381 $125 " " It It No. 95332 $375 n n n a No. 95384 $125 n It n w No.200286 $125 The above agreements are hereby supplemented to'provide that rental shall be as shown above and future billiag, will reflect this change. Specifying a rental rate on an annual basis and payment thereof in advance does not imply nor will it serve to convert said agreements to a definite term. Yours very truly, Olympic Pipe Line Co. March 8, 1978 P. 0. Box 236 Renton, WA 98055 File: Lease (NP) No. 9° Gentlemen: Your attention is directed to the rate of rental which you pay for premises occupied under lease No. (NP) 95882, at Yelm, Washington. In view of the economic changes which have oeourred during the past several years, the rental in said lease no longer reflects an adequate return on the value of the property occupied under said lease. Considering present day values, the current money market and other related factors, we have concluded that the rental for the subject property must be increased to $45 per month, payable annually in advance. Lease No. VP) 95882 is thus hereby supplemented to provide that effective May 1, 1978, the rental shall be $45 per month, payable annually in advance and future billing will reflect this change. Spedit ing a rental rate on a monthly or annual basis and payment thereof in advance does not imply nor will it serve to convert geld lease to a definite term. It has also been determined that the rate of return on special assessments specified in said lease is no longer adequate and, therefore, in the event of future special assessments the rental herein stipulated to be paid shall be automatically increased by an amount equal to twelve percent (12%) per annum on the total amount of the assessment chargeable against the demised promises. This letter will serve as a supplement to base No. (NP) 95882 which will continue in effect in accordance with its terms, except as hereby supplemented and amended. Very Tis• I B Car industrial Dprr+ent and Date 3I/ Property Management Dept. F. S. Wagner MAR 13 1978 Beal Estate Representative JCK� - - JCw .Ja' - bcc: ,Mr. A. W. Grauel Mr. D. E. Brink T� i 800 Central Building Seattle, WA 98104 Phone 625-6682 Olympic Pipe Line Company February 20, 1981 P. 0. Box 236 Renton, Washington 98055 Gentlemen: Your attention is directed to the rate of rental which you pay for premises occupied under Lease No. (NP) 95882 at Yelm, WA. The rental no longer reflects a fair return on market value of the leased property and considering present day values, the rental must be increased to $60 per month, payable annually. Lease No. (NP) 95882 is thus hereby supplemented to provide that effective May 1, 1981, the rental shall be $60 per month, payable -7 a D annually in advance and future billing will reflect this change. Specifying a rental rate on a monthly or annual basis and payment thereof in advance does not imply nor will it serve to convert said lease to a definite term. It has also been determined that the rate of return on special assess- ments specified in said lease is no longer adequate and, therefore, in the event of future special assessments the rental herein stipulated to be paid shall be automatically increased by an amount equal to twelve percent (12%) per annum on the total amount of the assessment chargeable against the demised premises. This letter will serve as a supplement to Lease No. (NP) 95882 which will continue in effect in accordance with its terms except as hereby supplemented and amended. Very truly yours, L B. X Ccirda F. S. Wagner Real Estate Representative FSW:f / bcc: Mr. A. W. Grauel ' F=3 27 '�g1 Mr. D. E. Brink '+_t January 34, 1987 ®lyeepic Pipe Line Company. 2319 Lind Avenue Southwest P. Q. Sox 235 Renton, WA 98057 Gentlemen: RE: Lease 895882 - Yelm, Washington Tb i s is in regard to the rental es tabl i shed for the above captioned lease. It has been several years since the rental was reviewed or adjusted. We are presently reviewing rentals on our system and have datemined froaf current data that the rental should be $80.00 per month payable annually in advance. This new rental will be effective May 1, 1988, and you will receive a statement with a return envelope shortly before these. As a matter of clarification, quoting the reset for a specific period and payment in advance does not convert the lease 0 a definite tern. This letter is a supplement to your lease, wbich will gain in effect except as hereby amended. Sincerely, G. F. Sullivan t a '8`9 Supervisor - Rental Adjustments '.WsOI30.6 =`bee: 9. L. Nichols BURLINGTON NORTHERN RAILROAD Property Management 2100 First Interstate Center 999 Third Avenue Seattle,Washington 98104-4080 (206)467-3492 April 2, 1990 _ Olympic Pipeline Company Attn: Invoice processing PO Box 1449 $b 0 Renton, WA 98057 RE: Lease #NP95882 - Yelm, WA Gentlemen: This is in regard to the rental established for the above captioned lease. We are presently reviewing rentals on our system and have determined from current data that the rental should be $120.00 per month payable annually in advance. This new rental will be effective 5-1-90, and you will receive a statement with a return envelope shortly before then. As a matter of clarification, quoting the rent for a specific period and payment in advance does not convert the lease to a definite term. This letter is a supplement to your lease, which will remain in effect except as hereby amended. Sincerely, Steve H. Myhr Manager Real Estate LATELLU -S March 31, 1997 Olympic Pipe Line Company. Attn: Invoice Processing P.O. Box 1800 Renton, WA 98057 RE: Lease#NP 95882 Location: Yelm, WA Dear Lessee: This is in regard to the rental established forathe above captioned lease. We are presently reviewing rentals on our system and have determined from current data that the rental should be$2,500.00 per annum, payable annually in advance. This new rental will be effective May 1, 1997, and you will receive a statement with a return envelope shortly before then. As a matter of clarification, quoting the rent f6r a specific period and payment in advance does not convert the lease to a definite term. This letter is a supplement to your lease, which will remain in effect except as hereby amended. Sincerely, Rebecca A. Schwan Area Property Manager (206) 625-6391 CATELLUS MANAGEMENT CORPORATION 2100 FIC,999 THIRD AVENUE•SEATTLE,WASHINGTON 98104•TEL 206 625-6381 FAx 206 625-6402 ELECTRIC LINE CROSSING PERMIT N.. 96020 Jt. w/GN — gars R q NORTHERN PACIFIC RAILWAY COMPANY, hereinafter called Railway Company, hereby grants permission to PUGET SOUND POWER & LIGHT CWANY, a Washington corporation, hereinaftet.called„permittee,,to construct, e maintain, and operate an electric line with the necssary poles, crossarms, wires, conduits, and other fixtures appurtenant thereto across the premises of Railway Company along the course described as follows: Crossing Railway Company's 100-foot right of way for its Prairie Line in the SE:1KNF4 of Section 4, Township 17 North, Range 2 East, W.M., in the County of Pierce, State of Washington, near Roy station, making an angle of 880 151 in the southwesterly quadrant with the center line of Railway Company's main track as now constructed and intersecting said center line at a point- therein distant 518 feet southwesterly, measured along said center line, from Mile Post 21 (which mile post is 1470 feet southwesterly, measured along said center line, from the north line of said sectlon). / This permission is given upon.the,fol lowing terms: ''5C U,�/ 1. Permittee will pay in advance f orty five and no/100 dollars ($4 .00) for the first five-year period and twenty and no/100 dollars ($20.00) for each subsequent five years that this permit remains in effect and will also pay all taxes and assessments that may be levied or assessed against the improvements, Railway Company reserves the right to change the said charge at any time while this permit re- mains in effect upon thirty (30) days' written notice. The provision for payment for each five years in no way impairs Railway Com- pany's right to terminate this permit pursuant to Paragraph 10 hereof. 2. The electric line and appurtenances shall be constructed.and maintained in accordance with the National Electric Safety Code and laws of the State of Washington and in accordance with plans heretofore submitted by Permittee and approved by Railway Company. 3. All cost of construction and'maintenance shall be paid by Permittee. The Superintendent of Communications of Railway Company will decide what portion, if any, of the work will be done by Railway Company, and for such work Permittee will pay the estimated cost thereof before the work is commenced. If the actual cost exceeds the estimate, Permittee will pay the additional amount when called upon, and if the actual cost is less than the estimate Railway Company will repay the surplus. 4. If in the judgment of the Superintendent of,Communications of Railway Company, the construction or maintenance of the elec- tric line herein contemplated necessitates any change or alteration in the location or arrangement of any other electrir wires or ap- purtenances located upon the premises of Railway Company, the cost of such change or alteration will.be paid by Permittee. 5. Railway Company shall have the right to decide the necessity of repairs to said electric line or appurtenances and upon written request from Railway Company Permittee shall promptly make such repairs. If at any time it becomes necessary in the judg- ment of Railway Company for reasons of safety or otherwise, to change the location, elevation, or method of construction of the electric line and appurtenances, such changes will be made by Permittee within thirty days after.being requested to do so and in f such manner as Railway Company shall direct. 6. The electric line shall be used for the sole purpose of conducting electric currents at a potential not to exceed72,OO volts: 7. This permit shall be binding upon, and inure to the benefit of the parties, their successors and assigns; provided, however, that Permittee shall not assign this permit or any interest therein without Railway Company's written consent. 8. Permittee agrees that the wires and appurtenances and the use of the some for conducting electric current shall not damage the railroad or structures of Railway Company, or the property of The Western Union Telegraph Company, or any other property upon the premises of Railway Company, or be a menace to the safety of Railway Company's operations or any other operations conducted. on said premises. Permittee does hereby release, indemnify, and save harmless Railway Company and The Western Union Telegraph Company, their successors and assigns, from and against all loss, damages, claims, demands, actions, causes of action, costs, and expenses of every character which may result from any injury to or death of any person whomsoever, including 6�;t not limited to em- ployes and agents of the parties hereto, or from loss of or damage to property of any kind or nature to whomsoever belonging, includ- ing but not limited to property owned by, leased to, or in the care, custody, and control of the parties hereto, when such injury, death, loss, or damage is caused or contributed to by, or arises from, the construction, installation, maintenance, condition, use, operation, or existence of said electric line upon such railroad premises. 9. After the completion of construction of said electric line and appurtenances or any repairs thereto, Permittee shall remove, from the premises of Railway Company, to the satisfaction of the Superintendent of Communications of Railway Company, all false work and equipment used in the installation or repair work. 10. Railway Company shall have the right to terminate this permit, and the some shall terminate, at the expiration of ninety (90) days after the giving of written notice of intention to terminate the some. Any such notice shall be good if deposited in the United States mails addressed to Permittee at P. 0. Box 267, 013llflpla, Washingtm - If Permittee shall fail to remove any material or property owned by it within the time prescribed in a notice of termination, Railway Company may appropri- ate such property to its own use without compensation, or may remove the some at the expense of Permittee. 11. It is understood by the parties that said electric line will be in danger of injury or destruction by fire or other causes incident to the operation, maintenance, or improvement of the railway, and Permittee accepts this permit sub'ect to such dangers. It is there- fore agreed,'as one of the material considerations of this Permit, without which the some would not Le granted, that Permittee hereby assumes all risk of loss, damage, or destruction to said electric line without regard to whether such loss be occasioned by fire or sparks from locomotive engines or other causes incident to or arising from the movement of locomotives, trains, or cars of any kind, misplaced switches, or in any respect from the operation, maintenance, or improvement of the railway, or to whether such loss or damage be the result of negligence or misconduct of any person in the employ or service of Railway Company, or of defective appli- ances, engines, or machinery, and Permittee does hereby save and hold harmless Railway Company from all such damage, claims, and losses. . 12. It is agreed that the provisions of Sections 8 and 11 are for the equal protection of any other railroad company or companies heretofore or hereafter granted the joint use of Railway Company's property upon which the above described electric current line is located. 13. This permission is granted subject to permits, leases, and licenses, if any, heretofore granted by Railway Company affect- ing the premises upon which said electric line is located. N., R. E.W. in. I I I �jJ trI f ,0 I T ..p.TRK C'+75 I t � P L I� A ti u_ ' S , rte- n L';h I 72;7G V. �lC' A- t�i -.-E-, ��.`0 a l I, r; Tr'J f�' III v - _ mil' u1 w r /;4 UTiL.S _Sl'Y fl II ..min. U 1 f ' ul N T Not Jt:-Ca:r: f IRRIGATION CANAL, DRAINAGE CANAL, WATER PIPE OR SEWED PIPE PERMIT. R.W1.17 5-64 t, No. 97220 NORTHERN PACIFIC RAILWAY COMPANY, hereinafter called Railway Company, hereby permits TOWN OF YELI`'I, a municipal corporation of the State of Washington, hereinafter called Permittee, to construct, operate, and maintain the following facilities upon its right of way and beneath its tracks in the Town of Yelm, County of Thurston, State of Washington: A 10-inch water pipeline encased in an 18-inch reinforced concrete pipe crossing Railway Company's right of way for its Prairie Line in the S64 NE;. of Section 19, Township 17 North, Range 2 East, W.M., intersecting the center line of Railway Company's main track as now constructed at a point therein, distant, 917 feet southwesterly, measured along said cen- ter line, from. Mile Post 25 (which mile post is at engineers' survey station 1319+35.7 in said center line) . Also, a 6-inch water pipeline encased in a 12-inch reinforced concrete pipe crossing said right of way in the SW,!.SG41 of said section and inter- secting the center line of Railway Company's main track as now constructed at a point therein, distant 3965 feet southwesterly, measured along said center line, from Mile Post 25. This permission is given upon the following terms: y 1. Permittee will pay in advance to Railway Company for this permit the sum offorty five and no/100 dollars : r( ($45.00) for the first 5-year period, and twenty and no/100 dollars ($20.00) for each 5-year period thereafter, also all taxes and assessments that may be levied or assessed against said facilities. Railway Company reserves the right to change the said charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for payment shall in no way restrict Railway Company's right of termination under Paragraph 6 hereof, 2. (a) The entire cost shall be borne by Permittee, including but not limited to the cost of construction, reconstruction, repair, operation, maintenance, and removal of said facilities. The Division Superintendent of Railway Company will decide what portion, if any, of the work will be done by Railway Company, and for such portion Permittee will pay Railway Company the estimated cost be- fore the work is done. If the actual cost exceeds the estimate, Permittee will pay the additional amount when called upon; if the actual cost is less than the estimate, Railway Company will repay the surplus. All work hereunder by Permittee shall be done in a first-class workmanlike manner to the satisfaction of the Division Superintendent of Railway Company and in accordance with plans and specifications which he may prescribe or approve. The Division Superintendent of Railway. Company {shall have the right at any time when in his judgment it become s'necessary'or advisable; to require any material u'sed in th&worV to ee replaced with like material or with material,of,_q more.permanent,character; also to-require-additional work or change of. location of;§aid-facilities as a matter of safety, or of appearance', or on account of additional tracks being laid, change of grade, thereof, 'construction of a building, or for any other reason whether or not ctinhe'cfed`viith the operation, niaintendrice,'or' mproverrieni'df 'the rdffhoatf'of Ra1Iway'Company, all of which, shall ,be,don e.at.the.expense of permittee in :the manner:here.in,provided. f•::;I2 r"+ ^ '.' (b) In the event that at any time hereafter'any changes, alterations; or,relocation of said:facil.ities hereby coyered are to be made or any other work of any kirid is to be'dor 6 in connection with'said'facidities; v'kether at'the request of'f dilway Company or for any cause whatever, Railway Company.may require the;furnishing by-Permittee or i,ts contractor'of insurance satisfactory to'Railway Com- pany to protect it against dnyloss or damage in any way'arising out of or in any wary connected with the—work..., , (c) In the event Railway 'Campony deems fit necessary'to provide either flagrneri or inspectors,`or'both`r during the period of con- struction, reconstruction, repair, operation, maintenance, and removal of said facilities by either,par,ty, as: provided.;for in Paragraph p 2, (a), Permittee shall bear the expense incurred by Railway Company,.,for.such f.lagginc or inspecti,on,•seni.ce., ,l�ail.way Company will notify'Permi'ttee of,the esffriidted cost o•f sdchr'flagiging'or i'n5pection sersice, and 0erinitteej will psuch esf'imafed and actual cost in the same manner,.Qs Provided for'jn.:PPragrgph 2. (a) . .; i."+� i Ct' ' r( j 3. (a) Permittee,,agrees that said„faciliti.es_shall.not at.arty time damage the railroadror:structgresrof Railway Company;or.ibe a menace to'tlie safety of its operation, and to indemnify and save harmless Railway Company,from 1611 loss,a d damage to its tracks, roadbed, structures,`rolling stock;.and'dther'peoperty of'Rai lwoy Compahy and property of thi''' person's, aria frorSl injUiies to or death of persons,.includingemp.lo,yees of,the•parties hereto, occasioned by-the exgrciselof the permission'hereby granted:;;;"i';. (b) permittee liereby Further agre6s to hold harmless and indemnify Railway Company from dnd against any and,allrloss,or damage td.said focilitiesy'fhe in'sfallatlon 6f^wbich1's-hereby`per'mftted on the premises of Rdilway C8'1'616nq. " 4. It is agreed fhat'the provisions'of'P'aragrdph;3 dre 10rAe'equal prote'ctio'n of any-other!railroad company or.compan'ies hereto- fore or hereafter granted the joint se of Rai l.way,,Company's.property;of,which,the.premiseswoort whjch•sai'dfa.cilities are:-.located are a part: .. r 5. Permittee shall not transfer or assign this permit'without the written consent of'Ra'ilwuy Company. 6. This permit sha(I endure Lntif terminated by Railway Cornpany. ^ailway Company reserves the right to terminafe this permit at any time upon the giving of ni,ne'(',y .(9O) days' notice, either by personal delivery or by mail, or by the posting of notice on the premises.'Upoh the expiratioh of the time'sfated in any such notice, Railway Company may forth,ith expel Permittee from its premises; and at the end of the permit Permittee shall.resto.re,thOpremises of-Railway-Corn -to their.former•state: Upon termfhation of this permit any unearned portion of the annual charge p.aid`hereunaer-shell be refunded, ' 7. This permit is granted subject to permits, leases; and licenses, if any; heretofore granted by Railway Company affecting the premises upon'which said facilities are located:'- 8. Said facilities shell be' constructeil; reco'n'structed, repaired,•dnd maintaihed in'accotddn:ce`w'ifli'the s'pe'cifications hereto attached, marked Exhibit "A” and made a part hereof. 9. The Permittee agrees that any contract which it shall let for the construction of. said water..pipe�ines on, said, right .of .way.shall .provide as,,fol.lgws: (Paragraph 9''Continued 'on Reverse Side) ' 1 -a.' ,.J,... <r-, 704A Paragraph 9 Continued (a) The Contractor shall bear the cost of flag protection and removal & replacement of the tracks by Railway Company forCee ' (b) The Contractor shall indemnify and save harmless Northern Pacific Railway Company from any and all claims, suits, losses, damages or expenses on account of injuries to or death of any and all persons whomsoever, including the Contractor, subcontractors and of said Railway Company and any and all pro- perty damage, .arising or growing out of or ih any manner connected with the work performed under this contract, or caused or occasioned in whole or in part by reason of the presence of ''the'persdh br of 'the' 'propefty of the Contractor, sub- contractor, .their. employees, or agents,• upon ,or.in proximity;to the property of said Railway Company. r (c) The Contractor further agrees that it will defend, at its own ex- pense in the name and on behalf of said Railway Company all claims or suits or injuries to persons or damage to property,arising or growing out of the work carried on under this contract, for which said Railway Company, is liable, or is alleged to be, liable. (d) The Contractor' shall carry regular Contractor's Public Liability Insurance providing for a limit of not less than $250,000 for all damages aris- ing out of the bodily injuries to or-death of one person, and subject- to-that limit for each person, a total limit of : 500,000 for all damages.arising out of bodily injuries to or death of two or more persons in any one 'accident, and for a limit of not less than $250,000 for all damages arising out of damage to or destruction of property in any one accident, and subject to gnat limit `.a total, (or aggregate) limit of .$500,000 for all damages arising out of damage -to or destruction of property during the policy period. All such policies, and endorsements thereto, shall be executed by a corpcgration qualified 'to write 'tie. same in the State of Washington, shall be approved by said Railway Company as to the insurance company writing same, the amount, form and' substance thereof. The Contractor shall procure and furnish to said Railway Company., prior to the entry upon or use of said Railway Company's property by the Contractor, the insurance policy, or in lieu thereof a certified copy of such policy, together with an endorsement thereto, under the terms of which the insurance company in-, sures the liability assumed.by the Contractor hereunder, -substantially in the . form of Special Endorsement, attached hereto and made a part hereof.,: �193 S z 5 F37v.R �9 ood.Xi fir I' B':a I366��4 ��. 64+63.3.Wq Fc. i 150 i i t50 .UJI7.. !� 59427-16 Rd • I I �' I Y 1 r , r' is i : � ; •" _ Iii , 53 t4t.0 Sunk Ho i 15I¢�169E.£:DEPOT:m`1 •moi ... .;. ® .� - I -,.. .tl��,^,t�1�1r--�'.� -W� � � r :. . . 134908 9 GtT.�QRC�'tl:Xt1� 4 , .,...:, _.. ,--.,� , __,•, s -. -- �� ,• M � I ,I ,i I24 ' ��I i ;: .,, 'f is � V .'•I":13-$3}830NB'9F.-teal , ippgg. I • r ,. .. � .H.13.td.72.5 -o+o art I ' o I I 39J41.1WgFC. ' , I � + . r I I. " 1� •b. 9 CL I 13�3tss�4ea: BRIDGE Ato"25'" I ' 136S+ga 2 g a' 4P.B. ' 1 i i I I FdrmP.LD.'502 NORT}-1ERN PACIFIC RAILWAY COMP iNY 6-65 EXHIBIT "A" Specifications for Pressure Pipe Line Crossings under Railway Tracks for Non-Flammable Substances. 1. Pipe lines included under these specifications are those installed to carry steam, water, or any non-flammable substance which from its nature or pressure might cause damage ifescaping on or in the vicinity of railway property. 2. Pipe lines under railway track shall be encased in a larger pipe as per sketch at bottom of this Exhibit. 3. Carrier line pipe inside the casing under the railway track and right-of-way shall be of approved construction. Carrier line shall be subjected to a pressure. test .of 50 pounds greater than'the maximum working pressure for the line and must remain tight when tested. 4. Casing'pip.e and joints may be of any approved conduit construction and shall be capable of withstanding the load of railway roadbed, track and traffic; also shall be so con- structed as to prevent leakage of any matter from the casing or conduit throughout its length under the track and railway right-of-way except at the ends of the casing or con- . duit when the ends are left open. The casing shall be so installed as to prevent the formation' of a waterway under the railway. Approved casings are as follows: Cast Iron Pipe -- Extra Heavy, ASTM A-142-38. Concrete Pipe -- ASTM C-76-57T Class IV, Wall B, circular reinforcement in circular pipe, for pipes installed with less than 15 feet be- tween top of pipe and top of tie. ASTM C-76-57T Class V, Wall C, circular reinforcement in circular pipe, for pipes installed with greater than 15 feet between top of pipe and top of tie. Corrugated Metal Pipe - Gauge and coating subject to review by Railway Company. Casing shall be installed with even bearing throughout its length and shall slope to one end. The inside diameter of the casing shall be at least 2 inches greater than the largest outside diameter of the carrier pipe, joints, or couplings. 5. Where the ends of the casing are below ground they shall be suitably protected against- the entrance of foreign material, which might prevent ready removal of the carrier. pipe. Where the ends of the casing are at or above ground surface and above high water level they may.be left open, 'provided drainage is afforded in such a manner that leakage will be conducted away from the roadbed and structures. 6. The top of the carrier pipe shall be below the frost line, and at its closest point shall not be less than 5 feet below base of railway rail. On other portions of the railway right-of-way where the casing is not directly beneath any track the depth from the sur- face of the ground and from the bottom of ditches to the top of the casing, shall be not less than.3 feet. Where it is not practicable to secure the above depths, approved special construction shall be used. Length of casing shall be in accordance with.sketch at bottom of this Exhibit. 7. Where warranted, ' accessible emergency shut-off valves shall be installed within effec- tive distance at each side of the crossing. 8. Where laws, codes, or orders of competent public authority prescribe a higher degree of protection than specified herein, then the higher degree of protection shall be deemed a part of the specifications set forth in this Exhibit. Subgrade Jc ur aG r51'Mln:See Note 6 3'MIn. No ea - ee o ems# i. Carrier Pipe Seal otes 1.15 n— �Ilft. Casing Pipe �\Qal-See Note NOTE t Seal not required 1f casing ends above ground whirr. Arntnan►, is available. See Note 5 s (Northern Pacific Rail my Company) In cormideretion of the premium, at w1 chi this policy is written: it is agreed that: 10 Any exclusion or provision app�nrring in t.b-is policy. or in any endorsemmt attached thereto9 OULLnatinr, ccrverafte for any obligation or liability assumed by the insured Under any contract or agreement or for daa.W;e or :itrtjury tn. ar-Aestrrctior. of property occupied or used by,q or in the care, custody or control of the insuredt t only ar, respects that; contract enJ-ered into between � � ' arab dated. P and the insuring agreements are hereby extended to cover 'Ilia obligations ass-aw. d b7 the contractor under the torms of the following provinitons of said contract8 "The Contractor ah.all ind. w&fy .ate save harp less the Northem Pacific Rax.lway Gaypviy from any and nll claim., sults,, losses damages or e3cperw9ea on accoacuat of injuries to or death of any and all pertmova &tomsoevers inaludi ng, the Contractor., subconm tractor°sa mploynes of the Contractor., sabcontractors and of said Railway Company., and any and a<71., property damagep .arising or growing VA ofa or in any m.wurier connected wd.th -the woxk per- formed med under this co.ntractA or o�wned or osocasioned inwhole or in part by reason. of the presence, 4rthe ;person or of the property of the ContractorA ilaeir employees or agesnte9 upon ®r in ps°o�aru.t y U Lhe pvl4t rty of saki Away 0�►mP � i Me Contracto:w, fuxther ,;L.L;rr�eo haat It AU defeAq at, its. ovn expeneeq in the a me .;ad or, b&alf of said RaUvay Compwiy,, all elaims9 or suits for i a iiwies tzi persona car damage to property arising or grating out ,of t�a work carried on wider -this contract,, for uffil h said Hallway ukx agi , �� :Li,at�la� or is a1.Teged to be liable 2. The Northern Pacific Ra,i.ldray Company and any other railroad company or cos;ipanxe3s heretofore or he:rFeaft for granted the ,Joint use of the Northern Paci,f',i.c Railvay Gonpany s prq)ert;yr are named as additional insureds under this policy,, but, only as respects the coverage recpzire-d by they above contract. 3b 'Die cancell.atd.on period provided for under this policy shall be extended to 10 dayefl but only as respectig the coverage required by the above contract. \ Not Jt.z-Car. _ H2i21G-o�e -C�, R-AIM*la[�N-Ai-, W*T-t=R-f-[P E-O R-SEWER-P I-P E PERMIT. R.W.17 5-64 N 'Y , NORTHERN PACIFIC RAILWAY COMPANY, hereinafter called Railway Company, hereby permits WASHINGTON NATURAL GAS COMPANY, a Delaware corporation, hereinafter called Permittee, to construct, operate, and maintain the following facilities upon its right of way A 4-inch natural gas pipeline crossing Railway Company's 100-foot right of way for its Prairie bine and beneath its tracks in the SW,NE' of Sec- tion 19, Township 17 North, Range 2 East, W.M., in the County of Thurston, State of Washington, near the Town of Yelm, intersecting the center line of Railway Company's main track as now constructed at a.point therein, distant 875 feet southwesterly, measured along said center line, from Mile Post 25 (which mile post is 2497 feet southwesterly, measured along said center line, from the east line of said section). This permission is given upon the following terms: 1. Permittee will pay in advance to Railway Company for this permit the sum of thirty five and no/100 dollars ($35.00) for the first 5-year period, and ten and no/100 .dollars ($10.00) for each 5-year period thereafter, also all taxes and assessments that may be levied or assessed against said facilities. Railway Company reserves the right to change the said charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for payment shall in no way restrict Railway Company's right of termination under Paragraph 6 hereof. 2. (a) The entire cost shall be borne by permittee, including but not limited to the cost of construction, reconstruction, repair, w operation, maintenance, and removal of said facilities. The Division Superintendent of Railway Company will decide what portion, if any, of the work will be done by Railway Company, and for such portion Permittee will pay Railway Company the estimated cost be- fore the work is done. If the actual cost exceeds the estimate, Permittee will pay the additional amount when called upon; if the actual cost is less than the estimate, Railway Company will repay the surplus. All work hereunder by Permittee shall be done in a first-class workmanlike manner to the satisfaction of the Division Superintendent of Railway Company and in accordance with plans and sp"ecifications.which he may prescribe or approve. The Division Superintendent of Railway Company shall have the right at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be replaced with like material or with material of a more permanent character; also to require additional work or change of location of said facilities as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade thereof, construction.of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of the railroad of Railway Company,, all of which shall be done at the expense of Permittee in the manner herein provided. (b) In the event that at any time hereafter any changes, alterations, or relocation of said facilities hereby covered are to be made or any other work of any kind is to be done in connection with said facilities, whether at the request of Railway Company or for any cause whatever, Railway Company may require the furnishing by Permittee or its contractor of insurance satisfactory to Railway Com- pany to protect it against any loss or damage in any way arising out of or in,any way connected with the work. (c) In the event Railway Company deems it necessary to provide either flagmen or inspectors, or both, during the period of con- struction, reconstruction, repair, operation, maintenance, and removal of said facilities by either party as provideJ for in Paragraph 2. (a), permittee shall bear the expense incurred by Railway Company for such flagging or inspection service. Railway Company will notify Permittee of the estimated cost of such flagging or inspection service, and Permittee will pay such estimated and actual cost in the same manner as provided for in Paragraph 2. (a). 3. (a) permittee agrees that said facilities shall not at any time damage the railroad or structures of Railway Company,or be a menace to the safety of its operation, and to indemnify and save harmless Railway Company from all loss and damage to its tracks, roadbed, structures, rolling stock, and other property of Railway Company and property of third persons, and from injuries to or death of persons, including employees of the parties hereto, occasioned by the exercise of the permission hereby granted. (b) permittee hereby further agrees to hold harmless and indemnify Railway Company from and against any and all loss or damage to said facilities, the installation of which is hereby permitted on the premises of Railway Company. 4. It is agreed that the provisions of Paragraph 3 are for the equal protection of any other railroad company or companies hereto- fore or hereafter granted the joint use of Railway Company's property of which the premises upon which said facilities are located are a part. 5. Permittee shall not transfer or assign this permit without the written consent of Railway Company. 6. This permit shall endure until terminated by Railway Company. Railway Company reserves the right to terminate this permit at any time upon the giving of ninety (90) days' notice, either by personal delivery or by mail, or by the posting of notice on the premises. Upon the expiration of the time stated in any such notice, Railway Company may forthwith expel Permittee from its premises; and at the end of the permit Permittee shall restore the premises of Railway Company to their former state. Upon termination of this permit any unearned portion of the annual charge paid hereunder shall be refunded. 7. This permit is granted subject to permits, leases, and licenses, if any, heretofore granted by Railway Company affecting the premises upon which said facilities are located. B. Said facilities shall be constructed, reconstructed, repaired, and maintained in accordance with the specifications hereto attached, marked Exhibit "A" and made a part hereof. I IN WITNESS WHEREOF the parties have executed this permit this first day of July lg 66. NORTHERN PAQIFIC RAILWAY COMPANY R.W.142 " EXHIBIT A SPECIFICATIONS FOR PIPE LINE CROSSINGS UNDER RAILWAY TRACKS FOR FLAMMABLE SUBSTANCES 1. SCOPE Pipe lines included under these -specifications are those .installed to carry oil, gas, gasoline or other flammable or highly volatile substances under pressure. `2. INSTALLATION Pipe lines under railway tracks and across railway right-of-way shall be en- cased in a larger pipe or conduit called the casing pipe, in accordance with these specifications and as indicated in F.ig. l. Pipe lines shall be .installed under tracks by boring or jacking, if practicable. Any replacement of a carrier pipe or a casing pipe shall be considered a new installation, subject to the requirements of these specifications. Should railway company lower .its ditch grade, permittee shall lower pipe line to 3' depth under .new ditch grade. Sign See See Note 3 ft Note 4 - — Serer 45R(Min) 45Ft(Min) _ SeeNote2 SeeNote2 Ground to 31 17 511 rraoe T See dote 3 0 4 tF Min)pp o �\ 4 Sc N'fe96 a + � , v) bed, � LL 5Ft61n(Min) ,_ X2 it 3Ft(Min)\ 3Ft(Min).61 o ° �� Cosi Pipe ��, a Seal 5eeNoteI Metal Bond Cut pipe at low end Vent pipe of higgh See Note 5 of casing to be welded end of casing to bewefded to bottom of casing. to top of casing.See Note I. See Note I. NOTE' 1.Seal and vent pipe not required iF casing ends above ground where drainage is available. 2.Casing pipe sball extend b�•ond limit of railway right-of-way if necessary to provide a minimum distance of 45ff measured of r'g�ght angles From center line of the out- side track. See article fo for future exterisloris. 3.Signs to indicate location of pipe lire at right-of-way line are required for crossings corrying pressures of 45 psi or over, 4.Carrier pipe,per these specifications,shall exteud,each side of crossing a minimum distance of 100 ft measured of right angles from center line of the outside+rock or 40ft beyond end of cosing,.whichever is greater. 5.Metal bond not required if adjacent carrier pipe is same wall thickness os carrier pipe thru crossing 6.Vent of low end of casing shall have removable top,in locations where casing is subjected to being covered by water,in order to ascertain and remove any water inside of casing. 3. CARRIER PIPE Fig. 1. Carrier line pipe .inside of casing under railway tracks and right-of-way shall conform to the requirements of ASA B31. 1-1951, Code for Pressure Piping, Section ,2, Division 1, for gas lines, and Section 3, Division A for crude oil and liquid petro- leum products lines, except that the allowable working stresses for design shall not be more than g0 percent of those permitted by the ASA Code. The minimum wall .thickness for steel or wrought iron carrier pipe shall be 0.2 .in. , except for pipe lines-1-1/2 in. in diameter and smaller, operating at pres- sures less than 100 psi, where thickness not less than that specified for extra strong steel pipe by the U. S. Department of Commerce, National Bureau of 'Standards may be used. Requisites for carrier line pipe in conformity with the above shall apply for a minimum distance of 100 ft. from (measured at right angles to) center line of out- side tracks, or 40 ft. beyond the ends of casing, whichever is greater. '.'here the wall thickness of the connecting carrier pipe on either side of the crossing is less than that specified above, a band of the same metal as the thicker pipe, 3 times .its thickness and not less than 12 in. wide, shall be closely fitted around the outside of, and welded to the thicker carrier pipe close to the joint where connection is made to the thinner wall carrier pipe. PIPE LINE CROSSINGS UNDER RAILWAY TRACKS-flammable substances 4. CASING PIPE Casing pipe and joints shall be of metal and shall be of a rigid, leakproof construction, capable of withstanding railway loading. WALL THICKNESS FOR 'STEEL* Casing Pipe for E 72 Loading (Including Impact) Min.'Thickness Diameter of Pipe Min.Thickness Diameter of Pipe :Inches Inches :Inches Inches 1/4 . . . . . . . . 6, 8, 10, 12, 14 and 16 1/2 . . . . . . . . 30, 32 and 34 5/16 . . • • . • • • 18 and 20 9/16 . . . . . . • . 36 and 38 3/8 . . . . . . . . 22 and 24 5/8 . . . . . . • • 40 and 42 7/16 . .. . . . • • 26 and 28 ,*Thickness .is for steel pipe having a minimum yield -strength of 35,000 psi. Adjust thickness as .necessary for other grades of pipe, except that thickness of pipe shall not be less than 1/4 .in. Class 150 cast iron pipe maybe used for 12 .in. and under and Class 250, shall be used for over 12 in. , provided the method of .installat.ion .is by open trench and prior approval has been secured from the chief engineer of the railway company. The .inside diameter of the casing pipe shall be at least -2 .in. greater than the largest outside diameter of the carrier pipe, joints or couplings, for carrier pipe less than 6 .in. .in diameter; and at least 4 in. greater for carrier pipe 6 .in. and over .in diameter. It shall, .in all cases, be great enough to allow the carrier pipe to be removed subsequently without disturbing the casing pipe or roadbed. Casing pipe shall be so constructed as to prevent leakage of any matter from the casing or conduit throughout .its length under track and railway right-of-way except at ends of casing or conduit where ends are left open, or through vent pipes when ends are sealed to outside. carr.ier pipe. Casing shall be so installed as to prevent the formation of a waterway under the railway and with an even bearing through- out its length, and shall slope to one .end. 5• PROTECTION AGAINST CORROSION Both casing pipe and carrier pipe within the crossing shall receive exter- nally the same protective coating which .is applied to the carrier pipe adjacent to the crossing, except that .in no case shall the protective coating be less than a coal-tar primer coat, followed by a single application of hot coal-tar enamel 3/32 .in•. thick :± 1/32 .in. , plus a bonded 15 lb. asbestos felt wrap, or .in lieu of the above, the coating shall be an approved substitute equal to this combination protective coating. Before .installation, electrical detection methods shall be .used to locate flaws or breaks .in the coating. All damaged or broken coatings shall be repaired or replaced. :Installation shall be made .in such manner that -,he prote.ctive coating of carrier pipe is undamaged. Where .installation of casing .is by jacking, the wall thickness shown .in Article 4 shall be increased by a minimum thickness of 1/16 .in. .in lieu of protective coatings. 5• PROTECTION AGAINST CORROSION, cont'd: Where adjacent carrier pipe As cathodically protected, this protection shall be extended to the casing pipe .in addition to the protective coatings. .. Where such protection .is provided, the railway,,company shall be notified and suitable- test made to .insure that other railway structures and facilities are adequately protected from the cathodic current .in accordance with the recommendations of Report of Correlating Committee on Cathodic Protection, published .in July 1951 by the :National Association of Corrosion Engineers. 6. SUPPORTS All supports, insulation or centering devices for the carrier pipe shall be so designed and constructed that .no loads from the roadbed, track, traffic, or casing pipe itself are transmitted to the carrier pipe. `y PIPE LINE CROSSINGS UNDER RAILWAY TRACKS-flammable substances 7. SEALS Where ends of casing are below ground they -shall .be suitably sealed to out- side of carrier pipe. For carrier pipe 4 .in. and larger .in diameter the seal shall be made by an L shape rubber gasket held firmly against the ends of the casing pipe by metal band or collar attached by stud .bolts, welded to the casing. The other leg of the L is to be held tightly around the carrier pipe by cable with .insulated union. (See Fig-3 for typical installation. ) Upon authority of the chief engineer of the railway company an approved.equal may be used in lieu of the above. Key Block--) Casing Pipe Key Block Cable - - Spacer - Blocks Carrier Pipe PP blocks Fig. 2. S+ud Bol+s welded_, f'Ca2;9z -'" +o Casir9 -0—Cable Union-� Rubber Gaske+ _—= oO Carrier Pipe Carrier Pipe. -..._. _. - Aircraf+ Cable -- / Mas+er Bolf-Pemove +o open Flange Pressure Flanqc Fig. 3. Where ends of casing are at or above ground surface and above high water level they may be left open, provided drainage .is afforded .in such manner that leakage will be conducted away from railway tracks or structures. Where proper drainage, is not pro- vided, the ends of casing shall be sealed. 8. VENTS Casing pipe, when sealed, shall be properly vented at both ends with vent pipes of sufficient diameter Ito permit free evaporation of water or moisture, but in no case shall they be less than 2 in. in diameter. Vent pipe shall be welded to bottom of casing at low end, to the top of casing at high end, and 'shall -extend not less than a ft. above ground surface with the top to a long radius return bend. The outlets at the top shall be properly screened. Vents in locations subject to high water shall be extended above the maximum elevation of high water and shall be supported and pro- tected iu a manner that meets the approval of the chief engineer of the railway com- pany. In such cases, or where the casing .is subjected to being covered by accumula- tion of ground water, the vent at low end shall be made with a removable top, .in or- der to ascertain the amount of water .in casing and remove same. That portion of vents PIPE LINE CROSSINGS =ER RAILWAY 'TRACKS-flammable substances 9. DEPTH OF CASING The depth from base of railway rail to top of casing at .its closest point shall not .be less than 5-1/2 ft. On other portions of railway right-of-way where casing is not directly .beneath any track, the depth from surface of right-of-way and from bottom of ditches to top ofcasing, shall not be less than 3 ft. 10. LENGTH OF CASING Casing shall extend to a minimum distance of 45 ft. each side from . (measured at right angles to) center line of outside track and shall extend to the railway property line .if this distance exceeds 45 ft. 'I.f additional tracks are constructed or relocated in the future, the casing shall be extended correspondingly. 11. SHUT-OFF VALVES Except as shown below, accessible emergency shut-off valves shall be .installed within effective distances each side of the railway as mutually agreed to by the rail- way company and the pipe line company. Where pipe lines are provided with automatic control stations at locations and within distances approved by the railway company, .no additional valves shall be required. 12. ANCHORING PIPE Pipe line shall have such overburden or be so anchored and secured, .if sub- merged, as to have a safety factor against floating of at least ,2.0. 13. LOCATION Pipe lines shall be located, where practicable, to cross tracks at approxi- mately right angles thereto and shall not be placed within a culvert, under railway bridges nor closer than 45 ft. to any portion of any railway bridge, building or other .important structure which might be injured by leakage from or failure of the pipe line. Crossings, where possible, shall be located where the ground surface slopes downward away from the railway. Pipe lines, casing pipe, and vent pipes shall be at least 4 ft. (vertically) from aerial wires on railway right-of-way. All crossings carrying pressures of 45 psi or over shall be prominently marked on both sides of track, at the railway right-of-way line, by signs substantially worded thus-- "High Pressure. ... . . .Main. . . . . . . .. ft. under. " Longitudinal occupancy of railway right-of-way .is highly objectionable and must be avoided where cossible. 14. APPROVAL OF PLA17S Plans for proposed crossing shall be submitted to and meet the approval of the chief engineer of the railway company before .installation .is begun. Plans shall be drawn to scale, showing the angle of crossing, location of valves, railway survey station, right-of-way lines and general layout of tracks and railway facilities near the point of crossing. Plans should also show a cross section along pipe line, from field survey, showing pipes in relation to actual profile of ground and tracks, and .if open cut or tunneling is necessary, shall .include details of sheeting and method of supporting tracks or driving tunnel. The execution of the work on railway right-of-way, .including the supporting of track, shall be subject to the .inspection and direction of the chief engineer or superintendent of the railway company. r ' Not Jt. - Cara El ECTRIC LINE CROSSING PERMIT N'a:9 '0 0' R.W.28 6-63 NORTHERN PACIFIC RAILWAY COMPANY, hereinafter called Railway Company, hereby grants permission to/ PUGET SOUND POJPER �c LIGHT CCPi)'lTdY, a. T-Ta.,,;hibF3ton corporation., hereinafter.called.Permittee, to construct, maintain, and operate on electric line with the necessary poles, crossarms, wires, conduits, and other fixtures appurtenant thereto across the premises of Railway Company along the course described as follows: An aerial electric line crossing 'Re.ilway CoiTpany's 100-foot right of bray for its Prairie Line in the S5 4NEu of ,Section 193 Township 17 North, Range 2 Last, I^ -M-. in the County of- Thurston, State of Washington, near YeLm station, intersecting• the center line of ACailway Company t s main track as now constructed at a point therein distant 178 feet northeasterly] measured along said center line, from Mile Post 25 (which mile post is 2497 feet southwesterly, measured along said center line, from the east line of said section). This permission is given upon the following terms: r 1. Permittee will pay in advance forty five and no/100 dollars ( j,45.00) for the first five-year period and twenty and no/100 dollars (�;�20.00) for each subsequent five years that thispermit remains in effect and will also pay all taxes and assessments that may be levied or assessed against the improvements. Railway Company reserves the right to change thesaid charge at any time while this permit re- mains in effect upon thirty (30) days' written notice. The provision for payment for each five years in no way impairs Railway Com- pany's om- pany's right to terminate this permit pursuant to Paragraph 10 hereof. l 2. The electric line and appurtenances shall be constructed and maintained in accordance with the National Electric Safety Code and laws of the State of :,�ashington and in accordance with plans heretofore submitted by Permittee and approved by Railway Company. 3'. All cost of construction and maintenance shall be paid by Permittee. The Superintendent of Communications of Railway Company will decide what portion, if any, of the work will be done by Railway Company, and for such work Permittee will pay the estimated cost thereof before the work is commenced. If the actual cost exceeds the estimate, Permittee will pay the additional amount when called upon, and if the actual cost is less than the estimate Railway Company will repay the surplus. 4. If in the judgment of the Superintendent of Communications of Railway Company, the construction or maintenance of the elec- tric line herein contemplated necessitates any change or alteration in the location or arrangement of an other electric wires or ap- purtenances located upon the premises of Railway Company, the cost of such change or alteration will be paid by Permittee. 5. Railway Company shall have the right to decide the necessity of repairs to said electric line or appurtenances and upon written request from Railway Company Permittee shall promptly make such repairs. If at any time it becomes necessary in the judg- ment of Railway Company for reasons of safety or otherwise, to change the location, elevation, or method of construction of the electric line and appurtenances, such changes will be made by Permittee within thirty days after being requested to do so and in such manner as Railway Company shall direct. 6. The electric line shall be used for the sole purpose of conducting electric currents at a potential not to exceedi�500 volts. 7. This permit shall be binding upon, and inure to the benefit of the parties, their successors and assigns; provided, however, that Permittee shall not assign this permit or any interest therein without Railway Company-'s written consent. 8. Permittee agrees that the wires and appurtenances and the use of the some for conducting electric current shall not damage the railroad or structures of Railway Company, or the property of The Western Union Telegraph Company, or any other property upon the premises of Railway Company, or be a menace to the safety of Railway Company's operations or any other operations conducted. on said premises. Permittee does hereby release, indemnify, and save harmless Railway Company and The Western Union Telegraph Company, their successors and assigns, from and against all loss, damages, claims, demands, actions, causes of action, costs, and expenses of every character which may result from any injury to or death of any person whomsoever, including but not limited to em- ployes and agents of the parties hereto, or from loss of or damage to property of any kind or nature to whomsoever belonging, includ. ing but not limited to property owned by, leased to, or in the care, custody, and control of the parties hereto, when such injury, death, loss, or damage is caused or contributed to by, or arises from, the construction, installation, maintenance, condition, use, operation, or existence of said electric line upon such railroad premises. 9. After the completion of construction of said electric line and appurtenances or any repairs thereto, Permittee shall remove, from the premises of Railway Company, to the satisfaction of the Superintendent of Communications of Railway Company, all false work and equipment used in the installation or repair work. 10. Railway Company shall have the right to terminate this permit, and the same shall terminate, at the expiration of ninety (90) days after the giving of written notice of intention to terminate the some. Any such notice shall be good if deposited in the United States mails addressed to Permittee at P. 0. EO:s 287, Ol 7 a. Vrashin ton. If Permittee shall fail to remove any material or property owned by it within the time prescribed i� a notice a termination, Railway Company may appropri- ate such property to its own use without compensation, or may remove the same at the expense of Permittee. 11. It is understood by the parties that said electric line will be in danger of injury or destruction by fire or other causes incident to the operation, maintenance, or improvement of the railway, and Permittee accepts this permit subject to such dangers. It is there- fore agreed, as one of the material considerations of this Permit, without which the some would not a granted, that Permittee hereby assumes all risk of loss, damage, or destruction to said electric line without regard to whether such loss be occasioned by fire or sparks from locomotive engines or other causes incident to or arising from the movement of locomotives, trains, or cars of any kind, misplaced switches, or in any respect from the operation, maintenance, or improvement of the railway, or to whether such loss or damage be the result'of negligence or misconduct of any person in the employ or service of Railway Company, or of defective appli. ances, engines, or machinery, and Permittee does hereby save and hold harmless Railway Company from all such damage, claims, and losses. _ .... .. . _ _i e......uns a ane >> ure for The equal protection of any other railroad company or companies heretofore or hereafter granted the joint use of Railway Company's property upon which the above described electric current line is located. 13. This permission is granted subject to permits, leases, and licenses, if any, heretofore granted by Railway Company affect. ing the premises upon which said electric line is located. ... ---e ill-- .L_ _._.e_- L_-_._ L_.._ L--e sl:. fi f'-I-..io ,+_1, am. ,F T....,.......... 19 Zn ........_.........c.V vrAooze/ [f�/.. ....1.1. .1 . v.....LY.. e � r NoIe:'Boundc?yofR Nof h1gydenofedfhus N.E.4of 5ec.19.5elecfed b�Terrifor of'No sh.for ljni,/ersiiy land Lisf filed SePf.2.1865.APP.Sepf. -1864"c June 28-1875. I 'I 0i ��t�1ELB/{GLEas Pres.of UniJer.ify Commi5b overs by deed Q date Dec.3-1861.Fecorded Dec.4-1 GI.Vo1.4 Deeds.Poge 94 •h� v ConJeya KE4of5ec.19fo DAV,oCra MBERs. Correa.4-T28, / a I VEF�s IT y - 3.49oc5. 204 �e 046acs. S£LF-CTlOt 'o C) .000 -1737 !Z4� g J.g�acs. • �7 o4oaea �t�' .' F-- R.k e.deed 100 ff. I �• O My 3-73. O iv 100 vv� /J44r % 4; j r�'� 3 SSoC3 /�L�� `J �� uA�'./ .� GENERAL REQUIREMENTS The Northern Pacific Railway will consider each wire crossing on its merits and reserves the right to reouire stronger con- struction than specified in either State or National Codes. Poles: Crossing spans for Electric Supply lines and for Communication lines that cross electric supply lines and railroad right of way in the same span shall be constructed with poles not smaller than class 4 and stronger poles shall be used where required for the number of conductors carried. Poles in the adjacent spans shall be class 5 or stronger. Spacing: For electric supply lines normally the crossing span shall not exceed 150 feet and the next adjoining spans shall notexceed 1-1/2 times the length of the crossing span. For communication lines the crossing span, where practicable, shall not exceed 100 feet in the heavy loading district, 125 feet in the medium loading district and 150 feet in the light loading district; and the adjacent spans shall not exceed 1-1/2 times the length of the crossing span. Guys: In general all crossing span poles shall be side guyed as well as head guyed. Crossarms• Double-arms with flat construction are required. Dead end construction is desirable. Clearance Over Tracks: Communications, signal and control wire crossings carrying 100 volts or less shall be constructed with a minimum overhead clearance of 30' above top of rail. Electric power wires and other wires carrying more than 100 volts shall be constructed with an overhead clearance above top of rail of not less than 361. Except under very special situations_, no wire crossings of any kind shall be built above and over the tracks within 500' of any railroad bridge. Miscellaneous: Other construction details should meet the National Electric Safety Code or State Rules. z Where proposed electric supply lines will parallel the rail- way, even though not occupying railway company property, scale drawings are required showing the route of the line with relation to the railway, so that the extent of inductive interference to railway communication circuits can be determined. 1ta. ioo' , EXHIBIT "A" DATA TO BE INCORPORATED ON .-� PLANS PREPARED BY APPLICANT FOR WIRE OR CABLE LINE CROSSING OVER PROPERTY OF THE NORTHERN PACIFIC RAILWAY COMPANY. To be submitted in quadruplicate NAME OF APPLICANT PUGET SOUND POWER 8c LIGHT CO. ADDRESS OF APPLICANT P.o: BOK 287, OLYMPIA , WA. 98501 Communication or poiver lines if any Right of Way Lines LOCATION DATA � Distance & dieeetios of erasing from r nearest R.R. mile post. . 1-78 FT. N'EAST OF M.P. 25 lndiea,le frac North with and direction from nearest R.R. arrow station, give name ° l 0.6 Mi. N EAST OF YELM 90 / 180° County THURSTON State WA. L=6'r-4E &SW / L=6' NE &SW No 83� 65� 225' 148 &PPly Cines 4 iL Alepbone [roes if any 37' O 0 tio L-15' CROSSING SPAN DATA ELECTRIC SUPPLY LINES Slondard Asad and side guys N0. 01< CIR(AITJ ONE �24�-74-t249 VOLTAGE 12.5 KV AC or DC DC . Freq. 60 fl 6 VIRES - No. of 4 Size 336.4 MCM abubla Arms Required Material A C 5 R OA Abets J E IS 2' Hard or Medium Hard Drawn HARD 3 Solid or Stranded STIR. Stringing Sag - inches 16 T4mp.OF (00 Final Unloaded Sag - inches 19 Tamp-OF60 CLAMP or TIE CLAMP ` Type D.E.6TRAIN LINE INSULATOR - Type '.USP. 6" D.E. Material PORCELAIN POLE TOP CONSTRUCTION SHOWS AS ABOVE - DATA REQUIRED - Size of atms4XA5: 4X11' Material DOUGLAS FIR Size & t of braces 1%z x I%2"x 3/1&'DBL.SPAN_ANGLE IRON,60" COMMUNICATION LINES AND CABLES type - MIRES - No. of N o N E Sig Pin Spacing 2' - Size, type & material of pins 1'•x7•'5-rEEL JoSLYN'�J627 Material Stringing Sag - incbes _Temp.°F Type of Arm Separator 5 8"x 24" DBL. ARM G BOLT INSULATORS - Type Mat,1 Grounding ConnectionROD& Material CU Size�8�x6'ROD CABLE - No. of pairs Gauge Aerial ground Mire NONE Material Size Outside Dia. in.Mt. LB./ft. Poles Ian6th Circum-Inches L.S.A. Depth of N m In Ft. Ground Top Class Setting From Ila&, i Sheath Material no.I 5 4 5 25 2 6. T 1 Suspension Strand, Size Mat'l No.O 4S 44.5 25 Z .5 1 2 How is cable attached 110.4 40 42.5 25 2 (0.0 ng FULL LENGTH PEW17A PU T UMDbyPoWEtZSQaciLgGHT Co. Inches Treatment of poles APPLICANT ,t Species of timber WESTERN RED CEDAR BY wise of guy wirpyll"& 516" Material�R.UTILITI( STEEL TITIF IYISIO4 6UPERI TENDENT , OPERATIONS Type of guy anchorage 16"& 12" STEEL. PLATE ,19 DATE APPROVED c...�.:r'��..,:-.,• ..s r.,......:.�r:,.... SrF liVCQ3f AIM AT P- 2-65 Wire Line Crossing Permit No. e: _M BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Railroad," whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, Washington 98104-1105, hereby grants permission to YELM TELEPHONE COMPANY, a Washington corporation, whose post office address is P. 0. Box 593, Yelm, Washington 98597, hereinafter called "Permittee," to construct, operate, maintain, inspect, use and remove a wire line facility, including all necessary poles, wires, cables and conduits together with necessary appurtenances thereto, hereinafter called "Wire Line," upon and across the railroad tracks, communication or signal wires and right-of-way of Railroad, either above or below the surface thereof, for the purpose of transmitting electric current for power or for communication, as hereinafter described: A telephone cable across the right-of-way of Railroad underneath the surface thereof, and under the tracks of its railway at or near Yelm, Thruston County, Washington to be located for 125-feet longitudinally, t irty feet from centerline_ of track, up to the crossing at Milepost 25+743; the second crossing is at Milepost 24+4235' , as shown .colored. red on the print hereto attached, marked ExFTF t"A" dated April 24, 1985 , and made a part hereof. This permission is given upon the following terms: 1. Permittee will pay in advance to Railroad for this permit the sum of SIX HUNDRED AND FIFTY DOLLARS ($650.00) for the first ten (10) year period hereof and FIVE HUNDRED DOLLARS ($500.00) for each subsequent ten (10) year period that this permit remains in effect and will also pay all taxes and assessments that may be levied or assessed against the Wire Line. Railroad reserves the right to change the amount of said charge at any time while this permit remains in effect upon thirty (30) days' written notice. This provision for change in the amount to be charged hereunder shall in no way affect Railroad's right to terminate this permit pursuant to Paragraph 14 hereof. 2. Said Wire Line shall be used for the sole purpose of conducting electric currents at a potential not to exceed 48 volts PC. 3. Said Wire Line shall be constructed and maintained in accordance with Railroad's requirements, the National Electric Safety Code and any statute, order, rule or regulation of any public authority having jurisdiction. Application and plans shall be submitted by Permittee to Railroad and shall be approved by Railroad prior to construction or any reconstruction of the Wire Line. 4. All cost of construction and maintenance of the. Wire Line shall be paid by Permittee. If it is necessary, as determined by Railroad's Division Superintendent, for Railroad to perform any portion of the work of construction, maintenance, or removal of the Wire Line, same shall be at expense of Permittee. Railroad will determine the costs of any such work and submit bill for same to Permittee and Permittee shall promptly pay such billed amount. 5. If in the judgment of the Railroad's Div construction, maintenance, or continued existence of nlatad naraccitatac anv rhanna nr altoratinn in tha 6. Railroad shall have the right for reasons of safety to require that repairs be made to said Wire-.Line and upon written request from Railroad, Permittee shall promptly make such repairs at Permittee's expense. If at any time it becomes necessary in the judgment of Railroad for reasons of safety or otherwise, to require change in the location, elevation, or method of construc- tion of said Wire Line, such changes will be made by Permittee at Permittee's expense within thirty (30) days after being requested to do so. 7. After the completion of construction of said Wire Line or any repairs thereto, or removal thereof, Permittee shall remove from the premises of Railroad, to the satisfaction of the Railroad's Division Superintendent, all falsework and equipment used in the installation, repair, or removal work. . 8. Permittee shall , upon the giving of 48 hours' notice to the Railroad's Division Superintendent, have the right to enter the premises of Railroad for the purpose of maintaining, repairing or removing said Wire Line, and, in the exercise of this right, shall not unduly interfere with the rights of Railroad or others on the premises. In the case of bona fide emergency, the 48 hours' notice may be waived; however, if emergency work is necessary, Permittee shall make every effort to notify Railroad that such work is to be done. Permittee shall , at its own expense, restore any facilities on said premises which are in any manner disturbed by such maintenance, repairs, or removal . 9. This permission is granted subject to permits, leases, and licenses, if any, heretofore granted by Railroad affecting the premises upon which said Wire Line is located. 10. If the operation or maintenance of said Wire Line shall at any time cause interference, including but not limited to physical interference, from electromagnetic ' induction, electrostatic induction, or from stray or other currents, with the facilities of Railroad or of any lessee or licensee of Railroad, or in any manner interfere with the operation, maintenance or use by Railroad of its right-of-way, tracks , structures, pole lines, signal and communication lines, radio or other equipment, devices, or other property or appurtenances thereto, Permittee agrees immediately to make such changes in said Wire Line and furnish such protective devices to Railroad and its lessees or licensees as shall be necessary in the judgment of Railroad's representatives to eliminate such interference. The cost of such protective devices and their installation shall be borne solely by the Permittee. If any of the interference covered by this paragraph shall be, in the judgment of Railroad, of such importance to the safety of Railroad's operations as to require it, Permittee, upon notice from Railroad, shall either, at the Railroad's election, cease using said Wire Line for any purpose whatsoever and remove the same, or reduce the voltage or load on said Wire Line, or take such other interim protective measures as Railroad may deem advisable until the protective devices required by this paragraph have been installed, put in operation, tested, and found to be satisfactory to correct the interference. 11. Permittee agrees that the said Wire Line and the use of same for conducting electric current shall not damage the railroad or structures of Railroad, or the property of The Western Union Telegraph Company, or any other property, upon the premises of Railroad, or be a menace to the safety of Railroad's operations or any other operations conducted on said premises. Permittee does hereby release, indemnify, and save harmless Railroad and The Western Union Telegraph Company, their successors and assigns, from and against all loss, damages, claims, demands, actions, causes of action, costs and expenses of every character which may result from any injury to or death of any person whomsoever, including but not limited to employees and agents of the parties hereto, or from loss of or damage to property of any kind or nature to whomsoever belonging, including but not limited to property owned by, leased to, or in the care, custody, and control of the parties hereto and said Telegraph Company, when such injury, death, loss, or damage is caused or contributed to bv_ ar arises frnm_ the cnnstructinn_ installatinn. maintenance. condition. use. YT EG CORP. INC. (OLD GENER[.L 15LE CO F-I 4 1 RON, IPE _.S DEEP __UNDER TRPC-K _ M . P. ,-- _ AIr2__TE�.E Ao.N.E .CA�.LE'__ a �00J . G. )1/46 F �/✓G S'G_ .. �({SLINS, /NCOC/oArA7EG SP!/R i rckel -33CZ •. _ I . B. /b C:.P/. Ry. owns and/.7oinfoins 'A''. n ain{of exP•of/nd.,and Cnos my I Jird owns _ t ;• ./ EXHIBIT n�n 1 ' - BURLINGTON NORTHERN R R CO. •=w r r:' SUB.D V DIVISION. _ •.� �Y'• ••+":° PACIFIC Lq _ , E N GSR.A�RpE�A /DD DATE S5LINE SEG d •t° 1000_�_P�.IP.._TELE4F10I`JE CABLE X01s" DEE rq Vao -C N ^p•. is 10 ' w':'1 �. '� ; 611 o; crn .�?' - 14 /01 Dirt C?o - �. --�= d L .L Ca-ep L2_-.37_AA._ _zl�._ �" ,Ili 30'. .• ; � l'�.P70 . .r. .... . r ll 12. It is understood by the parties that said Wire Line will be in danger of damage or destruction by fire or other causes incident to the operation, maintenance; or improvement of the railway, and Permittee accepts this permit subject to such dangers. It is therefore agreed, as one of the material considerations of this permit, without which the same would not be granted, that Permittee hereby assumes all risk of loss, damage, or destruction to said Wire Line without regard to whether such loss be occasioned by fire or sparks from locomotives or other causes incident to or arising from the movement of locomotives, trains, or cars of any kind, misaligned switches, or in any respect from the operation, maintenance, or improvement of the railway, or to whether such loss or damage be the result of negligence or misconduct of any person in the employ or service of Railroad, or of defective appliances, engines, or machinery, and Permittee does hereby save and hold harmless Railroad from all such damage, claims, and losses. 13. It is agreed that the provisions of this permit 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 Railroad's property upon which the above described Wire Line is located. 14. Either party hereto shall have the right to terminate this permit; and the same shall terminate, at the expiration of ninety (90) days after the giving of written notice by one party to the other of intention to terminate same. Any such notice shall be good if deposited in the United States mails addressed to the party being notified at such party's post office address above stated. Upon termination Permittee shall promptly remove the Wire Line from Railroad's premises and if Permittee shall fail to remove same or any other material or property owned by it within the time prescribed in a notice of termination, Railroad may appropriate such property to its own use without compensation, or may remove the same at the expense of Permittee. 15. This permit shall be binding upon, and inure to. the benefit of the parties, their successors and assigns; provided, however, that Permittee shall not assign this permit or any interest therein without Railroad's written consent. 16. Permittee shall notify Railroad's Division Superintendent a minimum of 48 hours prior to its entry on Railroad's right-of-way. 17. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment. 18. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, maintain and repair the cable, placing the same at least FIVE FEET (5' ) below the bottom of the rails in Railroad's railway. IN WITNESS WHEREOF, the parties hereto have executed these presents this 8th day of July 1985. BURLINGTON NORTHERN RAILROAD COMPANY By General Manager yeattle Region Witnesses to Signature of Permittee: YELM TELEPHONE COMPANY R Pipeline Permit o X92-16.22.5 s' Parametrix, Inc. 21-1781-04 THIS AGREEMENT, made this 1st day of DECEMBER, 1992, between BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Burlington" whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, Washington 98104-1105, and CITY OF YELM whose post office address is: 105 Yelm Avenue West P. 0. Box 479 Yelm WA 98597 hereinafter called "Permittee," WITNESSETH: Burlington, for and in consideration of the fee herein provided to be paid by Permittee to Burlington, and of the covenants and promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission to excavate for, construct, maintain and operate a 12.75-inch PVC carrier pipe in a 20-inch steel casing pipe, installation to be by open-cut at a minimum depth of 5-feet 6-inches below T/Tie. Pipe line to enter BN's Right of way at Station 1273+02 (MP24. 12) running parallel across the Centralia Canal and exit the Right of way at Station 1274+38 (MP24. 15) . (All charges created by the open cut will be charged to the Permittee through the BNRR's Accounting office in St. Paul MN) SPECIAL NOTE: CENTRALIA IS RESPONSIBLE FOR THE SYSTEM, (Docket 15024) Mr. Glen Haug's, Manager of Engineering, comments are: I WILL RELUCTANTLY APPROVE, BUT THEY MUST UNDERSTAND THEY WILL BE RESPONSIBLE IF WE (BNRR) damage pipe in a derailment. hereinafter referred to as "Facility" upon, along or across the right-of-way of Burlington, underneath the surface thereof, and under the tracks of Burlington, as the case may be, at or near YELM, in the County of Thurston, State of Washington, to be located as follows, to-wit: Crossing at Line Segment 0400 - Survey Station 1274+08 - Milepost 24. 14. Permittee in consideration of such license and permission hereby covenants and promises as follows: 1. For this Permit, Permittee will pay Burlington, in advance, the sum of FOUR HUNDRED FIFTY-DOLLARS ($450.00) for the entire time this Permit remains in effect and Permittee will also pay or reimburse Burlington for all taxes and assessments that may be levied or assessed against said Facility. Burlington reserves the right to change the fee on future Permits at any time without notice. This provision shall in no way affect Burlington's right to terminate this Permit pursuant to Paragraph 10 hereof. Burlington 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 (nr hic rnntrartnr) clhnll nt Pnv-44-fc lc _U+-4- —A previous condition subject to the Division Roadmaster's approval. Said Roadmaster shall have the right at any time when in his/her judgment it becomes necessary or advisable to require any material used in the work to be replaced with like material or with material of a more permanent character, also to require additional work or change of location of said Facility as a matter of safety and/or appearance, or on account of additional tracks being laid, change of grade thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of Burlington's railroad, all of which shall be done at the expense of Permittee in the manner herein provided. 3. Permittee shall give to the Division Roadmaster at least 48 hours advance notice of any work to be done by Permittee in the excavation for, construction, reconstruction, maintenance, repair, change of location or removal of said Facility, and shall conduct said work in such a manner as not to interfere with the maintenance and operation of Burlington's railroad. 4. In the event that Burlington performs any work, furnishes any material or flagging service, or incurs any expense whatsoever on account of the excavation for, construction, reconstruction, maintenance, repair, change of location, removal of the Facility, or otherwise, Permittee shall reimburse Burlington for the cost thereof within twenty (20) days after bills are rendered therefor. If the excavation for, construction, reconstruction, maintenance, repair, change of location, or removal of the Facility, requires any or all of the following work: removal and replacement of track, bridging, protection of track, or other railroad facilities by work or flagging, engineering, 'and/or supervision, such work is to be performed by Burlington employees and the cost borne by Permittee. 5. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC, COMMUNICATIONS, CONTROL SYSTEMS, AND OTHER TYPES OF CABLES MAY BE BURIED ON BURLINGTON's PROPERTY. Before beginning work, Permittee shall telephone Burlington's Communications Network Control Center at 1-800-533-2891 (a 24-hour number) to determine if cable systems are buried on Burlington's property to be used by Permittee. The Communications Network Control Center will contact the appropriate personnel to have cables located and make arrangements with Permittee as to the protective measures that must be adhered to prior to the commencement of any work on Burlington's property. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold Burlington harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any damage to or destruction of any telecommunications system by Permittee, and/or its contractor, agents and/or employees, on Burlington's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Burlington's property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies) . 6. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the Facility which, in the opinion of Burlington, interferes with train signals in any way, telephone or telegraph lines, or other facilities of Burlington, Permittee, upon being informed by Burlington of such interference, shall forthwith discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee further agrees to indemnify and save harmless Burlington from and against any damages, claims losses, suits, or expenses in any manner arising from or growing out of interference with the signals, telephone, or telegraph lines of Burlington by the operation, use, or existence of any such grounding system. "v 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 all claims, demands, suits, actions, damages, recoveries, judgment, 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 Burlington on account of any such personal injury or death, and loss and damage to or destruction of 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 AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; PROVIDED, HOWEVER, THAT PERMITTEE SHALL HAVE NO OBLIGATION TO ASSUME SUCH LIABILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE OF BURLINGTON OR ITS EMPLOYEES OR AGENTS WHERE ASSUMPTION OF SUCH LIABILITY WOULD VIOLATE WASHINGTON LAW (RCW 4.24. 115) , OREGON, IDAHO OR THE PROVINCE OF BRITISH COLUMBIA LAWS. 8. Permittee shall not transfer or assign this Agreement without the written consent of Burlington. 9. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment. 10. It is expressly understood and agreed that Burlington may at any time cancel and terminate this license and permission by giving to Permittee thirty (30) days' written notice of its intention to cancel the same and at the expiration of such notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof, Permittee, under the supervision and direction of said General Manager, or his authorized repre- sentative, shall remove said Facility from the right-of-way of Burlington and restore the right-of-way and premises of Burlington in a manner and to such condition as shall be satisfactory to said General Manager. If Permittee fails to remove the Facility and restore said right-of-way to such condition within said thirty (30) day period, Burlington at its option may remove same and restore said right-of-way to its previous condition, and Permittee shall pay to Burlington the cost and expense thereof. 11. Upon any failure of Permittee to punctually and strictly observe and perform the covenants and promises made herein by Permittee to be kept and performed, Burlington may terminate this Agreement on ten (10) days notice to Permittee, remove said Facility, and restore the right-of-way to its previous condition at the cost and expense of Permittee. 12. In the event of Permittee's desire to remove or abandon in place said Facility, Permittee agrees to notify Burlington's General _Manager in writing, within thirty (30) days prior to such action, requesting termination of said Agreement. 13. Any notices given under the provisions of this Agreement shall be good if properly deposited with the United States (or other appropriate) Postal Service addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee. 14. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by Burlington affecting the premises upon which said Facility is located. Subject to the foregoing provisions, this Agreement and all of the covenants and promises thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, successors and assigns. ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. PX92-16225 DATED December 1, 1992 The Permittee or his contractor(s) shall procure and maintain in full force and effect during the construction period and all future maintenance or reconstruction periods, which require the use of heavy machinery or excavation of soil upon BURLINGTON's Right-of-way or within FIFTY (50) FEET of BURLINGTON's tracks the following insurance: (1) Commercial General Liability (including contractual liability) against all claims arising out of bodily injury, illness and death and from damage to or destruction of our property or to property of others, including loss or use thereof, and including liability of Burlington, with minimum limits for bodily injury and property damage of $1,000,000 for each occurrence and (2) Railroad Protective Liability Insurance for bodily injury and property damage, covering all acts of the Permittee or his contractor during construction of Permit Number PX92-1622.5, with standard limits of $2,000,000 per occurrence, with an aggregate limit of $6,000,000. The BURLINGTON will be the named insured on the Railroad Protective Liability Policy. This Policy and the Certificate of Insurance for General Liability must be submitted with this Permit. The Railroad Protective Liability coverage may be provided by exercising one of the two following alternatives: (a) Permittee or his contractor(s) purchase a policy on the open market or (b) Permittee shall have the option to participate in the Burlington Blanket Railroad Protective Liability program by paying to Burlington in check, prior to the commencement of any work or access under this Permit, the amount of $250.00 referencing Permit No. PX92-16225. Prior to commencement of any work to be performed under this agreement, Permittee shall submit to Burlington the ORIGINAL INSURANCE POLICY AS DESCRIBED IN (A) ABOVE, WITH the Permit No. PX92-16225 shown on the declarations page. It is understood that said insurance policy shall be so written that no insurance company shall have any recourse against Burlington, by way of subrogation or otherwise, for any loss covered by or paid or payable under said policies. Active Construction, Inc. Triple R Construction Contractor Subcontractor P.O. Box 191 17 E. Valley Hwy. E. Address Address Gig Harbor. Wa. 98335 Sumner, Wa. 98390 Cit State, Zi , Phone Number Cit State, Zi Phone Number ( 6)851 96 Project gineer's Nam . Project E gineer's Name If more than one Subcontractor is involved, attach additional information to this Addendum, together with Insurance. required. NEITHER PERMITTEE, CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON BURLINGTON'S PROPERTY AND/OR RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF INSURANCE HAS BEEN FURNISHED AND APPROVED BY BURLINGTON, AND THE ROADMASTER NOTIFIED 48 HOURS IN ADVANCE. Questions or clarifications of insurance requirements may be directed to: Ms. Judith Harris Risk Management Analyst BURLINGTON NORTHERN RAILROAD COMPANY 7 IN WITNESS WHEREOF, Burlington and Permittee have executed this Agreement in duplicate as of the day and year first hereinabove written. BURLINGTON NORTHERN RAILROAD COMPANY By i 0(Zs G p�tJJ Title: Witnesses in presence of: CITY OF YELM By: i' v ( t ess) n / Title: (Wi ess) ��+ 1 Pipeline Permit �' o y�PX92=-1:6226 51-52 Parametrix, Inc. 21-1781-04 Rhoton Road THIS AGREEMENT, made this 1st day of DECEMBER, 1992, between BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called "Burlington" whose post office address is 2000 First Interstate Center, 999 Third Avenue, Seattle, Washington 98104-1105, and CITY OF YELM whose post office address is: 105 Yelm Avenue West P. 0. Box 479 Yelm WA 98597 hereinafter called "Permittee," WITNESSETH: Burlington, for and in consideration of the fee herein provided to be paid by Permittee to Burlington, and of the covenants and promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission to excavate for, construct, maintain and operate a 8.625-inch PVC carrier pipe in a 16-inch steel casing pipe for sewer line, installation to be by open cut, at a minimum depth of 5-feet 6-inches below T/Tie (all charges due to the 'open cut' by the Roadmasters office will be billed by the Burlington's St. Paul accounting office) hereinafter referred to as "Facility" upon, along or across the right-of-way of Burlington, underneath the surface thereof, and under the tracks of Burlington, as the case may be, at or near YELM, in the County of Thurston, State of Washington, to be located as follows, to-wit: Crossing at Line Segment 0400 - Survey Station 1327+92 - Milepost 25. 16. Permittee in consideration of such license and permission hereby covenants and promises as follows: 1. For this Permit, Permittee will pay Burlington, in advance, the sum of FOUR HUNDRED FIFTY DOLLARS ($450.00) for the entire time this Permit remains in effect and Permittee will also pay or reimburse Burlington for all taxes and assessments that may be levied or assessed against said Facility. Burlington reserves the right to change the fee on future Permits at any time without notice. This provision shall in no way affect Burlington's right to terminate this Permit pursuant to Paragraph 10 hereof. Burlington 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 (or his contractor) shall at Permittee's expense obtain and furnish to Burlington a Railroad Protective Liability Insurance, or Certificate of Self-Insurance, in accordance with and subject to the terms of the Addendum attached hereto and made a part hereof. 2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair said Facility placing same in nrrnrdnnrP wiHi Hia enPr4f4Pnf-4nnc nrnvillcA in nnn14rnf-4nn qnf-n'l szhn/Q9 U not connected with the operation, maintenance, or improvement of Burlington's railroad, all of which shall be_ done at the expense of Permittee in the manner herein provided. 3. Permittee shall give to the Division Roadmaster at least 48 hours advance notice of any work to be done by Permittee in the excavation for, construction, reconstruction, maintenance, repair, change of location or removal of said Facility, and shall conduct said work in such a manner as not to interfere with the maintenance and operation of Burlington's railroad. 4. In the event that Burlington performs any work, furnishes any material or flagging service, or incurs any expense whatsoever on account of the excavation for, construction, reconstruction, maintenance, repair, change of location, removal of the Facility, or otherwise, Permittee shall reimburse Burlington for the cost thereof within twenty (20) days after bills are rendered therefor. If the excavation for, construction, reconstruction, maintenance, repair, change of location, or removal of the Facility, requires any or all of the following work: removal and replacement of track, bridging, protection of track, or other railroad facilities by work or flagging, engineering, and/or supervision, such work is to be performed by Burlington employees and the cost borne by Permittee. 5. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC, COMMUNICATIONS, CONTROL SYSTEMS, AND OTHER TYPES OF CABLES MAY BE BURIED ON BURLINGTON's PROPERTY. Before beginning work, Permittee shall telephone Burlington's Communications Network Control Center at 1-800-533-2891 (a 24-hour number) to determine if cable systems are buried on Burlington's property to be used by Permittee. The Communications Network Control Center will contact the appropriate personnel to have cables located and make arrangements with Permittee as to the protective measures that must be adhered to prior to the commencement of any work on Burlington's property. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold Burlington harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any damage to or destruction of any telecommunications system by Permittee, and/or its contractor, agents and/or employees, on Burlington's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Burlington's property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies) . 6. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the Facility which,. in the opinion of Burlington, interferes with train signals in any way, telephone or telegraph lines, or other facilities of Burlington, Permittee, upon being informed by Burlington of such interference, shall forthwith discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee further agrees to indemnify and save harmless Burlington from and against any damages, claims losses, suits, or expenses in any manner arising from or growing out of interference with the signals, telephone, or telegraph lines of Burlington by the operation, use, or existence of any such grounding system. 7. Permittee shall and hereby releases and discharges Burlington of and from any and all liability for damage to or destruction of said Facility, and any other property of Permittee located on or near Burlington's premises, and shall and hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers, employees and agents of the parties hereto, and loss of or damage to property to whomsoever belonging, including ^-#— anTned h i. leARed tn. nr in the CAre. riiRtndv and cnntrnl of the. nnrtieR damage to or destruction of 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 AGENTS, SERVANTS, EMPLOYEES, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; PROVIDED, HOWEVER, THAT PERMITTEE SHALL HAVE NO OBLIGATION TO ASSUME SUCH LIABILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE OF BURLINGTON OR ITS EMPLOYEES OR AGENTS WHERE ASSUMPTION OF SUCH LIABILITY WOULD VIOLATE WASHINGTON LAW (RCW 4.24. 115) , OREGON, IDAHO OR THE PROVINCE OF BRITISH COLUMBIA LAWS. 8. Permittee shall not transfer or assign this Agreement without the written consent of Burlington. 9. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment. 10. It is expressly understood and agreed that Burlington may at any time cancel and terminate this license and permission by giving to Permittee thirty (30) days' written notice of its intention to cancel the same and at the expiration of such notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof, Permittee, under the supervision and direction of said General Manager, or his authorized repre- sentative, shall remove said Facility from the right-of-way of Burlington and restore the right-of-way and premises of Burlington in a manner and to such condition as shall be satisfactory to said General Manager. If Permittee fails to remove the Facility and restore said right-of-way to such condition within said thirty (30) day period, Burlington at its option may remove same and restore said right-of-way to its previous condition, and Permittee shall pay to Burlington the cost and expense thereof. 11. Upon any failure of Permittee to punctually and strictly observe and perform the covenants and promises made herein by Permittee to be kept and performed, Burlington may terminate this Agreement on ten (10) days notice to Permittee, remove said Facility, and restore the right-of-way to its previous condition at the cost and expense of Permittee. 12. In the event of Permittee's desire to remove or abandon in place said Facility, Permittee agrees to notify Burlington's General Manager in writing, within thirty (30) days prior to such action, requesting termination of said Agreement. 13. Any notices given under the provisions of this Agreement shall be good if properly deposited with the United States (or other appropriate) Postal Service addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee. 14. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by Burlington affecting the premises upon which said Facility is located. Subject to the foregoing provisions, this Agreement and all of the covenants and proniises thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, successors and assigns. ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. PX92-16226 DATED December 1, 1992 The Permittee or his contractor(s) shall procure and maintain in full force and effect during the construction period and all future maintenance or reconstruction periods, which require the use of heavy machinery or excavation of soil upon BURLINGTON's Right-of-way or within FIFTY (50) FEET of BURLINGTON's tracks the following insurance: (1) Commercial General Liability (including contractual liability) against all claims arising out of bodily injury, illness and death and from damage to or destruction of our property or to property of others, including loss or use thereof, and including liability of Burlington, with minimum limits for bodily injury and property damage of $1,000,000 for each occurrence and (2) Railroad Protective Liability Insurance for bodily injury and property damage, covering all acts of the Permittee or his contractor during construction of Permit Number PX92-16226, with standard limits of $2,000,000 per occurrence, with an aggregate limit of $6,000,000. The BURLINGTON will be the named insured on the Railroad Protective Liability Policy. This Policy and the Certificate of Insurance for General Liability must be submitted with this Permit. The Railroad Protective Liability coverage may be provided by exercising one of the two following alternatives: (a) Permittee or his contractor(s) purchase a policy on the open market or (b) Permittee shall have the option to participate in the Burlington Blanket Railroad Protective Liability program by paying to Burlington in check, prior to the commencement of any work or access under this Permit, the amount of $250.00 referencing Permit No. PX92-16226. Prior to commencement of any work to be performed under this agreement, Permittee shall submit to Burlington the ORIGINAL INSURANCE POLICY AS DESCRIBED IN (A) ABOVE, WITH the Permit No. PX92-16226 shown on the declarations page. It is understood that said insurance policy shall be so written that no insurance company shall have any recourse against Burlington, by way of subrogation or otherwise, for any loss covered by or paid or payable under said policies. Active Const. , Inc. Triple R Construction Contractor Subcontractor P.O. Box 191 17 E. Valley Hwy. E. Address Address Gig Harbor, Wa. 98335 Sumner, Wa. 98390 City, State, Zip, Phone Number City, State, Zip, Phone Number 06 851-A611 ��. 06)735- 4 ag, �C Project ngineer's Name Project gineer's Namet If more than one Subcontractor is involved, attach additional information to this Addendum, together with Insurance required. NEITHER PERMITTEE, CONTRACTOR, OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON BURLINGTON'S PROPERTY AND/OR RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF INSURANCE HAS BEEN FURNISHED AND APPROVED BY BURLINGTON, AND THE ROADMASTER NOTIFIED 48 HOURS IN ADVANCE. Questions or clarifications of insurance requirements may be directed to: Ms. Judith Harris Risk Management Analyst RTTPT.TN('_TOM Mr)PTTTR'PM PATT.PnAn f.OMPAMV IN WITNESS WHEREOF, Burlington and Permittee have executed this Agreement in duplicate as of the day and-year first hereinabove written. BURLINGTON NORTHERN RAILROAD COMPANY By: — rbR: Aj P, S � Title: Witnesses in presence of: CITY OF YELM 4z-pj By: 4Wess)- Title: Sewer Project Manager itness) o 1 1 r BURLINGTON M" NORTHERN RAILROAD OVERHEAD WIRE LINE CROSSING PERMIT NO.°PX93=X152°33. SYT-31 BURLINGTON NORTHERN RAILROAD COMPANY,a Delaware corporation,hereinafter called "Burlington," whose address is P.O. Box 29136, Overland Park, Kansas 66201-9136, in consideration of the rents to be paid and the covenants to be kept and performed by PUGET SOUND POWER &LIGHT COMPANY hereinafter called "Permittee," whose address is 2703 Pacific Avenue P.O.Box 287 Olympia,Washington 98507 hereby grants Permittee the right to construct, operate, maintain, inspect, use, and remove a wire line facility, including all necessary poles,wires,cables, and conduits together with necessary appurtenances thereto, hereinafter called "Wire Line," upon and across the railroad tracks, and the communication or signal wires, and right-of-way of Burlington, above the surface thereof, for the purpose of transmitting electric current for power or for communication,as hereinafter described: An overhead Wire Line across the right-of-way of Burlington above the surface thereof, and over the tracks of its railroad at or near YeIM,Thurston County, Washington, to be located at Line Segment: 0400 Survey Station: 1317.70 MilePost: 24.97 This permission is given upon the following terms and conditions: 1. Permittee will pay in advance to Burlington for this permit the sum of Four Hundred Fifty Dollars ($450) for the entire period that this permit remains in effect, and Permittee will also pay all taxes and assessments that may be levied or assessed against the Wire Line. Burlington may assign any receivable due them under this Agreement , provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this Agreement. This provision shall in no way affect Burlington's right to terminate this permit pursuant to Paragraph 15 hereof. 2. Said Wire Line shall be used for the sole purpose of conducting electric currents at a potential not to exceed 12.5 kv volts. 3. Said Wire Line shall be constructed and maintained in accordance with Burlington's requirements, the National Electric Safety Code, and any statute, order, rule, or regulation of any public authority having jurisdiction. Application and plans shall be submitted by Permittee to Burlington and must be approved by Burlington prior to construction or any reconstruction of said Wire Line. 5 �w Form 16011•E 2 ' 4. All cost of construction and maintenance of said Wire Line shall be paid by Permittee. If it is necessary, as determined by Burlington's Superintendent Maintenance & Engineering, for Burlington to perform any portion of the work of construction,maintenance,or removal of said Wire Line,same shall be done at the expense of Permittee. Burlington will determine the costs of any such work and submit bill for same to Permittee and Permittee shall pay such billed amount within 30 days after bill is rendered therefor. 5. If in the judgment of Burlington's Superintendent Maintenance & Engineering, the construction, maintenance, or continued existence of Wire Line herein contemplated necessitates any change or alteration in the location or arrangement of any wires,structures,or other facilities of Burlington or of third persons,the cost of such change or alteration will be paid by Permittee. 6. Burlington shall have the right, for reasons of safety, to require that repairs be made to said Wire Line, and upon request from Burlington,Permittee shall immediately make such repairs at Permittee's expense. If at any time it becomes necessary in the judgment of Burlington for reasons of safety or otherwise, to require change in the location, elevation, or method of construction of said Wire Line, such changes will be made by Permittee at Permittee's expense within thirty(30)days after being requested to do so. If Permittee fails to so do,Burlington may make such changes and the cost thereof will be paid by Permittee. 7. If Wire Line is to be placed above the surface, Permittee, at Permittee's sole cost and expense, shall excavate for,construct, maintain,and repair said Wire Line, placing the same at least Thirty feet( 30 ) above the top of the rails of Burlington's railroad. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC, COMMUNICATIONS, CONTROL SYSTEMS, AND OTHER TYPES OF CABLES MAY BE BURIED ON BURLINGTON's PROPERTY. Before beginning work, Permittee shall telephone Burlington's Communications Network Control Center at 1-800-533-2891 (a 24-hour number) to determine if cable systems are buried on Burlington's property to be used by Permittee. The Communications Network Control Center will contact the appropriate personnel to have cables located and make arrangements with Permittee as to the protective measures that must be adhered to prior to the commencement of any work on Burlington's property. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold Burlington harmless against and from all cost, liability, and-expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any damage to or destruction of any telecommunications system by Permittee, and/or its contractor, agents and/or employees, on Burlington's property,(2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Burlington's property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies). 8. After the completion of any Wire Line construction, repair, or removal, Permittee shall remove from the premises of Burlington,to the satisfaction of Burlington's Superintendent Maintenance & Engineering, all falsework and equipment used in such construction,repair,or removal work. 9. Permittee shall, upon the giving of 48 hours advance notice to Burlington's Superintendent Maintenance & Engineering, have the right to enter the premises of Burlington for the purpose of maintaining, repairing, or removing said Wire Line, and, in the exercise of this right, Permittee shall not unduly interfere with the rights of Burlington or others on or about the premises. In the case of bona fide emergency, the 48 hours notice may be waived; however, if emergency work is necessary, Permittee shall make every effort to notify Burlington that such work is to be done. Permittee shall, at its own expense, restore any facilities on said premises which are in any manner disturbed by such maintenance,repairs,or removal. 10. This permission is granted subject to permits, leases, and licenses, if any, heretofore granted by Burlington affecting the premises upon which said Wire Line is located. 11. If the operation or maintenance of said Wire Line shall at any time cause interference, including but not limited to physical interference, from electromagnetic induction, electrostatic induction, or from stray or other currents, with the facilities of Burlington or of any lessee or licensee of Burlington, or in any manner-interfere with Form 16011-E operation, maintenance or use by Burlington of its right-of-way, tracks, structures, pole lines, signal and communication lines, radio or other equipment, devices, or other property or appurtenances thereto, Permittee agrees immediately to make such changes in said Wire Line and furnish such protective devices to Burlington and its lessees or licensees as shall be necessary in the judgment of Burlington's representatives to eliminate such interference. The cost of such protective devices and their installation shall be borne solely by the Permittee. If any of the interference covered by this paragraph shall be, in the judgment of Burlington, of such importance to the safety of Burlington's operations as to require immediate corrective action, Permittee, upon notice from Burlington, shall either,at Burlington's election,cease using said Wire Line for any purpose whatsoever and remove the same, or reduce the voltage or load on said Wire Line,or take such other interim protective measures as Burlington may deem ! advisable until the protective devices required by this paragraph have been installed, put in operation, tested, and found to be satisfactory to correct the interference. 12.Permittee agrees that said Wire Line and the use of same for conducting electric current shall not damage the railroad or structures of Burlington, or the property of any other tenant of Burlington, or any other property upon the premises of Burlington, or be a menace to the safety of Burlington's operations or any other operations conducted on said premises. Permittee does hereby release, indemnify, and save harmless Burlington and Burlington's other tenants,their successors and assigns,from and against all loss,damages, claims,demands, actions, causes of action, costs, and expenses of every character which may result from any injury to or death of any person whomsoever, including but not limited to,.employees and agents of the parties hereto, and from loss of or damage to property of any kind or nature to whomsoever belonging, including but not limited to, property owned by, leased to,or in the care, custody,and control of the parties hereto and other tenants of Burlington,when such injury,death, loss,or damage is caused or contributed to by,or arises from,the construction, installation, maintenance, condition, use, operation, removal, or existence of said Wire Line upon Burlington premises. 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 AGENTS;'SERVANTS, EMPLOYEES,OR OTHERWISE. 13. It is understood by the parties that said Wire Line will be in danger of damage or destruction by fire or other causes incident to the operation, maintenance, or improvement of Burlington's property, and.Permittee accepts this permit subject to such dangers. It is therefore agreed, as one of the material considerations of this permit, without which the same would not be granted, that Permittee hereby assumes all risk of loss, damage, or destruction to said Wire Line without regard to whether such loss be occasioned by fire or sparks from locomotives or other causes incident to or arising from the movement of locomotives, trains, or cars of any kind, misaligned switches, or in any respect from the operation, maintenance,or improvement of Burlington's property, OR TO WHETHER SUCH LOSS OR DAMAGE BE THE RESULT OF NEGLIGENCE OR MISCONDUCT OF BURLINGTON OR ANY PERSON IN THE EMPLOY OR SERVICE OF BURLINGTON, or of defective appliances, engines, or machinery, and Permittee does hereby save and hold harmless Burlington from all such damage,claims,and losses. 14. It is agreed that the provisions of this permit 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 upon which the above described Wire Line is located. 15. Either party hereto shall have the right to terminate this permit, and the same shall terminate, at the expiration of ninety (90) days after the giving of written notice by one party to the other of intention to terminate same. Any such notice shall be good if properly deposited with the United States Postal Service addressed to the party being notified at such party's post,off ice address above stated. Upon termination Permittee shall promptly remove the Wire Line from Burlington's premises and if Permittee shall fail to remove same or any other material or property owned by it within the time prescribed in a notice of termination, Burlington may appropriate such property to its own use without compensation,.or may remove the same at the expense of Permittee. 16. This permit shall be binding upon, and inure to the benefit of the parties, their successors and assigns; provided, however, that Permittee shall not assign this permit or any interest therein without Burlington's written consent. Form 16011-E 17. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment. 18. In the event of Permittee's removal of the Wire Line from Burlington's premises, Permittee agrees to notify Burlington's Superintendent Maintenance & Engineering in writing of Permittee's removal of such Wire Line and terminate this Agreement effective with the date of removal of said Wire Line from Burlington's premises. IN WITNESS WHEREOF,the parties hereto have executed this Agreement in duplicate this 16th day of November, 1993. BURLINGTON NORTHERN RAILROAD COMPANY AVP Network Services PUGET SOUND POWER&LIGHT COMPANY (Permittee) ell1 By (Witness) Arnold J. Tama Title Director Real Estate (Witness) I gr Form 16011-E BURLINGTON 1 NORTHERN RAILROAD ADDENDUM TO BURLINGTON NORTHERN RAILROAD COMPANY PERMIT NO. PX 93-16233 DATED November 16, 1993 The Permittee and contractors must at their own expense obtain and maintain in force during construction the following insurance: 1. Commercial General Liability Insurance, including contractual liability and products completed/operations, against claims arising out of bodily injury, illness and death and from damage to or destruction of property of others, including loss or use thereof, and including liability of Burlington Northern Railroad Company, with minimum limits for bodily injury and property damage of$1,000,000 for each occurrence, with an aggregate of$2,000,000. This policy shall contain a 'Waiver of Transfer Rights" endorsement to waive any right of recovery that the insurance company may have against Burlington Northern Railroad Company because of payments made for bodily injuries and property damage. 2. Business Automobile Policy Insurance, including owned, non-owned, and hired vehicles with minimum limits for bodily injury and property damage of $1,000,000 per occurrence, on all vehicles that the Permittee or any of its agents or employees may use at any time in connection with the performance of this Agreement. 3. Worker's Compensation Insurance or coverage as required under the Worker's Compensation Act of the applicable state. The policy should include occupational disease to required statutory limits, employer's liability of$1,000,000 to it ctude FELA, if appropriate, and an "all states"endorsement. Evidence of the above insurance (certificate of insurance) must be provided prior to commencement of work and BN shall not be named insured under the above policies. 4. A Railroad Protective Liability Insurance policy issued in the name of Burlington Northern Railroad Company with limits of $2,000,000 for bodily injury and property damage per occurrence, with an aggregate of $6,000,000 must be provided when construction work will be within 50 (Fifty) feet of our tracks. The policy will remain in force during the construction phase of this project and must be provided prior to BN signing the permit or contract. OPTION Instead of No. 4 above, participation in Burlington Northern Railroad Company's BLANKET RAILROAD PROTECTIVE LIABILITY INSURANCE POLICY is available to Permittees and contractors. The limits of coverage are the same as above and are in force during the construction,p�ase of the Permit. The amount is $158.00 referencing Permit No. PX93-16233 for this insurance"pack'age. CONTRACTOR: SUBCONTRACTOR: I i Address Address City, State Zip City, State Zip Project Engineers Name Project Engineers Name i - L If more than one Subcontractor is involved, attach additional information to this Addendum,' together with Insurance required. NEITHER PERMITTEE CONTRACTOR OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON BURLINGTON S PROPERTY AND/OR RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF INSURANCE HAS BEEN FURNISHED AND APPROVED BY_BURLINGTON NORTHERN, AND THE ROADMA5TER NOTIFIED 48 HOURS IN ADVANCE. Questions or clarifications of insurance requirements may be directed to: Ms. Judith Harris Risk Management Analyst BURLINGTON NORTHERN RAILROAD COMPANY 777 Main Street Fort Worth,TX 76102 Phone: 817-878-2374 FAX: 817-878-7032 �Lj M REQUIREMENTS FOR CONTRACTORS & SUBCONTRACTOR WORKING ON BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY In order to protect BN's investment in its right-of-way and for the safety of persons coming onto BN property: BN has established certain requirements. The following constitute minimum requirements for all persons coming on or near BN right-of- way. Contractors are encouraged to develop their own safety rules that meet or exceed the following requirements. Contractors will not be allowed to occupy or work on Burlington Northern RR right-of-way prior to signing and dating this document and returning it to the Burlington Northern contact person shown on page 2. 1. All permits and agreements must be in effect, required payments made, and insurance certificates received and approved prior to Contractor entering Railroad right-of-way. Insurance must remain in effect during the entire project. 2. Any dewatering utilizing drains or ditches on BN property must be approved by a BN Engineer or Road master. 3. Contractor must have BN approved "Construction Plans" prior to commencing work on a project. No change will be made to "Construction Plans" without approval by all parties involved. Approved revised plan will be furnished to all parties prior to implementation of changes. 4. Road Authority or Contractor will incur all costs for track work, including flagging, etc., made necessary due to their construction operation. 5. Pursuant to Federal Regulation, flagging protection is always required when equipment crosses or is working within 25 feet of center of any live track. When deemed necessary by local BN officers, a flagman may be required at all' times while working on BN right-of-way in high density rail traffic areas. 6. Crossing of any Railroad tracks must be done at approved locations and must be over full depth timbers, rubber, etc. Any equipment with steel wheels, lugs, or tracks must not cross steel rails without aid of rubber tires or other, approved protection. 7. All temporary construction crossings must be covered by a Private Roadway & Crossing Agreement, and must be barricaded when not in use. 8. Contractor must furnish details on how he will perform work that may affect existing drainage and/or possible fouling of track ballast as well as removal of overhead bridges/structures. (Structures and bridge spans over tracks must be removed intact.) 9. Absolutely no piling of construction materials or any other material, including dirt, sand, etc., within 15 feet of center of any secondary track (25 feet of Main Line and siding tracks) or on property of the Railroad not covered by Construction Easement, permit, lease or agreement. A 10' clear area on both sides of a main track must remain unobstructed at all times to allow for stopped train inspection. 10. No construction will be allowed within 15 feet of center of any track unless authorized by Burlington Northern Railroad General Roadmaster and as shown on Plan approved by the Railroad. This includes any excavation, slope:-,, encroachment and driving of sheet piles. a� 1 11. No vehicles or machines shall remain unattended within 15 feet of a secondary track or within 25 feet of a Main Line track. 12. IMPORTANT: Disregard of any of these items will result in Contractor being shut down for a minimum of 48 hours on Burlington Northern Railroad right-of-way while infraction is investigated. Based on findings of the investigation, it will be determined if the Contractor will be allowed to work on BN RR right-of-way in the future. 13. Contractor safety rules, including rules regarding Personal Safety Equipment, must not conflict with BN safety policies or rules. 14. Articles included in Agreement should complement this document or exceed, its contents. CONTRACTOR'S ACKNOWLEDGMENT: COMPANY WORK SITE LOCATION: By: Town: Yelm TITLE State: WA DATE Project: SYT-31 SUBCONTRACTOR'S ACKNOWLEDGMENT: Date: November 16, 1993 COMPANY By: Permit No: PX93-16233 TITLE DATE ADDRESS:Burlington Northern RR Co ; 2000 First Interstate Center 999 Third Avenue Seattle WA 98104-1105 (Form 4/29/93) 2 a VAIMBURLINGTON NORTHERN RAILROAD PIPELINE PERMIT NM PX- 4=20688-, AGREEMENT made this 23rd day of December, 1994, between BURLINGTON NORTHERN RAILROAD COMPANY,a Delaware corporation,hereinafter called"Burlington,"and YELM TELEPHONE COMPANY,a Washington corporation, hereinafter called'Permittee,"whose address is: P.0. Box 593 Yelm WA 98597 WITNESSETH: Burlington,for and in consideration of the fee herein provided to be paid.by Permittee to Burlington,and of the covenants and promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission to excavate for,construct,maintain,and operate a Fiber Optic Cable in a 2.375 welded extra heavy steel casing pipe, buried at a minimum depth'of 5-feet six-inches, from the top of tie to top of casing, crossing tracks at a angle of 45 degree, installation by jack and bore, with face of jacking/receiving pits a minimum of 25 feet from centerline of nearest track hereinafter referred to as 'Facility' upon, along or across the right-of-way of Burlington, underneath the surface thereof, and under the tracks of Burlington,as the case may be,at or near YELM Station, in the County of Pierce, State of Washington to be located as follows,to wit: Line Segment: 0400 Mile Post: 24.98 Priorto installation,48 hours' advance notice must be given to the following BN offices: Network Control Center 1-800-533-2891 Roadmaster Bernie Smith,Tacoma WA at 206-591-2562 Signal Supervisor A.W.Althauser, Centralia WA at 206-330-2525 Telecommunications Supervisor G. D. Mergel, Seattle WA at 206-467-3489 I i Also, upon completion of your work on BN property, advise the Roadmaster, allowing final inspection of the site. Permittee inconsideration of such license and permission hereby covenants and promises as follows: 1. For this Permit, Permittee will pay Burlington, in advance, the sum of Four Hundred Fifty Dollars ($450) for the entire timethis Permit remains in effect and Permittee will also pay or reimburse Burlington for all taxes and assessments that may be levied or assessed against said Facility. Burlington reserves the right to change the fee on future Permits at any time without notice. This provision shall in no way affect Burlington's right to terminate said Permit pursuant to Paragraph 10 hereof. Either party hereto may assign any receivables due them under this Form 60025-E 10-91 ( Z Agreement, provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this Agreement. 2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair said Facility placing same in accordance with the specifications provided in application dated December 15, 1994, heretofore approved by Burlington. Permittee shall fill in the excavation and restore the surface of the ground upon which the Facility is located to its previous condition subject to the General Manager's approval. Said General Manager shall have the right at any time when in his/her judgment it becomes necessary or advisable to require any material used in the work to be replaced with like material or with material of a more permanent character, also to require additional work or change of location of said Facility as a matter of safety and/or appearance,or on account of additional tracks being laid,change of grade thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of Burlington's railroad, all of which shall be done at the expense of Permittee in the manner herein provided. 3. Permittee shall give to the General Manager at least two(2) days advance notice of any work to be done by Permittee in the excavation for,construction, reconstruction, maintenance, repair, change of location, or removal of said Facility,and shall conduct said work in such a manner as not to interfere with the maintenance and-operation of Burlington's railroad. 4. In the event that Burlington performs any work,furnishes any material or flagging service, or incumany expense whatsoever on account of the excavation for, construction, reconstruction, maintenance, repair, change of location, removal of the Facility, or otherwise, Permittee shall reimburse Burlington for the cost thereof within twenty(20) days after bills are rendered therefor. If the excavation for, construction, reconstruction, maintenance, repair, change of location, or removal of the Facility, requires any or all of the following work: removal and replacement of track, bridging, protection of track, or other railroad facilities by work or flagging, engineering, and/or supervision,such work is to be performed by Burlington employees and the cost borne by Permittee. 5. (a) PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC, COMMUNICATIONS, CONTROL SYSTEMS, AND OTHER TYPES OF CABLES MAY BE BURIED ON BURLINGTON's PROPERTY. Before beginning work, Permittee shall telephone Burlington's Communications Network Control Center at 1-800-533-2891 (a 24 hour number)to determine if cable systems are buried on Burlington's property to be used by Permittee. The Communications Network Control Center will contact the appropriate personnel to have cables located and make arrangements with Permittee as to the protective measures that must be adhered to prior to the commencement of any work on Burlington's property. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold Burlington harmless against and from all cost, liability, and expense whatsoever(including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any damage to or destruction of any telecommunications system by Permittee, and/or its contractor, agents and/or employees, on Burlington's property, (2) any injury to or death of any person employed by or on behalf of any telecommunications company,and/or its contractor, agents and/or employees,on Burlington's property,and/or(3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of such telecommunication company(ies). 6. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the Facility which,in the opinion of Burlington, interferes with train signals in any way,telephone or telegraph lines, or other facilities of Burlington, Permittee, upon being informed by Burlington of such interference,shall forthwith discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee further agrees to indemnify and save harmless Burlington from and against any damages,claims,losses,suits,or expenses in any manner arising from or growing out of interference with the signals, telephone, or telegraph lines of Burlington by the operation, use, or existence of any such grounding system. 7. Permittee shall and hereby releases and discharges Burlington of and from any and all liability for damage to or destruction of said Facility, and any other property of Permittee located o r n , Burlington's Form 60025-E 10-91 13 premises,and shall and hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers, employees, and agents of the parties hereto, and loss of or damage to property to whomsoever belonging,including property owned by, leased to,or in the care, custody, and control of the parties hereto, in any manner arising from or during the excavation for,construction, reconstruction,use,maintenance, repair,or removal of said Facility, 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 Burlington on account of any such personal injury or death, and loss and damage to or destruction of 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 AGENTS,SERVANTS,EMPLOYEES,OR OTHERWISE. - 8. Permittee shall not transfer or assign this Agreement withoutthe written consent of Burlington. 9. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment. 10. It is expressly understood and agreed that Burlington may at any time cancel and terminate this license and permission by giving to Permittee thirty (30) days written notice of its intention to cancel the same and at;the expiration of such notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof, Permittee, under the supervision and direction of Burlington's Superintendent Maintenance & Engineering, or his authorized representative, shall remove said Facility from the right-of-way of Burlington and restore the right-of-way and premises of Burlington in a manner and to such condition as shall be satisfactory to said Superintendent Maintenance&Engineering. If Permittee fails to remove the Facility and restore said right-of-way to such condition within said thirty(30)day period, Burlington at its option may remove same and restore said right-of- way to its previous condition,and Permittee shall pay to Burlington the cost and expense thereof. 11. Upon any failure of Permittee to punctually and strictly observe and perform the covenants and promises made herein by Permittee to be kept and performed, Burlington may terminate this Agreement on ten (10) days notice to Permittee, remove said Facility, and restore said right-of-way to its previous condition at the cost and expense of Permittee. 12. Any notices given under the provisions of this Agreement shall be good if properly deposited with the United States Postal Service addressed to Permittee at Permittee's post office address above stated. 13. The license and permission herein granted is subject to permits, leases, and licenses, if any, heretofore granted by Burlington affecting the premises upon which said Facility is located. Subject to the foregoing provisions,this Agreement and all of the covenants and promises thereof,shall inure to the benefit of and be binding upon the parties hereto,their respective executors, administrators, successors,and assigns. Form 60025-E 10-91 ,I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the day and year first hereinabove written. BURLINGTON NORTHERN RAILROAD COMPANY For: G C_ AVP Finance&Administration YELM TELEPHONE COMPA (� (Per i By (witness) 2 LCL+-e,"� Title FAA- srms (--"rAl6se (Witness) Form 60025-E 10-91 JWW BURLINGTON NORTHERN A&PRAILMAD ADuENDUM TO BURLINGTON NORTHERN RAILhVAD COMPANY , PERMIT NO.PX 94-20688 DATED December 23, 1994 The Permittee and contractors must at their own expense obtain and maintain in force during construction the following insurance: 1. Commercial General Liability Insurance, including contractual liability and products completed/operations, against claims arising out of bodily injury,illness and death and from damage to or destruction of property of others, including loss or use thereof, and including liability of Burlington Northern Railroad Company, with minimum limits for bodily injury and property damage of $1,000,000 for each occurrence, with an aggregate of $2,000,000.,, This. policy shall contain a "Waiver of Transfer Rights" endorsement to waive any right of recovery that the insurance company may have against Burlington Northern Railroad Company because of payments made for bodily injuries and property damage. 2. Business Automobile Policy Insurance, including owned, non-owned,and hired vehicles with minimum limits for bodily injury and property damage of$1,000,000 per occurrence, on all vehicles that the Permittee or any of its agents or employees may use at any time in connection with the performance of this Agreement. 3. Worker's Compensation Insurance or coverage as required under the Worker's Compensation Act of the applicable state. The policy should include occupational disease to required statutory limits, employer's liability of $1,000,000 to include FELA,if appropriate,and an"all states"endorsement. Evidence of the above insurance(certificate of insurance) must be provided prior to commencement of work and BN shall not be named insured underthe above policies. 4. A Railroad Protective Liability Insurance policy issued in the name of Burlington Northern Railroad Company with limits of $2,000,000 for bodily injury and property damage per occurrence, with an aggregate of $6,000,000 must be provided when construction work will be within 50 (Fifty)feet of our tracks. The policy will remain in force during the construction phase of this project and must be provided prior to BN signing the permit or contract. OPTION Instead of No. 4 above, participation in Burlington Northern Railroad Company's BLANKET RAILROAD PROTECTIVE LIABILITY INSURANCE POLICY is available to Permittees and contractors. The limits of coverage are the same as above and are in force during the construction phase of the Permit. The amount is$263.00.00 referencing Permit No. PX94- 20688 for this insurance package. CONTRACTOR: SUBCONTRACTOR: /,on 8'r" Address Address SvM N A 9s37o City,St a ip City,State Zip Project Engineer's Name Project Engineer's Name If more than one Subcontractor is involved, attach additional information to this Addendum, together with Insurance required. NEITHER PERMITTEE, CONTRACTOR, OR ANY SUBCONTRACTOR_SHALL BEGIN ANY WORK ON BURLINGTON'S PROPERTY AND/OR RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF INSURANCE HAS BEEN FURNISHED AND APPROVED BY BURLINGTON NORTHERN,AND THE ROADMASTER NOTIFIED 48 HOURS IN ADVANCE. Questions or clarifications of insurance requirements may be directed to: Ms.Judith Harris,Risk Management Analyst BURLINGTON NORTHERN RAILROAD COMPANY 777 Main Street Fort Worth,TX 76102 Phone: 817-333-2374 FAX: 817-333-7032 REQUIREMENTS FOR CONTRACTORS & SUBCONTRACTOR WORKING ON BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY In order to protect BN's investment in its right-of-way and for the safety of persons coming onto BN property, BN has established certain requirements. The followingg constitute minimum requirements for all persons coming on or near BN right-of- way. Contractors are encouraged to develop their own safety rules that meet or exceed the following requirements. Contractors will not be allowed to occupy or work on Burlington Northern RR right-of-way prior to signing and dating this document and returning it to the Burlington Northern contact person shown on page 2. 1. All permits and agreements must be in effect, required payments made, and insurance certificates received and approved prior to Contractor entering Railroad right-of-way. Insurance must remain in effect during the entire project. 2. Any dewatering utilizing drains or ditches on BN property must be approved by a BN Engineer or Roadmaster. 3. Contractor must have BN approved "Construction Plans" prior to commencing work on a project. No change will be made to "Construction Plans" without approval by all parties involved. Approved revised plan will be furnished to all parties prior to implementation of changes. 4. Road Authority or Contractor will incur all costs for track work, including flagging, etc., made necessary due to their construction operation. 5. Pursuant to Federal Regulation, flagging protection is always required when equipment crosses or is working within 25 feet of center of any live track. When deemed necessary by local BN officers, a flagman may be required at all times while working on BN right-of-way in high density rail traffic areas. 6. Crossing of any Railroad tracks must be done at approved locations and must be over full depth timbers, rubber, etc. Any equipment with steel wheels, lugs, or tracks must not cross steel rails without aid of rubber tires or other approved protection. 7. All temporary construction crossings must be covered by a Private Roadway & Crossing Agreement, and must be barricaded when not in use. 8. Contractor must furnish details on'how he will perform work that may affect existing drainage and/or possible fouling of track ballast as well as removal of overhead bridges/structures. (Structures and bridge spans over tracks must be removed intact.) 9. Absolutely no piling of construction materials or any other material, including dirt, sand, etc., within 15 feet of center of any secondary track (25 feet of Main Line and siding tracks) or on property of the Railroad not covered by Construction Easement, permit, lease or agreement. A 10' clear area on both sides of a main track must remain unobstructed at all times to allow for stopped train inspection. 10. No construction will be allowed within 15 feet of center of any track unless authorized by Burlington Northern Railroad General Roadmaster and as shown on Plan approved by the Railroad. This includes any excavation LL:_,,?pe encroachment and driving of sheet piles. � .; 11. No vehicles or machines shall remain unattended within 15 feet of a secondary track or within 25 feet of a Main Line track. 12. IMPORTANT: Disregard of any of these items will result in Contractor being shut down for a minimum of 48 hours on Burlington Northern Railroad right-of-way while infraction is investigated. Based on findings of the investigation, it will be determined if the Contractor will be allowed to work on BN RR right-of-way in the future. 13. Contractor safety rules, including rules regarding Personal Safety Equipment, must not conflict with BN safety policies or rules. 14. Articles included in Agreement should complement this document or exceed its contents. CONTRACTOR'S ACKNOWLEDGMENT: p�co COMPANY WORK SITE LOCATION: I By: Town: YELM Signature TITLE Siu�-�. State: WA DATE I 5 — q 5 Project: SUBCONTRACTOR'S ACKNOWLEDGMENT: Date: December 23, 1994 COMPANY By: Permit No: PX94-20688 TITLE DATE ADDRESS:Burlington Northern RR Co 2000 First Interstate Center 999 Third Avenue Seattle WA 98104-1105 (Form 4/29/93) 2 r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I 48 - FIBER OPTIC . 25 O;I A-. G II I ==4 r 25 ' I � y 5. 5 I SIGN Z ENO OF TRACK p ONE MILE y I � 71 I 9. TW[ I � i 120' p I I 450 CANAL ROAO 1 ) MAINTAIN 5:5C I 5'EP 2) SHORING 15 RE 3) PUSH IS LOCA' I -71 " ROAO . I 48 FIBER OPTIC . 25 ❑ IA 4 ) FACILITIES TI 60 ' O TWO (2" ) INCH STEEL PIPE I Q I � I Z . I I I L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 87. PART NO. . UNITS ST. PART NO. UNITS ST. PART NO. UNITS ST. PART NO. UNITS ST. PART NO. UNITS Y E L M PI EXCH . ST. ROUTE TAI REI DATE °U FSI BURLINGTON NORTHERN RAILROAD COMPANY UNDERGROUND WIRE LINE CROSSING PERMIT NO PX95&1490 AGREEMENT made this day of November 8, 1995, between BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, hereinafter called 'Burlington,' whose address is 999 Third Avenue, 2000 First Interstate Center, Seattle, Washington 981044080, and VIACOM CABLE, a Washington corporation, hereinafter called "Permittee,"whose address is: 2316 South State Street Tacoma,WA 98405 hereby grants Permittee the right to construct, operate, maintain, inspect, use, and remove a wire line facility, including all necessary poles, wires, cables, and conduits together with necessary appurtenances thereto, hereinafter called 'Wire Line,' along or upon and across the railroad tracks, and the communication or signal wires, and right-of-way of Burlington, below the surface thereof, for the purpose of transmitting electric current for power or for communication, as hereinafter described: A Wire Line across the right-of-way of Burlington below the surface thereof, and under the tracks of its railroad at or near YELM,Thurston County, State of Washington, Line Segment: 0400 Survey Station: Mile Post:25.15 Prior to installation, 48 hours'advance notice must be given to the following BN offices: Network Control Center 1-800-533-2891 Roadmaster Bernie Smith, Tacoma, WA(206)591-2562 Signal Supervisor Art Althauser, Centralia,WA(360)330-2525 Telecomm. Supervisor Gerry Mergel,Seattle,WA(206)467-3489 Also, upon completion of your work on BN property, advise the Roadmaster, allowing.final-rhspection of the site. V Y This permission is given upon the following terms and conditions: f` ,�rrG:SLJ 1. Permittee will pay in advance to Burlington for this permit the sum of Four Hundred Fifty Dollars($450) for the entire period that this permit remains in effect, and Permittee will also pay all taxes and assessments that may be levied or assessed against the Wire Line. Burlington may assign any receivable due them under this Agreement , provided, however, such assignments shall not relieve the assignor of any of its rights or obligations under this Agreement. This provision shall in no way affect Burlington's right to terminate this permit pursuant to Paragraph 15 hereof. - 2. Said Wire Line shall be used for the sole purpose of conducting electric currents at a potential not to exceed minimum volts volts. 3. Said Wire Line shall be constructed and maintained in accordance with Burlington's requirements, the National Electric Safety Code, and any statute, order, rule, or regulation of any public authority having jurisdiction. Application and plans shall be submitted by Permittee to Burlington and must be approved by Burlington prior to construction or any reconstruction of said Wire Line. 4. All cost of construction and maintenance of said Wire Line shall be paid by Permittee. If it is necessary, as determined by Burlington's Superintendent Maintenance & Engineering, for Burlington to perform any portion of the work of construction, maintenance, or removal of said Wire Line, same shall be done at the expense of Permittee. Burlington will determine the costs of any such work and submit bill for same to Permittee and Permittee shall pay such billed amount within 30 days after bill is rendered therefor. 5. If in the judgment of Burlington's Superintendent Maintenance & Engineering, the construction, maintenance, or continued existence of Wire Line herein contemplated necessitates any change or alteration in the location or arrangement of any wires, structures, or other facilities of Burlington or of third persons, the cost of such change or alteration will be paid by Permittee. 6. Burlington shall have the right, for reasons of safety, to require that repairs be made to said Wire Line, and upon request from Burlington, Permittee shall immediately make such repairs at Permittee's expense. If at any time it rxaoa 1 becomes necessary in the judgment of Burlington for reasons of safety or otherwise, to require change in the location, elevation, or method of construction of said Wire Line, such changes will be made by Permittee at Permittee's expense within thirty(30) days after being requested to do so. If Permittee fails to so do, Burlington may make such changes and the cost thereof will be paid by Permittee. 7. If Wire Line is to be placed below the surface, Permittee, at Permittee's sole cost and expense, shall excavate for, construct, maintain, and repair said Wire Line, placing the same at least feet(Three and one-half) below the bottom of the rails of Burlington's railroad. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC, COMMUNICATIONS, CONTROL SYSTEMS, AND OTHER TYPES OF CABLES MAY BE BURIED ON BURLINGTON's PROPERTY. Before beginning work, Permittee shall telephone Burlington's Communications Network Control Center at 1-800-533-2891 (a 24-hour number) to determine if cable systems are buried on Burlington's property to be used by Permittee. The Communications Network Control Center will contact the appropriate personnel to have cables located and make arrangements with Permittee as to the protective measures that must be adhered to prior to the commencement of any work on Burlington's property. In addition to the liability terms elsewhere in this Agreement, Permittee shall indemnify and hold Burlington harmless against and from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contributed to by any act or omission of Permittee, its contractor, agents and/or employees, that cause or in any way or degree contribute to (1) any damage to or destruction of any telecommunications system by Permittee, and/or its contractor, agents and/or employees, on Burlington's property, (2)any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Burlington's property, and/or (3) any claim or cause of action for alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company(ies). 8. After the completion of any Wire Line construction, repair, or removal, Permittee shall remove from the premises of Burlington, to the satisfaction of Burlington's Superintendent Maintenance& Engineering, all falsework and equipment used in such construction, repair, or removal work. 9. Permittee shall, upon the giving of 48 hours advance notice to Burlington's Superintendent Maintenance & Engineering, have the right to enter the premises of Burlington for the purpose of maintaining, repairing, or removing said Wire Line, and, in the exercise of this right, Permittee shall not unduly interfere with the rights of Burlington or others on or about the premises. In the case of bona fide emergency, the 48 hours notice may be waived; however, if emergency work is necessary, Permittee shall make every effort to notify Burlington that such work is to be done. Permittee shall, at its own expense, restore any facilities on said premises which are in any manner disturbed by such maintenance, repairs, or removal. 10. This permission is granted subject to permits, leases, and licenses, if any, heretofore granted by Burlington affecting the premises upon which said Wire Line is located. 11. If the operation or maintenance of said Wire Line shall at any time cause interference, including but not limited to physical interference, from electromagnetic induction, electrostatic induction, or from stray or other currents, with the facilities of Burlington or of any lessee or licensee of Burlington, or in any manner interfere with operation, maintenance or use by Burlington of its right-of-way, tracks, structures, pole lines, signal and communication lines, radio or other equipment, devices, or other property or appurtenances thereto, Permittee agrees immediately to make such changes in said Wire Line and furnish such protective devices to Burlington and its lessees or licensees as shall be necessary in the judgment of Burlington's representatives to eliminate such interference. The cost of such protective devices and their installation shall be borne solely by the Permittee. If any of the interference covered by this paragraph shall be, in the judgment of Burlington, of such importance to the safety of Burlington's operations as to require immediate corrective action, Permittee, upon notice.from Burlington, shall either, at Burlington's election, cease using said Wire Line for any purpose whatsoever and remove the same, or reduce the voltage or load on said Wire Line, or take such other interim protective measures as Burlington may deem advisable until the protective devices required by this paragraph have been installed, put in operation, tested, and found to be satisfactory to correct the interference. 12. Permittee agrees that said Wire Line and the use of same for conducting electric current shall not damage the railroad or structures of Burlington, or the property of any other tenant of Burlington, or any other property upon the premises of Burlington, or be a menace to the safety of Burlington's operations or any other operations conducted on said premises. Permittee does hereby release,.indemnify, and save harmless Burlington and Burlington's other tenants,their successors and assigns, from and against all loss, damages, claims, demands, actions, causes of action, costs, and expenses of every character which may result from any injury to or death of any person whomsoever, including but not limited to, employees and agents of the parties hereto, and from loss of or damage to property of any kind or nature to whomsoever belonging, including but not limited to, property owned by, leased to, or in the care, custody, and control of the parties hereto and other tenants of Burlington, when such injury, death, loss, or damage is caused or contributed to by, or arises from, the construction, installation, maintenance, condition, use, operation, removal, or existence of said Wire Line upon Burlington premises. 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 AGENTS,SERVANTS, EMPLOYEES, OR OTHERWISE. r I? ;j Pxoos 2 13. It is understood by the parties that said Wire Line will be in danger of damage or destruction by fire or other causes incident to the operation, maintenance, or improvement of Burlington's property, and Permittee accepts this permit subject to such dangers. It is therefore agreed, as one of the material considerations of this permit,without which the same would not be granted, that Permittee hereby assumes all risk of loss, damage, or destruction to said Wire Line without regard to whether such loss be occasioned by fire or sparks from locomotives or other causes incident to or arising from the movement of locomotives, trains, or cars of any kind, misaligned switches, or in any respect from the operation, maintenance, or improvement of Burlington's property, OR TO WHETHER SUCH LOSS OR DAMAGE BE THE RESULT OF NEGLIGENCE OR MISCONDUCT OF BURLINGTON OR ANY PERSON IN THE EMPLOY OR SERVICE OF BURLINGTON, or of defective appliances, engines, or machinery, and Permittee does hereby save and hold harmless Burlington from all such damage, claims, and losses. 14. It is agreed that the provisions of this permit 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 upon which the above described Wire Line is located. 15. Either party hereto shall have the right to terminate this permit, and the same shall terminate, at the expiration of ninety(90) days after the giving of written notice by one party to the other of intention to terminate same. Any such notice shall be good if properly deposited with the United States Postal Service addressed to the party being notified at such party's post office address above stated. Upon termination-Permittee shall promptly remove the Wire Line from Burlington's premises and if Permittee shall fail to remove same or any other material or property owned by it within the time prescribed in a notice of termination, Burlington may appropriate such property to its own use without compensation, or may remove the same at the expense of Permittee. 16. This permit shall be binding upon, and inure to the benefit of the parties, their successors and assigns; provided, however, that Permittee shall not assign this permit or any interest therein without Burlington's written consent. 17. Nothing herein contained shall imply or import a covenant on the part of Burlington for quiet enjoyment. 18 In the event of Permittee's removal of the Wire Line from Burlington's premises, Permittee agrees to notify Burlington's Superintendent Maintenance & .Engineering in writing of Permittee's removal of such Wire Line and terminate this Agreement effective with the date of removal of said Wire Line from Burlington's premises. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate as of the day and year first hereinabove written. VIACO CABLE BURLINGTON NORTHERN RAILROAD COMPANY 1 By Jam-•J By. TitleD 7 �/ "�✓« �� For: ��`" 4 Assistant Vice President (Witnesso) >7 � rxooa 3 AW98URLINGTON NORTRAILLROAD _ -_SDC.RN �DUM TO BURLINGTON NORTHER( �1►. .AD COMPANY The Permittee and contractors must at their,own expense obtain and maintain in force during construction the following insurance: 1. Commercial General Liability Insurance, including contractual liability and products completed/operations, against claims arising out of bodily injury,illness and death and from damage to or destruction of property of others, including loss or use thereof, and including liability of Burlington Northern Railroad Company, with minimum limits for bodily injury and property damage of $1,000,000 for each occurrence, with an aggregate of $2,000,000. This policy shall contain a "Waiver of Transfer Rights" endorsement to waive any right of recovery that the insurance company may have against Burlington Northern Railroad Company because of payments made for bodily injuries and property damage. 2. Business Automobile Policy Insurance, including owned, non-owned,and hired vehicles with minimum limits ` for bodily injury and property damage of$1,000,000 per occurrence, on all vehicles that the Permittee or any of its agents or employees may use at any time in connection with the performance of this Agreement. 3.- Worker's Compensation Insurance or coverage as required under the Worker's Compensation Act of the applicable state. The policy should include occupational disease to required statutory limits, employer's liability of. $1,000,000 to include FELA,if appropriate,and an"all states"endorsement. Evidence of the above insurance(certificate of insurance)must be provided prior to commencement of work and BN shall not be named insured under the above policies. 4. A Railroad Protective Liability Insurance policy issued in the name of Burlington Northern Railroad Company with limits of $2,000,000 for bodily injury and property damage per occurrence, with an aggregate of $6,000,000 must be provided when construction work will be within S0(Fifty)feet of our tracks. The policy will remain in force during the construction phase of this project and must be provided prior to BN signing the permit or contract. OPTION Instead of No.4 above, participation in Burlington Northern Railroad Company's BLANKET RAILROAD PROTECTIVE LIABILITY INSURANCE POLICY is available to Permittees and contractors. The limits of coverage are the same as above and are in force during the construction phase of the Permit. The amount is shown in the cover lettter. CONTRACTOR: SUBCONTRACTOR: 9 k4- Address Address 6-1G HhA2m , WA �3 .3.2S City,State Zip City,State Zip AO C K Y W tf-i47— Project Engineer's Name Project Engineer's Name If more than one Subcontractor is involved, attach additional information to this Addendum, together with Insurance required'. NEITHER PERMITTEE CONTRACTOR OR ANY SUBCONTRACTOR SHALL BEGIN ANY WORK ON BURLINGTON'S PROPERTY AND/OR RIGHT-OF-WAY UNTIL ALL NECESSARY EVIDENCE OF INSURANCE HAS BEEN FURNISHED AND APPROVED BY BURLINGTON NORTHERN,AND THE ROADMASTER NOTIFIED 48 HOURS IN ADVANCE. Questions or clarifications of insurance requirements may be directed to: Ms.Judith Harris,.Risk Management Analyst BURLINGTON NORTHERN RAILROAD COMPANY 777 Main Street Fort Worth,TX 76102 Phone: 817-333-2374 FAX: 817-333-7032 REQ1 'RED DATA FOR WIRE AND CABLE CRO"IG t (Sl' A Plans Required for.Longitudinal Occupancy, N COMMUNICATION OR POWER LINES IF ANY OF OUTSIDE TRACK TO THE LEFT ��-q OF OUTSIDE TRACK TO THE RIGHT RIGHT OF WAY LINES INDICATE TRUE NORTH WITH ! 1 i I ARROWLO-141--l— —C3:f ' i ( J - CIRCUIT NO. 1 CIRCUIT NO. 2 LOWEST POWER LINE I 2 3 COMMUNICATION LINE,IF ANY 4 5 6 --ter.'-.-.--*,.r-.'i,.^.''.^o I ..r,.:r•.. AL WS"STANDARD HEAD AND SIDE GUYS.----' ELEVATION FOR OVERHEAD- CROSSING PROTECTIVE TIMBER IF USED �10 oto?r�Min-4-1 A 3"D — — — — Casing XI,S t10r- 15* CABLE✓ D x 1.5+ 10' = Boring Pi 25'Minimum) ELEVATION FOR UNDERGROUND CROSSING POLE TOP CONSTRUCTION DATA SIZE OF ARMS MATERIAL SIZE AND TYPE OF BRACES PIN SPACING SIZE,TYPE AND MATERIAL OF PINS TYPE OF ARM SEPARATOR MATERIAL SIZE GROUNDING CONNECTION: MATERIAL SIZE AERIAL GROUND WIRE: POLES LENGTH CIRCUM.-INCHES A.S.A. DEPTH OF NUMBER OF GUYS (in feet) GROUND TOP CLASS SETTING TOWARD XING FROM XING SIZE NO.1 NO.2 NO.3 NO.4 NO.5 NO.6 TREATMENT OF POLES SPECIES OF TIMBER SIZE OF GUY WIRE MATERIAL OF GUY WIRE TYPE OF GUY ANCHORAGE FORM 16003-E 4.93 Printed In U.SA }' Y c.rrvK(&)& WF-Sr, r-r M,P. d,57, 15- ,5. s, 1sS. N A. w R��r wAy �trsrlur, �crsrr,u� (iTILrr t cry too Pi d �(IgINGrNF $P� y � i • i I PV614 fir 0 M0K.Lw." 3'' v IZ� "NslI PIP'S Nv 3tfaK�u�.S _ "pvb 3 a �! r' ca x PRoF1 15- ; PRO Pb scIL V 1 A c a M CA-BLE POSH or- 3 U A(-I IJ&ram N UOTH ---a tJ 7Al)-CK S A-T— RH-oTON Ab. NEA-k 1NTL-1,5ECnv N W t7-i4 NW N, P. P,b, , R ►IWAY ' ► • , AND VIACOM CABLEVISION ENGINEERING PRD GT ft G$q7 SEC l a1 T. -A , t1 `U Pktr=m ENT �7C►S1lNfo PuaET _ �. PDwE/L POLE= T � 25 2i• rr View: PADP(YS�F-O vi,4ccm CA-iBLE 30 PUSS- of 3L)AL 0J&TCA3 �JoIQTN-EAN E -MALLS A-r RPoTDN A J� yt=-Lm Wt� o POST En5DVu Pvr.eT RGwE/1 / POLE PAIL bvP,:l i VIA G"'OM EWMEEMW PR o cr &S q7 www.railroadindustries.com E d Industries Incorporated a full service transportation consultancy 1575 Delucchi Lane, Suite 210, Reno, NV 89502 Ph 775-329-4855 Fx 775-329-4844 December 3, 2007 Ms. Cindy Teixeira Relations Coordinator City of Yelm P.O. Box 479 Yelm, WA 98597 Dear Cindy: It has been awhile since we last had a chance to speak. With so many new events occurring in the rail industry and transportation in general, I wanted to touch base and make sure you had our latest materials. Railroad Industries Incorporated (RII) has greatly expanded our services in rail transportation, integration and economic development over the past year. I have enclosed a copy of our newest brochure and encourage you to visit our website at www.raiIroadindustries.com to view'project profiles, history and complete resumes of our experts. There are numerous areas in which we could be of assistance to you on projects and we are eager to work with you again. Please keep me posted on any new developments, and please feel free to pass our information on to any new personnel involved with transportation projects. ely, V. Hunter Ch irman and CEO Railroad Industries Incor I v ' Afull service transportation. and. rail .consulting = firm specializing in all aspects of transportation for 24 years. A client-centered business focused upon. providing responsive, results oriented and cost effective return on investment to our clients. 41% A team of diversified consultants with as many �t-as 50 years experience each in every sector of the industry. f' ilr d.Industries Incorporated a full service transportation consultancy www.Railroadlndustries.com Applies its focused expertise to what best fits the client �4%=s professionals with the knowledge ify, analyze and resolve individual client problems �4% Provides practical solutions that can be plemented to address client issues Out of the Box" thinking and visionary ...,results are routine! Focuses on developing lasting relationships clients in a mutually beneficial network of industry related professionals ilr d Industries Incorporated R afull service transportation consultancy www.RaiIroadIndustries.com 1717 iI t d Industries Iull service trans onation consultaz 2c Class I Repair/Maintenance Operating Plans Short Lynes Inspection Operating Analysis, Terminal- Budgeting Train Movements Internationale Purchase Materials Yard Operations ® - Sell Materials 'Corridor Analysis Conventional. Net LiquidationValue Branch Line Analysis Mass Transit • - - • • Operating Agreements Tourist Port Authorities Joint Facility Analysis International Industrial Parks Timetables Locomotives Economic Development Rail Start Up/Management Infrastructure • • • Repair/Maintenance. Corridor Analysis Intermodal Logistics Inspection Multi=modal Integration . Lease/Purchase Due Diligence Rate Negotiations. Sales -Costing Competitive.Analysis Agreements Acquisitions • Financial Reviews Track-Design Repair/Maintenance Business Plan Surveys Inspection Business Value CAD Programs Lease/Purchase Economics- Evaluations Sales LM=s Training and Agreements- Market Development FRA Compli'anc- Fleet Analysis Rate Analysis Rules and Safety him Market Studies Air Brake Training Repair/Maintenance Sales Training Haz-Mat Training Inspection Customer Surveys Engineer Training Budgeting Marketing Plans Conductor Training Purchase Materials Copetitive.Analysis Rules Examiner- Sell,Materials Contract Negotiation Ride Testing .Net Liquidation Value Marketing Media: Safety Audits Logistics Procedure Writing IntermodalExpert Witness Transloads Expert Witness Tariffs Derailments �►ww.railroadindustries.com Accident Investigation q n: '1 { _ d Oilrod Industries Ine®rp®rated da full service transportation consultancy wl6VilV,FZailr®adlndustries.c®tl1 Passenger Mass Transit Tourist Commuter 3 9 IND t. Freight Terminal Class I Short Line Regional d ilr d Industries Incorporated a full service transportation consultancy www.Raiiroadlndustries.com Market Development h � tc ng rCS � El Wn U � � U Logistics 3tS. l; ilr d Industries Incorporated a full service transportation consultancy www.Railroadindustries.com =� V } Rail Mergers k � Acquisitions - E valuations Due Diligence ilr d Industries Incorporated a full service transportation consultancy www.Railroadlndustries.com •I I to] � - - • • Port Authorities Multi-Modal Facilities Government Contracts w sw s+Y Site Selection Industrial Parks WafYMarket Development r w. X ilr d Industries Incorporated a full service transportation consultancy www.Railroadlndustries.com Distribution Intermodal Transload Multi -Modal ' rs i„ 11 � Internatmional Traffi c F I ows Analysis Costing/Service ilr d Industries Incorporated a full service transportation consultancy - www.RaiIroadIndustries.com Burlington Northern Santa Fe Jerry Johnson RA IL W.4 r Assistant Vice President-Network Dev. 2650 Lou Menk Drive Fort Worth, TX 76131 (817) 352-6434 Martin Marietta Materials Martin Marietta Materials David A. Little Vice President-Distribution & Operations 11467 Huebner—Suite 300 San Antonio, TX 78230 (210) 208-4247 WATCO Companies Rick Webbf President - 315W. 3rd Street ® ' Pittsburg, KS 66762 (316) 231-2230 Inland Fluid Technology Don Larabie Transportation Supervisor 9-11 Commercial St. Truro, NS B2N5C1 Canada (514) 426-0042 Proctor and Gamble v Kam Khojasteh Traffic Manager 8201 Fruitridge Road Sacramento, CA 95826 (916) 381-9633 ill d Industries Incorporated ✓a full service transportation consultancy www.RaiIroadIndustries.com Cargill' Dry Corn Chad,Gann Risk-& Grower Relations Manager 616 S. Jefferson Ave. Paris; IL 61944, (,217)-466-7750:- HDR, "17)`466-7750HDR EngineeringWA: Dale Muellerleile ` Vice President }y 1711 Preston Rd. Ste. 200 Dallas; TX 75248 (972)960-4448 Levin Richmond Terminal/Port of Richmond John`,-Cockle a Executive Director 143.:Billy Mitchell, Blvd. Richmond;. CA 94804 (51-0) 307-4009 Memphis Regional Chamber Dexter-Muller Memphis Senior V.P. Infrastructure/Development Cliamber- 22 North. Front,St. #200 Memphis, TN 38103 (904) 543-3543 CEMEX. Kenneth Kannegaard �rmrx Safety and Health Manager Y E A R 6 CEMEX Davenport, Cement Plant Davenport, CA 95017 (831) 458-5767 ilr d1ndustrieslncorporated T a full`service, transportation consultancy www;��ii'r®adlndustries.c®m " A },mm .a.:...+.._. ...«...�..............._._m..._.,�.. .. ........r..n.....__........_�......u.�..=._...�_..0«�.m....a�..,n� It i lr d Industries Incorporatedz - =. a full service transportation consultancy wwrnr.Rai lroad Ind ustries.c®rn _ Operating erati.ng Plans for contract switching, and Short Lune Railroads.' Evaluation of existing: operations to.. improve service to customers and minimize transportation_ costs,. Development of detai-led. Maintenance of Way. Plans for w Short Line Railroads and shippers. Extensive training of operating personnel; including - providing. rules, safety classes and conductor and engineer certification. -- Provide detail. analysis and, evaluation of existing Short- Line track, bridges,and structures. Develop timetable,. operating book.of. rules and management for_railroad start-ups. Pre arat on of-operating,,'. Finterch�an .. e and:tracka e p , g g rights= agreements. fjiDevelop and analyze. contract,switch i ng -opportunities. i OFFIE s il'r: d Industries- Incorporated a fullaerviee transportation consultancy, www.Railroadindustries:eom UN4tMa T45TMILUIt s 0Marketing Plans for Short Line and Regional Railroads, Ports and Shippers. Development of new programs for increasing on-Line rail traffic. i Prepare, conduct and analyze customer surveys and . interviews to develop new markets. Development or review or existing rate, cost and pricing structures for Railroads and Shippers. Development for Competitive Analysis. i Development of physical distribution and logistic plans for Shippers. Development and negotiation of switching contracts. for.. 3rd parties. .:_... _ te')ioversee da to day marketing responsibilites for Short Line Railroads using our extensive experience in rate/contract negotiations and cost analysis. g Y • a �'7" ', AA qN ilr d Industries Incorporated -full service transportation consultancy www.RaiIroadIndustries.corm _ - _ K 4- SAnalysis and -assistance in acquisition and divestitures Kf branch lines, operating. companies and rail assets. Pro Forma financial statements for proposed acquisitions and divestitures. 01 Acquis-ition risk assessment documents. Docu ment,preparation necessary for acquiring loans. and grants. Net Liquidation, Value and.. Going Concern Value for branch lines and Shoff Line Railroads and Shippers. Competitive cost analysis-- (rail, truck, barge, intermodal) for use in rate. negotiations. ,, Compa:ny reviews and recommendations for, _ and � - Capital, Expenses. (% Business Plans for Short Line Railroads and Shippers. for- presentation to financial lenders. _ 61 d:- Industries Incorporated - � _ Lease - Purchase x Sales a Repair - Inspection a Locomotmives m - and I cars Maintenance E , Fleet Analysis = Agreements iir d Industries Incorporated a full service transportation consultancy www.Railroadlndustries.com • I � DR'epa:i:r and Maintenance Costing of Track, Structures and Bridges. Inspection and Design of Physical Plant (Track, Structures and Bridges) , Development of Budget Pla-nning. Purchase.-and Sale -of Materials.= Net Liquidation Value Rai] and, Management Personnel Training. t i K r` i1f ,, dindus-trieshcorporated a full'service transportation consultancy www:RaiIroadIndustries.com Comprehensive Intermodal Studies for railroads and shippers. -term Intermodal Terminal Plans U Development of long Creating new marketing programs to increase traffic. Preparing cost analyses for use in rate negotiations and modal options. Analyze equipment and service requirements for railroads and shippers to determine optimal fleet size. - establishing transloading operations of , Develop new business opportunities including . Rates, Service and Negotiations. N' Con"tract Negotiation (Leases, trackage rights and equipment. - IMW il d Industries Incorporated "�.Vfull service transportation consultancy Rules and Safety Air Brake Training Haz-Mat Trainin'g r Ride Testing Procedure Writing Safety Audits ilr d Industries Incorporated a full service transportation consultancy www,Railroadlndustries.Com Expert Witness Testimony for a class I Railroad in litigation matters. Accident Investigation. Depositions and Testimony. Ail Research and Documentation Analysis., 11) Expert Witness testimony for shipper patent infringement. �I_ z Ex ert Witness testimon for shipper r i 'n tr related liti tion. a idusyga -� MY ks J ilr .gad Industries Incorporated a full service transportation consultancy vvww.Railroadlndustries.corn California- Inter-Regional Intermodal Shuttle (CIRIS) Project objective is to explore the feasibility of creating an Intermodal shuttle trainfrom the Port of Oakland to an inland port in order to reduce congestion,at the port, truck traffic on the highways, and promote import/export business from the central valley. RII is most heavily involved. in exploring, possible rail routes and alternatives along the corridor between the two ports, and analyzing the economic feasibility of each operational option, choosing the appropriate rates, and assisting with Class. I contacts and possible negotiations. Equipment Planning, Strategic Partnership Development,: Rail' Analysis & Operations Agreements - The Greater Kelly County Development Authority created this,.Inland Port from,the.ground up called Kelly USA in San Antonio, Texas to handle growing demand and opportunities with multi-modal logistics in the. central` United States and growing trade:flowing across the Mexico border. RI[assisted the.development of the port by assessing the rail and intermodal, access, traffic analysis,and market development including a competitive analysis,.assisting with equipment planning and lease negotiations, negotiating participation with Class I rail,carriers., and: developing strategic partnerships with shippers and service operators to. make the inland port a.success. In-land'. Port Traffic, Operations and Competitive-Analysis This:analysis--examined:the feasibility., and location for an. inland-port at, Philadelphia:connecting to the ports of Baltimore, New York/New Jersey and, Norfolk. RI 1, performed analyses on:-alFmoves between ports including. transit times; route:mileage and alternatives, comparative-transportation costs between truck and rail, commodifly flows and costing, various size container costs and return scenarios. I d-,Industries Incorp orated afull service transportation consultancy www.RailroadIndustries,.com R11 Proj,& ts .,u*a sem** ..r:.rv.. zs.,e,.,,. ,x.3,r„yr�sv a.;....,,.ari€�..,w..�wa .,..:•.:.r v,».4_,.-,.,.w �anx,aar ,u,+n::r.s�&ta :w ^��.^ras.auaarscr >:s:;�;sam.e�,�aa.: nu , . North Columbia Basin Railroad Feasibility Study for Washington State DOT This study involved identifying and interviewing both current and potential customers along a short line railroad connecting the Port of Moses Lake and interchanging with a major Class I railroad. The purpose of the study was to evaluate the public benefit, costs, and operational analysis for several phases of relocating a portion of the line to bypass downtown. The study involved a detailed analysis of customer response data, economic analysis of several operational scenarios and evaluation of different ownership options. Aggregate Market Study and Rail Access Study This study for a major aggregate producer including inspecting and analyzing the rail. system at 2 of the rock quarries, assessing access, condition, maintenance budget for projected volumes, and upgrade requirements for prospective expansion. Study included a',market study, contacting key potential customers in districts throughout the state of Texas, including TxDOT for highway projects, to determine potential volumes and demand, and choose the best location for a distribution facility based on rail access, Class I interest, property layout and market demand. Terminal- and Yard Operations Analysis for a major Class I ral road This analysis examined the feasibility and location for an inland port at Philadelphia connecting to the ports of Baltimore, New York/New Jersey and Norfolk. RII performed analyses on all moves between ports including transit times, route mileage and alternatives, comparative transportation costs between truck and rail, commoditiy flows and costing, various size container costs and return scenarios. ill d Industries Incorporated is full service transportation consultancy www.Railroadindustries.com Quadra Mining . Reload/Transload Project The purpose of this project was to analyze the cost to upgrade the-line from Shafter to Ely vs. the cost of trucking to a transload site on UP Wells and Battle Mountain. Port, of Chehalis Rail Analysis Inspection and analysis of the rail line partially owned by the port to determine-the.net-liquidation value of the line and evaluate the economics . associated with the port operating the line in lieu of the Class I railroad. Market Analysis & Initial Planning for Northeastern Nevada Regional RaiIport in Elko County Nevada This-study--explored the market demand and opportunities for-establishing a complete, logistics center, transload facility, and-industrial park along 1-80. Research included construction estimates, equipment analysis, customer . interviews,`competitive analysis plan, advisory assistance to county commission and Elko County Economic Diversification Authority and,- development nd:development of a Port Authority. Operational Analysis for New Rail Construction- in Central Utah for Six Counties Association: of Governments. This Fine was developed in.order to serve unit trains from a new coal mine, while establishing rail service to,several other industries in the area: The project.-included potential customer interviews to:develop traffic_projections: and complete economic and financial analysis on several scenarios for- traffic and, construction of the, line to various points. This feasibility study - and project are known as the Utah CoalTrain., serving power,facilities throughout the Western United States. 11" d Industries Incorporated d full service transportation consultancy w-ww.Railroad Ind ustries.com • iIr ,� d Industries Incorporated a full service transportation consultancy www.RailroadIndustries.com .-'y#`+k -0Ns+A4P ""*iK: `d'Y%S® '. .s`H"s2iit.:eiY=Y'."Y H'Ktr*.^M%d^iWkv„3tkvazswu.._1>a:kR.ti`,,'.Mw.^arruktr,aw: ;,o-a.:' 4Y':'rvIDMt raz'dwW.'mR''M+'e#n.�ctai4'.S^b.ar':sNae%4drtCHYt:U Gfr"?H. ,=vim•=:.. Yq+W.W'.,1i.. Gary V. Hunter-Founder, Chairman & CEO Mr. Hunter founded Railroad Industries in 1983. He has 28 years of experience in the railroad and transportation industry. His vast experience has, included involvement in some of the most pivotal events in the industry from the mid 1970's through today. With RII, he continues to develop a reputation as one of the most experienced,, innovative, and forward thinking- leaders is the field. H. Declan Brown-Partner Mr. Brown has been a keyplayer in the transportation p y p industry, making a name for himself in areas such as large scale mergers and acquisitions, international rail studies, and rail case depostitions. Mr. Brown was the Founder and Partner of the Kingsley Group for 10 years before merging with Railroad Industries Incorporated in 2003. C . Ed O'Hara-Principal Mr. O'Hara joined RI in 2006. He brings to the firm extensive experience within the rail transportation industry. Having assisted Class I railroads with their employment and labor relations needs for over- 20 years, he brings to,RI the expertise to assess and evaluate numerous areas such as operations, safety issues and labor regulations. Given his extensive background: Mr. O'Hara has the knowledge to present expert testimony _ when- needed in a court of law as an experienced expert witness. am Anastacia Sullivan-Business Manager Ms. Sullivan joined the Railroad Industries Incorporated team in 2004 bringing. 1-2 years of diverse administrative skills which include: technical writing, purchasing, marketing, accounting, customer service, administrative and, human resources, as well as experience in logistics and Information Technology. il. d Industries Incorporated '`.a full service transportation consultancy www.RaiIroadIndustries.com Milli v33d3's., } x+zYYN u;M,,,Y:.'a6Ya .'.,'. 3.,t'd3YNf;-:*t32 «:,.a`:rvfv.•#Prn ^NrCAvW:.ra.;+Yv2z,1.V'd'n\NP.+t.'i.+N£x,.<... 3#Ag? rx. 'skYS., aNR:'4;...4§3.trora,.kr5.nz+.MkA"Y"dsn„',�,�a,*' ra'+'.3'>'4a^.t.>.Wr&'9Y.iN'n- Lola Wei-Manager of Economics-& Finance Ms. Wei joined the Railroad Industries Incorporated team in 2006. With over tenyears of proven and progressive experience in project/program management, strategic planning, marketing and busines development leadership, Ms. Wei is an asset to RII and its clients. She has a diverse industry background, including construction, hi-tech IT, aerospace, import/export and consumer products manufacturing, and is an internationally experienced professional with a proven track record in generating significant growth and economic analysis. Phil Larson-Senior Associate Mr. Larson is a diversified rail professional with over 41 years of experience in the industry. He has held executive management positions in rail car and track maintenance companies, as well as short line's and Amtrak. His expert witness and training/safety experience, as well as expertise in operations, finance, equipment,..and management-at all levels make him..a key advantage in any project. Mr. Larson joined RII in 2005. ®avid Petta-Senior Associate Mr. Pettry has over 35 years experience in the transportation industry specializing in rail engineering, track structures, safety, materials, and management. Joining the RII team in 2004, he brings his proven track - record of equipment expertise and quality assurance, safety and training, and= cost management. He also has experience in international assessment, and transportation/infrastructure recovery projects after natural disasters. ill d Industries Incorporated a full service transportation consultancy wwanr.Raclroadlndustries.com i>!:''tlMiW53a:d. `«EbJNdN1... - tt .� :i'RI::MYa:.Y:i".Y4[d]>'A't»ioe�'3-�39r.A'K.b,vn,iM, -t'"0....w,,:inwt«i.eriv.;tiff.vt..+M1.a:.�"3w.3�c=i�4i.tkUba,M#K.t'e.Utv§r":,'.aF� R=xv$elntw.M'r.,,g:.gA - Tr'xse.vTuvpur+,...a.. Minority Business enterprise/DBE Certifications Alabama.DOT(ALDOT) Cert. #03=06-13387 Exp. 03-01-09 Arizona DOT (ADOT) Cert. #5226. Exp. 06-30-09 Northern California Supplier Development Council (NCSDC) Cert. #06-0012 Exp. 12-01-07 Southern California Supplier Development Council (SCSDC) Cert. #6401 Exp. 12-01-07, Cal-Trans Cert. #7847 Exp: 12-01-07 District of Columbia DOT (DDOT) /Washington Metropolitan Area Transportation Authority (WMATA):. Cert. #844 Exp. 03-31-09 Idaho Transportation Department (ITD) Cert: #n/a Exp. 0$-09-10. Indiana DOT (INDOT) Cert. #n/a Exp: 05-1"6-10- Iowa DOT (IDOT) Cert. #607229 Exp. 04-15-11 Louisiana DOT and Development(DOTD) Cert. #n/a Exp. 04-30-09 Maryland DOT (MDOT) Cert. #06-120 Exp. 04-01'-08 ih, d'Industries Incorporated a full service transportation consultancy www.RaiIroadIndustries.com Minority Business enterprise/DBE Certifications Missouri DOT (MoDOT) Cert. #n/a Exp. 05-15-10 Mississippi DOT (MDOT) Cert. #n/a Exp. 06-20-09 Montana DOT (MTD) Cert. #n/a Exp. To be determined Nevada DOT (NDOT) Cert. #NV00362UCPN Exp. 12-01-07 Nevada Minority Business Council (NMBC) Cert. #0929 Exp. 12-01-07 *This is sometimes referred to as Nevada Supplier Development Council Oregon — Office of Minority, Women and Emerging Small Business (OMWESB) Cert. #4536 Exp. 02-14-10 Pennsylvania DOT (PENNDOT) Cert. #12447 Exp. 06-30-09 Texas DOT (TxDOT) Cert. #VN 17796 Exp. 01-01-08 Virginia DOT (VDOT) Cert. #R677 _ Exp: 04-01-09 Washington — Office of Minority and Women Business Enterprise (OMWBE) Cert. #D3M8719239 UBI #602508176 Exp. 08-25-08 Wisconsin DOT (WisDOT) Certs#n/a Exp. 06-07-12 ill" . Industries Incorporated a,frsll service transportation consultancy www.Railroadlndustries.com Visit our Website for Full Resumes of Key Personnel and detailed Project descriptions at www. railroadindustries . com iir d Industries Incorporated Full Service Transportdtion Consulting 1 Visit our Website for Full Resumes of Key Personnel and detailed Project descriptions at www. railroadindustries . com d 17 il Industries Incorporated _ Full Service Transportation Consulting BNSF JEROME M.JOHNSON The Burlington Northern and Santa Fe Railway Company Assistant Vice President Shortline Development 2600 Lou Menk Drive,2nd Floor Fort Worth,TX 76131 817 352-6494 Fax 817 352-7938 E-mail jexome.johnson@ , on� D 0 E 0 V February 22, 2001 Vn Shelly Badger P R 2 7 2001 City of Yelm Railroad 105 Yelm Avenue W Yelm, WA 98579 Dear Shelly: We just wanted to thank you again for attending our Shortline Conference in October 2000. We also want to let you know as an early reminder that this year's conference will be October 29 and 30, 2001, with a golf outing tentatively planned for Sunday, October 28. Current plans for a full day of presentations on Monday and a half day Tuesday. A demonstration on Equipment Handling and Responsible Care is scheduled for Tuesday afternoon. We have also enclosed a set of responses to issues and problems raised during Mark Schmidt's Ease of Doing Business feedback session. Please contact Mark at 817-352-2270 or myself if you have follow-up questions or comments. We look forward to seeing you at the 2001 conference. More details and information will follow as things are firmed up. Sincerely, Enclosure 021301.a Communication & Customer Service Module 2000 BNSF Short Line Conference October 31, 2000 The following issues were brought during the feedback session. Below each item is BNSF's response. 1. Investigate the use of Hammerhead technology for short lines. This technology interfaces with TSS reporting and would require some version of TSS in order to provide the functionality required. Without development of a customized TSS- Shortline application, this will more than likely not be a feasible option. 2. Sharing of information from AEI readers which are on their property with the short lines. From Rick Lederer of BNSF: We would be more than willing to provide AEI reader information to our short line partners. There are specific system requirements that they will need in order to process this information. If anyone is interested, they may contact Shannon McGovern, Director Network Support Systems, at 817-593-1021. 3. Resolving reporting issues with short lines whereby cut goes by an AEI reader, is dropped off at a short line and car still shows on train till the next reader. From Rick Lederer: Until Hammerhead can report real-time via a wireless application, this is BNSF's current reporting standard as well. The other option is to have train crews specifically call their interchange setouts into the Service Support Center but this would circumvent existing Hammerhead reporting practices as well as add labor costs to the Service Support group. 4. Car movement information reporting over the Internet. BNSF develop the format required to report over the web and short lines will fill it in. From Ken Howard of BNSF's ISS group: Following an initial investigation, BNSF could,from a technology standpoint, build a WEB site for reporting events and nothing else. However, this carries with it significant costs for process management, IT support of software, telecom links, data flows and support costs for those components as well as incremental data charges to and from Railinc. In light of these potential costs and disabilities, other alternatives appear to be more appropriate at this time. 5. Significant concern over RMI being the only vendor offing short line operating and account packages. Concerns expressed were: • Transaction rate too high • Too much money • Need some option to keep RMI competitive • RMI is no longer going to support their PC package and force everyone over to their RAILCONNECT.com 021301.a From Jerry Johnson of BNSF's Short Line group: While BNSF will supports and endorses the RMI product line, we will also work with other EDI vendors as they appear. We believe the threat posed by such potential competitors as EDS, Klienschmidt and the ISS groups of existing Class 1 and Class 2 carriers will keep long run short line EDI costs at reasonable levels. It will also compel RMI to stay at the forefront of third party railroad EDI product development. 6. Tulsa is BNSF's "black-hole" as far as reporting. Responsibility: Rick Lederer BNSF provides bridge moves between UP and SKOL. UP and SKOL are currently not providing BNSF billing information indicating cars are for a bridge move. Issue will be re- addressed with both UP and SKOL to provide BNSF with correct information to protect these moves. 7. Short lines need the 800#of the interchange desk 800 number applies to all Short Line Carriers Voice 800-549-4601 Fax 800-234-1341 8. Service Support is not following up on information it is given. From Brian Aman of BNSF Service Support @ 817 593-1032: Briefings have been held with all Service Support employees. We will also begin Telephone Quality Reviews for each employee. 9. Need to get customer service rep's out on a train so they better understand the environment they are dealing with-know their territories, more education. From Brian Aman and Gary Zubel of BNSF Customer Solutions: While training is an on-going process for the Service Support employees, sending employees on road trips has been cost prohibitive due in part to high turnover rates. The center currently has about 300 scheduled employees with seniority that allows them to move from position to position,utilizing their seniority within a collective bargaining system. Generally there are 30 to 40 employees in the process of movement from position to position. i For Customer Solutions, training involves fieldwork with the Operating Department. Employees spend time with the local crew and actually observe switching cars for customers. Also, these personnel are involved with customer meetings with our Operating people in the field. 021301.a RAILROAD INDUSTRIES -- INCORPORATED ` `. 369 Pine Street,Suite 518 �,ir�;( ? 3 SCO ' San Francisco,CA 94104 415-677-9353 -' 415-677-9355 (Fax) Shelly Badger City of Yelm Date: November 1, 2003 PO Box 479 Invoice No.: 10023 Yelm, WA 98597 RRI Project No.: 3023 INVOICE Reference: ;Description Amount Past Due $62.40 Appr d for a ment: 22 Dater Project: �s _LL11 %BARS# BARS# $62.40 TOTAL AMOUNT,DUE (U:S Do[I rs) PAYMENT'INSTR CTI:ONS4 ' Invoices.are due u on receipt, payable in U.S. Dollars Please make remittance payable to: Railroad Industries, Inc. Wire Instructions: Wells Fargo Bank One Montgomery Street San Francisco, CA 94104 Routing #: 121042882 Account#: 9286307666 If you have any questions, please call Accounts Receivable, (415) 677-9353. �� ./ r Y ��' 4 T � �� 1 ' ® ` ` � � `. r, '� �, � . ' i .{. s `�. i r , ,: � ��' .. ,i ' i" ' /� I '� �. i • RAILROAD INDUSTRIES INCORPORATED 6423 Meadow Country Drive Reno,NV 89509 775-825-6570 775-825-6578 (FAX) INVOICE September 1, 2003 Mr. Joe Williams Williams Group, LLC PO Box 5210 Yelm, WA 98597 Professional services rendered as llows: - -- - ---- TIME - DATE (Min) ITEM 8-1 1 BNSF 8-14 20 Joe, BNSF 8-15 10 Joe Total 40 CHARGES 40 min. X $90 per hour $60.00 Phone 2.40 Total Due $62.40 4 L ! RAILROAD INDUSTRIES INCORPORATED _--_-- --- ; _ 6423 Meadow Country Drive Reno,NV 89509 JUL 18 2003 775-825-6570 775-825-6578 (FAX) =.--- INVOICE July 1, 2003 Mr. Joe Williams Williams Group, LLC PO Box 5210 Yelm, WA 98597 I Professional services rendered as follows: TIME DATE (Min) ITEM 6-5 50 Jerry, BNSF, Joe 6-6 10 Joe Total 60 CHARGES 60 min. X$90 per hour $90.00 Phone 2.70 Total Due —$92.70 Approved for Payment: Date: Project:. Pis )) )j 660 �,�/ �pj : S:�/�. v" :LESLIE D H RIEHL FAX N0. :4153eie764 Jul. 10 2003 04:40PM P2 ASA,, Railroad Industries Incorporated 6423 Meadow Country Orive Reno,Nevada 89509 775-825-6';70 June 2, 2003 Mr.Joe Williams Williams Group, LLC P.O. Box 5210 Yclm, WA 98597 Via fax: 360-458-8533 Dear Mr. Williams: Railroad Industries is pleased to submit a proposal to provide consulting services to the City of Yelm. The objective of our proposal is to provide assistance in the proposed acquisition of the rail line between Roy and Tacoma from the BNSF. Specifically: Step 1: Contact the INSF for specific information on the line and determine the sale requirements. ::.ime: 1 to 2 hours Step 2: Prepare a preliminary financial analysis of the rail line to determine the viability, value and Xotential profit from the line. Time: 10-12 hours If Steps l and 2 are satisfactory and the Ci-:.y of Yelm wishes to proceed with the acquisition of the rail line,then Step 3: Conduct an on-site visit to the property to inspect the track and structures and interview the c113t0mers, Update the financial analysis to reflect the findings from the on-site inspection- Time: 30-32 hours plus travel expenses If the results of Step 3 are positive and the City of Yelm wishes to proceed with the acquisition of the rail line,then: r - '.' =SIT= D H R I EHL FAX N0. :41538187E'34 Jul. 18 2003 04:41 PM P3 Step 4: Prepare and submit proposal to acquire line from the BNSF- Time:5-10 hours Step 5: Conduct due diligence: Time: to be determined Summary of Proiect Project Hours: Step 1: 1 to 2 hours Step 2: 10 to 12 hours Subtotal Step 1 and 2. 11 to 14 hours Step 3: 30 to32 hours Step 4: 5 to 10 hours Subtotal Steps 1 through 4: 46 to 56 hours Step S; to be determined Proiect Schedule: Railroad Industries is ready to start immediately, We anticipate that the initial steps of this project will be completed within five working days from the start of the project. The time frame for the remaining steps will be evaluated at the time the steps are begun. Proiect Team: Railroad Industries is comprised of a team of associatcs with specific areas of expertise in the rail industry, These associates will work specifically on this project. Principal: Gary V, Hunter Associate: Leslie D. 1i. Riehl Railroad Industries has a very good working relati anship with Mr. Jerry Johnson and Mr, Mich Battie at the BNSF. We have also recently finished a project for Mr. Ray Allred at the WDOT on branch lines in Washington. We believe our contacts at these organizations will assist in this acquisition proposal. �Vv :-ESLIE D H RIEHL FAX N0. :41539ie7E14 Jul. le 2003 04:41PM P4 Project Bud et: Project IIours: Step 1: 1-2hours @$90/hour $90- $180 Step 2: 10-12 hours $900- $1,080 Total Step l and 2: $990- $1,260 Step 3: 20- 32 hours @$90/hour $2,700 - $2,880 Step 4: 5-10 hours $450 - $900 Travel ,Expenses: $600-$800 Administrative: $200 actual costs billed only Steps I through 4 $4,940 to $6,040 Please review this proposal and feel free to call me with any questions. If you are ready to begin,please sign below and Railroad Industries will start on this project immediately_ Sincerely, Gary V. Hunter/,/— Williams Adam Sigo0irgi �-� i re ,C Title itle Company Date • o Bate =SLE D H RIEHL FAX N0. :4153818764 Jul. 18 2003 04:40PM P2 Railroad Industries Incorporated 6423 Meadow Country Drive Reno,Nevada 89509 77.5-825-6!;70 June 2, 2003 Mr.Joe Williams Williams Group, LLC P.O. Box 5210 Yelm, WA 98597 Via fax: 360-458-8533 Dear Mr. Williams: Railroad Industries is pleased to submit a proposal to provide consulting services to the City of Yelm. The objective of our proposal is to provide assistance in the proposed acquisition of the rail line between Roy and Tacorna from the BNS)F. Specifically: Step 1: Contact the 13NSF f)r specific information on the line and determine the sale requirements. Mime: 1 to 2 hours Step 2: Prepare a preliminary financial analysis of the rail line to determine the viability,value and Xotential profit from the line. Time: 10-12 ho urs If Steps I and 2 are satisfactory and the Chy of Yelm wishes to proceed with the acquisition of the rail line,then: Step 3: Conduct an on-site ,Isit to the property to inspect the track and structures and interview the cu3tomers. Update the financial analysis to reflect the findings from the on-!:ite inspection. Time: 30-32 hours plus travel expenses If the results of Step 3 are positive and the City of Yelm wishes to proceed with the acquisition of the rail line,then: D H RIEHL FAX N0. :4153818764 Jul. 18 2003 04:41PM P3 Step 4: Prepare and submit proposal to acquire line from the BNSF. Time:5-10 hours Step 5: Conduct due diligence: Time: to be determined Summary of project Project Hours: Step 1: 1 to 2 hours Step 2: 10 to 12 hours Subtotal Step 1 and 2: 11 to 14 hours Step 3: 30 to32 hours Step 4: 5 to 10 hours Subtotal Steps 1 through 4: 46 to 56 hours Step 5: to be determined Project Schedule: Railroad Industries is ready to start immediately. We anticipate that the initial steps of this project will be completed within five working days from the start of the project. The time frame for the remaining steps will be evaluatt:d at the time the steps are begun. ?roiect Team: Railroad Industries is comprised of a team of associates with specific areas of expertise in the rail industry. These associates will work specifically on this project. Principal: Gary V. Hunter Associate: Leslie Tl_ 14. Riehl Railroad Industries has a very good working relatiz)nship with Mr: Jerry Johnson and.Mr. Rich Battie at the BNSF. We have also recently finished a project for Mr. Ray Allred at "he WDQT on branch lines in Washington. We believe our contacts at these organizations will assist in this acquisition proposal. D H RIEHL FAX N0. :41530le7f'34 Jul. ie 2003 04:41PM P4 Project Bud et: Project IIours: Step 1: 1-2hours @$90/hour $90- $180 Step 2: 10-12 hours $900-$1,080 Total Step 1 and 2: $990-$I,260 Step 3: 20- 32 hours @$90/hour $2,700-$2,880 Step 4: 5-10 hours $450-$900 Travel Expenses- $600-$800 Administrative: $200 actual costs billed only Steps 1 through 4 $4;940 to$6,040 Please review this proposal and feel free to call nit with any questions_ If you are ready to begin,plea-5e sign below and Railroad IndustriEs will start on this proiect immediately_ Sincerely, Cary V. Hunter//-- Williams Adam iv Si stir __._. e f Ct "Citle itle Company hate �' J _ •o v Date :1-ES-LIE D H R I EHL FAX N0. :41530107E"34 Jul. 10 2003 04:40PM P1 RAILROAD ;INDUSTRIES INCORPORATED 41. 5 - 381 - 8764 FACSIMILE; TRANSMITTAL SHEET TO: FROM: QIYCO�. Leslie D.H.Mehl COMPANY: llA'I7:: U7/1H/03 PAX N LJMiSNx: T��'I'p L NC).OF PACES I NCLUDTNG COVP.R: 'P1 ic)Na NUMBER: ti13NLEn•s RirERENc:V:NUMBr.�.R: YOUR REF'F:I(IiNCP NUMBI.R: —.amu ❑URGF.N'1' ❑l7UR REVIEW FLKAtiE COMMKNT ❑I IA"ASF:REPLY ❑PLEASIs RXCYCLE Notes/Comments: -,9u TACIFIC WAY mull BEACH, CA 9496S 4.1 , FRM LESLIE H Pl-=HL HC. JL:rt. (341 X03 &,122rm P1 Jun 03 03 1a:030 Pa-k 3G •4T-0 'ISO! P- 4 rNN :-ABLM D H F:ev.. FAX Pz as bolij �� 642.1 Meadow Couvin-Drive Reno.Nv A4 a ggif)'O V) I • IV 'Unc Aft %IT jot Williams P.0 BOK 51.10 I elm, WIA"JOY Via Lx- 360.458-953311 Williams! P wroad industries is Pievvil hisliblim A lnt;Xad lu PluN Cily of"ielm, Thi objective Of OLLUMPOSA is W PfO%'Lk a35i5tt'n: S: loJPJSF- ' 'silionof the fail lim bel"ect)Roy in & rr. Contact,I'm ;or.11;,ecific de4enffilae the sal.te4:ei!zsn'•�1es.step 'Pi't't t to hourt time AIX - if Steps I and 2 ate sal?'C%�tary 0"-4!k Citi Uquishiork Of the fail Ibir'!herc ropt:A�to agpect the tMak Slap 'to ou-s.:-e TX the jj:-Jj;,;, ':rMr3. L Tfrpr: W w3ccl Ndlr%l. Phis ubvei upgop-ty 4!the Cit of yvial Wishes to proceed WA if dw results of Step 3 we Posilive�In the acquisition Of'he rail Linc, JUL-18-03 09:42 AM RAILROADINDUSTRIES 7028256578 P. fOZ FRU.1 :LESLIE D H RIF.FL PA'-; 14C. :415381@7654 Jur. (34 --%'3 O"E'.22M 02 f `Jun 03 ca 12:030 p_fl:e-ie Park HO'dings 3c^ 40 3501 FAX IC. .4.".FhV6j 1--,. 07 2T03 13,54AM P3 A3 Op 4 Prepare ad sabffia ptbpw.,IW to acpaire line(mm the —A Ima. is houm Step 3 &C i;erter J.3iff'; to ter jelerswred Step 1: 1 1*Z hoirs Step 2: 0 io 12 noviv UW-Aoftf SICP aid 2: 1 to 14 hours mt: 31)101 hc%M to dwough 4 4e. 5h hours he(L.Im.,jimed A v that The initial seeps Or Raihoad Orlhe PMJOCL wjttjj.1rve working days race ft Wr. this pmjGct wiq be campleted at tho tilp.I'm?!epf err fell in tar uw n-malidry. finw Omw asx-cjeas with Inductric j j;tmeay.4 Arik 11:41D 04 I%Wil work specip4aI pf Gizz *a mu kchatty. The:m ASO ciary V Hwur AW06CAO' Ltylic 0.H•Reehl loft= Rujimid fcdtlgfwr,iaS 3 ytrY AQW -ma at pmez,law-Nif.payAr &I file ONSF Weboalk. a We b451%7�:OUT CV111WU a hew on 1"SmIch jj4cs in Wasbi. tom- WDUT the a in lbut 3UL-lU-W6 W:0:4;Z RM KRiLXURDlNMU%ilKlt_% w z t:;;&:n 6 Z)ft:; Y.U6 'Jun U:j 06:23AM FROP :LESLIE D H RIEEHL Fn:� [9% 04 2003 -at - P� It Wp�dt�.m .s. �C" 46"El-UhUl F 4' NO- LM IE Dm PIE... FW. <J, F:4 robi Step ArIJ 2. $990-Sim S!ep V llitis $9w S30D ac-.ual costs bilkd ody sups I lkronh 4 $4.940 to S6,040 ! i pledft review hip plalwly a and feel fru to ciii nit with an q ions. If yon awlewy var. this pfOjW inulvdizl4b please sign b6ow and Ra:ircal lziOTI&Wsil! to begin. (lay v winteg-", A roll 1! 411. Dole S - 41 - I f J, m w CITY OF YELM RAILROAD VEGETATION MANAGEMENT CONTRACT BETWEEN THE CITY OF YELM AND RAILWORKS TRACK SYSTEMS, INC. Effective:August 13,2014 A. RECITALS 1. The City of Yelm, a Washington municipal corporation ("the City"), has accepted a bid proposal with Railworks Track Systems, Inc., a Washington corporation (Contractor) for the management of vegetation along the entire length of railroad track owned by the City from 1st St.NE and N.P. Rd. in the City of Yelm to 293rd St. S in the Town of Roy; and 2. Facility maintenance and repair are a fundamental municipal function; and 3. Railworks Track Systems, Inc. represents that it has the experience, resources and expertise necessary to perform railroad vegetation management services; NOW THEREFORE, based upon the above recitals and the consideration provided herein,the City and Railworks Track Systems, Inc. agree as follows: &AGREEMENT 1. Definitions. All terms herein shall have the meaning found in the following sources: (1) Washington law; and(2)the common dictionary. 2. Responsibilities and Rights. Railworks Track Systems, Inc. covenants and agrees to furnish all equipment and labor necessary for the management of vegetation along the City owned railroad, commencing August 13, 2014 until work is completed on September 11,2014 per the scope of work. 3. Termination; Notice to Contractor. The City may terminate this Contract at any time, upon failure of Contractor to comply with any terms of this contract or any applicable federal, state or City laws, regulations or ordinances, but only upon written notice to Contractor served personally upon any employee at Contractor's local office or by certified or registered mail ten (10) days prior to termination and in the event notice is given by regular or certified mail,notice shall be deemed "served"upon deposit of the notice in the mail. 4. Insurance: Contractor shall procure and maintain for the duration of the Contract, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. All insurance required herein shall provide occurrence-based coverage,rather than claims-made coverage. 4.1 Contractor shall provide a Certificate of Insurance evidencing: 4.1.1 Automobile liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and SCANNED 4.1.2 Commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include by not be limited to: blanket contractual; products/completed operation; broad form property damage; explosion, collapse and underground (XCLi) if applicable; and employer's liability. 4.2 Any payment of deductible or self-insured retention shall be the sole responsibility of Contractor. 4.3 The City shall be named as an additional insured on the insurance policy, as respect to work performed by or on behalf of Contractor, and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. 4.4 Contractor's insurance shall contain a clause stating the coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits• of the insurer's liability. Contractor's insurance shall be primary insurance with respect to the City, and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. 5. Workers Compensation Responsibility; Compliance with Laws. Contractor shall pay all amounts due to the Department of Labor and Industries of the State of Washington and to the State of Washington in connection with the Workers Compensation Act or any other amounts due the State of Washington in the form of taxes or fees as required by law in connection with the performance of this Contract. Contractor shall comply with all federal, state and local laws in effect during the period of this Contract, including amendments to laws presently in effect, in connection with their performance of this contract. 6. Contractor Indemnity: Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, damages, judgments, losses, liability and expense (including attorney's fees), including but not limited to those for personal injury, death or property damage suffered or incurred by any person,by reason of or in the course of performing this contract which is or alleged to be caused by or may directly or indirectly arise out of any act or omission of the City, its officers, employees, agents and volunteers. This Contract shall also include all costs and attorney's fees incurred by Contractor in defending the same. 7. City Indemnity. The City shall indemnify, defend and hold harmless, Contractor, its officers, agents and employees, from and against any and all claims, demands, damages, judgments, losses, liability and expenses (including attorney's fees), including but not limited to those for personal injury, death or property damage suffered or incurred by any person, by reason of or in the course of performing this contract which is or alleged to be caused by or may directly or indirectly arise out of any act or omission of the City, its officers, employees, agents and volunteers. This Contract shall also include all costs and attorney's fees incurred by Contractor in defending the same. 2 SCANNED' 8. Nondiscrimination. Contractor will comply with all state and federal laws prohibiting discriminatory practices, including but not limited to prohibition against any nondiscrimination provisions of this contract, the City shall have the right, at its option, to cancel the Contract in whole or in part. 9. Applicable Law. This Contract shall be governed by the laws of Washington State. 10. Independent contractor. The parties agree and acknowledge that Contractor is an independent contractor and not an agent or employee of the City, and that no liability shall attach to the City as a result of the acts or omissions of Contractor, its employees, agents or assigns. Contractor shall have no authority to execute agreements or to make commitments on behalf of the City, and nothing contained in the Contact shall be deemed to create the relationship of employer and employee or principal and agent between the City and Contractor. 11. Subcontracting. The parties intend that Contractor shall perform pursuant to the terms of this Contract with its own forces and employees. However, in the event any incidental subcontractor services are necessary, Contractor agrees to be responsible for the standards of performance of any subcontractor. Contractor agrees to assure that the work or services performed by any subcontractor shall satisfy the terms of this Contract. Contractor agrees that no subcontractor shall relieve Contractor of any obligation under this Contract. All subcontractors shall first be approved by the Public Works Director. 12. Taxes and Fees. As an independent contractor, Contractor acknowledges that it is responsible for payment of any local, state, or federal taxes or fees with respect to Contractor's agents and employees, and any taxes or licenses applicable to Contractor's business activity. Contractor shall pay all licenses or permit fees required by local ordinances or state or federal law. Contractor is also responsible for all fees associated with hauling and disposing of all materials generated from the demolition of the kitchen facility and foundation slab. 13. No Partnership. It is understood and agreed that nothing contained within this Contract shall be construed as creating or constituting a partnership or joint venture between the parties. 14. Dispute Resolution. In order to have a mechanism for the prompt resolution of any disputes in the administration or interpretation of this Contract, it is understood that the City Council shall resolve all disputes as to the proper performance under this Contract, including all disputes as to payment. All disputes not resolved by the City Council shall be resolved in Thurston County Superior Court and the parties hereby consent to the jurisdiction of and venue in said court. 15. Prevailing Wage: The contractor will be required on this Contract to pay the Washington State Prevailing Wage Rates established by the Department of Labor and Industries for Thurston County. Contractor acknowledges and agrees that it must file a Statement of Intent to Pay Prevailing Wages with the Industrial Statistician of the Department of Labor and industries Services (DLIS) and provide the City with a copy of the same. 3 A� c��yy 1 16. Costs and Attorney's Fees: In the event any action is brought by either party to enforce the terms of this Contract or for breach of this Contract by the other party, the parties agree that the non-prevailing party shall pay to the substantially prevailing parry reasonable attorney's fees (including the reasonable value of services rendered the City Attorney) and costs and disbursements incurred by such party. 17. Reservation of Municipal Authority. The City specifically reserves the right to enact general municipal ordinances affecting all business and persons in the City of Yelm, which may affect Contractor. 18. Severability. If any term or provision of this contract is held invalid, the remainder of such terms or provision of this Contract shall not be affected, if such remainder would then continue to conform to the terms and requirements of applicable law. 19. No Waiver. Failure by either Party to enforce any condition, requirement, responsibility or provision of this Contract shall not be construed as a waiver of the Party's right to subsequently enforce that condition,requirement,responsibility or provision. 20. Entire Agreement: Amendments. This contract represents the entire and integrated agreement between the City and Contractor. 21. Corporate Authority. Each individual executing this Contract on behalf of a corporation represents and warrants he/she is duly authorized to execute and deliver this contract on behalf of the corporation in accordance with a duly adopted resolution of the board of Directors of the corporation, or in accordance with the By Laws of said corporation, and that this Contract is binding upon the corporation in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their authorized officials, the contract in duplicate, each of which shall be deemed an original as of the last date provided below. 4 CANNE— CITY OF YELM, a Washington municipal CONTRACTOR, a Washington Corporatio corporation By: By: ilwork r ks Systems, Inc. Raron Hor ,P46444044G� .j C" Date: Date: 7/ZIZ 12014 Attest; 5E� f}atTf+O'1 SfCK T ' d&=y ne Schnepf, City Cler lvl Ap oved as to Fol l Brent F. Dille, City Attorney EXHIBIT A SCOPE OF WORK 6 The scope of work for this project includes the following activities: The work includes application of herbicides, mowing of brush,and cutting, hauling, and disposal of larger vegetation and trees.The work is to be completed within 30 days from notice to proceed from the City. Project limits are 1st St. NE and N.P. Rd. in the City of Yelm and 293rd St. S in the Town of Roy. It will be the contractor's responsibility to furnish all high rail mounted equipment, materials, tools, and labor necessary to spray herbicides, and cut, haul, and dispose of the material generated from the vegetation management activities to an appropriate disposal site. Any transportation, hauling, and disposal fees shall be the responsibility of the contractor.Any traffic control that may be required will also be the responsibility of the contractor. 7 EXHIBIT B BID PROPOSAL ATTACHMENT 8 SSCAN�, ED City of Yelm-Railroad Vegetation Management Bid Sheet Date OS A/ Company k o,;I Wordy -T;-vre- - S4-4,".S .tAJG Bid$ le Z.F . 0 7- 10 1 12 Authorizing Signature All bids shall include all costs,taxes, and fees associated with the completion of this work. PAYMENT Travelers Casualty and Surety Company of America BOND Hartford, Connecticut 06183 Bond No.: 106139804 CONTRACTOR SURETY: (Name,legal status and address) (Name,legal status and principal place of business) RailWorks Track Systems, Inc. Travelers Casualty and Surety Company of America 274 U.S. Highway 12 One Tower Square Chehalis, WA 98532 Hartford, CT 06183-6014 OWNER: (Name,legal status and address) City of Yelm 105 Yelm Ave West Yelm, WA 98597 CONSTRUCTION CONTRACT Date: Amount:$ 25,760.00 Twenty Five Thousand Seven Hundred Sixty Dollars and 00/100 Description: (Name and location) City of Yelm Railroad Vegetation Management BOND Date: July 31, 2014 (Not earlier than Construction Contract Date) Amount:$ 25,760.00 Twenty Five Thousand Seven Hundred Sixty Dollars and 00/100 Modifications to this Bond: 0 None 0 See Section 18 ��1�,,,,u+n++++r+up„U jog orj CONTRACTOR AS PRINCIPAL SURETY �tr :shy Company: RailWorks Track Systems, Inc. Company: Travelers Casualty and Suretyl$ Ar� rA (Corporate Seal) (Corporate Seal) CONN. /,-.F Signature: Signature: Name and 1e1 Ch(AAb c49 1.y Name and Colette R. Chisholm Title: v 6n1,r-e)@c Title: Attorney-in-Fact _ (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKER: `,`````��S REPRESENTATIVE: ```e��p► otbt � gineer or other party:) �O Alliant Insurance Services, Inc. `Q� p� �� o � SEAL Z 333 Earle Ovington Boulevard, Suite 700 •6 Uniondale, NY 11553 NEVA ' 516-414-8900 The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 ""CANNED”' § 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any personor entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims, demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.I.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 SCANNED Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in la court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or_(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials!or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. § 16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The tern Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable,mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. § 16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. . § 16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 SECANNED § 16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 4 ACKNOWLEDGEMENT OF PRINCIPAL—IF A CORPORATION STATE OF .......W.!4.........} SS COUNTY OF....Gem w.......} On this.........fif............ day of.... atjw.f.......... ..Zp&.. before me personally appeared R,c.(aowd..&"rwe'............... to be known,who,being by me duly sworn,did depose and say; that die/she resides at a►oc,lau Ao,_.,G04 .......... that he/she is the .&444rd._W". tk�.......... of .1(a?P1 s..J�'cu.�...Xvz-Aw x. the corporation described in and which executed the within insurance instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order. /xz& D. ACKNOWLEDGEMENT FOR PRINCIPAL, IF LIMITED LIABILITY COMPANS - NOTARY STATE OF .........................} SS �* : PUBLIC ; • n COUNTY OF ..................... .} �'iq~'°k o4 /1611111110% ................. On this ............ day of ..................................... ................ before me personally appeared .......................................................................... to me known and known to me to be the ...........................................................of ............................................................................ a Limited Liability Company, described in and who executed the foregoing insurance instrument and acknowledged to me that he/she executed the foregoing insurance instrument and acknowledged to me that he/she executed the same as and for the act and deed of said Limited Liability Company. . .....................:................. ..................... ACKNOWLEDGMENT OF SURETY COMPANY STATE OF ... New York .•,••} SS COUNTY OF .,Nassau } On this ......4uly.3A,,Zt114 before me personally came.......,Colette R..Chisholm. ..... ........ ..................... to me known, who, being by me duly sworn, did depose and say; that he/she resides in New York County ,,,,, State of New York.,.,,.,,•,•,,,., .,at he/she is the Attorney-In-Fact of the .,,, Travelers Casualty and Surety Company,of America the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York, issued to ... Travelers Casualty and Surety Company of America,,,,,,,,,,,,,,•,•,,,(Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of acceptin and approving ii,t, as such; and that such certificate has not:been revoked. ..................................................... Notary Pub"BESIREE CARDLIN Notary Public,State of New York NY acknowled ment No:01CA6150043 g Qualified in Suffolk County Commission Expires 07/24/2018 =a SCANNED • ' .• WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 227925 Certificate No. 005888969 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Thomas Bean,Rita Sagistano,Gerard S.Macholz,Susan Lupski,Robert T.Pearson,Camille Maitland,George O.Brewster,Colette R.Chisholm, Virginia M.Lovett,Vincent A.Walsh,Lee Ferrucci,Desiree Cardlin,and Nelly Renchiwich of the City of Uniondale State of New York their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permi ted{m any 14.ons or proceedings allowed by law. IN WITNESS WHEREOF the.Companies have caused this instrum n to'bes i neYJ an their'coiporate seals to be hereto affixed,this 29th day of April 2014 , Farmington Casualty Company ; St.Paul Mercury Insurance Company Fidelity and Guaranty sura ce CompanyTravelers Casualty and Surety Company ij Fidelity and Guaranty InsurailceUnderwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company _ - St.Paul Guardian Insurance Company ASU F\RE• .w..'..'•+..,,,e PY A T •m ...-....INSU Hp 2 <T� �p,pp• JV ��.......G,y ,{Jp .'4q,�*:, '(p N:' •> t"4:' P �-3 ' "b G� IHCORPAtED� Y m: �ICaRPOR,,)F.m dW;GORPORATF C�' b 9i 5 � 1FU �^E F F E --- .�; a HARTFORD, tt4AtFCflD, i ; X977 :a 1951 S 9 �`• CONN. n � � N 1896 g as 3ey o.; �.SEAL.• Sooa;SEAL;+s „ o yJ'H� >.•... a oy yec A. 1S•�......ra e� FN v'' N/!APN State of Connecticut By: City of Hartford ss. Robert L.Raney, enior Vice President On this the 29th day of April 2014 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. epl�_Ox_ l In Witness Whereof,I hereunto set my hand and official seal.My Commission expires the 30th day of June,2016. Marie C.Tetreault,Notary Public 58440-8-12 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER •":. '� = This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any`Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any-time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and Umted�Siat'es Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compames�%which is in4full force'466ieffect and has not been revoked. j'a °9 , JUL 3 11014 IN TESTIMONY WHEREOF,I have hereunto set my hand and,a Edi the seas of sard-Companies this day of 20 i �',?.✓ Kevin E.Hughes,Assistant Sec tary �Z42y�`Gt9•.°c8r�AN2�T��a)`a;O YZSc�j,G1�/°9`°°y�°�°N!d' �"1�"p9r�w5,�V1ltt�G §i�"ie6��a""'y'm.F�.A„,�"�6sWem�"N�P�mi< ma@Lf:�C%.OS1^.SF�NEP.~OAIRANN�ASL')U,F,1+r!om r: i)'aI4�'bi +'O5a.S..�.I...NO..xA.S....V.,L.NT*. RA FF• fdyje:D3�,n,,a°; a¢PObJHr"AQCTROTY FNAON/Rp.nC (DI-A"141, I'` 0� , F�18Y9�61 of0 AMY AM�� To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD,CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31,2013 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK$6,480,000 ASSETS LIABILITIES&SURPLUS CASH AND INVESTED CASH S 67,799,624 UNEARNED PREMIUMS $ 808,717.671 BONDS 3,452,214,898 LOSSES 809,863,176 INVESTMENT INCOME DUE AND ACCRUED 47,758,502 LOSS ADJUSTMENT EXPENSES 460,670,453 OTHER INVESTED ASSETS 265,099,610 COMMISSIONS 31,781,136 PREMIUM BALANCES 190,836,462 TAXES,LICENSES AND FEES 12,482,322 NET DEFERRED TAX ASSET 61,575,098 OTHER EXPENSES 38,437,893 REINSURANCE RECOVERABLE 11,351,414 FUNDS HELD UNDER REINSURANCE TREATIES 94,401,464 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 4,910,772 CURRENT FEDERAL AND FOREIGN INCOME TAXES 18,387,407 RECEIVABLES FROM PARENT,SUBSIDIARIES AND AFFILIATES 30,772,481 REMITTANCES AND ITEMS NOT ALLOCATED 13,577,503 STATE SURCHARGES RECEIVABLE 258,771 AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 23,615,357 OTHERASSETS 14,872,822 RETROACTIVE REINSURANCE RESERVE ASSUMED 1,511,674 POLICYHOLDER DIVIDENDS 6,462,513 PROVISION FOR REINSURANCE 3,970,484 ADVANCE PREMIUM 1,078,609 PAYABLE FOR SECURITIES LENDING 4,910,772 DERIVATIVES 112,003 CEDED REINSURANCE NET PREMIUMS PAYABLE (64,954,254) ESCHEAT LIABILITY 471,948 OTHER ACCRUED EXPENSES AND LIABILITIES 242,236_ TOTAL LIABILITIES $ 2,265,740,367 CAPITALSTOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,441,436,327_ TOTAL SURPLUS TO POLICYHOLDERS $ 1,881,720,088 TOTAL ASSETS $ 4,147,460,454 TOTAL LIABILITIES&SURPLUS $ 44 14-$ STATE OF CONNECTICUT ) COUNTY OF HARTFORD CITY OF HARTFORD ) MICHAEL J.DOODY,BEING DULY SWORN,SAYS THAT HE IS SECOND VICE PRESIDENT,OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF,THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANYAS OF THE 31ST DAY OF DECEMBER,2013. SECOND VICE PRESIDE ------•--, SUBSCRIBED AND SWORN TO BEFORE ME THIS NOTARY PUBLIC 19TH DAY OF MARCH,2014 SUSAN M.WEISSLEDER A'orary Public My Commission Expires Arorember 30,2017 t.yV44 kaftrrrrl Pty 's Ar Jjrrt1 t i 1 t 1 S\l,iL � �f N DATE(MM/DD/YYYY) A�® CERTIFICATE OF LIABILITY INSURANCE I 07/28/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the w certificate holder in lieu of such endorsement(s). PRODUCER CONTACT - ) Aon Risk Services Northeast, Inc. NAME: PHONE FAX y Jericho NY Broadway office (A/C.No.Ext): A/C.No.: -� 390 North Broadway E-MAIL o Jericho NY 11753 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC tt INSURED INSURER A: Arch Insurance company 11150 Railworks Track Systems, Inc. INSURER B: Arch indemnity Insurance Company 30830 274 US HWy 12 Chehalis wA 98532 USA INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570054701089 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested N RTYPE OF INSURANCE ADD UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD (MMIDDIYYYYI A. X COMMERCIAL GENERAL LIABILITY PKG EACH OCCURRENCE $1,000,000 CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED $1,000,000 PREMISES Ea occurrence X 50'RR Exc.Del. MED EXP(Any one person) $10,000 X Contractual Liability/XCU PERSONAL&ADV INJURY $1,000,000 m GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 0 POLICY ❑X JET I A I LOC PRODUCTS-COMP/OPAGG $2,000,000 0 OTHER: o n A 11PKG8898707 04/01/2014 04/01/2015 COMBINED SINGLE LIMIT `n AUTOMOBILE LIABILITY $1,000,000 Ea accident Ix ANYAUTO BODILY INJURY(Per person) C Z ALLOWNED SCHEDULED ,BODILY INJURY(Per accident) d AUTOS AUTOSto HIRED AUTOS X NON-OWNED PROPERTY DAMAGE - AUTOS Per accident IF. 1' d7 UMBRELLA LIAB HOCCUR EACH OCCURRENCE U EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION A WORKERS COMPENSATION AND 11wc18898607 04/01/2014 04/01/2015 X I PER STATUTE I OTH- B EMPLOYERS'LIABILITY YIN 14Wc28919900 04/01/2014 04/01/2015 ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE. $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: Vegetation Management. Cit of Yelm is included as Additional Insured in accordance with the policy provisions of the General Liability and Auto Liability policies. General Liability and Auto Liability policies evidenced herein are Primary to other insurance available to an Additional insured, but only in accordance with the policy's provisions. workers Compensation not applicable in Monopolistic States - OH, ND, WA, WY. �G CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE AFI EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE .�. POLICY PROVISIONS. City of Yelm AUTHORIZED REPRESENTATIVE Public works 901 Rhoton Road Yelm WA 98597 USA ,p Jqc IA Lid..e,�L - ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY., PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION—CERTIFICATE HOLDERS (SPECIFIED DAYS) The person(s) or organization(s) listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible,such copies of the notice will be mailed at least 30 days, except for cancellation for non-payment of premium which will be mailed 10 days, prior to the effective date of the cancellation, to the address or addresses of certificate holders as provided by your broker or agent. Schedule Person(s)or Organization(s) including mailing address: All certificate holders where written notice of the cancellation of this policy is required by written contract, permit or agreement with the Named Insured and whose'names and addresses will be provided by the broker or agent listed in the Declarations Page of,this policy for the purposes of complying with such request. This notification of cancellation of the policy Is intended as a courtesy only. Our failure to provide such notification to the person(s) or organization(s) shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the person(s) or organization(s) listed or described in the Schedule above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. Endorsement Number: Policy Number: 11PKG8898707 Named Insured:RAILWORKS CORPORATION This endorsement is effective on the inception date of this Policy unless otherwise stated herein: Endorsement Effective Date: 00 ML0087 0011 10 Page 1 of 1 POLICY NUMBER:IIPKG8898707 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL, INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations,_ ALL PARTIES WHERE REQUIRED BY A WRITTEN CONTRACT. THIS INSURANCE IS PRIMARY AND NON— CONTRIBUTING WITH ANY OTHER INSURANCE WHERE THE WRITTEN CONTRACT REQUIRES THAT THIS INSURANCE BE PRIMARY AND NON— CONTRIBUTORY. WHEN THE INSURANCE PROVIDED BY THIS ENDORSEMENT IS PRIMARY AND NON—CONTRIBUTORY, WE WILL NOT SEEK ANY CONTRIBUTION FROM ANY OTHER INSURANCE POLICY AVAILABLE TO THE ADDITIONAL INSURED ON WHICH THE ADDITIONAL INSURED IS A NAMED INSURED. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II —Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" or "property damage"caused, in whole or in part, by 'Your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 0 "CAf N FE POLICY NUMBER: 11 PKG8898707 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Locations Of Covered Operations All parties where required by a written contract. This insurance is primary and non-contributing with any other insurance where the written contract requires that this insurance be primary and non-contributory. When the insurance provided by this endorsement is primary and non-contributory,we will not seek any contribution from any other insurance policy available to the additional insured on which the additional insured is a named insured. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property .This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" nproperty damage"occurring after: caused,in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, pars or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional'insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 RAILWORKS TRACK SYSTEMS,INC. WRITTEN CONSENT IN LIEU OF AN ANNUAL MEETING OF THE BOARD OF DIRECTORS May 22, 2014 In conformity with Chapter 78.315 of the.Private Corporations Act of the State of Nevada and by the By-Laws of RailWorks Track Systems, Inc., a Nevada corporation (the "Corporation'), the undersigned, being the sole member of the Board of Directors ("Director," and collectively, the"Board") , by consent in writing, do hereby adopt the following resolutions as though taken at a duly constituted meeting of the Board and hereby direct the Secretary of the Corporation to file this consent("Consent") with the fon-nal records of the Corporation. WHEREAS, pursuant to the By-Laws, the Board may by written consent elect any officer into office; NOW THEREFORE, BE IT RESOLVED, that each of the following named individuals be and hereby is elected as officer of the Corporation, to serve until a successor is elected and qualified or until earlier resignation and that the officers listed below shall constitute all of the officers of the Corporation, replacing any and all officers elected previously, regardless of title: Scott Brace President Robert Rolf , Vice President Keith Kortenbusch Vice President Gene J. Cellini Senior Vice President-Tax,Secretary and Treasurer Dan Burg Assistant Secretary Richard Carney Assistant Secretary Teresa Roundtree Assistant Secretary Benjamin D. Levy Assistant Secretary systems IN WITNESS WHEREOF, the undersigned has executed this consent as of the date first written above. B effre M. evy systems AN N D PERFORMANCE Travelers Casualty and Surety Company of America BOND Hartford, Connecticut 06183 Bond No.: 106139804 CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) RailWorks Track Systems, Inc. Travelers Casualty and Surety Company of America 274 U.S. Highway 12 One Tower Square Chehalis, WA 98532 Hartford, CT 06183-6014 OWNER: (Name,legal status and address) City of Yelm 105 Yelm Ave West Yelm, WA 98597 CONSTRUCTION CONTRACT Date: Amount:$ 25,760.00 Twenty Five Thousand Seven Hundred Sixty Dollars and 00/100 Description: (Name and location) City of Yelm Railroad Vegetation Management BOND Date: July 31, 2014 (Not earlier than Construction Contract Date) Amount:$ 25,760.00 Twenty Five Thousand Seven Hundred Sixty Dollars and 00/100 Modifications to this Bond: None See Section lb � UAND SUgFT`��y CONTRACTOR AS PRINCIPAL SURETY `��,.d••••••.,Sc�� Company: RailWorks Track Systems, Inc. Company: Travelers Casualty and Surety Corr a l of America's y z R 'f iARTF01aD„<9 (Corporate Seal) (Corporate Seal) CONN. . rr Signature: 4j- Signature: 4;WMAWO =t� <-�–'z Nameand fidH4A,0 clR Y Name and Colette R. Chisholm Title: ZE�vreat- /1nA,,Avk-2 Title: Attorney-in-Fact (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name,address and telephone) ' AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) %yhn1a1111i11I/�j,' Alliant Insurance Services, Inc. #' 1413o�pp 9�I�A�' 333 Earle Ovington Boulevard, Suite 700 R 3 G Uniondale, NY 11553 516-414-8900 s ��` '°• AT The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition I "'D ''CNEi §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may, within five(5)business days after receipt of the Owner's notice,request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition r�\) I\\ 2 vI G uu\Ju V L_ �C, §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. §10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedparties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 ACKNOWLEDGEMENT OF PRINCIPAL—IF A CORPORATION STATE OF .....Zt)4 ..........ISS COUNTY OF....Le44 o.......} On this. 1J day of...... 0 t �...., ...Z?KY.. before me personally appeared ir.I.s,,.A....CCU,.�e ............. to be known,who, eing by me duly sworn, did depose and say; that Wshe resides at tia aa�.a..... tajA....... that -he/she is the .......... of the corporation described in and which executed the within insurance instrument; that lie/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by Like order. ®oa �P.•SION ��O �� ACKNOWLEDGEMENT FOR PRINCIPAL, IF LIMITED LIABILITY COMPANN 3-C3 X0TARY • 10 PUBUC STATE OF .........................) SS °. a, ti• �e COUNTY OF .......................} is ®® ®i OF WASH\ �s'f1111111 Onthis ............................. day of ..................................... before me appeared .......................................................................... to me known and known to me to be the ...........................................................of ....................... ................................................... a Limited Liability Company, described in and who executed the foregoi ..ng insurance instrument and acknowledged to me that he/she executed the foregoing insurance instrument and acknowledged to me that he/she executed the same as and for the act and deed of said Limited Liability Company. ............................................................ ACKNOWLEDGMENT OF SURETY COMPANY STATE OF ... New York } SS COUNTY OF ..Nassau } On this .....•July.3A,•2014 before me personally came.......,Colette R. Chisholm............,.... .................. to me known, who, being by me duly sworn, did depose and say; that he/she resides in New York County State of New York•••.•.•,.•..•..••.•„•..at he/she is the Attorney-In-Fact of the ..,, Travelers Casualty and Surety Company of America.,.••..the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York, issued to ...Travelers•Casualty and.Surety.Company of America..............•,.••.(Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accepting-and approving it as such; and that such certificate has not:been revoked. Notary Public DESIREE CARDLIN Notary Public,State of NewYork NY acknowledgment No.09 Suffolk g Qualified in Suffolk County Commission Expires 0712412018 i� [j\\I D WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ� Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Attorney-In Fact No. 227925 Certificate No. 005888968 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Thomas Bean,Rita Sagistano,Gerard S.Macholz,Susan Lupski,Robert T.Pearson,Camille Maitland,George O.Brewster,Colette R.Chisholm, Virginia M.Lovett,Vincent A.Walsh,Lee Ferrucci,Desiree Cardlin,and Nelly Renchiwich of the City of Uniondale ,State of New York their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perniitttem ed3anya tions or proceedings allowed by law. %.Y l IN WITNESS WHEREOF,the:Gompanies have caused this instrument t bye^ igned and thgir corporate seals to be hereto affixed,this 29th day of April 2014 e Farmington Casualty Company ��"�'�,��.,�' �" St.Paul Mercury Insurance Company Fidelity and Guaranty�p'sera ce"rGompany,e;l Travelers Casualty and Surety Company Fidelity and Guaranty Insura a Underwriters,Inc. Travelers Casualty and Surety Company of America St,Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company """"•'w )F.J� NfG , YA/�°o� r % 'Y� �CORPNRA)�^ HARTFORD,EA CONCoSEAL%a O ,.,: 1 �1S•...�. * 1 �e NgAN1� State of Connecticut By: City of Hartford ss. Robert L.Raney,9enior Vice President On this the 29th day of April 2014 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•TIET In Witness Whereof,I hereunto set my hand and official seal. W w" li • V My Commission expires the 30th day of June,2016. ptIBL�) Marie C.Tetreault,Notary Public ft C�'$ 58440-8-12 Printed in U.S.A. �`,r, r�,r�_ ., WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ll1 V U� �� WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President; any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United�States Fideli y and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies„whrchcis in�full force and effect and has not been revoked. sa IN TESTIMONY WHEREOF,I have hereunto set my hand and;affxed the-sews,of"said-Companies this day of JUL 3 11014 20 ��. Kevin E.Hughes,Assistant Sec tary , OFI-z.'�''SEA.Lj3 �, CONN. c d'..... .,aanrs.......r AtN To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.travelersbond.com.Please refer to the Attorney-In-Fact number,the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA HARTFORD,CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31,2013 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK$6,480,000 ASSETS LIABILITIES&SURPLUS CASH AND INVESTED CASH $ 67,799,624 UNEARNED PREMIUMS $ 808,717,671 BONDS 3,452,214,898 LOSSES 809,883,176 INVESTMENT INCOME DUE AND ACCRUED 47,758,502 LOSS ADJUSTMENT EXPENSES 460,670,453 OTHER INVESTED ASSETS 265,099,610 COMMISSIONS 31,781,136 PREMIUM BALANCES 190,835,462 TAXES,LICENSES AND FEES 12,482,322 NET DEFERRED TAXASSET 61,575,098 OTHER EXPENSES 38,437,893 REINSURANCE RECOVERABLE 11,361,414 FUNDS HELD UNDER REINSURANCE TREATIES 94,401,464 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 4,910,772 CURRENT FEDERAL AND FOREIGN INCOME TAXES 18,387,407 RECEIVABLES FROM PARENT,SUBSIDIARIES AND AFFILIATES 30,772,481 REMITTANCES AND ITEMS NOT ALLOCATED 13,577,503 STATE SURCHARGES RECEIVABLE 258,771 AMOUNTS WITHHELD/RETAINED BY COMPANY FOR OTHERS 23,615,357 OTHER ASSETS 14,872,822 RETROACTIVE REINSURANCE RESERVE ASSUMED 1,511,674 POLICYHOLDER DIVIDENDS 6,462,513 PROVISION FOR REINSURANCE 3,970,484 ADVANCE PREMIUM 1,078,609 PAYABLE FOR SECURITIES LENDING 4,910,772 DERIVATIVES 112,003 CEDED REINSURANCE NET PREMIUMS PAYABLE (64,954,254) ESCHEAT LIABILITY 471,948 OTHER ACCRUED EXPENSES AND LIABILITIES 242.236 TOTAL LIABILITIES $ 2,265,740,367 CAPITAL STOCK $ 6,480,000 PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,441,436,327 TOTAL SURPLUS TO POLICYHOLDERS $ 1,881,720,088 TOTAL ASSETS $ 4,147,460454 TOTAL LIABILITIES&SURPLUS $_4,14_7,480 454 STATE OF CONNECTICUT ) COUNTY OF HARTFORD )SS. CITY OF HARTFORD ) MICHAEL J.DOODY,BEING DULY SWORN,SAYS THAT HE IS SECOND VICE PRESIDENT,OF TRAVELERS CASUALTYAND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF,THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANYAS OF THE 31ST DAY OF DECEMBER,2013. eze 1= SECOND VICE PRESIDENT --' SUBSCRIBED AND SWORN TO BEFORE ME THIS NOTARY PUBLIC 19TH DAY OF MARCH,2014 SUSAN M.WEISSLEDER No far),Public My Commission.Expires November 30,2017 tittatta+ fr FAi /V iv I r D Page 1 of 3 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Statement of Intent to Pay Prevailing Wage Document Received Date: Intent ID: Affidavit ID: Status: Approved On 8/4/2014 645591 8/5/2014__ Company Details Company Name: RAILWORKS TRACK SYSTEMS INC Address: ATTN: LEGAL DEPARTMENT NEW YORK, NY, 10001 Contractor Registration No. RAILWTS996BR WA UBI Number 601206904 Phone Number 212-502-7900 Industrial Insurance Account ID 57245301 Email Address dluond@railworks.com Filed By Track Systems, RailWorks Prime Contractor Company Name RAILWORKS TRACK SYSTEMS INC Contractor Registration No. RAILWTS996BR WA UBI Number 601206904 Phone Number 212-502-7900 Project Information Awarding Agency YELM' CITY OF PO BOX 479 YELM, WA - 98597 Awarding Agency Contact Ryan Johnstone Awarding Agency Contact Phone Number 360-458-8406 Contract Number Contract 2014 Project Name Brush Cutting It Weed Maintenance Contract Amount $25,760.00 Bid due date 7/16/2014 Award Date 7/28/2014 https:Hfortress.wa.gov/lni/wagelookup/IntentDetails.aspx 8/8/201 Page 2 of 3 Project Site Address or Directions 17143 Snowbell Ct SE Yelm, WA 98597- 9730 Payment Details Check Number: Transaction Id: 104432700 Intent Details Expected project start date: (MM-DD-YYYY) 8/13/2014 In what county (or counties) will the work be Thurston performed? In what city (or nearest city) will the work be Yelm performed? What is the estimated contract amount? OR is this a $25,760.00 time and materials estimate? Will this project utilize American Recovery and No Reinvestment Act (ARRA) funds? Specifically, will this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwise)? Does your company intend to hire ANY Yes subcontractors? Does your company intend to hire subcontractors to No perform ALL work? Will your company have employees perform work on Yes this project? Do you intend to use any apprentices? (Apprentices No are considered employees.) How many owner/operators performing work on the 0 project own 30% or more of the company? journey Level Wages County Trade Occupation Wage Fringe # Workers Thurston Power Equipment Operators Shovel, Excavator, Backhoes: $48.81 $5.23 1 Over 50 Metric Tons To 90 Metric, Tons Public Notes B Show/Hide Existing Notes tiN E D https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx 8/8/2014 Page 3 of 3 No note exists https:Hfortress.wa.gov/lni/wagelookup/IntentDetails.aspx 8/8/2014 Page 1 of 3 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Statement of Intent to Pay Prevailing Wage Document Received Date: Intent ID: Affidavit ID: Status: Approved On 8/4/2014 645591 8/5/2014 Company Details Company Name: RAILWORKS TRACK SYSTEMS INC Address: ATTN: LEGAL DEPARTMENT NEW YORK, NY, 10001 Contractor Registration No. RAILWTS996BR WA UBI Number 601206904 Phone Number 212-502-7900 Industrial Insurance Account ID 57245301 Email Address dluond@railworks.com Filed By Track Systems, RailWorks Prime Contractor Company Name RAILWORKS TRACK SYSTEMS INC Contractor Registration No. RAILWTS996BR WA UBI Number 601206904 Phone Number 212-502-7900 Project Information Awarding Agency YELM, CITY OF PO BOX 479 YELM, WA - 98597 Awarding Agency Contact Ryan Johnstone Awarding Agency Contact Phone Number 360-458-8406 Contract Number Contract 2014 Project Name Brush Cutting Ft Weed Maintenance Contract Amount $25,760.00 Bid due date 7/16/2014 Award Date 7/28/2014 https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx 8/8/2014 Page 2 of 3 Project Site Address or Directions 17143 Snowbell Ct SE Yelm, WA 98597- 9730 Payment Details Check Number: Transaction Id: 104432700 Intent Details Expected project start date: (MM-DD-YYYY) 8/13/2014 In what county (or counties) will the work be Thurston performed? In what city (or nearest city) will the work be Yelm performed? What is the estimated contract amount? OR is this a $25,760.00 time and materials estimate? Will this project utilize American Recovery and No Reinvestment Act (ARRA) funds? Specifically, will this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwise)? Does your company intend to hire ANY Yes subcontractors? Does your company intend to hire subcontractors to No perform ALL work? Will your company have employees perform work on Yes this project? Do you intend to use any apprentices? (Apprentices No are considered employees.) How many owner/operators performing work on the 0 project own 30% or more of the company? Journey Level Wages County Trade Occupation Wage Fringe Workers P Thurston Power Equipment Operators Shovel, Excavator, Backhoes: $48.81 $5.23 1 9 Over 50 Metric Tons To 90 Metric Tons Public Notes o Show/Hide Existing Notes https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx 8/8/2014 Page 3 of 3 No note exists https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx 8/8/2014