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Untitled (9) BERKSHIRE HATHAWAY INC. BNSF Investor Contact: Linda Hurt Berkshire Hathaway Contact: (817) 352-6452 Marc Hamburg 402-346-1400 BNSF Media Contact: John Ambler (817) 867-6407 BERKSHIRE HATHAWAY INC. TO ACQUIRE BURLINGTON NORTHERN SANTA FE CORPORATION (BNSF) FOR $100 PER SHARE IN CASH AND STOCK BNSF will continue to operate from its Fort Worth, TX headquarters and will become a wholly owned subsidiary of Berkshire Hathaway FORT WORTH, TX / OMAHA, NE — Nov. 3, 2009 —The boards of directors of Berkshire Hathaway Inc. (NYSE: BRK.A;BRK.B) and Burlington Northern Santa Fe Corporation (BNSF; NYSE: BNI) today announced a definitive agreement for Berkshire Hathaway to acquire for $100 per share in cash and stock the remaining 77.4 percent of outstanding BNI shares not currently owned to increase its holdings to 100 percent. Based on the number of outstanding BNI shares (including shares currently owned by Berkshire) on Nov. 2, 2009, the transaction is valued at approximately $44 billion, including $10 billion of outstanding BNSF debt, making it the largest acquisition in Berkshire Hathaway history. "Our country's future prosperity depends on its having an efficient and well-maintained rail system," said Warren E. Buffett, Berkshire Hathaway chairman and chief executive officer. "Conversely, America must grow and prosper for railroads to do well. Berkshire's $34 billion investment in BNSF is a huge bet on that company, CEO Matt Rose and his team, and the railroad industry. "Most important of all, however, it's an all-in wager on the economic future of the United States," said Mr. Buffett. "I love these bets.." "We are thrilled to have the opportunity to become a part of the Berkshire Hathaway family," said Matthew K. Rose, Burlington Northern Santa Fe chairman, president and chief executive officer. "We admire Warren's leadership philosophy supporting long-term investment that will allow BNSF to focus on future needs of our railroad, our customers and the U.S. transportation,infrastructure. This transaction offers compelling value to our shareholders and is in the best interests of all of our constituents including our customers and employees." - More - - 2 - Terms of the Transaction The definitive agreement provides that each share of BNI common stock will at the election of the shareholder be converted into the right to receive either (i) a cash payment of $100.00 or (ii) a variable number of shares of Berkshire Hathaway Class A or Class B common stock, subject to proration if the elections do not equal approximately 60 percent in cash and 40 percent in stock. The stock component of the consideration is subject to a "collar" whereby the value of each Berkshire Hathaway share received is fixed at $100.00 if the price of Berkshire Hathaway Class A stock at closing is between approximately $80,000.00 and approximately $125,000.00 per share. If the value of Berkshire Hathaway Class A stock is outside of this collar range at closing, then the number of shares received of Berkshire Hathaway Class A stock will be fixed at either 0.001253489 per BNI share for values below the collar range, or 0.000802233 per BNI share for values above the collar range. The shareholder may receive Class A or, in lieu of fractional Class A shares, equivalent economic value of Class B Berkshire Hathaway shares, subject to certain limitations as described in the definitive agreement. The transaction requires approval by holders of two-thirds of BNI's outstanding shares (other than shares held by Berkshire Hathaway), and customary closing conditions, including Department of Justice review. Closing is expected to occur during the first quarter of 2010. BNSF Railway Company will continue to focus on providing outstanding service to its customers from its Fort Worth, TX, headquarters. Included in the transaction are all assets and subsidiaries of BNSF. Goldman, Sachs & Co. and Evercore Partners, Inc. acted as financial advisors to BNSF and the company's legal counsel is Cravath Swaine & Moore LLP. Berkshire Hathaway's transaction counsel is Munger, Tolles & Olson LLP. At 8:30 a.m. eastern, BNSF executive management will conduct a briefing for investors and other interested parties. The briefing will be Web cast and available via the investor relations section of www.bnsf.com. The call in number is (800) 398-9367 and the replay number is (USA) (800) 475-6701, (International) (320) 365-3844, and access code 122409. The briefing will not include a question and answer session. BNSF is a holding company and through its principal operating subsidiary, BNSF Railway Company, BNSF owns and manages one of the largest railroad systems in North America. Berkshire Hathaway Inc. is a holding company owning ,subsidiaries engaged in a number of diverse business activities including property and casualty insurance and reinsurance, utilities and energy, manufacturing, retailing and services. . . - More— 3 - Forward-Looking Statements Statements contained herein concerning projections or expectations of financial or operational performance or economic outlook, or concerning other future events or results, or which refer to matters which are not historical facts, are "forward-looking statements" within the meaning of the federal securities laws. Similarly, statements that describe BNSF's or Berkshire Hathaway's objectives, expectations, plans or goals are forward-looking statements. Forward-looking statements. include, without limitation, BNSF's or Berkshire Hathaway's expectations concerning the marketing outlook for their businesses, productivity, plans and goals for future operational improvements and capital investments, operational performance, future market conditions or economic performance and developments in the capital and credit markets and expected future financial performance. Forward-looking statements also include statements regarding the expected benefits of the proposed acquisition of BNSF by Berkshire Hathaway. Forward-looking statements involve a number of risks and uncertainties, and actual results or events may differ materially from those projected or implied in those statements. Important factors that could cause such differences include, but are not limited to: adverse changes in economic or industry conditions, both in the United States and globally; continuing volatility in the capital or credit markets and other changes in the securities and capital markets; changes affecting customers or suppliers; competition and consolidation in the industries in which BNSF and Berkshire Hathaway compete; labor costs and labor difficulties; developments and changes in laws and regulations; developments in and losses resulting from claims and litigation; natural events such as severe weather, fires, floods and earthquakes or acts of terrorism; changes in operating conditions and costs; and the extent of BNSF's or Berkshire Hathaway's ability to achieve their operational and financial goals and initiatives. In addition, the acquisition of BNSF by Berkshire Hathaway is subject to the satisfaction of the conditions to the completion of the acquisition and the absence of events that could give rise to the termination of the merger agreement for the acquisition, and the possibility that the acquisition does not close, and risks that the proposed acquisition disrupts current plans and operations and business relationships, or poses difficulties in employee retention. We caution against placing undue reliance on forward-looking statements, which reflect our current beliefs and are based on information currently available to us as of the date a forward-looking statement is made. We undertake no obligation to revise forward- looking statements to reflect future events, changes in circumstances, or changes in beliefs. In the event that we do update any forward-looking statements, no inference should be made that we will make additional updates with respect to that statement, related matters, or any other forward-looking statements. Any corrections or revisions and other important assumptions and factors that could cause actual results to differ materially from our forward-looking statements, including discussions of significant risk - More - factors, may appear in BNSF's or Berkshire Hathaway's public filings with the Securities and Exchange Commission (the "SEC"), which are accessible at www.sec.gov, and which you are advised to consult. Additional Information In connection with the proposed transaction, Berkshire Hathaway will file with the SEC a registration statement that will include a proxy statement of BNSF that also constitutes a prospectus of Berkshire Hathaway relating to the proposed transaction. Investors are urged to read the registration statement and proxy statement/prospectus and any other relevant documents filed with the SEC when they become available, because they will contain important information about BNSF, Berkshire Hathaway and the proposed transaction. The registration statement and proxy statement/prospectus and other documents relating to the proposed transaction (when they are available) can be obtained free of charge from the SEC's website at www.sec.gov, Berkshire Hathaway's website at www.berkshirehathaway.com and BNSF's website at www.bnsf.com. In addition, these documents (when they are available) can also be obtained free of charge from Berkshire Hathaway upon written request to Corporate Secretary or by calling (402) 346-1400, or from BNSF upon written request to Linda Hurt or John Ambler or by calling (817) 352-6452 or (817) 867-6407. BNSF, Berkshire Hathaway and certain of their respective directors and executive officers may be deemed to be participants in the solicitation of proxies from shareholders in connection with the proposed transaction under the rules of the SEC. Information regarding the directors and executive officers of BNSF may be found in its 2008 Annual Report on Form 10-K filed with the SEC on February 13, 2009 and in its definitive proxy statement relating to its 2009 Annual Meeting of Shareholders filed with the SEC on March 16, 2009. Information regarding the directors and executive officers of Berkshire Hathaway may be found in its 2008 Annual Report on Form 10-K filed with the.SEC on March 2, 2009 and in its definitive proxy statement relating to its 2009 Annual Meeting of Shareholders filed with the SEC on March 13, 2009. These documents can be obtained free of charge from the sources indicated above. Additional information regarding the interests of these participants will also be included in the registration statement and proxy statement/prospectus regarding the proposed transaction when it is filed with the SEC. March 20, 2006` i Business Examiner age 10 BACK ON TRACK s -� in at full capacity ail s stem running 'tate s r Y Port of Shelton (MARK LAWTON $2.million to $3 million in every two-year mane sea�nteresof taThere are ches, have allenges; At Port of Shelton,a group of investors -siness Examiner Staff budget cycle into freight rail programs. In express ading ed last year to ruct ashington s rail system is the 2005 session,the Legislature decided it though.Yelm may be too small bhealready station for wood products. Known as Red aWpproaching capacity,says Bar- was time to step it up a notch.First,it fund- five to BNSF. Tacoma i another option. Dog'Reload, the operation transfers lum- bara Ivanov, head of Washing- ed the Washington Transportation Commis- r through Ta omanearby�lZai1 in Roy has the ber onto trains. �n State Department of Transportation's sur pol look d at afreight issuesbout atane s role in potet up ntial al to be more business;friendly,says "We felt there was a need for a rail han- Ireight Rail office. Shelly Badger,Yehn City administrator. _, dung service for the forest products industry. "Twenty years and further back, there private rail infrastructure. But Yebn's 4:5-mile Prairie Line is about in the area," says'Phil Johnson, one of the vas excess.capacity on systems that were The Legislature also kicked in$25-mil- the two would cost $1:5 million, Red Dog Reload opened in September t 100 ears ago," says Ivanov."As lion for passenger and freight rail projects, a half mile away from Tacoma Rail. Con investors and CEO of MC Forest Products. Milt out y iur volumes increase,we're getting closer which share rail lines.One such project in ne g. serves capacity limits." Southwest Washington includes a spur to money the city.has sought since 2003. and o,Welco f and Washington Alder.omers: MC Forest, ,o p Y The federal government gets some of serve the Cardinal Glass Plant under con= Port of Chehalis to its opening, companies had to transfer he credit for the local increase. In the structron m Wenlock.The$800,000 project; Centralia or 1980s, Congress passed the cutive direr Stagger Act, which will connect the plant to the BNSF J im n h Chehalis,ttacek he needs.The'' Chehalis.tor their du cts to Tacoma, ets they which deregulated the industry. Competi- mainline,is almost complete. used rail Another project is the rehabilitation of a question,is.whether his tenancr can m�0� would b unabt allows le too by truck,'.'sto reach ayskJohnson 1 tion from the trucking industry ca - a companies to focus on lines where they Tacoma Rail line that runs_from Fredrick- to use it.The_port owns 30 � could make money and shed lines that son to Morton..The line moves wood prod7. trial zoned land near Curtis, seven miles ite has a 10-milePort of Olympia ' profitable.The South Puget Sound , ucts from Morton to the Port of Tacoma west of th Literstate.p aped from Chehalis Port of Olympia is expanding its dock weren t p rail line P is seeing an increase in container shipping and rock from a Fredrickson-quarry.- the po dtr_ Other rail projects include: Western rail Howwer, .when. the track. side rail service. Last summer, from the ports of Seattle and Tacoma, reaches Chehalis,it connects to a one-mile won a federal grant of$2 million for the ven by merchandise arriving from South- : 2 6 million second phase of its project, east Asia, particularly China, which has Yelm piece of track.owned by Tacoma>Rari $ assembly point. In 1998, -In 2000, the-City. of Yelm purchased';a ``°Phey dont,use the line,but it's hard for which will include changes and become a world Y P us to. be competitive The idea is to load logs,.aluminum and 482 trains left the Port of Tacoma to be 4:5-mile section of the Burlington Northern across ma knew says Rothlin "What hen we have-to go safety imp shipped east along the three Burlington Santa Fe line that runs from F track to Roy, puts us out of being competitive." garnet from ship to train and skip the., Northern Santa-Fe corridors.By 2005,that where it connects with the BNSF track that they charge p intermediate sa runs north to Tacoma and south to Lewis The port would like to gain control or and moved to 14th Street,transferred to Taco- ; number had increased to 1,255 trains,says Mike Rowswell,Freight Rail Service manag- County. The track runs to 300 acres of piece of track State Sen.Dan w , er.at WSDOT's Freight Strategy and Policy industrial-zoned property and the City Rep.Gary Alexander tried to pass an adden- ma Rail and then again to the BNSF roam- hopes to attract rail-dependent businesses dum to the state transportation budget that line,which runs north and south through Office.Increased shipping to the ports has P businesses, would transfer ownership to the port,but it Western Washington•The project is sched- caught the attention of the political world. to locate nearby.A few existing uled to be completed in 2007. m For many year's,the state invested between including a sand-and-gravel operator and a did not pass this session. w h � � ® !� � HC�tage$arik Customers. Paid Obituaries - The Olympian- Olympia, Washington Page 1 of 1 Ray Kim Allred Ray Kim Allred, born February 4, 1956 in Lancaster, un California, passed away unexpectedly on April 16, 2005. He was a resident of Lacey,Washington. Beloved son of Eva and Howard Allred of ,g Sacramento,California,and dear brother of Roland Allred of Castro N,`+ Valley,California, he was preceded in death by his sister,Grace Allred- ; Thornton. Ray received a football scholarship to Idaho State University and was honored in 1977 as a First Team All-American pick. In 2003 Ray was inducted into the Sports Hall of Fame at Idaho State University. In 1980 Ray graduated from the Alameda County Sheriffs Academy and went to work for Southern Pacific Railroad as a railroad police officer and detective. In 1985 he transferred to their corporate office in San Francisco and worked as a freight analyst while earning his Master's of Business Administration degree at Golden Gate University. Ray had been a strong advocate for railroads most of his adult life. In 1995 he joined the Washington State Department of Transportation Rail Office. He was the lead expert on freight rail projects and an important voice on statewide freight policy issues. In addition, he was instrumental in the development of the nationally-known Washington State Grain Train Program. Ray joined the Washington Association of Rail Passengers and remained active in the group until the time of his death. He was also a member of the Sierra Club,the Mountaineers,and the Nature Conservancy.A memorial will be held from 10:00 a.m. to 1:30 p.m. on Saturday,April 30, 2005,at the Westminster Presbyterian Church, 1925 Boulevard Road S.E.,Olympia,Washington. Memorial donations may be made to the Nature Conservancy,4245 North Fairfax Drive,Suite 100, Arlington,Virginia, 22203,Attention: Treasury. Reference should be made to"Donation In Memory of Ray Allred of Lacey,Washington." Memorial donations to the Nature Conservancy can also be made at 1- 800-628-6860. http://www.theolympian.com/home/news/20050426/paidobituaries/ 4/26/2005 'Northwest-The Olympian Page 1 of 2 Tuesday, January 11, 2005 Northwest ©2004 The Olympian Agencies will keep eye on aquifer JOHN K. WILEY THE ASSOCIATED PRESS SPOKANE -- Agencies that distribute and test water in Washii state have formed a network to keep tabs on a wastewater spill at a northern Idaho train refueling depot. A leak at a Burlington Northern and Santa Fe Co. refueling station near Hauser, Idaho, was found Dec. 10. The Idaho Department of Environmental Quality said small amounts of petroleum-laced wastewater made their way Rathdrum Prairie-Spokane Aquifer, the sole source of drinking water for 400,000 people in northern Idaho and north Washington. Results of preliminary tests indicate no immediate threat to drinking water, health officials in both states said Monda Cities and towns in Washington are considering additional testing as a precaution, Dr. Kim Thorburn, Spokane Regioi Health District health officer, said Monday. Representatives of the Washington state health and ecology departments, the regional health district, Spokane city z county and water districts met last week and vowed to push for more scrutiny of potential sources of contamination, Thorburn said. "As our sole source of drinking water, the Rathdrum-Spokane Aquifer is precious and vulnerable," Thorburn said in a release. "This leak reminds each of us that we must be careful with the storage, handling and disposal of chemicals E other contaminants above the aquifer." The chemical components of diesel fuel found in one of six monitoring wells near the refueling facility would violate c Washington standards that Idaho does not have, said Geoff Harvey of the Idaho DEQ. When the $42 million refueling depot was completed last fall, railroad officials called it one of the safest in the nation although the ground under the refueling "pad" is lined with impermeable material, the 8-inch plastic transfer pipes it to carry wastewater to nearby holding tanks are not. It is not known how long the pipes have leaked, or how much has spilled. Results of a BNSF investigation are expect, before the end of the month, Harvey said. The railroad might be required to dig up soil under the broken pipes to ensure the contamination does not continue t threaten the aquifer, Harvey said. BNSF has apologized for the spill and said it would take measures to ensure another won't happen. BNSF spokesman Gus Melonas said the company would soon be submitting a report to the Idaho environmental qual department on what's been done since the spill was discovered. The next step, Melonas said, will be to complete "a remediation and correction plan which ensures environmental protection." Because water moves slowly in the aquifer, Washington officials have the luxury of time as they monitor the situatiol Idaho and make plans for protecting their water supplies, Thorburn said. "We feel like we opened a good channel of communication with the Idaho DEQ," Thorburn said. "We're workinq very http://www.theolympian.com/home/news/20050111/northwest/66707 Printer.shtml 1/11/2005 Lacey Today -The Olympian Page 1 of 4 Make TheOlympian.com my home page LaceyToday -Lacey, Washington Wednesday, July 14th, Current Temp C Forecast 71 S M T W T F S O Archive (2001-Present) • - - - s•. �• 3104 • • r - • ••• - - _� • LacevToday Thursday,July 8,2004 PARKS Plan to turn rail to trail advances CHRISTIAN HILL LACEY TODAY �-'Email this story Printable version '� Subscribe Today Lacey Olympia andare close to }.. :� r.._ securing a stretch of railroad that eventually will be transformed into a public trail, Laceys city attorney said. The Burlington Northern and , Sante Fe Railroad Co. received federal approval to abandon the B t t� PP Toni L. Bailey/Lacey Today track and now is in the final Lacey and Olympia are closing in on securing a railroad that stages of negotiations to transfer runs through both cities that they intend to turn into a trail. ownership.of the 31/2-mile The Coffee Bean Espresso Stand, which is right next to the corridor to the two cities. railroad tracks in Lacey, stands to benefit from the trail, which could increase foot traffic near the business. "Every indication I get is they are in agreement with our proposal," said Lacey City Attorney Ken Ahlf,who's leading the negotiations for the cities. He said 4N the deal could be final within 90 days. Once a deal with Burlington , Northern is reached, the cities will pursue grant funding to pave the •; trail starting next year, said Jared —W Burbidge the city management analyst working on the project. F' L ;`r � 5V The railroad will remove the f `� � y tracks and ties but must leave any d bridges or trestles. Toni L. Bailey/Lacey Today The Coffee Bean Espresso barista KristeIi3IjqaMffiI a drink for A design could include such a customer Friday in Lacey. features as restrooms, kiosks and a trailhead. Construction could begin as early as 2006 if the city rapidly secures the needed grant funding, Burbidge said. http://www.theolympian.com/home/news/20040708/laceytoday/91329.shtml 7/14/2004 Lacey Today -The Olympian Page 2 of 4 That's great news for the Coffee The cities ara close to w© tHl r f Bean espresso stand, situated feet buying,a section of rail tNlhSu3k line:running ... from here . f�„ ci;rr away from the railroad across H �r Y7777 ' Pacific Avenue from the Lace y -•. �: be ye"a �::, , Fire District No. 3 headquarters. �`" '" �' -' _ 'f,.:.,.. I„ �:a � : ..te here „ �T f slomrn Once construction is completed, the stand would be in an ideal location to sell mocha freezers to p7 thirsty bicyclists and pedestrians during their treks. "We would love it," said Tasha Strench, stand manager. The bigger picture That would also be cause for celebration for area walkers and bicyclists by providing a piece of an east-west version of the Chehalis Western Trail that could one day run into Tumwater. The two trails also would connect. The railroad,part of the St. Clair line, roughly runs from Fones Road in Olympia to Union Mills Road east of Lacey. From there, Weyerhaeuser still uses the spur to St. Clair Junction, where it connects with the Burlington Northern main line. But the cities'acquisition could be temporary.They are negotiating the deal with the understanding the trail could one day revert back to a railroad use, and the state Department of Transportation is eyeing the line for future commuter rail. The abandonment took effect May 24, and the federal Surface Transportation Board,which has authority over such issues, has set a deadline of Nov. 22 for an agreement for the corridor to revert to public use. Otherwise, the property would revert back to its original owners. Burlington Northern owns only a section of the line south of Saint Martin's College but secured easements from property owners to operate the rest of the line. Lacey has paid $410,279.to guarantee a grant of about$800,000. The grant would help pay for the portion of the acquisition resting within Lacey city limits. The deal would revert the easements to the city,which then is financially responsible for the property, in a process known as "rail banking." Two years ago, Georgia-Pacific Corp., the sole customer of that section of railroad, reached agreement with the city not to contest the pending abandonment. Making connections The railroad would be a piece of a much longer trail that first would stretch into downtown Olympia. In 1987, Burlington Northern abandoned the stretch of railroad from Fones Road to Eastside Drive near downtown. http://www.theolympian.com/home/news/20040708/laceytoday/91329.shtml 7/14/2004 Lacey Today -The Olympian Page 3 of 4 Olympia city officials spent years acquiring the property on the trail, which would link to the newly acquired corridor. In several cases they used "eminent domain" -- a government's ability to take private property for public use. The Olympia Woodland Greenway Trail Association raised funds so the city could secure a state grant to pay for the property. The association, along with volunteers and parks staff, then cleared brush, filled in low spots and poured gravel to create an interim trail. The city of Olympia now is trying to secure a grant to pave that stretch of trail. A long-term master plan calls for the trail to run west from Eastside Street along Interstate 5, cross Capitol Lake and end at Tumwater Historical Park. When all is said and done, the entire trail could stretch from Tumwater to east of Lacey. "It is really more than our little project," said John Deviny, association president. "We support all of our non-motorized trails and outdoor experiences." Future commuter rail Rail banking ensures lines are maintained until the time they're needed again. That time eventually could arise for the line, according to a Department of Transportation study in 2000 that examined the expansion of rail services in South Sound. One option the study explored was using the Burlington Northern line for commuter rail into Olympia using freight lines. But the study concluded the cost was too great because much of the track structure had been removed. A less costly option would be to run trains from a commuter station located between Ruddell and Carpenter roads,which would carry passengers into Lakewood and Tacoma. But with an estimated capital cost of$43.2 million-- $85 million for expanded service -- the study recommended that "this alternative be studied in more detail for long-term needs." "Growth in the Olympia-Lacey-Tumwater area will inevitably create the need for commuter service," it concluded, "and the continued existence of the Saint Clair line will play an important part at that time." Lacey link In the meantime, officials work to connect every urban and rural community and Puget Sound to the Chehalis Western Trail,which routes 100,000 visitors a year. The last piece of that project in Lacey is to bridge a gap in the trail from Pacific Avenue to Martin Way that could take riders as far north as Woodard Bay. City officials said the new trail would enhance that effort by funneling residents into the city's http://www.theolympian.com/home/news/20040708/laceytoday/91329.shtml 7/14/2004 Lacey Today -The Olympian Page 4 of 4 commercial core and give residents a viable transportation alternative. "When you see the big picture, it's pretty exciting," Burbidge said. Christian Hill covers the city of Lacey and the military for The Olympian. He can be reached at 360-754-5427 or at chhill(@olvmp.Lq.gannett.com. See RAIL, Page 3 Return to homepage 02004 The Olympian, 111 Bethel Street NE, Olympia,Washington 98506, 360- 754-5400. tie erPnP Use of this site signifies your agreement to the terms of service. (GF �..` its�''_C� wNaRn,..,.,:,a.; fi�L�K Thurston Cot home Rag http://www.theolympian.com/home/news/20040708/laceytoday/91329.shtml 7/14/2004 Page 1 of 1 Shelly Badger From: "Shelly Badger" <shelly@yelmtel.com> To: "George Walter" <gwalter@nwifc.org> Cc: "Tim Peterson" <tpeterson@ywave.com> Sent: Friday, September 19, 2003 3:55 PM Subject: Wk on Murray Creek George, I had Tim Peterson, our Public Works Director, go check out the work being done on Murray Creek. He spoke with someone from Miles Sand& Gravel and they stated that the work had been requested by the Department of Fisheries through a conservation corps. They are removing pieces of the old archway to creat a better passage for the fish to come up the creek. There is no damage being done to the new trestle. Thanks and have a great weekend. Shelly P.S. E-mail me back so I know you received this as I know your e-mail has been tempermental. Shelly Badger Yelm City Administrator P.O. Box 479, Yelm, WA 98597 360-458-8405 shelly@_yelmtel.com 9/19/2003 Page 4s Business Examiner`' July 21,2003 4 C&A A candid conversation with Joe Williams, president of Williams Group JceWillidrrts,president oftheWilliams ;f Burlington Northern agreed not to Group, a venture capital business scrap the line.They were very helpful that was involved in the development and open and honest with us.It took of Prairie Park Hotel and Yelm Cinemas _ five or six years,but we created a con- among other projects,has been a Yelm resi- sortium with the City of Roy in Pierce dent since 1984.Co-founder and chairman County- the Burlington Northern line of W3Net,a'developer of software in Yelm. R takes up a huge part of the center of •'j their city. Williams was recognized earlier this year t with the Leadership Thurston County's Dis- t t v I personally promised the city coun- tinguished Leadership Award for his efforts t oilmen that the Rail Advisory Commit- to secure and develop a spur of railroad line ?i 9 tee would do everything they could over for the City ofYelm through its RailAdviso- `� ,why the long term to return to the City of ry Committee.Williams,who also has been _ Roy the center of their city.That's some- active as a leader for Boy Scouts ofAmerica thing we've always kept sight of in the Pacific Harbor Council and recently, a:. _ ^ - _t What was your role in helping '�> a+ '�'7 was named the 2003 President's Award- winner _ the City of Yelm.procure the spur? winner by Yelm Coin-Area Chamber of Coin- r - '« I got the ball rolling, and tried to merce.Here,he discusses his vision to fur- t # keep it rolling, but with the people ther stimulate Yelm's economy by develop- involved,that's not necessarily a hard ing the spur. Joe Williams stands in front of the successful theater that he was told would not work in Yelm job. The Yelm Chamber of Commerce was hugely behind the effort,as well as The City of Yelm is seeking a former Yelm Mayor Kathy Wolf short-line operator for its 4.55-mile A lot of people have had a hand in ' 1 and Ldmifidti '14 rail line that runs from Yelm to Roy. that success. MThe city acquired the spur in 2000 It's easy to keep people enthused.It's from Burlington Northern for such a no-brainer to keep the corridor * $300,000. How did you first get open.Ultimately,wed like it to be able involved in Yehn's efforts to acquire to reach Tacoma and ultimately Seattle Graphic the rail spur? on light rail. It started back in 1995. It was a That makes a lot of sense to people. t rumor that started it. It was a pretty easy sale. I was upset after we had lost that Hopefully,that chemistry will contin- rail line between Rainier and Yelm. ue.We have a letter out now opening Save these dates! Then I heard that Burlington Northern negotiations on the balance of the line s H yr t F y ut y was panning a deal to do the same thing from Roy to Lakewood. With that in r ,� y�j ``5 � t between Roy and Yelm,that it was to mind,we're trying to safeguard Roy and yt� rStaiT1OL1 jl°.f tET pTQudly,pX' GI1 S- ° rr become part of a land bank for the fed- Yelm to keep that line open potentially oral Rails to Trails program. for freight.That's a business that pays ®ur 200 ' 00 F�Seas�n OneWgrld M�; 1ces � t .v^h� � .��.�,�, r, z. �, ,, r ..*r� ,�� ,.,�:t�, , Once it went to Rails and Trails,we most of the bills. aUECO1TI' 3 aT�Of 1t t0t.�ay� ' x ktl would be basically done with rail ser- What makes rail so important to vices unless,there is a World War III.So Yelm? se tember 2003 ' i i Februa y 11 "k I called a meeting to sae what we could 20�Mark Morns Dance Group ;� br„$ettlg Sy��honys.,�'.� '«,#, do. See Industrial,Page 23 October15a^td Gaer}er`tn,ppn P` '. 7 The Mystid4dA is of Tibet # 21k $ pen$chwariz&Fnenda t 15 `The Claremontlrto t-,r vlolm ,e i'std 11 - 25 Songsfrmn Mamas lablt, feature g 5�+gTbe cad!�n CoMee4�q fGdtartn8 -,, What s going on.at home? LindaT,tllerysHerlog CulrumlG6air$,1Gtka 1i«.r�'�t ThT pry o4cet)ilo&Vls"htea� 1Vaveuiber ,, '10 l ' Go to www.chuckals.com and-see! 14 George Winston A S to Plano Conc rt i 1 s Rrc6�ard Goole ptauo t, 19 Yaselly Prunakov piano+ ,` z7'Newport)az�iFesaval s ww,, Find out what is going on this 29 �Sln A Lon Wtrard of Oz SOih`Annivasar 7aur �''a �1{i��'/a♦aQ•dlg g g t g g,. y and EYonts week in YOUR community! December Aprtl 3 Kau Me Kare }- x 2 ChildSen of Uganda S Alasoa Brown'and Fncnds A W,inrers Eve,� 4 e xThe Musrc Ma , ��.. �We dee NLi'W prodUCtS featlyred and 22 AGhl was Cnro! + tts13 olio Baca&Baltet entina anuary zonKarly Maztea+ Jtheir description weekly! a ao , 1T-,Kate Cljnton'{ �"..: May,_.;' 31 Dtannc Reeves jou.irggar'w i, 20&21,RENT v Purchase[trcketsiar�Wand you arca Season SubsrnherJ }A� ML Know what FREE sample you yi t / missed out on last week! We offe,dtsounts!on Groin Sales"'Order.,erlfog bes"" euts � J ,. THE WASHIV , GTON CENTER �,� . •—g Learn what your local {A7f�MJ��/Cf Not-for-Profit agencies are doing! 'FOR THE -OR NG ARTS What's going on in YOUR business?We want to know! Submit Community News thru Aug.31,2003,and receive a FREE$5.00 Gift Certificate to Chuckals Office Products! Call tile (Z� • (36 0) 1 Go www.chuckals.com and click on Community News for further information! ChNa 8 �hQ Order t I I One Gift Certificate per person!per company during this promofion! OwFICDRgDCTwi� 7ul 21 2033 Business Examiner Page 23 PROGRESS 2003 - LACEY Industrial property with rail access is becoming hard to find continued from page 4 . eight hours.If Miles was able to ship by hotel business, and it all pays divi- 'There are only three rail,it would pull 100 trucks a day off of dends. Traffic congestion out here is terri- Highway 507. So they are happily I don't think you'd find a nicer cine- ble.Part of what the future will bring ie or four places in the behind the effort.They are on the Rail ma than ours in South Puget Sound.We light rail.That line will terminate with- COUn where OU' Advisory Committee,as is Wilcox. have the only theater where you can in a half a block of the Sounder light Y What is your overall economic have both Pepsi and Coke.And you have rail in Lakewood. have really good rail outlook for Yelm and for you doing real butter.You can refill your Coke and I think the other thing that is such a fI lLbusiness in Yelm personally? Pepsis by yourself. The floors aren't good fit is that the industrial property. It's the fastest-growing city in sticky,and the theater's clean between zone with rail access is an amenity industrially zoned Thurston County,and the fifth-fastest shows. that's becoming harder and harder to growing in the state. People from all over have told us we find.There are only three or four places propertyr We really enjoy operating in the City are crazy to build a hotel in Yelm.Well, in the county where you have really of Yelm.Within seven miles of where we it's been a really good business. . good rail fitting in with industrially are located, there are 47,600 people, People said we were going to go broke zoned property. We have been sitting.on it.We have even though there may be only 2,700 building a theater in Yelm, and that Quite frankly,we don't want just any been waiting for Burlington Northern people within the city limits. also turned out to be a good deal. businesses there. We're very picky and have been negotiating a service We love being a bedroom community. They also told us we'd never get a about who we cater to,and we want it to agreement not executed yet with Taco- We have a nice city,a nice quality of life deal with Yelm Timberland Library be a long-term relationship and want ma Rail. and measured intentional planning and because they've never leased property them to participate in the community. Yelm doesn't have any desire to oper- growth. before.Now,of course,that's done. We have 130 acres that are zoned ate the Ydil line. We also cheer on Lacey and Tumwa- Everybody also told me I was crazy, industrial,and the rail goes from there Why not? ter and Olympia.We like being part of that we could never afford to buy a Yelm to First and the Highway 507 intersec- There's a significant amount of that growth,too. rail line between here and Roy.I kind of tion,right in the center of town.Some of expertise involved.We find Tacoma Rail Your state-of-the-art stadium look at it as a challenge to look at some- that is designated a Foreign Trade ultimately well suited to go between the theater,Yehn Cinemas,is the only thing that can't be done and you try to Zone, cities of Yelm and Roy and the Burling- one of its kind right now in go out and do it. I have plane to make connections ton Northern Railroad. Thurston County, but other pro- Is that your definition of good with this line viable and connected not Who are some potential users of jects are in the works_in Olympia leadership? only to Yelm and Tacoma but Centralia the line? and nearby Lewis County.Do you In my experience,a good leader takes also within three years. Wilcox Farms delivers grain into the see those planned theaters cutting you to a place where your constituency. I don't normally miss my timelines, City of Roy.And in the future,we could into your business? knows you need to go before you need to quite frankly. have Miles Sand and Gravel—they've You develop a loyal following and be there.A good leader communicates What has been done with the rail really struggled to get loads of aggre- customer base.We try very hard to have that vision in such•a way that they re spur since its purchase? gate(gravel)between Roy and Kent in friendly people.at the cinema and the pulling with you to get there. 13 Hlaximize Kth effectiveness'of:your td a, h a There areSIT19 several methods of modern. , marketing that when infused into your w company's website:produce MORE µ RESULTS; MORE INQUIRIES, ` MORE CLIENTS °MORE PROFIT. ."We 11 . make your .PH0$X '.RING � -GU 1D i " 31217 Pacific Hwy So#140 Federal Way,WA 98003 253.537.6877 206.686.1044 Federal Way Seattle Kent Auburn Tacoma' Puyallup- www.adstarweb.com $�8.' -WVla Itions director,r ad the {P )f•questions , :.. a month of t of the- n=that,. Ig of W8Sa J;'r' f i utry :.: Gy,ei far) si ;i LUI:KIT,WONQ THENEWS;TRIBUNE 1:. r raping a Twerityfour Tacoma.Fre Department recruits"'are among,d group of Tacoma firefighters who'took part ln,a house-burning exercise' ednesda off,PacifcAvenue.in Il-known to an Tacoma Two.houses donated by Sam Disf�u were used for.. a trainin Recruits be an a earion p rch.. Y. ander her: g y qn . > ba y on did not' r . a CorpuZ to'. T . into , was • �tal Brame; Deal n act on an . o B. on ., ra kc co enefi t Sounder eks.before.the Brame Was • k.because of Sound Transit; (�OmmUter $27;.million for access to 21 miles of' they'll work°"ut the details of the 97.yeaic : be completed by 2006,with up to nine top deputy k ' ` :.{•BNSF ,•rack fiotn:, Tacoma 'to the agreement within three to.four months: round trips from Lakewood to Tacoma to is-his hand"to r rail:corridor from Everett Nisqually,delta north of Olympia: Sound Transi also.will use that time.tq Seattle, ` ;The:;agreement alsd ;would; permit, � decide whether swillbuy or lease the':Z1 Lakewood Mayor Bill Harrison said. tick'from this r t0 NrsquRlly COUld Open up ;` r Sound hansrt tq begin a'limited'Sounder mile railway track'froinTacoma to'North he's pleased with the preliminary agree-' nness is not `commuter rail Service'fr�oiit Seattle to:, Thurston County balled,the Lakeview . ment.Lakewood officials have long wait- stead.' ;, BY CEoiva NGUYEN Everett chis year,:$ounc rausit,,,which., subdivision,"said Geoff:Patrick,a Sound ed for Sounder service,Harrison said,be; and chief The News Tnbuner. wih;p4y.BNSF$224 million fgr=t a Seat .' ``1"iausit spokesman lieving that the transit station would spur. izabeth Pauli tle to Everett railway access,will start The':additional 'track could allow: .. economic° development,along:Pacific were still `A proposed deal between Sound Tran ,"with one.dailyrtrain andrprogress up to r` Sound;Transit to extend commuter;rai Highway Southwest ah4 into downtown sit and Burlington Northern Santa fe four round trips unti121t10 'i services to DuPont=or farther.south;into Lakewood.• ys to hear :could lead to more commuter rail.ser "Zt's •:'very exciting,,step and a key ; Thurston County,Mipkoffsaid The 21: Sound Transit official first anticipated or 20 minutes vices in the South Sound. milestone;" said' Matin IVlinkoff, mile railway,also would 'allow Sound completing the Lakewood station by late Imes Walton Sound 'Transit., officials .announced,' Sounder Commuter rail director "We're Transit to move forward with plans td 2001.Last year,officials pushed the pro-' have directed Wednesday they reached a tentative . excited about the service'we'll beable to i build a Lakewood station;he added ject back to late 2003. and ' agreement with BNSF that would,allow provide torthe no th and the south" Minkoff said he'll soon ask the Sound "We're disappointed that it hasn't hap- )wn and commuter trains to expand their use of Currently, Sound Transit runs com +.Transit Board to approve the`:construc= pened before now,"Harrison said."Per itions that the privately owned railway's tracks. muter trains on three round trips daily,' tion of a one=mile%'ailway that would link- .sonally,.I'm frustrated that it's taken so 9y now work The arrangement, which has taken on ]3NSF tracks�between`Tacoma and the Tacoma 1Jome Station to the Lake long.But as an official,I've got great con ,about three years to negotiate,includes: Seattle. view subdivision:Mink estimates that " didn't help an,option for Sound Transit to spend SoundTransit.and BNSF officials said the$26,million.Lakewood station could Please see Sounder,back page enkinson to .ve.legalistic ; ens to have ' being a S at M short su 1 locally' '; by the mayor N11 aCCuse O Son �p Y R Y . ,mantical , .ty 3ibih of . . • for Dcr` . , :began as an .�• folks about rain c ar ed In earlier assault F on by the chiefs ' Y LES BLUMENTH a nation's ki 9 } B. AL; residents of the capital should to an The News Tribune . stop complaining:"Hey;I prefer gr4y last,week: Questions.rased::Older boy. Health Services case file on.,Forks,22, skies and rain to.the oppressLve D.Eq iayor,it is an and his two children earlier this year,and WASHINGTON =.With Congress heat and humidity anytime,"he.said. Scalded in hot bath Water then called prosecutors. out of town,-the tax-cut bill signed and . . So how•bad is it. ;a :da After`reviewing the file,Hugh Birgen- ' Iraq conquered,residents of Washing-".. Since April 28,there hasn't beei6 es he.believe BY STEFANo ESPodrro heier,a Pierce County deputy prosecu- ton,D,C.,have'found something new to single cloudless day in D.C.And the'!8 i Shootin sured iiim into rt "I think nine years sounds a, "Do you runderstand that;there could be grounds:for deports bit harsh fOP"what happened; ' Continued from.61 tion?"Gr n d„N i Grant ask #x Yes;:your.ho or,.said Gretza, Its too bad.I think if it hadn t' Bremner said•university offi- who.is married.to.an American cials were-satisfiedwith the plea woman and'has two-grown.chil been a shooting at a school,. agreement dren. ' Deputy prosecutor,Fred Wist Stenberg'said ,Gretza hadn't which is apolitical hots >,,�; said,"Iahinl,ahis_plea represents meant to kill anyone:: i .. , Y his+criminal.;conduct;and holds "I think nine years:sounds a bit button, the sentencg would him responsible'for,his actions. harsh'for what;happened,".Sten He has ng criminal history" berg said of the agreed iaptinsen have been less Gretza a thin man with close- fence recommendation'"It's cropped gray-hair;answered Su-, bad:.i.think.ifr it`hadn t been a' DEFENSE LAWYER ANN SiENBERG G+ perio :Court Judge-Bev.Grant's shooting at aschool,which;-is:;a on Vdo Gretza's likely sentence, : '-^"'--- questions Ipohtely; saying "Yes,: political hoVbutton,the sentence ' ? 04 ' r«ol«alae«s«avis«r r your ;:honor....after�she.- asked would have been less." ; . L June He is being held on$1 mil whether:he understood all the'im-' .If`convicted at trial, Gretza hon bail? PH cations.of pleading'guilty,and could have.:xfaced 44 years, in "No; your; honor. ,after Grant prison;Sfeaberg Said. I Karen Httcks:253-597.8660 ... asked whether anyone had Pres Gretza will be sentenced in karen hucks@mailaribnet coin , Ttta tY#biuwa. _ z iwr Sound voters approved.m'1996 merits.Tacoma's Link fight rail, ttaUtad hoeina+'"`n rutk' tvat'ttstltm' Souhder scheduled;to open this fall, in Sound;;Transit,s stem in °' '" ° tou�tiy wi Y my o 0w.6 pt+�ad i m ittiu the MQAtM,y plww =top c • rcludes 12 Sou rcomm a Pail eludes a 1.6-mild track;,from � Continued from 61 stations,-Sound Transit.Express downtown to theDomestation.. a Lute t�d�*, otadc�t.(w"% fidence that the re 5' regional busAMM .services and:,Link;:' "What's unique is at Freight t3137r,Hfiserssnatpa,aachinaxq!� WO adore rain;* aim*.top Draw U.4 y moving ',light rail ,, House Square,all modesof.trans- nQetaCptoitisvtrx�yte,rlauttdr ahead and.we're going to,get our The Lakewood station will.in- portation will be in one place," nwaythovt�rasiihsNowa frlMetta Am!'thrait.all station." 4 elude commuter rail and bus ser Mmkoff said."It's pretty nifty." The Lakewood-,and`'Tacoina:' vices:. ?' -< a Yoitxc;ttieat:eitdin�,�itrgitdrtl}oya7ttatil �,,g stations are part.of a$19'billion The Tacoma Dbifi0 tation will Cecilia 1Vgtryen:253 597-8692 '° ' iY° 't, t" Sound ,Transit package ' et ,.include all three mass:transit ele cecilia.nguyen@mail.tribner.com iNtQtiiCRSFIVt YsQOr.Qp�Gid&Yf7L9r#t►I�E igV3 UGO damt tQ fur 4+a bctEut3tW buiktiayg�iaaaiy t,wa,i{aypa,t,i,mWey; , � : o ;C , ;•: tWr' ;Ittttit�;:1'�i'11tttQ1M}{.,�,,.H�.,w ' Traverssaid that;even;with the will be complaining'about-the_ f Rain rain and clouds,summer,in Wash '.heat and humidity he said Ing tont G is ex ected'',to be ; Continued from.B1 . g A P T#�mkiiruwtaiwircaet#ilantuitotho'h6esui normal,-�hat;hazy and humid Les.Blumerirhal,.l 202 383-0008 ' "A'month;from now people lblumenthal@mcdatchydc.com 8jrjAWy Office."This isnot typical,We can empathize .with the people in. Seattle." Not really. r" � } fa t4 Y tin t € G The Seattle-Tacoma area gets,. , V�Mn+ F r ^} k 57.5 cleat daysa year and 225' Y r ` cloudy ones, on average.-Rain ' r .r, t l typically falls 151 days every..year. In December,there are 2.3 cloud- less days and in.July,the_height of •l r itr 1}z, n4r7 ; ` A{f �' the summer,there are only 10.2 1 clear days on average. ,a. ' ( •Washington,D.C.,actually gets ``Look FgrThe i more rain than the Seattle-Taco- a j !' •: ' > ,. 1� a ,o r: Page 1 of 2 Shelly Badger From: "Steve Day" <sday@bpmlaw.com> To: "Joe Williams (E-mail)" <Willgrpjsw@aol.com>; "Charles E. Burnham (E-mail)" <ceb@deainc.com>; "Shelly A. Badger(E-mail)" <shelly@yelmtel.com> Sent: Monday, March 10, 2003 9:15 AM Subject: FW: Last train 4/1/03 on Tacoma's historic NP line -----Original Message----- From: Ed Berntsen[mailto:emb@harbomet.com] Sent: Sunday,March 09,2003 10:56 PM To:Berntsen,E M Subject:Last train 4/1/03 on Tacoma's historic NP line This is the effective abandonment of MP 0.6 to MP 2.9+/- between Moon Yard and South Tacoma,Wash., across Pacific Avenue at former Tacoma Union Station,part of the original Kalama-Tacoma main line opened by Congressionally-chartered Northern Pacific Railroad on Dec 16, 1873. (NP was reorganized in July 1896,after the financial Panic of 1893,as Northern Pacific RailWAY,a Wisconsin corporation,which merged into Burlington Northern Inc.on March 3, 1970.) BNSF will access the remaining 29.2 miles of the former Prairie Line(MP 2.9-20.5)and American Lake lines (MP 0-11.3)from Nisqually,Wash.,MP 24.5 from Tacoma on the BNSF/UP/Amtrak Tacoma-Portland two-main-track main line, serving South Tacoma,Lakeview,Mobase,McChord Field,Roy,Tillicum,and Fort Lewis. EMB -----Original Message----- From: "Gary"<garyemmons@sprintmail.com> To: "Bart Ripp"<Bart.Ripp@mail.tribnet.com>; "Steve Mills" <bnsfsteve@aol.com>; "Wayne Langbehn"<wayneorganrail@juno.com>; "Tarbox Gary"< tarb microsoft.com>; "Dan Fiorino"<dfiorino � ary gary @ @ix.netcom.com>; "Frank Farnese"<Frankfish4@hotmail.com>; "Allan G.Emmons" <budemmons@juno.com>; "Ruth Eckes"<railtales@aol.com>; "Bob Carey" <rccarey@uswest.net>; "Will Cahill"<cahill@pacifier.com>; "Warren Broderick" <pebroderick@earthhnk.net>; "Edward Bemtsen" <emb@harbornet.com> Sent: Sunday,March 09,2003 10:16 PM Subject:FW:Last train on Tacoma's historic NP line 3/12/2003 Page 2 of 2 >-----Original Message----- •From:Russ Holter[mailto:cleelumdWotnyahoo.com] >Sent: Sunday,March 09,2003 9:47 PM >To: Dave Sprau;Gary Ostlund;Patrick Haskett; Fred High;James >Holzworth;Mike Deal;Gary Emmons;Wayne r Ferrier;Richard R.Anderson; >Larry Baxter >Cc: Greg Griffith >Subject:Last train on Tacoma's historic NP line >On April 1 st,about 5pm,there will be a small >ceremony marking the final run of a train up the >Lakeview branch from Half Moon yard. Jim Fredrickson >will be there to discuss the history of the line which >is nearly 130 years old. Once the last train passes, >Sound Transit will be given the green light to tear up >the tracks behind the train to complete the last link >for the light rail system. >Do you Yahoo!? >Yahoo! Tax Center-forms,calculators,tips,more >http://taxes.yahoo.com/ 3/12/2003 =lice radar units in buildings B,F,G,H,I and M. as repairing and redesigning roofs, Assistance Fund. [a Establish and operate a statewide senic "With that,our immediate life-safe- have been appealed.The hearing of- prescription clearinghouse. The clearinghou� ey Police Department ty concerns have been addressed so ficer agreed to hear those appeals in would provide such information as cost saving enforcement's:;-Bleater- we do not have to immediately move March, so that Moreno's criminal change,we'll take appropriate action." and availability of generic drugs, and warning anyone out,"said Subir Mukerjee,di- charges will be handled first. Tenant complaints at Forest Glen about potentially dangerous drug interactions. Pass report, 85 rector of community planning and Moreno will appear in municipal date back to 1998. The bill passed the House health care con development. court Tuesday for a pretrial hearing on Tests have confirmed the presence mittee Jan.23, and has been referred to the al Residents,including at least 20 chil- the criminal charges;he is accused of of toxic mold.Asbestos also has been propriations committee. ;OUND DEATHS dren,faced being ordered out of their violating Olympia's building code,its found. Garcia,Olympia homes this week,after the city's build- re-renting ordinance and operating In August, the city conducted its I"L.Martinolich,Chehalis ing official expressed concerns that without a business license. second mass inspection of units there, rain was getting in through the patch- "We will certainly monitor the sit- and violations were found in nearly Inkluiry0ewski,Lacey ® 11„:homer,Lacey es and into areas with electrical box- uation,” Mukerjee said. "If things every apartment. rasher,Olympia _ p Obituaries, 82 � ®�R _._,.��e.�__�_ �o.�-,��, � after �ld�s� quit RRECTI®NS Lace rain dfur leaders i { j. BY BRAD SHANNON :hools will not receive €,. BY CHESTER ALLEN . ' be honored at the second annual Lead- What's next �° THE OLYMPIAN cal levies if the levies are S THE OLYMPIAN ership Thurston County Distinguished ore the school's charter -i Leader Awards Banquet at 5:30 p.m. What:Distinguished Leader Awards; Senate Republican leaders have launched an v A.An article on Wednes- €'1 LACEY— The city of Lacey and Tuesday at Saint Martin's CollegeBanquet �,-� quiry into why two aides of state Sen.Pam Roac ure page was incorrect. Yelm businessman Joe Williams are Worthington Center. J departed suddenly on the second day of the lel When:5:30 p.m.Tuesday ;� :: Leadership Thurston County's distin- Nominators said Lacey has a"we islative session. ,mpian's policy to �J guished leaders for 2003. can make that happen"attitude,Poz- Where:Norman Worthington "There is an inquiry,not an investigation,"Set nificant errors that are The city of Lacey was selected in zanghera said. Conference Center at Saint ate Majority Leader Jim West, R Spokane, sai e editors'attention.If the category of Busi- Lacey city staff and elected offi- Martin's College ' late Thursday evening.One of the two employer have made such an ness/Organization, said cials, under the leadership of City quit on the spot Jan.14;one was transferred int Cost: $50 a person or$400 a ( `. ;all our newsroom at Betsy Pozzanghera,Lead- Manager Greg Cuoio, set goals and a different Senate Republican role the same da .O after 8 a.m.on ;:. ership Thurston County made them happen,despite obstacles, table ,i West said the goal of the inquiry is to"estal e-mail us at news@ a program coordinator. Pozzanghera said. Reservations:Call 360-357-8515. - = lish that no inappropriate actions had taken plac :om. Williams, a commu `* Nominations for the city of Lacey by either the senator or the employees." +' nity volunteer and buss_r cite: i West's disclosure came after news outlets it nessman, was selected ■The Hawks Prairie interchange, ®Pending development of a re- cludingThe Olympian received anonymous e-mai ffw%theolympian.com ; for individual leader- "' which has created more than 2,000 gional sports complex. ` from an AOL account that asserted Roach "hr for local news, ,i ship. Cuoio obs,products and services for resi- n The ability to do all these thins pulled a on one of her legislative aides"Oth\ obituaries and I'9 l tY g, P > 1� •� "I'm surprised, thrilled and hon- dents,and revenue for the city. without putting significant debt on res e-mails from a Hotmail account earlier in the we( Ifflecommunity j ored,"Williams said."Normally,I fly ■Construction of a library,a com- idents'shoulders. ?. suggested an investigation was under way. events. :�, under the radar." munity center, a senior center and i -- Williams and the city of Lacey will parks during the past 15 years. See LEADERSHIP,PageeB5 See INQUIRY,Page B5 - a+L, • a., \V: "�" � a a r..\ a-a 1„. _.,, ,,,\.1\,�`., (1,� , "�r ,v., ,. \\a \,.Y\:. a '\ � d \ �` ,x, t , , \,1 P.�,rrl� U a{?5\Ydm '. ,._k 11's� 4_a '4'u, f `F\\ 1 r\ � � � an• Ir n tv\ „�� '� r \:: �nM tl \ h\\ \\.e4"y... ,, ,:, .P ::: ... ,.,:,:. „- '•, - \d., t w,;,\\{\ r\\�e\'{S: �ti '` ,. n 1\hkr�, �.:. tl �1 ai��'��'»;�. 1Y5� ��: 5q ..lr ., .:.p� P ;.� 1 \ a ,..a:,,: ::.1. .,\.,\ ., \ kap{ \\..\ N JQl � „�� .,,.:;,., asI&nyk� � :. • x, ,.,. nr.-P V1\, IS$ �`�w,a.3,woAlw\V �+ll>,�ua�..,� itlu\1W�,�Ad�,��1,xUNrw\v�,.�.y��d1��.,dA,�,�1�WCu�mnulL�W\\:avtl�1�V,�t,�v„qWV�h\Yi11,,.d\lh�\v,�s��,bM\xa��ra :7 �- Wrms.SECTIQN ®V ®V THE OLYMPIAN o Friday January 31 2003 ,�� .'A .a' 5 Jo Homeowners Associ- '�� As for the rumors,Roach said,. her campaign. laps to bring what he "It's unfair.It's unfounded.I say, And more recentl,rumors have I P g Continued from Page Bl Y y ' Continued from.Page Bl kto the neighborhood af- - ''bring m a 'detector.Isay,that's '.flown that she would soon.lie ian saineetind people at the im- Absolutel .untrue.Complete- f Dne former Roach aide,Tabitha� ouncilmanonce that"tlie Railroad P P �� y P .. ed grounds ng had lots,of questions, ly false.I would be happy to take Wells, could not be located to incumbent allegedly.wasu..and Nominators said Williams,45, such as what the de- a lie-detector test...There is no _ comment.Thursday evening.The would"quit=claims that Roach led Yelm's effort to get'a;spur 's hiring policies are or truth to the Honors;'Roach said.in other aide", Daniel Honkomp of said have since,proved to be,.out- railroad line.. :e have certain policies. an interview late in the afternoon, 'Puyallup;was-contacted by The rageously false. Williams,who"is a partner ;sing concerns and per- specifically referring to the Olympian on Thursday night and Roach said she does owri a'gun, %Yelm's Prairie Park development,' 71 Pierpoint said,is an im- weapons claim She indicated that denied that any weapon had been and although she was tli'e top worked hard to save a railroad art of the roundtable. .. the anonymous e-mail account brandished toward him or that marksman among lawmakers one connection for Yelm, said Ce a ample,when police are had been set up"just long enough Roach ever threatened hon with session during a local gun=range Celia Jenkins,Yelm Area Champ rly active in traffic en- to send out a hit piece....Someone bodily harm. event,:she does not bring her ber of Commerce director,. It, they.mighf be trying was trying to manipulate the "The worst 1 can say about her .weapon to'Olympia j Williams, a Yelm resident t j accidents in a high-risk press." is she can be difficult to work for. West,echoed Roach's state= since 1984,also serves as presif ens;however,often think Roach,a Republican.whose dis- That's not a story Everyone knows ments about a gun incident,saying dent of the Boy Scouts' Pacific trying to fill a"quota,"he iiia'includes Borm6y Lake and that,"he said."I left because I have he had no report or complaint of Harbors Council. # J Auburn, has long had a reputa- personal projects on the side that any such incident,.which hewould Williams said the rail,spur'-! also want to`educate'the tion for being a volatile personal- I've worked on over the years,and take seriously.State Patrol spokes- which goes to Lakewood anak' how to ask police ques- ity who sharply expresses her I need to work on those projects men similarly had no report,of a ends just half a mile from the '' Pest additional support opinions. A hard campaigner, now" gun incident on campus. � , ne; i information,such as po- Roach won re-election in No- Honkomp acknowledged that Even so,Milt Doumit,t6 i Sounder commuter rail liSec- could provide Yelm with freight] ts,he said. vember, defeating Yvonne Ki- he left the same day he gave his no- retary of the Senate,said hebegan and commuter service to Seat' in said advisory panels noshita Ward in what for Roach tice."How would you put it?I had his inquiry right after the two'em- tle. :ns play a part in policing, was a closer-than-usual run. a bad day that day,"he said. ployees quit,and it continuesi' Williams said that service hey're not just recipients But she had little to say about "I can't discuss the details of "Although the employees left. could begin in two to five years. s. why her two employees left on my leaving," he added. "Why voluntarily, in my discretion;'as "He saved that section ofthe ad said the panel created the same day.She said the situation Tabitha left the same day, you'll personnel officer for the Senate;I railroad and had a vision'for it," police sounds like a good was a personnel matter and that have to ask her." believe that this ought to be looked Jenkins said."We're verypleased Olympia will watch."It's, new employees have been hired. Why Roach would be subject- into,"Doumit said."Is it unusual?,,, with all of his effort,and leader- we would take a look at "I should tell you,I was not dis- ed to malicious rumors was not ...Most employees receive exit in `. ship. )w it works for them,"he appointed.Everything is fine.The clear,but she said she was attacked terviews.It's perhaps a matter of` '` "It's important-to the econo- office is doing fine,"Roach said. falsely by her opponent during degree at this point:' FOR THE RECORD chel and.1.4mle,Winlock,a Road is bare and wet with slush in vehicles prohibited. Thursday night's winning Keno Life numbers: rile Rae,Jan.24-303 places.Oversize vehicles prohib- LOTTERY numbers: 22-23-53-61 1,Sherri,and Ruelos,Justin, ited Here are Thursday night's winning Jall,Jan.27,2003, numbers in the Washington state 39-41-4�-4�-��®�$-�4- 1-5-6-6-14-24-36-37- Toll-free state lottery number; ia, a boy, Jordan Wayne N White (U.S. 12): Raining (800)545-7510.Results are unoffi- ,,.._,_.. _ linhtIv.Roarl is bare and na i% rnmo- cial.AlerifV winning tickets with lot=. Page 30s Business Examiner February 17,2003 BUSINESS BRIEFS continued from previous page Olympia has been elected president of the ment officers and firefighters more say in Kathy Wolf,Brian Fluetsch,Janie East- State Chapter ofthe American Public Works the handling of pension funds in the LEOFF er, Richard Henegan, Joseph Sharp, . 000 Association for 2003.He is a region manag- 2 retirement system.A plaque was present- Gary Christenson and Bill I.alrmann. er for the State Transportation Improve- ed to Murphy at the-council's annual leg- 0 0 0 ment Board. A native of New York City, islative couference,i f yinpia: Sandi Wilson of First Community a ; Moorhead worked as a design supervisor 0❑ y.., Bank,last years president of Tumwater and project manager for the City of Olympia Area Chamber of Commerce,and Janice G.• ;- from 1987 to 1993.He has been with TIB for Solis of Olympics West Retirement Center, { almost 10 years. ter:.; were presented with Dale Johnson Inspira " ❑❑❑ t ,. ,t tional Awards at the Chamber's recent ' WSA (formerly Washington Software "t' t,�'' ' } annual awards banquet.The honor recog- Alliance) has presented an Industry .i nizes extraordinary contributions to the Moody Kleingartner Achievement Award to the Department of s %Chamber and community.Volunteer awards Social and Health Services,Division of 1 '„'went to Brenda Bolsa of Brenda Boles i Washington State Child Support for Outstanding Contribu- •'Photography,Scotty Charnley of Associ- Employees Credit tion to Digital Government.The agency's riate,$race Cramer of Obee Credit Union, ` Union has named website provides information and a means )<,J n°u ",Claudia Fox of Russell Chiropractic Cen- Brad Moody its for paying court-ordered child-support. ,ter,Keri Mills of Associate,Sarah Salva of 2002 Employee of the 0 0 Elf( 1, Heritage Bank in Tumwater, Rhodetta Year. He was recog- �'' Eric Platt has joined the business bank-(il I.�Seward of Associate and Alex Williams of nized for his accom- ing staff of Wells Fargo's West Olympia jEdward Jones Investments. plishments as super- +;'`; branch at 1500 Black Lake Blvd.SW.PIE ttf.' Lacey. Mayor ❑0 0 visor in the Accounts "`� has 30 years experience in financial sere' Graeme Sacl rison, r-- 'i Washington f Control" Section. vices,most recently was with US.Bank in. left,and City Manag- ,.1 Insurance Commis- Greenfield Moody .was recog- Tacoma. g.r er Greg Cuoio •I sioner Mike Krei- -” I nized for his one-on-one service and for his 0 0 0 accept that City's Dis- sr I dler has been named community contributions coordinating cred- Patty Graves has tinguished Leader ri° y� to the executive it union blood drives and the fall 2001 Unit- been named executive Award, which also ( board of National ed Way campaign. vice president for A.i was presented to com- Association of Insur- M!E Jeff Kleingartner has joined the credit retail banking at munity volunteer Joe ante Commissioners, union as marketing manager,and Trinity Fust Community ,.f', Williams at a recent where he represents Greenfield has been promoted to Olympia Bank of Washington. i' Williams p ymp' 'ceremony hooted by X14 western states, `Kreidler branch manager. Kleingartner, whose She has 22 years Leadership Thurston County. Guam and American responsibilities include managing market- . experience in bank- Williams is credited with persuading Samoa.NAIC is dedicated to consumer pro- ing campaigns, new product launches, ing,nine of them with Graves Yehn's Rail Advisory Committee to acgLre tection and the financial stability of the branch merchandising,public relations and FCB. :9 a railroad spur after Burlington Northern insurance industry. website development previously was mar- 0 0 0 0 declared it surplus. / ketin manager for Weber Marketing Jim Arneson, former executive vice g g g The City of Lacey was recognized for its Philip Dryden of Puyallup has been Group.Greenfield previously was assistant president and chief financial officer for -,B-pan-attitude.For example,under City appointed to the Washington State Escrow manager at the Olympia branch. Lacey-based First Community'Bank,has Manager Greg Curtin,the City staff part- Commission. The six-person Commission ❑❑0 moved to Redmond National Bank.A search nered with a number of other.agencies, acts as an advisory body to the Department Lisa Welander has been named vice has been launched for Arneson's replace' organizations and individuals tarn dreams of Financial Institutions.Dryden will serve i president and chief information officer of ment. of a Hawks Prairie interchange into reality, for five years. Heritage Financial Corp.She also retains 000 1,t creating more than 2,000 f fobs in the The Commission represents needs of the n the title of senior vice president and chief Simpson Community Federal Credit 1 process, r f escrow profession before the agency,includ- information officer of Heritage Bank, a Union has named Linda Henson to the, CIE]cl ing assisting in the design of tests adminis- wholly owned subsidiary of Heritage Finan- newly-created position of vice president Carl Hancock, tered to applicants for escrow licenses,in tial Corp. for I.S.technology.Shen has 22 years of '4b-year-old Centralia setting the license fees paid by the escrow Brian Vance has credit union experience, beginning her native, has been, licensees,and in developing the law and reg- been promoted from career at Simpson in 1880 while still named Care Net's +" ulations that govern the industry. senior vice president. attending Shelton High School.She later first director of deyel- a Dryden,who owns and operates Ever- to executive vice pres- ..t. @r worked for three other credit unions in opment:-Hie-duties green Escrow Inc.of Puyallup,is a graduate k�' member services and administrative of Peninsula High School and University of ,dent.He also serves � include relationship f'" as president and chief z', , areas in Arizona and California. She development with Washington Tacoma.A former president of operating officer of returned to Simpson Credit Union in 1994local churches,volun- South Sound Escrow Association,he now Heritage BanlL x as administrative assistant. teers and ministry Hancock serves as president of the Escrow Associa- Edward Came. .i 000 supporters, tion of Washington. ron has been prompt- e" Shelton obstetrician and gynecologist 000 O O❑ Vance Leslie J.Ballard has been certified b the H Olympia ed to senior vice pros- Y Capital Medical Center in Ol re has More than 400 volunteers and donors ident,corporate secretary and treasurer.He American Board of Obstetrics and Gynecol- named its 2003 Medical Executive Commit- celebrated$9.8 million in charitable giving also fills the same positions at Heritage ogy,anindependent non-profitorganization. tee — Cynthia S. Wolfe, chief of staff; to United Way of Pierce County.The Bim- Founded in 1927,it is one of 24 specialty Richard N. Henegan, vice chief of staff; total includes$8.8 million raised through 0 0 0 Boards recognized by the American Board Austin C.Lampert,immediate past chief the community campaign,Combined Feder- Brian Utley and his Olympic Blinds of Medical Specialties.Ballard has been on of staff and chairman of the Department of al Campaign and Washington State Com- business in Lacey have been named a Prior- staff at Mason General Hospital since Medicine;David F.Tollefson,chairman of bined Fund Drive. ity Plus dealer for the Hunter Douglas prod- August 2000. the Department of Surgery;Eric Klein, Pamela Transue,president of Tacoma uct line.The award goes to independent 000 chairman of the Quality of Improvement Community College, celebrated the 2002 dealers who show outstanding sales and Washington State Treasurer Michael J. Council;and David Deitz,chairman of the campaign, which she chaired, and intro- •.service achievement throughout the year. Murphy has been honored by Washington Credentials Committee. duced Melanie Dressel, president.and 0 0 0 Council of Police and Sheriffs for his support Other members of the board are Kevin CEO'of Columbia Bank,as the 2003 cam- Robert W. "Bob" Moorhead of of Initiative 790,which gives law enforce- Ekar,Dustin Osborn,Wendy Holden, paign chair at a victory celebration. BusinessExaminer PUBLISHER..........................JEFF ROUNCE BUSINESS/PERSONAL SUBSCRIPTION ORDER: Newspaper Group Established 1985 ❑1 Yr.$42 - C]2 Yrs.$74 LI 3 Yrs.$96 EDITOR.....................................George Pica The Austin—Examiner is the only newspaper in this market dedicated solely loca to Worming and supporting the"I ASSISTANT Enclosed ❑Bill Me(add 311 ASSISTANT EDROR..........Steve Dunkelberger business community.Our emphasis is on material of interest and impact to the business owners and managers n this local marketplace.We feature matters of public record that retail,to our readers,profiles of local businesses ASSISTANT EDITOR...........Kamilla McClelland MCNsa Bank Card# Exp and their operators,analyses of business trends and emerging economic issues,and reports on techniques and Name tools for business persons to use on the lob.Each issue also includes a Focus Section with several feet.wrdes CIRCULATION MANAGER.............Jill Rounce related to a single topic of interest.The publication is designed to provide accurate and authoritative information in PRODUCTION DIRECTOR...JanasSe Ferguson Title regard to the subject matter covered.But it is not intended to substitute for legal,accoummE,tax or other pmfes- B oval advice.statements and opinions expressed herein are not necessany Nose of this publication or PCBE,Inc. 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Kudos' to Shelly Badger for taking the handoff and s, , running for the score. r: ._ .. will hire smarterpeople to workfor =_ them " r- -, Kudos' to Steve Day, Charlie Burnham and Ray Allred for9reat down field blocking. Kudos' to "a friend of rail" who recommended hiring the aforementioned -_= - smarter people. _-=µ =-c "Success i's ensured by :_ consensus _� _ _. ___: �: ® Kudos to the NiVIII lig broadband sponsors; TRPC Port of Olympia, DOT Rail, the RAC and private • partners. TRPC SEPA NUMBER: TRPC-98-01 DETERMINATION OF NONSIGNIFICANCE � ,, ` , D DEC 2 9 1998 Proponent: Thurston Regional Planning Council BY. Description of Proposal: The proposal is to add five (5) new policies and amend one (1) existing policy to Tra_nsAGTIDN 2020 -- The 1998 Regional Transportation Plan Ups. This amendment will provide stronger policy support for passenger and freight rail transport as an integral component of the region's transportation network. Location of Proposal: Countywide. Section/Township/Range: Not applicable. Tax Parcel Number: Not applicable. Threshold Determination: The Lead Agency for this proposal has determined that it does nQt haves a probable significant adverse impact upon the environment. An Environmental Impact Statement is not required under RCW 43.21C.030(2)(C). This decision was made after review by the Lead Agency of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public on request. Conditions: This Determination of Nonsignificance (DNS) is issued under 197- 11-340(2); the Lead Agency will not act on this proposal for 14 days from the date of issue. If conditions are added, deleted, or modified during the 14 day review period, a modified DNS will be issued. Otherwise, this DNS will become final after the expiration of the comment deadline and appeal period., if applicable. Jurisdiction: Thurston Regional Planning Council Lead Agency:' Thurston Regional Planning'Council Contact Person: Thera Black, Associate Planner Thurston Regional Planning Council 2404 Heritage Court SW, #B Olympia; WA 98502 (360) 786-5480 blackvt@co.thurston.wa.us Date of Issue: December 28, 1998 Comment Deadline: January 11, 19P9 Responsible Official. Harold Robertson, AICP, Executive Director Thurston Regional Planning Council 1 TRPC SEPA NUMBER: TRPC-98-01 Appeals: Threshold ..determinations -may be appealed pursuant to TCC 1709.160 if: (1) a written notice of appeal, meeting the requirements of TCC 17.09.160(4) is received by Thurston Regional Planning Council within fourteen calendar days of the date of issuance of the threshold determination or, if there is a comment period under WAC 197-11-340, within seven calendar days of the last day of the comment period; and (2) the person filing the appeal meets the requirements of TCC-17.09.160(2). Distribution List: Ray Allred, WSDOT Public Transportation and Rail Shelley Badger, City of Yelm Leonard Bauer, City of Tumwater Dave Burns, City of Lacey Todd Carlson, WSDOT Planning & Programming Svc Center Gary Demich, WSDOT Olympic Region Lynn Dosheery, Thurston County Andrea Fontenot, Port of Olympia Paul Gamble, WSDOT Public Transportation and Rail Ken Garmann, City of Yelm Nick Handy, Port of Olympia Mike Harbour, Intercity Transit Martin Hoppe, City of Lacey Paul Horton, Energy Outreach Center Lindy Johnson, Puget Sound Regional Council Doug'Johnston, City of Tumwater Bill Kappus, Federal Highways Administration Jim Longley, Lewis County Planning Department Dennis Matson, Thurston County Economic Development Council Theresa Morse, Federal Transit Authority Dale Rancour, Thurston County Dave Riker, City of Olympia Elizabeth Robbins, WSDOT Olympic Region Joe Scorcio, Pierce County Planning Department Rhodetta Seward, Intercity Transit Bonnie Simms, WA State Dept of Ecology Jim Slakey, WSDOT Public Transportation and Rail Todd Stamm, City of Olympia Craig Weckesser, Olympic Air Pollution Control Authority Bob White, Sound Transit Bill Wiebe, WSDOT Planning & Programming Svc Center Staff, Grays Harbor Regional Planning Council Staff, Pierce County Transit 57:®p\1298w710.175 2. ENVIRONM MAL CHECKLIST "USE BLACK INK ONLY" 1. Proponent (c): Thurston Regional Planning Council * * * * OFFICIAL USE ONLY Address: 2404 Heritage Court SW, Ste B Jurisdiction: TC_, O_, L,__, Other Olympia, WA 98501 SEPA # (a): Phone: (32) 786-5480 Case# (b): 2. Representative: Thera Black Related Cases: Address: coma as above Date Received: By: Phone: Same as above Submittal: Complete Incomplete 3.. Property Address or location (e): Countywide. Information Requested: 4. 1/4 S/T/R (f): DAeC not waly -r 5. Tax Parcel # (g): Does not aiply. Proposal (d): 6. Total Acres: DAes not apply. 7. Permit Type: noes not apply. 8. Zoning: noes not apply. 9. Shoreline Environment: noes not apply. 10. Water Body: noes not apply. * * * * OFFICIAL USE ONLY 11. Brief Description of the Proposal and Project Name: Amend planning policies in 'TransACTION 2020 The 1998 Regional Tran=rtation�'PlaanITndate' to better sup�_passcnger and freight it mobility in Thurston County by adding langilage that promotes the retention and continued use of operating rail facilities as an important component of an integrated regional trannation network 12. Estimated Completion Date: Adotion of Mliay amendment is scheduled for January15, 1999, 13. List of all Permits, Licenses or Government Approvals Required for the Proposal (federal, state and local-- including rezones): Thurston Regional_ Planning Council must approve h proposed amendment through resolution, 14. Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain: The intent of adding s mrtive policy language is to encourage the retention of opcialing rail lines rather than a_llomdng them to be abandoned due to underutilization However, if any prqject sr_.ific proposals are generater1 in the future they will have to be evaluated for environmental impacts at that time. 15. Do you know of any plans by others which may affect the property covered by your proposal? If yes, explain: No 16. Proposed timing or schedule(including phasing, if applicable): Policy language amendment is scheduled for public hearing, review,and adoption by Thurston Regional Planning Council on Ianuary15, 1999, 17. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None. 1 ENVIRONMENTAL.ELEMENTS Evaluation for i To be Completed by Applicant Agency Use Only 1. Earth a. General description of the site: Flat, rolling, hilly, steep slopes, mountainous, other. Does not apply. This is a policy language amendment,' not a project proposal. However, the areas of Thurston County that currently supporteither passenger or freight rail tend to be flat or rolling. Any future project specific developments that may be supported by this policy language amendment would likely be located in those kinds of areas. b. What is the steepest slope on the site (approximate percent slope)? Does not apply. C. What general types of soils are found on the site (for example, clay, sand gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Does not apply. d. Are there surface indicators or history of unstable soils in the immediate vicinity? If so, describe. Does not apply. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Does not apply. f: Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Does not apply. This is a policy language amendment, not a project proposal. However, is it likely that any future specific project proposals would increase use of existing rail facilities, not establish new railway corridors. This would minimize the need for any additional clearing or construction required to move more passengers or freight. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Does not apply. This is a policy language amendment, not a project proposal. 2 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Does not apply. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if.known. Does not apply. This is a policy language amendment, not a project proposal. However, if a specific project is generated as a result of this amendment.that effectively diverts passenger or freight traffic from roads to rail, it should have a positive benefit on emissions relative to those same trips being made by car or truck. Special care would need to be taken in urban areas, such as downtown Olympia, if increased rail use creates excessive idling of cars stopped at crossings. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Does not apply. C. Proposed measures to reduce.or control emissions or other impacts to air, if any: Does not apply. 3. Water a. Surface (1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. 'If'appropriate, state what stream or river it flows into. Does not apply. This is a policy language amendment, not a project proposal. (2) Will.the project require any work over, in, or adjacent to (within 200 feet).the described waters? If yes, please describe and attach available plans. Does not apply. (3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Does not apply. This is a policy language amendment, not a project proposal. However, specific project proposals generated as a result of this policy amendment are likely to result in' increased use of existing railway corridors instead of creating new corridors. It is unlikely that any significant fill or dredge would be required. 3 1 (4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Does not apply. This is a policy language amendment, not a project proposal. However, it is unlikely that any specific project proposals resulting from this policy amendment will require surface water withdrawals or diversions. (5) Does the proposal lie within a 100-year flood plain? If so,.note location on the site plan. Does not apply. This is a policy language amendment, not a project proposal. (6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Does not apply. This is a policy language amendment, not a project proposal. However, it is unlikely that any specific project proposals resulting from this policy amendment will involve any discharges of waste material to surface waters. b. Ground (1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximately quantities if known. Does not apply. This is a policy language amendment, not a project proposal. However, it is unlikely that any specific project proposals resulting from this policy amendment will involve withdrawal of, or discharge to, ground water. (2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: domestic sewage; industrial, containing the following chemicals . . .;-agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. Does not apply. This is a policy language amendment, not a project proposal. However, it is unlikely that any specific project proposals resulting from this policy amendment will involve the discharge of waste material into the ground from'septic tanks or other sources. c. Water Run-off (including stormwater) (1) Describe the source of runoff (including stormwater) and method of collection and disposal, if any (include quantities, in known). Where will this water flow? Will this water flow into other waters? If so, describe. Does not apply. This is a policy language amendment, not a project proposal. However, it is anticipated that specific projects generated as a result of this policy amendment will increase the use of existing railway corridors for passenger and freight movement, possibly diverting all or some of those trips from roadway travel. Any decrease in the demand for 4 new roadwaY capac ty eP i r resents a deer'ease m the amount of stormwater runoff that would be generated by that new roadway capacity. The amount of impervious surface and its associated stormwater runoff is less for railway corridors than for roadway corridors. (2) Could waste materials enter ground or surface waters? If so, generally describe. Does not apply. This is a policy language amendment, not a project proposal. d. Proposed measures to reduce or control,surface, ground, and runoff water impacts, if any: Does not apply. This is a policy language amendment, not a project proposal. However, it.is anticipated that any specific project proposals generated by this policy amendment will increase the use of existing railway corridors rather than establish new corridors. This should minimize surface, ground, and runoff water impacts. 4. Plant a. Check or circle types of vegetation found on the site: Does not apply. ' This is a policy language amendment, not a project proposal. _—Deciduous tree: alder., maple, aspen, other evergreen tree: fir, cedar, pine, other -Shrubs Grass Pasture Crop or grain Wet soil plants; cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfotl, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? Does not apply. This is a policy language amendment, not a project proposal. However, it is possible that increased use of existing railway corridors in the future may generate a need for increased vegetation control within the right-of-way in those corridors. Care will need to be taken to ensure that any herbicide application is done in accordance with County and State guidelines. C. List threatened or endangered species known to be on or near the site. Does not apply. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Does not apply. 5 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Does not apply. This is a policy language amendment, not a project proposal. Birds: hawk, heron, eagle, songbirds, other: Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. Does not apply. C. Is the site part of a migration route? If so, explain. Does not apply. d. Proposed measures to preserve or enhance wildlife, if any: Does not apply. 6. FEnau and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Does not apply. This is a policy language amendment, not a project proposal. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Does not apply. This is a policy language amendment, not a project proposal. However, it is unlikely that any specific project generated as a result of this policy amendment would affect the potential use of solar energy by adjacent properties. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed'measures to reduce or control energy impacts, if any:. Does not apply. This is a policy language amendment, not a project proposal. However, any specific project proposals that may be generated as a result of this policy amendment would likely have a positive impact on the energy needs for the transport of passengers or freight. 7. Environmental Health a. Are there are any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Does not apply. This is a policy language amendment, not a project proposal. 6 (1) Describe special emergency services that might be required. Not applicable. (2) Proposed measures to reduce or-control environmental health hazards, if any: Not applicable. b. Noise (1) What types of noise exist in the area which may affect'your project (for example: traffic, equipment, operation, other)? Does not apply. This is a policy language amendment, not a project proposal. However, any specific project proposals generated as a result of this policy amendment are likely to produce increased frequency of trains, and the noises associated with their passing, along existing.railway corridors. (2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Does not apply. This is a policy language amendment, not a project proposal. However, it is likely that any noises generated.as the result of a specific project proposal submitted at a later date would be those associated with the passing of trains, including the sound of warning bells at gated road crossings. These are the same noises currently experienced along the railroad corridors. It is unknown how the hours of operation of possible increased train service in the future will correspond to current hours of operation. (3) Proposed measures to reduce or control noise impacts, if any: Does not apply. g. Tand and Shore ine Use a. What is the current use of the site and adjacent properties? Does not apply. This is a policy language amendment, not a project proposal. However, any specific project proposals generated as a result of this policy amendment are likely to increase the use of existing, operational railway corridors and facilities. Consequently, the current use of those potential future projects is rail transport. b. Has the site been used for agriculture?. If so, describe. Does not apply. This is a policy language amendment, not a project proposal. However, it is unlikely that any future project proposal that may be generated as a result of this policy amendment will involve the.conversion or use of agricultural lands. 7 C. Describe any structures on the site. Does not apply. This is a policy language amendment, not a project proposal. ' However, any future project proposal generated as a result of this policy amendment is likely to increase the use of existing, operational railway corridors and facilities. Hence, the only structures currently located on those corridors are those associated with rail transport. d. Will any structures be demolished? If so, what? Does not apply. This is a policy language amendment, not a project proposal. However, any future project proposal generated as a result of this policy amendment is likely to increase the use of existing, operational railway corridors and facilities. It is unlikely that this will necessitate the demolition of any structures not associated with rail transport. e. What is the current zoning classification of the site? Does not apply. This is a policy language amendment, not a project proposal. However, any future project proposal generated as a.result of this policy amendment is likely to increase the use of existing railway facilities. These regional facilities currently traverse multiple jurisdictions and zoning designations. L What is the current comprehensive plan designation of the site? Does not apply. This iss-a policy language amendment, not a project proposal. However, any future project specific proposal generated as a result of this policy amendment is likely to increase the use of existing railway facilities. Those regional facilities currently traverse multiple jurisdictions and comprehensive plan designations. g. H applicable, what is the current Shoreline Master Program designation of the site? Does not apply. h. Has any part of the site been classified an "environmentally sensitive" area? If so, specify. Does not apply. This is a policy language amendment, not a project proposal. L Approximately how many people would reside or work in the completed project? Does not apply. This is a policy language amendment, not a project proposal. However, it is unlikely that any people will reside or work within the boundaries of any future project specific railway facility, unless the project establishes a new or expanded railway terminal or station facility. j. Approximately how many people would the completed project displace? Does not apply. This is a policy language amendment, not a project proposal. However, it is unlikely that any future project proposal generated as a result of this policy amendment will result in the displacement of people. k. Proposed measures to avoid or reduce displacement impacts, if any? Does not apply. 8 Proposed measures to ensure the proposal.is compatible with existing and projected land uses and plans, if any: Incorporation of the proposed policy language into the Regional Transportation Plan helps to ensure that long-range regional transportation policies better support adopted local land use and transportation plans. It also supports recent actions_on the part of City of Yelm to acquire a section of operational railroad from Yelm to Lakeview, (in Pierce County) and its request for federal funding for the Freight Access by Rail Corridor study. The iterative nature of the local and regional planning processes helped to identify the need for this amendment, and will ensure that any future developments at either the local or regional levels are consistent with,-and supportive of, local comprehensive plans. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high-, middle-, or low-income housing. Does not apply. No units would be directly provided, either as a result of the policy amendment or any potential future project proposals. However, as passenger rail becomes a more viable transportmode in Thurston County communities, it has the potential to generate demand for additional housing — at all levels of affordability -- within walking proximity of railway stations. b. Approximately how many units, if any, would be eliminated? Indicate whether high-, middle, or low-income housing. Does not apply. However, it is unlikely that any housing would be eliminated as a direct result of either the proposed policy amendment or any potential future project proposals. C. Proposed measures to reduce or control housing impacts, if any: Does not apply. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Does not apply. This is a policy language amendment, not a project proposal. However, any future-project proposal generated as a result of this policy amendment is likely to result in increased use of existing, operational railway corridors and facilities. It is unlikely that any new structures would be built, unless a proposal called for a new train station or terminal facility. b. What views in the immediate vicinity would be altered or obstructed? Does not apply. This is a policy language amendment, not a project proposal. However, it is unlikely that any views would be altered or obstructed as a direct result of either the proposed policy amendment or any potential future project proposals. C.- Proposed measures to reduce or control aesthetic impacts, if any: Does not apply. 9 11. Tight and Glare , a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Does not apply. This is a policy language amendment, not a project proposal. However, since any future project proposals would likely result in increased use of existing, operational railway corridors and facilities, it is anticipated that.the type of light that might occur would be those associated with train transport— train headlights at night, and flashing red lights at road crossings -- above and beyond what is already generated by current use. b. Could light or glare from the finished project be a safety hazard or interfere-with views? Does not apply. This is a policy language amendment, not a project proposal. . However, light associated with any future project specific proposal that may be generated as a result of this policy amendment would be created for the purposes of safety and visibility. C. What existing off-site sources of light or glare may affect your proposal? Does not apply. This is a policy language amendment, not a project proposal. It is unknown if there are any off-site sources of light or glare that may affect any future project specific proposal. d. Proposed measures to reduce or control light and glare impacts, if any: Does not apply. 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? Does not apply. This is a policy. language amendment, not a project proposal. However, any future project proposals generated as a result of this policy amendment are likely to increase the use of existing, operational railway corridors and facilities. These railway corridors traverse multiple jurisdictions throughout the region, and may be adjacent to one or more recreational opportunities. b. Would the proposed project displace any existing recreational uses? If so, describe. Does not apply. This is a policy language amendment, not a project proposal. However, it is unlikely that any future project.proposal generated as a result of this policy amendment would displace any existing recreational uses. C. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the.project or applicant, if any: Does not apply. 10 . 13. Historic and Cultural Preservation ' a. . Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally.describe. Does not apply. This is apolicy language amendment, not a project proposal. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. Does not apply. This is a policy language amendment, not a project proposal. C. Proposed measures to reduce or control impacts, if any: Does not apply. 14. Transportation. a. , Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. This is a policy language amendment, not a project proposal. However, any future project proposal generated by this policy.amendment is likely to increase the use of existing, operational railway corridors and facilities. Access to the existing street system for those facilities already exists. Where necessary, additional access linkages will be identified in future project proposals. It will be important to consider at-grade road crossings and the necessary safety upgrades required as service frequencies increase over time. b. Is site currently served by public transit? .If not, what is the approximate distance to the nearest transit stop? This is a policy language amendment, not a project proposal. However, it is likely that any future project proposal that includes existing or new passenger station facilities will have transit access included as a part of the overall design. Transit is a key component of the region's integrated transportation strategy, and is seen as a critical.link in establishing effective multi-modal transportation connections. C., How many parking spaces would the completed project have? How many would the project eliminate? This is a policy language amendment, not a project proposal. However, any future project proposal that includes existing or new passenger station facilities will likely provide appropriate parking capacity for the type of facility. Parking management is a key component of the region's integrated transportation strategy. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? N so,. generally describe (indicate whether public or private). This is a policy language amendment, not a project proposal. However, any future project proposal generated by this policy amendment is likely to increase the use of existing, operational 11 railway corridors and facilities. Access to the existing street system for those facilities already exists. Where necessary, improvements to existing roads or additional access linkages will be identified in future project proposals. It will be important to consider at-grade road crossings and the necessary safety upgrades required as service frequencies increase over time. e. Will the project use (or occur in the immediate vicinityof) water, rail, or air transportation? H so, generally describe. This is a policy language amendment, not a project proposal. -However, it is the intent of the proposed amendment to better support rail transport, including its role in the region's water-borne freight transport, ensuring that rail continues to be a viable component of the region's integrated transportation network. Any project proposals generated as a result of this amendment are likely to increase the use of existing, operational railroad corridors and facilities. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. This is a policy language amendment, nota project proposal. However, the intent of the proposed amendment is to better support rail transport in order to tem the number of vehicular trips per day, for both passenger and freight transport. Rail is a much more efficient mode of transportation than cars or trucks for many trip purposes. g. Proposed measures to reduce or control transportation impacts, if any: This is a policy language amendment, not a project proposal. However, the overall intent of the proposed amendment-- and the Regional Transportation Plan it is associated with -- is to reduce and control transportation impacts generated by both passenger and freight transport needs, and create a more integrated, sustainable transportation network. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Does not apply. This is a policy,language amendment, not a project proposal. However, it is not anticipated that any future project proposal generated as a result of this amendment will necessitate increases in the need for public services. b. Proposed measures to reduce or control direct impacts on public services, if any. Does not apply. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. Does not apply. This is a policy language amendment, not a project proposal. 12 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Does not apply. This is a policy language amendment, not a project proposal. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the.lead agency is relying on them to make its decision. Date Submitted: Le.9r Signature: 13 . To be C=Dleted by Applicant STTpPLEMENTAL SHEET FOR NONPROTECT ACTIONS (do not use this sheet for project actions) Non-project proposals are those which are not tied to a specific site, such as adoption of plans, policies, or ordinances. Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. ♦♦♦A COPY OF THE PROPOSED AMENDMENT IS ATTACHED♦♦♦ 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? There will continue to be growth in transportation needs in the future, and there are unavoidable impacts associated with that growth. Increased use of rail transport to meet as many of those needs as.possible is a responsible way to accommodate the region's and state's growth while reducing the impact of that growth. When the impacts of,increased rail service for meeting some of the future growth in transportation needs are compared to current or reduced levels of rail service, there is actually the potential, with increased service, for reductions 'per unit transported' in: stormwater runoff; emissions to the air; release of toxic or hazardous substances; and production of noise. Relying on the region's road network to accommodate growth in travel demand is likely to generate more air, noise, toxic, and water pollution impacts than if some of that growth is accommodated via rail transport. Proposed measures to avoid or reduce such increases are: No specific measures are proposed in the policy amendment to avoid or reduce such increases noted above. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed amendment is unlikely to directly affect plants, animals, fish, or marine life since any projects it may generate will seek to increase the use of existing, operational railroad facilities and structures. If the amendment is successful in its support of increased rail transport it may indirectly benefit the natural environment by reducing the demand for increased roadway capacity and its associated environmental impacts. 14 Proposed measures to protect or conserve plants, animals, fish, or marine life are: No specific measures are proposed in the policy amendment to protect or conserve plants, animals, fish, or marine life. 3. How would the proposal be likely to deplete energy or natural resources? If the proposed amendment is successful in supporting increased rail transport there is likely to be a reduction in the depletion of energy or natural resources relative to the increase in passenger and freight rail transport. Rail transport is more.energy-efficient than either car or truck.transport, when measured on a 'per unit transported' basis. Diverting as many of those increased trips onto rail and off of the roadways will result in a slower depletion of non-renewable resources than if there was not an increase in rail use. Proposed measures to protect or conserve energy and natural resources are: No specific measures are.proposed to protect or conserve energy and natural resources in the policy amendment other than what is implied in the effort to shift as much transport from roadway modes to rail. 4. How would the proposal be likely to use or'affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, flood plains, or prime farmlands? The proposed amendment would not havee-a direct impact on environmentally sensitive areas, etc, since-it would likely generate project proposals that increase the use of existing, operational railway corridors and facilities. If the proposed amendment is successful in supporting increased rail transport it may have a positive, indirect impact on these sensitive areas by reducing the demand for future roadway capacity and its associated environmental impacts. Proposed measures to protect such resources or to avoid or reduce impacts are: No specific measures are proposed in the policy amendment to protect such resources. 5. How-would the proposal be likely to affect land and shoreline use, including whether . it would allow or encourage land or shoreline uses incompatible with existing plans? The proposed amendment is unlikely to have a direct impact on land and shoreline use, since it would likely generate project proposals that increase .the use of existing, operational railway corridors and facilities. If the proposed amendment is successful in supporting increased rail transport it may have a positive, indirect impact on land and shoreline uses by reducing the demand for future roadway capacity and encouraging compact urban development in the vicinity of passenger railway stations. This is consistent with existing comprehensive plans. Proposed measures to avoid or reduce shoreline and land use impacts are:. No specific measures are proposed in the policy amendment to avoid or reduce shoreline and land use impacts, other than those inherent in the effort to make better use of rail transport and reduce dependence on roadway transport modes. 15 6. How would the proposal be likely to increase demands on transportation or public services and utilities? 4 The intent of the proposed amendment is to better support rail transport in Thurston County. If the policy language is successful in its support, in the future there will be increased demand for both passenger and freight rail transportation in Thurston County, increased service frequencies and better inter-county connections, more frequent and reliable service to local manufacturers and shippers, and better integration of rail into the region's overall transportation/land use strategy. It is also likely to generate increased demand for transit connections to passenger rail facilities, as well as a new interest in intra- county rail connections and the land uses supported by that type of rail service. When compared to the option of = increasing rail service, the proposed amendment may .actually help offset the demand for future roadway capacity: directly via better alternatives to driving and trucking; and indirectly via rail-supportive land uses that reduce reliance on driving. Project specific proposals that are generated in the future will address measures specific to these conditions as appropriate. Proposed measures to reduce or respond to such demand(s) are: No specific measures are proposed in the policy amendment to reduce or respond to increased demands on transportation or utilities. 7. Identify, if possible, whether the.proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. There is no conflict with local, state, or federal laws or requirements for protection of the environment associated with the proposed policy amendment. J 57:sp\1298w710.175 16 : 2. Public Transportation The federal Intermodal Surface'Transportation Efficiency Act of 1991 (ISTEA) requires the Regional Transportation Plan to consider "methods to expand and enhance transit services and to increase the use of such service." The State Growth"Management Act and local Comprehensive Plans seek to achieve compact urban development with increasing densities. Transit is therefore an important alternative to automobiles, especially in high density areas with heavy traffic congestion, where adding road capacity would have significant negative impacts and be cost prohibitive. Long bus trips resulting from slow bus running speeds and long waiting times have been cited as major disincentives to transit use. This Plan recognizes that reliable and frequent. services are pivotal to making transit a viable alternative to driving. Such services will help reduce the need to construct costly roads and their associated impacts. GOA : Provide effective public transportation services to help reduce car dependence in the region and serve the needs of people who rely on public transportation. 2.1 Transit System Expansion Increase transit service over time in response to infill, higher density development and growth. Maximize system productivity by emphasizing service in the Core Areas and High Density Residential Corridors (see Map 6). Where appropriate, use smaller buses to minimize impact on residential neighborhoods and roads. Continue to explore the feasibility of providing high capacity transit (HCT) services between Thurston County and the Central Puget Sound Region. 2.2 Transit System Reliability Ensure the transit system is a viable alternative to the private automobile whenever possible. Encourage capital and Transportation System Management investments to improve the reliability, safety, and attractiveness of the transit system, especially in the Core Areas and along High Density Residential Corridors. These could include High Occupancy Vehicle (HOV) lanes, transit only lanes near intersections for buses, priority signals, and park and ride lots. 1'7 r 2.3 Transit Operating Speed Develop and work toward a.transit operating speed goal in coordination with local jurisdictions. The goal will trigger discussion of strategies on how to maintain reliable transit services. In some cases system improvements are necessary to give transit and carpools/vanpools a travel.'time advantage. These improvements should not unreasonably degrade the overall LOS for other transportation modes including freight movement. 2.4 Improve Service to Attract More Riders Develop a transit system that attracts more people, especially in urban areas, to use public transportation. Special care should be taken to meet,the transit needs of elderly, disabled, young, and low-income citizens. 2.5 System Coordination Assess the need for expanded and coordinated service connections to other activity centers within the county and between Thurston County and activity centers of adjacent counties. 2.6 Intermodal Coordination Integrate the regional public transit system with other modes of transportation including auto, bicycle, pedestrian, rail, and other modes as they develop. This might include secure bike racks.at park and ride lots and on buses, and transit transfer points at rail stations. 2.7 Park and Ride Lots Expand existing park and ride lots and develop new sites over time as needed (see Map 7 for possible locations). Implement appropriate measures to deter vandalism and theft and to ensure that sites are safe and conducive to effective use. 18 ti 2.8 Rail Service Explore the options for operating short line rail in the region including tourist operations. Ideas for future freight and passenger rail operations should be examined by the Port, Intercity Transit, and private rail operations organizations to determine their viability. 2.9 Other Forms of Public Transportation Explore high capacity transportation options as well as increased Amtrak and vintage .streetcar/trolley operations wherever they are viable. The successful creation of core areas as major destinations and,increased densities in other parts of the urban, area will set the scene for possible future rail. While these alternatives are more costly than,bus transit now, they may prove to be a good option for some areas. 2.10 Private Participation Encourage local jurisdictions to implement funding mechanisms, including private participation and joint development of transit facilities and services such as transfer centers, park and ride sites, and private subscription bus service. 2.11 Public Education Look for opportunities to promote.transit as part of on-going public education. For example, include transit and rideshare information in public meeting notices when meetings are held within service areas. . 2.12 Commuter Rail Explore the viability of commuter rail connections to the Regional Transit Authority's `Sounder' rail line in Lakewood. 19 Q f 5. Freight Transportation GOAL: Promote further development and c^irs'r5?#:car"r.''irrir:•:+::,ssi>s5£dr.,... coordination of facilities for the movement of freight to maintain Washington's strong trade- related economy. Ensure a system compatible with the movement of people and freight. Truck Freight 5.1 Maintain the efficiency and level of service of the freight movement network, and improve where needed. Give a high priority to improving congested roadways with high freight use. 5.2 Coordinate with the Port of Olympia, the Mottman Industrial Park, the Northeast Lacey industrial area, as well as farm, timber harvest, and other local manufacturers to ensure freight access routes are suitably designed and maintained for regular use by heavy trucks as well as for use by the other transportation modes. Rail Freight 5.3 Support continued raff freight timisportation using retention, expansion, and continued use of existing rail facilities. %'50-Vardiallate With the Port of�elyinpia and iegu}ar-use. that support regional transportation goals• 55LA Explore the possibility of expanding mainline capacity and I-5 mobility developingan alternative corridor dedicated to the movement of interregional freight by rails as envisioned in the Freight Access by Rail (FAR) Corridor. 5.5 Support inter jurisdictional efforts to secure state funding for improvements that enhance freight rail a=ss and =argity. including upgrades to facilities serving the Grand Mound Industrial Park. Promote freight rail access as an important tool in retaining and growing Thurston County's employment base. 25 10.6 Coordinate with Washington State Department of Ecology and,the Olympic Air Pollution Control Authority in air quality monitoring and modeling. Wheresno ible, identifyproactive mitigation measures that alleviate air quality acts likely to Idgger nonconformance with the National Ambient Air Quality Standards. 10.7 Local jurisdictions should actively pursue environmental retrofit of roadway infrastructure that damages sensitive habitat, such as culverts that interfere with salmon spawning areas. 33 _ -,=kbf � .: a,:,,t. 'til ,.�._� ° � si ..�,t=.�. s={a7L-; t r', ri�.. ✓ r; t 4'3' 1 -l1 Z �',s.,4e {• },t«J.}k x�I.'PY F lti qP i t p ,A 4: f k gi 1fd II �1TM1'If ' . r,t�. s�rkwir�, R•".;+¢'Es (��Ii,:F.,'+Y .'�+,n�;�'.F-relit}, '.�f i� { pt— AP 1G p7y{ti? r s�i� c��!3f ti�h �. �'�'.�.$ 'S$.�,.n A:St e)Tt)•.- I !. � � k rH+.r.t •, !'�tAtrr i r CC S tta''k'Y_+✓ .tP7 r'f .•i' ��,iCy,Y+S r v t11 M ' Ar �a ¢ r t& ttS V aat ir h Nt G®TIAT1aONS: Ia, e�;Burnham estma es that�tn `; 4u 'mediate repair$,¢rwill cost. �rk+E 41,120; Od First year repairs �B1AY" OI� OI° �el'�1Ou1C a(ld$51,000f , t= It mould cost about$41,000 a . g Gs t g , year to plamtam the:shq t 0 ` '�a� `ann said Atenance g ri xr�w '� F .$ p `x t 4 , contract would elude�' e Hy l�atty-gcln �.�w r ti"�r`� ({5�"St`1>kraCb "} r1 5"iaCJtx��1LFJ� Crnfirs} Y e ., t t bt' x.a p ;Y�71� City ol`fi 114a1s't` g � 1 en r3'c�. otheri bride are r s�, ;as f pg fioave'theirdiad e q ri 'rall eeded��v aitnall Bhrl i g ;axe taikg, boutug afiat ail tqn Northern�ouldell the rail liner#i omye�tn3a11 the way to 'line;a't the at5prai,ed value or Mizmc r neshioa a a- Talks>�etween the' city and' ^� p owner`Burlington N..ortlie`ru/`�rail,line s.ii�6t rorc Tacoiiia `Santa'Fe`are'still inethe`early vowns''and operates twofrail stages,liut some cit ` officials ,',dines' one w'from'Tacoma nto *ouldublicl'iUq to',rj xi the railias a''`Morton F and the other from 'gowned hne,ensur�ng ,fi Frederickson to Chehalis u � P Y ' _ "�?Thc linesis seen; s imp:or xail access to Y7 ehn � - `. Extendingiservice to Lake:;,,tant to Yehn's economic devel . Fwood woul Rive users direct ,oPment Garmann said one accessto ether rail lutes' "°rea'son to save,the line"isthat The city became involved in r wpare landlocked from the I-5 ahe prqjec;after Burlington corridor `.Fors that reason, ':Northerrittried to sell,the 4 5-'r freight shippers; haves t milelu a from:>3oy to;Xelxii,to a wanted to lgcate ut'Yehm phis t scra"7rnhtal Fdnaler The`sale ' hne.fills that gap for .fell through-AtIhat:pomt obi° f,BarrielWilcox,copresident• j dialsniet with local busi,� yof Wilcox Family Farms m Roy, nesseg,?to map out a strategy I.".said lie is`iriteresteil iIi what it ;;for saying'tliglitne ,"6, 5: ; Il'take to: a�e the hneF atm In March,a task force led,b 'tom "«we receiV,-0bout 500 cars Charles Burnliaixi of the erigi- eaci year;_of grain commodi neering firtribavid EVdM and ties,at our facility 1n FRoy, Associates IncK=inspe ted'the Wilcox said;"Of course,W$are track lrom Roy to Yelm �, `concerned'that the hne says The city originally"retained P nAnYthxrig that make oe c rkswe're m favor of'r { ;,the firm to do a basic survey of 'lt� s S Grav 1 of ,the line to determine if it was nt- iles� and Fand m reasonably,good°condition, �,KOY. l#5 ybeen;involved m PublicrWorks;Director'Ken +discu s�oris«Burnh }Sahli as Garmazi�i said, �s er ry r 'rnan as 100 trucks,e chday Garmatin.saidthe`geoup'ex ;could remain parke i#b!lie: plorarig,the hail line`includes. eomp�any used thea�}ilines m embers o :':the Yelm°Aea"`s�te madeof the road�r: ' ,•� Chambers ol e Area Chamber of Coni , ,vate b6"il fes, th'e�l�ox of merc President doe Williams r Olympia and the citld!eliaml er i iie. ers Tubs Z i ,P( w 9 c i Eachvartyr,shared in sthe =Iy that local nusuiesses have j ;cost of attzdy to°dteranine give`nEthe chamber,; thu4nlis j),*Jiat it might costs{.o repair ,npondt. pro a y;and co�ttnu� to operat� the ��4�s,`Thei�e;are`a lot'of pe'��le line rfrot� Xelm to f i oy, Gar ylobkn}g at it rightibW td ,ee if �}Yiant °said;lie explained•pxe 4��t={Mould be,�2coriomicall�,,vi °.°`liminary costs to Mayor Kathy able for thertX�z�Williamsrsatd �olfand;eouncilmethbersafa � ;;Patty'Kiriney isa correspon- recentscouncil meeting ��. a dent fog The Olympjan Vt A`i 4,i, 't.' .•y3R' `:Sn::�. ,:.',.:•' '.r:•;.`ji.:r,.:ti!.,}r•.;,'. . sr. - '.1 ;C� .r•r, :+t "}i;. �;<!Y.. ,rrh. .`�5^ ., t a.T a C'�, %. 7. !- 3':'� z` '_iF :��.; �- Q.1`� r�..fila. ,-. •:;.. ...:�;.--v,-";c- t" :' ...,- �)':: �f� e.#":� �:xc•'.�3�.. ,�-. 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(� "], s iY r r'•+� lt_• [iy17.` ss 1.x, r y fp �(1- r a s ? t y7 re8 OII �. ;1r P ,X• �^rf 8 i ,r-gg'.r. •I r.Y"' �a , •c,. .T.i*r'y- f4 •. £-"+^.rb,G'1"".�'_ "'�^j Y�.P, S'4"�-c"1` c'°t ...[t+ `x'a .:£.�, .P4t :s ,r}•r -'1. `.k n sr ..e t t: TTii. 1----``__ {' L3., j,3. .;1•aa?_ i .r �. ,� .d. ,ri,. -7,r':a.ti ,xn ,•14'• �a ! .Will.E 1:9"-•tis, `+.: }'max 1 4r ,-, v7. S :3 �" ,vJ, .Sv r.:,:y+•v S:�' .+12?G. ,.r •`!'.z] v:SA,.', r�� .4'I �' 1.9 tlt,.t i �• ..4. S. .4 S Ci.T. h a:,.: -`S�. _ , c�,�j�+r-•,'.�. f„_t. i( �4°t.. c�, -r•� A ,.r,'.{:;i--- .+c'�t.., .^. v ��•ri^`, .,+.P ,7..�t i..� .�,1�', 7 ir`:• .1..,r.i.rre,:: It1r•.r....k�,..: „�y,- 5 •:s. a ''7.T Gi"^`.r r`3 C. i a4.. i, k;,�., ^-,e?9t.r,. fir.7:r ,rC/1';- L(:..5..{ �.,y., +L- c•., e..f..0 .. /dtl�ln). s�C•`t r,•9:.. �> {.. 1,;`.Iyi. ,wa '$ .. ...i�• ,,a J L ,.I,_'6- < + Ca ?S .w �[, ff r! S ."'Y. �•;,.:, ��pryq a Y4,Cr• + .y, ,,ire C'�?''A; Y =. 7� , ,r., a ., 3 �tF t9" �.. '.1 .1 ;:,t. •Y' N"'b)R'veT;w((aa}}��t'. �.�. .Z dt,.,,..ah• _ .C. A G_r �.t..k r:.'' ..�.::. ,+-.''a ,�5'�:.`•j•"`'b."':y�. �;.'.BY KAREN'HUCKS:a. :e: ,.9 ;an$ , :.s , n 1�s %fix ,.9.,ht.3:- \I. i3a,,,� �.' r to �' a ateF, t Yelm.xofindawapto?maintamtheline �o Unti1'that�Cu t? t" S R y/•:, 'qx , , r +:::a 7a'o%vL�, a�l U, �. 7,,, II�ent w1441 a B(xdn.,fl�,,7PI`} U.waIILS s t gh p' r^,'. •.$�z, .,'°§ ^`al + +q'' �,� r '}. .. :•jF `t7: -.c,, f, S' �h ,'s.=..;•�,i f }�J ?a r .+ w T E,N S t d 1� .� i 0;,,j !z ,: s4 �c �' t+, Tla_ NE_,�:.�: ,-,„ ,_.e!; That opgne. e'door foxXeli to'of tct`p urcbase' e. r � and, he:contesi ` sa tra�lr/�ad 4 -�. P ?. fQ .$25Q QOD :•'., tet;. `'k, ^; Q. `,,lt�'�r',1•:i5,. r yr-v.y-, ,�.. -��41 nL�'�i...r,a, ! 1' s• ct: .F.a :l.i�>.�x�.fir+ 't'�t'^•i1„;' w r, • ati-�..:: st, k r a .r b c1,• �,a k :r ferto�iu .lt' �y F .} r,l.__ „}, t .c:<„ :Y ;h = J 6 wlingto onto field.J tib ,. , Y y nflVoi�them,spokesman r the t eay < _ ;: lite este °s` �_; Suilmgtpn Northern Santa Fe Rai Sri"I.tlink Bur' n Northern�s ve` % Gusl Mel :-�,`_;'. per The odntestaat.nth �. sX. rill;: . ., &_.,.,rr :. 1i ,:. X3'4„ onae.saidonlX`tliattheline Y ,.« _: � ,� fk« , road�Btrying-to, 't'outo a revious° 'interested' jai r Y J. ' s` "' _,.,,- P. ttirig down.witli`the was°•bein 'co.' 'dere i rFy too >t71e ball ani r r. ,w: 5 4; g., .tel d,for:aba ido # �.Y seem S_ r •:coinmitment` 11l• T •,» ,,_ y x r 'yz T� '�•. Via. tO.B�,+L; ebi'th-i�0 .ri .cl ':t0 0 (�,,,,,� s e i P 7i a.,. ', L'; f .r ,; , :r,4: :r•h .. _ �r_ .ti3. wrkouta'deal'to'kee a :EmentandYehn P? kY'. . •:3 d a44 ! �'. u• '.i ' �.' P;O .a:' Qa++Olcua W011ld ,gyp ;h" ta41 railroad epwcfo scrap and _MS d .hne-in se ce,:,Baid`Joe Williame4 a' ria 'l `' " `:k �`Numbe hie said. .Txeifiaur o e . , � <,:_ [ ,•.�.,,, PP ed oflt8 status. �: ;,1: ' .�� PF + ..make'itspossibl@,fo3Ye r'aniothe�,,t. r.. n�: :�: :: 9 �} T �,,a : .a, � ,• , •..,,. } - Q ;,.t.,p psident o-'the Yelm'Chamber'of �' Thea' `tte'i� Jerly,,there,ia no'N ".,t111der r to. tie t :, ,, ,,. ., +. ;c r u, .4 ,.,. tY elm Ch"iW' o#'Com . c 2, ,t ,,,4-6 WB- ,dlereIIL PY. 3',.,leend i,operi,' Co ercg i,' is a'real ostly ,F. ,came ere 1 .n .<'•. � 4;, ..�.+r'A'I �rt�� L�� yy p}��, �y .�'1�e., p e ��nerce'and;tHe Poi o�Olympia area 3- �t �: �,: .:P�'��s-}..,. c,r+SY«r:<a",•- •1..?^:.�•i?f+.. .r ....+..+aW y. nth.4lltl.COmP^Y:i"`%.'"'b". o hie::Fronfma peri a ve' f,�.. + :�. r_ �;.-�i �;i.F',.5=.'A' US U88� lOYelx - . �vnerslu :' +;c Y• ` n'0 fj Y P P ,fit woiking together.to make sure the -dangero :Pgd, $ ' r ✓wi;k ., a, „�; wlll'forma]lgnotdy 5urfac@; Bodes `ood r r f r r inbl �:., _, +. ,.. g. :things 4.6-aiile'r line be}�,"� en;Xe d . .P `nipii <�` r�, ,s, 18pOTtatlOT1B0a1 "Of11i8 tl0IIt0` E! t, f „ 111 S r ? - f4 , ..s.., }?}ten ;�.t Burnliam said BN met with local :Ro" remauls.ad` ab '� u h r4, agreW 8tlll. 'h@011d' 1?i-•).. _ ..�`�� t -.a2• ,,,., � n' Y:• „ �Qi ty,,:�•. ,'}St "r-.` ui- '€.i. t,•..,., `�' M.- y � y, : a `ia s ,gn of]me,said Chars:t gfficials month and indlcateil itt 4 �The B :': 7 y,moe'ahea -demanded ` ^��r;aAua• ;•R a „ 11I hngtOII NOrthPrIT111I18,r r ti ."� r: �. ahem fi+, 4 ,ti' iii zz::;cI'�oge" :# L. ["f ,•A[ D tQ terR7lIld'to all. ..E- `c W].ia@Ted,J@lUc APL ' i r �° a.y�a..,. r, `).. `{.�i# +'" z•f. �'."�'..b�°. ..�.•„l;..tf'.'y'e C y5 i•1'•i .••r, ,:i 4 - f ti:,'Cyl' -! 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R•, t4 _,..l.r .i )r ..s.� - - - .g. .P ,'�r. -•:,r;�-�,,.�vhrt' r� `,�5 ,S'.. .,. -tit:0. �-i... - r >• r,-.-•,.c;•: F - uk .Y a.a U"' .�Sa...4' 4 n ',...),s•.r'', : t", t . bi�, T i a ra,7.�.$ {'rr,. r:.: S 'ti' r U� , �:• . =.; 7'-ki @ .l „ .11 d ytavo;v;he'.., C �z jw Pa. �. k: �Sq' oea tlie`story.AWL •r t A+-+, - ':,� 4• i 5"r£.. r'�. a°•` , y�r Jr , ,.4_ i 7d.; _ �� ',.I ::5•: �n L a na,) ,g ,_4_ ! lii-tl`Jen "{ ,ist.. -r F .•:t;"{. nn��.�•�.+.` ::[.s ..,c'.. .IN ,:a, I r cY a- s. r :.r .•If- yi;;f. rh< _ Su ( dl ,{,A•ee .� f f.,. "t7 'w .V.d �..�,�° .rl;,rrr;.iirx+P, .! ,L, tL1e aW -i 1 .;�• a, r-,v ,.� ,�,>.;;.� - ,?Y,,'tp dMonday,: as ehotf ? TYans ortatlori '.1: , g 4 - , ']fie en .sa s. r: �r ;. r �! �:i_also= ff :P �. ,3 P. v�.� o eyed ::coni _ '-tS 2`G. -gy �;4 g►Y, {( �++��r�, arty zs•:dhi. c.:t _ "f ''y ,.. 5 -� 3. a+„d,., -+F.•+` y@:-Y..,.( F.' L A.'`tu..y, A• R ", ' G'a ..,E, 4..' a`^1 •..�." _a< tLld„ .:, `r ->.m3'. :"7 'LwF::i+l z,t. •,�"'.N,tlKii._+.... .}' �K �•i 'G iii•_k.c,.i Y ,. y. .r .cry. z..,,4.�i; . "'n" amll BII �i:�ald t s:arelr �� g.,F : "J t atteckand Bari Brous ,l :<� ..�..,. t811IItb@ A ;"., •+1dF it t ac. , d t. ,, ed t .e '•f r,,,yv.r s5`t s;J. , ��t�r.,.�f., �:�'_, „�, :�,. �. -Cheney[°Stadium:'wfiok � .�.�. �. 'f �t. .(a'. 1!.' �} ��.. a r� :�,'oy t(.•3�, l.. f. :�v.' -y.q> L,.,.. @1J�CGt,F1.,t1+ C ' UV o 4o- .,5.,. ,r^ �, ••ef•5„i^',3`. .;',J+' � 't i .:[r .L a f.•a,. is ?e obi cktamasS.remoyalu�:,$ ��,'��jj�e;>yr+a-r�rt',e, jr �F A,h• FF rt>,,* •..Y' y 1 p`��, 1 - 1 - y �y ,°t� �t5� aPt't} �3 4� t',t, 1 . Kb. JNA ` 3.,: 'cw.m�l$$t118ejL• le') �Ros? r ga x 1�4was,.,• W wtjr'�+.A,fY +1}�di S' �r�i i<Y�j�',a .✓,r � n fi t., y7' �... Cs',:� .r!- ..'-, ,r• `'rTH�NEINS•fTRIBUNEi, r t!F M AI �, ,iN th�rBW�etn@S$Of �R18I1'l] r r� a f �1 U'.ti lx J tho tubo J . f "` j'3i £Az,*,r'vY+ "s i i. y++a p, a-.,[[ ih ��.- xf+' r / _ _•} �vh0ln@�Md$�' y ,e tLLtl V oma ;t8t@?j7`-1?u-S 4'/.• w cl`+'�� '.', tl��'j 4i � ]1 r1: ,F �, •s w 14'_ m �l g 1AJ1 tall,tme�.along Iue�ate Y m�Fife�; saddened t 'v4> r0. 2awhitespoplan:iaees'ai�e� d,i�ottm °` �� r� �Bpr�nghehas�obGi and:dang�mUue� hey�tivlll<be Bawedq�gn abon `x � �wlt�ia, hade su ,p' 11e-m}ghtandkreplaced:witb other types-,Qftree6y tate YS �; �a#eenager,de;rgno>longe aq� K A r , `'` :V' ;produCtl✓a epartuegof�lanePartalapnofficialaeald,^ Y usher t �1 $utrnpt @Meryon@' th Me o M u t) �1 ►Che�!(�14`�*{{-77 er"p,local p�,��/��[�y[p� k 7�LS � + pteranaaqu r deader. he Bail there`sie lietter`alternativea 11N M-oup how``t Perepnal i e�� than�ou l' fi i wa�par]ris `u wi u� �1own allthe tree6;sal1 at once, r n a p th chap �,rt.� �• x � tle blt'hormed f O' ;s,dowg�D1101e8a18��93laughter a t i s, 9 ? ,;, MIA thougjA,,.abouv i +o}n d� kop ' ' tec��nith@ earlya1.96Us�. ^Y � ! y�z+ Fj��baomIItie fplran�litLvh@8'be@n hp MWIla�e�epaII �►� din�° NOU..VV.. !II Conrinued from B1, 406ch .off'.wee I tlirpugh Roy,Fort Lewis,McChord Air Fprce Base-and Lakewood It con By aMEE G- ' tifidbs to the main north-south:' M THE NEws alegNE; l� BurhngtoriNortherA'line'in `acoi�a4" Ijeds;Hundrof area"rpsidents_will' Yehn wants to have control of the w. , •spur line through takewood.to en �•rise:with%fie;'sun Friday to+watch i. ' courage economic development in the{ � } more than a dozen hot-air balloons _ inflate at the 13th Kent Balloon Clas-- ci ,which is isolated from the In _ � � �fF . •..:: .: ... ... . terstate,5-corridor-It wants to en- sure n sure that•BN.doesn't•abandon the;, V 6 This weekehd features two';q line'fron!Lakewood to Roy,leaving 1 1 507 South King.Couiity's biggest'sum- i the'Roy-to-Yehn stretch stranded: _ ��,�� ,��:,�f mer celebfations: i; ,But-BN•has said it lapis to main The nt Balloon Classic will P <k V taf bontrol of.the lineIrdm Lake- f E '� ° 'kick off,at 6:30 a.m. Friday, when wood to Fort Lewis.In•the long=rim, °�� 1 ; my 16 balloons,take off from Kent. I Yelm hopes to use the'°rail for com - Meridian High School, 10020 S E. routers as well: :., r .' ®� 256th St. �i Rail service'is-the city's best hope - � ILES �� ' The balloons and their pilotsaW have': of attracting'companies-to its.300 f aw j acre industrial park,said Dennis Ris- '� 702 l �' j don business development manager urstan Cain ft. ": ,• r with the Thurston Countyr'conom-,_ DexdliQuemer/The News Tribune'. . TRAREY is Development Couricil.'Between 60 U .- NOT YOUR' Q percent and 70 percentof companies" them together.". , j� are'interested in rail when they.,lo-' ": j; 'cath or move,he said. r ✓Staff writer Karen Hucks covers I; Two nearby companies; Wilcox ,Thurston County Reach her at 1- �"�-^`^�"^— M Farms and Miles Sand and Gravel,., -388-8742,2,Ex 8660V or by e-mail j have expressed interest in using the _at kxh@p:tribnet.com nw"Acm 4r rail-tpdr cif-Yelm took it'over and - Charged affordable rates.: j 'B Mington Northern said in June- 1996 une-1996 it interided-to abandon or dis- South Puget-'Sound. continue usb of the Yelm-to-Roy line within-three years,said Ray Alhed, � ,°`•. rail planning specialist with the state Department of Transportation's rail office. Last fall,city officials and business leaders'had.a letter-writing cam- paign to persuade buriington North-- li ern to keep the line open.The railroad -� contacted Yelmand met with officials FOlympian% ji last month to discuss its plans,Bum-. Regional Regional Airport ham.said �� _�' = s ,And this week,it still wasn't clear ji whether the railroad owns all the M �).-/�', ji -lands ori which the track sits. R "Where's going to be a lot of process , invplved,but all of the signs are pos-: o j itivd,"said port executive director' 1 Nick Handy. "I think it's important `b for them to maintain,the rail kine. _ It's going to take some money, and that's one of the questionsright now" U L , & 49� 1 41ffiough Yelm officials were hoping - 4 _ ,'Saturday.&Sunday;' , ��•t Burlington Northern would give them l1. 1. the spur for a taxvw te-dff,the com- Gates Open10.,00 , I, pon�didn'tmention agift during the Advance Ttkets:..$5 .Gate.':: ,�1 Kids 12 &'�Undit .:.'FREE! w/ Adult Y June meeting,Burnham said. What leaves the city,-chamber and . port•to figure out how much money to LJ°r Attractions: offer and;where to get the funds: •MiG 17-Bill Reesman Maitary Snot 6 Flyby Demos Wubuds,Antiques,dosses, I •Sampson-Bobby 1'ounkin Contetnp' Modem Expenmenn!Nraift NeGtopten Williams said the city might be . :Yak 54-Mitch Travis Mph!biin��fr ighii Siq�drring;.Model'AirmQ hfiibi ions, �j able'to get the,line-for less than thh •A-10 Demo Team-USAF wicopter lodes High School Gr'Show,@ddiel�nd Food'6. $250000offered•li the'sera dealer:, a ProdnaYendors.6MuchMore' Y P Twiri Beech 18-Bobby►ounkin ji for,the rails �: ; s :Pyrotechnics,-MerieJl"Stoney"Stone 1) 'hisw hole procbsss•hasbeen fund •r-16-USAF, ed ley the.local businesses and.the , t; port of O�tympia �D city;"rsaid><TohnThoml �PP - ' ;�T ,h D ' 6" i r .i i ft r., ' ident of the chamber.`There's enough _ "Even[ al scg/v interest in seeing this rail around t sera$CN1" City of Yelm Press Release 105 Yelm Ave. W., P.O. Box 479 360-458-3244 Yelm, WA 98597 FAX 360-458-4348 Email: shel1y0velmte1.com For Immediate Release November 21, 2000 For Further Information Shelly Badger, Yelm City Administrator, 360-458-8405 City of Yelm Acquires Yelm to Roy Section of Burlington Northern Santa Fe Rail Line As of 12:01 AM, November 17, 2000,the City of Yelm acquired the 4.55 mile portion of Burlington Northern Santa Fe rail line from Yelm to Roy. The acquisition concludes discussions and negotiations with BNSF that began in the fall of 1998, when the City of Yelm learned that the section of rail was being considered for abandonment. Since that time, the City formed a Rail Advisory Committee to recommend policy and aid in negotiations with BNSF. The transaction included both a purchase of property for $300,000, and a donation of. additional property by BNSF. Funding for the acquisition was obtained from a grant of federal TEA-21 dollars approved by the Thurston Regional Planning Council; a grant from the Washington State Department of Transportation Essential Rail Assistance Account, funding from the Port of Olympia and other local private contributors. "Without the support of funding from all agencies from the federal, state and local levels, this acquisition would not have been possible. The City is very appreciative of the broad support this project has received", said Yelm Mayor Kathy Wolf. A temporary embargo will be placed on the line with the Association of American Railroads until such time as the City contracts with a short-line operator. The Rail Advisory Committee will meet in December to outline the next steps, including how to move forward on the hiring of an operator. "The successful acquisition of the Yelm to Roy rail line represents a unique opportunity to preserve and enhance a vital transportation link. The continued availability of freight rail service to the Yelm and Roy areas is vital to business retention and development," said Mayor Kathy Wolf ua auuuOt,�.iaa f/aiA 1L Jum Lue line,nurnnam Saia. Recently,city leaders began Any other traffic generated discussing a plan to buy a 14- on the line would be handled mile stretch of line from Yelm by a short-line operator if the Time for ublic{to t h e in to trans dortat on ssues, solutions To the committee members sitting L the pybh j.12ow�ey. 'oke bf taking meet transportation purchasing power is dlmin- 1C►4u1 G�jdll SCtl it{gs,to'citlzens seibee;the state. fished:There's no way to build more high, around the conference table;Skip Rowley; y of Issaquah;the group's chairman,said ' Corn'T'Mtee member et►,,Eugene' way capacity to keep pace with Increasing that Idea—every proposal—will be Prince,from the gastgr i Washington com= traffic volume. considered...and also"We need to be edu- YOU need tQ.be munfty of Tfiorpton,is chalrmai of the N By most estimates,the state now has caring the public on what It means to Involved III the State Senate.Ttarisportation Cbinmittee. a backlog of some$20 billion of.years- them." months ahead. He's$dedicated worker on transports= 'overdue repairs and improvements to.its Thus, in a gathering at a g°ea-Tac meet tion issues He`d gotten np at 4;�i6 that transportation system. Ing room this week began the life of the u =+,a �Q�/ 6_41** morning,to travel tgpokanp;to catch a. ■Most citizens believe that their motor Revenue Committee of the new flight to Seattle,to attend the meeting. vehicle excise taxes go for.transpoitition. Washington Blue Ribbon Commission on December,2000 deadline to finish its work "We also need to be educating the Wrong.In fact,'hundreds of millions of Transportation.:. and report to the Legislature. media,"said Prince. dollars from that fund go to other purpos- Statewide,countless committees and "We need to move a lot faster than Good advice,Across Washington State, es. task forces have,foi years,been studying. that,"Rindlaub added. no one in the news media consistently,. As the revenue committee talked Washington's trarisportation-troubles, " reports on the state's transportation issues,there was scant discussion of Everyone seemed to agree.Around the Usually their work winds up as a report on . issues.Today's.media seems more preoc- Referendum 49,the transportation fund- Eastside and Seattle...in Tacoma and the a shelf somewhere,gathering dust.Their the lurid, with the graphic,the entertaining, ing package on next eaten h's state ballot, VanceKltsap Peninsula...in Spokane... the luiId the oute. That measure was created by Republican warnings at unheeded.Nothing happens. Vancouver—in nearly every part of the leaders.0i the Le isldiiiie.to provide more Tran ortation robleme worsen. Result Washin ton c[tizens even g. P P. state,transportation congestion worsens.' g than$2 billion for transportation projects Maybe this new effort will produce a The state economy has flourished in those who may caught in highway grid- p P better outcome.It began earlier this year recent ye*.But,because it relies sb lock every day have no idea of the o'Ver- though a.dariety of tax shifts. ivlie i Gov.Gait'j:b.g te,iri 1k cooperative heavily on a$ood transportation system, all transportation Issues or possible politi- :.It`s.widely known that-Skip Rflwley iia* action wlth the Republican-led that economy now is showing signs of fai- cgl solutions :i.• s ' riisloi financial supporter for the Ref.49 Legislatute,named the new commission tering,gasping on transportation grldlock. Some fads i�dknowii,to Ynost of the campaign..Ref.49 is likely to win voter and gave-it the.tasir of analyzing Rowley,a political conservative and ublc :. aPProval on the ballot next month , Washington's trans ortation needs and s.` Clearly,liowley's leadership of the Blue P. transporratlon activist,was designated ■Because the bulk of#at sx,1.a.. Rhibon'Transportatioo Commission sends funding issues and proposing long term chairman of the panel•that Is to,do some funding depends on the gas tax,there is a an apol{tical message:A"yes"vote on. solutions. ' statewide brainstorming,searching for shrinking funding base for maintaining Ref.49 will not cause transportation prob- Moie than 70 men and women,a mix of better ways to fund needed transportation and building roads.. lems to go away:You need to pay atten- people from all levels of government,the Improvements. Reasons:The.moior vehicle fuel tax, tion and be involved in the months ahead. private sector,transportation organize- Working with consultants,the commit- now.ls 24 cents a gallon Ne generations flims,and others,were named to the coin- tee started laying out Its own assignments of cais getbetter mileage That means ,, Richard.W. LitrseWs column appears mis'slon.At its opening meeting In June, for the months ahead.There was much fewer tag fiollara fit miles drivi ii:Unlike ofony 2n Jourrtirl Readers may Co-Chair Jon Rindlaub,CEO of SeaFIrst talk about gathering information,"the sales and property taxes;the•gas-tax has contact him via rhe• Internet at Bank,noted the group was given a need for communication and"educating no built-in inflation factor.So,each year, dicklrsn®aoLcmn Crossingconcerns t L' )ANWIMCnARDIN Traffic stops for a freight train at South 180th Street near the Tukwila-Renton city limits. 466 miles of track -.455 obstacles to high-speed rail Stony George Foster thQlkstfor P-1 REPORTER UCODA-The rail crossing gate level-in the 466 miles between at Sixth Street in this tiny Vancouver,B.C.,and Eugene,Ore.With Thurston County town has been so many crossings,safety concerns., T LAS? OF mysteriously lowering when increase along with the speed of the SP H ]t) there's no train on the Burlington trains. L THREE PARTS Northern Santa Fe track. "rhe more exposure you have to train Motorists have learned to wait, traffic,the higher the possibility of an TUESDAY: then cautiously drive around the red-and- accident,"said Michael Rowswell,rail white wooden crossing bar. manager of the state Utilities and Northwest rail planners have embarked on an ambitious$2.1 billion M. problem is we have one crossing 7Yansportation Commission ;.plan to run 13 trains round-trip between Seattle and Portland at to enter and exit out.of town,and it has The Federal Railroad Administration's x,never functioned properly since they put nationwide accident statistics supportspeeds of up to 110 mph and faster to help reduce air pollution and y it in back in the 197os; said David that view.What's still in doubt is whether ease pressure on Interstate 5 and airports as the region grows. Christensen,the deputy town clerk. faster trains will add to the danger at "Particularly on a cold morning,it will crossings,as rail safety experts generally YESTERDAY. :yY arbitrarily o up and down" believe. The ad maintains it has fixed the 'High-speed rail and don't After decades in decline,passenger rail service is enjoying a gate,but Christensen said he and others mix,"said Robert Lauby,theme N nal nationwide resurgence.Billions of dollars will be spent on trains �•still don't trust it.In any event,they'll Transportation Safety Board's rail safety capable of 186 mph and faster as well as development of exotic. «;have to start giving it the benefit of the director. =v doubt But there is little data to support that magnetic levitation systems. Paying attention to crossing pards belief,largely because few American -. and safety systems along the mainline trains run faster than 80 mph. TODAY' will become more important in coming Tlie Northeast corridor,home of the Building hundreds of overpasses to separate auto traffic from high years,with Amtrak running faster and nation's only 125-mph train,has no at- - -'more frequent passenger trams through grade crossings in the 348 mites between speed train tracks is cost-prohibitive,but closing some crossings and Bucoda and other communitiesin the Washington,D.C.,and New London, introducing new safety technology may help reduce the danger. mss_Pacific Northwest corridor. Conn In Europe and Japan,where high- Over the next 20 years,Washington speed trains are common,at-grade cross- i o state,Amtrak,Sound Transit and the rail- trigs are rare. ADDITIONAL INFORMATION: roads are expected to spend about$2.1 There is,however,one indicator of Washington State Department of Transportation Transit Research& billion on track,signal,equipment and increased danger.In 1996,the most Intermodal Planning Divisiom.800-822-2015; -t crossing improvements that will allow recent year for which statistics are avail- trains to reach speeds of 110 mph orable,Amtrak passenger trains were http://www.wsdot.wa.gov/pubtran/rail :faster. involved in fatal crossing accidents at a Amtrak counts 455 at-grade crossings see SAFETY,Page B3 Amtrak:510-238-4360;httpJtwww•Amtrak.com -where track and road meet at the same rossin gguards' .are outdate( Safety.• Old rail c safer is to upgrade electronic circuits before they get dose enough to From Page Bl • ' them It takes at least 1.3 miles to; so crossing gates and flashing signals an,eight-car passenger train ninr rate of 12 deaths per million miles activate earlier to account for the [raveled—nearly twice the rate for all increased speed of the trains. Some For additional reading about at 125 mph. U.S.railroads Amtrak trains typically crossings may also be closed,he said the history of American railroads: New technology is being to increase, crossings may near Niles, Mich., where trains nin faster than other trains. As speeds � y ■ Beebe, Lucius, "Boston tween Chicago and Detroit are exp There's no disputing, however, require more elaborate gates,possibly and the Boston Legend," Apple- ed to reach speeds of up to 110 rap' that railroad crossings are a hazard. with median barriers in the street to ton-Century Co.,1936. coming yam•When a train in the Last year in Washington state,23 keep motorists from driving around ■ Harlow, Alvin, "Steelways area comes,within two or three a people were inured and eight were the gate;as they have in Bucoda. of New England," Creative Age of a crossing, a computer at killed in grade crossing accidents. But the most effective technique Press Inc.,1946. crowing Mmmunicates with the Ii Four-of the deaths involved Amtrak may be a literal application of.Rows- a Itzkoff, Donald, "Off the motive via satellite or microw trains, including one in which three well's analogy of a freeway for trains. Track,"Greenwood Press,1985. exchanging information about the family members were killed when the Freeways have overpasses to separate N Lenk, Walter,:'A Mile-A- tus of the crossing gate, whe Empire Builder hit their pickup buck them from cross-traffic But highway Minute in 1848;'Boston&Maine anything is on the track and the tie at 65 mph at an unregulated private overpasses cost millions of dollars (Historical Society) Bulletin, win- estimated time of arrival If the cr crossing near Wenatchee.This year, each — too expensive for all 455 ter,1981-82. InB a malfunctions-or reports there have been six deaths at cross- crossings,at least initially.Federal law ■ Lyon,Peter,'To Hell in a, underpasses or overpasses on obstruction,the engineer has sev rings,none involving Amtrak. requires rP rp Day Coach, J.P. Lippincott, miles to stopthe train. Bucoda's erratic crossing hasn't any track where trains travel in excess 1968.- Anothenovel approach be caused any deaths,but iYs only one of of 110 mph. ■ Pell, Clairbome, "Mega- tested in Illinois is a metal net sin the risky spots in the tiny town.About High traffic volume in some areas, lopolis Unbound," Frederick A. to those used on aircraft carrier a block from Sixth Avenue, railroad though, makes an overpass the only Praeger Inc.,1966. catch landing planes that go ou ties laid between the tracks provide an practical solution,regardless of speed. 0 Stilgoe, John, "Metropoli- control. In addition to the tradid unregulated footpath for a lot of Ten are planned between Seattle and ran Corridor,",Yale University wooden arm across the road, Press, children that live up on the hill,"said Tacoma to.ease the flow of truck 1983. "dragnet vehicle arresting barriei Christensen, the deputy town clerk, traffic in and out of the ports of N Vranich, Joseph, "Super- raised to snare any vehicle that adding that "there are no lights or Tacoma and Seattle. One of those Trains,"St.Martin's Press,1991. through or around a gate. anlike that" overpasses will be built on South E White, John Jt., 'The North Carolina, along with Twenty miles south of Bucoda in 180th Street in Tukwila,where traffic American Railroad Passenger Norfolk and Southern Railroad,al Lewis County, Napavine School Su- has increased from 29,772 vehicles Car," John Hopkins University experimenting with median bar perintendent George Crawford has a daily in 1989 to 34,648 vehicles daily Press,1978. that prevent motorists from dri similar concern.He worries about the in 1994,when the most recent count around a lowered gate, as we] safety of 20 to 30 children who daily was done. longer gate arms and four-quat ignore the advice of adults and take a The overpass,to be completed by on a locomotive by the Wilmington gates that block all lanes of traffi shortcut across the tracks to reach the 2003, comes too late for Glenn and and Susquehanna Railroad in 1836, �h sides of the track school Margie Nelson,an elderly couple who and hand-operated crossing gates 'The rest is enforcement Those )ids are going to be in were killed there June 5. Caught in were introduced nearly a century ago. education,"said Schultz,the state greater jeopardy," Crawford said traffic, the Nelson's car was on the With trains expected to start zip- planner. when asked about the coming high- tracks when the crossing arms low- alongat 110 mph or faster in the Washington law veb speed trains. Crawford and others ered and a Burlington Northern Santa Pacific orthwest corridor and other to stop at crossing gates requires sig have recently asked the city to build a Fe train traveling at between 40 mph regions,those time-tested gates,bells and prohibits anyone from dr. pedestrian overpass so thd children and 45 One ph rammedthe accident that and whistles won't be enough. Gov- "through,around or under"a loa can cross the tracks safely, aspect ernment agencies are looking at better te.The frac is usually$71. Statewide, about 16 people are bothers Rowswell is the very fad that er to avoid accidents,using every- Ba But f matter what technolo. killed each year by trains as they walk the traffic backup occurred n all.He thing from global positioning satellites used or what the law says,the he on iails away from regulated cross- said backups are' happening more often along the north-south rail coni- that help parole se fast-moving trains factor will continue to cause accid In AugusL ear d Che Like marry of the small towns that dor;where growth has brought more o ogy a new generation of high tedtnol-crossing signals boy tried � nion 1'i .grew up along the tracks,Bucoda and cars to crossings. Napavme have to address rail safety Train crossm&safety has been an With present technology, a pain freight train on his bike by das issues without directly benefiting from issue in the United States virtually approaching at 50 mph triggers an under a lowered crossing gate the trains,which no longer stop there. from the time the fust locomotive.got electronic sensor about 2,200 feet from died at the scene. "We have a rail•system that was up a head of steam.Not long after the a crossing,call the Bate to lower And in Seattle, wooden cro designed in the 19th century that we Stouibrid*e ion s imported efts revete. Iand nt bakes theng bells antni�aboutts to a 0 acre brokes at en oridammaged an Brougham are still to use for 20th-century England • be ss locomotives. seconds to reach the crossing at that 76 times a month, often by vet situations, said Rowswell, the state quired warning whose drivers are trying to bea Utilities and Transportation Commis- Engineers on the Boston and Worces- speed siores rail manager. "Basically we ter Railroad also were "strict]y Fester trains will have to give train have.a freeway for trains...that goes chaWed and exhorted to ring,heirbell earlier•wam a�� approachcere 0 P-1 reporter George Foster through towns." at all road crossings,at least 80 rods crossings, engin• can be reached at 206-448-834: Jeff Schultz, a state nail planner, before they cross." will need to know that crossing said the fust step in making tracks A steam whistle was first installed signals and gates are working well or georgefoster@seattle-pi.can r � �� xr �irYt.- t..S`s r f�''��" 9T y 3" �.i""1"'`•pry` y ,..e. Forces that killed �`Jhegaernet,�s til�lgstLtl sonthefeasialljtXolY.� 11 F d st' ✓ u .r ru.- r ..' • • , Igs sedlagn�fc�evltalfon ram51t1Tar�ous Te I` T, ' rail service a�rerts� a � ge�Me� rn - c '� r9 tit brio In it back am?�9i ��i'a�4�A11V il� 11�ttraen r'.a a can d ac amrti oats ata i yt the ttafn to { �aveigalt nafka�bov ° w - r Zd 1 ;. ,-.��: �'Y Stalor packages ,�--.,==r~ .:,;, - ...-k.• Y - responsible for l..-: Guidance magnets j propelling train' keep train iateralry on track CA. _ .. _,'f x , •,k FSS :r' ' a;- c�„,-lv , ;, '• _ we , + �� +- 'Support magnets F. y attract vehicle from 1► Supand guidancer t „"� below to guideway +w-.sv�l7ee+, •t..a -. ,w ,�,,, � " a„ri.-x: gneare arranged_on 5�. w,vIn.•rwwsroarAnoHcouEcnon-BEVERLY ptwsslarsrorucu.sorgnc +L b'Oth sides along the entire f NK The Boston.&Maine railroad locomotive dubbed"the Antelope,"circaIV OR2 � n length of vehicle 3885.It set a mile-a-minute speed record in 1848.- p ria erg r � xrOPro [�at6l9Mseats�pisec{ rt ; ,sv- c� �z .�� . �4 ►r,��mp�ywe�IghtapproXimafely Cars,9 planes are too S�ICCeSS�II�. �Gane�tetended u tl5sept(on y q, 5 �a0nn taelian SECOND OF THREE PARTS ths Qlkst _ - Assoctnrm ear By George Foster for P-1 REPORTER he race between the train and the clock became serious 150 years ago when the locomotive Antelope covered the 26 YESTERDAY; miles from Boston's Haymarket Northwest rail planners have; SZlnare to Lawrence,Mass.,in 26 ' minutes. embarked on a$2.1 billion plan to ,.:...By the time the iron horse run 13 trains round-trioetween- tteamed into Lawrence,her.gilt- Seattle-and Portland at speeds up to and red lacquenhad blistered from the heat.One historian has 110 mph and faster to reduce air written that passengers riding in a pollution and ease-growing pressures single.coach were frightened into on Interstate 5 and airports.. silence by what was said to be the world's fastest train ride. The steam locomotive,a tech- TODAY: nology imported from Great After decades in decline,passenger Britain less than two decades ear- lier,would soon change the map rail servicels enjoying a resurgence. of the United States and greatly Billions of dollars will be spent an alter the lives of its citizens. trains capable of 186 mph-and 'The 1848 record-setting run faster-as well as develo ment of by the Antelope-a mile a-minute p publicity stunt staged by an exotic magnetic levitation systems, adventurous and somewhat reck- tess•Bostoh&Maine Railroad TOMORROW superintendent.-helped-further a general fascination with train With 455 sheets and roads crossing speed that would burn.for genera- mainline tracks in the Pacific tions,then.fizzle.. - Northwest corridor,safety concerns The heyday of passenger trains eadended from about 1880 increase with the speed and to 1930,a period when railroads frequency of the trains,New enjoyed a near-monopoly on technology may help. ground transportation.Where limes competed and mail contract were at stake,travel time became ADDITIONAL INFORMATION: criticaL Train racers were not Washington State Department of unusual in the early years,'with the fireman stoking madly,cars Transportation Transit Research& i careening in terrifying fashion Intermodal Planning Division: (and)passengers half out of the 800-822-2015; windows cheering,"according to http://www.wsdot.wa.gov/pubtran/rail i an account in the Boston&Maine p (Historical Society).Bulletin. _ -- By the time.commercial air Amtrak:510-238-4360; travel became practical in the http:(/www.Amtrak.rrom See RAIM,Page A7 • • road Administration executive, ex= high-speed rail corridors, Inclu in tetrad why Europe end.Japan have the Pacific Northwest corridor. , Rail: High-speed trams are making a comeback-in U.S. Pn�eated so.. o much in fast trains. "In my judgment, it was a's a41 ; ern "Most other Industrialized conn- but nowhere near the kind of lump- From Page 1 Northeastern United States. hies nationalized their railroads early start that would have really kicked di.a Three ears earlier,Pell had pro- because of high losses from freight as high-speed rail into gear,"said Swift, UA..hi OUDd r. d high-speed I corridor be a wrote. "Run now a lobbyist in Washington,D.C."It 1930s, many American steam-driven pose a h-speed ray rrido well as passengers, he woo y express trams were exceedin loo trms wrtation tBOfrisiOr9 tween Washington,D.C.,and Boston far the public benefit these state . provided some monies for preliminary mph.Some railroads were introducing BeClflp The plan gained speed—and$90 mit- owned operations Invested in the area ,planning." a new phenomenon the lighter Narllinia9 i l lion — with the 1965 High-Speed most visible to constituents.... Lack Just this year, Congress authol g car Idor. �• i po Y PP P p and more efficient streamliner. Ground Transportation Ari The for- of alternative transportation made rued,but has not eta ro rioted,u '• Then,In the middle of the century, w, Empl[t ^ mer Pennsylvania.Railroad kicked in spending on passenger trains a priori- ' to$1 billion to study and plan maglev fast passenger trains began to disap 4- ` ,eor IOiir $45 million, and the project survives ' ty, especially for foreign economies rail systems. pear. Where trains still nrn today," L� ��ir , today as the Amtrak Metroliner, the ravaged by World War Il." With the United States playing travel times are usually slower. The- „t t � ' brlheast nation's only high-speed train. As late as the 1960s,one Japanese catch-up with the rest of the developed Boston fawrence trip today is a 52- itis o ` i niridor in 1970, Congress effectively fila- in 57 owned a car,Itzkoff pointed out. world's passenger rail systems, the mrriute commuter run. tionalized passenger rail service by Americans,enjoying postwar eco- country is looking toward imported 'High-speed trains, however, may ` 'i creating the National Railroad Passen- nomic expansion had alternatives — technology—just as it did in the,dapa bar making a comeback With many �' fi$potheast ger Corp.,or Amtrak,which inherited automobiles and airliners. of the speedy steam-powered Ante; highways and airports reaching capac- Ca Ifornla 1!' J@orridor a tired fleet of coaches,sleepers and Now,having approached the satu- lope.All but one passenger train in-the ity transportation officials in several i dining cars collected.from various ration paint on some freeways and Pacific Northwest corridor wdl use •states are planning big in in corridor.:, u Florida railroads for continued service in a' airports, the United States'again is Talgo train cars imported from Sperry intercity passenger rail.Some mirror ' COPtltlat few corridors. Interested In passenger rail,although for example. Florida's FOX and jhe the,$2;1 billion plan to gradually ` L; Now retired, Pell in a recent . not all of the interest has translated Northeast corridor will use new gen;. improve equipmer�!'existing trach, c "�. interview said the government shaygd into success.tit,1982,Ohio put wone eration Fcanch TGVs bunt byBombar signals and grade crossings in the ,,'... .; ... from his ongiria tan,but"the major cent'salea'tax on the ballot for an$8 diet of Canada and Europes Pacific Northwest corridor between pt thoughts hin it will have been billion high=speed rail system.It was ALTHOM- +� Eugene, Ore., and Vancouver, H.C., - -- — — — Implemented, and thereis always sougdly defeated'A scaled-down bond Why not buyAmencan?'.: ra rAi The Southeast corrtdor:I allowing trains to reach 110 mph in By the 1960s,passenger rail travel room for improvement. issue subsequently failed to make the Two U.S.'firms, General NiOI R places.Others are seriously consider- North Carolina may adopt the Span throughout most of the country was While Amtrak has''stivggle�`to ballot and General Electric, make locg ti-o--' i breakthrough technology such as I J;h4made, Seattle-assembled Talgo viewed as a-"third-rate operation survive,passenger rail ems around ng g ogy p g systems 'The tear was that the state would (fives,but no U.S.firm builds coadJles� car3 for'use in the 172-mile corridor magnetic levitation — using electro- begrodgingly performed," according the world have been speeding ahead have been left holding the bag"i[the sleepers and dining carp magnetic energy to.Gift and propel between Charlotte and Raleigh,with`, to William Tuckeri then chairman of Trains in Italy, Sweden Spam, the ,rail system lied.defaulted, said Lou Frankly;'said"Rick Remingtr3; g guidewa (lihire.expansion to Richmond, Va. the interstate Commerce Commission trains along a y United iangdorri and Germany rou:>:'.Jannazo of t�ia Ohio Rail Development spokesman for Amtrak's North States and„ ns with Active Details are sketchy and no funding In 1961,a Senate Commerce Com- tine travel at more than 100 redo 'iotiice has been identified �! Commission corridor, "crap of the hopes,ofiLsp high-speed rad'pli ns include: mittee study concluded intercity rail mph. Japan's Bullet Train has been And a Texas venture to create a program is to restore that industry in. ■CaWornta:A state panel has A-The Chicago;,hub: Faster "serves.no locations which cannot be updated and how operates at 186 mph, high-speed n3iFtriangle joining Hous- this country recommeaded'putfi tg.up'for a vote in s ice.between-the iilrl}(.City anct adequately served by air or highway." as does the French TGV (ruin,a ton,Dallas and San Antonio tailed in Along wrath the tulle a-minute train 2000 a Proposal-for.,9 S20 billion rail "' But that same study determined Grande Vitesse,or"very fast train'). 1994 for lack of private capital. tide,or something a bit faster. , em UrSktn the Area, Sacra- Fghtlensity , ith population growth,passer- The TGV is the world's fastest train; Irl 1994;,the Swi(t Rail Develop- syst g i Y Detroit over existing track is expected f"mento, Los''Angeles and San Diego by 2000,with top speeds of 110 mph rainsmight make a comeback in able to hit 320 mph ment Act (named for its author, S P-I reporter Georgafbster - with 185 mph trains.Magnetic levita- Improved service also is 10 rap d urbim areas outside the European train designers have former U,S Rep t.Al Swift,a Belling- can be reached at:206#4&8341 tion trains are a consideration. . between Chicago end other major Eastern corridor. That prediction developed lightweight locomotives ham pL(&rrat).lmosted interest in or georgefoster@seattle.pl,cdin. f The Northeast eorridor: Midwestern cities,including other Louis, came true just three years later— in and ears that allow economical opera- The 125-mph Metroliner service be- MinneapolisSL Paul,Omaha,I{ancaa Japan tion at high speeds. l low center e tween Washin on, D.C., and New City and Cleveland Safer highway-rail In 1964, Japan unveiled its 125- gravity end wheels placed under the mph Shinkansen,or Bullet Train,with connections between roaches provide Fork City will increase speed and be crossings.are being tested in Illinois the first leg of the system from Tokyo stability around curves. extended to Boston by late next year. and Michigan to Osaka coinciding with the 1964 And as Amtrak and its.allies rally To.do this,Amtrak is adding 20 new While having much In common gummerOlympics in Tokyo. to start high-speed'tiain service in h„atn sets made byl;;Bombardier, a with cross-country passenger trains of The train was an inspiration to limited areas of the United States, Canadian company, and ALSDOM, a the past,these efforts all are creations Cluborne Pell, a freshman senator Germany in May announced creation European consbrtiunq capable of 150- of government,not the private sector. plp)i speeds. Commercial railroads have so far I from Rhode island.In his 1965 book of a management and marketing firm �A The Empire: Amtrak, New shown no interest in resuming passer- 11 scribed the Japanese Unfound;' Pell de- first spend er5. billion oe the world's ik state and the railroads are ger service. scribed the Japanese line as"a shining fust commercial megnetIc levitaan n4 le of what can be done usingtrain, which would luck Berlurand; ating track improvements to The demise of the nation's passen- technolo to its limit" HHamburg by 2005 ieeras-speeds on the New York City- ger rail system has been attributed to drew.existing parallel between Tokyo and In.his 1985 brak?Qffie�Tr , any.Buffalo`rhute..4'114 speed be- - competition from the automobile and Osaka,Japan's largest cities,and the Donald;Itzkoft�i now- een New York.,City';.annd Rennsse- airplane,greedy labor unions,abusive er;1VY,:isl.Mi1o'riiph,but apeeds railroad practices,unfair federal regu. iii Wes'teYn i.Nt:w._,lj0 are much lations and lobbyists seeking ever Dryer."Fli(iiGe weeds'th8ve yet to.be more money for tughways. As tars and airplanes came to datartriined,.l1.�'.��.,i'r.. u� Fleirida.;Over�e4d Express: dominate travel after World War Il, 'Mrs bash ori h4re bli rail system hauling freight became more profit- >ii a rpected to hit speeds of 200 mph able for railroads than moving passen- orra separate 320-mile right-0f--way gem Government, spending heavily between Tampa,Odarldo and Mlami on road and airport construction,saw by-..20G4. Florida is ;pending $70 little reason to subsidize ailing passen- million a year on FOX and may also ger rail service. seek federal loans. i 7 1 i to-G.qg Stories b George Foster. P-Ithe . EPORTER n a yellow-brick factory off Eas those traveling between Seattle and �t for Marginal Way South,Boeing once Portland.Transportation planners hope produced Minuteman missiles and Amtrak competitive ourwith off t and mak the lunar orbiter-hardware . lanes And if more people take the train, SPEED bygone arms and space races. P Today,high-speed passenger there might less need to add lanes to trains are being assembled in the for- already-congested Interstate 5,or build more mer aerospace plant Although based on airports. Amtrak,which is enjoying renewed 19th-century technology:flanged steel eed rail service around the FIRST OF THREE PARTS wheels rolling on steel rayls-these Talgo interest inhigh-sp nnual corridor reaching . trains are the hardware ofa new mulb'bil- nation,foresees aridership in the g 1.9 lion-dollar race-a race against time mile pacific Northwest TODAY: Four train sets of 12 cars each,bedecked million by 2018-provided trains run fester• Trains.whipping along at up to 125 mph in a Northwest-inspired"evergreen and dou- and mort often.Yet,questions remain• for � ble lane"color scheme,wdlroll'out of the will pay the$2.1 billion or more.needed for between Vancouver,B.C.,and Eugene,Ore., equipment,st plant next month.Coupled with new fast nal and rrosed are expected to reduce air pollution and and fuel-efficient diesel locomodves,-they'll improvements to operate high-speed trains ease pressure on Interstate 5 and airports as replace older Talgos now leased by the state; in the Pacific Northwest corridor?And will the region grows. and still older conventional Amtrak cars in : enoughmit people choose�e to ride the rails to service between Vancouver.B.C.,and Eugene,Ore.Washington state and Amtrak 111e next big step . TOMORR' OM. will split the$4o million cost of the four After decades in decline,passenger rail trains,which will be operated by Amtrak, service is enjoying a nationwide resurgence. the federally subsidized rail passenger ser-vice. While the Pacific Northwest Pro�ce,, includes two states and a Canadianian pro. Billions of dollars are.being spent on trains At Wit,the 244-passenger Talgo trains most of the focus on high-speed rail has ttl capable of 186 mph'-and faster-as well - w the� t slow,the track.But e been four train trips daily.If 86-mile stretch between Sea e as development of exotic�magnedc levitation mph track improvements,speeds the most heavily traveled section o the systems, "could hit 110 mph and even 125 mph in route,and the cines have close economic some places. - , . ril nail travel time between the THURSDAY: Why the quest for speed. In Ap Right now,trains in the corridor a ,with 325,000 of See TAI.GO.P°ge`'18 With 455 streets crossing mainline tracks in about 500,000 people the Pacific Northwest corridor,safety concerns increase along with the speed of Pacifica Marine the trains.New safety technology-may help. mechanics Sid Cookson,left, 4 and Terry 4 ADDITIONAL INFORMATION: r s' Stanford install I Washington State Department of y an emergency I Transportation Transit Research& '- window m a r� Talgo passen- intennodal Planning:Division: ger car at the WO-822-2015; company's Fast http://www.wsdot.wa.gov/pubtran/raiSouth l S1ar�nal Way factory. Amtrak:510-238-4360 -http://www.Amtrak.com • C ` T*os are popular Tal gO■ Once yon To meet growing demand and maty reason for improving rail ser- t 1 to further build business,the state vice still will be to divert people out r Qin ay paid about$2.7 million to of their cars,not out of airplanes, get over e-�O mph add a fourth adailylga Beattie-Portland he said � I round trip.Talgo cars were chosen /�trains cut�� s a because of their technology and though,airlines may eventually feel d ( because they are a drawing card. the competition,Amtrak's Mallery � .gets expensive ; Each d dining car,to has abistro said car and dining car,televisions for That may already be the case. movies and broadcast programs in Some of the strongest opposition to WNed computers.each car,and plug-ins for laptop government spending on high- ;ft Page I I r CllrrW dates speed rail comes from regional and Deities was ctrl to 31/2 hours when `The Talgo has helped to recap, commuter airlines,such as Seattle- -the Federal Railroad Gil Carmichael,the Bush ture,a segment of the market- based Horizon Air,which flies 64 'Adminisnation finished assessing administration's federal rail admin- place,"said Mallery,the Amtrak times daily between Seattle and istrator,has described the Pacific executive.`With air conditioning, Portland. ! the'safety of the Talgo•cars and Northwest corridor as the nation's large windows and video,they High-speed rail's1puld stand ;iuthorized them to increase speed, ;':4lting on specialized suspension mast promising venue for high-, (passengers)have said This beats systems as they whip around cor- speed cart sitting in traffic'•• on own, government ners.Conventional trams make the , He gives two reasons: Which is exactly what the state said Horizon spokes- •fiip kn just under four hours. Increasingly busy I-5,which paral- wants them to say. woman Sue Warner-Bean.'It is That authorization was a break lets the rail corridor,and"a short- "What we are trying to do isle odd to us that the government &&ugh in the quest for speed.The kraal market that is inefficient for solve a problem of moving peoe train between cities and avoid building ldi would take the taxpayers'money •iiext big step is to trim the trip to airlines to serve. (and) or six more lanes of highways,"saidstateand use it to compete"with airlines. three hours,l5 minutes-perhaps' i3,equal(m capacity) Re Korea Schmidt,R-Bainbridge Beth Harbin,Southwest i. commuter flights:' P• Airlines'Pacific Northwest regional three hours fiat-with eight trains Relatively few people travel by Island,chairwoman of the daily by 2005. Transportation manager,echoed that. ' To hit that mark,ttains now ' •train,but riding the rails appears to Legislative Transp (high-Weed rall)means govern- limited overnlimited to 79 mph by federal regula- be making a comeback.Ridership Committee ws meat subsidy,we are opposed to tions would have to travel at 90 ih the Pacific Northwest corridor No ektravel between Seattle that.We are otally comer-dri- hph in some places-the minimum vias up 16.6 percent in the fust six many people speed to be considered"high- months of this year compared with and Portland but most do it by car. vanIn fact,airlines benefit from - speed' rail service.This advance in the same months last year.The The most recent statistics available government support for aviation speed would require locomotives to increase is attributed to increased show that in traveled about d1-5 bet incl- nd ort construction,which is I-be equipped with•a system that service and introduction of the lion vehicles traveled I-5 between largely covered by taxes on airline {,alerts engineers to hazards miles Talgo cars. the cities. ithead.Also needed are additional In a 1997 survey,the state Charles Howard,the state flack,upgraded crossing signals Taansportation Department found Transportation Department's plan- tickets and aviation fuel Passenger and warning devices.The cost: 'that people who now ride the trains Hing director,said that before the rail has no comparable funding I- million,according to the 1997 Bite the ability to relax and avoid state decides how much to widen ! source. i° the freeway to accommodate still "Twentieth-century American.: ;Intercity Passenger Rail Plan for the stress of driving.Ambience and Washington state. low cost are also attractions. more cars,it wants to offer rail railroads have not received strong,. After that,the next goal is to -. Bary Thomas,a business con travel as an alternative. consistent support from the nation, ..have 13 trains daily at speeds up to i'sultant with the Frank Russell Co. But while pains can help ease al government America's]awmak 'i�0 mph-perhaps even 125 mph- I of Tacoma routinely commutes to the pressure,no one expects them ers have...authorized only rely -, n�aldrig the Seattle-Portland run in Portland.He became a convert to to eliminate the need for I-5 ! lively modest and sporadic capital 2x12 hours by 2020.The Seattle- I -�- improvements.Even with increased ' investments in railroads of any ; :ltnncouver,B.C.,trip,by compari- 4 """' rail ridership,I.5 traffic between kind,"wrote James Dunn Jr.of ! s-n,would be just under three j trains last October when he corn- Seattle and Portland is still project- Rutgers University and Anthony ! .. time hours. i pared the me and cost of driving ed to reach 70 million vehicles by Peri of the University of Calgary m; ,. 1 ,;•' Reaching that goal would cost I to'Sea-Tac Airport,parking and fly- 2020. a 1997 article for Scientific iirother$1.2 billion,not counting ing to Portland,renting a car there Getting more people to travel American magazine ,station improvements,operating and driving to a downtown hotel. by train is also seen as away to {r-&sts,land purchases and addition- Thomas now boards the train in-_..`� ease pressure on,but not replace, See TALGO,Page A9 at tram cars• the region's congested airports. Tacoma and takes a short cab ride >i 'Once you go over 0 h from Portland's downtown Union Nearly 19,000 flights left Sea-Tac !.•Flea it gets expensive said DJ Station to his hotel. bound for Portland last year.Only ]tiitchell of the Burlington Northern; 'The train is actually as fast as the San Francisco Bay area is a Santa Fe liailway,wtuch owns flying,"Thomas said.`7 can rest more popular destination most of the tzackused by Amtrak and work on my computer all the But while there are a lot of 'ii the corridor."When you go 110, i way down—and eat dinner on the planes shuttling between the two Iu will overtake the(freight)train! train•" cities and taking up scarce airport tead of you very quickly," Other frequent Seattle-Portland capacity,a relatively small number `Mitchell added. travelers say they have considered of people make the trip.About 24 The high cost of high those the train,but it isn't right for them million passengers passed through makes it 17cety that reactuag yet Sea-Tac last year,but only280,M oafs will require incremental con-. Jim Donohue,a partner in the -fewer than 800 � traveled +$hvctron of nailbed and track to law firm of Miller Nash,flies from between Seattle and PorUand separate passenger trains fromi his Seattle office to the Portland eighttraits some places•At thehome office a couple of times a bers eddttoPtopp 35gmililli million hm y -same time,Amtrakwouldgradual-j month.He said he would take the 2010,Sea-Tac is Diana Krieg is branch manager undertaking more ly increase the frequency of its I train if it ran more often than$1 biDroa inand tiains in hopes of attracting more passengers. of Mutual Travel of Seattle,which other improvements,including a "We are making im'estmeais books trips for hundreds of busi- I vcontroversial third runway. v er a number of years,with each nesses.She said it's been years "Trains could help delay the iavesaneat predicated on the mar- since her firm made train travel need for a fourth xrmway or a new lien success of the previous one, arrangements for a client headed to regional airport,but I think we will still need expanded air capacity 'sakd Gil Mallery,president of Portland.But Krieg said that could ,•• Amtrak West change-if the trains change fust said Stan Buchan,spokesman for "If(trains)were faster,some the state Transportation people would take them,absolute- Department's rail office.The pri. I ly.There would be a huge cost sae ! Ings for the business traveler,"she said,noting that round-trip Seattle- Portland air fares can be several •. times higher than Amtrak tickets. Ato`to rail traffic and high-speea arhington Department of T t � R rt, i -ffi e. r Y r; "� require these track et f ve to 20 years. H C 0 L U M H I A ue- 620.Amtrak estimates$45'A ;':• ' gh speed rail funding from Canadlan contribution (�eW`ik e3 r pity 2002 2005:Extend siding about 1,000 'S` ',�.q T s�ri,cw �. � r {egf at Cllkleri$3 mil ion minion. t _ 'Ft *� ;T � i C11s e� ��"20{7 2040:Siding extension signals and . t �•. ntftertldgal improvements between 0elb06ha6i and Blaine. 2005:BelMgham mainline Putting the right train on the..ngi�t trapl<would, 4� R, relgcatlon end siding extension.$30 x > , -$.40 million. `r A trim the travel time from Vancol� er,g C+ � y r t �; � 282h:Increase rail capacity ' i ' 4`i �� along Samish Bay with signals for o NtJt k `F 4r,S8fTi($ �8)/Y r 1 ' siding and mainline. . Portland by more than two, extension for 1.2 miles, frequent trains moving at 1 �kph ar faster, J r k $3 million$a million. > a� -,roiunt Vernon/ the Pacific Northwest Rail Corri�o�could hey '4' ' �* x WUrhngion r , t Iwc a ,< ' , r .`SfEanvvood n 2=-2005:Stanwood 7r siding extension 1.5 ease traffic on Interstate 5 and congestion miles,$6 million $7 i }P J 5r million. LAMES PPIQWIDIN the region's airports. ; t •, t4.JI r c .- � rv�`srr�°rr4� y'•+�y�, �'�1 r 2Q17.21120:Track and signal. na -jmprovements from Everett Into Ken Woods removestope and overspray as the finish- * r 9a ' ;� 'R x' r ' rr� Skagrt County. iug touches are applied to the Talgo train cars behind =� ,'•`'fit r�5 ' � '', 9�t,$ dtSift the South Seattle assembly plant. ' 1' t "i a ' . .. '`�'x ,�?:� t`'� r ♦:I gxtA�ion,one mile,$5 -$6 million. The train I In the 1940s,Spanish engineer Alejandro 20022005 Jmprovemer¢sio drawbndgesatla uthotSnotiomishRdrertL t. Goicoechea came up with an idea fora 53 mlllron$4mil ion i lightweight articulated train with a lower Everett center of gravity and wheels mounted wY � +�, Mlwiteo where the cars are joined.This ensures _ ®2oozzoo5 Mulexeo'da,ae } } ,` R''addngforthte"uartermile,$7 the train's wheels always ride parallel with gtlulon8►n11on the track,avoiding derailments and making --MMOZ20M Edmonds double I the ride smoother. q 2tt072IDf5 Ballarddodlsle I t�acrungfortwomiies,38 traekiggfoF 0 5 mile 53 rRllion ! + illilllon. In 1980,Talgo came out with the first n ton r wu ny '_�',- �2ti17.282o Track and signal pendular suspension system for passenger,; ?DO12005: effigdoublegackin�fa�abouj •,� 'EovemerrtstromEdmonds: miles X25 dldilon $2 -M illon —. Doth to Seattle. . trains,which allows trains to round corners r ``^ �,2mT+2020:T€ackand 1 at higher speeds. Aunp�vetpeirtsx st ,t _, �zat7-w Portaccess and' 2002 2005 Seattietracli r improvemems s redesrgnforgortaccess` '' ■Ipp2.20M Addibonaltrackandra7 1 ; y fCent n from Tukwlatorehab=oKent$17 {j mllion-S19 mahon. 'Auburn r +7acama ■20D2.20MAdMonal Wheels and rVt tz&atAubum. By raising.the IAOhnslan Fr ! suspension and spung§(d {sa ti 5 �, v P�zj� 1 where cars �ylindriralm�sj,3boye ? u x ' `r .��p'1.2003 Point Defiance bypass, connect.• the ta3rdei ot9r.Iv1Yr �hout20 miles,$85 mllior$110 cars tilt inward wrlen + ' million to Increase track capacity and rounduiacurVe Iikea .•Olyq�pila " v penduluhr This reduces ►edfrce Laval time. the eotik Centnfuga] < LnceSt ®IYjmpla 21117-2020 Improved rill access to A ' folcethattnal®s b g. ��;4 , rgriahacorna. i passeng(S. � -drid'mfortahleand lr allawsttainslO uavef s5 " '� a'201I2D20}Ilgtrer;geed mainlne requiring track lasteraround curves, ` , t f ,�' (mpravemerits�poesiblaf g ade separation and rad lane , :Y d`` . (OseTr�g foniiali�ahgn and closure. t V LW rJKPlaae ��s Qeefralla .F 2DW2IMGdntiaa9drgggzte.. nsion, •r op -� Hodzonta[plaga 'a�ffSnilS14m11 �tl5mdkoin �;.y-1, 1 'rJY' ju t 3 � .-ft G•w' le L.sC"^ni.' .{..Arii+'`r,4'Fg' r-,_ { LH 1 .� !' � 5 f KEY an stop ti�, r r s' FJsl phase of project 1 F O'Second phase of project Pendular Talgo VI 50 l '. , ..� ��w�•".ri 3 ' -�. �_ Mlles ' r ^��"��F�n+'k•.f4 � ->l(er5a�L011�YIeHF e4 .y::+' I t I a = `eJ20AtirdmalnlPneat9chetvueenLongviewand i sr3 15 ,��[QIBma abqut 55 mires; 49�nlliarh 6U Snillion. vqu:.; ::• -Eaesenp9� tin' a=✓°' �"� _.+�•- ,*`^ r id '• �torrzonlafpt Heil 20 7202�1irgherspeed mainline I ` i imRrayer�enis'jLossitile g[adeepprati j �; '` = r�-�dnso Qaagd,closUre. Track upgrades at Vancarver r'� 'Yaf C0111�e� s?P?ratefreightandpassengertreinsand t rel�rairgestion.$18 mimcn•S22 m10on. Conventional train w _ N r Saorcr:WasnirtpronSeteOeportmentotTrinsoor_utlon,Titpo: -�+ �� ISL _ :^�°•,_ 7i .y..�` t -- SLACY IIMNERSIR•I 1 Monorail council wants to try a mino-mono' for size s By GEORGE FOSTER COMING TOMORROW p= Admitting that a 40-mile monorail isn't in the tfkSt cards, Seattle's Elevated Transportation Council is studing an alternative"mini-mono." for The council has developed a hypothetical 2.3- Q mile monorail system that analysts call potential- ly profitable— at least on paper. Council member Thomas Carr regards this as "exciting news," but says he is not ready to ti t) Ee ouring concrete.The attorney said he first "somebody in the investment community ■After decades in decline, passenger a look at the numbers." rail service is enjoying a resurgence The new monorail scenario is a far cry from nationwide and in the Pacific the vision of.cab driverAransit activist Dick Falkenbury, who last year pushed the ballot Northwest,where trains racing at- measure that seasoned political operatives 125 mph will shave hours from the thought would easily fail. trip between Vancouver, B.C., and Inspired by the mile-long 1962 World's Fair attraction that still shuttles between the Seattle Eugene, Ore. Center and downtown,.proponents called for a Beginning tomorrow,a three-part system linking the four corners of the city. series looks at what it means to the gee MINI MONO,Page A8 Pacific Northwest. 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Army's Fort partnered effort to Lewis and in,the state capital. - - = rehabilitate abandoned rail facilities to Class 4 ' Cities in the Thurston - rail operation, and = _ - - _=_ --- - region have adopted significantly improve - _= strong growth . - freight and passenger IT, management policies - -- =- movement in the South that promote PugetSound region. - - development within = existing urban areas. The.Cities of Yelm and The greatest challenge for densification,however, is _ Tacoma have acquired accommodating the corresponding increase in surplus rail line from traffic. Proposed commuter rail service along the Burlington Northern/ current freight rail line would act.as a catalyst for Santa Fe to preserve rail access. Combined'and 'densification,by providing an alternative upgraded, they offer an exceptional opportunity to transportation network through the urban core. improve rail and highway congestion in the I-5 corridor from Tacoma south toward the Portland The FAR corridor is being developed through a environs. * partnership of thirty state; local, private sector and �_ advocacy entities.The Thurston Regional Planning Although interstate �o�Q Council is allocating improvements are $340,000 of regional - crucial,alone they _ = STP funds to assist in - will not be able to - _ corridor acquisition. - -- meet freight - capacity needs.For As exurbah develop- less than the cost of two lane miles of interstate ment reaches out from . construction in this area,the FAR Corridor will the Seattle/Tacoma provide almost 55 miles of class 4 rail facilities to metropolitan area to the which interregional freight shipping can be diverted. independent Olympia = __ environs,the blending Relieving freight traffic on the single main line will of growth.and economic M. allow the southerly extension of the RTA commuter activities will be greatly - rail project currently underway in Seattle and influenced by the way Tacoma. Commuter rail service would then link common transportation. Seattle to affordable exurban areas,as well to needs and issues are addressed. oup-� 14 d -� Tq'�ctnsan65� Clauam �O '.7 vt tt Snohomish G 144 a ®NSF Jefferson Q 1tSa _ tv Po hard King . Mason p a �. Grays sheitn Harborp ! � `< a .,. • AberdO d Q p R w u Monte i 0 � w p � .,o _ = appy �, ,■, O t Pierce , llv Thurston �u Centralia . souChehahs Lewis 122 _= Pacific r■ pt _Wah um ® Cowlitz Skamania u CatblW LBt 0 - 41t pe N Freight Access by Rail (FAR), Corridor UP-Union Pacific USO-United States Govt., TE-Tacoma Eastern W CO-Weyerhaeuser Co. BT-Ballard Terminal CMER-Curtis Mibum and Eastern BNSF-Burlington Northam' PSAP-Puget Sound and Pacific FAR Corridor 10 0 io Mees THURSTON REGIONAL PLANNING COUNCIL 2404 HERITAGE COURT SW#B OLYMPIA, WASHINGTON 98502-6031 Members: City of Lacey Mr. Gene Fong,Division Administrator City of Olympia Washington State Division Office Federal Highway Administration City of Tenino 50.1 Evergreen Plaza City of Tumwater 711 South Capitol Way City of Yelm Olympia, WA 98501 Town of Bucoda Town of Rainier RE: TEA-21, Section 1221 application, FAR Corridor/City of Yelm, Washington Thurston County Intercity Transit Dear Mr. Fong: Port of Olympia The Thurston Regional Planning Council(TRPC)supports the City of Ye1m's Griffin School District application to assess the feasibility of the Freight Access by Rail (FAR)Corridor North Thurston School District concept. This project has exceptional potential to relieve rail and highway freighti Olympia School District congestion in the I-5 corridor from Tacoma south toward the Portland environs. By tt,, Tumwater School District upgrading and using an existing rail facility, it also represents an exceptional value in '•.\ Yelm Community Schools transportation funding investment. -, ; Nisqually Indian Tribe TRPC believes that the FAR Corridor will also be essential in implementing Washmaons growth management mandates for'this region . By relieving-,freight capacity, FAR should enable„comm uter and"pas'sen.ger rail to serve exis'tmgrurban areas, Charter Member Emeritus: reducing sprawl and preserving the economic base and character ofarea communities: The Evergreen State College The key to implementing the FAR Corridor is a feasibility study that addresses issues -. raised by the thirty partners interested in pursuing this project. Federal dollars for the study,therefore,can leverage state,local and private development funding at about 125- Harold Robertson;AICP to-1 ratio return on investment.As the region's metropolitan planning organization, Executive Director TRPC is demonstrating its support by awarding$340,000 of regional STP funds to Yelm to acquire Corridor facilities. Sincerely, l / (360)786-5480 �udy Wilson,Chair FAX 754-4413 Thurston Regional Planning Council Providing Visionary Leadership on Regional Plans, Policies and Issues AGENDA ITEM #2 THURSTON REGIONAL PLANNING COUNCIL 2404 HERITAGE COURT SW#B OLYMPIA, WASHINGTON 98502-6031 Members: 1ViFM0 ANDUM City of Lacey City of Olympia TO: Transportation Policy Board enin T City of f o FROM:. Jude Willcher, Senior Transportation Planner City it Tenin r City of Yelm DATE: November 10, 1998 Town of Bucoda Town of Rainier SUBJECT: Regional Rail Initiatives Thurston County Intercity Transit Port of Olympia PURPOSE Griffin School District North Thurston School District The purpose of this agenda item is to: Olympia School District Tumwater School District 1. Review recent regional rail initiatives in Thurston County and learn how Yelm Community Schools these are related to larger statewide efforts; and Nisqually Indian Tribe 2. Take action on a recommendation to amend the 1998 Regional Transportation Plan Update to include these initiatives as part of the region's transportation strategy. Charter Member Emeritus: The Evergreen State College BACKGROUND In November, the Thurston Regional Planning Council allocated STP funding Harold,Robertson,AICP for a railroad right-of-way acquisition by the city of Yelm, as recommended by Executive Director the TPB. The line, currently owned by Burlington Northern Sante Fe (BNSF), connects the downtown and industrial areas of Yelm with Lakewood in Pierce County. This is the northeastern segment of the line that has already been abandoned between Yelm and Tenino. The city of Yelm is seeking to preserve the'Yelm- (360)786-5480 elm(360)786-5480 I pqZ se ment�as an operating line due to the importance of freight rail in FAX 754-4413 attracting and retaining quality manufacturing businesses. It will also provide the first viable option for this region to link up with the Regional Transit Authority's (RTA) commuter rail line which will terminate at Lakewood in 2000. Providing Visionary Leadership on Regional Plans, Policies and issues y ' r MEMORANDUM :SI Page 2 November 10, 1998 The city of Yelm's rail project is one of several regional rail initiatives that have surfaced since adoption of the 1998 Regional Transportation Plan Update (RTP). Others include the Port of Olympia's proposed enhancements for freight rail access to the marine terminal, and the Freight Access by Rail (FAR) Corridor project which will free up capacity on the mainline for high speed passenger rail, and I-5 roadway capacity, by providing an 'alternative corridor for freight movement by rail. In addition, several light density rail lines that currently serve existing industrial uses, and which-are at-risk--of-abandonment,'ore-attracting the attention"of potential short-line operators and agencies'who want to keep them operating. At your November meeting you will receive two briefings on regional rail initiatives: • Mr. Ray Allred, a Rail Planning Specialist with the Washington State Department of Transportation, will discuss the state's interest in Thurston County's rail initiatives, and possible areas of financial support; and • Jude Willcher will describe the FAR Corridor initiated by Yelm's railroad acquisition, the remarkable coalition of public and private partners who are lining up in support of it, and its long term implications for the region's transportation network. ISSUES At the time of the 1998 RTP Update these current and potential rail initiatives had not surfaced. Consequently, there is no language of support for them in the plan. The State is updating its own transportation plan at this time (Washington Transportation Plan, or WTP), which will draw heavily from policies and recommendations included in regional transportation plans. The WTP will then be used to help prioritize funding for projects around the state. In order to ensure that the region's rail projects are not disqualified or penalized in upcoming state funding processes because of their omission from the Regional Plan, it is prudent to amend the current RTP to acknowledge their importance to the region's transportation network. This may also enhance the ability of these projects to secure federal funding from other sources. Following is suggested language to amend into the 1998 Regional Transportation Plan Update: Policy 2.12 Explore the viability of commuter rail connections to the Regional Transit Authority's `Sounder' rail line in Lakewood. e c y MEMORANDUM Page 3 November 10, 1998 Policy 5.4 Explore the possibility of expanding mainline capacity and I-5 mobility by developing an alternative corridor dedicated to the movement of interregional freight by rail, as envisioned in the Freight Access by Rail (FAR) Corridor. Policy 5.5 Iii'conjunction with public and private partnerg, work to preserve and enhance service on branch lines, and promote continued service on light density lines at serve Thurston pounty communities. In particular, recognize the importance of), the Yelm-to- line as an important light density line vital to the economic,C health of Yelm and southeast Thurston County. Policy 5.6 Support Port of Olympia efforts to secure state funding for improvements that enhance freight rail access to the Port's facilities, thereby increasing the region's ability to attract and retain manufacturing-based businesses. Policy 6.5 Work with public and private partners to maintain railroad operation on branch and light density lines, minimizing the loss of operating rail lines to the status of `protected right-of-way corridor.' Policy 6.6 Work with communities and public agencies to address rail-related safety issues. Responsibility for authorizing an amendment to the 1998 RTP Update rests with the Regional Planning Council. REQUESTED ACTION: 57:rbltnns/tpb/111 S r&U.wpd Attachment (Colored Map) SLADE GORTON COMMITTEES: WASHINGTON APPROPRIATIONS 7301 HART SENATE OFFICE BUILDING BUDGET (202)224-3441 WWW.senate.gov/-gorton 'United �tate,� senateANDCOMMERCE,SCIENCE, TRANSPORTATION WASHINGTON,DC 20510-4701 ENERGY AND NATURAL RESOURCES INDIAN AFFAIRS September 18, 1998 The Honorable Kathryn Wolf Mayor of Yelm P.O. Box 479 Yelm, WA 98597 Dear Mayor Wolf: I am writing in support of the City of Yelm's project proposal that will further transportation in Thurston County, using TEA-21, Section 1221 funding. It is my understanding the funding will be utilized to assist the City with the purchase, operation and maintenance of the Roy-Yelm Shortline from the Burlington Northern Santa Fe Railroad. The railroad project is clearly important to the business community of Yelm by providing the opportunity to preserve and enhancea vital transportation link in Thurston County for both passenger and freight rail operation. The City of Yelm has already enlisted financial support for the project from a number of sources to provide matching funds for the grant. These other sources include the Port of Olympia, Washington State Department of Transportation's Rail Program and the private sector. I am pleased to learn that the City of Yelm is taking proactive measures to preserve this section of rail and to further their economic development. I strongly support your grant application and hope it will receive the highest possible consideration. Sincerely, SLADE GORTON United States Senator 10900 N.E.FOURTH STREET 11120 GRAVELLY LAKE DRIVE SO. 130 FEDERAL BUILDING 697 U.S.COURT HOUSE BOK 4083 8915 W.GRANDRIDGE BLVD. SUITE#2110 SUITE 08 500 WEST 12TH STREET W.920 RIVERSIDE AVENUE 402 EAST YAKIMA AVENUE SUITE M BELLEVUE.WA 98004 TACOMA,WA 98499 VANCOUVER,WA 98660 SPOKANE,WA 99201 YAKIMA,WA 96901 KENNEV I K,WA 99336-2125 (425)451-0103 (253)581-1646 (360)696-7638 (509)353-2507 (5091248-8084 (509)783-0640 PRINTED ON RECYCLED PAPER ®f IH, t Ci Pf Yelm 105 Yelm Avenue.West Y3M P.O. Boz 479 W�HN�oN Yelm; Washington 98597 (360),45&3244 September 3, 1998 . Thurston,Regional Planning Council "1404 Heritage Court SW :Suite B' Olympia,WA 98502 tx� RE: Meritorious Grant.Application-Yeliu to e ewBurlmgton Northern:Santa Fe";" Branch Line-Acquisition _, Y"` 7 The City of Yelm is applying for$340;000 of grant funding. The grant funds will.be utilized for the acquisition, maintenance; and operation of,the Burlington Northern Santa Fe Railway (BNSF) branch line running .from Lakeview., (Lakewood) to Yelm, . Washington. The approximately 15-mile long line currently carries freight traffic as far south as Roy.. The portion, of the line from Roy to Yelm is eurrently.otit of service due.to a lack of traffic in'recent years. In mid..1997,the City became aware of BNSF's desire to divest itself of the Roy-Yelm segment, either by sale or abandonment: -A.-committee was formed.to attempt to preserve rail service to Yelm and to explore utilization of the rail corridor•for additional-uses..besides freight rail traffic. The committee has met.regularly, and'demonstrate&community support to preserve the:.rail line- and ineand to'pian for its future use: A strong partnership between the.City.of Yelm, the Port"of Olympia, .the Economic Development Council of Thurston County, the _Yell Chamber.of Commerce, and a number of local"businesses is actively discussing acquisition with BNSF. Since the beginning of 1098,the group has commissioned an inspection and condition.analysis of the line, met with officials of'the BNSF, confirmed the need to".preserve the line, and.formed a 'nucleus of community members who I are committing both their time•and financial resources to the project. The group has come together to preserve and improve this transportation asset... The condition of the rail line is generally good.along its entire length-with.a recommended track speed of 25 MPH. There are currently, two major shippers on the line. Fort Lewis ships approximately 1000 cars per year to.various destinations from their Logistics Center. Wilcox Farms receives roughly 500 cars per year at their facility in Roy. There is good potential for developing additional traffic from industrial users between Roy and Yehn. ycW pap- Besides the freight traffic; the line is an excellent candidate for a commuter rail operation from Yelm.into Lakeview. Sound.Transit has recently selected a site located immediately adjacent to the junction of the branch line with the, BNSF line which will carry commuter rail into Tacoma'. and on to Seattle. This is an opportunity to.tap into an important passenger transportation system for verymodest-costs.. . The acquisition,-maintenance, and operation costs for a freight rail operation on the line have been estimated and are tabulated below. The costs for maintenance and operations.represent - anticipated costs for the first year.of shortline operation: Acquisition Costs . $ 150,000 Maintenance of Track and Structures 1505000. Operations, 100,000 Total Costs $400,000 As an indication of,the level of"commitment.in the community, the.City.of Yelm has enlisted financial tsupport,for the proJpct.from a.number•.of sources to,provide matching funds for the grant. These commitied.funds are approximately 15% of the grant request amount and are.well. in excess of-the minimum required by-the program. This substantial assistance from.the public. and private sectors demonstrates the importance of this rail line to the. communities and ,. businesses which it.serves. The matching funds.for the grant are beiing contributed as follows. City of.Yehn $ -20,0.00 Port of Olympia 20,000 WSDOT-Rail Program. 11,5,0.0 Private Businesses Miles Sand_&Gravel 2,500 Wilcox Farms 2;500 Prairie_Development 3,500 Total Matching Funds $ 60,000 In closing, this project represents-.a uniqueopportunity__o preserve�iiidaenhancantal transportation-IJnk:in Thurston County.,.The,egntinued availability^of°freiglit rail service to the ..�,a�ai+rcttL�x�'n.r..xN' armae Ye and Roy areas is vital to busmessretention and development rIt cari:.provide a multi modal.'' frR 't option:"One of the.existing:businesses has the potential.for removing 200,truck:trnps per day-6'f the road.network. Rail served industrial properties in thexegion are at a.premium:. Manny new businesses will not even look-at sites which.do not have the capacityto be served:by-rail. Beyond the freight rail operations, this line provides'the ability to connect to the commuter rail system being developed by..Sound Transit. This is a unique opportunity to provide passenger,rail. options.to an area which is experiencing fast-paced growth with its.associated traffic congestion: We believe that this.project is one which must be undertaken. Thank you for.your consideration. If you:have any questions,please contact my office at 360-458-8499. Sincerely, City of Yelm L• Ken Garma Public Works Director CITY OF YELM RESOLUTION NO. 379 A RESOLUTION To state the guiding principles for the acquisition and use and operational oversight of the railroad branch line,the Yelm Branch Line, currently owned by the Burlington Northern Santa Fe Railway Company;to create a Rail Advisory Committee to advise the city on the use, operation and development of the acquired property; and to provide guidance to the Director of Public Works on how to proceed; and WHEREAS, The Burlington Northern Santa Fe Railway(BNSF) currently operates over a railroad corridor called the Yelm Branch Line which extends from Milepost 8.55 near Lakeview on the north to mile post 25.55 in the City of Yelm on the south and has indicated its interest in discontinuing rail service over at least a part of that branch line; and WHEREAS, The-City of_Yelm has mdicatednts interest in;acquu7ng all property interests now held by the BNSF m itsuY.elni Bra ch{Lure for generat�pubhe�welfare,.economic-development .and=investment- oses•.and - WHEREAS,'The City of Roy has expressed its interest in participating with the City of Yelm in setting public policy for the use and development of the BNSF Yelm Branch, insofar as such use operation and development affects the City of Roy; and WHEREAS, The Yelm Chamber of Commerce has actively been supporting the public acquisition of the Yelm branch; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YELM, THE MAYOR . CONCURRING: Section 1. The Council endorses the following guiding principles in acquisition, operation and development of the BNSF Yelm Branch Line(formerly known as the Northern Pacific's Prairie Line): All BNSF property interests its Yelm Branch Line, should be acquired by the City of Yelm and after such acquisition the line of railroad shall be referred to as "The Prairie Line." -�The-preservation-and-vitality:-ofbusinesses;located along the�BNSF's Y,—- Brarich.Line should be preserved, and additional businesses should be encouraged to;locate alongthe-line. w The exploration,and-development of commuter rail`and other`passenger;uses an conjunction with dere opI nt of the acquir`ed--&6p6 "encouraged. The interests of the City of Roy and its citizens will be considered in any use or development of the BNSF's Yelm Branch line, and appropriate interlocal agreements or contracts may be entered into by the two Cities to achieve and carry out mutual interests and apportion ownership, as necessary. RESOLUTI/RES.98.RES379.DOC Section 2. The Prairie Line Rail Advisory Committee. The Prairie Line Rail Advisory Committee is established to assist and advise the City of Yelm in acquiring, operating and developing the acquired rail property, "The Prairie Line." (a) The Committee shall be composed of the Mayor of Yelm,the Mayor of Roy, or their designees, and three persons appointed by the City of Yelm and two person appointed by the City of Roy,to serve at the pleasure of the respective appointing Mayor. The Mayor of Yelm may designate one of the appointed members to serve as chairperson: (b)The committee members will receive no additional compensation, except that the City may reimburse any travel or administrative expenses of the appointees out of the marketing fund established herein, under the guidelines established by the City. Section 3. Rail Marketing Fund. The Prairie Line Rail Advisory Committee shall advise the Public Works Director on an annual marketing budget as determined by the City of Yelm of up to 1/2 of 1% of any rents,profits or other payments received by the City of Yelm for use or uses of any part of the Prairie Line. This fund to be created annually as part of the operating budget of the Department of Public Works, and its use shall be subject to review and audit. The fund shall be used to promote the use of the Prairie Rail Line. Section 4. The Director of Public Works shall: (a)Negotiate the acquisition of BNSF's Yelm Branch Line and appurtenant property with appropriate BNSF officials and submit to the council a proposal for such acquisition. (b)Develop in consultation with the Prairie Line Rail Advisory Committee created herein, and submit to the Council for approval, a proposed rail policy which will encourage and promote freight and commuter rail service,provide for safe and economical development and use of all property in the acquired branch line, and prepare a prudent and business-like property management plan for the acquired property. (c)Assist the Prairie Line Rail Advisory Committee in preparing an appropriate budget for its operating expenditures and other such uses of the rail Marketing Fund created in Section 3, and, as part of the Public Works'normal budgeting process. (d) Create a proposed bid requirement to solicit appropriate offers from competent rail operators to contract with the City for engaging in common and contract carrier freight rail service over the Prairie Line. The qualifications for a contract rail operator should emphasize financial responsibility and rail operation experience, and ability to meet current rail customer's transportation requirements. RESOLUTI/RES.98/RES379.DOC 2 a Y� (e)Develop an Operating Agreement which the City may use to engage the services of a competent rail operator, or operators, ensuring that such agreement will provide an operator or operators who will meet the reasonable service requests of businesses who desire common carrier rail service, that the City will remain in overall control of the properties, and that such operators will be able to bear the full expense and risk attendant with such rail operations. (f)Develop a program of active oversight of future rail operations and other property uses in the Prairie Line to ensure all such uses are in compliance with contract, safety and public use requirements. (g)Prepare and file on behalf of the City any documents necessary to carry out the acquisition and operation of The Prairie Line with the Surface Transportation Board,the Federal Railroad Administration,the Washington Utilities and Transportation Commission,the Washington Department of Transportation,the Association of American Railroads, or any similar agencies or organizations. Section 5. The Council supports all progressive and safe uses of the acquired property which will benefit the general public and directs the Mayor to explore all reasonable opportunities for The Prairie Line to yield a return on the City's investment; Provided,however,that such uses must be consistent, and not interfere,with the general acquisition purpose of providing freight and passenger rail service, so long as there is a reasonable demand or potential need for such services. NOW, THEREFORE,BE IT RESOLVED, by the City Council of the City of Yelm,that RESOLUTION 379 is hereby approved and adopted. ADOPTED this day of November 1998. KATHRYN M. WOLF,MAYOR ATTEST: AGNES P. BENNICK, CITY CLERK RESOLUTI/RES.98/RES379.DOC 3 Historic Resources of YEIM, WASHINGTON Yelm, as a community did not exist before the railroad. According to one town historian, "...nothing resembling a business community existed prior to 1873....West of the tracks, at its intersection with the wagon road to Olympia, Metcalf and Treat built Yelm's first store. This was followed within a few years by another store east of the track(P.B. Van Trump and Balletti). These businesses, together with a blacksmith shop, across the road, served the needs of prairie residents for years." (Prescott, 1979) Otherbusinesses did evolve. In 1883,James Longmire discovered "his" springs near Mount Rainier,built the first wagon road to the fixture park, and established a guiding station. At the same time his son Robert built a general merchandise store adjacent to the railroad platform in Yelm. Attached to Longmire's store was the Hotel Yelm. Even so,travel and shipping conditions were primi- tive for the early settlers. According to one,"trains stopped only on flag. Neither passengers nor freight had any shelter, only a board platform. If freight came in,it was unloaded,sometimes on the platform and sometimes on the ground, rain or shine." (Prescott. 1979) By 1912, when the Northern Pacific Rail- road elevated Yelm to official station status,the town had assumed the form still visible today. Businesses, as they had since 1874, concen- trated along the rail line and Yelm Avenue, centering at the crossing of these two routes. Surrounding this district were the residential neighborhoods whose architecture reflected the vernacular styles popular in the builder's manu- als and design catalogs of the day. Later, some houses were prefabricated at the Gruber and Docherty Mill, located near Yelm. Some were imported logging camp bunkhouses modified to meet family needs. Others were constructed by local carpenters, such as Charles Mittge. City of Yelm Press Release 105 Yelm Ave. W., P.O. Box 479 360-458-3244 Yelm, WA 98597 FAX 360-458-4348 Email: shelly(uwehntel.com For Immediate Release November 21, 2000 For Further Information Shelly Badger, Yelm City Administrator, 360-458-8405 City of Yelm Acquires Yelm to Roy Section of Burlington Northern Santa Fe Rail Line As of 12:01 AM, November 17, 2000, the City of Yelm acquired the 4.55 mile portion of Burlington Northern Santa Fe rail line from Yelm to Roy. The acquisition concludes discussions and negotiations with BNSF that began in the fall of 1998, when the City of Yelm learned that the section of rail was being considered for abandonment. Since that time, the City formed a Rail Advisory Committee to recommend policy and aid in negotiations with BNSF. The transaction included both a purchase of property for$300,000, and a donation of additional property by BNSF. Funding for the acquisition was obtained from a grant of federal TEA-21 dollars approved by the Thurston Regional Planning Council; a grant from the Washington State Department of Transportation Essential Rail Assistance Account, funding from the Port of Olympia and other local private contributors. "Without the support of funding from all agencies from the federal, state and local levels, this acquisition would not have been possible. The City is very appreciative of the broad support this project has received", said Yelm Mayor Kathy Wolf. A temporary embargo will be placed on the line with the Association of American Railroads until such time as the City contracts with a short-line operator. The Rail Advisory Committee will meet in December to outline the next steps, including how to move forward on the hiring of an operator. "The successful acquisition of the Yelm to Roy rail line represents a unique opportunity to preserve and enhance a vital transportation link. The continued availability of freight rail service to the Yelm and Roy areas is vital to business retention and development," said Mayor Kathy Wolf. , TRANSMISSION VERIFICATION REPORT TIME 11/22/2000 10:40 DATEJIME 11/22 10:39 FAX NO./NAME 3570202 DURATION 00:00:29 PAGE(S) 01 RESULT OK MODE STANDARD � a I wod 1 6LA 1 0 oly r ��DF THE FAx TRANSMISSION CITY OF YELM PO BOX 479 - 105 YELM AVE W YELM YELM WA 98597 WASHINGTON 360-458-3244 FAX: 360-458-4348 I117"� Get ��rD �`�tct�CcGQ� To: ( —00 J Date: 1 �i Fax#: �— �q�—g�1 Pages: 2,- , including this cover sheet. From: Subject: Y l CONMffiNTS: ** If you do not receive all copies or any copy is not legible,please call(360)458-3244 as soon as possible. ds/c:\office\forms\fax.3 < TRANSMISSION VERIFICATION REPORT TIME 11/21/2000 16:20 DATE DIME 11/21 16:19 FAX NO./NAME 2535978274 DURATION 00:01:20 PAGE(S) 02 RESULT OK MODE STANDARD zo,ctsnoc.e,z,�� ultimate adoption of new camgn- an laws,per the region have been paddling nZ�Y•e good haps next year. -anoes along the same water "The momentum is only going to continue and grow," I their ancestors used for1„�S especially on senators up for re-election,said Rep.Mme'- I �Or kids)f years.Most use canoes carved tin Meehan(D-Mass.),the House bill's other co-author. dar logs. Even as the House prepared to pass the bill,there re- ht,they stay in a different Indianthan you inained a dispute.over the extent of its true support. ;where they are feted with please see Reform,back page 1 food and ceremonies. could even i ,ne tribes from the United States i la are involved m this year's event, imagine. Paddle to Puyallup.Organizers :ar's gatheringis the largest this mtiter rail �, i K ,addlers sing praises of traditional —`Daniel Collett �0' i saying it builds physical strength- CogUitfarn School ;th of character. District teacher and !y say it's an invaluable way to hasten new,tribal members with their paddler may; heritage. ou could , route:more good for kids than y Amt rak rou `j gine,"said Daniel Collett,a teacher ` idler—from.the Coquitlam School ritish Columbia. to bypass Point Deianc n B Long-range plan yp �I. Please see Paddle,back page could get boost from.Sound Transit wort ' BY JOSEPH TURNER �^ THE NEWs TRIBUNE !j ■ 1Sound Transit's plans for commuter-rail service in up Fierce County over the next three yearsassengeretrains', testimonyf a new route for Amtrak p 0 ock construction o too. from back surgery The long-range plan for Amtrak service between Seat- I ds Lindsey is recuperating the route away from the ,ot last week,though,and it was uncertain when tie and Portland calls for shifting and sid- dm tracks'signals Riv- I iv- he would be able to appear. r ,. Tacomawaterfront and track g ' ings on an old railroad track between the Nisqually I , White House officials fear that Starr would er and the Tacoma Dome area. DuPont,Stella- ani not stop with Lindsey and Breuer;both of whom : the shoreline along ap- were first subpoenaed early in the investigation a Instead of hugging I coom,University Place and through Point Defiance,Aiti- urt White House counsel Charles Ruff and deputy passenger trains would cut through Foy Lewis, a e. als counsel CherylMills,who both have worked trak Lakewood and South Tacoma and link up r in extensively on matters related to the Lewin gional transportation-hub near the Tacoma Dome.The sky probe, also appear to be possible targets estimated cost of improvements is between$80 million II tay, for subpoenas. Grand jury wants and$100 million. ,uty Meanwhile,White House officials on Mon- to hear from Freight trains would continue to_use the shoreline and day took a defiant stance toward prosecutors deputy counsel 4Piease see.Rail,back page I ct ofBruce Lindsey.. Please see Clinton,A2 I 11 ■ 48 pages,4 sections baby case . �killed 1 cou ple .incrash. ce Time 7-10 tie girl found out about the switch three years ago at T the Uni(ersity of Virginia Hospital.They never knew revision 14-1s ,Now families of both infants switched about the switch. :IBline,TRIBnet 16 at birth agree to not to fight custody Meanwhile,the families who have raised the two NEWS TRIBUNE NEWS SERVICES children agreed Monday not to fight over custody of two babies Each family will keep the child it has reared. other of C BUENA VISTA,Va.—The myste onfusing twist parents of RebeccaGraceChittum said e Johnson andthat, after, switched at birth has taken a sad, lawyers,they decided the girls should with the apparent discovery that the couple raising consulting with lsur cared for by the rela- one of the girls died in a car crash,never knowing of stay tivhfamiliar o wn g e their births three years 0424 0 111 11 5 the mix-up. Ro ers died and Tamara Whitney Rogers ,,, Please see Switched,back page , h10 The News Tribune, Tuesday, August 4, 1998 Reforr �� } � ,a��y�� g,��u LEGEND `Sea le N—}+� Current ha `t Continued r route for _Py s7 h freight andWly 67 Some of the t , Amtrak passengerg,r House Major xT_ ® � Au urn -Texas),ass trains. (R Possible L16 �h " r members wh, 3 Y ra" T § _1, i'�m4iE_ %w for the legisl new route for Amtrak' �� " z " '�" '� r '- points, safe �rt � ;* xY 0 .Senate will t! passenger trains " In the slosh University w PlaceL 167 Sumner debate,DeLs r s w ng,,f �' x3 $ Publicans ha ' 3 i4 t intended to Proposed '; &a .` cisely that r( But DeLay 7 .r ing such a« PUyBIIrail station some special 512 to reform n � ,, those suppo) The bill's m i . S I cooLakewoo �McGhord 61 62 most of their ( = A►.r`�Force a-� members co 8a e 0 2.5 The measi MILES vision is its money dona DuPont ,, MAKING NEW TRACKS: Sound Transit's plan to build a "" unions and commuter rail line between Lakewood and the Tacoma Dome by tional and s 2001 could be the catalyst for a new route for Amtrak passenger This mor., Fort Lewis trains. Estimated cost for replacing track and upgrading railroad limits on c signal controls for the so called 'Point Defiance bypass" between that were E Military the Nisqually River and the dome is as high as $100 million. Sound ago followir Reservation Transit wants Amtrak,.the state,and Burlington Northern Santa Fe to share the cost and do both projects at the same time. Ronnle Ashlock/The News Tribune fi SW1t( fix the tracks that will carry commuter trains to Lake- Rai' wood;Price said.. Continues If that means going it alone,so be it,he said,adding Continued from Al that i{.would.be less disruptive and less expensive if aA.tlie upgrades were done at the same time. ago. Uznanski agreed. "They w. route around Point Defiance into the Tacoma Tideflats. track to Lakewood needs a years,"sai Price said the railroad The new route,called the"Point Defiance bypass," major upgrade.The"Prairie Line, as its called,is old . Rosa Chita would cut 12-13 minutes off the trip between Seattle and seldom used—perhaps one or two trains a day. owViseach every and Portland,said Ken Uznanski,rail manager at the Sounder must fix it to handle one train eve half-hour allow east state Department of Transportation.The state sub- in the morning and evening hours— a total of 18 Rebecca' sidizes some of the Amtrak trains that run between trains a day'at the start of service in 2001.Trains will Monday tl Portland and Vancouver,B.C. run more frequently as ridership increases. formed Cs It also would-reduce some of the conflicts between Uznanski and Price said most of the track will have "We're c passenger and freight trains,which now must use a to be replaced. a lawyer f. single track as they pass through the Nelson Ben- In addition,two short segments of track must be working i' nett Tunnel just south of Point Defiance Park,he said. built.A 600-foot segment would connect the BNSF children." "To-meet the frequency and speed for passenger mainline tracks that come from Seattle to the city- Rebecce trains,the current"alignment along the water will owned Tacoma Eastern Railroad tracks that run and blue either have to be modified or well have to look for a south of F reighthouse Square.Commuter trains would birth in J, bypass,".Uznanski said. run on Tacoma Eastern tracks for a couple of blocks, Center. Between 30 and 45 trains—including eight Am- then another short segment—about 3,000 to 4,000 feet • . 'Rebeccr trak passenger trains'—travel daily along the Burling- _would connect the Tacoma Eastern line to the BNSF —the Chi', ton Northern Santa-Fe tracks around Point Defiance. Prairie line that runs aloe South,Tacoma Way and Rogers; g By 2017,Amtrak and the state hope to boost the into Lakewood. ,�Nomas; number of passenger trains to 26 a day.Freight traf- Only passenger trains will use that portion of the b� Paula fic also-is expected to rise. Vie,Price said.The 3.5 percent grade is too steep for °l�t�ren,lau Shifting passenger;trains to another track would freight en nes,to haul long,heavy trains uphill,but 'week afl cause less disruption to the BNSF and Union Pacif- g p is freight trains,which generally must give way to pas- the locomotives that Sounder is buying for commuter showed i s freight trains s sometimes by pulling off onto a siding rail'service will be powerful enough to haul'short with the s g tr rocs sometimes e s trains pass. passenger trains up that steep of a slope,he.said. Rebecc A ar 4..Pnvimnmental-imnaet'study for the Tacoma DNA te,- -14—s ya000ais�ot uaulo w anULner LracK would ""'�i a.��oalu. -L 1w a.0 percent,grace is too steep Ior ® cause less disruption to the BNSF and Union Pacif- freight engines to haul long,heavy trains uphill,but wee] is freight trains,which generally must give way to pas- the locomotives that Sounder is buying for commuter shov senger trains—sometimes by pulling off onto a siding rail service will be powerful enough to haul'short with to let the faster passenger trains pass. passenger trains up that steep of a slope;he.'said Uznanski said the'state has considered the bypass A draft environmental-impact study fore the Tacoma-~ DNA i an option at least five years off. But the arrival of Lakewood line is expected to be released in four to six sort Sounder could move up that timetable. weeks;Price said ;RobE Sounder is the three-county Regional Transit Au- If the bypass is Built,Amtrak trains would share' Ch thority's commuter rail division.It plans to start run- that stretch with commuter rail. Then they word ping commuter trains between Tacoma and Seattle by continue south along Interstate 5, tie back into the 'shoes the end of next year,and extend service to Lakewood BNSF�mainline in the vicinity of the Mounts Road, ;nus, by 2001. overpass on Interstate 5 and head south on the tracks To build the Tacoma-Lakewood link,Sounder must they use today.to Portland.A new section of track veThi fix up part of the same tracks that Amtrak and the would have to be built at that location,too. ing t state want to upgrade if they build the bypass.So,if The estimated$80 million to$100 million cost of im- that. all the interested parties cooperate,the cost could be provements between the Nisqually River and Tacoma fault 'shared by Amtrak,the state,Sounder and BNSF rail- Dome includes the computerized traffic controls that Th, road,said Paul Price,Sounder program manager. coordinate train movements.Also,sidings would have moth "There is benefit to all of us,"Price said. to be upgraded to allow one train to pull off the main- have But it's not a done deal yet. line and let another train pass. becca Burlington Northein,which owns both sets of track, Port of Tacoma officials also would like to see the by- Ch isn't so sure the bypass is the best solution.BNSF of- . pass built. smas ! ficials recently informed the government agencies it `We are very interested in it because we would like south wants to take a closer look at fixing up the existing to see the Amtrak traffic moved off the Point Defiance 75 in track around Point Defiance. route so more freight could move,"said Paul Chilcote, "We have suggested that before the state invests lots the port's development director. clue of money to upgrade that line,we take a look at the And the City of Tacoma will be involved in negoti- oh' ations because it owns the Tacoma Eastern line,which The cost effectiveness of an alternative—three tracks John, along Point Defiance—and see if that's going to cost is used to haul freight from the Tideflats to The Boe- Joh less,"said D.J.Mitchell,BNSF assistant vice president ing Co.plant in Frederickson and other customers to lottes for passenger operations and joint facilities. the south. curre `Were going to run the analysis at no cost to the The city is eager to see the Tacoma Dome area be- o La` come a trans state,"he said."Think about it this way:If the state transportation hub because it hopes some day and c, is going to do an environmental.assessment, there to run a tourist excursion from the dome area to Na- Chits must be alternatives. We want to give the state a tional,a couple of miles from the entrance to Mount Jo i choice." Rainier National Park,Lewis h tific b said. i Mitchell said the railroad study will look at cost,how The Tacoma Dome/Freighthouse Square area even- their, ai much time can be saved and whether construction is tummy could be a hub for Sounder commuter rail,Am- tthe even feasible. Study results should be ready by Oc- -t'ak,Sound Transits Link light-rail line,Pierce Tran- in The tober. sit buses and the tourist train. 1989, This fall is a critical time for the state.The DOT will Sounder and BNSF are negotiating an agreement be putting together its budget request to the 1999 on the operation and improvements for the first seg- Legislature,and officials would like to know whether ment of commuter rail—between Tacoma and Seat- to request money for the bypass in the 1999-2001 bi- tle. ennium,Uznanski said. Mitchell said he expects the railroad will end up run- Kurt Laird,an Amtrak official in Seattle,said both ning the commuter service for Sounder,but who bears routes are under consideration for upgrades,andAm- how much of the cost for operation and track and sig- ; trak is awaiting the analysis by BNSF engineers. nal improvements has yet to be worked out. The bypass isn't a new idea. In fact, in the mid- That agreement will come before the parties sort any 1980s the Tacoma-Pierce County Chamber of Com- arrangement for the bypass,Price and Mitchell said. merce recommended all passenger and freight trains The Seattle-Tacoma segment is scheduled to open that run along Tacoma's waterfront be shifted to the at the end of 1999 and the Tacoma-Lakewood seg- bypass to allow fuller development along Ruston Way, ment will open two years later. Randy Lewis said. "We're going to hit our timeline,"Price said. Lewis was the chamber's government and commu- He wouldn't say how much Sounder expects to in- nity issues manager at the time.He's now a lobbyist vest in the Tacoma-Lakewood segment track and sig- ! for the City of Tacoma. nal improvements,but Sound Transit expects to.spend Parking along Ruston Way is limited by the tracks $55 million for improvements between Auburn and and utility lines. Lakewood. However, the chamber dropped its recommenda- That doesn't include the cost of building stations at tion after Burlington Northern vehemently objected. Lakewood,South Tacoma,the Tacoma Dome,Puyal- Even so,complaints about limited parking along the lup,Sumner and Auburn. waterfront persist. ✓Staff writer Joseph Turner covers state govern- Regardless of whatAmtrak,BNSF and the state de- ment and transportation.Reach him at 253-597-8436 cide to do,Sounder will move ahead with its plans to or by e-mail at jjt@p.tribnet.com Compromise in Protestant march; IRA dissidents claim bomb THE AssociaTen Peess rade will be permitted, but with few marchers al- lowed near the town's main Catholic neighborhood. BELFAST,Northern Ireland—Protestant marchers IRA dissidents,meanwhile,claimed responsibility and Catholic protesters struck a compromise Monday for a car bombing Saturday that injured 35 people in . O� THF a Cl of Yelm a en 105 Yelm Avenue West PY301.M P.O. Box 479 WASHINGTON Yelm, Washington 98597 (360) 458-3244 NOTICE OF RAIL ADVISOR' COMMITTEE MEETING To: Rail Advisory Committee Members 1 ,v From: Shelly Badger, City Administrator Subject: Tuesday,December 5, 2000, 1:00 Meeting' Date: November 22, 2000 We are very proud to announce that as of 12:01 AM,November 17, 2000, the City of Yelm is the owner of 4.55 miles of rail line from Yelm to Roy(see enclosed press release)!! We now need to meet to discuss next steps to be able to begin operation of the line. We will.be meeting on Tuesday, December 5, 2000 at 1:00 PM in the Yelm City Hall Council Chambers for this purpose. Both Charlie Burnham, David Evans & Associates acid Steve Day, Betts Patterson & Mines will'be present to aid in the discussion. Hope to see you on the 5th! Any questions, please feel free to contact me at 360-458- 8405 or shelly@yelmtel.com. ��yy��, r - t: f ` !� r. r •2 f h f r , - y ,,r './ • .- 1 z r: 1 ,� C•�. � r� .l •-7_..r t 3 t �i rsda Jul a. e .s T� une lTh . . .-. .Y. .. _►:� _�.• ._.. �.�Th�N �► 4�b � tip_�[.t .Y�:z( :f y ;.l� ..;. Q ■�.� 'Stu iYr -.f F 4.-r�^ _,'i,.�`• ,f Y'r:'.�a ,■.c del e,._ -•t: ro:I •A2ti .�' �'�� rsrrrys 'ac . y�'' r. ..� ? _ ,...,,, r. Q -r:'' ,;. .R •'� -a'� '�kr. ,zt'c.�y Fz1s:' :.y.. ,,.r .,! � �s?� �i" :,•� ,rry..� i G. - ,•r r.. ,_'t°C�'.-4 '�-. ,..k,•�h��`f ,..� '�.t'� l -r., a ,? p :?[',':z. 4- V; t -y ,t. � ai..., r.. v,+ .i„ .�. ..v :,U. � •�<,'yL.}'v �' e yy �-. �� -.4:a ! Sr�.< ..a .;n:>, ir1. {,. ._Y•'. 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K: , � ,.gin --�t=,,,,p.: .. �a• "i %" "ya T :?&Y v r:: Vie" J u .: a11TlS around'all our Iob�ems,butt= C08P 0 y � �� t _ �. 3 ` cast June t+•z , .a coat.;ofi :mlllid each to:ehmi_4 tip...P s..s rt, .y4 s. r m:A$ld^IIlactwd�unertll�DuslesL.,:., TCOnt ngre:t�1c�,l vt,.F :..i .s.,:' ,1• v.:: .- -.ti ., ,.: - .k Rsso wre .PRiss '',fro _-, Pe. 4 �« ;s t c Wsh e:1VIer er�related•f we reg rioi}trying,to"pretend,things Cargo;. T } n2 •,L..;,3�* !_a „0_'_'o. g :�''month::ever at he Port'of`Lq g ry1.o nr: -_ rt_ , y n-.r 1.:i•;d 17''•.- _ r�.. , 3 y;.�; F i,ata• - n}• w l y, L lL Ano !� factbi�haa,beg� .,mon Pa:. ,; ruble' 'he'sal uYclude bringing, are•'perfect:_.:w ? � , ? T .K7�ryy�11�,7 �ttRRro lemsa> B 'a'Ch �la;natLQII s..tj0nn�m1 :'a'.�1r, :,.1. .r--• 54. d: s•' :y. � �t•xi- dy.t,,•-`�{t r, ;�, ;�,„},�,� ISS'o ,� • ' _ F lam • :g. ]n � ., x1'r• �o :s - .tin Ali` ,r•. t - ., r,,�,:, a.�. s• Al.s.,=}t � r a C= TOa(1: 1e1�11c1YO,. 150 e•.:_SOIItherll:'PflCl�1C111t0•• a s. C e'O Orted`. oods':�zi�llYal VOlume�`z " .�} 7.^ 4 »x c 5 c a ,F No'suci ro�lems are affecting the.:; d aiLav imp ,; ff r, cargo" �•!>,. , E . oflo- r� P rate x 1 O• �� .slowdowns 1��ra: mte `ne 6rE;C rr ct� 'arhave acked:u .'`. at Y >;•_ t ,. �.r `.p H, a s.. -i a.; :Pu et`Sound; ;which last earn om Asi b.., . _ p cargq .,.., t - T.3, .... ,. �� - nst as ,r The,port;processed'183,019 con comahy andtiother gitches linked to In''"art.it's'list a neea'to catch li g Po Y 3.,crease tie nations two'l uslest pq. :t P `'felt far less in�nvenience than the'• of 0 ners'of cargo,:1Qpergent-Increase :-the railroaaifiergef ast_yea with��, p -J $3 'icials�were'gearulg alp foF the an ,.r... . :.• ,, ,a little bit.Since thmergez"tha cum 3° �o rdmg°,a y a:�.* fr` „r r"�• .; over the same'month last ear Southern pacific Rfa lroa 'said UP y�; uthern'Califorma or.."aoco 7 Of'1' tIn83+mCTCr]an e. , y _t.r c r. r �' an ,1la3bQECI1I3dllgr2SS1VeC1I11-'` r' t IffiW;d sh _ 7 ;p y _ n=. to a'Port O TdCOma°O QaI.`4'a { 8. r •d c r okesmatl lVllke Fllrtne ' z; !f 'rry4 'r.. `F+�'tc�`,-,:•,a .r3 - ;.sp y z, r,. SWf f- v .,. ., 1 a•. r ui in i' ersonnel bu .: P: r ate, . , FF tr. ai of acq g p. ,, - :1 ::.. e , 1 r i� 5 Porto•I:osAn Py, : P:. :� ,t s .r 5 �y` �.yy ,ff k"r" At the nel rin I tl 'y ti e-:, v G:, » ' rc ^ t "rt .'Yj'I.vii• i a S f g„ .' ( ..\ yy Jry.. .,G. .l0' ^``Vi,+•�.L111.1Ah �.. "�: p`tiecithlsr`.:iri new_loco iotivea1:iesaid, . . ,. Lo uslest` Theal�roadhascomma g.,. y wiT x P .«. , :.fYs :t=:h4,•, Problems•at`the its,of s Au eles 1the'eotin}�,�s s coed=b ./ f., .!"`J,. et_. -_ ..;Y'{" k.{.:",7:, la +`t.,.-. .. •:i;..se{ w �,s :�: S%�•:��:.,: •}.., <:'� .-ae'G s1' g f w.. a3hLy',••.Yt+s1 r ,.¢ •1' r�- 1� :"P ^r' a-+- ,>.`r:•1-t'if�A'{:'.�.11f[;?.1. Jnr. _.,..e S"aa L'b•. 7a+Y £ - c. Zf. ts„Y_:.+,f..•r'x�s�w''y�,'•,3^f '':�r"S.? . '•��"'•.r'�r. t,(tc ^.�r+L�„-..<,, .; l.fit'•# - geles'and Lo{lgare minoreom ` =paled with last summer,'•when break riowns'on Uniotl Pacific Rallioad oIines'left�some Christmas cargo , c slrandeci 'd Aso-Wedpesdayj the waitwas run f n ing�1s;lOng.as.threeOl�four daysz 3• Fq i ! a� �� r�i{ s r rwt officials`said +Y a�` J ti 1' r F _ •, Bud t1rsecterLof a sun�lar crisis , a� _ �' b d some _e�Pww .. µ�y 1 s r tf ,t.�,, s tchMkiamore.cos�ly� pvl .. s onghaul movqti elrca Vro .f!ta _cwgcompa 04.ipn havmgra�^ �r �`tlm�;k�eepiiig u�wlthzthhe.ne�e,�.r,,t -_ yam; J' `1.4iness`saldr�llen L'unrd;president' s: �, �A e1a�LluxctGoro eofthe'nahon's"Jar nr `• �'' 4, .� u'f , ,, , .x. > ,,.•. x ";'; �. � �, k?x• g s, Drokeerrs5M.", ., �` �� `�' � 5 "' :1{�� t �� i ►$� F b: �f :w � r � g r' C_1S5 ar. :ra;`COmmOdlty,:II yvi't5t�??; . &"'��aRathe � Wrs. ovc, 3x b•r=ppJ 4 X r 9 �-i: ..,�•_ ;;,� ''{� - eyT . 0.1{ Q€e+r,they oret.atJ 11Ckrt ia< atputtin tea u;It's good for the 4;- Aff, l"hdiAtry Ina way But I T< ons 'r`ietOW, AU ��'"T�o,po'ble» t� � finc part�•�"ro»a� '� �;ird+'k7. £• i k,:�. ,�.:.�� ,t. ',, _-�; i?f' tg^ `.c •i; ;�� 7� ?.d ,i ".t r�'ai�latic ulcrease�i�l`Aslah llf�ports '_ ,� r � � �• a r' j, 'sesultof Ythe aglon's:+fiiianc4laT}ant yd z; T It-:.tM• TS?{K�r�l?b1- ,p�A1��t'��fl`,Sr�.�,�j'�Yrtt$r,�`,.,1t5�..'L .�` `Y � {l, _"�ti."� P �" -r�'c�w.,�l�i�'. _.yr. d�{'IyR'f,_�' '� Y-.- dt-. !I'}, �S'In,�;�ttl P$-.?��df�xe^n��7'�ba'!•,illi+��r�V•'y! �� +•ka-'e wr: f p $trS�'y .r-•'n ;:yy ••r sa .-rpt n !RS11AY, APltil. LS, I`1`�ts Post-it'Fax Note 7671 Date P .Yel m eyes I To f_ �r From ` co. Phon 4Y2 , 'mile's I IF ax u F r, Phone N Fax 0 5 y 3�� Fax o 'l fine t - 0 ' i d to- i0y Cllr' 1\"dills ?i l:�pl ops it I - , • l 1for potcntla Cl:)mnlcr+.:e $Y KAREN HUCxS 'The Bcllnoton Northern Sa:tts I a, I e R�cII gad h sectsNll':ey Sand and n' GI�\el's main-&7a\el pit in P.oy. F3ut ttie eompan}• ship= its cuar- a1 ter million tons of b.ai\•el each year by truck li,r tine it,can't afford to pay -•'` " td'tl _.Il'� talcs t0 Use ]ti Bulllni;itln :': , the gtliect\I�.e'c6rivenient rail line, h'llle�qTi�1 il.:said. r;= 1hati ec>uid change if,ht Cit. of Yelm gets into;h railr,tad business. a %. The city: thoyelw Clianiber o. ,•,: c o -f Ol':nlpia yttu� `Commerce an..t..c he Pc� are working togeirle'r w male sure the 4.5-6W� P e urlington 'Northern ! k linnmXclrl to Rn r''111fl1i._ "We're..g,nin ryto do vAlatc"vcr to keep the tai':openc. id_10,1:1 Thl pr,r)ii Inc eve), .ce ctul 1i-,1-:,-.. saine E1: line 'i!tG :i'1c r ii 1?• a` A:'r Fc rcr7'Ba--c..+']G i_;:J-.�tt', Frons Northenn, spur line con~:(-`z :i. tl:•= main north-south Burling on No"ft - ern line in Tacoma, railroad ' - °i •% spokesman Gus Melonas said. l When Fiurlin�tor: , :napped out its rail lire.,fit ;hc fed? oral governnient in June ]996, it showed that it intended tc atrandon `F ' 1 or discontinueus,�ofth;�iim-tc•R?� linp, within three ls, said,Ra3, Ailiid,,railplannin� eciaJisttitidth e r F'. Ah§ M.Ue Aepartnl of Trwispor Iki ar`r. tl0il, e A1QK 1�ClII1dOffic 1S �•:�:. -� I-• j •;, ER-AIDEDPHOi011.LV5TRA7 a tY 'is's ` gmItlie s.a '=f? ac z. � -r 'dor thatit�s hai to That isn �s a ba ]m Poapps;is.Imagining for a;revitafized downtown , a' e i`otiip� les;o y uge,indus Pappas' Idea is on o� a�n�! "some fantastic, some practical readers o ' park w}ta ►e." ?;fi t�tiitil �gro{vs 'it wi1ll need �. i;: tF1 � 466re jobs'for .:ci'ssaid. _ oo n info Tiie city,'the-Port of Olympia and °=t �'th Hiamberhired a:1a66ma mrlsul "! 1;:; �•_�:,.. r' �. �•.ri: W `'�.-� ...: tent to ecaluatc [he4ne. r J If PETER HALEY/THC NElvs Tr,15UNE ,r r' ..t tr,c L1,J e•sity of Washington, make a final inspection kNednesday of an Aerosonde before test- Jroi�e ,_ _ t .l; ? �. s; . , ,; ;s t e`n6 ,Ight-tested off the coast of Vancouver island. 1 Fairlie \, rt'. N ith ih: :": is r} ;: ]off... the unmanned planes can "The primary concern we have is fire problem of see- NV ee- til't.'... r.:: cr-uil..arr-controlled autopilot. ingandbeingsoonbyothcraircraft,"I`AAspokesman 0F, =,i:i Fo, its r.�::.; hiti, fiat, leal:�,the system is waiting Mitch Barker said. "If you don't have a pilot,}row can �tiinds i,, lo tl;e on d,pin.m ;,t of z nctx_:rk of low altitude cellular you see other aircraft?„ ,d _1,;1: t 1:,.:,, .:a, It might be possible to equip the plane with a cam- rd: the i;iil"IiSilae it Ia:1c"�must stay within about P era tc solve that dilemma,Eberhardt said. Y;_ is ^;,; ';T.i,, of ti,e co.:st - the range of the radio trans- Mass, the ITW meteorologist, estimates it might be t("sund data back. The satellites will two to three years before Aerosondes are making reg- ah atu,l. IV, r},t: !;,,; ,. i,1':r t :tr :E i :�lufarther and relay alar jaunts across the Pacific.But once they arrive,fore, ` =igltt�` cast im rovements will be immediate,he predicts. 1 tht:n. :'a .- Un:r.inn.d a ircr.i:, al:<o present a perplexing prob P ft,r;,ir ;r: .:: rnl:, and the Federal aviation "An improved forecast for a single storm could pay for c)'(: on the project. this project a thousand times over,"he said.,, 7 to do hare ' donment,"Allred said in 1936 and •.v a_.de- cent Rail line Risdon said 60 percent to 70 per Llis took c:rr f'�echo TONIGHT COttfiftitEr�front AI cent of companies are;interested in field at cr:,c_%tondo: access to rail when they Iot i. or rod Gernian)'. The Seattle Jewish move. community vti;1 mark could be used with only minimal "The bottom liners,rail is r`eaiiy lydriif,! ,rrrt:nl lie Holocaust repairs,they went on to the second a real resource foriYelm_in attract' Remembrance Day part of the study: determining the Ing new businesses, costs - a"death ii,, "from with a costs of operating the linea Yelm has nearly 300,acres of prop- '' `'''ra`� con'memorstlon Yelm asked Burlington Northern erty zoned for light,industrial rises.- ' beginning at 6:45 to give it the portion of the line from on either side of'the' math oacl, m !east - +:< er. Ile Yelm to Roy. Railroad companies eluding a foreign trade gone.,; tonight. People will in di 1, r,'t P;,op., sometimes give lines to public en Both Miles Sand'and,Giavel and �i _ gather at the tities so they can take a tax write- Hoiocaust 't"emoria! off,A]lred said. Wilcox Farms near Roy.ITave told., u.Germ:in:. ti itl. t,:c, in front of t' e officials they would be customers.- . :m. lIe .r.ai::11 d r, .. �; The city also wants Burlington Stro!_:m je::i_! Northern to give it or sell to it.the Wilcox Farms is a major dairy and '..riiiol � :;�''�� :. � � �. ' , S e noducer in Western Washing- lr: C�nL ! 11 miles of line from Lo • to Lake- gg 1 iris sa ton. on t.'.errer.:!and• N, j wood's Lakeview station. ii,t. real dao oroi,s "Fire have always wanted to be on j pr eed'o ,',r 'ic to t<Lka'only)lire Ray to Yelm said the rails,"Miles rice president Lisa �Pr-Ta.-id i Dennis Risdon, business develop Kitlilsby said. "If I could get my = 1 merit nr,+na•rr with the Thurston gravel to Lakewood, I'd have it -;mteet11 ;:i.,k,[! :•:i:�;, Cc ` b p made." outh«ith a ri^e butt: Congregation for a County Economic Develo ment ft hind progran'1 that Council. "They could abandon the The primary focus right now is .c±_s a p_;rel rest of the line and then we'd just to keep the rail open, Thompson s from t ht guilt of I s have 4 miles out in the middle of said.But down the road,the chain- „ who rl .;oi � discussion featuring � " ber has loftier, tourism-related ' '' -�%' -�- the count a p,t,`.esu^'from T.-! r�'' osis. AvA Uni,:ersity. For Burlington '.Northern is looking g tial rn;n,! .r,1.„.` a•'.i� into previous commitments invoh• "Long term,” Thompson said, ,ore irforr _t on, Ing the line but is consideringl'elm's "we're also hoping this would open ;one.:�,l:: :: i:. .i 1 to ca" `-''c' ro n�+l,senior vier president Jef a possibility for a commuter rail Phelps al p p.., :brandy .l 1 ii• :i; a%.:- frey Moreland told Chamber.Pres- from Yelm all the way to Lakewood, ver\ 1•r i_; : WasStale ident Bob.Jones in a March letter. which could connect then all the Holocaust Cerate'. The Mate Dc-parti,tc-itt of Ti•ans- way up to Tacoma and Seattle." 206441-57 47. portation also is concerned about 1 keeping rails open across the state. ✓Staff writer Karen Hucks cov- :ers Thur=i Cvui,t".; "Here in Washington state since ers Thurston County:Reach her at 8660,or by e-mail at 1970, we've lost 38 percent (1,918 1-800-388-8742,Ext.8660,or by e.- i miles of active rail lines) to aban- mail at kxh@p.tribnet.com At the end would sit."pots of gold,-Seal'c A pigeon-feeding center. Playgrounds. ry) Museum and a Candy Museurn would .words for shops,businesses or even display';. Blocks a nd blocks of open(not vacant)space. make a definite tourist and convention at- "I remember the days when the cit,was Fven a recreational complex•-complete with traction,"Atchison wrote. .{.. M , .� � i- , .. , , .t • 7 .\- 1 -n D. Port of Olyra pi a Commissioners Jeff Dickison Steven Pottle Bob Van Schoorl 0 1�1117 rE-li F EB 1 0 1998 li� February 9, 1998 Robert Krebs President/CEO Burlington Northern/Santa Fe Railroad 2650 Lou Menk Drive Ft. Worth TX 76131 Re: Roy to Yelm Short Line Dear 1N&. Krebs: The Port of Olympia's primary mission is to promote economic development throughout all of Thurston County. In this regard, we write to urge Burlington Northern/Santa Fe to reconsider plans to discontinue use of the Roy to Yelm Short Line and to surplus this segment of rail. The Yelm community has been working actively to promote economic development in that community. The Yelm Industrial Park has been designated for this purpose. Currently, the Royto-Yelm.Short-Line runs 7-,through- i" Because.-Xelriiv,lit t�t6d%�S im tahifig a rail link to.the �Jridilsis-crifidaftbtMffi re-deoftomic ev o We are aware that the City of Yelm has requested a right of first refusal to acquire this segment of rail line in the event Burlington Northern/Santa Fe continues with existing plans. While we hope your company will reconsider these plans and continue to maintain this vital rail link, we also hope that you will honor the City's right to acquire this rail link should your plans not change. We are also confident that the Yelm Industrial Park will attract industrial operations needing rail service and that this will become a profitable business opportunity for Burlington Northern/Santa Fe. In this regard, we urge your company to work with the City of Yelm and Yelm business leaders to allow this economic activity an opportunity to achieve results benefiting all parties. 915 Washington Street NE.01yrnpia.WA 9850 1-693 1 Tel(360)586-6150 Fax(360)586-4653 inquiries@porEolympia.com I Executive Director,Nick Handy -T. Mr. Krebs - Page 2 February 9, 1998 The Port of Olympia stands ready to assist in these matters and we hope you will call upon us if we can be of assistance. The Port for many years has enjoyed service by your railroad at our Port of Olympia Terminals. Sincerel , Nick H y Executive Director Cc: Kathy Wolf,Mayor Shelly Badger, City Administrator Joe Williams, Williams Broadcasting Company Gary Beck, Yelm Chamber of Commerce Dennis Mattson, Thurston County Economic Development Council Ray Allred, WSDOT-Rail Ken Garman, Public Works Director 0 Port of Olympia Commissioners Jeff Dickison Steven Pottle Bob Van Schoorl February 9, 1998 James Slakey Director of Public Transportation Rail Division P.O. Box 4387 Olympia, WA 98504-7387 Re: Roy to Yelm Short Line—Yelm, Washington Dear Mr. Slakey: The Port of Olympia's primary mission is to promote economic development throughout all of Thurston County. In this regard, we write to urge your careful attention to Burlington Northern/Santa Fe's current plans to discontinue use of the Roy to Yelm Short Line and to surplus this segment of rail. We hope the State of Washington will seriously consider this matter at the appropriate opportunity and takes steps to maintain this critical rail link to the Yelm community. The Yelm community has been working actively to promote economic development in that community. The Yelm Industrial Park has been designated for this purpose. Currently, the Roy to Yelm Short Line runs through the center of the industrial park. Because Yelm is located away from the I-4 corridor, maintaining a rail link to the industrial park is critical to the future economic development in this area. We are aware that the City of Yelm has requested a right of first refusal to acquire this segment of rail line in the event Burlington Northern/Santa Fe continues with existing plans. While we hope Burlington Northern/Santa Fe will reconsider its plans and continue to maintain this vital rail link, we also hope that the company will honor the City's right to acquire this rail link should these plans not change. We are also confident that the Yelm Industrial Park will attract industrial operations needing rail service and that this will become a profitable business opportunity.for Burlington Northern/Santa Fe and the Yelm Community. In this regard, we are urging BNSF to work with the City of Yelm and Yelm business leaders to allow this economic activity an opportunity to achieve results benefiting all parties. 915 Washington Street NE,Olympia,WA 98501-6931 Tel(360)586-6150 Fax(360)586-4653 inquiries@portolympia.com I Executive Director,Nick Handy' Mr. Slakey Page 2 February 9, 1998 The Port of Olympia stands ready to assist in these matters and we hope you will call upon us if we can be of assistance. *Sinc ,\ Executive Director Cc: Kathy Wolf,Mayor Shelly Badger, City Administrator Joe Williams, Williams Broadcasting Company Gary Beck, Yelm Chamber of Commerce Dennis Mattson, Thurston County Economic Development Council Ray Allred,WSDOT-Rail Ken Garmann, Public Works Director Port of Olympia Commissioners Jeff Dickison Steven Pottle Bob Van Schoorl February 9, 1998 Surface Transportation Board U.S. Department of Transportation 1925 K Street NW Washington, D.C. 20423 Re: Roy to Yelm Short Line—Yelm, Washington Dear Board Members: The Port of Olympia's primary mission is to promote economic development throughout all of Thurston County. In this regard, we write to urge your careful attention to Burlington Northern/Santa Fe's current plans to discontinue use of the Roy to Yelm Short Line and to surplus this segment of rail. We hope the Surface Transportation Board will seriously consider this matter at the appropriate opportunity and takes steps to maintain this critical rail link to the Yelm community. The Yelm community has been working actively to promote economic development in that community. The Yelm Industrial Park has been designated for this purpose. Currently, the Roy to Yelm Short Line runs through the center of the industrial park. Because Yelm is located away from the I-4 corridor, maintaining a rail link to the industrial park is critical to the future economic development in this area. We are aware that the City of Yelm has requested a right of first refusal to acquire this segment of rail line in the event Burlington Northern/Santa Fe continues with existing plans. While we hope Burlington Northern/Santa Fe will reconsider its plans and continue to maintain this vital rail link, we also hope that the company will honor the City's right to acquire this rail link should these plans not change. We are also confident that the Yelm Industrial Park will attract industrial operations needing rail service and that this will become a profitable business opportunity.for Burlington Northern/Santa Fe and the Yelm Community. In this regard, we are urgeing Burlington Northern/Santa Fe to work with the City of Yelm and Yelm business.-leaders to allow this economic activity an opportunity to achieve results benefiting all parties. 915 Washington Street NE,Olympia.WA 98501-6931 Tel(360)586-6150 Fax(360)586-4653 inquiries@portolympia.com I Executive Director,Nick Handy Surface Transportation Board Page 2 February 9, 1998 The Port of Olympia stands ready to assist in these matters and we hope you will call upon us if we can be of assistance. Sinc&dy Nic Executive Director - Cc: Kathy Wolf, Mayor Shelly Badger, City Administrator Joe Williams, Williams Broadcasting Company Gary Beck, Yelm Chamber of Commerce Dennis Mattson, Thurston County Economic Development Council Ray Allred, WSDOT-Rail Ken Garmann, Public Works Director 9 MONDAY FEBRUARY 2, 1998A7. ................................. .iION EDITORIAL PAGE EDITOR: MIKE OAKLAND/754-5464 I 'gro,und , ,< 3cription contraceptives.The re • pack of insurance coverage puts 1A/Or�C ont-ace tives beyond the fman- :ial reach of many Women of Yelm must ''ne TONY SNOW ;hild-bearing age. t0 save railOTHER VIEWS Make no mistake,the state of Yelm officials must continue Washington is deeply enmeshed their all-out push to save the rail Democrats n this issue because taxpayers line that serves the city's indus- I.J dick up much of the tab for live trial center. put land mines and for abortions. . The 4.5-mile stretch of track to paid for 41 percent of all between Yelm and Roy is owned taxpayers of$159million. - . by the Burlington,Northern in Clinton s path nt of Social and Health Services Santa Fe Railroad. tween 1991 and 1994 the aver- Yelm officials,have been told ■ DEMOCRATS: Their .for publicly funded maternity the owner.is considering selling rule changes plague the the seldom-used portion of . m unintended pregnancies was track president. The first thing.Yelm officials rte's 26,000 annual abortions,are. did was fire-off a letter to First lady Hillary Rodham ded pregnancies.In 1996,ac Burlington.Northern asking for Clinton came out firing last shington State Council on Fain- the right of first refusal should week on the"Today Show," Mate paid for 10,479 abortions at., the line be put up for sale. ,blaming her husband's most re- on. If Burlington Northern.offi- cent woes on a"vast right-wing back on taxpayer support for cials agree,Yelm will be at the conspiracy that has been con- Is and maternity care is to head of the line of prospective spiring against my husband t re ancien In the first lace. purchasers. since the day he announced for A p Raising the money to pur- president."She mentioned only i is sponsored by Rep:Cathy chase,then maintain,the track three villains by name—Jerry ,would compel health insurers will be a significant hurdle,but Falwell and North Carolina adividuals or groups to provide the challenge must be tackled Sens.Jesse Helms and Lauch raceptive drugs or devices..To one step at a time. Faircloth—and insinuated that Third of the large group plans Yelm is one of the fastest- independent counsel Kenneth es. growing areas of South Sound.A Starr and federal Judge David ;most Washington residents— number of new businesses have Sentelle belonged to the cabal. c opinions about abortion— sprung up in recent years de-. That would bring the total of spite its distance from Inter- plotters in the"vast"coup to reducing the number of un- state 5. five. ies is a good idea. Having an industrial center step in that direction.We en- with rail access will be key to at- ming for dirt 1p Dyer,R-Issaquah,chairman. tracting new businesses and in- The Missus described the Ith Care Committee,to bring dustries'to the Yelm area. )ublic hearing and vote.If you Yelm officials are wise to try fiends as"mean-spirited...po- to reserve the rail line, litically motivated...right-wing 786-7$52. P using the criminal-lustice sys- WrWashington State Transportation Building AN Department of 'Transportation P.O.Box 47300 Sud Morrison Olympia,WA 98504-7300 Secretary of Transportation August 21,2000 Mr. Ken Garman Public Works Director City of Yelm PO Box 479 Yelm, WA 98597-0479 City of Yelm Railroad Corridor Acquisition STPR-1495(001) FUND AUTHORIZATION Dear Mr. Garman: We have received FHWA fund authorization,effective August 9, 2000, for this project as follows: PHASE TOTAL FEDERALSHARE Right of Way $338,064 $292,425 Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA-4153 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. In addition,this supplement decreases your PE funds to a total of$55,000($47,575 federal share). Although documented CE determination was approved August 9, 2000 and right of way funding authorized, you are still required to request updated species listings every six months until this project is complete. If any species listings or locations have changed, the Biological.Assessment must be updated appropriately. Verification of the requests will be part of the project management review. All future correspondence relating to the project is to be submitted to your Regional Local Sincerel , Kathleen B. Davis Program Management Director Highways&Local Programs Service Center KBD:jm DRS Enclosure cc: Mike Horton, Olympic Region,7440 Washington State Local Age r Agreement Supplement ®e Department of Transportation `Qcd, Supplement Number 1 Agency Federal Aid Project Number City of Yelm `u't't;6- STPR - 1495 001 Date Agreement Number 7-14-00 T,A 41 51 The Local Agency of City of Yelm desires to supplement the agreement entered into and executed on July 19, 1999 as identified above. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Yelm to Roy BNSF Rail Corridor Acquisition Length 4 . 55 Miles Termini Yelm to Roy Description of Work This project wzfil preserve approximately 4 . 55 m-i-les of BNS-F -rail line- threatened for abandonment. It will serve as a dual use Bike/Pedestrian Reason for Supplement and Commuter/Freight corridor . Termini change and change in estimate of funding. Estimate of Funding Type ®f Work (1) (2) (3) (4) ( )' �� Previous Supplement Estimated Total Estimated Agency Estimated Agreement/Suppl. Project Funds Funds Federal Funds E a. Agency Work _06, &O f,Cc- -( - b. Other I°!, 20 ~3aO!i ci,G �5! i ',D c. State Services d. Total PE Cost Estimate (a+b+c) . H DIL'&-Ot' () ) DO Right of Way e. Agency Work f. Other g. State Services ?100 - -,() ,, -, h. Total RNV Cost Estimate (e+f+g) - :�� ,; :C 1 r ,�!' ?!1_10 • l I�� D Construction 1. Contract j. Other k. Other I. Other ;> Notal Corft act Go�s i++ + . Construction Enol lenring n. Agency Work o. Other p. State Forces q. Total Construction Engineering (n+o+p) r. Total Construction Cost Estimate (m+q) s.Total Project Cost Estimate (d+h+r) / �;I� (� fj r�,l,'f? �{, T(? (G�,r)U (r(),n `Federal participation in Constr ution Engineering(line q)is limited to 15%of the Total Contract Cos (line m,column 5). The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. AGENCY OF'FICIAL WASHINGTON STATE By X71 • J DEPARTMENT OF TRANSPORTATION y Iv -1Aoency Title By —"—1 Assistant fary for Tr insAld Date (J t?O Date DOT Form 1V0-041 Er Date Executed Revised 10/97 Page 1 of 1 From: Steve Day <sday@bpmlaw.com> ! To: 'Ken Garmann' <garmann@yelmtel.com> Date: Friday, February 25, 2000 3:03 PM Subject: RE: October 22, 1997 Thanks! I have called Charlie's office and left a voice mail about what we need. he won't be back in until after 4:00. Stephen L. Day Betts,Patterson&Mines,P.S. 1215 Fourth Avenue,Suite 800 Seattle,Washington 98161-1090 (206)292-9988 fax:(206)343-7053 http://www.bpmlaw.com This is a privileged and confidential communication. If you are not the addressee, you may not read,copy or distribute this email. If you receive this email in error, please advise us by return email or call (206)292-9988 so that we may correct our records. ----=Original Message----- From:Ken Garmann[mailto:garmann@yehntel.com] Sent:Friday,February 25,2000 11:18 AM To: Steve Day Subject:Re:October 22, 1997 Steve, Thanks for making the PWD in Yelm "shine" at the RAC 1 ! Will you call Charlie to order the proper legal attachement ? KLG ----Original Message----- From: Steve Day<sda�bpmlaw.com> To: Ken Garmann (E-mail) <garmann@yelmtel.com> Date: Thursday, February 24, 2000 1:41 PM Subject: October 22, 1997 Ken, I thought I would start a draft for you. I will bring a disk with me, as well. But, I thought if I emailed it you might have time to polish it up before the meeting. «1 FPL01!.DOC» 02/25/2000 copy DAVID EVANS AND ASSOCIATES, T R A N S M I T T A L 3900 Pacific Highway East TO: Ken Garmann suite311 City of Yelm Public Works Director 105 Yelm Avenue West Tacoma,Washington 98424 Yelm, WA 98597 Tel: 253.92s.9780 DATE: March 3, 2000 Fax: 253.922.9781 FROM: Eric J. Williams PROJECT: Pedestrian/Bike Trial Conceptual Plan PROD.#: YELM0002 1 ITEM COPIES DALE,., DESCRIPTION 1 2 3/3/00 Pedestrian/Bike Trial Conceptual Plan 2 1 3/3/00 Yelm Rail-With-Rails Master Plan Pedestrian/Bike Trial Conceptual Design ❑ AS YOU REQUESTED ❑ FOR YOUR APPROVAL ❑ RETURN REQUESTED ❑ DOCUMENT CONTROL ® FOR YOUR INFORMATION ❑ FOR YOUR REVIEW ❑ COMMENTS: ,�4, 0,- Outstanding Pr . . Outstanding Quality r -- --- - -- - - - - - PUGST - - Ajz PACIFIC SOUND 8 7 NEWS=FOR-P-UGET-SOUND-&=PACIFIC-C-USTOMERS,-EMPLOYEES,AND FRIENDS ------ January-February -January-February 2000 No. 9 Another roundofPSOP posts record 4th quarter Glass I merger Fourth quarter carloadings on the Lumber loadings are also expected to The recent announcement by the Puget Sound&Pacific soared 18.4%to increase. Burlington Northern Santa Fe and Ca- a record 3,316 units. Volumes in Octo- New business prospects include ship- nadian National Railway that they plan ber, November and December were ments over the Curtis,Milburn&Eastern to merge their companies caught the 1,133, 1,149 and 1,034 respectively— Railroad, now operated by the PS&P railroad industry by surprise.Given the exceeding any prior months since the since October 1999. "We're marketing past and current problems associated PS&P began operationAugust30,1997. the 350-acre industrial property at -----with-other Class 1-mergers,-It-was-not----Traffic-is up l0%-for the year,despite- -Curtis,"-says Foster;who also hopes to` anticipated that another merger would the August 1999 shutdown of the mill at attract shipments of propane and fer- come so soon. Simpson Timber and reduced shipments tilizer to the line. Since the BNSF and CN have not yet from the Navy,which together totaled Marketing plans call for working with filed their merger plan with the Surface nearly 400 carloads."Business has been the Port of Grays Harbor and Bulkmatic Transportation Board (STB), it is difficult good," says Tom Foster, PS&P's Vice to develop the transload business. to speculate at this point on the direct President and General manager. He Tacoma Rail is an important PS&P impact on the Puget Sound & Pacific. foresees a surge in log loading in 2000. partner, Foster says. "We'll be seeking We are in the process of analyzing our "There is more demand for Washington opportunities.in 2000 to find commodi- various traffic flows and commodities logs going into Oregon and California." ties that we both can move." to see where there might be opportuni- ties or threats as a result of a new com- bined US/Canadian system. We will "Thi Olympian" reports ®n the PSP know more when the BNSF/CN merger plan is filed with the STB in late March. "The growing success of Elma's Puget noted the switching from truck to rail to In the meantime,the American Short Sound and Pacific Railroad means move the mill's chemical supplies saved Line and Regional Railroad Association fewer trucks will be clogging South as much as 15%on costs. (ASLRRA) is studying the proposed Sound'stowns and highways,"reported Ray Allred of the Washington state merger from the standpoint of its over- THE OLYMPIAN on February 17. Department of Transportation estimates all impact on the short line industry.The Reporter Duggan Kinne noted the short line railroads "...replace about ASLRRA will make a filing in the case PS&P handles more than 10,000 car- 500,000 truckloads of freight on with the STB and will testify at the pre- loads of freight annually.Steve Hatfield, Washington's highways each year,and liminary hearing the STB plans in early chemical supply coordinator at save us about $21 million a year in March. Weyerhaeuser's Cosmopolis Pulp Mill highway maintenance costs," Finally, it should be noted that the remaining large Class I railroads are mounting an aggressive campaign against the merger.Their contention is Carloads j the BNSF/CN merger, if approved, will precipitate other defensive mergers of January 2000 the remaining players. We will take an i 1,000 O active part protecting the interests of Q i our customers and our railroads during this critical period of industry consoli- dation.Your opinions and feedback on the matter would be greatly appreci- 800 ated. DAVE PARKINSON { CHAIRMAN 700 ' Q PUGET SOUND O PACIFIC 1 t 600 Monthly carloadings ® 1999 1998 t i 500 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec n L..�_..._.�__.____..__.�.....�._..,___..._._.....__,...._.. _...._...—__�_�..._ e.,,_.._.`_�......._V_...._.._.__..._�.__..-._._._._....�_._............._...._..._..-,-...^r u__._.,_a..�-..i. f_._._.._.._...:��.._..»..�.�.._._...._. _..o. _.....,_._..�.—.tet ' S-UNDFII(V Washout! P66P reopens line in 16 hours Grays Harbor moires When Cloquallum Creek overflowed and ballast to restore the track. record pulp volumes its banks December 15 washing out "We started at 7 in the morning and Faced with a labor lock out at PS&P's main line south of Elma,Wash., were ready to roll at 1 1:14 that night," Vancouver, British Columbia, four ma- the railroad's five-person engineering says Ron Walley,PS&P roadmaster. In- jor pulp manufacturers turned to the crew sprang into action,working con- terchanges were made to both the UP Port of Grays Harbor, served by the tinuously for more than 16 hours to re- and BNSF that some evening. PugetSound&Pacific Railroad,to move open the line. "I'm proud of the work that they did. 175 carloads of pulp that had already The crew filled two washouts that It was a heck of an accomplishment," been sold to overseas markets. were 40 to 60 feet long and up to five says Tom Foster, PS&P VP and general "Our number one concern with di- feet deep,dumping 14 carloads of rock manager. verting cargo was meeting our cus- tomers' need for product,"reports Mel Nunweiler, Marine Transport Adminis- trator for Weldwood of Canada Lim- }}JJ ' . iced. "We found the rail and port ser- V. F y. S F vice to be very good." Bill McGregor, theport's actin ex- ecutive director,says,'From x- ecutivedirector,says,"From the minute Puget Sound & Pacific Railroad had the railcar to the time longshore labor loaded it aboard the ship, teamwork was in action and it demonstrates just - :-: .-_ what the Port of Grays Harbor is ca- 7. pable of accomplishing." ° * Grays Harbor received more diverted Canadian breakbulk cargo than the ports of Olympia, Everett, and v Bellingham combined. Other railroads helping facilitate the move were British Columbia Rail, Ca- nadian National,and Burlington North- - i 1i WASHOUT CREW—PS&P's engineering ern and Santa Fe crew are p.to r.):Track Foreman Mike Spalding;Roadmaster Ron ` 1 Walley;and Laborers Tyrone E The Emerson, Jim Desmarias,and Tyler mission Of Mlle f Olsen. ! Puget sound R - Above:Overflow from Cloquallum Pacific Railroad: �t Creek became a raging river, I j -- tearing-out-P-S&P-'s-main-line:-— ! Customer-oriented,_relable�_ and cost-competitive Below:Restored main line. rail/intermodal j transportation services. , 3 PUGET SOUND & PACIeIc RAILROAD 501 N.2ND ST.,P.0.BOX L-2 y. ELMA,WA 98541 (360)482-4994 m THoms R.FOSTER,VP'&GENERAL MANAGER -' Ifo.40 2.1 0 21 GATEwAY:RoAD i NAPA,CA 94558 (707),254-1414 1 y DAVID L.PARKINSON,CHAIRMAN * t THOMAs L.SCHLOSSER,PRESIDENT &CHIEF OPERATING OFFICER 40 CENTS IN STORES FEBRUARY 17,2000 SERVING WASHINGTON'S SOUTH ETSOUND _ _ 50 CENTS IN COIN RACKS Elma's rail line eases truck traffic 4 ' A ![rjS { t' F iT �a Steve Bloom/rhe Olympian CHUGGING ALONG: Tom Foster's Puget Sound and Pacific Railroad's tracks are humming with a variety of work, from hauling timber to transporting parts for the Navy. ■ BY RAIL:The From Elma, the line con- Timber is an important cus- ton state Department of tinues west to Aberdeen/Ho- tomer for the line. Transportation's Freight Rail PS&P handles 10,000 quiam.Also from Elma, the "We ship 80 percent of our Program. "We estimate they carloads a year for railroad extends.northeast to lumber products by rail, to replace about 500,000 CllStOmerS SllCh as Shelton, and beyond to Bre- markets throughout the U.S. truckloads of freight on merton and Bangor. that aren't practical to reach Washington's highways each Simpson Timber. The PS&P handles more by truck or barge," said Jim year, and save us about$21 than 10,000 carloads of Senner, manager of traffic. million dollars a year in By Duggan Kinne freight annually. Those services for Simpson Timber highway maintenance For The Olympian freight cars are loaded with at Shelton. "We average costs." The growing success of lumber, plywood, pulp, about 13 carloads of lumber The advantage of a short- Elma's Puget Sound and Pa- chemicals,feed grains,fertil- products shipped each day. line railroad is that it is cific Railroad means fewer izers, flammable gases, That's 50 or more truckloads more aggressive and en- trucks will be clogging South metal,wood chips,logs and a day not moving through trepreneurial than the large Sound's towns and high- special parts for the U.S. Shelton and down 101." rail lines, said Tom Foster, ways. Navy. And PS&P isn't the only rail general manager of the The 149-mile -short-line Almost all of PS&P's line taking traffic off the line. railroad extends from a con- loaded cars are picked up roads. "We have a much smaller nection with the Burlington from or handed off to "There are 16 operating customer base,and providing Northern and Santa Fe Rail- Burlington Northern and the short-line railroads in good service is how we sur- way at Centralia westward 32 Union Pacific at the Cen- Washington, with about vive,"he said."For instance,if miles to Elma, its center of tralia connection. Forest 1,000 miles of track," said a customer is working extra operations. products giant Simpson Ray Allred, of the Washing- shifts to produce more prod- uct and needs to move cars over the period. It's a good on Saturday,we'll make sure product that people are us- that happens." ing more of." Steve Hatfield is the chemi- The PS&P is one of three cal supply coordinator at short-line railroads operating Weyerhaeuser's Cosmopolis under the direction of a com- Pulp Mill. He said he has mon executive group. The switched from trucks to train other two railroads are the cars to bring in the pulp mill's Arizona and California, chemical supplies and saved started in 1991,and the Cali- as much as 15 percent on fornia Northern, started in costs. 1993. "We unload and work right Foster is always thinking out of the cars when they're about ways he can expand sitting on our siding,"he said. his business. "In a sense,the cars are addi- "There's a great opportu- tional portable storage space nity for a short-line railroad we don't need to build.A hid- serving Olympia," Foster den benefit is fewer trucks on said. "With the population the road from Seattle to Port- and industrial growth in the land." area, it could provide a great The PS&P began opera- service—not quite yet—but tions in August of 1997 af- maybe soon." ter reaching an agreement with the Burlington North- ern to take over operations on its existing lines. The railroad has 21 full-time employees and six freight locomotives. "We've increased our number of loads by 35 to 40 percent in the almost three years we've been in opera- tion," Foster said. "Our growth has been sustained Reprinted with permission of the Olympian . r OF in p�� • C iof Yelm 105 Yelm Avenue West P.O. Box 479 YELIN WggF{INOTON Yelm, Washington 98597 (360) 458-3244 /p FILL March 1, 2000 Pap Rich Batie Burlington Northern Sante Fe 3017 Lou Menk Drive P.O. Box 961039 Fort Worth, TX 76161-0039 Re: Acquisition of the "Prairie Line" Dear Mr. Batie: At your suggestion,the City of Yelm has moved forward with formulating a formal offer to purchase the Prairie Line. Since the City is proposing to spend public funds, it was necessary for us to obtain support for the expenditure of these funds. We hired a professional firm with railroad property experience to conduct an appraisal of the line. We rely on this appraisal, in part,to make this formal offer. Based upon this appraisal, and the limited amount of fee simply property in the subject right-of- way, the City of Yelm hereby offers Burlington Northern Santa Fe $300,000 for the purchase of the Prairie Line. A detailed description of the Prairie Line, as that term is used in this offer, is attached as Appendix "A". We anticipate that Burlington Northern Sante Fe Railway Company may have a different valuation of this property. Without disagreeing with that valuation, we suggest that Burlington Northern Santa Fe consider making a gift to the City of that portion of your line valuation constituting the difference between our$300,000 and the valuation your company places upon the line. The tax benefit attendant with a gift to the City would increase the value of the overall transfer for Burlington Northern Sante Fe. We are most anxious to conclude this transaction. Please let us know as soon as possible whether or not Burlington Northern Santa Fe accepts this offer. As usual, if you have any questions, please call me directly. 67017/030200 1513/57820001 Rich Batie March 2, 2000 Page 2 Sincerely, City of Yelm tL-q [,,.,-- Ken Garmdun Public Works Director KG:kt 67017/030200 1513/57820001 4� 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 party aware of all limiting conditions and assumptions of the assignment and related discussions. YELM0003 David Evans and Associates,Inc. Page 7 _ Page 1 of 6 _ a= From: Kristina Brunner <dksherrod@world net.aft.net> To: Chuck Mott <Innova s ;. c@halcyon.com ,>• chuckmott@halcyon.com <chuckmott@halcyon.com>; David C. Mott <mott@everett.com>; rcih < ak@techlme.com rcihak@techline.com>; tonytrif@email.msn.com <tonytrif a@email.msn.com> Cc: willchj@co.thurston.wa.us <willchj@co.thurston.wa.us>; tonytrif@msn.com <tonytrif@msn.com> Date: Monday, February 14, 2000 11:42 AM Subject: Fw: Request Rail Issue be raised with WSDOT Forwarded for your information. 1-695 continues to cause gridlock in Olympia. No one wants to move on any issues until the legislature says which ones are important. All other issues will wait. Voters are keen on roads, ferry & transit issues. Freight doesn't vote, but freight rail access is key to our economy and quality of life. BNSF has already determined that their future is in Vancouver, BC and Los Angeles/Long Beach. Washington will increasingly become a pass-through state for goods moved between the Southern California British Columbia. Dave ----- Original Message ----- From: David Sherrod <dksherrod(a)-worldnet.aft.net> To: <Ericksen Do(&-leg wa gov>; Carolyn Edmonds <Edmonds Ca@leg.wa.gov>; Rep. R Radcliff<Radcliff ReO-Ieg.wa.gov> Cc: <maggi.fimia(cD_metrokc gov>; <tonytrif email.msn.com>; Fakkema, Nian <fakkema ni@leg wa gov>; Norton, Maren <Norton Ma cr leg.wa.gov>; Ruff, Sandy <ruff sa@leg.wa.gov> Sent: Monday, February 14, 2000 11:04 AM Subject: Request Rail Issue be raised with WSDOT Rep. Edmonds, Ericksen & Radcliff: Greetings &Very Best wishes. Please take some time to address, or identify for future action, strategic rail corridors for Washington State. We know that you are very busy, but this issue cannot wait to be raised until next year. In the following text, you will find an email from the state rail division in response to my forwarding another press from the Canadian head of the new CN/BNSF merger. Once you have reviewed the email from Stephen Anderson, State Rail Division and the press release, please consider the request that follows in the next paragraph. 02/14/2000 �. �� ,3 : . . , . . .. � .. ,.. � .. �,� °� .. Page 2 of 6 ACTION ITEMS The following action items are requested in descending order of priority. I am confident that one or more of the actions below are possible in this session: 1. Direct WSDOT or request LTC begin a strategic assessment of north-south and east-west rail corridors in Washington state. Provide funds to do produce a report prior to the next Legislative session. 2. Provide funds for Cascade Foothills Corridor feasibility study 3. Provide funds for feasibility of reopening Old-Milwaukie rail line from Renton through Ellensburg to Lind, WA. --- If any of the above are not possible, then request you do the following: 4. a. Write a letter to the leadership of the House and Senate Transportation Committees requesting they direct WSDOT produce a strategic assessment of north-south and east-west rail capacity and report back within 90 - 120 days on their findings or recommendations. b. If you prefer, please consider Writing an individual or joint letter to the Secretary of Transportation requesting his opinion on the strategic rail issues below. (The following should factors should be addressed in the response/report) a. BNSF/CN merger impacts on Washington state b. Improvements at Port of Vancouver& Ports of Los Angeles/Long Beach c. Improvements & projected improvements at Puget Sound ports d. Potential for Washington State to become a "pass-through"state for increased north-south cargo that provides no economic benefit to the state e. Impacts of increased passenger rail service along the BN mainline on freight capacity f, Impacts of increased "pass-through" freight traffic on passenger rail and commuter rail service in Western Washington. Additional impacts resulting from reduced state/federal capital improvements funding. g. Recommendation for new north-south rail corridor in Western Washington -- opinion on Cascade Foothills Corridor or Puget Sound Urban bypass route for high-speed freight & passenger rail. h. Recommendation for new east-west rail capacity-- opinion on reopening Old-Milwaukie rail line; opinion on expanding Stampede Pass tunnel to accommodate double stack rail. i. Identify range of funding options to make investments in new 02/14/2000 ,. _ _ _ . . . . _. .� ... .. ._.. - u Page 3 of 6 strategic rail corridor capacity (federal discretionary grants and loan programs; state & local (including ports), public-private partnerships, class I railroad investment opportunties, Short-line railroad investment opportunities) CONCLUSION: I strongly urge you to take at agree to at least one of the action items recommended above. I would be happy to discuss this with you further or answer any questions that you may have regarding this request. WSDOT will not respond without an indication from the legislature that this issue is important. Decisions are being made in Montreal, Vancouver, BC and Southern California that do not bode well for the long-term health and economic well-being of Washington state. Our lack of action for whatever reason (1-695, "no-new taxes", Sound Transit delays) is being viewed negatively. Please let me know if there is anything that I or others can do to assist you with this matter. Very best regards, David Sherrod ----- Original Message ----- From: Anderson, Stephen <AndeSt _WSDOT.WA.GOV> To: 'David Sherrod' <dksherrod@worldnet.att.net> Sent: Monday, February 14, 2000 9:38 AM Subject: RE: Tellier says CN/BNSF Combination will benefit shippers David - Thanks for the news items. As to your earlier message about the corridor concepts, I did discuss it with Ken Uznanski. He's waiting for the leg. to bring up the issue during the session, if that's their intention, since we have so very much other stuff to cover while they are in town. If the leg does not address the issue this time around (bailing out the 695 mess is consuming 200% of their time), then we can talk after the session about what's next. I did see that a proposal for Interstate 605 was in the papers last week, but don't know of anything more concrete than that. Stephen M. Anderson North/South Mainline Product Manager Washington Dept. of Transportation PT&R Rail Office (360) 705-6903 (360) 705-6821 fax (360) 456-9032 pager 02/14/2000 VY *94n In .. .. !• , ,. • ...1 r,I r ,.... .. son... Page 4 of 6 From: David Sherrod fSMTP:dksherrodCaD-worldnet.att.netl Sent: Monday, February 14, 2000 8:08 AM Subject: Tellier says CN/BNSF Combination will benefit shippers Wednesday February 9, 2:03 pm Eastern Time Company Press Release Shippers Will Benefit From CN/BNSF Combination, Says CN's Paul M. Tellier WINNIPEG, Manitoba--(BUSINESS WIRE)--Feb. 9, 2000-- (TSE: CNR. <http://finance.yahoo.com/q?s=cnr.to&d=t> - news <hftp://biz.yahoo.com/n/ca/c/cnr.html> ; NYSE: CNI <http://fiinance.yahoo.cgm/q?s=cni&d=t> - news <http://biz.yahoo.com/n/c/cni.html> ) Canadian National's strategic combination with Burlington Northern Santa Fe Corporation (BNSF) will strengthen the competitive position of shippers in the new North American economy, says CN President and Chief Executive Officer Paul M. Tellier. Tellier said today the proposed end-to-end combination of CN and BNSF -- the two most efficient, most customer-focused railroads on the continent -- will help shippers and receivers seize the "enormous" economic opportunities flowing from fast-rising north-south continental trade and the increasing economic integration of North America. The combination will also ensure CN is an integral part of a North American rail system with the network reach and scale to compete effectively with large U.S. railroads created by recent industry consolidation, he said. Tellier, speaking to the Canadian Club of Winnipeg, said the combination aims to improve continental trade flows. Trade is vital to Canada's economy -- 42 per cent of the nation's gross domestic product is exported, and 85 per cent of its trade is with the U.S. Significantly, rail moves 40 per cent of Canada's exports. Tellier said these realities, along with the 10 per cent to 15 per cent annual increases in Canada-United States-Mexico trade, demand CN serve customers with facilities increasingly located throughout North America. Of CN's top 20 customers, 14 have facilities in at least two of the three NAFTA countries. Just six have facilities solely in Canada. "Without an excellent, low-cost transportation service, these customers 02/14/2000 Page 5 of 6 either will not be able to compete -- or they will not be able to afford to remain in Canada. Our vision is for a railroad that gives efficient, single-line service to customers across the continent." CN and BNSF announced their proposed combination through a new company, North American Railways, inc., on Dec. 20, 1999. The combination will create a rail system stretching 50,000 route miles, linking shippers and receivers throughout Canada and 34 U.S. states, and employing 67,000 people. The combined system will offer North American shippers greatly expanded and efficient single-line service options and gateway choices; a coordinated marketing plan; reduced transit times; enhanced reliability; unified customer service information, including easier tracking, tracing and ordering; simplified billing; greater capacity in areas subject to congestion; and improved asset utilization. Canadian shippers will benefit from new north-south routes to the U.S., including a "straight-shot" link south of Winnipeg to Minneapolis, Kansas City, Dallas and Houston and Mexico; a new single-line route south from British Columbia through the Pacific U.S. states; additional gateways to Mexico; and deeper reach for Canadian ports into the U.S. interior. Agricultural producers and shippers in Manitoba and the Canadian Prairies will enjoy new market reach: * Wheat will have direct, single-line access to major American millers; * Canola meal and feed barley will have improved access to markets in Missouri, Arizona, Colorado and Mexico; * Oats and malting barley will have better access to processors and consumers in markets such as Minneapolis; * Specialty crops, Canola, wheat and barley will have direct access to Mexico; * Potash shippers will have single-line access to customers on the BNSF network, while U.S. phosphates and feed grains will move to Western Canada more efficiently. Tellier said CN remains fully committed to its efficient east-west core network in Canada and to Winnipeg as a key hub in its system. In the past two years, east-west traffic on CN's main line grew at an average annual, rate of almost five per cent. Shippers need not worry about service disruptions, Tellier said. CN and BNSF plan an end-to-end combination -- one that requires no rationalization of redundant facilities -- and the two railroads share a common information 02/14/2000 )Iaito�l vin! N ;W)Qw lot; .01:00 N insax, oinso Kim 00111"OlSon UNT ANG" AM AW so =1 WY8000 oww'SnA AS, .. . Klafalta Slavy, Mon -in fV11=01 AN iota '41, 1100y; =165000 ay� aay&o jowylp has twice WWWAI Ora ISSAI ."C", 0110" 2 Is local! SA; WSW 01=00, "STS, papal non!"Sys 1SQ1 A snon to! Vow movene;q a nownwo 1,01 VIVO vonal yNIA1 not M Olson, :201, Synd MY yahoo too Won Mrso •ago, MI.,1100 We MAWIM 11) SPAW Womse...1 01 51=001 lily! SaWaRyl NO Was ietoti,;, Nunn Spomw ;AS is Xsvp WMA ru.11 ,1001 no usual wan-Imm"ON Page 6 of 6 n � technology platform. "The bottom line: I guarantee you that service will not suffer when this combination takes place. In fact, we will provide better service." Tellier concluded: "We have crafted a solution that is good for Canada and good for Manitoba and the Canadian Prairies... By combining with BNSF, CN secures for its customers the advantages that make the American rail system such a strong competitor, "We will have the efficiencies of scale. We will have the financial weight to continually improve our system. We will be able to provide the long hauls that will help our customers succeed in their end markets- whether in Canada or the United States. As a Canadian, i find this worth celebrating." A copy of this speech is available on CN's website, www.cn.ca/cnwebsite/cnwebsite.nsf/public/en NewsSpeeches <hftp://www.cn.ca/cnwebsite/cnwebsite.nsf/public/en NewsSpeeches> Canadian National Railway Company spans Canada and mid-America, from the Atlantic and Pacific oceans to the Gulf of Mexico, serving the ports of Vancouver, Prince Rupert, B.C., Montreal, Halifax, New Orleans, and Mobile, Ala., and the key cities of Toronto, Buffalo, Chicago, Detroit, Memphis, St. Louis, and Jackson, Miss., with connections to all points in North America. Investors are urged to read the joint proxy statement/circular/prospectus related to the CN/BNSF combination that was filed with the United States Securities and Exchange Commission (SEC) on Form F-4, together with any amendments to it, as it contains important information. Investors can obtain this and any other documents filed with the SEC without charge at the Internet web site of the SEC (www.sec.gov <http://www.sec.gov/> ). In addition, any documents incorporated by CN by i reference in the joint proxy statement/circular/prospectus are available without charge from CN, as described on page three of the joint proxy statement/circular/prospectus. Contact: Canadian National Railway Company Mark Hallman, 416/217-6390 http://www.cn.ca <http://www.cn.ca> 02/14/2000 -i 7. .. .. .... ..� s.,, ._.. .... .. .i. � ., .. .... . .. .s Law Offices BETTS PATTERSON & NUNES, Ps. 800 Financial Center .. 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206-343-7053 Stephen L. Day Phone:206-292-9988 eMail: sday@bpmlaw.com February 7, 2000 Ken Garmann Director, Public Works City of Yelm 105 Yelm Ave. W. P.O. Box 479 Yelm, WA 98597 Re: Central Oregon &Pacific Railroad v. Rick Franklin Corp. Dear Mr. Garmann: Enclosed for your information is the Judgment and Decree of Foreclosure entered on February 4th in the above-entitled matter. Sincerely, Kathy Titterington Secretary to Stephen L. Day KT:kt Enclosure 64692/020700 1118/99990008 I Stephen L. Day Christopher W. Tompkins 2 BETTS, PATTERSON & MINES, P.C. U �' �' ! ? -4 �; I�. 7 800 Financial Center _- 3 1215 Fourth Avenue C`� ++' - L' =-:;'T c't" ;T Seattle, Washington 98161-1090 Vu. �.._, :,. - 4 (206) 292-9988 e V Y 5 William G. Wheatley, OSB No. 59106 Lloyd W. Helikson, OSB No. 81054 6 JAQUA & WHEATLEY, P.C. 825 East Park Street 7 Eugene, Oregon 97401 (541) 686-8485 8 9 10 Of Attorneys for Defendant Rick Franklin Corporation 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON 12 CENTRAL OREGON & PACIFIC Case No. 97-6071-TC 13 RAILROAD, INC., a Delaware 14 corporation, Plaintiff, (Consolidated Cases) 15 vs. JUDGMENT AND DECREE OF 16 RICK FRANKLIN CORPORATION, an FORECLOSURE Oregon corporation, 17 Defendant. 18 RICK FRANKLIN CORPORATION Case No. 97-6137-TC 19 Plaintiff, VS. 20 CENTRAL OREGON & PACIFIC 21 RAILROAD, INC., a Delaware corporation; and SOUTHERN PACIFIC 22 TRANSPORTATION COMPANY, a Delaware corporation, 23 Defendants. 24 25 This consolidated action came on for trial before the Court and a jury, the 26 Honorable Thomas M. Coffin presiding, and the issues having been duly tried and JAQUA&WHEATLEY,P.C. ATTORNEYS AT LAW 825 EAST PARK STREET JUDGMENT AND DECREE OF FORECLOSURE-7 EUGENE. OR 974012909 (541)686-833: t� 1 i 1 decided, and the jury having duly rendered its verdict: We, the Jury, find: 3 Plaintiff's Claims: 4 1. Was Rick Franklin Corporation negligent in one or more of the ways alleged by Central Oregon Pacific Railroad, which was the cause of damage to Central Oregon 6 Pacific Railroad? 7 ANSWER: NO (Yes or No) 8 4. Did Rick Franklin Corporation breach its obligation to perform its work in a 9 competent, professional and workmanlike manner, which was the cause of damage to 10 Central Oregon Pacific Railroad? 1 1 ANSWER: NO (Yes or No) 12 Defendant's Claim: 13 6. Did Central Oregon Pacific Railroad expressly or impliedly contract with Rick 14 Franklin Corporation to pay Rick Franklin Corporation for its services in cleaning up 15 the site of the August 17, 1996, derailment? 16 ANSWER: YES (Yes or No) 17 The parties stipulated and'agreed.that the value of the work performed by Rick 18 Franklin Corporation in cleaning up and repairing the damage caused by the August.17, 19 1996 derailment was $621,730.. 20 The Court thereafter issued thefollowing Conclusions of Law: 21 1. .RFC (Rick Franklin Corporation) has no liability to CORP (Central Oregon & 22 Pacific Railroad, Inc.) under either CERCLA or the Oregon environmental statutes.. The 23 acts causing the breakaway were caused by third-.parties for which RFC had no 24 responsibility. Further, RFC acted in a reasonable manner and performed all work in a 25 workmanlike manner that was free from any negligence. 26 2. _ RFC gave all required notice for its lien, and did so in a timely manner JAQUA&WHEATLEY,P.C. ATTORNEYS AT LAV 825 EAST PARK STREET JUDGMENT AND DECREE OF FORECLOSURE-2 EUGENE, OR 974012909 (511)666-3165 I pursuant 10 ORS 87.005 et. sec.. 2 3. RFC has satisfied all of the statutory requirements for its lien. Its work to 3 clean up the second derailment included preparation of the site for the construction 4 and repair, and RFC's billing gave CORP clear notice of the amounts RFC was charging 5 for each part of the cleanup work. 6 4. All of the work performed by RFC in cleaning up the second derailment was 7 subject to the lien. The billing did not include non-lienable charges. 8 5. RFC has prevailed on its lien foreclosure claim. RFC is entitled to attorney 9 fees in the amount of $300,697. 10. 6. RFC is entitled to pre-judgment interest on its clean-up costs at the rate of 9% I interest. 12 NOW,THEREFORE,IT IS ORDERED AND ADJUDGED that judgment on all the 13 claims of Central Oregon & Pacific Railroad, Inc. against Rick Franklin Corporation be 14 entered infavor of Rick Franklin Corporation and.against Central Oregon & Pacific 15 Railroad; Inc., and that Central Oregon & Pacific Railroad, Inc. recover nothing thereby, 16 and that all of the claims of Central Oregon & Pacific Railroad, Inc. against Rick 17 Franklin Corporation are dismissed with prejudice; and 18 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that judgment on the 19 lien claims of Rick Franklin Corporation be -entered in favor of Rick Franklin 20 Corporation and against Central Oregon & Pacific Railroad, Inc., and against Southern 21 Pacific Transportation Company, in the amount of $598,178.98, plus attorney fees in the 22 amount of $300,697, and plus prejudgment interest, on the base"amount of $598,178.98, 23 until the date of entry of judgment, in the amount of $178,861.16 (calculated through 24 January 21, 2000 at the rate of.$147.50/day), for a total lien judgment as of January 21, 25 2000, in the amount of ONE MILLION SEVENTY SEVEN THOUSAND SEVEN 26 HUNDRED THIRTY SEVEN AND 14/100 DOLLARS ($1,077,737:14), and that the JAQUA&WHEATLEY,P.C. ATTORNEYS AT LAW 825 EAST PARK STREET JUDGMENT AND DECREE OF FORECLOSURE-3 EUGENE, OR 974012909 (541)686-9485 I Amended Construction Lien of Rick Franklin Corporation is hereby foreclosed as to 2 Central Oregon & Pacific Railroad, Inc. and as to Southern Pacific Transportation 3 Company against the property, and improvements on the property, described on the 4 attached Exhibit A, and that the lien is hereby declared to be a first, valid, and subsisting 5 lien against that property and improvements, and that the property and improvements 6 are to be sold as by law provided on execution, and that Rick Franklin Corporation is 7 permitted to purchase at the sale, with credit for the entire amount of the lien 8 judgment, including attorney fees and prejudgment interest, with the proceeds from 9 the sale going towards payment of the amount of the total lien judgment, including 10 attorney fees and prejudgment interest, with any deficiency being fully collectible, and 11 that Central, Oregon & Pacific Railroad, Inc. and Southern Pacific Transportation 12 Company and all persons or entities claiming by or through them are forever 13 foreclosed of all right, title, and interest, legal and equitable, in the real property, except 14 the statutory right of redemption, to the extent applicable, and that execution and an 15 order of execution issue to enforce this decree; and 16 IT IS FURTHER ORDERED AND ADJUDGED that judgment on Rick Franklin 17 Corporation's breach of contract claims against Central Oregon & Pacific Railroad, Inc. 18 be entered in favor of Rick Franklin Corporation and against Central Oregon & Pacific 19 Railroad, Inc., in the amount of $621,730, plus prejudgment interest until the date of 20 entry of judgment, in the amount of $185,879.58 (calculated through January 21, 2000, at 21 the rate of $153.30/day), for a total judgment on the contract claims, as of January 21, 22 2000, in the amount of EIGHT HUNDRED SEVEN THOUSAND SIX HUNDRED NINE 23 AND 58/100 ($807,609.58), with THIRTY THOUSAND FIVE HUNDRED SIXTY NINE 24 AND 44/100 ($30,569.44) of the total judgment on the contract claims representing 25 contract claims damages ($23,551.02) and accrued prejudgment interest ($7,018.42), as of 26 January 21, 2000, not included as damages and accrued prejudgment interest in the JAQUA&WHEATLEY,P.C. ATTORNEYS AT LAW 825 EAST PARK STREET JUDGMENT AND DECREE OF FORECLOSURE-4 EUGENE, OR 974012909 (,4 i)686-848; 1 total lien judgment; and 2 IT IS FURTHER ORDERED AND ADJUDGED that there will be an offset against 3 the lien portion of the judgment, other than the attorney fees portion ($300,697), to the 4 extent of payments on the breach of contract portion of the judgment, with the offset 5 resulting in a total required payment under both the lien and contract claims of ONE 6 MILLION ONE HUNDRED EIGHT THOUSAND THREE HUNDRED SIX AND 58/100 7 DOLLARS ($1,108,306.58), calculated as of January 21, 2000, exclusive of any additional 8 prejudgment interest after January 21, 2000, post-judgment interest, and costs; 9 IT IS FURTHER ORDERED AND ADJUDGED that the claims of Rick Franklin 10 Corporation,-other than the breach of contract and lien claims, are dismissed as moot,. 11 based upon the jury verdict and court determinations as to the breach of contract 12 claims, the lien claims, and the environmental claims of Central Oregon & Pacific 13 Railroad, Inc.; and 14 IT IS FURTHER ORDERED AND ADJUDGED that judgment be entered in favor 15 of Rick Franklin Corporation for post-judgment interest on the above judgment 16 amounts at the rate of r ' /o (to be completed by the Clerk at the time of filing at the 17 rate determined by the Secretary of the Treasury) as provided by law, and, in addition, 18 that Rick Franklin Corporation may recover its costs of action (to be submitted .in 19 accordance with Local Rule 54.1). 20 Dated this day of f y, 2000, at Eugene, Oregon. 21 --Ttcyoq�' �\ (59�:z 22 Thomas M. Coffin U.S. Magistrate Judge 23 Proposed Judgment Submitted January 20, 2000 by: 24 Lloyd W. Helikson, OSB #81054 Jaqua & Wheatley, PC 25 Attorney for Defendant Rick Franklin Corporation 26 AC:Central e.RFC\Pld/Proposed Judgment 1/20/2000 JAQUA&WHEATLEY,P.C. ATTORNEYS AT LAW 825 EAST PARK STREET JUDGMENT AND DECREE OF FORECLOSURE-5 EUGENE, OR 974012909 (531)6S64485 -v 'LOP# 4sOd aT-.gq Pu=TTUH Mcxxg 'au3Tae:�ueo peozTTea PTEs BuoTe 'SSaT aO BaCM '4aa9 099 }seg saTT quFod goTr.m '£06# PeOa A4unoj euTZsaT03 Jo SUTTsa:.uao e214, tPTH auTTsa:�U-90 Pgarrz-ex pTes go uQl oa9xa�uF ago Buzaq 'snuT=a4 go =}u-rock aq:: oq. '(SSOT zo 8aom 006- 6) sssT zo riot¢ 'saTT'n 9L8'r 'PeOZZTTE= PT-2s 9:0 auTT=e4uao au4 6uoTE -,AT=atpaoH aouau:t _uo5asQ '�un0D uosxo'er uz ueFPF�W G44ewGTTTM st.r, -;0 ITe :gsug Z abu2g 'tanog. T$ dT gstmol 'L PuE 9 suoz4oaS Pub 'I-G-BH T abuEg 'Mnog T$ aTtlsuMos 'Z; PM9 T S-uoT::�aaS o4 uowmoo rauxoo uOT.10as etr4 40 4ss3 gaa3 5917 Puu .ggaox 4aag 06V 3eTI x10TIlM 'SOVO 4Sod aTIEN PEo=TFea 4u .6uTuuTBaR :SMOTTog S2 pagTjosap XTa9Tn0T4-rpd atom Buraq uoF:tsod pFgg go auT-raa:�uao 014 '99BI 'SZ ATn.0 'ssa- Guo,) 3o qoV Aq eoTiamV jo siD4uFs P94TMa atr4 mos. quRMB Aq peiFnboa uoT:�sod 42ta oq se ji:-PTH uF 4UP3 OOZ PLTeT -40 dT-T4s 2 04 Pula 'uoBa.=p 'A:�uricyj uos3per g:o spsooag paaa act. 3o 'S$9 VIM T89 saBBd '£T 'D=ToA u? G88T 'TZ air papsooa�x spaap Aq paxTnboe uoT-la0d Zuq4 oq 5E. 44PTM UT 4eag OOT PSI 3o dFsls 2 (4 p-agTMTT buTaq 'Auedmoo p80.trTua 01T.- 'J Pue U060ao ails. 'To .&� go :�uBF= .pgoxr-r2.a ata 30 UOT4XOd 3Egs ? g SIS 600 a ° CERTIFICATE OF SERVICE I certify that I have served a true, exact and full copy of the foregoing original JUDGMENT AND DECREE OF FORECLOSURE on: S. Joel Wilson John R. Osburn Bullivant, Houser, Bailey, Pendergrass & Hoffman 300 Pioneer Tower 888 SW Fifth Avenue, Suite 300 Portland, OR 97204-2089 Attorneys for Plaintiff Christopher W. Tompkins Stephen Day Betts, Patterson & Mines, P.S. 800 Financial, Center 1215 Fourth Avenue Seattle, WA 98161-1090 Attorneys for Defendant By the following method: by U.S. Mail, to the addresses indicated above and mailed on _, 2000. XX by facsimile transmission on January 20, 2000, to the offices of Bullivant, Houser, Bailey, Pendergrass & Hoffman at(503) 295-0915; and Betts, Patterson &Mines, P.S. at (206) 343-7053, with a courtesy hard copy mailed on January 20, 2000, to the addresses indicated above. by delivery to a messenger service or other hand delivery, on , 2000, for immediate delivery, to the address(es) indicated above. by personal delivery to the above attorney for plaintiff on , 2000. JAQUA & WHEATLEY, P.C. By: W' lam G. W eatley, OSB No. 59106 Lloyd W. Helikson, OSB No. 81054 Of Attorneys for Plaintiff, Rick Franklin Corporation Law Offices BETTS PATTERSON & MINES, P.S. , 800 Financial Center 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206-343-7053 Stephen L. Day Phone:206-292-9988 eMail: sday@bpmlaw.com December 28, 1999 Mr. Ken Garmann Director of Public Works City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: City of Yelm—Purchase of BNSF Branch Dear Ken: Enclosed for your review is our invoice for costs and services rendered in the above-referenced matter. If it is satisfactory, we ask that you kindly place the invoice for payment in the ordinary course. Thank you for allowing Betts, Patterson&Mines to continue representing the City of Yelm in this matter. cerely, Stephen L. Day SLD:kt Enclosure 41666/122899 1016/57820001 FII. COPY DAVID EVANS AND ASSOCIATES, INVOICE : 029090 3700 Pacific Highway East Job No.: YELMOOOI.000,111,1 1 Suite iii December 10, 1999 Tacoma, Washington 98424 To: City of Yelm P.O.Box 479 ` Tel: 253.922.9780 Yelm,WA 98597 Fax: 253.922.9781 Attn: Mr.Ken Garma Project: Roy-Yelm Railroa alysis Service Provided: _ Shortline operations study in accordan with agreement dated 3/23/98. Billing Period: Through November 27, 1999 Labor: Discussions with client regarding BNSF valuation,etc. C.Burnham,P.E. 1.5 Hours @ 99.00.....................................................$ 148.50 J.Prine, Clerical 0.4 Hours $ 40.00.....................................................$ 16.00 LaborSubtotal...................................... ..........................................................................$ 1664.50 TotalThis Invoice............................................................... ..............................................................................$ WO Bi ing Summary TotalInvoiced to Date ..................................................... ...................................................................................$ 11,573.20 TotalReceived to Date .................................................... ................................................................................$ 0,468.20 NETAMOUNT DUE ........................................................................................................................................$ 1,105.00 Thank you for your patronage. Please contact Charlie Burnha at(253)922-97819 if you have any questions regarding this invoice. Terms: Invoice due and payable upon receipt. Interest at the rate of 1.5%pe month will be charged on all amounts outstanding beyond 30 days of invoice date. cEE/jbh Please send a copy of this invoice with your payment 029090.IN V/D#8X/12/14/99 L� EMBER Outstanding Outstanding Quality* / GLOBAL ALLIANCE 4 r �cn DAVID EVANS AND ASSOCIATES, INVOICE : 029090 3700 Pacific Highway East Job No.: YELM0001.0001 Suite 311 December 10, 1999 Tacoma, Washington 98424 To: City of Yelm P.O.Box 479 Tel: 253.922.9980 Yelm,WA 98597 Fax: 253.922.9781 Attn: Mr.Ken Garmann Project: Roy-Yelm Railroad Analysis Service Provided: . — -Shortline operations study in accordance-with agreement dated 3/23/98. Billing Period: Through November 27, 1999 Labor: Discussions with client regarding BNSF valuation,etc. C.Burnham,P.E. 1.5 Hours @ $ 99.00.....................................................$ 148.50 J.Prine,Clerical 0.4 Hours @ $ 40.00.....................................................$ 16.00 LaborSubtotal.................................................................................................................$ 164.50 TotalThis Invoice...............................................................................................................................................$ 164.50 Billing Summary TotalInvoiced to Date .........................................................................................................................................$ 11,573.20 TotalReceived to Date .........................................................................................................................................$ 10,468.20 NETAMOUNT DUE .........................................................................................................................................$ 1,105.00 Thank you for your patronage. Please contact Charlie Burnham at(253)922-9780 if you have any questions regarding this invoice. Terms: invoice due and payable upon receipt. interest at the rate of 1.5%per month will be charged on all amounts outstanding beyond 30 days of invoice date. CEB/jbh Please send a copy of this invoice with your payment 029090.INV/D#8X/12/14/99 I I / I • / GLOBAL DON ALLIANCE ? � f t ? LAKEVIEW t ° YELM/ROY TO LAKEVIEW t E__ 'A PUBLIC UTILITY 3 : 4 , PROPORTIONATELY OWNED { # ; BY THE CITIES OF 2 YELM AND ROY 1 " TO PROMOTE f BUSINESS DEVELOMEN ? j 2 i ECONOMIC GROWTH r A.i TO IMPROVE THE ENVIRONMENT �- � 2 2 AND ENCOURAGE } s � z n.. A QUALITY OF LIFE i , _ :: ALONG THE RAIL CORRIDOR FAW"f j i { pp # 4 f zi i . t . S } 1 t •. ? # ROY — ; } i 1 t 1- f E E t t _ 1 -y I ! t i j � F � # f t. 1 'rt i S t g p IE } t { } a d f i i _ a 21 _'�. �'•a.� �-�� 3 �» „+�5_, �s..}�, 46 J •e 41, Clr�f � �!� City of Yelm Amo FILE COPY To: Mayor Wolf& Council From:Ken Garmann CC: Shelly Badger Date: 12/02/99 Re: Roy to Yel BN rail line appraisal To meet the federal requirements for T-21 STP funds allocated through Thurston Regional Planning Council for the acquisition of the Roy to Yelm "Prairie Line" the City is required to have the right-of-way and improvements appraised by a certified appraisal firm. David Evans and Associates, Inc. our railroad consultant has submitted a fixed-fee not to exceed quote of$12,500 to perform the appraisal. The appraisal will meet the federal requirements outlined in the "Local Agency Guidelines". The Public Works Department recommends this contract be awarded. • Page 1 YWQIXJ/U/1Y1GJf1'IA'.T\.LG - ,JVV7YJVIJV IG/V7 77 IV.VN 17V. IL1 VL UR,OWES OWENS DAViES MACKIE P.S. JOHN V LYMAN . '-,,,I". - WFOPY ALEXANOERW.MACKIE' A Professional Services Corporation RICHARD 0.PHILLIPS.JR BROW L BUDSBEFIG Attorneys at Law Sineet address MICHAEL W.MAYBEFM 926-24th Way S.W. KIRK til VEIs Olympia,Washington 98502 ROBERT F.HAUTH MATTHEW B.EUWAROS Mailing address BURTON R.JOHNSON Iwo) P.O.Bax 187 ERIK 0.PRICE Olympia,Washington 98507-0187 OAWD B.MERCHANT Phone (360)943-8320 'ALSO ADWTW N WASHIMTON,Mt. Facsimile (360)943-6150 December 9, 1999 Ken Garmann City of Yelm P.O. Box 479 105 Yelm Avenue West Yelm, WA 98597 RE: Robert L. Carroll Letter Dear Ken: As we discussed, the planned uses for property around the railroad track in the City of Yelm are all identified in our comprehensive plan and zoning ordinances. The City does not maintain a correspondence file with respect to such uses and I am unaware of any public document which would otherwise satisfy the request, other than the planning documents referenced above. Correspondence concerning negotiations for the acquisition of real estate are not public documents and are cxem,pt from disclosure as a general matter. Very truly yours, OWENS DAVIES MACKIE, P.S. Alexander W. Mackie AWM/kr C A531Ye1m1G armannLt2.wpd ,r4 FILFCi o �'elln 4 M 105 Yelm Avenue West .,ELM P.O. Box 479 WA13HINGTON Yelm, Washington 98597 (360) 458-3244 [)ecember 13, 1999 Mr Robert L. Carroll 112 Circle View Drive Yelm, WA 98597 RE: Railroad Lear Mr. Carroll, r In reference to your question of public disclosure concerning the acquisition of the ONSF rail line, Mr. Sandy Mackie, our city attorney, has reviewed your request. I have atta',ched a copy of Mr. Mackie's response. Based on Mr. Mackie's findings, please be advised that copies of the comprehensive.plan and zoning ordinances are available for purchase or review at city hall. Additionally., these documents are available to review at Timberland Library. If you have any questions, feel free to call my office at (360) 458-8499. Sincerely, City of Yelm �L C - .. Ken (3arma)n Public Works Director CC Mr. Sandy Mackie, Esq. Mayor Kathryn Wolf Shelly Badger, CAO s n FRANK J..wENS ARTHUR L.DAVIES O W E N S ®AV I E S MACK!E P.S. JOHN V.LYMAN I ALEXANDER W.MACKA Professional Services Corporation RICHARD G.PHILLIPS,,JR. BRIAN L.BUDSBERG Attorneys at Laval Streetaddress i MICHAEL W.MAYBERRY 24th W 926- aS.W. KIRK M.VEIS y S. ROBERT F.HAUTH Olympia,Washington 08502 MATTHEW B.EDWARDS Mailing address BURTON R.JOHNSON(iso) P.O.BOX 187 ERIK D.PRICE Olympia,Washington 8507-0187 DAVID B.MERCHANT 'ALSO ADMITTED IN WASHINGTON,O.C. Phone (360)943- 320 (360)943- 150 i December 9, 1999 Ken Garmann City of Yelm P.O. Box 479 105 Yelm Avenue West Yelm, WA 98597 RE: Robert L. Carroll Letter Dear Ken: As we discussed,the planned uses for property around the railroad track in the City of Yelnr are all identified in our comprehensive plan and zoning ordinances. The City does not ma' tain a correspondence file with respect to such uses and I am unaware of any public document which,would otherwise satisfy the request, other than the planning documents referenced above. Correspondence concerning negotiations for the acquisition of real estate are not public documents and are exempt from disclosure as a general matter. Very truly yours, i OWENS DAVIES MACKIE, P.S. y Alexander W. Mackie i AWM/kr C A531Ye1m\GarmannLt2.wpd FRANK J.OWENS ARTHUR L.DAVIES O W E N S DAVIES M A C K I E P.S. JOHN V.LYMAN ALEXRICHANDERW.MIPS,J A Professional Services Corporation RICHARD G.PHILLIPS,JR. P BRIAN L.BUDSBERG Attorneys at Law Sheet address MICHAEL W.MAYBERRY 926-24th Way S.W. KIRK M.VEIS ROBERT F.HAUTH Olympia,Washington 98502 MATTHEW B.EDWARDS Mailing address BURTON R.JOHNSON(1970) P.O.Box 187 ERIK D.PRICE Olympia,Washington 98507-0187 DAVID B.MERCHANT Phone (360)943-8320 'ALSO ADMITTED IN WASHINGTON,D.C. Facsimile (360)943-6150 December 9, 1999 Ken Garmarm City of Yelm P.O. Box 479 105 Yelm Avenue West Yelm, WA 98597 RE: Robert L. Carroll Letter Dear Ken: As we discussed,the planned uses for property around the railroad track in the City of Yelm are all identified in our comprehensive plan and zoning ordinances. The City does not maintain a correspondence file with respect to such uses and I am unaware of any public document which would otherwise satisfy the request, other than the planning documents referenced above. Correspondence concerning negotiations for the acquisition of real estate are not public documents and are exempt from disclosure as a general matter. Very truly yours, OWENS DAVIES MACKIE, P.S. Alexander W.-Mackie _ C A53\Yelm\GannannLt2.wpd VWGIVJ/U/iV1- I'U14I"1C JUV7'+JVIJV IG/V7 IU.VU IIV. /Gl VG FRANK MTHUR L.PAVIES J.,WENS ARTHUR O W E N S D AV I E S MACKIE Fit F, I P Y, JOHN V.LYMAN . AI.EXMDERW.MAC,KIE• A Professional Services Corporation RICHARD o.PHILLIPS.JR BRUN L BUDSBERQ Attorneys at Law street address MICHAEL W.MAYBERM 926-24th Way S.W. WRK M.VEI3 Olympia,Washington 98502 ROBERT F.HAUTH MATTHEW B.EDWARDB Mailing address BURTON R.JOHNSON(1970) P.O.Box 187 ERIK D.PRICE Olympia,Washington 98507-0187 DAVID B.MERCHANT Phone (360)943-8320 •ALSOAPLOTTEONWASHINGTON,DX- Facsimi[e (360)943-6150 December 9, 1999 Ken Garmann City of Yelm 6-1— P.O, 2P.O. Box 479 105 Yelm Avenue Wester Yelm, WA 99597 RE: Robert L. Carroll Letter P U C� f'" SP1 Dear Ken: As we discussed, the planne uses for property around the railroad track in the City of Yelm are all identified in our comprehensive plan and zoning ordi�nances_. The City does not maintain a correspondence file with respect to such uses and i am unaware of any public document which would othetwise satisfy the request, other than the planning documents referenced above. Correspondence concerning negotiations for the acquisition of real estate are not public documents and sire exempt from disclosure as a general matter. Very truly yours, OWENS DAVIES MACKIE, P.S. Alexander W. Mackie AWM/kr C'\53\Yelm\G ar[nannLt2.wpd FILE �cn Opy DAVID EVANS AND ASSOCIATES, MEMORANDUM 3700 Pacific Highway East TO: Ken Garmann - Public Works Director suite 311 FIRM: City of Yelm Tacoma, Washington 98424 FROM: Charles Burnham, P.E. DATE: October 26, 1999 Tel: 253.922.9980 SUBJECT: TRAIL CONCEPTS Fax: 253.922.9781 PROJ.#: YELM0001 COPIES: DEA is in the initial stages of providing a conceptual design for a pedestrian/bicycle trail running in the existing railroad right-of-way from Yelm to Roy. The concept assumes continued rail operations in the corridor with positive separation of the trail from the track. Initially the trail will be unpaved. We have determined that approximately 1.4 miles of the trail will be within the City of Yelm urban growth boundary. The south terminus of the trail will be immediately north of Yelm Avenue where the railroad right-of-way crosses the street. The north terminus is anticipated to be approximately 0.75 miles south of the Wilcox Farms feed mill in Roy. Since the trail will not utilize the existing track grade, it will require construction of a new trail grade. The construction will also eventually include a river crossing structure at the Nisqually River. DEA will review options for the structure including construction of a new bridge and attaching a trail structure to the existing steel railroad bridge. The conceptual plan will address such issues as access,parking, signage,trail amenities, and landscaping. Typical costs for this type of trail range from$40 to$50 per foot of trail. The lower end of the range is an unpaved trail with minimal amenities. The Higher end is for a paved trail with more complete amenities. These rough costs do not include structures such as the Nisqually River crossing will require. A new structure of the type and size required for this application could easily cost$2,500 per foot of bridge. Avery rough cost estimate is provided below. Low Range High Range Yelm to Power Canal 1.4 miles $ 296,000 $ 370,000 Power Canal to Roy 3.2 miles $ 676,000 $ 845,000 Nisqually River Bridge 400 feet $ 1,000,000 $ 1,200,000 Totals $ 1,972,000 $2,415,000 . One very significant cost that is not included in these costs is acquisition of the right-of-way. All of the costs assume that the right-of-way will already be in city ownership. a �EMBFgo. / / / GLOBAL Do.ALLIANCE AI)l � �cn DAVID EVANS AND ASOC ATES, MEMORANDUM 3900 Pacific Highway East TO: Ken Garmann - Public Works Director Suite 311 FIRM: City of Yelm FROM: Charles Burnham, P.E. Tacoma, Washington 98424 DATE: October 25, 1999 Tet. 253.922.9780 SUBJECT: UPDATE PROJECTED COSTS Fax: 253.922-9781 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 our 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 1 each @$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. o SEM B fq Professionals Outstanding GLOBAL DON ALLIANCE 1 �cn 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. City of - Memo iLL COP To:. Charlie Burnham From:Ken Garmann CC: File Date: 12/22/99 Re: North American Rail "Prairie Line" Enclosed are the following documents: 1. Conceptual Thurston County Plan for ROW South of West Yelm Ave. 2. Y-3 proposed corridor Enjoy & Merry Christmas �.Page 1 M �" � � t'( � �i 1 4Y � City of Yelm 105 Yelm Avenue West YELM P.O. Box 479 WASHINGTON Yelm, Washington 98597 i (360) 458-3244 November 17, 1999 i i Mr. Robert.L. Carroll 112 Circle View Drive Yelin, WA 98597 RE. Railroad i Dear Mr. Carroll, I ain in receipt of your letter dated October 22, 1.999. Per your request for information regarding the acquisition of the BNSF rail line to Roy, I have requested an opinion frc m the City's attorney. I will respond to your request for additional information when I receive his opinion. 1 P you have any questions, feel free to call my office at (360)458-8499. Sincerely, City of Yelm GI Ken Garmann Public Works Director Law Offfices BETTS PATTERSON ►�® & MINES, P.S. 800 Financial Center 1215 Fourth Avenue --� l � Seattle,Washington 98161-1090 Fax: 206-343-7053 Stephen L. Day Phone: 206-292-9988 eMail: sday@bpmlaw.com November 19, 1999 Mr. Ken Garmann Director of Public Works City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: City of Yelm—PurchaseBNS ranch Dear Ken: Enclosed for your review is our invoice for costs and services rendered in the above-referenced matter. If it is satisfactory, we ask that you kindly place the invoice for payment in the ordinary course. Thank you for allowing Betts, Patterson&Mines to continue representing the City of Yelm in this matter. i cerely,: S L. ay SLD:kt Enclosure 41666/111999 1312/57820001 F LE-C PUGET --- SOUNDS _ — PACIFIC _ _ - E�— - 1 - `:NEWS-FOR-PUGET SOUND&-PACIFIC=CUSTOMERS;-EMPLO-YEES,AND--FRIENDS October-November 1999 No. 8 Where are we going? Traffic rebounds October was a record month for the to reduced shipments of scrap by the One of the frustrations in the railroad busi- Puget Sound & Pacific Railroad with U.S. Navy. ness is our lack of real,dynamic growth.It is carloadings totaling 1,133, or 34.9% Programs are in place to bring more diff icuitto be self-critical,but sometimes it is more than the same month last year. business to the railroad,including bulk necessaryto geta clear picture of where we For the first ten months,PS&P's volume chemicals to the new transload facility are. rose 4%to 8,587 carloads. at Grays Harbor,which received its first There has been a lot of publicity in recent "We're seeing increased shipments shipment on October 19. The railroad years.about_the"Rail-Renaissance,"starting- -of-lumber-and-logs;—says Tom-Foster,--1 also handled itsfirsTshipmenofmunici- with deregulation of,the railroad industry PS&P's vice president and general pal solid waste in containers from the about 1980. But,whatever this renaissance manager. "We're also benefiting from Belfair area, north of Shelton. "We're is,it has not included dynamic growth.While a surge in pulp traffic from Canada that the gross national product grows—in recent g p p also looking forward to increased traf- is being exported via the Port of Grays ficfrom Simpson Timber,which recently years at about 3%per year—rail traffic grows Harbor."' t only about 1-to-2%annually.That means expanded its Mill No. 5," says Foster. a at are losing transportation market share. PS&P'scarloadings for the year have The PS&P began operating the To whom? The answer is obvious—to the been "a roller coaster," Foster notes. Chehalis, Millburn & Eastern October trucking industry!While the railroads'share He attributes part of the recent decline 14 (See CM&E story,page 2), of the business has stabilized and grown somewhat to about 40%of the intercitytraf- fic volume measured inion-miles,our share are of intercity freight revenue has dropped to Puget Sound & Pacific train crews the PS&P and Grays Harbor for help, 11%or Not good!That means we are hauling have doubled and sometimes qua- PS&P train crews have been working pie. A large ora lowerhefr eoftvoluhe revenuein- drupled service to the Port of Grays withthe Portto handle the traffic,which pie. A large part of the freight volume in- Harbor to hal handle a surge in pulp crease is coal and grain.If you assess Class p g p p jumped from 20 cars to upwards of 60 a I railroad revenues for the past decade, shipments for export that began in early week. Because track serving the dock discarding the effects of mergers, we see October, and to speed empty cars is shared by Portac and Paneltech, that they are relatively flat. back to Canada for reloading. switching must be coordinated with So when and how do the railroads re- When Da!showa and Weldwood these customers as well. verse the trend? For one thing, Class I rail- were confronted with a possible ser- PS&P Engineer/Conductor Larry roads need to refocus their marketing efforts vice disruption at the port of Vancouver, Sorenson is pleased: "The only way we on the real competition, the trucker,.and B.C•,the two pulp producers came to stay around is giving good service." resist the temptation to take away business from their Class I competitor by further low- ering ow ering already low railroad rates.Secondly, Carloads Class I railroads need to better utilize their 1,100 short line and regional railroad connections to extend their reach.This system now en- compasses about 30% of the national rail 1,000 network—most of it in rural areas where industrial development is welcomed and 900 where rail service is underutilized.With the Class I's commitment we,the short and re- gional lines, can help them grow the busi- 800 Lddr ! ness. Finally,we must deliver on the long-prom- ised,but elusive,commitment to customer- 700 friendly, reliable and dependable rail ser- PUGET SOUND D PACIFIC vice. Only when the latter is delivered will 600 Monthly carloadings we begin to regain market share where it ® 1999 1998 really counts—the intercity freight transpor- tation dollar. Soo DAVE PARKINSON Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec CHAIRMAN 1_� ES-0 .NE�iL1'FN 4M October-November 195_9 --, PSRP adds Chehalis, Millburn R Eastern RR McCullough is named Puget Sound &Pacific has been se- strength they would bring as an opera- transportation lected to operate the Curtis,Millburn& tor." superintendent Eastern Railroad—a 10-mile line owned The CM&E connects with the Burling- bythe Port of Chehalis,Wash.connect- ton Northern and Santa Fe and the Edward R. McCullough has been ing Chehalis and Union Pacific rail- promoted to the newly created post of Curtis,which features To Elma,Hoquiam,Bremerton roads, via the transportation superintendent, effec- a 350-acre industrial To Seattle Tacoma Rail tive November 1,with responsibility for site. The line is oper- Mountain Division. overseeing Puget Sound & Pacific's ated as the Curtis Sub- .os In addition to mar- day-to-day transportation activities. division of the PS&P. 9A keting, PS&P is pre- He joined the PS&P as a locomotive Raisch PS&P ran its first train N u paring a track pro- engineer/conductor when operations October 14 delivering Blakeslee Jct.: Centralia gram to upgrade began in August 1997 and previously 10 cars of tree fertilizer to and maintain the was a conductor for the Burlington Prodica: "We'll be market- Tommi R iv. line in accordance Northern and Santa Fe Railway. He Mountain Div. ing aggressively and working with Federal Railroad served in the U.S. Army for 17 years, - closely with the Port and the Administration advancing to the rank of major: Lewis County Economic De- Chehalis standards. A 1996 graduate of the National velopment Council to The Port pur- Academy of Railroad Sciences, develop business on Millburn chased the CM&E McCullough holds a B,S.in geology from the line," says Tom �� in November 1996 from Colorado State University, Fort Collins, Foster, PS&P vice ° B.p Weyerhaeuser, which His recent Army career includes posts president and gen- /Ruth s prior to the PS&P had as manager of human resources and eral manager."The '0 been operated by operations involving training and sup- Curtislndustrialsiteurtis the Chehalis- port planning for a 3,000 person organi- has significant po- Curtis Industrial Site Centralia Railroad zation in South Korea,including a team tential." 35OAcres Association, which of emergency specialists. From 1994 to Heidi Pehl,the Port's ex- runs steam train excur- 1996, McCullough served as deputy ecutive director,says,"We se- sions during the sum- director and department head with lected PS&P based on their quali- To Portland mer months and responsibility for training for corporate fications and experience and weekends. elements in an eight-state area: t The mission of the Puget Sound S s Pacific Railroad: Customer-oriented, reliable, i and-cost-competitive - " rail/intermodal ;rt transportation services. a s � � ----SO�U�N::D-L=1NES- PUGET SOUND &PACIFIC RAILROAD tr 501 N.2ND ST.,P.O.Box L-2 ELMA,WA 9,8541 (360)482-4994" THOMAS R.FOSTER,VP&GENERAL MANAGER FIRST TRAIN—Representatives from the Port of Chehalis and Puget Sound& No.401 • 221 GATEWAY ROAD Pacific were on hand October 74 when PS&P operated its first train over the NAPA,CA 94558 ' Curtis,Millburn &Eastern. (L. to r,)Harold Borovec, Chehalis-Centralia Railroad (707)254-1414 Association;Heidi Pehl, executive director,Port of Chehalis;July DeVaul,port DAVID L.PARKINSON,CHAIRMAN commissioner, Tom Foster,PS&P VP and general manager,'Ed Pemerl,retired THOMAS L.SCHLOSSER,PRESIDENT&CHIEF OPERATING OFFICER port commissioner. d 'F60,�r- MEMORANDUM `gig•: f TO: Ken Garmann - Public Works Director a 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 our 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 1 each @ $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 r til and hardware from both the mainline and sidings during the last 18 months. cindow,1emp\yelm4.doc hcn 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 vears 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: I'hc salvage value calculated here includes only track and structures. No attempt has been made to determine the alue 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, 854 600 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 erx significantly without a corresponding increase in the scrap material value. 11/17/99 WED 10:41 FAX 253 922 9781 DAVID EVANS&ASSOCIATES IRI 001 FILE I.Vvy DAVID EVANS AND ASSOCIATES, TRL9COFY TRANSM^I`^T '�' AL 3700Pacfr,Highway East T0: i / J I I 1 FAX NO: — 'Suitt 311 PHONE NO: racoma, Washington 9&424 FIRM #OF PAGES: Tel: 25j,922.9780 FROM: [ REGARDING: ._ Fax: 2.U.92.2.978i c DATE: COPIES: ORIGINAL TO FOLLOW: REGULAR MAIL ❑ OVERNIGHT MAIL COURIER WA Atia iL+�+1 16LA5 COMMENTS: a 11/17/99 WED 10:41 FAX 253 922 9781 DAVID EVANS&ASSOCIATES 2002 AUTHORIZATION FOR PROFESSIONAL SERVICES CLIENT: Mr.Ken Garmann DATE: November 15,1999 ADDRESS City of Yelm P.O.Box 479 Yelm,WA 98597 The signing of this Authorization(Agreement)by CLIENT and David Evans and Associates, Inc.(DEA)authorizes DEA to carry out and complete the services as described below in consideration of the mutual covenants set forth below. 1. PROJECT: The services described below are to be provided by DEA In connection with a Project identified as follows: Railroad Appraisal 2, SCOPE OF SERVICES: DEA will perform the following services: Scope of Services-Attachment A 3. FEE FOR SERVICES: DEA's fee for services identified above shall be as indicated below following the checked boxes ❑ A retainer amount of$ payable at the time this Authorization Is executed. This retainer amount shall apply to the fees due under this Agreement at the completion of the services provided by DEA. ® A fixed fee of$14- Q Afee amount based on the attached Personnel Rates and Expenses-Attachment B. ❑ Other. 4. EXTRA SERVICES, DEA will also perform Extra Services (services not specified under Scope of Services), provided DEA and CLIENT have agreed in writing to the scope of and fee for such Extra Services- 5. ATTACHMENTS: The following documents which are attached to this Agreement are incorporated herein and by this reference made part hereof. Z Standard Provisions ❑ Special Public Contract Provisions ❑ Special Construction-Related Provisions ® Scope of Services-Attachment A ❑ Special Environmental Provisions ❑ Personnel Rates and Expenses-Attachment B ❑ Other:,, ,,, CLIENT and DEA acknowledge that they are in agreement with the terms and conditions as set forth in this Authorization. ACe jED-FQK CLIENT: -� ACCEPTED FOR DEA: QSNSF RAIL ` DAVID EVANS AND ASSOCIATES,INC. �C, BY TITLE Mr.Ken Garmann TITLE Pete D.Gonzales,RE.,Office Manager DATE DATE By TITLE Charles 5,Burnhte DATE Rev.2/99 CEB.vtb Page 1 of 6 o:1market1pr6=001pro20M008 11/17/99 WED 10:41 FAX 253 °" 9781 DAVID EVANS&ASSOCIt' STANDARD PROVISIONS; calculations,to the extent that other information technology, used in combination with the information technology being S-1. STANDARD OF CARE: Services provided by DEA under acquired,properly exchanges dateltime data with it. this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members S-6. RIGHT TO SUSPEND SERVICES: 1n the event any of the same profession currently practicing under similar payment due DEA under the terns of this Agreement is circumstances. DEA makes no warranties, expressed or delinquent, DEA may, at CLIENT's sole risk and without implied, under this Agreement or otherwise, in connection liability or legal exposure to DEA or to DEA's with DEA's services, subeonsultants, suspend all services until all payment delinquencies have been remedied.In the event that payment S-2. TIME PERIOD FOR PERFORMANCE OF SERVICES: is delinquent more than 60 days,CLIENT shall be considered DEA will commence its services within 14 days of receipt by in material breach of this Agreement and DEA may, at DEA of the executed Agreement. DEA will perform its DEA's sole discretion, terminate this Agreement after 14 services in a diligent manner. DEA is not responsible for days written notice to CLIENT. delays caused by factors beyond DEA's reasonable control, including but not limited to delays because of strikes, S-7. PAYMENTS IN EVENT OF TERMINATION: In the lockouts, work slowdowns or stoppages, accidents, acts of event this Agreement is terminated, DEA will be God,failure of any governmental or regulatory authority to compensated for all services performed and expenses act in a timely manner, failure of the CLIENT to furnish incurred under this Agreement together with all costs arising timely information or approve or disapprove of DEA's out of such termination services promptly,or delays caused by faulty performance by the CLIENT or by contractors of any level. When such S-8. FURNISHED DATA- CLIENT will provide to DEA all delays beyond DEA's reasonable control occur,the rates and data in its possession, including, but not limited to,previous amounts of compensation provided for in this Agreement reports, maps, surveys, borings, and other information shall be subject to equitable adjustment and CLIENT agrees relating to DEA's Scope of Services. CLIENT will clearly DEA is not responsible for damages therefrom, nor shall delineate the boundary of the arca(s) that comprise the DEA be deemed to be in default of this Agreement. Project. DEA may reasonably rely upon the accuracy of the information provided by CLIENT. S-3. LEGISLATIVE ACTIONS: In the event of legislative actions after this Agreement is executed by any level of $-9. TIMFLY REVIEW: CLIENT will examine DEA's studios, govcmmcnt that impose taxes, fees, or costs on DEA's reports, proposals, and other related documents and render services or other costs in connection with this Project, such written decisions required by DEA in a timely manner. new taxes, fees or costs shall be paid by CLIENT. Should such taxes,fees,or costs be imposed,they shall be in addition S-10. PROMPT NOTICE: CLIENT will give prompt written to DEA's estimated total compensation. notice to DEA whenever CLIENT observes or becomes aware of any development that affects the scope or timing of S4. TIMES OF PAYMENTS: The unbilled portion of services the Scope of Services,or of any defect or nonconformance in will be invoiced on or about the tenth day of the month for the work of DEA. the portion of services actually completed. CLIENT agrees ro pay the invoiced amounts within 30 days of the date on the S-11. CLIENT'S PERSONNEL: CLIENT will be responsible for invoice_ Any payment not received by DEA within said 30 all acts of CLIENTS personnel. DEA will be responsible for days shall be considered delinquent CLIENT agrees to pay all acts of DEA's personnel. monthly late charges on any delinquent payments at a rate of 1.5%per month(or the maximum rate allowed by law if less) S-12. ADVERTISEMENTS, PERMITS, ACCESS AND for each month from the dare of invoice. Paymentswill be CONSENTS: Unless otherwise agreed to in the Scope of credited fust to interest and then to principal. Services.CLIENT will obtain, arrange for, furnish, and pay for advertisements for bids,permits and licenses required by S-5• YEAR 2000 WARRANTY: DEA warrants to CLIENT that governmental authorities, land easements, rights-of-way and it shall use due care not to specify any Year 2000 non- access, and such approvals and consents from orhers compliant components or systems where DEA has been necessary for DEA's services or Project construction• informed by CLIENT that such components or systems arc required to be Year 2000 compliant. For the purposes of this S-13. ACCESS TO CLIENT'S FACILITIES AND warranty:(1)due care means responsible inquiry and reliance PROPERTY: CLIENT shall arrange safe access to and upon component and system manufacturers representations make all provisions for DEA to enter upon public and private concerting Year 2000 compliance and (2) Year 2000 property and CLIENTS facilities as required for DEA's compliant means, with respect to information technology, services; and CLIENT shall provide labor and safety char the technology accurately processes date/time data equipment as required by DEA for such access. CLIENT (including, but not limited to, calculating, comparing, and will:also perform,at no cost to DEA,such tests of equipment, sequencing) from, into, and between the 20th and 21st machinery,pipelines,and other components of the CLIENT's centuries and the years 1999 and 2000 and leap year Rev.2199 CEB:vtb Page 2 of 6 o:Imarkeftpro120001pro2000-008 11/17/99 WED 10:42 FAX 253 — 9781 DAVID EVANS&ASSOCII-- IM004 facilities as may be required in connection with DEA's final cost,schedule or feasibility of the Project. DEA shall be services,unless otherwise agreed. entitled to reasonable adjustment to the Project schedule and additional compensation for costs and fees as necessary to S-14. HEALTH AND SAFETY; DEA shall not be responsible comply with the change of relevant laws,rules or regulations- for the means, methods, techniques, sequences, precautions, or procedures used by CLIENT, contractors, subconsultants, S-19- DEA CERTIFiCATION, DEA shall not be required to or others to ensure the health and safety of CLIENT, sign any documents, no matter by whom requested, that contractors,subconsultants or others. Further,CLIENT shall would result in DEA having to certify, guarantee or warrant provide a safe and healthy environment for DEA personnel the existence of conditions whose existence DEA cannot working at the project site in accordance with state and ascertain. CLIENT agrees not to make resolution of any federal occupational safety and health guidelines. dispute with DEA or payment of any amount due to DEA in any way contingent upon DEA signing any such certificate. S-15. LITIGATION ASSISTANCE: The Scope of Services does not include the services of DEA for required or requested S-20. INSTRUMENTS OF SERVICE: All reports, plans, assistance to support, prepare, document, bring, defend, or specifications, field data and notes and other documents; assist in litigation undertaken or defended by CUENT. All whether in hardcopy or in electronic form, including but not such services required or requested of DEA by CLIENT, limited to software, e-mail or internet transfers,prepared by except for suits or claims between the parties to this DEA or DEA's subconsultants, arc instruments of Agreement,will be Extra Services. professional service and are not products. In a discrepancy between a hardcopy document and electronic media, the S-16. NOTICE OF VIOLATIONS: CLIENT shall promptly hardcopy document shall govern. notify AEA in writing if a)CLIENT becomes aware of or is notified of a violation of any law, regulation, permit or S-21. DEA RETAINS OWNERSHIP OF DOCUMENTS; DEA license which relates to this Project; b) proceedings are shall retain ownership of all instruments of professional commenced which could lead to revocation of permits or service,whether in electronic media form or otherwise, and licenses which relate to the Project; c) permits, licenses, or whether or not the project is completed. CLIENT agrees that other governmental authorizations relating to the Project are any copies provided to CLIENT by DEA are only for revoked; d)litigation is commenced against CLIENT which: convenience and are not intended or represented to be could afPcct DEA or the Project; or e) CLIENT becomes suitable for reuse by CLIENT or others. Any reuse,change aware that its equipment or facilities related to the Project are or alteration is not permitted without written verification or not in compliance with applicable laws,regulations,permits, adaptation by DEA. Any such verification or adaptation will or licenses. entitle DUA to further compensation at rates to be agreed upon by CLIENT and DEA. CLIENT shall inderruiify and S-17. OPINIONS OF COST, FINANCIAL hold harmless DEA and DEA's subconsultants from all CONSIDERATIONS,AND SCHEDULES: in providing claims, damages, losses and expenses including attorney's opinions of probable cost, financial analysis, economic fees arising out of any unauthorized use of any instruments of feasibility projections, and schedules for the Project, DEA professional service. has no control over the cost of labor,materials,equipment,or services furnished by others; or over the Contractor's S-22. CHANGES IN SCOPE OF SERVICES: 1n the event methods of determining prices over competitive bidding or changes in the Scope of Services are needed which cannot be over market conditions; unknown or latent conditions of considered as Extra Services,CLIENT and DEA shall, upon existing equipment or structures that may affect operation or mutual agreement,execute an amendment to this Agreement. maintenance costs, competitive bidding procedures and Said amendment shall identify the changes to the Scope of market conditions; time or quality of performance by third Services and any change in fee amount resulting therefrom. patties; quality, type, management, or direction of operating DEA shall not be required to implement said changes in personnel; and other economic and operational factors that scope until the amendment is fully executed. Neither DEA may materially affect the ultimate Project costs or schedule. nor client shall unreasonably withhold its execution of any Therefore,DEA makes no warranty that the CLIENT's actual proposed contract amendment. Project costs, financial aspects, economic feasibility, or schedules will not vary from DEA's opinions, analyses, S-23. SUSPENSION OF SERVICES: DEA will, upon 14 days projections, or estimates. If CLIENT wishes greater written notice from CLIENT, suspend, delay,or interrupt all assurance as to any element of cost,feasibility, or schedule, or a part of the Scope of Services_ In such event,DEA will CLIENT will employ an independent cost estimator, resume the Scope of Services within 14 days of receiving contractor,or other appropriate advisor. written notice from CLIENT- Said written notice shall contain an extension of time and an adjustment in S-18. LAWS NOW IN EFFECT: DEA has based the schedule, compensation,both of which will be mutually agreed upon. fees, estimates of costs for services furnished by others,and costs of materials and equipment on the laws, rules and S-24. DELAYS AND CONTRACT ADJUSTMENT; If DEA is regulations now in effect. Any change of relevant laws,rules delayed in the progress of the Scope of Services by any act or or regulations after this contract is executed may affect the neglect of CLIENT, or by any separate contractor employed Rev.M9 CEB:vtb Page 3 of 6 o:lmark9tlpr620001pro2000.00B 11/17/99 WED 10:43 FAX 253 099 9781 DAVID EVANS&ASSOCIPrre 0 005 by CLIENT, or by other factors beyond DEA's reasonable including negligence,strict or statutory liability,or any other control, including but not limited to delays such as those cause of action, except for willful misconduct or gross listed in paragraph S-2, Time Perlod for performance of negligence under limitations of liability and sole negligence Services, DEA will give notice to CLMT of the cause of under indemnification. Potties mean CLIENT and DEA and the potential delay and estimate the possible time and/or their officers, employees, agents, affiliates, and compensation adjustment involved, After the cause of delay subcontractors. The parties also agree that the CLIENT will has been remedied,DEA will give notice to CLIENT of any not seek damages in excess of the limitations indirectly actual time or compensation adjustment requested as a result through suits with other parties who may join DEA as a third- of the aforementioned occurrence. CLIENT and DEA will parry defendant mutually resolve the request for compensation adjustment. S-30. INDEMNIFICA'T'ION$: To the fullest extent permitted by S-25. MEDIATION- CLIENT and DEA agree that all disputes law, DEA agrees to indemnify CLIENT from any claims, between them arising out of or relating to this Agreement damages, losses and costs arising out of claims by third shall be submitted to mediation unless the parties mutually parties for property damage and bodily injury, including agree otherwise_ death,and caused solely by the negligent acts or omissions of DEA, its employees, affiliated corporations, officers, and The CLIENT and DEA further agree to include a similar subcontractors in connection with the Project mediation provision in all agreements with other contractors and consultants retained for the project and to require all To the fullest extent permitted by law, CLIENT agrees to other independent contractors and consultants also to include indemnify DEA from any claims,damages, losses and costs a similar mediation provision in all agreements with arising out of claims by third parties for property damage and subcontractors, subconsultants, suppliers or fabricators bodily injury, including death, and caused solely by the retained by them, thereby providing for mediation as the negligent acts or omissions of the CLIENT,its employees,or primary method for dispute resolution between the parties to agents in connection with the Project. those agreements. Ifthe negligent act or omission of both DEA and CLIENT(ar S-26. TERMINATION: This Agreement may be terminated upon a person identified above for whom each is liable)is a cause 14 days' written notice should the non-terminating party of such damage or injury,the loss,cost, or expense shall be substantially fail to perform in accordance with its terms shared between DEA and CLIENT in proportion to their through no fault of the party initiating the termination. relative degrees of negligence. S-27_ GOVERNING LAW AND JURISDICTION: This To the fullest extent permitted by law, CLIENT agrees to Agreement shall be interpreted, construed, governed and indemnify DEA from any claims,damages,losses and costs, enforced in accordance with and under the laws of the State including attorney's fees and litigation expenses,arising out of Washington,without regard to the principles of conflicts of claims for liability sought under CERCLA,RCRA or other of law. Any case, controversy, suit action, mediation, or environmental laws, or relating to the presence, discharge, proceeding arising out of, in connection with, or related to release, or escape of Hazardous Substances, contaminants, this Agreement shall be brought in the State of Washington. asbestos or other Pollutants on or from the.Project.This does The undersigned expressly consents to the personal not obligate CLIENT to indemnify DEA for the jurisdiction in the State of Washington. The above consequences of DEA's own negligence or willful referenced jurisdiction agreement does not apply to disputes misconduct. involving liens on real property. Such disputes may be adjudicated in the state in which the real property is located. S-31. CONSEQUENTIAL DAMAGES: In no event will DEA, its affiliated corporations, officers, employees, or S-29, ATTORNEY'S FEES AND EXPENSES- In the event a subcontractors be liable for special,indirect,or consequential suit or action is instituted to enforce any of the terms or damages, and in order to protect DEA against indirect conditions of this Agreement,the losing party shall pay to the liability or third-party proceedings, CLIENT will indemnify prevailing party, in addition to the costs and disbursements DEA for any such loss or damage- allowed by statutes, such sum as the court may adjudge reasonable as attorney's fees in such suit or action, in both S-32. LIMITATION OF LIABILITY: iN RECOGNITION OF trial court and appellate courts. in the event this Agreement THE RELATIVE RISKS AND BENEFITS OF THE should be referred to an attorney at law for collection, PROJECT TO BOTH CLIENT AND DEA,TRW,RiSKS CLIENT agrees to pay such reasonable attorney's Pees as HAVE BEEN ALLOCATED SUCH THAT CLIENT DEA may incur to any attorney in the collection hereof or AGREES, TO THE FULLEST EXTENT PERMITTED any part hereof even if no suit or action be instituted herein. BY LAW,TO LIMIT THE LIABILITY OF DEA AND DEA'S SUBCONSULTANTS TO CLIENT AND TO S-29. INTERPRETATION: Limitations of liability and ALL CONSTRUCTION CONTRACTORS AND indemnities in this Agreement are business understandings SUBCONTRACTORS ON THE PROJECT FOR ANY between the parties and will apply to all the different theories AND ALL CLAIMS, LOSSES, COSTS, DAMAGES OF of recovery, including breach of contract or warranty, tort ANY NATURE WHATSOEVER OR CLAIMS Rev.2199 GEB:vtD Page 4 of 8 oftarketlprol2000\pro2000-008 11/17/99 WED 10:43 FAX. 253 922 9781 DAVID EVANS&,ASS0CI.'1"'L'° 1@006 EXPENSM FROM ANY CAUSE OR CAUSES, SO CLIENT during DEA's normal business hours for a period of THAT THE TOTAL AGGREGATE LIABILITY OF I year after DEA's final invoice for examination to the extent DEA AND ITS SUBCONSULTANTS TO ALL THOSE required to verify the direct costs (excluding established or NAMED SHALL NOT EXCEED THE AMOUNT OF standard allowances and rates)incurred hereunder. CLIENT THE CONTRACT. SUCH CLAIMS AND CAUSES may only audit accounting records applicable to a cost- INCLUDE, BUT ARE NOT LIMITED TO reimbursable type compensation. NEGLIGENCE, PROFESSIONAL ERRORS OR OMISSIONS, STRICT LIABILITY, BREACH OF S-40. ENTIRE AGR]EUMFNT: This Agreement, including its CONTRACT OR WARRANTY. attachments and schedules, constitutes the entire agreement between CLIENT and DEA and supersedes all prior or DEA and CLIENT have carefully considered and contemporaneous oral or written representations or actually negotiated the limitation of liability, and as a agreements. This Agreement shall not be modified except result, DEA and CLIENT expressly consent to the with written documents signed by both parties. limitation of liability listed above, Initials of Parties: S-33. SUCCESSOR INTERESTS: The covenants, conditions and terms of this Agreement shall extend to and be binding upon and inure to the benefit of the heirs, personal representatives and assigns of the parties hereto- S-34. NO THIRD-PARTY BENEFICIARIES: This Agreement gives no rights or benefits to anyone other than CLIENT and DEA and has no third-party beneficiaries. S-35. ASSIGNMENT: Neither DEA nor CLIENT Shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to rights of action,monies that arc due or monies that may be due) without the prior written consent of the other party: DEA may,however, employ any other party or entity it deems necessary or proper for any part of the services required to be performed by DEA under the terms of this Agreement S-36. WAIVER: No waiver of a breach of any covenant,term or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other Covenant,term or condition or a waiver of the covenant, term or condition itself, 5-37. SEVERABILITY AND SURVIVAL: If any of the provisions contained in this Agreement are held for any reason to be invalid,illegal,or unenforceable in any respect, such invalidity,illegality, or unenforceability will not affect any other provision,and this Agreement will be construed as if such invalid,illegal,or unenforceable provision had never been contained herein. 5-38. TIME LIMITS FOR CLAIMS: Any claim brought by CLIENT against DEA will be brought not later than one year after the date of substantial completion of DEA's services hereunder or the expiration of the appropriate statute of limitations,whichever is earlier. S-39. ACCESS TO ACCOUNTING RECORDS: DEA will maintain accounting records, in accordance with generally accepted accounting principles and practices,to substantiate all invoiced amounts. These records will be available to Rev.2199 CE B:vtb Page 5 of 6 o:1merk9tlpro120001pro2000.008 11/17/99 WED 10:44 FAX 253 °" 9781 DAVID EVANS&ASSOCI, 2007 SPECIFIED SERVICES BNSF RIGHT-OFMAY APPRAISAL CITY OF YELM The following items describe the Specified Services which DFS,shall perform for CLIENT under this Agreement. The City of Yelm is currently negotiating with the Burlington Northern Santa Fe Railway(BNSF)for the purchase of approximately 4.5 miles of railroad right-of-way including track and structures between Roy and Yelm,Washington. As part of the process,the city requires an appraisal of the rail line. DEA will provide the following services to prepare and submit an appraisal for the city's use in negotiations and as documentation for the necessary certification for funding. Scope: DEA will prepare an appraisal of the BNSF right-of-way on the Lakeview Subdivision between Roy and Yelm,Washington. The milepost limits are from approximately 21:00 to 25.55. The appraisal will be in a Vt(Vformat conforming to the Uniform Standards of Professional Appraisal Practice and meeting the requirements ofashington State Department of Transportation,the Federal Surface Transportation Board, and the U.S.Department of Transportation. It will be prepared by Washington General Real Estate approiser(s)on staff at DEA. We will deliver the appraisal to the city by the end of December 1999. The scope assumes that title information on BNSF's right to use the right of way and documents granting easements allowing fiber optic lines and other uses in the right-of-way are readily available from the city, Thurston and Pierce counties, the BNSF,or a local title company.LR98 appraisers will confer wi DEA rail engineers familiar with the rail line and will utilize and reference engineering reports on the rail line previouslyrepared by D 'for the City of Yelm. As part of the appraisal process the appraiser(s)-will look at the general economic conditions of Yelm and the surrounding northeast Thurston County/southwest PI®rc`e"Coun area Before appraising the railroad right-of-way, its highest and best use will be determined.. The appraisal will look at all appraisal approaches to estimate the unen market value f the railroad right-of-way. This includes considering the corridor aaproach where recent sales of sim FIFra roa torr o (rights-of-way)in the Pacific Northwest will be analyzed as potentia!comparables. The economics of industrial land parcels with or without rail line service will be analyzed. Potential rail t afflc on the tine will also be discussed. Fes: � Not to exceed fee rjiLE 0©. fliff4 - -- IFF- - /(,C� etz(r.S' Rates: Principal:.................................................................................................................................................$ 107.00/hr. Sr.Appraiser:.........................................................................................................................................$100.00/hr. Administrative Asst.:.... ......................................................................................................................$ 45.00/hr. Rev,7199 CEB:vtb Page 6 of 6 o.\marketkpro\2000\pr02000-008 Page 1 of 2 From: Steve Day <sday@bpmlaw.com> To: 'Ken Garmann' <garmann@yelmtel.com> Date: Tuesday, October 26, 1999 8:49 AM Subject: RE: Chicago Ken, Budgeting for legal matters must be a dynamic process because you cannot fully anticipate the myriad possibilities that must be addressed as they come up. While processes are predictable and measurable, people rarely are either - and they represent the most likely cost rise factor. However, will give you my best effort Phase 1. BNSF transfer document; 6 hours analysis of BNSF document; 10 hours negotiation. Phase 2: STB filing; 2 hours Phase 3: RFP for operator; 2 hours Agreement with operator; 12 hours Misc.: Reporting and discussions; 6 hours (includes travel to attend one RAC meeting). Total - 38 hours @ $225 (1 have not raised my rates to the City this year) _ $8,550. I would guess that BNSF and operator negotiation would be the most likely point of additional hours. The above estimate is what it should take to do these 2 agreements. that hasn't been the case with Seattle's contract or with Port of Chehalis. Seattle was extremely out of scope because of so many different parties and interests. Port of Chehalis was slightly higher because of a desire to speed up the process and a complicated liability and maintenance issues. I hope this helps. If I were to agree to a flat rate, including travel, think I would have to guestimate around $20,000 to take into account the contingency of BNSF or the selected rail operator being recalcitrant on issues, and the possibility that RAC might create some complications that would increase costs. And, even with a flat rate, I would want an escape clause for unforeseen complications with BNSF, Operator, or RAC/City caused increases in time. Stephen L. Day This is a privileged and confidential communication. If you are not the 11/01/1999 Page 2 of 2 addressee, you may not read, copy or distribute this email. If you receive this email in error, please advise us by return email or call (206) 292-9988 -----Original Message----- From: Ken Garmann [mai Ito:garmann(a�yelmtel.com] Sent: Tuesday, October 26, 1999 8:25 AM To: Steve Day Subject: Re: Chicago Good Morning Steve Thanks for the information, I will check it out today ! It will be good to know the status of ownership. Just off the top of your head, what to you perceive the legal cost to be to complete the transfer from the BNSF to the City. I will need to know a rough number as I need to set those dollars aside. Let me know! Ken p/s -what about Oregon State and UCLA ?, How about those Dawg's, will they chew up the Stanford Indians? -=---Original Message----- From: Steve Day <sdayo_bpmlaw.com> To: 'Ken Garman n' <garmann(aweImtel.com> Date: Monday, October 25, 1999 5:58 PM Subject: Chicago >Tacoma Office - > Title officer is Duane Cox, (253) 474-2377. Also in the office is >Judy Hammermiester and June Huber-Morris. >Stephen L. Day >This is a privileged and confidential communication. If you are not the >addressee, you may not read, copy or distribute this email. If you receive >this email in error, please advise us by return email or call (206) 292-9988 > > I 1/01/1999 BNSF RAIL ACQUISITION OCTOBER 27, 1999 "CONSULTANT CONTRACT" 1 . THE CITY WAS AWARDED A T-21 STP GRANT THROUGH THURSTON REGIONAL PLANNING COUNCIL IN EARLY 1999. 2. THE GRANT AMOUNT IS $3409000. 3. LOCAL MATCH IS $609000. 4. TO MEET FEDERAL REAL ESTATE REQUIREMENTS THE CITY MUST COMPLETE THE FOLLOWING ITEMS. A. INCLUDE A PEDESTRIAN ELEMENT TO THE .ROW ACQUISITION. B. DEVELOP A COST ANALYSIS TO DETERMINE THE VALUE OF IMPROVEMENTS (RAIL, TIES, ETC.) C. HAVE THE REAL ESTATE APPRAISED. S. DAVID EVANS & ASSOCIATES HAS BEEN CONTRACTING WITH THE CITY TO CONDUCT PRELIMINARY RAIL ISSUES. 6. REQUEST A CONTRACT EXTENSION TO DAVID EVANS AND ASSOCIATES IN THE AMOUNT OF $109196 TO COMPLETE THE FOLLOWING TASKS. cT • CONCEPTUAL TRAIL PLAN • CONCEPTUAL CONSTRUCTION COST ESTIMATE • VALUE THE PHYSICAL IMPROVEMENTS ON THE YELM TO ROY SEGMENT OF THE "PRAIRIE LINE". Law Offices BETTS PATTERSON &MINES Ps a y 800 Financial Center 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206-343-7053 Stephen L. Day Phone: 206-292-9988 eMail: sday@bpmlaw.com April 12, 1999 Mr. Ken Garmann Director of Public Works City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: City of Yelm-Purchase of BNSF Branch Dear Ken: Enclosed for your review is our invoice for costs and services rendered in the above-referenced matter. If it is satisfactory, we ask that you kindly place the invoice for payment in the ordinary course. 'Plank you for allowing Betts,Patterson&Mines to represent the City of Yelm in this matter. i�cerely, Stephe a SLD:cpb Enclosure F ' (206) 292-9988 91-1155124 LAW OFFICES BETTS , PATTERSON & MINES , P. S . 800 FINANCIAL CENTER 1215 FOURTH AVENUE SEATTLE, WASHINGTON 98161-1090 Mr. Ken Garmann April 12, 1999 Director of Public Works Client/Matter No. 5782.0001 City of Yelm Statement No. 415701 105 Yelm Avenue West P.O. Box 479 Yelm WA 98597 RE: City of Yelm- Purchase of BNSF Branch STATEMENT SUMMARY THROUGH MARCH 31, 1999 Services Rendered $1,372.50 Costs Advanced 0.00 CURRENT STATEMENT $ 1,372.50 Previous Balance 7,876.20 Less Payments Received Since Last Statement 0.00 TOTAL BALANCE DUE $ 9,248.70 REMITTANCE COPY Please return this page with your payment (206)292-9988 91-1155124 LAW OFFICES BETTS, PATTERSON & MINES, P. S. 800 FINANCIAL CENTER 1215 FOURTH AVENUE SEATTLE,WASHINGTON 98161-1090 Mr. Ken Garmann April 12, 1999 Director of Public Works Client/Matter No. 5782.0001 City of Yelm Statement No. 415701 105 Yelm Avenue West P.O. Box 479 Yelm WA 98597 RE: City of Yelm- Purchase of BNSF Branch For PROFESSIONAL SERVICES rendered through March 31, 1999: DATE ATTY HOURS DESCRIPTION AMOUNT 03/04/99 SLD 0.70 Exchange email messages with K. Garmann. Send fax with 157.50 article. 03/10/99 SLD 0.60 Telephone call with K. Garmann. 135.00 03/11/99 SLD 0.70 Research eminent domain. 157.50 03/19/99 SLD 0.40 Telephone call with K. Garmann. 90.00 03/22/99 SLD 0.40 Telephone call with K. Garmann. 90.00 03/23/99 SLD 1.70 Telephone call with K. Garmann. Review draft letter to 382.50 BNSF and send suggested changes. 03/24/99 SLD 0.90 Review draft letter and send additional suggestions to K. 202.50 Garmann. 03/26/99 SLD 0.40 Telephone calls with K. Garmann and with John Thompson. 90.00 03/31/99 SLD 0.30 Telephone call with J. Thompson. 67.50 PROFESSIONAL SERVICES: $ 1,372.50 SERVICES SUMMARY ATTY NAME RATE HOURS AMOUNT SLD Stephen Day 225.00 6.10 1,372.50 TOTAL FOR SERVICES 6.10 $1,372.50 STATEMENT TOTAL: $ 1,372.50 Page 2 PREVIOUS STATEMENTS OUTSTANDING STATEMENT AMOUNT LESS NUMBER DATE BILLED PAYMENTS BALANCE DUE 411889 11/10/98 3,307.50 0.00 3,307.50 412509 12/04/98 3,421.20 0.00 3,421.20 414158 02/10/99 472.50 0.00 472.50 414747 03/08/99 675.00 0.00 675.00 TOTAL $ 7,876.20 $ .00 $ 7,876.20 Page 3 Law Offices BETTS PATTERSON &MINES Ps. V� 800 Financial Center 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206-343-7053 1 Y"440'e' Stephen L. Day Phone: 206-292-9988 eMail: sday@bpmlaw.com May 21, 1999 Mr. Ken Garmann Director of Public Works City of Yelm 105 Yelm Avenue West P.O.Box 479 Yelm,WA 98597 Re: City of Yelm-Purchase of BNSF Branch Dear Ken: Enclosed for your review is our invoice for costs and services rendered in the above-referenced matter. If it is satisfactory, we ask that you kindly place the invoice for payment in the ordinary course. tfor allowing Betts, Patterson&Mines to represent the City of Yehn in this matter. Da SLD:cpb Enclosure r" (206) 292-9988 91-1155124 LAW OFFICES BETTS , PATTERSON & MINES , P.S . 800 FINANCIAL CENTER 1215 FOURTH AVENUE SEATTLE, WASHINGTON 98161-1090 Mr. Ken Garmann May 20, 1999 Director of Public Works Client/Matter No. 5782.0001 City of Yelm Statement No. 416858 105 Yelm Avenue West P.O. Box 479 Yelm WA 98597 RE: City of Yelm- Purchase of BNSF Branch STATEMENT SUMMARY THROUGH APRIL 30, 1999 Services Rendered $472.50 Costs Advanced 0.80 CURRENT STATEMENT $ 473.30 Previous Balance 9,248.70 Less Payments Received Since Last Statement 0.00 TOTAL BALANCE DUE $ 9,722.00 REMITTANCE COPY Please return this page with your payment - (206)292-9988 91-1155124 LAW OFFICES BETTS, PATTERSON & MINES, P. S. 800 FINANCIAL CENTER 1215 FOURTH AVENUE SEATTLE,WASHINGTON 98161-1090 Mr. Ken Garmann May 20, 1999 Director of Public Works Client/Matter No. 5782.0001 City of Yelm Statement No. 416858 105 Yelm Avenue West P.O. Box 479 Yelm WA 98597 RE: City of Yelm- Purchase of BNSF Branch For PROFESSIONAL SERVICES rendered through April 30, 1999: DATE ATTY HOURS DESCRIPTION AMOUNT 04/05/99 SLD 1.50 Prepare legislative information for J. Williams trip to D.C. 337.50 Telephone call with to J. Thompson. 04/08/99 SLD 0.60 Telephone call with K. Garmann on R. Batie conversation, 135.00 strategy for acquiring Roy to Yelm portion of track and alternative options. Review OFA and abandonment procedure rules changes. PROFESSIONAL SERVICES: $ 472.50 SERVICES SUMMARY ATTY NAME RATE HOURS AMOUNT SLD Stephen Day 225.00 2.10 472.50 TOTAL FOR SERVICES 2.10 $472.50 COSTS ADVANCED: CUMULATIVE PHOTOCOPIES .80 TOTAL COSTS ADVANCED: $ .80 STATEMENT TOTAL: $ 473.30 Page 2 PREVIOUS STATEMENTS OUTSTANDING STATEMENT AMOUNT LESS NUMBER DATE BILLED PAYMENTS BALANCE DUE 411889 11/10/98 3,307.50 0.00 3,307.50 412509 12/04/98 3,421.20 0.00 3,421.20 414158 02/10/99 472.50 0.00 472.50 414747 03/08/99 675.00 0.00 675.00 415701 04/12/99 1,372.50 0.00 1,372.50 TOTAL $ 9,248.70 $ .00 $ 9,248.70 Page 3 To: City of Yelm I� From: Robert L. Carroll, 112 Circle View Dr., Yelm, WA 98597 Please provide to me, a citizen of Yelm since 1985, a copy of the Environmental Impact Statement for the Y2/3 project along with a detailed list of all current and planned zoning of commerial properties contained within the boundaries of Rhoton Road, Railroad, and the proposed Y2/3 project. as too t+ha con��'o� fanv co-rres ari erica regar int cur�en e of th- ng rail frac s e Ana i gUMse bo zl Robert L. Carroll Page 1 of 2 From: Steve Day <sday@bpmlaw.com> To: Ken Garmann <garmann@yelmtel.com> � 4 Date: Tuesday, October 26, 1999 9:49 AM Subject: RE: Chicago Ken, Budgeting for legal matters must be a dynamic process because you cannot fully anticipate the myriad possibilities that must be addressed as they come up. While processes are predictable and measurable, people rarely are either - and they represent the most likely cost rise factor. However, will give you my best effort : Phase 1: BNSF transfer document; 6 hours analysis of BNSF documen ; 1 t)'hour s�� negotiation. Phase 2: STB filing 2 NN5 Phase 3: RFP for operato , 2 .ours Agreement with opera or, 12 houses Misc.: Reporting and discussions64h^our (includes travel to attend one RAC meeting). Tota'I` 38 oh urs @ $222 (I have not raised my rates to the City this Y; ar) would guess that BNSF and operator negotiation would be the most likely point of additional hours. The above estimate is what it should take to do these 2 agreements. that hasn't been the case with Seattle's contract or with Port of Chehalis. Seattle was extremely out of scope because of so many different parties and interests. Port of Chehalis was slightly higher because of a desire to speed up the process and a complicated liability and maintenance issues. hope this helps. If I were to agree to a flat rate, including travel, think I would have to guestimate around :W,,@ Rr" take into account the contingency of BNSF or the selected rah operabeing recalcitrant on issues, and the possibility that RAC might create some complications that would increase costs. And, even with a flat rate, I would want an escape clause for unforeseen complications with BNSF, Operator, or RAC/City caused increases in time. Stephen L. Day This is a privileged and confidential communication. If you are not the 10/26/1999 • Page 2 of 2 addressee, you may not read, copy or distribute this email. If you receive this email in error, please advise us by return email or call (206) 292-9988 -----Original Message----- From: Ken Garmann [mai Ito:garmann _yelmtel.com] Sent: Tuesday, October 26, 1999 8:25 AM To: Steve Day Subject: Re: Chicago Good Morning Steve ! ! Thanks for the information, I will check it out today ! It will be good to know the status of ownership. Just off the top of your head, what to you perceive the legal cost to be to complete the transfer from the BNSF to the City. I will need to know a rough number as I need to set those dollars aside. Let me know! Ken p/s -what about Oregon State and UCLA ?, How about those Dawg's, will they chew up the Stanford Indians? -----Original Message----- From: Steve Day <sday0_bpmlaw.com> To: 'Ken Garmann' <garmann(d)-yelmtel.com> Date: Monday, October 25, 1999 5:58 PM Subject: Chicago >Tacoma .Office - > Title officer is Duane Cox, (253) 474-2377. Also in the office is >Judy Hammermiester and June Huber-Morris. >Stephen L. Day > >This is a privileged and confidential communication. If you are not the >addressee, you may not read, copy or distribute this email. If you receive >this email in error, please advise us by return email or call (206) 292-9988 10/26/1999 �cn DAVID EVANS AND ASSOCIATES, TRANS M ITTAL 3700 Pa4c Highway East 15 TO: Mr. Ken Garmann Suite3l' City of Yelm P.O. Box 479 Tacoma,Washington 9842 Yelm, WA 98597 Tel: 253.922.9780 DATE: October 11, 1999 Fax: 253.922.9781 FROM: Charlie Burnham PROJECT: Pedestrian/Bike Trail Conceptual Design PROJ.#: :>:...:.......:.::; ;.... :..:;.:. �h+�}.�.�.+..;:.;:.;:.;:.:.;:.>:.;:.;:.;:.;:.;:.;:.>:.:....:.::.:..:.......:..:•:;::;;::;;;::>;::'t;iii:is i:::::i::::; G:G: ::::::::::i::::i::;is is is i; ::`:;'L:%:::::;:;:is:::>::>:<:>::>::>::>::>::>:: >::>::>:::>::>::s::>:;:::: 1 2 10/11/99 Revised Authorization for Professional Services ® AS YOU REQUESTED ❑ FOR YOUR APPROVAL ❑ RETURN REQUESTED ❑ DOCUMENT CONTROL ❑ FOR YOUR INFORMATION ❑ FOR YOUR REVIEW ❑ COMMENTS: The scope was revised to delete layout of the fences, signage and landscaping for the trail in order to reduce the initial fee. Please call with any comments or questions. To--, • outstanding Quality i` _d A s*i, r RI `. a_ N COPY cc a: Staphan Day Bao Finin--i31 Cnt:rr 1215 Fourt o Sa-i ttl a STA 93161 wk0042 Serving the Yelm; McKenna, Roy and Rainier areas FRIDAY, OCTOBER 8, 1999 50.CENTS fearingto look -a� W . o mine to COMDU ance Sy.Seth Truseott Statement,"Pierce County Dearing 13xamin- site.A berm at the south end of the property The county resolution also called for a fall Nisqually Vauey News er Steve Causseaa said Monday. - failed, and released some water-into the check-ug,to sea whether the mina had done public hearing will decide whether a Original conditions governing the envi- creek.drainage syate ' - what it was supposed to. gravel mina'leas met county environ- roamental impact of the mine were imposed The company was supposed to have built Causseax said the mine has complied with Al rules. when Pierce County granted Miles a use other berms to prevent mother washout,and many of the conditions.-- v hearing, to be held next week, will permit in the fall of 1989. pave the access road used by gravel trucks. "This is essentially an update hearing:' Sre whether the Miles Sand and{navel There were a number of conditions to tbeSoma of the cbnditioos, be said, already said Brian Boudek assistant planner for the r has complied with a previous use permit,which was drafted by the county have been met. county Land Commission."This is just a re- rder to clean up its Roy mine. and agreed to by?ettvironmental officials and When the mine started, the Burlington view,to see whether they've complied with xoo County first brought a bearingm the the mining co 8 mP�S'. Northern railroad was supposed to have pro- the previous decision by the hearing exam- in January,after a group of residents in In March, the co" issued a resolution vided rail transport for much of the mine's inert" ?ruray Creek area,who live downstream to the company,calling for-a cleanup of the gravel. But the rail agreement never was -If the conditions have. not been meet, the mine,raised.questions about its en- mine area.' ?- matte,and as a result,Males used trucks in- Boudet said that the examiner could impose mental impacx'a®the surrounding area. 'It appears that therainay.have been-13 or stead,.and didn't ask the county's permis- additional conditions on the company. g, he purpose was to learn whether Miles 14 conditions violated," .Causseax said. •sion:.The coiopany was worldng with the The bearing begins at 9 a.m.,Wednesday, 0) is comp ,:.with the rosolutictrt im- `The most serious was that Miles was pro- City of Yelm-.on an alternative method of Oct:-13, at the Pierce County Public Ser- 0 1 in the 13nviransnental Impact hibited from &schar&g water from the transport. . vices Building ih Tacoma. o -- - - - 6661 '9 aa'9QPo.'Anp}., Law Offfices BETTS PATTERSON & NIINES P.S. y 800 Financial Center 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206-343-7053 Stephen L. Day Phone: 206-292-9988 eMail: sday@bpmlaw.com October 1, 1999 Ken Garmann 105 Yelm Ave. W. P.O. Box 479 Yelm, WA 98597 Dear Ken: I thought you might be interested in the enclosed paper on rail-to-rail competition issues. The paper was prepared for a panel discussion of rail competition at the Pacific Northwest Association of Rail Shippers fall seminar in Eugene, Oregon. I presented the panel as a debate between shipper interests and railroads. At the conclusion, I asked each participant to address whether there was any"middle ground"in the issues which might form the basis for compromise. Michael McBride, who authored the paper, is an attorney who represents the Edison Electric Institute, and other coal users. He is very involved in the Alliance for Rail Competition, an advocacy group which supports a legislative agenda for modification of the railroad deregulation Staggers Act. Mike Hemmer took the railroad side on this panel and presented a thoughtful and well- reasoned counterpoint. Arvid Roach was originally scheduled to present the railroad side. As an attorney with the law firm of Covington&Burling, Arvid has been in the forefront of this debate representing Union Pacific Railroad and the AAR. Unfortunately, Arvid Roach has some serious health problems which prevented him from attending. Mike Hemmer is with the same law firm and he has also been in the forefront on this competitive access issue. Both Mikes participated in a similar panel earlier this year at the Association for Transportation Law, Logistics and Policy annual meeting at Jackson, Wyoming. 49992/100199 1423/99990008 October 1, 1999 Page 2 It was an excellent opportunity to hear a full airing of this difficult issue. I hope the enclosed paper is useful to you. g ds, Stephen L. Day SLD:kt Enclosure 49992/100199 1426/99990008 ........................................................................................................_........_.....:.......................................................... ; RAIL Railroad Socialism BY JOHN GALLAGHER Open access debate high point debate capped the meeting,with both ! of PNW shipper conference sides providing convincing evidence to back their claims.Both sides also attempt- ichael McBride,a Washington, being considered in the House and Senate, ed to find some kind of common ground. Im D.C.,attorney who has represent- he might be open to"tweaks"that.would Hemmer agreed that small shipper rate s ed plenty of rail shippers in the make the bills more rail-friendly."That guidelines were not workable and that past,found it interesting that Union Pacif- was the first time I ve ever heard someone there should be a simpler means to deter- ic Chairman Dick Davidson likened legis- from a major Class 1 railroad say there mine those rates.He also conceded that lation meant to help rail shippers to was any reason why there should be any larger rate cases were costly and time con- "socialism"in a luncheon address at a change at all,McBride said."He wasn't suming for both sides,and that there had recent shippers meeting. very clear about-exactly what kinds of to be a better way. Davidson was commenting on the rail- tweaks he was talking about,but its more McBride noted that the purpose of the road's perspective that"re-regulation"in than I've ever seen!' legislation wasn't to"get the government the rail industry would mean forcing rail- .There was another"first"at the Pacific in the middle of everything;which both roads to give up their property."When Northwest Association of Rail Shippers railroads and shippers fear,but to level the CEOs make arguments like that,I don't fall seminar held in Eugene,Ore.,Sept.14- playing field on which the two sides can think they're being very persuasive,"said 15.Namely,it was the first time that the negotiate for rates and service."What McBride,who,in a later debate on the same National Association of Rail Shippers(the bothers a lot of shippers is that their com- subject with UP attorney Mike Hemmer, parent organization of PNWARS)and the petitor down the road is getting a very dif- referred to himself as"the socialist Mike" Association of American Railroads held a ferent rate than they're getting—a signifi- But Davidson made another comment joint meeting.With roughly 200 atten- cant problem in the chemical industry," that McBride found even more intriguing. dees,it was the best turnout ever for the McBride said."And its forcing companies Although,Davidson said,UP was opposed regional association. to build plants outside the U.S.in order to to the shipper-backed legislation currently The McBride-Hemmer"re-regulation" get away from the railroads." • 26-tra&AVORLD-September27.1999 Pagc 2 _\,nda- PNWARS Fall Seminar 1999 Theme: "So Long 20th Century !" Wednesday 1:30-5:00 PM-AAR Sponsored Shipper Forum September 15 -Welcome/Moderator-Ed Hamberger,President&CEO-AAR -NS/CSX Merger Update-Ed Hamberger -Y2K Update,Jim Gardner, President Railinc -ISM Update,Brad King, Union Pacific Railroad -Customer Service Panel, Tom Schoenleben, CSX Corp.;Rick Turner, Union Pacific Railroad;Dan Burke, BNSF; and Kathy Markoff, CNAC. -Marketing Panel-Q &A Session,Jim Shattuck-UP; Jim Foote-CMIC; Denis Smith-BNSF; Tom Lindsey-NS; Tom Schoenleben-CSX; Hugh MacDiarmid-CP Rail -Closing Remarks-Ed Hamberger 5:45 -6:45 PM-Registration for PNWARS Fall Seminar 6:00-7:00 PM-"Welcome to Eugene"Reception (Hosted by PNWARS and Sponsors) 7:00- 8:00 PM-Dinner After Dinner Speaker:Linda Morgan, Chairman Surface Transp.Board Thursday 7:00 AM-Continental Breakfast/Registration September 16 8:30 AM-Welcome Fred Hamlim, President PNWARS Keynote Speaker:Frank Turner,President American Shortlines&Regional Rail Association CSXT&NS Update-John Gallagher, Assoc.Editor Traffic World Morning Panel: "Intermodal" -Ivan Olson, VP Longview Fibre-Moderator Todd Thompson-Mark VII;Dennis Williams-Roseburg'Forest Products; Brian Bowers-. Schneider National;Randy Blackburn-Union Pacific Railroad Lunch -Luncheon Speaker:Dick Davidson, Chairman,Union Pacific Corp. Afternoon Panel: "Competitive Access"Stephen Day-Attorney, Moderator Michael McBride and Arvid E. Roach II -Washington, DC Attorneys -Panel:members NARS "Person of the Year", Ray Sanford Raffle Announcements- Seminar ends Law Offfices BETTS PATTERSON /p & MIlNES, P.S. y 800 Financial Center 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206-343-7053 Stephen L. Day Phone: 206-292-9988 entail: sday@bpmlaw.com September 23, 1999 Mr. Ken Garmann Director of Public Works City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: City of Yelm—Purchase of BNSF Branch Dear Ken: Enclosed for your review is our invoice for costs and services rendered in the above-referenced matter. If it is satisfactory, we ask that you kindly place the invoice for payment in the ordinary course. Thank you for allowing Betts, Patterson&Mi e to continue representing the City of Yelm in this matter. c rely, Stephen L. Day SLD:kt Enclosure 41666/092399 1431/57820001 Law Offfices BETTS PATTERSON & NUNES P.s. l 800 Financial Center 1215 Fourth Avenue 00!�o Seattle,Washington 98161-1090 Fax: 206-343-7053 Stephen L. Day Phone: 206-292-9988 eMail: sday@bpmlaw.com September 13, 1999 Ken Gar-mann Director, Public Works City of Yelm 105 Yelm Ave. W. P.O. Box 479 Yelm, WA 98597 Dear Mr. Garmann: Enclosed is a copy of a Surface Transportation Board Decision that Steve thought would be of interest to you. Sincerely`, Kathy Titterington Secretary to Stephen L. Day KT:kt Enclosure 47781/091399 1041/99990008 29023 SERVICE DATE-LATE RELEASE SEPTEMBER 10, 1999 EB SURFACE TRANSPORTATION BOARD DECISION STB Finance Docket No. 33466 BOROUGH OF RIVERDALE! PETITION FOR DECLARATORY ORDER! THE NEW YORK SUSQUEHANNA AND WESTERN RAILWAY CORPORATION Decided: September 9, 1999 On September 8, 1997,the Borough of Riverdale(the Borough),a New Jersey municipal corporation,filed a petition for a declaratory order in this case. The Borough seeks a determination regarding the extent to which certain facilities constructed and operated in Riverdale by The New York, Susquehanna and Western Railway Corporation(NYSW)are covered by the federal preemption provisions contained in 49 U.S.C. 10501(b),as broadened by the ICC Termination Act of 1995,Pub.L.No. 104-88, 109 Stat. 803, 807(1995)(ICCTA). The Borough contends,among other things,that the railroad's construction of a truck terminal and corn processing plant in a residential zone in Riverdale without first obtaining approval from the municipal Planning Board raises health and safety concerns. It asks for a ruling regarding whether the facilities are subject to federal jurisdiction,and,if so,the extent to which local laws and regulations(specifically zoning ordinances)apply. NYSW did not file a reply.' As discussed below,we will(1)grant the Borough's request that we institute a declaratory order proceeding,(2) summarize relevant recent agency and court cases construing the ICCTA and its effect on state and local regulation,to assist the parties and the court in resolving some of the preemption questions raised in this case,and(3)establish a schedule for the submission of further pleadings by the Borough,NYSW andother interested persons.2 ' TheBorough did not include in its petition a certificate showing service on NYSW. 5=49 CFR 1104.12. We will serve a copy of the Borough's petition(including attachments)and a copy ofthis decision on NYSW. 2 The material we have before us at this point does not permit a resolution of every one of the many preemption issues raised. We have only the Borough's initial filing,which consists principally of copies ofNew Jersey State court records and related documents. Nevertheless,the filing is sufficient to permit us to explain-how certain preemption issues would be resolved under the statute;to support a determination that'a qu'est'ion exists for which declaratory relief is appropriate; and to warrant institution of a declaratory order proceeding. f STB Finance Docket No. 33466 BACKGROUND This controversy arises from the Borough's opposition to NYSW's construction-and use of certain facilities within or between two residential zones of Riverdale. The facts,as represented by the Borough in the material furnished to us(its complaint and other material from the Borough's civil action seeking injunctive relief in New Jersey State court),'are as follows. The facilities in question, a truck terminal,weigh station,and corn processing plant, evidently were constructed either withinNYSW's right-of-way or on property that it owns adjacent to the right-of-way. The right-of-way,which is 100 feet wide,is situated on 3.59 acres within Riverdale. In addition to the right-of-way,NYSW owns a small parcel of land immediately adjacent to and west ofthe northernmost portion ofthe right-of-way,with 28 feet offrontage on the Paterson- Hamburg Turnpike. An asphalt parking area provides access to a former railroad passenger depot located within the right-of-way. The 1,080-foot portion ofthe right-of-way to the north is within the Riverdale central business area,while the 485-foot portion ofthe right-of-way to the south is betweentwo residential zones.' A water pipe installed within the right-of-way-apparently has 20 or more outlets to transfer hot water to standing railroad tank cars for the purpose of heating the materials inside the tank cars to facilitate transfer ofthe materials to trucks. The outlets are located on the west side ofthe track, and there is a 20-foot wide paved area to accommodate the trucks that separates the track from the adjacent residences. The Borough is concerned about the potential for spills and malfunctions in the heat transfer process that could result in adverse environmental impacts. The Borough further states that NYSW has also established a corn processing facility that would bring 10 to 20 tanker trucks to the site per day to off-load its rail cars. These activities allegedly violate Riverdale's land use and permissive zoning ordinances as prohibited uses within this residential district. In addition to these activities,the truck weigh station,which is located adjacent to the eastern edge ofNYSW's property approximately 158 feet from where the property intersects with the Paterson-Hamburg Turnpike,allegedly poses a risk of injury to the public because of the proximity of large tractor trailers to high tension power lines. Concern was also expressed that NYSW's construction activities may cause flooding,disrupt traffic,and produce unacceptable noise levels for the town's firehouse and library located next door. ' Borough ofRiverdale v.NYSW,No.MRS-L-2297-96(Superior Court ofNew Jersey,Law Division-Moms County)(Riverdale). The Board was not a party in that court case. a These residential zones evidently were established in September 1991 by Riverdale's Planning Board under its Master Plan. The boundary line between the two zones was set at the center of. NYSW's right-of-way. -2- I` STB Finance Docket No. 33466 According to the material filed by the Borough,NYSW's construction activities took place without appropriate municipal approvals and permits and have resulted in noncompliance with local ordinances.' The Borough states that NYSW's agents,asserting that their activities were-permitted under Federal law,opened local hydrants,filled its paver machines, and paved from Hamburg Turnpike to Post Lane,thereby connecting NYSW's property to local streets and county roads. The Borough also alleges that the improvements violate the landscaping buffer regulations that require 10-foot width buffer adjacent to and parallel with any street and provide for a buffer not less than 25 feet in width for lots contiguous to any residentially zoned lot. In the Borough's civil suit,the court,by decision entered September 7, 1996,ordered: (1) NYSW to file a Site Plan Application with the Borough's Planning Board;(2)the Borough to review the application,subj ect to its standard procedures,but in a way that would not inappropriately obstruct the operation ofNYSW's facility;and (3)the Borough to approve the application by January 31, 1997,or report back to the court for further proceedings. The court also directed NYSW to: (1)stop further construction except for emergency measures that were to be reported to Riverdale;and(2)comply with"applicable safety,health and welfare regulations." At the same time,the court determined that NYSW is not"bound by Local Zoning regulations as to Land Use and Utilization,"which the court found to be preempted by the ICCTA. The court added that the Borough"shall not use regulatory measures regarding safety,environmental or health matters as a device for getting rid ofNYSW's[Riverdale facilities]." Nor,in the court's words, can the Borough"preclude or interfere with[NYSW's]operation of the facilities.i' 'The Borough states that NYSW-appliedto the Morris County Soil Conservation Board for approval and that,after Morris County notified the Borough,the railroad informed the Borough that it wished to bring trailers to the site. Subsequently, a Borough engineer conducted a site inspection. The Borough then advised that the planned activities required a site plan and variances. The railroad evidently took the position that it could proceed with work construction pursuant to federal law. 6 The court also severed the Borough's complaint challenging NYSW's right to cross public roads,and transferred it to the Chancery Division of-the Superior Court of New Jersey. This part of the complaint was predicated upon the theory that NYSW does not have an easement over these streets,which were termed"public rights-of-way." The complaint seeks anorder directing NYSW to remove all rail and related fixtures"placed in the public domain without appropriate rights-of- way." -3 - STB Finance Docket No. 33466 DISCUSSION AND CONCLUSIONS We will exercise our discretionary authority to institute a declaratory order proceeding pursuant to 5 U.S.C. 554(e)and 49 U.S.C. 721 to eliminate the controversy and remove uncertainty on the preemption questions raised in this case. We will express our understanding of the nature and effect of the preemption in 49 U.S.C. 10501(b)as it relates to the appropriate role of state and local regulation(including the application of local land use or zoning laws or regulations and other state and local regulation such as building codes,electrical codes,and environmental laws or regulations) regarding the construction and operation of NYSW's facilities in Riverdale. We did not attempt to move this proceeding forward sooner because of the pendency of the "StampedePass"litigation.' Now that that litigation has concluded,we will establish in this decision a schedule for the submission of opening statements and replies by the Borough and the railroad! We are providing the opportunity for further filings to ensure that we have the specific information we need to address the issues to which interested parties may seek an answer. As noted, the record consists mainly-of material from a state court proceeding decided in 1996,before many of the recent Board and court decisions addressing the reach of the ICCTA preemption provisions were issued. Moreover,the record before us at this point does not reflect what has taken place in Riverdale following the issuance of the New Jersey state court's September 1996 decision. In any event,to provide guidance,we will summarize here recent relevant agency and court decisions concerning the reach of the express statutory preemption in section 10501(b). This precedent gives us a basis,with the material provided by the Borough,to now address certain issues raised by the Riverdale case where the law has become well settled as to how preemption applies. Other issues presented in this case involving what types of state and local regulation of railroad facilities and activities may be appropriate under the ICCTA have not yet been directly addressed by the agency or the courts. As to these types of issues,we are providing our preliminary conclusions, in light of the existing court precedent, as to how a court would likely apply the preemption provisions. Our preliminary conclusions,of course,could change.depending on our understanding of the facts after we have reviewed the parties' comments,evidence and arguments. Finally,there may be additional unresolved preemption issues as to which parties believe the Board should provide clarification that involve the extent to which state and local governments may regulate a railroad's construction plans or the operation of its facilities. ' King County-WA=-Petition for Declaratory Order--BurlinglonNorthernRailroad Compauk Stampede Pass Line, STB Finance Docket No. 33095(STB served Sept. 25, 1996),clarified,CU-,a s of Auburn and Kent,WA--Petition for Declaratory Order--Burlington Northern Railroad Company- -Stampede Pass Line, STB Finance Docket No. 33200(STB served July 2, 1997) (StampedePass),. , ,City of Auburn v. STB, 154 F.3d 1025 (9th Cir. 1998), cert.denied. 119 S. Ct. 2367 (1999) (City of Auburn). s A notice that we are instituting this proceeding also will be published in the Federal Register. -4- STB Finance Docket No. 33466 I. Existing Precedent. When it finds it necessary to do so,Congress has the authority to preempt,that is,to provide for the application of federal rather than state or local law. State and local railroad regulation has long been preempted to a significant extent. .9=Chicago&N W Transp. Co. v.Kalo Brick&Tile C_Q,.,450 U.S. 311, 318(198 1)(historically,the Interstate Commerce Act was recognized as "among the most pervasive and comprehensive of federal regulatory schemes."). In 1980,Congress adopted"an exclusive Federal standard,in order to assure uniform administration ofthe regulatory standards of the Staggers[Rail]Act of[1980]." H.R.Rep.No. 104-311, reprinted in 1995 U.S.C.C.A.N. 807-08(ICCTA Conference Report). In 1995,in the ICCTA,Congress broadened the express preemption,so that both"the jurisdiction of the Board over- transportation by rail carriers"and"the remedies provided under[49 U.S.C. 10101-11908] are exclusive and preempt the remedies provided under Federal or State law." 49 U.S.C. 10501(b). See City of Auburn, 154 F.3d at 1029-31. A. Court Rulings. Many rail construction projects are outside of the Board's regulatory jurisdiction. For example,railroads do not requireauthority from the Board to build or expand facilities such as truck transfer facilities,weigh stations, or similar facilities ancillary to their railroad operations,or to upgrade an existing line or to construct unregulated spur or industrial team track.' In such cases,we can provide advice about how preemption applies,but we have no direct involvement in the process. Thus,the interpretation of the preemption provisions has evolved largely through court decisions in cases outside of our direct jurisdiction and in which we were not a Ply One court that has addressed the issue concluded that zoning ordinances and local land use permit requirements are preempted by 49 U.S.C. 10501(b)where the facilities are an integral part of the railroad's interstate operations. In particular,in Norfolk Southern Ry.v. City of Austell,No. 1:97-cv-.1018-RLV, 1997 U.S.Dist.LEXIS 17236,at 17 n.6(N.D. Ga. 1997)(Austell),the court found that a local land use permit was not required before a railroad could construct and operate an intermodal facility. The court held that"a city may not. . . attempt to regulate land use and planning via local laws when Congress' intent to preempt such local laws is clear and manifest." Similarly,other courts have viewed the preemption provisions broadly. 5=CSX Transp ,Inc.v. Georgia Public Service Com'n, 944 F. Supp. 1573, 1581 (N.D. Ga. 1996)(Georgia) ["It is difficult to imagine a broader statement of Congress'intent to preempt state regulatory authority over railroad operations"than Congress provided in 49 U.S.C. 10501(b)];Burlington N. Santa Fe Com. ' 5=Nicholson v.T_CC, 711 F.2d 364, 368-70 (D.C. Cir. 1983), cert.denied,464 U.S. 1056 . (1984). - 5 - STB Finance Docket No. 33466 v.Anderson,959 F. Supp. 1288, 1294-95(D.Mont. 1997)(the preemption provisions in ICCTA show an intent to occupy the entire field of regulation).'o B. Board Rulings. Where railroad activities have required Board approval,the Board has had occasion to address the scope of the Federal preemption law. In the Stampede Pass cases,the Board found that state and local permitting or pre-clearance requirements(including environmental requirements)are preempted because,by their nature,they interfere with interstate commerce by giving the state or local body the ability to delay or deny the carrier the right to construct facilities or conduct operations. The Ninth Circuit,in reviewing the matter,agreed and specifically rejected(as contrary to the statutory text and unworkable in practice)the argument that the statutory preemption in section 10501(b)is limited to state and local"economic"regulations. City of Auburn, 154 F.3d at 1029-31.11 At the same time, in Stampede Pass we expressed our view that not all state and local regulations that affect railroads are preempted.12 In particular,we stated that state or local regulation is permissible where it does not interfere with interstate rail operations,and that localities retain certain police powers to protect public health and safety.13 We also explained that state and local agencies can play a significant role under many federal environmental statutes. We offered the following examples of state and local regulation that in our view would not be preempted:14 10 Sv&, la so.Georga Pub Serv. Comm'n v CSX Transp Inc.,481 S.E.2d 799, 801 (Ga.. Ct. App. 1997); In re Burlington N.R.R., 545 N.W.2d 749, 751 (Neb. 1996). " The court explained that". . .if local authorities have the ability to impose`environmental' permitting regulations on the railroad, such power will in fact amount to`economic regulation'if the carrier is prevented from constructing,acquiring,operating,abandoning,or discontinuing a line." City of Auburn, 154 F.3 d at 1031. Although it recognized that some statutes limit preemption as to state and local environmental regulation,the court found preemption.under provisions such as section 10501(b)to be broad. Id. 'Z We also determined in StampedePass that section 10501(b)does not nullify the Board's own obligation to follow the requirements of the National Environmental Policy Act,42 U.S.C.4321 gt g,(NEPA),and related federal environmental laws in contexts where they are applicable. ,See 49 CFR 1105.1. Because the Board itself controls the proceedings in which it applies those requirements,there is no risk of interference with our jurisdiction over rail transportation. 13 H.R. Conf.Rep.No. 104-422 at 167,reprinted in 1995 U.S.C.A.A.N. 850, 852 (identifying criminal law prohibitions on bribery and extortion as examples of the police powers that. the Act does not preempt);Robey et al —Petition for Declaratoly Order—Levin et al., STB Finance Docket No. 33420(STB served June 17, 1998). 14 StampedePass, slip op. at 7. -6- STB Finance Docket No. 33466 [E]ven in cases where we approve a construction or abandonment project,a local law prohibiting the railroad from dumping excavated earth into local waterways would appear to be a reasonable exercise of local police power. Similarly, . . . a state or. local government could issue citations or seek damages if harmful substances were discharged during a railroad construction or upgrading project. A railroad that violated a local ordinance involving the dumping of waste could be fined or penalized for dumping by the state or local entity. The railroad also could be required to bear the cost of disposing of the waste from the construction in a way that did not harm the health or well being of the local community. Finally, in the StampedePass cases we noted that,where Board authorization is required,state and local governments can participate in the Board's environmental review process under NEPA and related laws. We further concluded that Congress did not intend to preempt federalenvironmental statutes such as the Clean Air Act and the Clean Water Act. H. The Annlication of This Precedent To Riverdale's Petition. The Riverdale petition involves construction activities that do not require our regulatory approval. Nevertheless,we can issue a declaratory order explaining how we believe those issues might be analyzed by a court with appropriate jurisdiction. A. Local Zoning Ordinances. The Borough has specifically requested that we address whether local zoning ordinances apply to the facilities constructed byNYSW in Riverdale. Given the broad language of section 10501(b)and the recent court and agency decisions construing it,it-is well settled that,as the New Jersey state court determined,the Borough can not apply its local zoning ordinances to property used for NYSW's railroad operations. The Borough suggests in its petition that NYSW should have located its transloading facilities not in Riverdale but in a nearby industrial zone and that one ofNYSW's alleged zoning violations is"non-permitted use of land." But as the court found,the zoning regulations that the Borough would impose clearly could be used to defeat NYSW's maintenance and upgrading activities,thus interfering with the efficiency of railroad operations that are part ofinterstate commerce. As the courts have found,this.is the type of interference that Congress sought to avoid in enacting section 10501(b). S=well, at 22(local zoning ordinance and land use permitting requirements"frustrate and conflict with Congress'policy of deregulating and rejuvenating the railroad industry");Sergi,944 F. Supp. at 1583. B. Local Land Use Restrictions. Local land use restrictions,like zoning requirements, can be used to frustrate transportation-related activities and interfere with interstate commerce. To the extent that they are used in this way(.e,&,that restrictions are placed on where a railroad facility can be located),courts have found that the local regulations are preempted by the ICCTA. Austell;_C:iJY of Auburn. Of course,whether a particular land use restriction interferes with interstate commerce is a fact-bound question. In that regard,the material provided by the Borough indicates that the Borough would require a 25-foot landscaped buffer between residential zones and NYSW's transportation facilities. As the railroad has not been involved in our proceeding,and as we know -7- 1 r STB Finance Docket No. 33466 few specifics about the buffer issue,we cannot say at this time whether such a requirement,if applied in such a way as not to discriminate against railroads,would significantly interfere with NYSW's railroad operations and interstate commerce. Parties may file further information and comment on this issue. C. Environmental and Other Public Health and Safety Issues. Similarly,recent precedent has made it clear that,to the extent that they set up legal processes that could frustrate or defeat railroad operations,state or local laws that would impose a local permitting or environmental process as a prerequisite to the railroad's maintenance,use,or upgrading of its facilities are preempted because they would,of necessity,impinge upon the federal regulation of interstate commerce." City of Auburn, 154 F.3d at 1029-31; StampedePass, slip op. at 6-7. That means that,while state and local government entities such as the Borough retain certain police powers and may apply non-discriminatory regulation to protect public health and safety,their actions must not have the effect of foreclosing or restricting the railroad's ability to conduct its operations or otherwise unreasonably burdening interstate commerce.16 We cannot go beyond these general principles here without more information as to the particular police power issues that may be involved in this case. Parties may file further information and comment on these issues. D. Building Codes. Given the broad language of 49 U.S.C. 10501(b)and the case law interpreting it,our preliminary view is that local entities such as the Borough can not require that railroads seek building permits prior to constructing or using railroad facilities because of the inherent delay and interference with interstate commerce that such requirements would cause.l' At the same time,we believe local authorities can take actions that are necessary and appropriate to address any genuine emergency on railroad property,and that interstate railroads such as NYSW are not exempt from certain local fire,health, safety and construction regulations and inspections. is Railroads are required to provide adequate facilities for their traffic. Interchange of Freigbt alta BostonPiers,253 I.C.C. 703,707(1942). Moreover,an incident ofthe right to construct and operate a line is the right to maintain it and keep it in good operating condition. ,S= Detroit/Wayne v ICC, 59 F.3d 1314, 1317(D.C. Cir. 1995). Accordingly,interfering with such activities could interfere with a railroad's right to operate its lines. 16 Notwithstanding the usual presumption to the contrary[,,,=Shanklin v.Norfolk Southern Ry., 173 F.3d 386, 394 (6'h Cir. 1999), citing Hillsborough Countyv. Automated Med.Lab.,Inc., 471 U.S. 707, 719(1985); Cipollone v,Liggett Group,Inc. 505 U.S. 504, 516(1992)], even health and safety regulation is preempted where Congress intended to preempt all state and local law. As explained in City of Auburn, 154 F.3d at-1030-31, congressional intent to preempt a state or local permitting process for prior approval of rail activities and facilities related to interstate transportation by rail is explicit in the plain language of section 10501(b)and the statutory framework surrounding it. " The Borough evidently seeks to require NYSW to obtain building permits for all construction activity,and a certificate of occupancy for NYSW's depot. -8- i STB Finance Docket No. 33466 Specifically,under the law enacted by Congress,as interpreted by the courts,it appears to us that state and local entities can enforce in a non-discriminatory manner electrical and building codes, or fire and plumbing regulations,so long as they do not do so by requiring the obtaining of permits as a prerequisite to the construction or improvement of railroad facilities. With regard to the kinds of inspections that are permissible on property owned or used by interstate railroads,the potential for interference depends on the nature of the action by the state or local government and the effect on rail transportation and Board remedies;we see no simple,clear line of demarcation that has been or could be drawn,except that the inspection requirements or local regulations must be applied and enforced in a non-discriminatory manner and that preclearance permitting requirements plainly are preempted. E,&, City of Auburn;Stampede Pass. Again,we cannot go beyond these general principles here without more information about particular inspection and similar requirements that may be at issue in this case. Parties may file further information and comment on these issues. E. Other Issues As to Which Comments May Be Filed. The Borough has also raised complaints about NYSW's facilities that concern surfacing,fence height,site distance for ingress and egress,roads,train utility stations,the truck weigh station,and the truck depot. We do not have enough information to determine whether the non-discriminatory application of state or local regulation regarding those matters would unduly restrict NYSW's ability to provide.transportation- related facilities and service. Parties may file further information and comment as to these matters, and any other unresolved preemption issues as to which parties believe the Board should provide clarification. F. Non-Transportation Facilities. Finally,it should be noted that manufacturing activities and facilities not integrally related to the provision of interstate rail service are not subject to our jurisdiction or subject to federal preemption. According to the Borough,NYSW has established a corn processing plant. Ifthis facility is not integrally related to providing transportation services,but rather serves only a manufacturing or production purpose,then,like any non-railroad property,it would be subject to applicable state and local regulation. Our jurisdiction over railroad facilities, like that of the former ICC,is limited to those facilities that are part of a railroad's ability to provide transportation services,and even then the Board does not necessarily have direct involvement in the construction and maintenance of these facilities. See Growers Marketing Co v Pere Marquette Rx„ 248 I.C.C. 215,227(1941). We cannot determine-from the current record whether this facility is actually a corn processing plant or some sort of transloading operation(for the transfer of corn syrup,for example)that is related to transportation services. Accordingly,NYSW,in its opening statement,should describe the exact nature of this facility. G. Summary. In this decision,we have(1)expressed our views on the local zoning ordinance.issues,raised;(2)expressed some general views and authorized the filing of additional .information as to certain local land use issues;(3)expressed some general views and authorized the filing of additional information about environmental and similar issues, and about building codes; (4)authorized the filing of further information about the physical characteristics of the NYSW facilities;and(5)sought additional information about the corn processing plant. The views that the -9- STB Finance Docket No. 33466 Board has expressed are based primarily on the interpretation by the courts of the statutory provisions on preemption. This action will not significantly affect either the quality of the human environment or the conservation of energy resources. It is ordered: 1. A declaratory order proceeding is instituted. This proceeding will be handled under the modified procedure,on the basis ofwritten statements submitted by interested persons. All persons submitting comments must comply with the Board's Rules of Practice. 2. NYSW must file an opening statement by November 9, 1999 3. The Borough must file an opening statement by November 9, 1999. 4. Other interested persons may file comments by December 9, 1999. 5. NYSW and the Borough may file replies by December 29, 1999. 6. This decision,which,along with the Borough's petition(including attachments),will be served on NYSW, is effective on its service date. By the Board, Chairman Morgan,Vice Chairman Clyburn, and Commissioner Burkes. Vernon A. Williams Secretary - 10- i Steve From: Notes1 [Notes1 @stb.dot.gov] Sent: Friday, September 10, 1999 2:11 PM To: Sday Subject: SURFACE TRANSPORTATION BOARD SUMMARIZES COURT DECISIONS ON PREEMPTION, OPENS DECLARATORY ORDER PROCEEDING TO ADDRESS "RIVERDALE"CASE * * * * * * * * * * Originally posted by CN=News Clips/O=STB * * * * * * * * * * Surface Transportation Board (Board) Chairman Linda J. Morgan announced that the Board today has issued a decision summarizing the various court decisions on "preemption," and opening a declaratory order proceeding to address preemption issues in a case involving the Borough of Riverdale, N.J. (the Borough) , and The New York, Susquehanna and Western Railway Corporation (NYSW) . When it finds it necessary to do so, Congress may "preempt" by providing for the application of federal rather than state or local law. State and local railroad regulation has long been preempted to a significant extent. In the Staggers Rail Act of 1980, and again in the ICC Termination Act of 1995, Congress broadened the express preemption provision so that most state and local regulation of transportation and transportation facilities is preempted. In this case, the Borough asked the Board for a determination regarding the extent to which certain railroad facilities constructed and operated in Riverdale by NYSW are covered by the federal preemption provisions. Because construction and operation of the facilities involved would not be subject to the Board's regulatory review, in its analysis of the preemption provisions, the Board relied largely on judicial precedent interpreting the statute and the Congressional intent behind it. The Board noted that the courts have construed the preemption provisions broadly. In particular, the courts have found that Federal railroad laws preempt local land use or other permitting processes (including environmental permitting) because such processes could interfere with interstate commerce by giving a state or local body the ability to delay or deny a railroad the right to construct facilities or conduct operations. Accordingly, as to some of the specific issues raised in the Riverdale case, the Board indicated that a court would likely find local zoning ordinances; local land use restrictions, such as those limiting where a railroad facility can be located; and local permitting requirements, such as those requiring building permits, to be-preempted. The Board noted, however, that state and local jurisdictions can exercise their police powers in health and safety matters in other ways, and pointed out that laws such as local waste dumping laws can be enforced. The Board also noted that state and local jurisdictions can, through inspections, 1 enforce- in a non-discriminatory manner electrical and building codes, or fire and plumbing regulations, so long as they do not require permits as a prerequisite to the construction or improvement of railroad facilities. Finally, the Board noted that federal environmental statutes, such as the Clean Air Act and the Clean Water Act, are not preempted. Because it had only limited information available to it concerning the Riverdale matter, the Board in its decision provided only preliminary conclusions about how preemption might apply, and permitted additional public comments. After it reviews comments received, the Board will issue a final decision in the matter. The Board's decision was issued today in Borough of Riverdale--Petition For Declaratory Order--The New York Susquehanna and Western Railway Corporation , STB Finance Docket No. 33466. It is available on the Board's web site at www.stb.dot.gov. 2 Law Offices L BETTS PATTERSON &MINES, P s. 800 Financial Center 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206=343-7053 Stephen L. Day Phone: 206-292-9988 eMail: sday@bpmlaw.com August 2, 1999 Mr. Ken Garmann Director of Public Works City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: City of Yelm—Purchase of BNSF Branch Dear Ken: Enclosed for your review is our invoice for costs and services rendered in the above-referenced matter. If it is satisfactory, we ask that you kindly place the invoice for payment in the ordinary course. Thank you for allowing Betts, Patterson&Mines to continue representing the City of Yelm in this matter. trely, Steph n L. Day SLD:kt Enclosure 41666/080299 1144/57820001 op ROY - YELM, WASHINGTON LINE ._Fr TRANSFER STRATEGIES ATEGIES DISCUSSION AUGUST 18, 1999 The Roy(Milepost 21.04)to Yelm (Milepost 25.55) line is[4.51 miles long and has not been active for the last two years. There is local community support to preserve the rail line for future community development rather than to have the line abandoned by BNSF and the rails removed. � L dyy�3� Somer2h s for o sible,transfer of the line to a local entity � ty includeN��r�f /e of the line from BNSF under a 1U9D1 transaction sCSk e through an OFA(Offment filing.-- ),►�4.the line ost-abandqg the line post-a andoa C { Discussion of the above options: 1. Purchase of the line from BNSF (a) Need to negotiate a price foi (b) Acquiring party needs to bei , (c) Acquiring party takes over E410 Q_7- 1 Under this scenario, if the partie � °�"�� _, u be transferred under a 10901 tra` r ��° become a railroad and take overs, the acquiring party from BNSF aj carrier responsibility(2) The tracI underlying real estate. This wou to its unions on 10901 transaction - -- - 2 Purchase of the line through an OFA during the abandonment process. (a) The line would be purchased during the abandonment process which would then be held in abeyance pending consummation of the transfer. (b) By purchasing the line through an OFA,the acquiring party would need to become a railroad (c) The new railroad would take over BVSF's common carrier obligation. (d) Abandonment is a six month process. 3 Acquire the line post-abandonment: (a) The parties need to agree on a transfer price. (b) There is no common carrier obligation on the line as it has been abandoned (c) If the rails are removed at some future date and the quality of the title to the property is less than perfect,then reversion is risked. 4 Acquire the line post-abandonment under an NITU: (a) The parties need to negotiate a price for the transfer. (b) Trail use would have to be established (c) BNSF would not serve due to liability issues. 0 Port of %-Aympla AUG - 9 1999 PRESS RELEASE 915 Washington St NE 360-586-6150 Olympia,WA 98501 FAX 360-5864653 Email: inquiries@portolympia.com For Immediate Release August 5, 1999 For Further Information: Steve Pottle, Port Commissioner (360) 438-2208 Jerry Mahoney, Marine Terminal Manager (360) 586-6150 PORT OF OLYMPIA AWARDS CONTRACT TO TRIPLE ABILITY TO WORK RAIL CARS A contract exceeding $200,000 has been awarded by the Port of Olympia Commission to triple the ability to work rail cars at the Port's marine terminal — an improvement that is expected to spark additional activity and jobs at Puget Sound's southernmost port. Making the project possible is an 80 percent-of-total-cost, freight rail assistance grant that was awarded to the Port earlier by the Washington State Department of Transportation. The grant stems from proceeds of the freight mobility Referendum 49 measure Washington voters approved last year. Port Commissioners awarded a $209,893 contract, including state sales tax, to low bidder Coast Rail Inc. of Lakebay. The bid was under the engineer's estimate of$283,500. Up to another $9,050 may be disbursed for possibly needed additional work. The scope of work includes extending the marine terminal's tail track by 365 feet, adding a 505-foot rail spur between the existing warehouse rail spur and the main track, and extending the passing track by 530 feet. "We're really pleased that we received an 80 percent matching grant for this expansion of our rail facilities at the marine terminal,"said Steve Pottle, Port Commissioner. "The rail improvement project is badly needed not only to attract prospective marine terminal business but also to serve existing customers better." "Rail is such an integral part of transportation at the marine terminal," he said. "Our current and potential customers need rail. The expansion of rail at the marine terminal gives us a lot more flexibility and, frankly, an economic advantage that we didn't have in the past." The project, due to be completed before the end of the year, will increase both the operational and storage capacity for rail cars. The new spur will accommodate eight rail cars and rail car capacities will increase by nine cars on the passing track and six cars on the tail track. �+ r� "It's going to triple our capability of working rail cars in the yard," said Jerry Mahoney, Marine Terminal Manager. "It's going to make it easier for Burlington Northern Santa Fe to switch cars, which will make BNSF happier and improve the frequency of switching." The Port's marine terminal is served by both the BNSF and Union Pacific. The switching service to the Port is currently provided by the BNSF over trackage owned by the UP. In addition, the rail improvement project will benefit current uses of the marine terminal, including: • Rail transportation of Canadian logs to Oregon and California mills. The logs are towed in rafts from Canada to Olympia. • Rail distribution of recycled glass to California. The Port receives the glass from recyclers throughout the Puget Sound area. • Rail receiving of oak lumber from the Midwest for shipping from Olympia to the Far East. The availability of better rail service at the Port also is expected to divert other local movements from truck to rail — reducing freeway truck traffic as a result. "In addition to our strategic location and productive longshore workforce, the improvements in our rail capacity, frequency, and efficiency will help market the Port as an attractive facility for a variety of new business opportunities," said Kari Qvigstad, the Port's Director of Marketing and Trade Development. She noted that two additional phases of rail improvements are planned for the marine terminal area. The Port has already applied for an additional 80 percent WSDOT freight rail assistance grant for Phase II, which includes constructing a 1,200-foot connecting track from the existing tail track to the existing on-dock rail, constructing an additional 650 feet of on-dock rail, and extending the existing tail track by 380 feet. The total Phase II project cost is estimated at$535,000. 2 I AltPUGET - SOUND II I-- PACIFIC --- _----_NEWS-FOR-PUGET--SOUND-&=-PACIFIC CUSTOMERS,-EMPLOYEES;-AND-FRIENDS July-August 1999 No. 7 ._ - Timber traffic is beck I Reflections on our i second anniversary I_____ _.______-._ __..__ f A resurgence in timber and log ship- Centralia.Most of the propane arriving The Puget Sound & Pacific is ap- ments helped push Puget Sound & on the PS&P comes from Canada. proaching its second anniversary.Here Pacific's first half volume to nearly 5,000 The new Grays Harbor rail-to-truck are some thoughts about what the past carloadings,or 5.1%ahead of the Janu- transfer facility is scheduled to be two-years have yielded. cry-June period last year. opened in August. The two-track site First of all, we must recognize an Propane shipments have increased will enable Weyerhaeuser Paper and extremely dedicated group of employ- as more customers take advantage of other customers to combine the econo- ees-who-make the-railroad-run-and--less costly raii shipping.-PS&P-Vice Presi=--mien of-bulk rdil transportation with the who,for the most part, have been with dent and General Manager Tom Foster convenience of truck delivery. us since start up. Without singling out says,"We've gone from handling a car Bulkmatic, Griffin, Ind., has been se- everyone,Tom Foster and his team have a month last year to a car a week now, lected to operate the two-track facil- done a marvelous job of starting the It's turned out to be a good deal." ity,which can accommodate upwards railroad from scratch and building it PS&P's newest propane customer is of 14 rail cars. The facility was con- into a thriving business over a period of Cenex(Harvest States),St. Paul,Minn., structed with the aid of a$345,000 grant two years.We have accomplished this, which plans to open a facility this fall at from the Washington Department of in large manner,with a very good safety Gate,Wash.,which is 13 miles north of Transportation. record. Since August 1997, we have had only one legitimate reportable in- NEW TRANSLOAD— jury and that was a relatively minor Work nears one. We have gone over half a year completion for a - with no injuries. All employees on the two-track facility to railroad are safety conscious and rec- transload bulk y! - ognize safety as their individual respon- products from rail , sibility. cars to trucks at The PS&P is a success as a growing Grays Harbor, Wash. business.Starting with an annual traffic Served by the Puget R ` ` base of about 7,500 carloads in 1997, Sound&Pacific we are now approaching an annual Railroad, each 500-ft. °. e . business level of 10,50Qcarloads,a 40% track will be able to increase over 1997.Certainly the credit accommodate for this belongs to Tom and all the em- seven 65-ft, rail cars, �_� ployees for searching out new business ' and for serving our existing customers so well that they,in turn,increased their business with us. Carloads It is impractical to recognize all our 1,000 customers individually, but thank you for the confidence, support and the many ways you have helped us grow. 900 ° The PS&P has a bright future. 1 am convinced that had it not been turned over to an entrepreneurial short line, 800 the railroad could well have been a � y 1 candidate for abandonment within the next few years.We recognize the Burl- 700 ington Northern and Santa Fe and the Union Pacific,our Class I partners, and POO SOUND & PACIFIC thank them for support, help and for 60o Monthly carloadings their decision to convertthis property to ® 1999 1998 a short line railroad. ° DAVE PARKINSON I CHAIRMAN 500 7 , 1 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec SOUN DIJ N ES - July August=199 "operation Lifesaver" a alit Blakeslee siding in service "Operation Lifesaver"—a nationwide Those for older students are higher im- Puget Sound&Pacific's engineering grade crossing and railroad safety pro- pact—particularly stressing the dangers crew completed construction of a sec- gram has been a big hit at elementary of playing around railroad tracks, and 5,000-ff, siding at Blakeslee Junc- schools in Grays Harbor County. Presentations include movies, flip tion,which was opened July 5tospeed Programs were presented to nearly charts and recounting stories,such as interchange with the Union Pacific Rail- 60 classes from late April to early June, children hurt from putting coins on rail- road. The PS&P built a similar 5,000-ft. just before the end of the school year, road tracks. siding a year ago. "The students and teachers'were very "It's been very gratifying," says In other work,PS&P employees have appreciative,"says Donna Poynor,one Poynor. "The kids asked lots of ques- replaced 5,000 cross ties and will install of the presenters and a Puget Sound& tions and we had lots of feedback. 8,400 linear feet of heavier rail between Pacific Railroad train dispatcher. Teachers have asked meto comeback Elma and Shelton,Wash. as part of the Programs vary according to the age, next year, I'm looking forward to that." railroad's 1999 regular capital improve- ment program. Track serving the new transload facility at Grays Harbor has PSBP welcomes Weiss Cascade Coatings also been finished. Weiss Cascade Coatings,Centralia, Wash.,is PS&P's newest customer. Fast turnaround A little dab will do Weiss colors concrete and pulp "We've been receiving one to two To reduce rail wear on curves, dimin- planksthat are used forsiding for houses. cars a week," says Tom Foster, PS&P's ish wheel wear and save fuel,PS&P has The material is manufactured by Hardy VP and general manager. "Wayne equipped one of its hi-rail truckswith rail Plank, Fontana, Calif„which ships the Dalton has been very efficient in un- lubrication equipment.Special nozzles material on center-beam flat cars. loading cars quickly,so we get a one- spray lubricant on the gauge side (in- Because Weiss does not have its own day turn on the cars."The car goes in to side)of each rail to reduce wheel fric- siding,PSAP brings the cars into Wayne Dalton one night,and goes out empty tion,while permitting locomotive wheels Dalton(a lumber processor),which un- the next. to maintain proper adhesion with the loads the cars and takes the material Empty cars are repositioned to acen- tops of the rails. across street to Weiss. Because of the ter beam users, such as Portac or siding's weight,cars can only be loaded Weyerhaeuser,which use these cars to — �- -- -- - -- - to half the height of lumber shipments. load outbound lumber. The mission of the I {{ Puget Sound S ;: I Pacific Railroad: E 1 Customer-oriented, reliable, and cost=com-petitive_ — -- rail/intermodal ° f ! transportation services. IL o l - S0UND LIMES_- 9 PUGET SOUND & PACIFIC RAILROAD � __ _a 501 N.2ND ST.,P.O.Box L-2 G i ELMA,WA 98541 _ (360)482-4994 THOMAS R.FOSTER,VP&GENERAL MANAGER j No.401 • 221 GATEWAY ROAD � -�- - NAPA,CA 94558 (707)254-1414 DAVID L.PARKINSON,CHAIRMAN i CONTAINER TRAIN—Puget Sound&Pacific recently handled a container train of THOMAS FL.OPERATSCHLOSING PRESIDENT' I 8c CHIEF OPERATING OFFICER I scrap steel from decommissioned ships for the U.S. Navy. JUL-27-1999 17:20 P.01 caw oto. '= FILE COPY BETTS FAX MESSAGE PATTERSON & MINES, P.S. 800 F;---ij c.�ftr Fax: (206) 343-7053 1215 Fourth Avenue wattle,W*361gton 98161-1090 Fax! (206)M3-7053 Date: 7127199 Phone! (206)292MB9 To: Ken Garmann Fax#: d _ Include area code for ALL nu rs. a I � ) Company: City of Yelm From: Stephen L.Day File#: C Re: Invoice for Services Number of Pages: 2 i NOTICE: Information contained in this Communication is (including this cover sheet) privileged andlor confidential,intended only for the individuallentity named above. If reader of this cover page is not the intended recipient,you are hereby notified that any Please call Kathy Ttterington i dissemination,distribution,or copying of this information is at(206)292.9988,ext.446 strictly prohibited. If you have received this fax in error, please if you do not receive any of these pages or if im ediaWy notify us by phone(206)292-9988 and return this there is a problem. fax to above address via U.S. Mail. Thank you. NOTES: Ken, let me know if this is sufficient for your purposes. W, UWjr.H79QCQ1 DEUVER MHEMMMLY 423411072799 1718157820001 JUL-27-1999 17:21 P.02 (206)292-9988 91-1155124 LAW OFFICES BETTS, PATTERSON & MINES, P.S. 800 FINANCIAL.CENTER 1215 FOURTH AVENUE SEA'T`TLE,WASHINGTON 98161-1090 40 Mr.Ken Garmann July 27, 1999 Director of Publio Works Client/Matrer No,5782.0001 City of Yelm Statement No.000100 105 Yelm Avenue West P.O.Box 479 Yeiro WA 98597 RE: City of Yelm-Purdbase of J8NSF Branch Line STATEMENT SUMMARY' fflLG H JULY 27,1999 Legal Services Rendered ,72Q_0® Costs Advanced 2•Q0 TOTAL BALANCE DUE $ 9,722.00 440�' REMITTANCE COPY Please return this page with your payment TOTAL P.02 Law Offices BETTS PATTERSON &MINES, Ps. 800 Financial Center 1215 Fourth Avenue Seattle,Washington 98161-1090 'V� Fax: 206-343-7053 Phone: 206-292-9988 July 16, 1999 Mr. Ken Garmann Director of Public Works City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Dear Ken: Enclosed for your information is a copy of Tacoma Rail's marketing brochures. Very truly yours, Kathy Titterington Secretary to Stephen L. Day KT:kt Enclosure 23188/071699 1101/57820001 What's new in transportation for TACOMA RAL Pierce, Thurston and Lewis �wt a� � r .Y1� °• Y counties? the TACOMA RAIL s + MOUNWAIN DIVISION J rr�Ylcma °n Bi ayYm� 1 „ 1 r,1.`� Lakeba3( Pssts?Faun T CO.tfla au�tume f#CumbertancY� x r } Firc t D- L 1 g Wab sh (�� „ l�niversay Plac - df' / rets claw - 101 -ti=) I �, I Yoman r ; P-uyallup: Upper Mill - --.f �f ♦ .•lt?� ? 1 OlseFmtio. !i�oston rlforf Lake Clt- Mmilli Buc�tl • � wa18 01keson i8 r Opn9 <Carbonado ha r O�]d111�?'Id*tLlisqually Pierce �, a 11 0 t urrlw er `?`';�`� powsin sEblpmpia r_� 3 `' r apit-AStit?Fcn Oho henna ♦ p `s jUttlerock uqa otat?F. }( k • I } onville �. P } MQninor it •.-.. 41 2,:=¢Z�ftFiuur2d�itarialF ll �TA esker/~ C d�+ 'ui tai?Cam?F:?_ern? Ott tiS l .. Bucoda iv Jf nds Pial I a T.i Centralia ,. erdl c U�Ra ''v 7 �3xE y7. r sY 1 \ Chehalis 41 4- ti, CinCurtisetsr F= a t r� ` c'Gz �Paakwc r 508 Lewl#,�.� a rton - ='Randle as rlenomaiac,mc,"i z Custom designed freight rail service Q: Who is Tacoma Rail? .9 A: Tacoma Rail is the former Tacoma Municipal Belt TACOMA RAIL Line RR (TMBL) owned by the City of Tacoma and Tacoma ra•� M. operated under Tacoma Public Utilities. 47La :, ,:;, Fife , x s Hillsdale w - Tacoma Rail now has two operating divisions. The Midland { Tidelands Division serves 50 customers and the Port of Tacoma in the industrial&port area just north of Frederickson the City. raham Greendale . - I The Mountain Division has Roy 132 miles of track connect- Kapowsin ing Tacoma & Fife with Western Junction Clay Cit McKenna Y Y O Frederickson, Chehalis Maytown Rainier and Morton. Eatonville Essex Q: How was this created? Elbe Park Junction A: In 1995 the Ci o Blakeslee Junction (MOUNTAIN City f DIVISION National Tacoma purchased the Centralia RAIL (MAP ®.aTtMineral �1V1 tajT t track and fight-of-way • ®n, from Weyerhauser which Chehalis sti tiv1 had acquired itfrom the Milwaukee Railroad. Morton In November of 1998 Tacoma Rail began operations on the line as the Mountain Division with the rail mark TRMW. Tacio mcl,I The two Tacoma Rail divisions share the use of resources but are independent for operations, revenue and cost accounting. �p Tacoma Rail Tidelands Division TQ: What services are offered? A: Tacoma Rail is a full service short line railroad. UPRR .`k TACOMA RAIL Interchange with the Union.Pacific and Burlington Fife -16 Northern Santa Fe are offered to existing and BNSFTaooma potential customers. Interchange can also be made Hillsdale .rL ha with the Puget Sound& Pacific for service to the Midland h. Port of Chehalis industrial park and to Hoquiam. Frederickson s' raham Q: How are rates set? Greendale ( Roy r I A: Rates are negotiated for each Kapowsin 'r customer based on the level of service, Western Junction McKenna Clay City a i number of railcars switched, Maytown Rainier types of railcars, Puget Sound&Pacific Eatonville frequency of service Essex Park Junction AND ARE SET TO BE Elbe IIPRR Blakeslee Junction National COMPETITIVE WITH connection Centralia Mineral TRUCK TRANSPORT ! Chehalis BNSF connection to Partof_Chehalis Morton Q: When are �Q iv n' service hours? Mo �S A: Tacoma Rail operates 24 hours a day, 7 days a week. Service schedules Dcan be set to meet the needs of each customer. Q: Who.are some current customers? `. A Boeing and the Hardie Lumber Company plant at Frederickson; the Union Pacific Railroad and CEECO at Western function. la orna TACOMA RAIL i;_• .'~alt �i L ( J I Q: Does Tacoma Nail have the equipment to handle projected business? A: Yes! The service inventory for Tacoma Rail includes three-1200 horsepower locomotives, four-2000 horsepower locomotives M®� io� and a recently acquired 3000 horsepower locomotive especially suited for -�iytS i Mountain Division service. Q: What special services does Tacoma hail offer? r A. In response to customer need. • Car Order .Specialized railcar rental or lease IrrICO UIC11 •Heavy lift& heavy transport ®Direct access to Port of Tacoma Intermodal facilities '8%P -' w 260i'3k 509 North Frontage Road Pq&re%ww-w Tacoma, Washington 98421 MM�� 'ACOA RAIL TACOMA PUBLIC UTILITIES MOUNTAIN DIVISION: Operated for the City of Tacoma \ \- -e 1 t,-� 1� a LJI-7 l�e_ .�.� Tacoma Rail is a full service short line railroad. Interchange is available with TMARrow the Burlington Northern Santa Fe and Union Pacific Railroads. Interchange MIFEWWW can also be made with the Puget Sound& Pacific for service to the Port of ENNA"ir TACOMA RAILChehalis industrial park and to Hoquiam. The Mountain Division has 131 miles of track connecting Tacoma& Fife with Frederickson, Chehalis and Morton. Tacoma Rail is the former Tacoma 9 Municipal Belt Line RR (THBL) owned by the City of Tacoma and operated a., r under Tacoma Public Utilities. Tacoma Rail now has two operating divisions. �, 3 The Tidelands Division serves over 50 customers and the Port of Tacoma in the in & ort areajust northeast o the Ci making more than 55 000 i; P 1 f h' g revenue moves per year. Rates are negotiated for each customer based on the level of service, number of railcars switched, types of railcars, desired switching schedule and frequency of service. There are many options for assistance in construction of needed loading facilities. These may include economic development grants, low-interest loans, and take-or-pay contracts. Tacoma Rail operates 24 hours a day, 7 days a week. Service schedules can be set to meet the needs of each customer. OThe service inventory for Tacoma Rail includes three-1200 horsepower locomotives, four-2000 horsepower locomotives and a recently acquired 3000 horsepower locomotive Tacoma Rall Tidelands Division especially suited for Mountain Division service. UPRR • � Fife Services available include car gNSF Tacoma order, specialized railcar rental �� •® or lease, heavy lift& heavy trans- Hillsdale Midland • • A0 port and direct access to Port of �S l� Tacoma intermodal facilities. Frederickson sham Greendale Roy Kapowsin Western Junction McKenna Clay City Maytown Rainier FACT Puget Sound&Pacific Eatonvill Essex Elbe Park Junction UPRR Blakeslee Junction National SHEET connection Centralia Mineral Chehalis BNSF connection to Port of Chehalis Morton Call Tacoma Rail at 253-922-6631.- July 53-922-6631;July 1999 ask for Dennis Dean (ext 13) or Paula Henry (ext 14). w • +n4 " '<'" .r , `•�,r^7H i -,`�F�p^1'",�"'zf! •'alb, 1 b4, .f�'bAG•R' ii ylOpightz,.+ `l.s �'�I .r. ` rr++•+^.,....fir^-P.��m• -�Sr•- I ;�� ` r i �3'� � ?•S� i' 4 �.b � J f �� mss; J� y�. .n `�,'', � ' f,y:� :�?,,rf '�S - •k�r'h� �r IAS, Ready to think Rail ? f 07/12/99 16:05 FAX 253 _ 8274 The News Tribun- Z002 TH \::: ;fit �. •.+s;r; •;\ rix••: FILECOPYV" ' . , TO: FAX NUMBER: PHONE NUMBER: FROM . COMPANY: The News Tribune FAX NUMBER: (253) 597-8274 PHONE NUMBER: NUMBER OF PAGES: (including cover sheet) MESSAGE: 1950 S. State St. Tacoma, Washington 98405 P.O. Box 11000 Tacoma, Washington 98411=0008 Main Number. (253) 597-8742 o " __:.+..-._ . �:.��:_-._...... ..Y,.. •'.<y.lit _- - - _ "._ _4. iI THURSToN COUNTY E BakTalk B2.. Obituaries 04 S' Z' .- ' { T CAL Religion�5 > , ULY 10-19 77� yvwwaribnet.com SATi7RI?AY;J ; -ts l TStf'rN�SW,S T1t1BVi\l:� `y t _ t ,: F r T �• v.. x _ �"w,.� . S +3 I � ■ • BNSF ballii IV llpI to Ydim X` " .. •-= .ry_ • said'of.the Yehn track.,` f :t _ amL.' ofann;Yelmsgubncworksdirertor Duos : + t to lose>t ni president of the Yebn Area Chthus mt .'r` Br 8usex Bosoow anteres ad 'However the ra�Iroad�s:"only inteY ested rally lust sittuig at '. po 6 R" '6 ... r<, _t a Commerce,learned that the railro .:, ::<:'T 'JNEws:Tweune F': ',, ,=r:r .- ;•'In 1998;tlie'City of Yelm won . _ eIm le .for iiiaranefeFt�ng the assefie between Royha�a{zine acknoivIedged Garm .r,._: ....-, ...y, h€ '. ::' .. lkoned to.scrap the' g. teYuetant0 $340,000 fedei al grant to buy and mom .260,000 and Yelm he,said `: who recently surveyed trac3;usag . ;:The urhngtgn Northern Santa .p-. fain the, called PrAine Une..The.l?- ::: . r Cld the gw. mile'stretch gf t ackbegins uiLalcewood The raiurgad.has smce.reconsidered �valua e in the a Q p�babl wouldonly-tiring' w c'Ra&oad wont a up its ra>l tine be Lil�c&WOOd ;LvFeen L.akewgod and Pby and ends inYelm,.linlurig the small east he sazde b rail cars a year he sir worth of elm or send dut 100 ( But that hasn't discouraged folksin. .Thurston Countq city w:th key Puget . Gus Melonas,'who speaks for BNSF, said Apnce t een set That's butzCa lilie au ' $ Roy stretch, yehn,who last.year offered to buy it..' ':Sound rail coniiecfaonsfate ofth ed victor Lmes heg M u nts,customers along ttie line be " else;"you fiato start someplace,. Yelm wants "w"-said already have,claim, y... .Yelm folks made the offer to buy be- hasna een decided.°Wee will gn, F. . ... here"said Yelm-area businessman oe.; discuss the status of the line wrth sty of :.tween Lakewood:and Roy.They include . said. 10'N'11 it. ..':yyilliams,.leader of a recently appointed; cause•they worri tracks fina14 5 miles; $rials he saztL Eort I ewia and McChordAa Force Base._ Perhaps more important,the futuie i y 'Yehn Roy rail advisory board.°Our ong.: would abandon the afindustrial development in Yehn witfc�' final al was to have(the railroadYnot ..a tittle used stretch that ends in Yelm "We ve made the overtures and w Buttbere is less business between Roy go , .- - scrap the line. It's not in Yelm's best:.':,A couple of years ago;Williams then waiting for h"response;said n and Yehn"lt s had verylow tragic,°1VZe]-'- U41;� Pleasesee T.111 � .ft + .1 1� `I'm trying to replicate what they get in the wlld . ..- _. . . ... .. . . .... . .. . . :. :. . .. .. . . . : ': :' ..: . . :. . . . . _ . . . .. . . . . :.•. . . . . .. . .. . . .. . .._. . - . . .. . : - • • .:. . . :. .......... .. . .._-.... ..... ...... .. : .: ,:- :.. . . . .. . .... .- -�`-_..`.!-';�' - ,_ . .. .. . . :. _.. .. .. .. : ....... ...:': . ... _ � . . 1. - :. ; ,-:-., -,.1 ;;:� - ..��, : .. . - - li::: .. -"--_-__*::1'�.-:�:_. ", .. . '.:: , _*� .: " . �. % _�-... .. . . -- _ '.:.i': .... .,- , - -�-.-.- .. .,.,,,,, --.- -- .. .-' --�*. .., �'._ - .. ._.� .:-. ., . .. . .ii �f �.- !.:: . ..:.: . . . . -_ ... -. _. . -- -,�.-- --.,-... - : - I. - - _ � .. j . . . . . . : : . . . . . ::-.... .: :. .. . . . . 1 . . . - . . .. . .. . . . .. . .. . _ .. ..... _... � .. : . .- -: -:.. - - . ._..__-7 :. - .- :-; .... * -, , . . .; ..;. I . . . . - � . - - 1 -.. - L 1 6 .. .. - . . - . ....: . _: : . .;. : : . . . . . , , . . , - " . . . .. .-I . � .. - . . . .: ': :,..,. I- .. !� . . . . . - . .. . . .. .- . . . . .1 . . . ' . - . . . .. - . . . .. . . . .. :- " ........ . - . . . . . . - � Continued.from BI• ' 0. . .. ... P. . ..-. _•:. : :.C.- .. . :.:• - - lunge •nrail access,Williams noted.As itis,most:of . , .- , .., _ cant,but it is :;:-. . -. .- .. . ... . . .... . . . . : 'i .: . . :. :,.:::;: . .:•. : - ction to - I -1 . ose s e rail line Y n �zone=va tonne ::. ::-:-..:::%r•'.., - :.:r::: .:: ' :,._ ,-_ ::. , . .,__ .• . i tie i businesses to the.iest of the.booming Puget'. . ._ ... .. . _-- . .....: _ _ ..._. .. :. _ - :.;` Sound4e on - :•::::: ._• - _ ;` - _- -- - - - '=r- - ; ' "Wi the am unt" f tr c'. our 0 o affi on roads r has - - - - ail :: : - :. - "i: .J .77zbee mo esti n' .a n re att o as re asonalile an cost :... . ......::.. .. �. z.. - - -,: is. L::ia:r:�: - - °zY- i --- - - - efficzen t'wa .•to shi :OVe ant.to ensure we re a`'la` P P Y in •"�;'= - - r :' r , e here Williams.said: S.... '.. ... _ ... :_.: .. _. :�.. ... .i .. ', ''• ' .. ._ ... ..: _ .. .. .. - .. .. ..- .. .. :: of the . .. . .. ,. - r . _ . _ .. ._. - ..- ., ...:..;'•:.�: `�':::.. ' :.,',�:�• •. gtll&Ote use hich0� ... : . .. .. . .. ... .. . : .. . .. . . . Miles Sand Grave Co,w pe etas.a'large pit ` ;. ... .•. .-. :. . .. .. . .. ...: . . . ;`;::.� ' south of Roy.-According"to Gariiianu;Miles could ship . . ::• . " .. 56;000�rai1 cars.a year along the linea Sa far; Miles �. ,;: . . . . -•, hasn't used rail-b c e it's be too expensive,com-. - . .. . . . . . .. . - . '. e aus been t o tial have said;_ ...,. I. . . . .. . s. PAY a ;.. Miles,vice president Lisa Miles Kittilsby;is a mem _ _ ... ..-: . : ..::::...r.. .... - - �.: ': . . ': ._-;:: the ,.-..,.-..:, ........_.-. :.:-:'"::.'::��:::.:..:=•:-•.�_ : ::•:::.:�::� :::: :-: :: :. :' •` . :.-: ard,led by Williams.Mem :.:::.......-_� - .. .... ...... .. - .._..._:.-.- . .. ... :. :.. :.:_ -. .. ..... -. _.... . .,...... .. :::.:" o.y ......_.. . _ ....._...:.. -..... __ ._ ::.:......::. ° were _.-. ....... .... ... .. .. . . .. . .- . . _ :.. hers " appointed by the m s of Roy and Yelm. : :..-_.-.. ._ . .. ..:.... ..... .... _ - - _...:.._.:. .---.. . :..'•:-: �. .. .. ... ::%-'.:.: °::;:° .°:.:,. - - "The Wilcox Tamil F •�wliich runs•.a feed mill in`. .. - .- -: .. .,-. - • ' .... .:. .. ' . . Roy,is'alsq-representedo the board:-.Walcox use's.:. - .. :..- : . . . . . - �. - . . : ..,. . .: :.. . . . .... . .. .._ .. ..-... ._. . .. about 600 rail cars.a ear to brin in � ain for,ifs a, . .... . .. . , . . _ Y. g �' an imals,Garman said:' . . _ - . .. I' . . . . '� ✓Rdacli staff writer"Su" ' Gordon at'253-597- i. - .8281' ..:::or .by': .-e-mail at . .susan.'.. I ;..: . .. . . ,, . . . . . . . .. . ... .......... 1. . . .... ..:. ...... . .. ... , , i; Igor on• :tn net.co�:.�-' . - - . .. .--- _... ::. _ _ .. :.. ... _., _. .:. .. l....... r. :. : . ._ .. ....� .. .. .. ..: .. .. �... .._ .. ..i... .. a -..' C' ...- .. :- . .. ., .. :. -: .v.:. ..:::.:.......... :� . . .. ..-. .-.-- .. - _ - .. . I j - . I al. -. ,. : - ..: .... ; . --.::. . - . ., , :M..0 - . .,. z - ` .. ... ...... sF�.''A�!Y!t^... v S. -P '. r ounqul SmON agj/dolle j mom Ai M". 4t� �IV130 ...:. M EMU A' LOS F„ I r_ LNk y �j '-9ii �. 1 �s efi lu6dnd Am N ivo .._`. Pooenanel Wooel P _ - 11 QI�"theiA: 5 eniK �s A�burnbidY get11'�-.mi or� out k4of BI�SFY e5`..Jk r`t � !/ ,._{y y'r '�;ri' r�x�. 4 f' l w r 12,86 _'rt 1 19EWS TRIBUNE STAFF AND'NEWS SERVICES ■ e portsrof Seaand Taco ' � i` , � ma have tlieu�'�ail service secure„f�.s�, r.Ther City�of 1�uburu'a Efonryear `fob the'next few years,"said Paul ;:legal fight;against the Burh igton Ch�lcote;semor'di ector for+the Port r :J q` Northern Santa Fe railroad ended ,gof Tacoma The ports,the f}fth"and°zK ' :" Monday when the U S',Supreme; '�sutth largest co�italner ports, they t. Court refused'tohearthe c� caseUmted Stades;supported reopen I Auburn heti argued that tha rail 'uig fthe'.Stampede Pass dine, `thea` road wronitignoreil loctal envy ith�rd.BNSF rail ro'ute,running i k 5Ti•M Ca' S- P' S f r1 5 1 T ( 5 F ' rpinental regulations when it re `<' aGross the Caecade Range„ to han` activated its'Stampede Pass lme ' 'dle'incieaseii'bnsines J r e BNSFalso has the,go ahead to But the nation's Highest court+let a':;reopen a large `intermodal yard"�� I staiicl Rnthoiit'cominent a 9t1U S rt i,?ui Auliurn,where unported goods ` Cuctiit Cour t.ofAppe- ruling frgrn,f' thatOre trucked�froizi tlxe'ports ' last year,tha£federalTawpreempts rouldtlieloadedonto;trainsrt�F+ any-state or'zlocal regulation;that y r The i itermocial yard', d add a F woulddelay or frustrate'the:Frail pro�eeted 3 000'truokrtrips a:day ` road frgm reopening the line y ;through Auburn However,,BNSF lVlonday's action means ,.yK spokesmah: us Melones said_the N The railr'o'ad wo'n't have f6pay railroad hadn't�&cided whether to Aub``urn millions of dollars iii;extra inove:'from the yard A now oper r fees to offset.the:}}'Mpacts:,of in ,ate , "Tukwila creasedtrauittrafl'ic'through the>' 'A uburn,.aloiigwith the-e es,of city Federal lawrequires only.that 'Kent and Yakuna,origmally went e the,railroad pay up.tp 5 percent of to court to challengg the'federal f the cost of local crossing unprove , 'rSiirface Transportation Board's de- ments}Auburn officials'sayahat lelsion to allow the railroad to re- 7 ' cover;the$52 million needed „open the•Stampede Pass Hne Kent': �! fox-.,pe planned overpass and un-i ``and'Yakuna later`.reached:settle derpass projects 'mients.butAuuurn rejected the rail �; 'road's offer. ., MAY-28-1999 15:37 P.01 Law Offices BETTS ' F PATTERSON &MINES, Ps. 800 Financia!Center 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206-34.3-7053 Phone- 206-292-9988 FAX COVER SHEET TO: Ken Garmann FAX NO. : ,(360) 458x4348 OF: City of Yelm FROM: Stephen L. Day OUR FILE: 88880000 RE: ST8 Decision NO. OF PAGES (INCL. THIS PAGE) : 8 DATE: 5128199 Please call (206) 292-9988 (Ext. 557) if you do not receive any of these pages or if there is a problem. PLEASE DBLIVER IMMEDIATELY: (_) NOTE: FYI THE INFORMATION CONTAINED IN THIS FACSIMILE COMMUNICATION IS PRIVILEGED AND/OR CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS COVER PAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY .NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION OR THE INFORMATION CONTAINED HEREIN IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US 8Y TELEPHONE (206) 292-9988, AND RETURN THIS FACSIMILE TO US AT THE ABOVE ADDRESS V'IA U.S. POSTAL SERVICE. THANK YOU. MAY-28-1999 15:37 P.02 29824 SERVICE DATE-MAY 21, 1999 EB SURFACE TRANSPORTATION BOARD DECISION STB Docket No.AB7547X ROARINGFORK RAILROAD HOLDING AUTHORITY —ABANDONMENT EXEMPTION— IN GARFIELD,EAGLE,AND PITKIN COUNTIES,CO Decided:May 19, 1999 By decision and notice of interim trail use or abandonment served October 1611 1998 (October 16 decision),we granted Roaring Fork Railroad Holding Authority(RFRHA)an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 V.S.C. 10903 to abandon a - line of railroad known as the Aspen Branch,extending from milepost 360.22 near Glenwood prings to the end of the line at milepost 393,66 near Woody Creek,in Garfield; Eagle,and Pitldn Counties,CO,subject to the offer offinancial assistance(OFA)provisions of 49 U.S.C. 10904,as well as trail use,historic preservation, environmental,and employee protective conditions. RFRHA had requested an exemption from the OFA process,but we denied that request asunsupported. On October 26, 1998,Morris H.Kulmer and Kern W. Schumacher(the offerors)timely filed an OFA to purchase the line. By decision served October 30, 1998(October 30 decision),the Director ofthe Office ofProceedings postponed the effective date ofthe exemption in order to permit. the OFAprocess to proceed.' On November 5, 1998,RFRHA filed a motion to dismiss the OFA on the ground,inter alia,that the offerors do not have good faith plans to provide continued rail service ' The October 30 decision stated that,if RFRHA and the offerors could not agree on the purchase price ofthe line,either party could request the Board to establish the terms and conditions ofthe purchase on or before November 25, 1998, On November 3, 1998,RFRHA filed.a motion to extend the time for it to respond to any request to set terms and conditions until December 4, 1998, and on November 10, 1998,offerors asked that we postpone indefinitely the due date for submitting their request to set terms and conditions. MAY-28-1999 15:38 P.03 STB Docket No.AB-547X on the line,'as well as an appeal of the October 30 decision? Offerors and the Board of County Commissioners of Garfield County,CO(Garfield County),replied.' In this decision,we dismiss the OFA.' PRELMNARY MATTERS Codija ojpterest. A collateral dispute has arisen concerning an alleged conflict of interest involving an attorney representing offerors. Before the petition for exemption was filed,RFRHA's counsel,who was not familiar with the Board's procedures,contacted an attorney with such experience,for a consultation regarding the best course of action with respect to the line of railroad at issue_' The attorney who was contacted,Fritz Kahn,advised filing a petition for exemption of the abandonment of the line. He was paid(by RFRHA's counsel)for his time spent consulting on the matter,and then,according to RFRHA,it substantially followed his advice. Subsequently,Mr. Kahn filed an OFA on behalf of the offerors. RFRHA argues that there is an apparent conflict of interest and that the OFA filing was made with the benefit of confidential information disclosed to Mr.Kahn in the course of his consultation. RFRHA has moved to strike all pleadings filed by Mr.Kahn on behalf of offerors in 2 RFRHA bases this claim on the fact that the offerors are associated with A&K.Railroad Materials Company, a salvage company that is in the business of acquiring rail lines that have been or are being abandoned and selling the rail for scrap. The Colorado Department of Transportation (CDOT)and the City of Glenwood Springs(the City)join in.RFRHA's motion to dismiss. s By decision served November 25, 1998,the due date for requests to establish terms and conditions was postponed pending a decision on the motion to dismiss the OFA and the appeal of the October 30 decision. 4 Numerous additional statements have been submitted, including filings by Orrison Distributing,LTD. (Orrison); Valley Lumber Company(Valley Lumber);W/J Ranch, Inc. (W/J); Sanders Ranch Holdings,LLC;and the City. 5 In light of our decision,all unresolved discovery matters,including offerors' motion to compel, and all motions to strike improperly filed pleadings are denied as moot. ' RFRHA's counsel may or may not have specifically identified RFRHA as his client. RFRHA's counsel seeks a protective order allowing him to submit,under seal and in a manner that would not publicly disclose privileged,attorney-client communications,evidence as to his version of the consultation. In view of our disposition of this matter,we will not pursue the issue in the context ofthis proceeding. Accordingly,the motion seeking a protective order is denied. - 2 - z MAY-28-1999 15:38 P.04 STB Docket No. AB-547X this matter_' In light of these charges,Mr.Kahn,while denying any conflict of interest, has withdrawn as counsel for offerors,with his clients' permission. Under our Canons ofEthics for practitioners before the Board,"[t]he obligation to represent the client with undivided fidelity and not to divulge secrets or confidence'forbids also the subsequent acceptance of retainers or employment from others in matters adversely affecting any interest of the client with respect to which confidence has been reposed." 49 CFR 1103.16(c). The sanction for conduct in violation ofthis canon,within the context of a proceeding,is removal of counsel,e Because Mr.Mahn has withdrawn from representing offerors in this proceeding,RFRI4A has already received all the relief to which it would be entitled in this case if the allegations against Mr, Kahn were proven. Acc we need not further address the conflict of interest allegations here. Emergency Relief. D ' g the course ofthis proceeding,offerors sought emergency relief to com se and desist from allegedly unlawful actions to sever the rail line. In one instance,an easement was granted for trail purposes over a portion ofthe right-of-way that does not cross the line of railroad at issue. In a second instance,an easement was granted for a grade crossing as part of a settlement of condemnation proceedings understate law. Neither of these actions in any way constitutes a"severance"ofthe line of railroad. They are ordinary activities,fully consonant with the usual operations of a railroad,that place no burden upon maintaining transportation services. In a third instance,it appears that a highway reconstruction project by CDOT has obstructed the rail line beyond Carbondale,CO,an obstruction that apparently will continue for some period of time. That portion ofthe railroad,however,has been under embargo for at least a decade,since before RFRHA acquired the line. RFRHA has no control over the highway project,but has acted ' Mr.Kahn has petitioned for leave to file a personal reply,in response to the allegations made against him,and RFRHA has moved to deny that petition and to strike the reply. Mr. Kahn has a right to defend himself against the conflict of interest charge,and his reply is therefore accepted for filing. & Dismissal ofthe OFA,as advocated by RFRHA,is generally not an appropriate sanction. Se W_T_ Grant Co- v_ Haines, 531 F.2d 671,676(2d Cir. 1976) ("sins of counsel" are not generally visited upon the client so as to vitiate the latter's cause of action),accord, Arons-y,,Lalime,No. 6: 94-CV-7618 C7S(H), 1998 U,S. Dist.LEXIS 20342 at*23-24(W.D.N.Y_ Oct. 8, 1998). As far as striking the pleadings submitted by Mr.Kahn is concerned,any allegedly confidential information contained in these pleadings has already been disclosed and placed on the public record. Moreover, we do not rely upon any allegedly confidential information in reaching our determinations in this decision. Therefore, striking the pleadings would serve no useful purpose. Similarly,RFRHA has shown no need for an order barring any further disclosure by Mr.Kahn or substitute counsel (Michael Van Wagenen). - 3 - MAY-28-1999 15:39 P.05 STB Docket No_ AB-547X appropriately to protect its interests and responsibilities by negotiating with CDOT a commitment to restore the track and to indemnify RFRHA at the conclusion of the project.' We find that offerors have failed to allege any facts upon which emergency relief may be granted,and,therefore,deny such relief Garfield County. RFRHA has moved to strike certain aspects of Garfield County's submissions,10 both with regard to the issue of alleged severance ofthe rail line(discussed above) and with regard to certain material allegedly covered by attorney-client privilege(similar to the material involved in the conflict-of-interest issue,also discussed above). No useful purpose would be served by striking any of this material. The allegedly privileged material was apparently sent to Garfield County by RFRHA and has been on the county's public records for some months already, and thus has not,in any real sense,been"disclosed"in this proceeding. DISCUSSION AND CONCLUSIONS The OFA process is designed for the purpose of continuing to provide freight rail service, and is not to be used to obstruct other legitimate processes of law(whether Federal,state,or local) when continuation of such service is not likely. Se&Tho Land-Conservancy of Seattle and King Coup"— and Operation Exemption—The Burlint?ton Northern and Santa Fe Railway STB Finance Docket No. 33389-tgi�,, slip op. at 13 (STB served May 13, 1998),11 Accordingly,when disputed,an offeror must be able to demonstrate that its OFA is for continued rail freight service. Union Pacific Railroad Company—_&Wdonment Exemption—In Lancaster County,hE Docket No.AB-33(Sub-No. 713 (ICC served Sept. 28, 1992);-Conrail Abandonment%5I3Qtb SlrQgt,NY_Docket No. AB-167(Sub-No. 493N)(ICC served Jan. 13, 1987). Where,as here,the line is not currently active,there must be some assurance that shippers are likely to make use of the line if continued service is made available, and that there is sufficient traffic to enable the operator to fulfill its commitment to provide that service. S=Tle.Burlington Norther and Suala Fg 1 y_Company_—_Abandonment Exemption—In King Coun ,� STB The project contemplates a grade-separated crossing,in conjunction with projected light-rail service or,upon reasonable request,freight service. iQ Garfield County was a member of RFRHA when that entity was formed,but subsequently withdrew its membership. It now advocates private ownership of the Aspen Branch to provide both freight and passenger service. 11 Pending review in The Land Conservancy of Sea 1 y�,Nos. 98-70776 and 98-71348 (9th Cir. filed July 10, 1998). - 4 - MAY-28-1999 15:40 P.06 STB Docket No. AB-547X r, Docket No. AB-6(Sub-No, 3 80X), slip op. at 5 (STB served Aug. 5, 1998)." The record in this case does not provide such assurances. Of the five potential shippers that have been identified here,three are not even in a position to use the line. GMCO has moved its facility to a location oifthe line.13 Valley Lumber is apparently situated on the opposite side of a waterway,and the cost of constructing a siding and bridge to serve its location would appear to be economically impracticable for the low volume of traffic projected for it,14 W/J appears to be located on a right-of-way long since abandoned and beyond the scope ofthis proceeding," The traffic projections for the other two potential shippers thathave been mentioned—Orrison"and ECDC Environmental (BCDC)17--are too indefinite and insufficient to support continued freight rail operations,as the offerors readily concede. Indeed,the offerors acknowledge that continued&eight service would not be self-sustaining and that their objective in seeking to acquire the line is the same as the RFRHA's own plans for the right-of-way(the plans for which RFRHA had sought an exemption from the OFA process). Accordingly,it is not appropriate for us to force the sale of the line based on the offer that has been submitted,as the statutory objective of continued freight rail service would not be likely to result from this OFA proposal. It would be inappropriate and unfair to permit use ofthe OFA process to wrest the right-of-way away from one person desiring to use it for a valid public purpose and give it to another person to be put to use for the identical public purpose. " Pending review in Redwpn -Imquah Railmad Preservation Ass'n v. STB,No.98-70906 (9th Cir, filed Aug. 12, 1998), " See statement ofRobert L.Banks,transportation economist, attached to RFRHA's December 7, 1988 response to Garfield County's pleading. GMCO had only minimal traffic on the line in the past(19 carloads in 1996 and 1 carload in 1997). " Valley Lumber apparently has not used the Aspen Branch in the past, and offers(in mere generalities)a potential of only between 10 and 20 rail cars of traffic per year_ 15 W/J professes a need for rail services to its housing project located 11 miles south of Basalt.. However,the housing project has been denied permit approval by Pitkin County. 1' Orrison's stated traffic requirements average no more than one carload per week,and it has not produced nearly this volume oftraffrc in the past. " The offerors assert that ECDC has expressed an interest in moving 300 to 400 cars annually of waste materials from Carbondale to a landfill in Utah. ECDC has not come forward,however,to corroborate this claim. Moreover,the offerors concede that this amount oftraffic would not justify the costs that they would need to incur in order to provide rail freight service. Offerors'reply to RFRHA's November 5, 1998 appeal, at 10-11. - 5 - MAY-28-1999 15:40 P.07 STB Docket No.AB-547X Moreover,based upon the additional information we now have concerning both RFRHA's plans for this line and the lack of interest in continued freight rail service, we believe that it would have been appropriate to exempt this line from the OFA process. An exemption from the OFA provisions of 49 U.S.C. 10904 is appropriate where the right-of-way is needed for a valid public purpose and there is no overriding public need for continued(freight)rail service. Norfolk.and Western Railway .ompuy—Abandonment Fxempliou—fin Cincinnati,Hamilton County.OH,. STB Docket No. AB-290(Sub-No. 184X),slip op. at 11 (STB served May 13, 1998). Following consummation ofthe abandonment,RFRHA plans to rehabilitate and reconstruct the line for light- rail passenger service." Congress has already made a preliminary authorization of$40 million for the light-rail passenger service project,"which is expected to relieve traffic congestion between Glenwood Springs and Aspen,CO. Based on this new information,it is clear that the property is needed for a valid public purpose and that there is not an overriding public need for continued freight rail service. This action will not significantly affect either the quality of the human environment or the conservation of energy resources, Itis ordered: 1. The OFA tendered by Morris H.Kulmer and Kem W. Schumacher is dismissed. 'g RFRHA states that fixture freight service,if required,could be restored as an adjunct to passenger service. RFRHA could,of course,reinstitute rail freight service upon obtaining an appropriate certificate under 49 U.S.C. 10901. However, our decision here is in no way contingent upon the representation that rail service may be reinstituted if there is a sufficient demand for such service. 1� If the line is forced to be sold to a third party under the OFA process,that funding would apparently not be available. Accordingly,RFRHA argues that pursuit ofthe OFA process would thwart preservation ofthe line for development ofthe needed light-rail project. Moreover,we nate that,in view ofthe Federal funding that RFRHA has lined up for that purpose,this case presents the anomalous situation in which any future reinstitution of rail freight service(as an adjunct to passenger service)appears to be more likely under RFRHA's own plans for the future of the right- of-way than through the OFA process. - 6 - MAY-28-1999 15:41 P.08 STB]locket No.AB-547X 2. All other relief is granted,denied,or dismissed as moot,as discussed in this decision. 3. The October 30, 1998,decision is vacated. 4. This decision is effective June 20, 1999. By the Board, Chairman Morgan, Vice Chairman Clyburn and Commissioner Burkes. Vernon A. Williams Secretary - 7 - TOTAL P.08 FROM :�WSDOT RAIL 360 705 6821 1105-19 10:44 #804 P.01/05 y FILM C'ot Washington State acsimile Transmittal Department of Transportation DATETIME N .OF PAGES(Ind. ns.) — ❑Call for Pickup,,ttDeliver To FROM Ray,Allred, Rail Planning Specialist LOCATION ; WSDOT hail Office PHONE NO. FAX PHONE NO, VOICE PHONE NO. FAX PHONE NO. (360) 705-7903 (360) 7056821 COMMENTS /`? (ZT NOTICE: Some fax machines produce copies on thermal paper. The image produced is highly unstable and will deteriorate significantly in a few years. This record should be copied on'a plain paper copier prior to filing as a record. DOT Form 700-050 EF Ravi-ad 8/64 FROMy :WSDOT RRIL 360 705 6821 1 05-19 10:44 #804 P.02/0S �05119l99 12:43 IV, 323745 'JUUa.(VY-* DPT WAL FORM B9(7-90) FAX TRANSMITTAL, N.1pwa. Frc DOP1.I ey Gno N �• F Fix N imp NSN 7S40-01-317-7368 0009_101 GEN2AA6 SERVICES ADMINISTRATION FOR�D1ATE RELEASE FHWA 30-99 Monday,May 3,1999 Contact: Jim Pinkeiman Telephone: 202-366-0660 U,S.Transportation Secretary Slater Aunotinces$13.1 Million in Grants ' To Help Make Communities More Livable U.S. Transportation Secretary Rodney E. Slater today announced that 35 proposals , totaling 513.1 million will rcaeive fund' under,sm innovative initiative called the Transportation and Community and System Preservation Pilot program(TCSP),which serves as a key component of the Clinton Adnvixistration's livability agenda. "Thus Emancial tool will help make eomiounities more livable by preserving green space, easing traffic,congestion and employing`smaxrt growth' strategies,"Secretary Slater 54d.° "'Through ftding like'this,-we can protect our lenv ironmentwhile growing our economy, demonstrating once again President Clinton's commitment to putting people first." Vice President Gore in January launched a comprehensive agenda to strengthen the government's role as a partner with state and local ef'orts to build livable communities for the 21 st century. TCSP is an initiative consisting of research acid grants that will assist communities as they work to solve ZTNMhftd problems involving transportation,lard development, environmental protection,public safety and economic development. It was established in the, Transportation Equity Act for the 21st Century(TEA-21),the six-year surface transpmtadon law signed intp law by President Clinton on June 9, 1991;. TCSP funds will be used to help achieve locally determined goals such as improving transportation efficiency;reducing the-negative effects of transportation on the environment; providing better access to jobs, services and trade centers;reducing the geed for costly future infrastructure; and mevitalizing underdeveloped-and brownheld sites. 4rants also can be used to examine urban dovelopment patterns and create strategies that encourage private companies to work toward these goals in designing new developments. The 35 projects revere selected from,an initial pool of 524 applications, evaluated by a multi-disciplinwy panel.from,the Environmental Protection Agency and the department's Federal Highway Admidstration, Federal Transit Administration and Research and Special Program Administration. , FROM :WSDOT RRIL 360 70S 6821 106-19 10:46 #804 P.03/06 `� U/19/99 12:43 22 323705 ��• �Y= May 3,1999 1999 As a key tlMnsportation component of its livability agenda,the Clinton.Administration has requested$50 million for the TCSP program for fiscal 2000 to respond to overwhelming interest from communities around the country. "TCSP is an exciting and innovative program that rerognizes the close link between transportation and the environment, as well as,the importance of overall development for a community;' FHWA Administrator Kenneth R. Wykle said. "It implezmenus our commitment to protecting the environment while growing the economy." Following is a list of the grant winners!by state,showing the community,the,amount received,and a brief description or title of the project. Alaska Anchorage:$250,000. Anchorage Metropolitan Area Transportation Study (AMP�TS) Community Transportation Cooperative. Arizona Tempe: $225,000. Transit Overlay District and University Drive Subarea Study/Integrated Transportation Plan,Model,and Local Transit-Oidmted Designs Guidelines: Calfifornin San Frangisco Flannning Department: $177,000. Land Use'Support for the Mission Street Transit Corridor. Escalon: $150,000. Escalon High School Linkage Project. Mono County: $182,000. Lee Vining Community Planning Project. Connecticut . Hartford Metropolitan Aria: $450,000. Picture It Better Together: Takimg Transporta un Goals 'From Policy to Reality: . District of Columbia Metropolitan'Washington Region; $380,000. Ixaplomeat Adopted Transportation Vision for the Metropolitan Washington:Develop Circulation Systems and Green Space, Florida Gainesville Metropolitan Area: $150,000. Development and Application of Integrated Land Use acrd Transportation Sketch Plarming Methods. Idaho Ada/Canyon Counties: $510,000. Trea.surr:Va11ey Futures:Now Choices for the,American Kentucky Central Bluegrass Region, $435,000. An Iintegrated Model fbor Transportation Plmiing and Context Sensitive Design. FROM :WSDOT RRIL 360 705 6821 ] 05-19 1045 #604 P.04/05 05/19/89 1'L:�7 � �z:s•ru:, •L -- • • - May 3, 1999 Louisiana New Orleans Metropolitan Area:• $450;000. Transportation/Community Systems Optimization through Non-Traditional Partnering and Infrastructure Prioritization. Maryland State.of Maryland: $450,000. Maryland Integrating-Transportation& Smart bmwth(MINTS). Michigan Saginaw Metropolitan Area: $4.5,000. Retrofitting Anytown,USA- Lansing/Tri-County Region: $355,000. Regional Growth-Choices For Our Future. Missouri • Kansas City Metropolitan Area: $600,000. SMART CHOICES-Options for Creating Quality Places_ Montana City of Laurel: $85,000. Transportation and Community Sustainability Plan. New Jersey Northern New-Jersey: $700,000_ Preparing Modern Intermodal Freight Infrastructure to Support Brownfield Economic Redevelopment. State of New Jersey: $535,000. 't rmsit-friaxdly Communities for New Jersey. New York City of Troy: $70,000. Waterfront Redevelopment. North Carolina Research Triangle Region: $450,000. Regional Development&Mobility Principles_ Ohio Wooduicrc Village, Cleveland: $195,000. MaWng Chagrin Boulevard a ;Place Instead of a Dividing Road:A Greater Cleveland Demonsuinion Project in-Woodmere Village. City of Dayton: $300,000. Tool Town. Oregon Portland Metropolitan Area: $500,000. Urban Reserve Planning for the Portland Metropolitan Region. Willamette Valley: $6110,000. Evaluate the Transportation Impacts of possible f=utures in Oregon's Willamette Valley Organization. Pennsylvania Centre County: $500,000. Creating a Community-based Sustainable Future for 1-99:A Watershed Approach Philad.clphia Metropolitan Area: $665,600. Implement Transit Oriented Development in the Fhiladelphia Metropolitan,Area;Schuylkill Valley Mello(SVM)Corridor Station Area Planning and Implementation. 3 FR9V :WSDOT RRIL 360 705 6821 11 05-19 10:46 #804 P.05/06 os/19!99 12:44 tr 3ZJ—rUS - May 3, 1999 PHWA 30-99 Rhode Island City of Providence: 5600,000. Olneyville Squate Inter-modal Transit Centex. South Carolina ' Berkeley,,Charleston,Dorchester Region: $300,000. Development and Implementation of a Model Program Strategy to Link Transportation, lydlr tnicture and•L'aud Use-Planning for the BcAeley-Charleston-Dorchester Region of South Carolina. Tennessee Johnson City: $275,000- The Land Use and Transpodation Plan. Texas City of Houston: $500,000, Main Street Corridor Planning and Research Project. "Utah Greater Wasatch-Area: $425,000, E visionUtah. Virginia Charlottesville Metropolitan Area: $517,920. Jefferson Area.Eastern Plan'tmng Initiative. Washington Ccutxal Puget Sound Region; $400,000. Transit Station Communities Project. West Virginia City of Martinsbuzg: $300,000. Historic Baltimore &Ohio Roundhouse Renovation Project. Wisconsin Dane County: $365,000. Design Dane Phase ff. 4 05/18/99 TUE 17:55 FAX 253 992 9781 DAVID EVANS&ASSOCTAMV Post-Ir Fax Note 7671 Dale $ pages FI CO. To! FromLE Ing COPYf o �Y Phone# Phone# Fax# FaX#�6b—�$ Builington Northern-Santa Pe Ra - road,which shut down the spur line in December 1997,ha„ e� the$3 rail. hon line and right.-of; ay tat 1 imil 1aWm =n ' es Aseociadori.The non- Profit on profit association also operates the Yaki. ma Electric,Railway,which runs trolleys between Yakima and Selah from May through mid-October. The new Yakima-Neches rail service has been named the Yakima Valley Trans. portation Co.and has received a lo*inter. set $500,000 loan from the state to refurbish the tracks on the 93-year-old i line. ! is exhl' cen- B PU /'0 uei- esitrituaity ,-fid it ker yew Tr �stice o far er,is on plan to challenge the move_ p�� frac four Mini-raft-tine to serve one Yakima Naches area °°'0 /� n 11-mile rail line between deli and Naches will help wood products f d companiea and fruit warehouses along eta the route cut their freight bills when it imi opens next month. •gh �are ecstatic,"says Jack Shaw,gen- Insie eranger of J&J Wood Products in per,, . �/Gv2 C� �av�.►r'�/ �S/N�^'S� Pierce County Office ot the County Council Y-f4LANNING COMMITTEE 930 Tacoma Avenue South, Room 1046 Biskey, Chair Tacoma, Washington.98402-2176 W n Madsen, Vice Chair (253) 798-6695 Wendell Brown, Member FAX(253) 798-7509 Pat O'Malley,Member 1-800-992-2456 Jan Shabro, Member May 4, 1999 PLANNING COMMITTEE PUBLIC MEETING NOTICE The topics below will be discussed at the Planning Committee Meeting on Wednesday, May 12, 1999, beginning at 9:00 a.m. The meeting will be held in the Council Chambers, County-City Building, 930 Tacoma Avenue South, Room 1045, Tacoma,Washington. 1. Approval of Minutes 2. Study Session: Upper Nisqually Valley Community Plan AN ORDINANCE OF THE PIERCE COUNTY COUNCIL FINDING THAT ACQUISITION OF REAL PROPERTY LOCATED WITHIN THE PROJECT AREA OF THE FOOTHILLS LINEAR PARK TRAIL'(RAILS TO TRAILS)IS A PUBLIC NECESSITY; AND AUTHORIZING THE PROSECUTING ATTORNEY TO INITIATE CONDEMNATION PROCEEDINGS. (BURLINGTON NORTHERN SANTA FE RAILROAD COMPANY-MCMILLIN ASSOCIATES) 4. PROPOSAL NO. R99-66, A RESOLUTION OF THE PIERCE COUNTY COUNCIL REQUESTING THE DEPARTMENT OF PLANNING AND LAND SERVICES TO INITIATE A COMMUNITY PLAN FOR THE SOUTH HILL-FREDERICKSON AREA, CONTINGENT UPON THE AVAILABILITY OF GRANTS AND OTHER SOURCES OF FUNDING FOR THE PLAN. 5. Discussion of other-Committee Matters You are encouraged to attend and present any comments you may have regarding these matters either verbally or in writing at the meeting. Also, if you would like to send your comments in writing, please send them to the Pierce County Council, Planning Committee, 930 Tacoma Avenue South,Room 1046, Tacoma, Washington 98402-2176. A public hearing regarding these Proposals will be held before the full Council at a date to be advertised. If you have any questions or concerns, please feel free to contact Cathy Sala at (253)798- 6695. OVER .nrnee on ecycce❑oa:.e Page 1 of 1 copy From: Ken Garmann <garmann@yelmtel.com> To: ceb@tac.deainc.com <ceb@tac.deainc.com> Date: Monday, March 22, 1999 11:24 AM Subject: rail road section Charlie, Here is your assignment is you should choose to accept. For our federal funding/match funding I need the following. 1) A nice rail cross section (typical). You must have one in file. The cross section will show ROW, sub-grade, rails, etc., If you have any questions call me right of way. Steve Day wants to take us to a Short Line Rail meeting next month, I will get you additional info in three days. Thanks, KLG 05/12/1999 Page 1 of 1 Fit OFAY)o v From: Ken Garmann <garmann@yelmtel.com> To: moorehb@wsdot.wa.gov <moorehb@wsdot.wa.gov> ®ate: Wednesday, March 17, 1999 4:25 PM Subject: STP/TRPC T-21 Brian, Here's the information on the "Yelm to Lakeview BNSF Branch Line" with our STP/TRPC T-21 Grant. Funding Allocation Total Match @ 15% Grant 1. P.E. $100,000 $ 15,000 $ 85,000 2. ROW 150,000 22,500 127,500 3. Const 150,000 22,500 127,500 $400,000 $60,000 $ 340,000 If you have any questions please call me at 458-4899. Thank you for your assistance on this matter. KLG 05/12/1999 Man ASSOCL17YON FOR 77ZANSPORTA77ON LAW, LOGIS77CS &POLICY 0 _7T7 ULU e o . 0 Seattle Chapter DUES INVOICE CALENDAR YEAR 1998-1999 Dues for the 1998-1999 calendar year are now due. Members - $25.00 Retired Members - $10.00 Please complete and return the bottom portion below with your payment no later than March 1, 1999 to: Association for Transportation Law, Logistics & Policy 525 'R' St. NE Auburn, WA 980 02 Dame ~ Title Company Mailing Address Telephone Fax E-mail S4�gTATION4o APPLICATION FOR� TEVIBERSHIP ,l rye ® Mr. ❑ Mrs. ❑ ix; Miss ❑ Ms. 0 Cy (Please Print) '® hereby makes application for membership in the Association for Transportation Law, Logistics and Policy. 1. Office address � Q (Job Title) (Company) 492 19564 Club House Road Montgomery Village,MD 20886 (Street or P.O.Box) (City) (State/Province) (Zip/Mail Code) (Telephone Number) E.DALE JONES Executive Director _ (301)670-6733 (FAX Number) (E-Mail Addrcss) 2. Home address Chief Elected Officers: (Street or P.O.Box) ALICE C.SAYLOR,Esq. President (City) (State/Province) (Zip/Mail Code) (Telephone Number) (202)331-8800 STEPHEN L.DAY,Esq. The information provided in this application is true and correct to the best of my knowledge. President Elect (206)292-9988 _ LOuisE A.RINN,Esq. (Signature of Applicant) (Date) Secretary (402)271-4227 DAVID H. COBURN,Esq. 3. Send mail to: ❑ Office ❑ Home 4. Check One: ❑ New Member ❑ Former Member Treasurer (202)429-8063 5. To qualify for membership in the Association for Transportation Law, Logistics and Policy you must satisfy DON R.DEVINE, Esq. one of the following categories (check appropriate box and provide corresponding information below): Vice President (303)433-6731 Membership Categories: ❑ A - Category 1A - Attorney MARK L.MADRAS,Esq. [3'B - Category 1B - Nonattorney(ICC/STB Practitioner) Vice President ❑ C - Category 2 - Nonattorney (416)86242.96 ❑ D - Category 2 - University/College Faculty WILLIAM P. McCuRDY,Esq. ❑ E - Category 3 - Student Vice President (302)774-1539 DAVID M.O'BOYLE,Esq. A- I was admitted to practice as an attorney at law by the Vice President (412)765-1600 Court(or other appropriate non-U.S.authority) MARY K_Rm-NoLD%Esq. Vice President on the day of 19 (310)845-1945 DAVID H.BAKER,Esq. B - I was admitted to practice before the Surface Transportation Board (formerly Interstate Commerce Past President (202)331-8800 ROBERT M.SPIRA, Esq. Commission) by certificate and order dated and am now a Past President member in good standing of the bar of that Board. (Not applicable to attomeys.) (216)781-4680 C - I participate either(1) in law, procedure or policy matters before an agency regulating transportation or(2) in legal, management or policy matters in the field of transportation and/or logistics. (Not applicable to JAMES F. BROMLEY, Esq. attorneys.) Editor in Chief (202)289-1133 1. List post secondary education including dates, and degrees if applicable: WILLIAM P.JACKSON,JR.,Esq. Chairman Committee on Membership — — (703)5254050 2. List previous work experience in the field of transportation,including(a)business affiliation,(b)positions held, and (c) dates of tenure: D - I am a member of the faculty.of a post secondary educational institution. List transportation or related subject matters taught: E - I am a student presently attending: 1. Academic institution you are presently attending: (Name of Institution) (Street or P.O.Box) -- _—_ �i;i;;)-- � - (Uuie)---• --- --- -- - -(Zip) (Telephone)+ -•--•---- - - - 2. Statement of interest in transportation law, regulation, or procedure: Qualifications For Membership Any attorney at law duly licensed to practice in.any jurisdiction, domestic or foreign, and any other person who has been certified by an examination found by the Executive Committee to satisfy proficiency standards of the Association may make application for membership in this Association. OR Any person who participates either (1) in law, procedure or policy matters before an agency regulating transportation or (2) in legal, management or policy matters in the field of transportation and/or logistics,and who meets one of the three following requirements may make application for membership in this Association: (1) An applicant must have completed two years (60 semester hours or 90 quarter hours)of post secondary educa- tion and must possess technical knowledge,training,or experience in the field of transportation and/or logistics which is regarded by the Association as the equivalent of two additional years of college education; or (2) An applicant must have received a bachelor's degree with at least 12 semester hours or 18 quarter hours in transportation, logistics or business; or (3) An applicant must be participating in legal, management, or policy matters in the field of transportation. OR Any person who is a member of the faculty of a post secondary educational institution on a substantially full-time basis and whose field of instruction includes transportation, logistics or related subject matters may make application for membership in this Association. OR Any person who is a full-time student and who submits a statement of interest in transportation law, regulation, or procedure may make application for membership in this Association, provided documentation of full-time student status is received at time of application. Membership benefits include subscriptions to the Journal of Transportation Law,Logistics and Policy and Association Highlights newsletter,and opportunities to participate in all educational programs. Annual dues are$95—$65 for government employees and university/college faculty and$25 for students. ATLLP's fiscal year runs from October 1 to September 30. Membership dues are prorated as follows: Applications received between October 1 and March 31, dues are$95;applications received between April 1 to September 30, dues are$50. Government employees, university/college faculty and student dues are not prorated. All applications must be accompanied by check drawn on a U.S. bank. Application and check, made payable to the Association for Transportation Law, Logistics and Policy, should be sent to the address shown on the front of this application. , , 1, "ku- l C•:,} .�J:, i; Y 7':Ar .t.;, S•;,so i S.. .;•s t y ,�s'sS', is ,x, _a i. �:. m. '.�,� -;�... r zz REGIONAL NEWS IT1' 2 LL. � :C DESK r X54 54 , R A M REPORT 1>, '1 • rl x r ,{ r '�'�. �-;�,� f.x'�r :�3..,-.'�S;-7�`1_�...a. '.§!-r.?„?v._ .. `�.;: :.>�� r n; ,s+. 'xs-- ,,r r f�{e. Oji �.7,t 1 .r., i>1 }•y: --✓ti•`r' e .a.� R"k•' i" -t 'nr.•:�''� ;"i'='`ii ai .,",_.:.: .,$.t aYf,l.�: :.;:,..,, (.,,.,1., .;..;,2 �..:::, ,.,�,� :_.t..,'. - s .!i '-�a TUMWATE . ,n �.+�� >r,L� .��;,: :-,: � ._ ..,.-;- •' :• :� t, 7 _ :; , .3 +,.,_ts�� '-. Suspect must.get T° rt'A� �. t r C i1 mental evaluation „ nilis " ti 1 t, 1 ' An�Olympa wotrian was =x 9,8 C ? h" 77 Thursday fora. mental evaluation after she.' t= allegedly tried to.rob a 'PACIFIC TRAFFIC I 2, I as the bestyvay.to avoid future. posal will.:come oiily affei ,- - • Tans az ''fiii zry. cri liri' traffic ams as the;; more detailed g e, a' arlor and;',; 4 �." V :v f4_ _,t - ..� r P.'P g ). �ltiinwateI; 1ZZ. ', :-.. - . ..' ,. ;:�.-.' _.. � '�'�_.;�?.°€ ..Yvi'ref.,�.� ??,,': .x'�,, -��<�:^� )..... , p p: :Roundabouts once <<� � ., -. ;. - x . ..., -^ i �Yi tsm0fn #oaiUaSIkh a3ntael?aoto vePt�a :continues to:; _ shed andafter public npu fought off a police officer ri• = z n� 3� ,community, :=:Has been athered i5 :7The 47= ear-old.woman=.; .t11011411t t00_ey�enslve; ,. rid ce pule�rartl`'�n u a x. .�. -�, ;.,ifi ..,-� `� `��' t ',-.rapidly'grow- '. _ +,, g, _ Y Y g: o v° 4?�v a:.•3� :3. ,3 t "' `� ` t �• " • ' " -, `'` � " r time,�engineers be Though traffic engineer Pay alked.into Pizza_Hut at.., ,are now deemed.less `_ �4:� t�4 w�� :� � �� ..� � -� � �� '•tlt;the Jnr ,..� 5310:capitol Blvd: S E at,`, h'"¢ o e lievedtliat-roundabout inter"";: 1VIcGtiri and public works di; about 5:15,p.m:,and pleas COStly t111T1 S1g1111S z t sections on Pacific would be rector Dennis ltifter:aze,excitec antl `asked"for the mons F << ' "• ix,,Ftoo expensive to build. xabout Ahe ,plan:y;THey;saic Y: Y By Larry Miller _ ; from.the cash,registers,said l he Olympian b+^h 'r ' m J,,,$ut;on Thursday,,the public much rests:on the cooperatio Tumwater.. ohce,Lt:$teven :hACEY:=AS^art of:ari am `J� .:o- - . ?;works staff told-the council of the,;Burlington,Northerr Posthuma -=4, ,;,. :: >bitious ro ecttoxehev'e con r:' : 4 � ,. they'nqw believe;a one-way ..: ailroad.;eoth roundabout, 1�. ] . .. . - :- ... r„ w° . ... % ..;, �ti `4 5.��`�,-� ,. ..-. --1.-', g Workers i ored her until ; esttoiron Pacific:Avenue.ci p o i`:. : � , couplet w�nth roundabouts at: would be built aroundBurlin }' e,Rm .. q ., :each end will work::better aiid aon;Northern,tracks;Te- uirin she',got bloud,she dis r off cials,a are`coxisidenng ,:, � ..,.. _. `` � .. . _. x q f "•ga - om 01 m }an : cost less than'the•.srgnaledAn - the.eity,toaddtraffic gates an( {urbed ,.oust e d convertor twcl..bus qwn Ya_,.*,: Y,.P i a.Y , ,} :Sharon:.ones,restaurant;,; _F. ''in ections mto:round ;;, tersectrons ui ttie original plan signals..aiid,purchase righfs_o town tern ._ _ _ 8 1,. :`# :z7S '4•,--T•• +,;, d'6acs.:'; r r, `: u,.4$_r• r .., :::.: -- �nes.tOld',� '`" .r rzd 3, ��'}: i -= . 1 ar and` art of : •.. estern:urrctioixwithLace The council was-rece tiveto. _ wayfromtherailroad nanager.When,,Jq . _f., s,�abouts y €�. � � Lacey;Bou eq p, N'„ ] ,y. P F ' oulevard Q hi alis o ation *5..,._Th eriot' cited boy i e w c tr rt e w - xh ex �womanahe.'ills were.::, .;�-s:Lower cost s' `,��•' new life h'Pacific Avenue rnto;a;one wa �;Y. _, „•�l, ., .�, �.�.,,;(.j��'�i � P.: �i. ..,:.. Y,�' ,� � .. f, !4ig .._ _ _,... ,..,,... , ., - Y�. _ Y: ?"531 .r`9'.�'`r'�"�.f.•`-, .��h +:ALL.: r,. k. :r:.< .. •r.:,..•. A •,, 9+..n.; - s c ,J,. 5 : ..:ml ,'.....•.5:.. .V d L, ,-.,.t,- +:, .r'U:: t'.. G, ,M.. : +:"Jd. r q a '{ '' Boulevard ,:En ineers ci officials;aticl t`En ' em ,ahe.womanieft `to>theroundabout idea:;, :coup let:= Lace ,._.- _ _t3'. gineers'aredevelopiigv�nth', tanotherconfrohedjcrossing „.. r :. w A- olic officer fqund the;'r , the w"ul :ru eastbo-und'.from . .m of :the : esidents;and the ,_p,,1of,a Florida based 1VIcGuin said:But rains ttiti of P. a .,.In March of last year, o d ny ' woman standm neaz a. a "c" a roveda• -Golf= lub Road-.w►nth;Pacific =_6 iness;owners ho will beu p�int)ab out consultant.For-. that spur only once eve three g P X.;. T ace Ci Co it G. .. .; ,.. "' ' .. Y ;t3' PP, F ,..d�iinn .': ; . hone dt'd' azb :conve ; E ,:, ' ro osial o:-F-66 "'t xiiost of 't•runnui Westbound:;from its _l:affected endgrsecl;the4 oil les ate,_pricilact on,on,thepro . weeks,on aturd zunt4de ,� e ,�' .t.. M:..: •r w' < ..., z .ry ~:<:�: r. •...�'�; _x.�,..,..t'^`�' �,.,y<. 1 .,a �•� - � Y^w,;#s nience store. The-.woman..:: x , ,>r. i : ,:;• s^ wµ: .. n , �, , ..._.. .: ,., r.., ,. .. _e. � . _o... .:. Y -..f„-V-.. ., y� a:' ;:': -1,+u ,. ,^�;: ... F,{; 1 :.t -.:,:'^ :s ., > a ,"rte { w.'Ffc:..e h.. ,n• 1Fi ,.�Yr`•.� tkt 'i ohnna Stevens:resin�t a .:.h „O Y.�c,:§_t•., 5,� C�,,.,.I�:4 ua i{+s 1 l''• H✓ t ♦ , t - k-, r 1 .k: :°'r,y fY r whOSe'�name waS,nOt d1S..'s -:� �,.§,� .:�� :t.., �, � z _ ':,. r b r,..^t�..... ........kx•.�sv ,�:a.r1,.- r� r .�t; R closed,was being evaluated a Proiddeiicq t,"PeterHos� p�tak 3n Ol Mpia.' ��.!v t OLYMPIA ; S4}, C O, t F . 'L3?_`rea 'a P694blympra has, `' .�•�: M�', �..: i tr6.,nhnrl o'inocn��.*,•oo,.,on+� t � t�..� ., c 04/29/1999 18:06 360-"- -8501 WILLIAMS/P.r-" PAGE 01 WILLIAMS BROADCASTING, INC 701 Prairie Park Lane.Suite J P.O.Box 5210 Xehn,Wa 98597 (360) 459-SM ®� FAY(360)458-8501 Date: Number of pages including this one--3-- Remarks- --------------------------------------- --- neRemarks- f --------------------------------------- ---------- ---------------- ,----- 04/29/1999 18:06 360- '-'-8501 WILLIAMS/P.r-'' PAGE 02 Memorandum To. hail Aftbory lqommittee Members From:Joe Williams Re: Progress on Roy to Yelm Lane Acquisition Date- 4/29/99 Ken Garmann has spoken with Burlington Northern Santa Fe and they are interested in selling/gifting the line between Roy and Yelm onlY. A meeting has been scheduled to discuss this on Tuesday,N y Diem 4:00 PK tray office in the Prairie RoteL Please review the attached list and submit any additions or corrections. f i 04/29/1999 18:06 360- `---8501 WILLIAMS/P.I PAGE 03 Rail Advisory Committee— "The Pir$irie Line" Joe WiNams—Committee Chan Ken Garmann—Ex Officio Member Williams Broadcastin�Inc. Public Works Director 701 Prairie Parr Jane,Suite J City of Yelm P.O.Box 5210 P.O.Box 479 Yelra,WA 98597 Xelm,WA 98579 Phone;(360)458-8533 Phone:(360)458-8499 Fax: (364)458-8501 Fax (360)458-4348 Mayor Kathy Wolf—Committee Co-Chair ChaMe Burnham-Consultant Cit,of Yalm David Bvaus&Associates PD.Box 479 3700 Pacific Hwy E.,Suite 311 'helm,WA 98597 Twoma,WA 98466 Rhone: (360)458-8401 Phone:(2S3)922-9780 Fax (360)4584348 Fax; (253)922-9781 i Councilman Glen Cunningham Steve Day-Consultant Cunningham Construction Betts,Patterson&Mines,PS P.O.Bax 2005 Soo Financial Center,1215 Fourth Ave. Yelm,VSA 98597 Seattle,WA,981611090 Phone: (360)789-9771 Phone:(206)292-9988 Fax; (360)45$-4348 Fax: (206)343-7053 Larry Sehorno Cecelia Jeoldns—Committee Secretary Retired Businessman Yelm Area Chamber of Commme 18217 Hwy 507 SI; P.O.Box 444 Yp4m,WA 98597 Yelxa,WA 98597 Phone! (360)458-7863 ftone:(360)458-6608 Fax: (360)458-4307 Fax: (360)458-8301 Mayor Joel Dere.)-teld Executive Committee: doe Williams City of]Loy Mayor Wolf P.O.Box 700 Mayor Derefiield Roy,WA 98580 ]'hone:(283)843-1113 f Fax: (253)843-0279 Budget Committee: Mayor Wolf i Mayor Derefileld Barrie Wilcox ]Larry Schorno Wilcox Farms 40400 Harts Lake Valley Road Standards Committee:Lisa Kitdsby Roy,WA 98580 Barry Wilcox )Phone;(360)458-7774 Glen Cunningham Fax- (360)458-6950 Li'm Kitthby Miles Sand&Gravel P.O.Box 130 Auburn,WA 98071 Phone: (253)833-3700 Fax: (253)833-3746 I STA 6 SERVICE DATE APR - 81999 1889 STATE OF WASHINGTON WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION 1300 S. Evergreen Park Dr. S.W., P.O. Box 47250 • Olympia, Washington 98504-7250 (360) 753-6423 • .TTY (360) 586-8203 April 1, 1999 APR 0 3 ;.�!a p NOTICE OF OPPORTUNITY TO FILE WRITTEN COMMENTS (April 30, 1999) NOTICE OF WORKSHOP , (May 27, 1999) RE: Railroad Company Operations Rulemaking Chapter 480-62 WAC Docket No. TR-981102 TO INTERESTED PERSONS: The Washington Utilities and Transportation Commission is considering amending or repealing rules contained in Chapter 480-62 WAC in accordance with Executive Order 97-02. That order requires agencies to review significant rules against specified standards, including: 1. Do the rules comply with authorizing statutes? 2. Are the rules written and organized in a clear and concise manner so they are readily_understood by those to whom they apply? 3. Are the current rules obsolete, duplicative, or in need of repeal? 4. Do the current rules provide the results that they were originally intended to achieve? The rulemaking process will also review and determine whether there is a need to add rules concerning: 1. Reporting requirements regarding notification of: Any railroad company activity that will affect a surrounding community; DOCKET NO. TR-981102 Page 2 Company ownership changes and related information; Remote control train operations; Company time tables, bulletins, and notices; and, Identity and contact information of railroad police; 2. Identifying Commission processes; 3. Blocking crossings; 4. Identifying specific maintenance requirements and standards regarding: Crossing surfaces; and, finals and circuitry; 5. AdeVti�y�ing.aspecific safety and operating rules regarding: + , 3 and logging railroads; Commuter Track motor cars and related on-track equipment; and, Post-accident drug and alcohol testing; 6. Identifying specific procedures when considering petitions to implement whistle bans; and, 7. Improving the process for filing petitions for grade crossing improvements. The Commission will also consider adopting by reference applicable portions of: 1. USDOT Federal Railroad Administration regulations; 2. USDOT Federal Highway Administration regulations; and, 3. Railroad company General Code of Operating Rules (GCOR). Interested persons may also request the Commission consider other related issues. Please respond with your suggestions, comments or questions in regard to the proposed rulemaking or any part of this letter no later than April 30, 1999. Please submit your comments to: Secretary, Washington Utilities and Transportation Commission, P.O. Box 47250, Olympia, Washington, 98504-7250, (360) 664-1160, or e-mail <records@wutc.wa.gov>. Please refer to Docket No. TR-981102 in your communications. NOTICE OF WORKSHOP. The Commission has scheduled an initial workshop to discuss Chapter 480-62 WAC. The workshop will be held in the Commission's hearing room, Room 206, at 1300 S. Evergreen Park Drive S.W., Olympia, WA on Thursday_, May 27, 1999 beginning at 9:30 a.m. DOCKET NO. TR-981102- Page 3 NOTICE If you do not wish to comment at this time, but would like to receive future information regarding this rulemaking, please notify the Secretary in a manner referenced above and request to be included on the Docket No. UG-990294 mailing list. Questions regarding this rulemaking docket may be addressed to Kim Dobyns, Regulatory Services, at the above address, (360) 664-1242, or e-mail at <kdobyns@wutc.wa.gov>. Sincerely, CAROLE J. WASHBURN Executive Secretary Enclosure Iy STA��AQ PREPROPOS;:°�,�_ ,STATEMENT OF INQUIRY (RCW 34.05.310) CR-101 (7/10/97) Do NOT use for expedjtRc��rgpEeaDATE adop (; Agency: WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION APR — 8 1999 Subject of possible rule making: Rules relating to railroad company operations. The Commission will review provisions codified in chapter 480-62 WAC to consider whether existing rules should be modified or repealed. In addition,the Commission will consider new rules requiring notification of: any activity that may affect a surrounding community; company ownership changes and related information; remote control train operations; and, company time tables, bulletins, and notices. The Commission will also consider new rules concerning: blocking crossings; maintenance and standards regarding crossing surfaces, crossing signals and circuitry; safety and operating rules regarding industrial railroads,commuter rail,and track motor cars; and,whistle ban procedures and petitions for grade crossing improvements. The commission will also consider adopting by reference, applicable portions of the Federal Railroad Administration and Federal Highway Administration regulations and railroad company General Codes of Operating Rules(GCOR): Related issues brought up by stakeholders may also be considered. Docket No.TR-981102 (a) Statutes authorizing the agency to adopt rules on this subject: RCW 80.01.040, RCW 81.01.010, RCW 81.04.160, RCW 81.53.420,and RCW 81.61.020 (b) Reasons why rules on this subject may be needed and what they might accomplish: 1) Executive Order 97-02 requires agencies to review.significant rules against specific standards identified in the order. This includes reviewing whether current rules provide the results that they were originally intended to achieve and whether the rules are consistent,with laws.-and - with appropriate and lawful policies. 2) Technological advances and changes in railroad company business practices have resulted in a need to explore whether federal standards and safety rules should be adopted;whether new reporting and notification requirements are appropriate;whether the commission's process for company petitions can be streamlined; and whether rules are necessary to establish procedures for considering petitions for whistle bans. New rules may be needed to protect the public welfare and safety. i (c) Identify other federal and state agencies that regulate this subject and the process coordinating the rule with these agencies: The Federal Railroad Administration,Washington State Department of Transportation, Washington Department of Labor and Industries and the Washington Military Department may have parallel or overlapping - jurisdiction.,Staff will work directly with these agencies and consider these agencies'rules and laws to ensure consistency where appropriate. , (d) Process for developing new rule (check all that apply): ❑ Negotiated rule making ❑ Pilot rule making X Agency study X Other (describe) The Commission will call for initial written comments, and will provide the opportunity for interested persons tp make additional comments throughout the rulemaking process. The Commission will schedule one or more workshops with the representatives of affected constituencies and other interested parties in a manner designed to develop consensus regarding any rule proposal. (e) How interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication: (List names, addresses, telephone, fax numbers of persons to contact; describe meetings, other exchanges of information, etc.) SEE ATTACHED. CODE REV 9. VSE ONLY ys tL i 1 h4 =f Std J b - NAME (TYPE OR PRINT) t Carole J. Washburn £ <: l .....:.. ... .... SIG URE :....... ... .:?' TITLE DATE Secretary March 31, 1999 R r a' R" 9� WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CR-101 - ATTACHMENT DOCKET NO. TR-981102 (e) Interested persons may contact the Secretary, Washington Utilities and Transportation Commission, P. O. Box 47250, Olympia, Washington, 98504-7250, 360-664-1174 (Fax: 360-586-1150). Such persons may submit comments, as specified below, or may ask to be included in the Commission's list of interested persons for the proceeding. WRITTEN COMMENTS Written comments in response to the CR-101 from persons interested in the subject matter of this proposed rulemaking may be filed with the Commission Secretary, referencing Docket No. TR-981 102, not later than April 30, 1999. All commenters are asked, but not required, to file an original and 10 copies of their written comments. The Commission also requests, but does not require, that comments be provided on a 3'h inch IBM formatted high-density disk, in WordPerfect version 51 ., 6.0 or 6.1 , labeled with the docket number of this proceeding and the commenter's name and type of software used. The Commission may offer additional opportunities to provide written comments. Interested persons may file additional written comments in response to any such invitation. Interested persons may also attend and participate in the workshop described below and in any other workshop or opportunity for written comments that may be scheduled or provided. The Commission will provide written notice of any additional preproposal workshops to all commenters and to any other persons specifically asking to receive notice in this rulemaking proceeding. NOTICE OF WORKSHOP A workshop will be held on May 27, 1999, beginning at 9:30 a.m., in the Commission's Hearing Room, Room 206, Second Floor, Chandler Plaza, 1300 S. Evergreen Park Drive S.W., Olympia, Washington. The Commission's teleconference bridge line will be available for this workshop. A limited number of teleconference ports will are available and will be assigned one to an organization, on a first come first served basis. Persons wishing to attend via the teleconference bridge line must contact Jennifer Watsek at 360-664-1139 no later than 5:00 p.m., May 25, 1999. Questions may be addressed to Kim Dobyns at 360-664- 1242 or e-mail at <kdobyns@wutc.wa.gov>. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION CR-101 - ATTACHMENT DOCKET NO. TR-981102 NOTICE TO CONTINUE RECEIVING NOTICES AND INFORMATION ABOUT THIS RULEMAKING--The Commission wants to ensure its mailings are sent to persons who are interested in the topic and want to receive that information. ANY PERSON WHO COMMENTS will continue to receive notices and information. If you do not submit comments but wish to remain on the mailing list for this rulemaking,please advise the Records Center by any one of the following methods: (1)send a note with your name,address(or a copy of your mailing label),and telephone and fax numbers referencing Docket No.TR-981102,and the words "Please keep me on the mailing list';or(2)E-mail your name,address,telephone and fax numbers,referencing Docket No.TR-981102,and the words "Please keep me on the mailing list"to recordsawutc.wa.gov. Please note that all information in the mailings will be accessible through the Commission's Internet web site at<httn://www.wutc.wa.gov/>. THOSE PARTIES WHO DO NOT RESPOND MAY NOT RECEIVE FURTHER MAILINGS OR INFORMATION ON THE RULEMAKING. _ �cn DAVID EVANS AND ASSOCIATES, FILE COPY 3900 Pacific Highway East Suite iii March 30, 1999 Tacoma, Washington 98424 Mr. Ken Garmann Tel: 253.922.9780 Public Works Director Fax: 253.922.9781 City of Yelm PO Box 479 Yelm,WA 98597 SUBJECT: CITY OF YELM PROJECTS Dear Mr. Garmann: Thanks for meeting with Charlie Burnham and me today. The potential road improvement projects that you discussed were very interesting. David Evans and Associates,Inc. (DEA)is very interested in working with you on the design of these projects. We are capable of completing all aspects of this type of project with DEA staff. We have survey, geotechnical, environmental, and civil engineering capabilities with expertise in municipal road design:<.- I was very impressed with the work that you have already done and your ability to capture funding for your existing project. Your ability to work successfully with local property owners to mutually develop a road project is somewhat unique in this day in age. We sincerely hope that you will receive funding for the next phase of your project. We believe that we have a great staff that could provide you with excellent consultant engineering support for the next phase of your project. It was a pleasure to meet you and we look forward to working with you and the City of Yelm in the future. Sincerely, DAVID EVANS AND ASSOCIATES,INC. N� Randy A.An on Engineering Manager RAA:jbh P:\d\deax003 0\99077.1tr DEA-XG030 OutstandingI 1 OutstandingGLOBAL D@N ALLIANCE APR-05-1999 11:56 P.01 Law Offices BETTS PATTERSON &MINES, Ps 800 Financial Center 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206-343-7053 Stephe>� ay Phone.: 206-292-9988 entail, sday®bp aw.com Ir'AX COVER SHEET TO: Mr. Ken Garmann FAX NO. : 360 458-4348 OF: City of Ye- FROM: eFROM: Stephen L. Day OUR FILE: 578.,.^ 20001 RE: CitV Qf Yelm Purchase of BNSF Branch NO. OF PAGES (INCL. THIS PAGE) : 2 DATE: 4/5199 Please call (206) 292-9988 (Ext. 557) if you do not receive any of these pages or if there is a problem. PLEASE DELIVER Ilii IATELY: (_) NOTE: Please see attached Nisqually Valley Nadu 4/2/99 clip THE INFORMATION CONTAINED IN THIS FACSIMILE COMMUNICATION IS PRIVILEGED AND/OR CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS COVER PAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION OR. THE INFORMATION CONTAINED HEREIN IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE (206) 292-9988, AND RETURN THIS FACSIMILE TO US AT THE ABOVE ADDRESS VIA U.S. POSTAL SERVICE. THANK YOU. /040599/1146/57820001 APR-05-1999 11:56 P.02 Trews AoS 109 tiff VL 'if? • � I�•wa ' v . . committee.", members.. announced: The members of the Rail Advi- sory Committee,which will offer advice on the use, operation and development of the.Prairie Line Railroad, were announced at the March 24 meeting of the Yelm City Council Those named to the committee by Yelm Mayor Kathy Wolf are Yelm City Councilman Glen Cunningham, Yelm Area Cham- ber of Commerce President Joe Williams and Larry Schorno,past president of Schorno Agri-Busi- ness. Williams also was named committee chairman. Those named by Roy Mayor Joel Derefteld, meanwhile, are Barry Wilcox of Wilcox Family; farms and Lisa Kittilsby, vice president of Miles Sand and! Gravel Co. Kett Gar niann, Yelm's public works director, said the commit- tee will meet for the fust.time' sometime in April.Meetings Mll be open to the public,he said. Local politicians, civic leaders and business people hope acqui- , sition of the 17-mile abandoned rail line between Yelm and Lake- wood, owned by Burlington , Northern Santa Fe,will make the . area more attractive for industrial developers and Current business- es. Negotiations to acquire the line were initiated in December by Garmann, who wrote a letter to BNSF requesting a formal re- sponse by Dec. 30. Garmann, who sent a third letter March 26, said there have been "vigorous" discussions with BNSF officials, adding that negotiators have been "shaping"a deal. TOTAL P.02 APR-05-1999 11:22 P.01iO4 Law Offices BETTS PATTERSON &MINES, Ps 800 Financial Center 1215 Fourth Avenue.. Seattle,Washington 98161-1090 Fax: 206-343-7053 Phone: 206-292-9988 FAX COVER SHEET TO: Mr, Nen Garmann FAX NO. : (360) ...458-4348 OF: City of Yelm FROM: Stephen L. Day OUR FILE: 57820001 RE: City of Yelm - Putrchase of BNSF Branch NO. OF PAGES (INCL. THIS PAGE) : 4 DATE. 4_15199 4(.& Please call (206)292-9988 (Ext. NW) if you do not receive any of these pages or if there is a problem. PLEASE DELIVER IMMEDIATELY: (_) NOTE: Attached is a bcc of materials faxed to Joe Williams and to Charlie Burnham THE INFORMATION CONTAINED IN THIS FACSIMILE COMMUNICATION IS PRIVILEGED AND/OR CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS COVER PAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION OR THE INFORMATION CONTAINED HEREIN IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE (206) 292-9988, AND RETURN THIS FACSIMILE TO US AT THEABOVE ADDRESS VIA U.S. POSTAL SERVICE, THANK YOU. /040599/1051/57820001 APR-05-1999 11:22 P.02iO4 Most current Relevant Legislative Proposal Senator Kay Bailey Hutchison(R-TX)introduced S.747,the Surface Transportation Board Reauthorization and Improvement Act of 1999, on Thursday,March 25. As chairman of the Senate Subcommittee on Surface Transportation and Merchant Marine, Sen. Hutchison is a key participant in Surface Transportation Board(STB) reauthorization and rail reform legislation. Of course, S.747 was almost immediately attacked by the Association of American Railroads. AAR President Ed Hamberger issued a release saying the bill would, "substantially re-regulate the rail industry." Shipper groups,including the National Industrial Transportation League(NITL) expressed a more positive view of the legislation, saying it is a timely effort to remedy the abuse of railroads' monopoly power while maintaining the strengths of rail deregulation. Important Shortline Issues In the Bill: • Promotion of competition within the rail industry—it directs the STB to emphasize competition in policy decisions by adding a new paragraph to Rail Transportation Policy"to encourage and promote effective competition within the rail industry," and another paragraph"to discourage artificial barriers to interchange and car supply which can impede competition between shortline, regional, and Class I carriers, and block effective rail service to shippers." • Clarification of STB Authority to grant temporary access relief—Gives the Board authority to grant temporary relief under Sections 10705 and 11102, in addition to the authority existing under Section 11123 of the Revised Interstate Commerce Act_ • Bottleneck rates—Requires a bottleneck carrier to quote a rate on the bottleneck portion of a movement when a shipper gets a contract with an alternative carrier for the remaining portion, and there is no reasonable alternative route without the bottleneck carrier, unless the bottleneck carrier shows that either: (a). The interchange is not operationally feasible; or(b). the through route would, "significantly impair" the bottleneck carriers' ability to serve its other traffic. It also would limit bottleneck rate complaints to thoseportions not covered by contract. 00her Important Provisions: • Changes in railroad revenue adequacy policy by specifying that such revenues are,to insure appropriate rail infrastructure. "Revenues, as determined by the Board"is replaced with"Revenues," effectively eliminating the annual process by which the STB calculates"revenue adequacy"; it also establishes a 3-member panel of outside experts to recommend within 270 days an appropriate methodology by which to consider revenue adequacy. • Extension of the time limit on emergency service orders—Initial 30 day period extended to 60,and two extensions(up to 180 days each)to the initial 240.-day period. APR-05-1999 11:23 P.03iO4 • Procedural relief for small rate cases—Limits discovery and requires the Board to review the rules and procedures for small rate complaints, identify burdens and take action---through rulemaking or notification of the relevant Congressional committees if legislative action is required. • Codification of the recent STB decision to eliminate consideration of product and geographic competition in market dominance cases. • Simplified dispute resolution—Requires the Board to promulgate regulations, within 180 days after passage, adopting a simplified dispute resolution mechanism, apparently for non-rate issues_ Decisions would be private, not precedential; binding and enforceable, but subject to appeal before the Board, with Board decisions de novo. • Promotion of competitive rail service in merger cases—The Board would be required to consider in rail merger cases how to, "encourage and expand competition," and may impose merger conditions to encourage and expand competition between and among rail carriers in the affected region or the national rail system, if the conditions do not cause substantial reductions in the benefits of the transaction to the affected carriers or the public. APR-05-1999 11:23 P.04iO4 Law Offices BETTS PATTEI?SON &MINES, Ps. 800 Finamial Center 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206-343-7053 Phone; 206-292-9988 f FAX MESSAGE TO: Jae Williams Fax#: (360) 458-850.1 Yelm Area Chamber of Commerce TO: Charlie Burnham Fax#: (253) 922-9781 FROM: Stenhen L. Day Our File #: 57820001 RE: City. .of_Yelm - Purchase of BNSF Branch DATE: 401.9. NO. OF PAGES INCLUDING THIS SHEET: 3 if you do not receive all pages, or if there is a problem, please call (206) 292-9988, ext. 557. Our fax number is (206) 343-7053. DELIVER URGENTLY (_) NOTE: Please see attached THE INFORMATION CONTAINED IN THIS FACSIMILE COMMUNICATION IS PRIVILEGED AND/OR CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS COVER PAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION OR THE INFORMATION CONTAINED HEREIN IS. STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE (206) 292-9988, AND RETURN THIS FACSIMILE TO US AT THE ABOVE ADDRESS VIA U.S. POSTAL SERVICE. THANK YOU. o . /040599/1053/57820001 TOTAL P.04. History Page 1 of 6 BNS. Histo rYF IL Afty .. V Burlington Northern Railroad M While its predecessors number more than 330 and date back as early as 1849, Burlington Northern Railroad (BN) was created on March 2, 1970, by the merger of four primary railroads: Chicago, Burlington& Quincy Railroad Co. (CB&Q); Northern Pacific Railway Co. (NP); Great Northern Railway Co. (GN); and the Spokane, Portland and Seattle Railway Co. (SP&S). It is interesting to note that GN's first president, James J. Hill, attempted to merge GN and NP in 1893, only to have the merger denied by the U.S. government. In 1901, Hill again tried to merge the two railroads, this time with the CB&Q, but was turned down a second time. In fact, these railroads tried to merge four times (1893, 1901, 1927, 1961) before finally receiving ICC approval. Later, in 1980, . the St. Louis-San Francisco Railway Co. (Frisco) was acquired and merged into BN. Each of BN's predecessor railroads played an important role in developing the American west and each has its own rich heritage. Hundreds of books have been published chronicling the colorful history of a number of these railroads, and some of, the highlights are presented here. CB&Q: Oldest, Largest of the BN Predecessor From its humble start, it is unlikely that any of the Aurora, Illinois, businessmen founding the Aurora Branch Railroad in 1849 could have envisioned their fledgling corporation evolving into Burlington Lines -- largest of BN's constituent companies with nearly 10,000 miles of track extending from the Great Lakes to the Rocky Mountains and from Montana to the Gulf of Mexico. The Aurora Branch was laid with secondhand strap iron spiked to 12 miles of wooden rails, obtained from the Buffalo &Niagara Falls Railroad at a bargain price after the New York legislature outlawed their use. On September 2, 1850, the first train chugged its way over six miles of newly-built line from Batavia to Turner Junction(now West Chicago). Progress over the next decade was rapid. By 1864, the railroad had 400 miles of track all in Illinois -- and adopted.the name Chicago, Burlington& Quincy Railroad Co., which properly described its trackage stretching to Burlington, Iowa, and Quincy, Illinois, on the Mississippi River. http://www.bnsfcom/about—bnsf/html/history.htrffl 4/6/99 History Page 2 of 6 CB&Q's rapid expansion after the Civil War was based on sound financial management, dominated by John Murray Forbes of Boston, who was in turn assisted by Charles Perkins, president of the company from 1881 to 1901. The railroad eventually reached Denver, its western terminus, and reached east to the Chicago, Kansas City and St. Louis gateways. CB&Q lines also went to Omaha, Nebraska, and St. Joseph, Missouri. Always anxious to employ the latest technology, CB&Q operated the first printing telegraph in 1910, and in 1915 was the first railroad to use train radio. Later, in 1927, the CB&Q was one of the first to utilize centralized traffic control. Perhaps CB&Q's best known achievement took place in 1934, when the railroad introduced the Pioneer Zephyr, America's first diesel-powered streamlined passenger train. On May 26, the CB&Q staged one of the greatest transportation events ever -- a 1,000-mile record-breaking, non-stop run from Denver to the World's Fair in Chicago, reaching speeds of more than 100 miles per hour. The Zephyr was the forerunner of thousands of diesels which, after World War II, replaced steam locomotives on virtually every railroad in the country. 4� orthern Pacific: First Northern Transcontinental On July 2, 1864, President Abraham Lincoln signed an Act of Congress creating the Northern Pacific Railroad Company. It would have its eastern terminus at Lake Superior and its western terminus at Puget Sound. Much of its route was to follow the route of the famed 1804- 1806 Lewis and Clark expedition across the unchartered West. Financing for the new railroad did not come about for several years, and it was not until 1870 that groundbreaking took place near Duluth, Minnesota. First stirrings of activity on the west end of the projected transcontinental began at about the same time. By 1883, only 300 miles remained between the two railheads. Completion of the first of the northern transcontinentals was the signal for a lavish celebration at Gold Creek, Montana Territory, where tracks from the East and the West were joined on September 8, 1883. The ceremonial "last spike" was driven by former President Ulysses S. Grant and Henry Villard, president of the NP. It was the same spike used 13 years earlier to mark the beginning of construction in Minnesota. Less than seven years later, the entire tier of northwest territories had sufficient population to join the Union. The growth and ultimate admission of these states into the Union tell a graphic story of the part played by NP in the settlement and development of the http://www.bnsf.com/about bnsf/html/history.html 4/6/99 History Page 3 of 6 Northwest. In 1901, the NP and Great Northern jointly purchased the CB&Q, providing the two lines with direct access to Chicago and the markets of the Midwest and South. Shortly afterward, the NP and GN joined again in constructing the Spokane, Portland and Seattle Railway, its almost 1000 miles of main line serving productive areas of Washington and Oregon. �.�Ito rye = Great Northern: James J. Hill's Great '�a,ur'+P1 dventure The epic completion of Great Northern Railway's transcontinental line to the Pacific in 1893 and the creation of BN some 77 years later were in a very real sense the fulfillment of one man's dreams. That man was James Jerome Hill, "The Empire Builder." GN was begun in 1857 as the Minnesota&Pacific Railroad Company when the Minnesota legislature, eager for rails in its territory, granted a charter to "construct a railroad in the direction of the Pacific." In 1862, the St. Paul & Pacific Railroad Company acquired the rights to the railroad after they had been forfeited to the state. The St. Paul &Pacific ultimately died the same death, and after foreclosure in 1879, the properties were reorganized as the St. Paul, Minneapolis &Manitoba Railway Company, with St. Paul businessman James J. Hill its general manager. The expansion of the railroad in Minnesota and into Dakota Territory continued at a steady pace, and by the close of 1885 the system of main and branch lines had grown to 1,470 miles. It has been said of other sections of the West that they were settled from the ox cart; "Hill Country" was settled from the boxcar. Hill laid his rails first, then labored tirelessly to create traffic for his trains. The success for his plans depended upon quick and sound colonization. Having sold his country, it was up to him to "make it good" after the settler moved in. So he started showing the farmers how to improve their methods, and became an authority on agriculture in the process. Hill was an advocate of soil diversification; he introduced improved strains of seed; and he established experimental farms. The formula enabled Hill to expand his railroad's mileage rapidly without land grants or government subsidies of any kind, other than the original grant of the Minnesota& Pacific. In September 1889 the name of the railroad was changed to Great Northern Railway Company. At the close of 1892, only a seven-mile gap remained in what was once referred to as "Hill's Folly." On January 6, 1893, in the towering Cascades near Scenic, Washington, the final spike was driven, and GN became the second railroad to link Puget Sound with the upper Midwest. In 1896, Hill, who became known as the "Empire Builder" because of his ability to create prosperous businesses, negotiated an agreement http://www.bnsfcom/about—bnsf/html/history.html 4/6/99 History Page 4 of 6 with Nippon Yusen Kaisha, then the largest steamship line in the Pacific, resulting in the establishment of service between Seattle and Oriental ports. It was a bold challenge to the established commerce between Europe and the Orient, and marked the beginning of Seattle's ascendancy as a world port. GN, through the years to the merger that created BN, continued to earn recognition as one of the preeminently progressive railroads in the nation. CSpokane, Portland & Seattle: "The Northwest's Own Railway" The SP&S was chartered in Washington state on August 23, 1905, and soon was controlled by NP and GN, each with 50-percent ownership. The main line between Spokane and Portland became operational in May 1909 and served as a vital GN and NP link between its namesake cities. Frisco: Battler and Survivor The story of the St. Louis-San Francisco Railway Company -- known to its mid-South neighbors as Frisco -- is a narrative of battles against long odds and of adaptation to changing circumstances. The Frisco was chartered in 1849 as the Pacific Railroad of Missouri, when discovery of gold at Sutter's Mill in California fanned America's long-smoldering desire for a connection with the markets of the Orient. Construction began in 1855, but bogged down until the Civil War ended. In the meantime, marauding bands of bushwhackers and jayhawkers that terrorized much of Missouri during the war did considerable damage to the railroad. As a result, it went bankrupt. In 1886, the southwest branch of the Pacific was purchased by the St. Louis-San Francisco Railway. Cherokee Indians successfully blocked survey and construction work on the line, dashing the dreams of a transcontinental railroad. Although it remained unable to complete its line through Indian Territory, Frisco was able to extend its trackage to Sapulpa, west of Tulsa, in the 1880s. After the turn of the century, Frisco completed its line through Kansas and Oklahoma, and into Texas. In 1901, it moved into the Southeast. The Frisco finally fulfilled a long-awaited dream of constructing a link to the Gulf of Mexico in the 1920s, only to plunge into bankruptcy after the Great Depression. The railroad struggled through the grim years of the Depression by abandoning much of its branch lines, and was there when the nation called on it during World War II. Closing of the East Coast sea lanes by German U-boats put oceans of Texas and Oklahoma oil onto Frisco rails for movement eastward. When BN acquired the Frisco in 1980, it added not only a strategically located railroad, but a proud tradition as http://www.bnsf.com/about—bnsf/html/history.html 4/6/99 History Page 5 of 6 well. p Atchison, Topeka and Santa Fe Railway ti Unlike BN, the Atchison, Topeka and Santa Fe Railway name remained virtually intact since 1863, with only a minor change from "railroad" to "railway" in December 1895. The ATSF owes its beginnings to Cyrus Kurtz Holliday, a transplanted Pennsylvanian born in 1826. Quite an entrepreneur, Holliday owned or promoted a variety of business ventures in land, coal and transportation. He was the founding father and mayor of Topeka, served in the Union army during the Civil War and dabbled in many other political and social ventures in Kansas. Holliday also guided the development of the Santa Fe Railway, from the creation of its charter in 1859 through construction that began in Topeka on a cool and blustery October 30, 1868. He lived to see the railroad reach the Great Lakes, Gulf of Mexico and California's Pacific shore, his vision from the start. Santa Fe's heritage is rich with people and milestones thaf would be the envy of most American corporations. It helped introduce hard red winter wheat to the Midwest, transporting the wheat itself and the eastern European immigrants who chose to settle in and farm this rich grain-producing region. Santa Fe played a key role in promoting the art and culture of the Southwest and Native Americans, creating a "romantic" vision of the Southwest and encouraging travel to the area. Santa Fe passenger service (which continued until 1971, when Amtrak took passenger service over from most railroads) set the standard for luxury and attention to detail, with famed trains like the California Limited, the Super Chief, the El Capitan, the Valley Flyer and the Texas Chief. In association with this legendary passenger service, Fred Harvey established a chain of restaurants, hotels, lunch counters and dining rooms to feed and accommodate millions of travelers between 1876 and the 1950s. Several of these establishments are still operating today. In addition to its role in influencing culture, Santa Fe played a key role in moving the transportation industry forward with innovation and creativity. Santa Fe developed the first land-bridge container train, linking Asia with Europe using Santa Fe and Penn Central (Conrail) lines. In the mid-1970s, Santa Fe people developed the first articulated intermodal railcar, featuring a skeleton design for lighter weight, a lower center of gravity and reduced fuel consumption. This "Six-Pack," which later became the "Ten-Pack Fuel Foiler," was the forerunner of today's articulated intermodal cars. Santa Fe is credited with industry- wide improvements to other types of railcars as well, including the development of the Super Hopper and the articulated autoveyor. http://www.bnsfcom/about—bnsf/htmUhistory.htnl 4/6/99 History Page 6 of 6 In the late 1980s, Santa Fe developed improvements in locomotive cab design which later set the standard for the industry. About that same time, Santa Fe stunned the transportation industry with the announcement of its intermodal partnership with J.B. Hunt, the first such partnership between a railroad and a trucking firm. In 1993, a centralized Systems Operations Center in Schaumburg, Ill., became the world's largest fully distributed transportation management system. [Home] [Customers] [Investors] [Employees] [Media] [About BNSF] [Search] Comments or questions to webmaster@bnsf.com Burlington Northern Santa Fe Copyright©1999.All Rights Reserved. http://www.bnsfcom/about—bnsf/html/history.htnl 4/6/99 Page 1 of 2 From: Steve <sday@bpmlaw.com> � < > To: Ken Garmann garmann@yelmtel.com 1040 ;. Date: Thursday, April 08, 1999 8:58 AM Subject: RE: "Last night" =aftermath I also hope the turnout will improve - but I am afraid it is going the other way. We used to 50- 75, and it has been going down for several years now. Ialeke`R'aul Here is his addressand ffice phone.#: It'would be good#o get a competitiv"e 6id�.yb General Manager Cam s`PraMe Railnet P.r;O Box�11F66 Lewiston ID 8, -----Original Message----- From: Ken Garmann [mailto:garmann@yelmtel.com] Sent: Thursday, April 08, 1999 7:01 AM To: Steve Subject: Re: "Last night" -aftermath Steve, Sorry the turn out was low. Perhaps in the future that will improve. was impressed with the stature of Paul of "The Camas Prairie Line". He has the look of total determination and focus. As a matter of fact, would like to contact him and will you be kind enough to forward his address and phone # so I can communicate with him. The ultimate proof is that anything is possible when you become determined to achieve the desired result. Again, Thanks, KLG -----original Message----- From: Steve <sday@bpmlaw.com> To: 'Ken Garmann' <garmann@yelmtel.com> Date: Wednesday, April 07, 1999 1:25 PM Subject: RE: "Last night" You are most welcome and thanks for your note. I wasn't sure what you all thought of the meeting. I was more than a little disturbed by the low turnout. Glad you all found it useful and enjoyable. SLD -----Original Message----- From:Ken Garmann [mailto:garmann@yelmtel.com] Sent: Wednesday,April 07, 1999 11:08 AM To: Steve L.Day Subject: "Last night" 4/8/99 Page 2 of 2 a Steve, Thanks for the scholarship to attend the rail dinner last night. It was fun to meet some of the players. Makes a difference when you can associate a face with function. The consensus was all-aboard my vehicle enjoyed this opportunity. I am going to call Mr. Batie on thursday a.m. to see how he is doing. Thanks again, KLG 4/8/99 _AkCAmAs PRAIRIE fWLNET "16P.O. Box 1166 Lewiston, Idaho 83501 08) 743-2559 p 7,Z,e- UJ/JV/1 J j U1.11 JV V YJU UJVl W1LL11"11'IJ/I .LLV 1 HUL VL/VL Rail Committee Meeting C6'""m f,rvI5 March 30, 1999 2:00-3:00 PM Xelrn Prairie Hotel Conference Room PLE Copy AGENDA T. Where we've been—Joe Williams � 6� Lh Q�� II. Where we are. —Ken.Car am a.) Actions taken to date-1 Ken b.) Future direction of negotiations—Ken, c.) Funds recieved and dispersed-Ken k IH. Where we're going—All,round table discussion a.) Political pressure?--All b.) Political contributions? -Joe IV. RAC—April meeting—Mayor Wolf a.) Members—Mayor Wolf,Mayor Derefield b.) By-laws—Sop,Williams V. Conclusions and Wrap-up �� lips �cn DAVID EVANS AND ASSOCIATES, T R A N S M I T T .A L 3700 Pacific Highway East TO: Mr. Ken Garmann Suite311 City of Yelm P.O. BOX 479 Tacoma,Washington 9842 Yelm, WA 98597 Tel: 253.922.9780 DATE: March 26, 1999 Fax: 253.922.9781 FROM: Charlie Burnham PROJECT: PROD.#: YELM0001 ITEM :: COPIES DATE:: TION",. Typical Track Section ® AS YOU REQUESTED ❑ FOR YOUR APPROVAL ❑ RETURN REQUESTED ❑ DOCUMENT CONTROL ❑ FOR YOUR INFORMATION ❑ FOR YOUR REVIEW ❑ COMMENTS: Outstanding r Outstanding Quality TRACK LU I Iw z I 50' TYPICAL J I I TYPICAL TRACK SECTION NOT TO SCALE City of helm 105 Yelm Avenue West P.O. Box 479 YEXL. 11I WASHIYelm, Washington 98597 NGTON (360) 458-3244 March 26, 1999 FILECa �Y Mr. Brian Moorhead r TransAid Area Engineer Olympic Region P.O. Box 47440 Olympia, WA 98504-7440 RE: LAG/Federal Aid Project Prospectus Dear Brian, Enclosed for your action are the following documents: 1) Executed Local Agency Federal Aid Prospectus—Yelm to Lakeview BNSF Railroad acquisition. 2) Vicinity Map 3) Typical Right of Way "Track Section" If you need additional information feel free to call my office at(360) 458-8499. Sincerely, City of Yelm Ken Garmann Public Works Director Cc: file 03/26/99 FRI 09:30 FAX 253 922 9781 DAVID EVANS&ASSOCIATES 1@00.1 t DAVID EVANS AND ASSOCIATES, TELECOPY TRANSMITTAL RANSMITTAL ,( 370o Pacific Highway East 1 TO: 1�`1 C'7AdZ-W7Ah►N FAX NO' (v© " ¢* [j, - `Y ) Stsito 371 r PHONE NO: Tacoma,Washington 9842¢ K, C47� FIR0'= 7 1`EI-N( i OF PAGES: z Tet: 2-U-.9=-9780 C.flA 2[.-!E REGARDING: PA /L�� S Fax: 253.922.9781 FROMC COPIES, ORIGINAL TO FOLLOW- REGULAR MAIL OVERNIGHT MAIL Q COURIER NIA COMMENTS: 03/26/99 FRI 09:30 FAX 253 922 9781 DAVID EVANS&ASSOCIATES 1@002 J Q U_ d. f-. LO z 0 W C/1 w J Q U U cn V' Q d o r F- F- a . � z d U n I— <. a 3N1� M/�I i TRACK z I 50' TYPICAL I f I I TYPICAL TRACK SECTION NOT TO SCALE i TRACK Z I �Z 50' TYPICAL cy c I f I I ' TYPICAL TRACK SECTION NOT TO SCALE Page l of 1 From: Steve <sday@bpmlaw.com> To: 'Ken Garmann' <garmann@yelmtel.com> Date: Wednesday, March 24, 1999 9:45 AM Subject: A few more suggestions Ken, Sorry, but I couldn't help tweaking a bit more. I played a little with the abandonment section - putting all comments on that issue in a separate paragraph (for emphasis, and clarity). Also, I reworked the line transfer valuation item - this is really what we want them to do. If they transfer by donation a "going concern" business they will be entitled to a greater tax deduction. This sweetens the deal for them - by raising tho I think a deduction on fair market value may beat a transfer at_NLV. aps you could have an accounting type give us some rule of thumb about how much of a deduction is needed to cover a dollar of profit. By the way, you can F's SEC filings on the interne http //www sec gov/cgi-bin/srch-edgar?Burlington+Northern+Santa+Fe Let me know what you think of these changes. SLD ,k AUG 1 3 2004 C August 10, 2004 — Shelly Badger City Administrator City of Yelm P.O.Box 479 Yelm, WA 98597 Re: Business opportunities with City of Yelm. Dear Ms.Badger. Community Rail Services is a partnership of Northwest Rail Services (NWRS) and the management team of Seattle Monorail Services. Our organization is seeking short line, switching, and business rehabilitation opportunities with the city of Yelm. To be considered for such opportunities, the applicant organization must state their qualifications. We have organized this packet to serve as a notification of interest and as a broad-based organizational resume. The included components are: • Overview of Community Rail Services (CRS) • CRS Business Resume • Ability to finance • Experience Matrix • Professional Reference List • Resumes of CRS Partners and Associates The individuals described in this packet make up the core of Community Rail Services. It is our firm belief that CRS's unique combination of skills and experience would enable a safe, profitable, and reliable railroad company. Thanks in advance for your time and consideration. Please do not hesitate to contact us with any questions you may have, and by all means contact us if there are opportunities to which we may be suited. Best Regards, Vince Mendenhall Partner Community Rail Services Community Rail Services,Inc. 1 125 NW 57th St Seattle,WA 98107 _I Phone:(206)910-1842 Fax:(206)789-8031 Email:VinceI304@Yahoo.com An Overview of Comm unity Rail Services CRS possess a comprehensive set of strengths and business experience well suited for operation of a short, regional, or switching line. We believe that our team is best suited to exceed the needs and expectations of the end shippers as well as our interchange partners. Our business strategy is based on crewing the trains and supporting business services with individuals who are committed and empowered to take care of the people who pay us:the shippers. By delivering the kind of service and responsiveness the shipper wants, and giving our team the tools to meet those needs, we believe that we can effectively position CRS as an indispensable part of an existing line's business. Furthermore, we believe that our philosophy will pay dividends into the future by attracting and keeping new shippers. About our team Community Rail Services (CRS) is a partnership of Northwest Rail Services (NWRS) and the management team of Seattle Monorail Services (SMS). In 1994, the City of Seattle contracted with Seattle Monorail Services for the operation, maintenance and marketing of the City's one-mile dual beam monorail system. The monorail system began to operate profitably after SMS's takeover of the system, providing a return to SMS's ownership and the City of Seattle. Today, the Seattle Center Monorail is the nation's only profitable, fully self-sufficient public passenger transportation system. In 2002 the citizens of the City of Seattle voted to build a citywide monorail system, which will result in the closure and demolition of the existing system. This will result in the closure of SMS. With the monorail's closure on the horizon, SMS's management team has begun looking for other opportunities to put our skills, expertise, and staff to work. NWRS, formerly Historic Railway Restoration LLC, has been in business for 25 years performing repairs, restoration, relocation, and preservation services of rail and trolley equipment to individuals, corporations, and municipalities. NWRS and SMS became acquainted through a series of capital reconstruction projects to the monorail train sets. Business Resume Operations The Seattle Center Monorail was in a state of disarray when the current team took over in 2000. For the years prior to 2000 and during the City's operation of the system, records and compliance of all types were insufficiently maintained. Some were not generated at all, and almost none were kept. In addition to reinventing many of the monorail's business practices, the monorail's management team had to start from scratch in all areas from basic ridership and mileage recording to cash control, training, safety, certification, and employee record keeping. Our team has over 50 years combined operations experience in surface transportation including but not limited to the Seattle Center Monorail, railroad operations, aircraft ground operations, tour bus, and transit. Our team has worked for and with organizations such as Seattle Monorail Services, Burlington Northern Railway, King County Metro, Gray Line of Alaska, and the US Air Force. Maintenance Our team has over 30 years combined experience in vehicle maintenance including but not limited to locomotive and railcar maintenance, GE traction power systems, and WABCO air brake systems, Reliability Centered Maintenance and Interval Maintenance programs. The NWRS portion of our team has a most extensive resume of trolley, locomotive, and railcar refurbishment and rehabilitation projects to their credit. This includes work on propulsions systems from GE, Westinghouse, and Siemens Corp., featuring both drum control and SCR control.An experience matrix is attached. When SMS took over operations of the monorail system, there were no maintenance manuals whatsoever for the monorail system. These had been lost or disposed of during the years that the City of Seattle had stewardship of their system. There was no configuration control plan or system. Glenn Barney authored the overwhelming majority of the monorail system maintenance procedures, guidelines, and specifications to produce a program that delivers verifiable increasing reliability each year. Safety and Training Matt and Glenn authored or significantly overhauled the overwhelming majority of SMS's existing hiring, training, certification, and ongoing education programs. These programs were recently audited as part of our FTA Triennial Audit by the State of Washington, performed by Transportation Resource Associates (TRA) of Philadelphia PA, under contract with WSDOT. We received excellent marks across the board. Our team also authored the Seattle Center Monorail driver certification program, the only municipally accepted and endorsed monorail driver certification program in the US that we are aware of. Business Development and Marketing Vince Mendenhall is the business development, marketing, and political arm of NWRS. Vince has worked many levels of government to ensure projects get completed and made contact with the FTA, FRA, and USTAD to keep up on current affairs both nationally and internationally. Through his efforts on an impressive array of projects, NWRS has become a leader in heavy rail and transportation restoration, parts supply, and maintenance. Matt is the Marketing Manager for the monorail, in addition to his Operations Department responsibilities. Through Matt's efforts as Chairman of the Puget Sound Attractions Council, and as President of the Seattle Center Association of Marketing Professionals, the Seattle Center Monorail system has become the leader in event, group, tour, and convention transportation between the core of downtown Seattle and Seattle Center. Matt has extensive experience in direct sales, marketing, coordination and cooperation with city and state tourism and convention bureaus. Administration/HR When CRS successfully contracts for or purchases a line, the Monorail's current controller and HR Manager Joan Ogazi will handle business administration. Safety and Security In 2003, the Monorail completed the FTA's comprehensive Triennial Audit, administered by Transportation Resource Associates of Philadelphia, PA under contract and supervision by the Washington State DOT. The Monorail system received excellent marks throughout the audit, and was subject to a minimum number of corrective actions. Here is and excerpt from the executive summary: "The review team found no majorproblems with the Seattle Monorail operation. The exceptions that were found were either veryminorin nature or have little effect on the Seattle Monorail operation because of the operation's scale. WAile the team has made recommendations in many areas, implementing these recommendations will simply make a good situation better.All of the employees who work directly or indirectly on the line appear to be dedicated to a First-class operation." Contact information for Washington State DOT's oversight representative of our operation is attached in the references section of this document. Ability to Finance Favorable financing options are available to CRS including traditional business loans, small business association loans, and internal financing by our partners and associates. Specific information is available upon consideration for an opportunity with BNSF, as the opportunities available will effect the financing options we choose to exercise. Experience Matrix The table below details skills and experiences of individuals owning, associated with, and employed by CRS. Our business references are included in this table as well . tw bDU 0) Cd Cd w 'd cd bn c rn an cid o a a a� a � O M I w r!1 U °o Principles M Glenn Barneyes yes yes yes yes yes yes yes yes yes Mathew Abbey yes yes yes yes yes yes Vince Mendenhall yes yes yes es es es es Tom Mendenhall yes yes yes yes yes yes yes Employees Joan 0 azi yes I I I I I I I I I I yes References Jeffery Schultz yes I yes yes Elaine Schmid yes es yes es yes Robert Schorn yes yes yes Stuart Rolfe yes yes yes Tom Albro yes yes yes yes yes es es As you can see,the experience of our team is extensive,thorough,and each discipline is duplicated repeatedly. Professional Reference List Jeffery T. Schultz Rail Operations and Technical Expert Washington State Department of Transportation Rail Office Public Transportation and Rail Division 310 Maple Park Avenue SE Olympia, WA 98504-7387 Phone 360-705-7981 Fax 360-705-6821 Email jschultj@wsdot.wa.gov Kenneth Korach President, Transportation Resource Associates 1608 Walnut Street Suite 1602 Philadelphia, PA 19103-5457 Phone 215-546-9110 Fax 215-546-9120 Email ken@traonhne.com Tom Albro SMS Partner 330 30th Avenue South Seattle,WA 98144 Phone 206-930-4004 Fax 206-322-5379 Email toma@pro-scribe.net Robert Schorn Concessionaire's Representative Seattle Monorail Services 370 Thomas Street Suite 200 Seattle, WA 98109 Phone 206-935-5348 Fax 206-905-2206 Email rschorn@msn.com Elaine Schmid Seattle Center Project Management(retired) Monorail System Oversight Home 206-932-8684 Email Laineydes@aol.com Resumes ofPartners and Associates GLENN R.BARNEY 4133 122ND Ave. S.E. Everett,WA 98208 425.357.9750 Career Highlights 2000—2004 General Manager - Seattle Monorail Services Full P&L responsibility for 2.5 million dollar budget.Integrated control of operations,maintenance and administrative activities.Maintained scheduled service during extensive equipment refurbishment projects. Implemented reporting and processes necessary to document operating contract and compliance. 1998—2000 Maintenance Manager— Seattle Monorail Services Improved reliability of Monorail trains by developing solutions for several high failure components. Developed vendor support relationships necessary to sustain equipment into the future. 1995— 1998 . Logistics Research Project Manager- USAF Developed process map of Air Force wide aircraft repairable spare parts recovery,repair,distribution, inventory,and issue system. Reengineered selected process segments involving multiple bases and conducted operational tests. Researched feasibility of outsourcing Air Force Precision Measurement Equipment Laboratories and provided a recommendations leading to a Pentagon level decision to proceed with outsourcing. 1991— 1994 Logistics Officer-USAF Responsible for inter-squadron logistics coordination and base-wide deployment plans and capabilities. 1986— 1991 Aircraft Maintenance Officer- USAF Responsible for maintenance and servicing of fighter aircraft assigned to squadron. Improved operational capability of three units during assignment. Resolved technical,logistics,and personnel issues necessary to achieve operational objectives. 1977— 1985 Aircraft Maintenance Technician- USAF Education 1995 Master of Science in Logistics Management—Air Force Institute of Technology 1984 Bachelor of Professional Aeronautics—Embry-Riddle Aeronautical University 1982 Associate in Arts—American River College 1980 Associate in Science—Sacramento City College Mathew W Abbey 832 Cogean Avenue Bremerton,WA 98337 360-782-0559 abbeyinc(aD-attbi.com Education Central Washington University, Ellensburg WA BS, Industrial Technology March 2000 Olympic Community College, Bremerton WA AA Dec 94 Employment History Seattle Monorail Services April 00-Current Operations Manager, Seattle,WA • Comply with and audit our State System Safety and Security Assurance Program, and communicate with our ownership, the City of Seattle and WSDOT. • Coordinate and supervise maintenance personnel • Direct Operations staff: supervisors, cashiers, train operators, and janitors • Design and implement operational efficiency tracking, create measures to improve efficiency • Design and direct passenger logistics/crowd management and staffing tools • Implement Seattle Monorail Services/City of Seattle contract compliance measures • Establish cash control procedures, tracking, accountability, audit and enforcement • Recruit, hire and train Monorail Operations and Janitorial staff members • Train and develop Operations Supervisors and field personnel • Provide feedback, performance appraisals, and evaluations to the staff • Author of Seattle Monorail Driver's Certification Program • Manage and distribute supply inventory for Operations Department Marketing Manager Feb 01-Current • Serve as the communications/media manager for the Monorail system • Coordinate design and printing of sales, info and marketing kit for Monorail • President, Seattle Center Association of Marketing Professionals (SCAMP, 2001-2002) • Co-Chair, Puget Sound Attractions Council (current) • Lead and coordinate SCAMP group of 21 organizations in creation of holiday marketing material 2001 • Design and direct initiatives for group, corporate, and convention sales • Design and implement marketing revenue streams through media sales (ticket back advertising, pass advertising, train wraps, station and train recording and announcement advertising) Holland America Line-Westours, Inc. Supervisor, Highway Motorcoach Operations, Fairbanks, AK May-Sept 99 • Scheduled Driver/Guides across multiple day itineraries based on passenger flow volume • Updated subcontractors of passenger volume/throughput changes • Coordinated cruise ship/railroad/motorcoach/airport operations • Organized "Rescue Missions"for stranded motorcoaches/tour groups tj • Advised/Coordinated/Prioritized repair crews 0 Maintained and built client/company relations Motorcoach Driver Instructor, Ellensburg and Seattle,WA '96-'99 • Establish advertising and marketing network for Gray Line jobs • Recruited and hired employees • Train new hires in motorcoach operation, customer service, tour development and narration, DOT regulations and compliance, company policies/procedures, passenger management, accounting, emergency situations, motorcoach troubleshooting, build pride in the company and confidence in skills. • Provide weekly evaluations of each trainee to Gray Line Motorcoach Driver, Gray Line of Seattle,WA Mar 95-June 97 • Top grossing tip recipient as a Driver/Guide in both Alaska and Seattle • Responsible for cross-selling additional tours and excursions Computer Skills Very proficient in the Microsoft Office family of programs,Adobe Acrobat, and a working familiarity with AutoCAD Vince Mendenhall Owner Education Woodway High School, 1985-1989 Bussiness Seminars, 1998-2003 Professional History -Northwest Rail Services,Inc. OwnerNice President,2001-Present -Historic Railway Restoration, Owner/Sales Manager, 1996-Present -Production Welding, Columbia SC,Apprentice Welder, 1995-1996 -Schippers Construction, Seattle,WA,Carpentry Apprentice,Manager of Demolition and Disposal, 1992-1995 -Hazcon Environmental,Manager receiving,Lab Assistant 1989-1991 -American Greeting Card Company, Seattle,WA, Supervisor, 1986-1989 Vince has work in a number of different fields that has allow him to acquire the skills and experience to operate as an owner and manager of his own company. Through his various employments over the last 15 years Vince have able to gain a working knowledge of the construction and fabrication industry. His employment also allowed Vince to work in different business climates and gain experience working with various people. Below is a list of the different contracts HRR and NWRS has performed and Vince's participation in each job. Project Experience City of Detroit 2003-Present: Northwest Rail Services,Inc. is restoring three vintage trolley cars. Customer relations and product research. Seattle Monorail 2002-2003: Various mechanical repairs were performed for Seattle Monorail Services. Evening Supervisor for job,purchasing,and product research to assemble and install new air compressors in to both train sets. Yukon Territorial Government 2000-2001: Performed location and sale of 1925 J.G.Brill trolley car. Oversaw material purchase for rebuild of 21-E truck and air compressor for trolley. Also performed operation and safety oversight. M.Heinl(private contract) 1999-2000: Historic Railway modified a 1920's J.G.Brill single truck trolley car to operate on 48 volt DC Battery power. Purchasing and oversight of rail track on to owners property,supervise delivery and operation and maintenance of car instruction. City of Ottumwa,IA 1998-1999: Historic Railway completed a full cosmetic rehabilitation of a 1930's Steam Locomotive. Supervisor for job included oversight of dismantling of locomotive coordinating and supervising sub-contractor for asbestos removal also oversaw repairs,sand blasting and painting of locomotive. Work with city officials on all government regulations. Memberships Oregon Electric Railway Historical Society, 1978-present. Mr.Mendenhall holds a current membership with this museum. He became a member along with his father,Tom Mendenhall,and has spent most of his available time working on different streetcar projects. He has also contributed to the maintenance of the museum grounds and filled in as streetcar operator from time to time. American Public Transportation Association,Vintage Trolley Task Force,2000-Present: Work with other members of the trolley community on aspects of regulation and governmental law concerning rail installation,overhead wire,crash standards for trolley cars,wiring,and brake systems. Tom Mendenhall Owner Education Business Management Seminars, 1987-1989 Lynnwood Electronics School,Wiring and Diagramming, 1970-1971 Shoreline Community College,Business Program, 1966-1968 Professional History -Northwest Rail Services,Inc., Seattle,WA,Owner/Technical Manager,2001-Present -Historic Railway Restoration, Owner/Sales Manager, 1996-Present -Tom Mendenhall,Seattle,WA, Owner/Operator of Contract Trucking Service, 1982-1992 -Tom Mendenhall,Independent Contractor/Wood Specialist, 1961-Present Pro!ect Experience City of Detroit 2003-Present: Northwest Rail Services,Inc.is restoring three vintage trolley cars. Project Management and Quality Assurance. Seattle Monorail 2002-2003: Various mechanical repairs were performed for Seattle Monorail Services. Project Manager work closely with engineering staff and subcontractors to ensure project completed on time,also product research to assemble and install new air compressors in to both train sets. Yukon Territorial Government 2000-2001: Performed location and sale of 1925 J.G.Brill trolley car. Rebuilt 21E Truck and installed on site. Also performed mechanical and safety oversight. M.Heinl(private contract) 1999-2000: Historic Railway modified a 1920's J.G.Brill single truck trolley car to operate on 48 volt DC Battery power. Project Manager for design and installation of battery system. Modified brake system and installed on 21E Truck. City of Ottumwa,IA 1998-1999: Historic Railway completed a full cosmetic rehabilitation of a 1930's Steam Locomotive. Quality Control,worked with paint contractor to ensure accurate paint scheme. Memberships Oregon Electric Railway Historical Society, 1978-present. Mr.Mendenhall currently holds a lifetime membership with this museum. He has also served on the board of trustees, and was appointed the Supervisor of Maintenance for all buildings and bridges on the museums property. Mr.Mendenhall volunteered much of his time to the museum for streetcar restoration, facilities maintenance, and overall operations. Indiana Transportation Museum, 1992-1994. Mr.Mendenhall volunteered his time to work performed on locomotives,rail passenger cars,electrical locomotives,and electrical streetcars. He continues to advise the museum on restoration of streetcar equipment. Northwest Locomotive Preservation Association, 1993-1995. Mr.Mendenhall acted as a board member and also directed all transportation activities involved with the transport of any rail equipment for the Association. American Public Transportation Association,Vintage Trolley Task Force,2000-Present:Work with other members of the trolley community on aspects of regulation and governmental law concerning rail installation,overhead wire,crash standards for trolley cars,wiring,and brake systems. ♦.................................................................................................................................................. JOAN T.OGA23 3204 Forest Dr., Bremerton,WA 98310 Home: (360)479-5159/Cell: (206)396-0753 ogaziia-wwdb.orq Professional Objective: Controller Position Summary of Qualifications Over fourteen years of financial analyst experience utilizing, Quicken, QuickBooks, ECCO and company specific mainframe systems. Possess exceptional interpersonal and communication skills, a hard-working, professional and self-confident individual with a proven ability to manage, as well as, work with a minimum of supervision. A team player that interacts effectively with subordinates, top management, and all levels of personnel within the company and outside the company for maximum results. PROFESSIONAL EXPERIENCE Controller/Office Manager One of three in management team responsible for operation of monorail system. Handle accounts receivable, accounts payable, payroll, production of financial statements, and payroll taxes; assist in other tax preparation; advise team on proper business practices and accounting procedures; facilitate understanding of concession agreement; oversee cash handling, deposits, and bank accounts; assist in supervision of operations staff and human resource issues; provide good communication and support to Seattle Center officials. Business Analyst Development and implementation of detailed resource business plans covering over 500 employees; Coordinated and consolidated source data into management information presentations; Delivered presentations to senior management; Used historical and forecast data to perform trend analyses, variance analysis and risk assessment to support team leaders. Program and Financial Account Manager Managed major client accounts by processing, tracking and following-up on license agreements, shippers, invoices, commission splits and expenses; insured flawless preparation and execution of seminars, executive overviews, presentations, speaking engagements, and field training events; responsible for fulfillment of terms on license agreements; supervised accounts payable, accounts receivable, and payroll functions as well as preparation of financial statements; prepared payroll and excise taxes; coordinated travel arrangements, phone conferences, and correspondence for senior project director. Assistant Controller Supervised processing of biweekly payroll for over 1000+ employees at 29 locations in 4 states; prepared all payroll data for computer input; audited payroll data for accuracy; devised payroll tracking systems; handled payroll inquiries, support orders, claims and garnishments; prepared and signed payroll taxes; reconciled ledger accounts; assisted in annual audit handled advances, payments and transfers on seven million dollar revolving loan account; monitored drug testing; licensed company fleet;filled in for Controller. EMPLOYMENT HISTORY Controller/Office Manager, Seattle Monorail Services, Seattle, WA 07/2002 to current Business Analyst, The Boeing Company, Seattle,WA 10/2000 to 01/2002 Program and Financial Account Manager,The Pacific Institute, Seattle,WA 08/1997 to 10/2000 Assistant Controller, National Food Corporation, Seattle,WA 12/1993 to 08/1997 EDUCATION s Bachelor of Science Degree, Accounting and Business Administration, College of Great Falls-Great Falls, Montana; Graduated Summa Cum Laude (3.78 GPA) ♦ Computing skills: Proficient in Microsoft Office Suite, Email, Internet, Quicken, QuickBooks, ECCO. Typing Speed: 90+wpm, 10 key by touch. ♦ Notables: Superior Performance Award with Department of the Air Force/Sustained Superior Performance Award / Nominated for Civilian of the Year. - AUG FI - 1 3 2004 August 10, 2004 Shelly Badger City Administrator City of Yelm P.O. Box 479 Yelm, WA 98597 Re: Business opportunities with City of Yelm. Dear Ms.Badger. Community Rail Services is a partnership of Northwest Rail Services (NWRS) and the management team of Seattle Monorail Services. Our organization is seeking short line, switching, and business rehabilitation opportunities with the city of Yelm. To be considered for such opportunities, the applicant organization must state their qualifications. We have organized this packet to serve as a notification of interest and as a broad-based organizational resume. The included components are: • Overview of Community Rail Services (CRS) • CRS Business Resume • Ability to finance • Experience Matrix • Professional Reference List • Resumes of CRS Partners and Associates The individuals described in this packet make up the core of Community Rail Services. It is our firm belief that CRS's unique combination of skills and experience would enable a safe, profitable, and reliable railroad company. Thanks in advance for your time and consideration. Please do not hesitate to contact us with any questions you may have, and by all means contact us if there are opportunities to which we may be suited. Best Regards, A) Vince Mendenhall Partner Community Rail Services Community Rail Services,Inc. 1 125 NW 57th St Seattle,WA 98107 Phone:(206)910-1842 Fax:(206)789-8031 Email:Vince 1304@Yahoo.com An Overview of Comm unity Rail Services CRS possess a comprehensive set of strengths and business experience well suited for operation of a short, regional, or switching line. We believe that our team is best suited to exceed the needs and expectations of the end shippers as well as our interchange partners. Our business strategy is based on crewing the trains and supporting business services with individuals who are committed and empowered to take care of the people who pay us:the shippers. By delivering the kind of service and responsiveness the shipper wants, and giving our team the tools to meet those needs, we believe that we can effectively position CRS as an indispensable part of an existing line's business. Furthermore, we believe that our philosophy will pay dividends into the future by attracting and keeping new shippers. About our team Community Rail Services (CRS) is a partnership of Northwest Rail Services (NWRS) and the management team of Seattle Monorail Services (SMS). In 1994, the City of Seattle contracted with Seattle Monorail Services for the operation, maintenance and marketing of the City's one-mile dual beam monorail system. The monorail system began to operate profitably after SMS's takeover of the system, providing a return to SMS's ownership and the City of Seattle. Today, the Seattle Center Monorail is the nation's only profitable, fully self-sufficient public passenger transportation system. In 2002 the citizens of the City of Seattle voted to build a citywide monorail system, which will result in the closure and demolition of the existing system. This will result in the closure of SMS. With the monorail's closure on the horizon, SMS's management team has begun looking for other opportunities to put our skills, expertise, and staff to work. NWRS, formerly Historic Railway Restoration LLC, has been in business for 25 years performing repairs, restoration, relocation, and preservation services of rail and trolley equipment to individuals, corporations, and municipalities. NWRS and SMS became acquainted through a series of capital reconstruction projects to the monorail train sets. Business Resume Operations The Seattle Center Monorail was in a state of disarray when the current team took over in 2000. For the years prior to 2000 and during the City's operation of the system, records and compliance of all types were insufficiently maintained. Some were not generated at all, and almost none were kept. In addition to reinventing many of the monorail's business practices, the monorail's management team had to start,from scratch in all areas from basic ridership and mileage recording to cash control, training, safety, certification, and employee record keeping. Our team has over 50 years combined operations experience in surface transportation including but not limited to the Seattle Center Monorail, railroad operations, aircraft ground operations, tour bus, and transit. Our team has worked for and with organizations such as Seattle Monorail Services, Burlington Northern Railway, King County Metro, Gray Line of Alaska, and the US Air Force. Maintenance Our team has over 30 years combined experience in vehicle maintenance including but not limited to locomotive and railcar maintenance, GE traction power systems, and WABCO air brake systems, Reliability Centered Maintenance and Interval Maintenance programs. The NWRS portion of our team has a most extensive resume of trolley, locomotive, and railcar refurbishment and rehabilitation projects to their credit. This includes work on propulsions systems from GE, Westinghouse, and Siemens Corp., featuring both drum control and SCR control.An experience matrix is attached. When SMS took over operations of the monorail system, there were no maintenance manuals whatsoever for the monorail system. These had been lost or disposed of during the years that the City of Seattle had stewardship of their system. There was no configuration control plan or system. Glenn Barney authored the overwhelming majority of the monorail system maintenance procedures, guidelines, and specifications to produce a program that delivers verifiable increasing reliability each year. Safety and Training Matt and Glenn authored or significantly overhauled the overwhelming majority of SMS's existing hiring, training, certification, and ongoing education programs. These programs were recently audited as part of our FTA Triennial Audit by the State of Washington, performed by Transportation Resource Associates (TRA) of Philadelphia PA, under contract with WSDOT. We received excellent marks across the board. Our team also authored the Seattle Center Monorail driver certification program, the only municipally accepted and endorsed monorail driver certification program in the US that we are aware of. Business Development and Marketing Vince Mendenhall is the business development, marketing, and political arm of NWRS. Vince has worked many levels of government to ensure projects get completed and made contact with the FTA, FRA, and USTAD to keep up on current affairs both nationally and internationally. Through his efforts on an impressive array of projects, NWRS has become a leader in heavy rail and transportation restoration, parts supply, and maintenance. Matt is the Marketing Manager for the monorail, in addition to his Operations Department responsibilities. Through Matt's efforts as Chairman of the Puget Sound Attractions Council, and as President of the Seattle Center Association of Marketing Professionals, the Seattle Center Monorail system has become the leader in event, group, tour, and convention transportation between the core of downtown Seattle and Seattle Center. Matt has extensive experience in direct sales, marketing, coordination and cooperation with city and state tourism and convention bureaus. Administration/HR When CRS successfully contracts for or purchases a line, the Monorail's current controller and HR Manager Joan Ogazi will handle business administration. Safety and Security In 2003, the Monorail completed the FTA's comprehensive Triennial Audit, administered by Transportation Resource Associates of Philadelphia, PA under contract and supervision by the Washington State DOT. The Monorail system received excellent marks throughout the audit, and was subject to a minimum number of corrective actions. Here is and excerpt from the executive summary: "The review team found no majorproblems with the Seattle Monorail operation. The exceptions that were found were either very minor in nature orhavelittle effect on the Seattle Monorail operation because of the operation's scale. While the team has made recommendations in many areas, implementing these recommendations will simply make a good situation better.All of the employees who work directly or indirectly on the line appear to be dedicated to a first-class operation." Contact information for Washington State DOT's oversight representative of our operation is attached in the references section of this document. Ability to Finance Favorable financing options are available to CRS including traditional business loans, small business association loans, and internal financing by our partners and associates. Specific information is available upon consideration for an opportunity with BNSF, as the opportunities available will effect the financing options we choose to exercise. t Experience Matrix The table below details skills and experiences of individuals owning, associated with, and employed by CRS. Our business references are included in this table as well . bn bo b bn 4Ja ° � a� U� Co Cd � 42 � aCa S rn an cd oCd b9 2 a a b II °' ; 0 a o ° a o �n wU S Principles M Glenn Barneyes yes yes yes yes yes yes yes yes es Mathew Abbey yes yes yes es yes yes Vince Mendenhall yes yes yes yes yes yes yes Tom Mendenhall yes yes yes yes yes yes yes Employees Joan 0 azi yes I I I I I I I I I I ves References Jeffery Schultz yes yes es Elaine Schmid yes es yes es yes Robert Schorn yes yes yes Stuart Rolfe yes I yes yes Tom Albro yes yes yes yes yes yes yes As you can see,the experience of our team is extensive,thorough,and each discipline is duplicated repeatedly. Professional Reference List Jeffery T. Schultz Rail Operations and Technical Expert Washington State Department of Transportation Rail Office Public Transportation and Rail Division 310 Maple Park Avenue SE Olympia, WA 98504-7387 Phone 360-705-7981 Fax 360-705-6821 Email jschulti@wsdot.wa.gov Kenneth Korach President, Transportation Resource Associates 1608 Walnut Street Suite 1602 Philadelphia, PA 19103-5457 Phone 215-546-9110 Fax 215-546-9120 Email ken@traonline.com Tom Albro SMS Partner 330 30th Avenue South Seattle, WA 98144 Phone 206-930-4004 Fax 206-322-5379 Email toma@pro-scribe.net Robert Schorn Concessionaire's Representative Seattle Monorail Services 370 Thomas Street Suite 200 Seattle, WA 98109 Phone 206-935-5348 Fax 206-905-2206 Email rschorn@msn.com Elaine Schmid Seattle Center Project Management(retired) Monorail System Oversight Home 206-932-8684 Email Laineydes@aol.com Resumes ofPartners and Associates GLENN R.BARNEY 4133 122ND Ave. S.E. Everett,WA 98208 425.357.9750 Career Highlights 2000—2004 General Manager - Seattle Monorail Services Full P&L responsibility for 2.5 million dollar budget.Integrated control of operations,maintenance and administrative activities.Maintained scheduled service during extensive equipment refurbishment projects. Implemented reporting and processes necessary to document operating contract and compliance. 1998—2000 Maintenance Manager— Seattle Monorail Services Improved reliability of Monorail trains by developing solutions for several high failure components. Developed vendor support relationships necessary to sustain equipment into the future. 1995— 1998 Logistics Research Project Manager- USAF Developed process map of Air Force wide aircraft repairable spare parts recovery,repair,distribution, inventory,and issue system. Reengineered selected process segments involving multiple bases and conducted operational tests. Researched feasibility of outsourcing Air Force Precision Measurement Equipment Laboratories and provided a recommendations leading to a Pentagon level decision to proceed with outsourcing. 1991 — 1994 Logistics Officer-USAF Responsible for inter-squadron logistics coordination and base-wide deployment plans and capabilities. 1986— 1991 Aircraft Maintenance Officer- USAF Responsible for maintenance and servicing of fighter aircraft assigned to squadron. Improved operational capability of three units during assignment. Resolved technical,logistics,and personnel issues necessary to achieve operational objectives. 1977— 1985 Aircraft Maintenance Technician- USAF Education 1995 Master of Science in Logistics Management—Air Force Institute of Technology 1984 Bachelor of Professional Aeronautics—Embry-Riddle Aeronautical University 1982 Associate in Arts—American River College 1980 Associate in Science—Sacramento City College Mathew W Abbey 832 Cogean Avenue Bremerton,WA 98337 360-782-0559 abbeyincCaD-attbi.com Education Central Washington University, Ellensburg WA BS, Industrial Technology March 2000 Olympic Community College, Bremerton WA AA Dec 94 Employment History Seattle Monorail Services April 00-Current Operations Manager, Seattle,WA • Comply with and audit our State System Safety and Security Assurance Program, and communicate with our ownership, the City of Seattle and WSDOT. • Coordinate and supervise maintenance personnel • Direct Operations staff: supervisors, cashiers, train operators, and janitors • Design and implement operational efficiency tracking, create measures to improve efficiency • Design and direct passenger logistics/crowd management and staffing tools • Implement Seattle Monorail Services/City of Seattle contract compliance measures • Establish cash control procedures, tracking, accountability, audit and enforcement • Recruit, hire and train Monorail Operations and Janitorial staff members • Train and develop Operations Supervisors and field personnel • Provide feedback, performance appraisals, and evaluations to the staff • Author of Seattle Monorail Driver's Certification Program • Manage and distribute supply inventory for Operations Department Marketing Manager Feb 01-Current • Serve as the communications/ media manager for the Monorail system • Coordinate design and printing of sales, info and marketing kit for Monorail • President, Seattle Center Association of Marketing Professionals (SCAMP, 2001-2002) • Co-Chair, Puget Sound Attractions Council (current) • Lead and coordinate SCAMP group of 21 organizations in creation of holiday marketing material 2001 • Design and direct initiatives for group, corporate, and convention sales • Design and implement marketing revenue streams through media sales (ticket back advertising, pass advertising, train wraps, station and train recording and announcement advertising) Holland America Line-Westours. Inc. Supervisor, Highway Motorcoach Operations, Fairbanks,AK May-Sept 99 • Scheduled Driver/Guides across multiple day itineraries based on passenger flow volume • Updated subcontractors of passenger volume/throughput changes • Coordinated cruise ship/railroad/motorcoach/airport operations • Organized"Rescue Missions"for stranded motorcoaches/tour groups • Advised/Coordinated/Prioritized repair crews • Maintained and built client/company relations Motorcoach Driver Instructor, Ellensburg and Seattle,WA `96-`99 • Establish advertising and marketing network for Gray Line jobs • Recruited and hired employees • Train new hires in motorcoach operation, customer service, tour development and narration, DOT regulations and compliance, company policies/procedures, passenger management, accounting, emergency situations, motorcoach troubleshooting, build pride in the company and confidence in skills. • Provide weekly evaluations of each trainee to Gray Line Motorcoach Driver, Gray Line of Seattle,WA Mar 95-June 97 • Top grossing tip recipient as a Driver/Guide in both Alaska and Seattle • Responsible for cross-selling additional tours and excursions Computer Shills Very proficient in the Microsoft Office family of programs, Adobe Acrobat, and a working familiarity with AutoCAD Vince Mendenhall Owner Education Woodway High School, 1985-1989 Bussiness Seminars, 1998-2003 Professional History -Northwest Rail Services,Inc. Owner/Vice President,2001-Present -Historic Railway Restoration, Owner/Sales Manager, 1996-Present -Production Welding,Columbia SC,Apprentice Welder, 1995-1996 -Schippers Construction, Seattle,WA,Carpentry Apprentice,Manager of Demolition and Disposal, 1992-1995 -Hazcon Environmental,Manager receiving,Lab Assistant 1989-1991 -American Greeting Card Company, Seattle,WA,Supervisor, 1986-1989 Vince has work in a number of different fields that has allow him to acquire the skills and experience to operate as an owner and manager of his own company. Through his various employments over the last 15 years Vince have able to gain a working knowledge of the construction and fabrication industry. His employment also allowed Vince to work in different business climates and gain experience working with various people. Below is a list of the different contracts HRR and NWRS has performed and Vince's participation in each job. Project Experience City of Detroit 2003-Present: Northwest Rail Services,Inc. is restoring three vintage trolley cars. Customer relations and product research. Seattle Monorail 2002-2003: Various mechanical repairs were performed for Seattle Monorail Services. Evening Supervisor for job,purchasing,and product research to assemble and install new air compressors in to both train sets. Yukon Territorial Government 2000-2001: Performed location and sale of 1925 J.G.Brill trolley car. Oversaw material purchase for rebuild of 21-E truck and air compressor for trolley. Also performed operation and safety oversight. M.Heinl(private contract) 1999-2000: Historic Railway modified a 1920's J.G.Brill single truck trolley car to operate on 48 volt DC Battery power. Purchasing and oversight of rail track on to owners property,supervise delivery and operation and maintenance of car instruction. City of Ottumwa,IA 1998-1999: Historic Railway completed a full cosmetic rehabilitation of a 1930's Steam Locomotive. Supervisor for job included oversight of dismantling of locomotive coordinating and supervising sub-contractor for asbestos removal also oversaw repairs,sand blasting and painting of locomotive. Work with city officials on all government regulations. Memberships Oregon Electric Railway Historical Society, 1978-present. Mr.Mendenhall holds a current membership with this museum. He became a member along with his father,Tom Mendenhall,and has spent most of his available time working on different streetcar projects. He has also contributed to the maintenance of the museum grounds and filled in as streetcar operator from time to time. American Public Transportation Association,Vintage Trolley Task Force,2000-Present:Work with other members of the trolley community on aspects of regulation and governmental law concerning rail installation,overhead wire,crash standards for trolley cars,wiring,and brake systems. Tom Mendenhall Owner Education Business Management Seminars, 1987-1989 Lynnwood Electronics School,Wiring and Diagramming, 1970-1971 Shoreline Community College,Business Program, 1966-1968 Professional History -Northwest Rail Services,Inc.,Seattle,WA,Owner/Technical Manager,2001-Present -Historic Railway Restoration, Owner/Sales Manager, 1996-Present -Tom Mendenhall, Seattle,WA,Owner/Operator of Contract Trucking Service, 1982-1992 -Tom Mendenhall,Independent Contractor/Wood Specialist, 1961-Present Project Experience City of Detroit 2003-Present: Northwest Rail Services,Inc.is restoring three vintage trolley cars. Project Management and Quality Assurance. Seattle Monorail 2002-2003: Various mechanical repairs were performed for Seattle Monorail Services. Project Manager work closely with engineering staff and subcontractors to ensure project completed on time,also product research to assemble and install new air compressors in to both train sets. Yukon Territorial Government 2000-2001: Performed location and sale of 1925 J.G.Brill trolley car. Rebuilt 21E Truck and installed on site. Also performed mechanical and safety oversight. M.Heinl(private contract) 1999-2000: Historic Railway modified a 1920's J.G.Brill single truck trolley car to operate on 48 volt DC Battery power. Project Manager for design and installation of battery system. Modified brake system and installed on 21 E Truck. City of Ottumwa,IA 1998-1999: Historic Railway completed a full cosmetic rehabilitation of a 1930's Steam Locomotive. Quality Control,worked with paint contractor to ensure accurate paint scheme. Memberships Oregon Electric Railway Historical Society, 1978-present. Mr.Mendenhall currently holds a lifetime membership with this museum. He has also served on the board of trustees, and was appointed the Supervisor of Maintenance for all buildings and bridges on the museums property. Mr.Mendenhall volunteered much of his time to the museum for streetcar restoration, facilities maintenance, and overall operations. Indiana Transportation Museum, 1992-1994. Mr.Mendenhall volunteered his time to work performed on locomotives,rail passenger cars,electrical locomotives,and electrical streetcars. He continues to advise the museum on restoration of streetcar equipment. Northwest Locomotive Preservation Association, 1993-1995. Mr.Mendenhall acted as a board member and also directed all transportation activities involved with the transport of any rail equipment for the Association. American Public Transportation Association,Vintage Trolley Task Force,2000-Present: Work with other members of the trolley community on aspects of regulation and governmental law concerning rail installation,overhead wire,crash standards for trolley cars,wiring,and brake systems. ♦.................................................................................................................................................. JOAN T.OGAZJ 3204 Forest Dr., Bremerton,WA 98310 Home: (360)479-5159/Cell: (206)396-0753 ogaziiCa)_wwdb.org Professional Objective: Controller Position Summary of Qualifications Over fourteen years of financial analyst experience utilizing, Quicken, QuickBooks, ECCO and company specific mainframe systems. Possess exceptional interpersonal and communication skills, a hard-working, professional and self-confident individual with a proven ability to manage, as well as, work with a minimum of supervision. A team player that interacts effectively with subordinates, top management, and all levels of personnel within the company and outside the company for maximum results. PROFESSIONAL EXPERIENCE Controller/Office Manager One of three in management team responsible for operation of monorail system. Handle accounts receivable, accounts payable, payroll, production of financial statements, and payroll taxes; assist in other tax preparation; advise team on proper business practices and accounting procedures;facilitate understanding of concession agreement; oversee cash handling, deposits, and bank accounts; assist in supervision of operations staff and human resource issues; provide good communication and support to Seattle Center officials. Business Analyst Development and implementation of detailed resource business plans covering over 500 employees; Coordinated and consolidated source data into management information presentations; Delivered presentations to senior management; Used historical and forecast data to perform trend analyses, variance analysis and risk assessment to support team leaders. Program and Financial Account Manager Managed major client accounts by processing, tracking and following-up on license agreements, shippers, invoices, commission splits and expenses; insured flawless preparation and execution of seminars, executive overviews, presentations, speaking engagements, and field training events; responsible for fulfillment of terms on license agreements; supervised accounts payable, accounts receivable, and payroll functions as well as preparation of financial statements; prepared payroll and excise taxes; coordinated travel arrangements, phone conferences, and correspondence for senior project director. Assistant Controller Supervised processing of biweekly payroll for over 1000+ employees at 29 locations in 4 states; prepared all payroll data for computer input; audited payroll data for accuracy; devised payroll tracking systems; handled payroll inquiries, support orders, claims and garnishments; prepared and signed payroll taxes; reconciled ledger accounts; assisted in annual audit handled advances, payments and transfers on seven million dollar revolving loan account; monitored drug testing; licensed company fleet; filled in for Controller. EMPLOYMENT HISTORY Controller/Office Manager, Seattle Monorail Services, Seattle, WA 07/2002 to current Business Analyst, The Boeing Company, Seattle,WA 10/2000 to 01/2002 Program and Financial Account Manager,The Pacific Institute, Seattle, WA 08/1997 to 10/2000 Assistant Controller, National Food Corporation, Seattle,WA 12/1993 to 08/1997 EDUCATION ♦ Bachelor of Science Degree,Accounting and Business Administration, College of Great Falls-Great Falls, Montana; Graduated Summa Cum Laude (3.78 GPA) ♦ Computing skills: Proficient in Microsoft Office Suite, Email, Internet, Quicken, QuickBooks, ECCO. Typing Speed: 90+wpm, 10 key by touch. ♦ Notables: Superior Performance Award with Department of the Air Force/Sustained Superior Performance Award/ Nominated for Civilian of the Year. ..............:........... .:. ...:: .....:........: . :::c;:c s .. 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Invoice Number: RE-313-ATB50712097 Invoice Date: 07/12/2005 DUE DATE: 08/19/2005 Customer: 916001534 L Local Number: YELM TO LAKEWT D Project: LA-04153R- - -- HWA Number: STPR-1495(001) Project Title: LROAD CORRIDOR ACQUISITI. .. - CITY OF YELM Make Check Payable& Mail To: ATTN PUBLIC WORKS DIR Department of Transportation PO BOX 479 Transportation Building YELM VA 98597-0479 Olympia,WA 98504-7420 ATTN:Cashier Max Local Share Amount: $ 911.91 Billed To Date Amount: $ . 905.71 ....................................................................................................................................................................................................................................................................................... ....................................................................................................................................................................................................................................................................I................. .....................................................................................................................................................................................................:................................................................................ Current Billing For Period 06/01/2005 To 06/30/2005 Work Order Description Line Amount Total TA111919 GENERAL PROJECT MANAGEM T 47.71 PRELIMINARY ENGINEERING ING SUBTOTAL 47.71 ------------------ AMOLM DUE THIS INVOICE Y $ 47:71 ************************************ * DIRECT INQUIRIES TO: * BETH GALE * 360-705-7524 ************************************ AP ed fo Payment: Pro Date: 1 ject: Job -% BARS # BARS # Fed Share Local Share State Share Total Cost DESCRIPTION To Date To Date To Date To Date Prelim Engr $ 5,801.88 $ 905.71 $ 0.00 $ 6,707.59 Right of Way $ 0.00 $ 0.00 $ 0.00 $ 0.00 Construction $ 0.00 $ 0.00 $ 0.00 $ 0.00 ConstrEngr $ 0.00 $ 0.00 $ 0.00 $ 0.00 Other $ 0.00 $ 0.00 $ 0.00 $ 0.00 Expend Total 5,801.88 905.71 .0 Indirect Cost $ 0.00 $ 0.00 $ 0.00 $ 0.00 Agrmt Total $ 5,801.88 $ 905.71 0.00 $ 6,707.59 5130 PLEASE RETURN COPY WITH PAYMENT 1212004,AM05-004 Shelly Badger From: Stephanie Ray Sent: Monday, February 06, 2006 8:34 AM To: Shelly Badger Subject: FW: Rail Corridor Acquisition Cert. P Yelm Trail Cert 1.PDF(91 KB) Hi Shelly, Oh baby! I think this does it! :) I have printed a copy for the BN file down here but thought maybe you had a file up there that could use a copy too! : ) Talk soon, Steph -----Original Message----- From: Samblis, Bill [mailto:SambliB@wsdot.wa.gov] Sent: Friday, February 03, 2006 9:37 AM To: Stephanie Ray Subject: Rail Corridor Acquisition Cert. Steph; Attached is a copy of the Olympic Region signed R/W Cert. 1 for the Trail project. Mark Ellis signed on apx. 1-30-06 and this will go to HQ and FHWA for their "official" certification. It's just a technicality, this is for our purposes, the final. <<Yelm Trail Cert l.PDF>> Bill Samblis, Area Engineer Olympic Region Local Programs samblib@wsdot.wa.gov Phone: 360-357-2649 Fax: 360-704-3250 http://www.wsdot.wa.gov/TA/HOMEPAGE/HLPHP.html i � 1 i i Appendix 25.149 Certification #1 All Right-of-Way Acquired RIGHT-OF-WAY CERTIFICATE#1 TO: Brian Moorehead Date: July 17, 2003 Regional Highways and Local Programs Engineer 5720 Capitol Blvd: PO Box 47440 O 1)4m=i a, WA 92r;04-7440 RE: Federal Aid No.: _ ) Project Title: Yelm to Roy Rai road rnrridor Acquisition Local Agency: T.A 41 9 3 Dear Sir: As per title 23 CFR;Part 635,Section 309,Para(c),right of way has been acquired in accordance with current FHWA Directives covering the acquisition of real property and the following applies: I hereby certify that all necessary rights-of-way,including control of access rights(when pertinent),have been acquired including legal and physical possession. AND (select(a)'or(b)) ®a There are no improvements to be removed or demolished for the above cited project. OR (b) All occupants have vacated the lands and improvements and the agency has physical possession and the ngh ao rem ov...e,.salv...age,..or.demolish..these..improvements..and..enter.upon.all.lands.... . AND elect(a)or(b)) (a) I further certify that there were no individuals or families displaced by the above cited project.Therefore, the provisions of current FHWA directives covering the relocation of displacees to DS&S housing and availability of adequate replacement housing are not applicable to this project. OR (b) I further certify that our previously submitted assurances of an adequate relocation assistance program and teal property acquisition policies have been fully implemented. All eligible persons and occupants of the right-of-way within this project have been relocated to decent,safe and sanitary housing or have been!offered decent,safe and sanitary housing. Project Description: Total parcels required for project: Parcel(s)with Relocation: None Temporary Construction Permits: None S' ely, Chief A tive Officer off/ M ger,Real Estate Services Local Agency r Delegated Auth6ifty Region i Local Agency Guidelines 25-27 July 1999 I AGENDA ITEM 9 a t o f Y STAFFREPORT W�tNNOTON To: Mayor Adam Rivas Yelm City Council From: Shelly A. Badger, City Administrator Date: December 2"d, 2005 (for December 141h, 2005 City Council Meeting) Su�bj:' Administrative Settlement Approval for acquisition of the Yelm to Roy railroad corridor Recommendation To authorize Mayor Adam Rivas to sign the "Administrative Settlement Approval for the acquisition of the Yelm to Roy railroad corridor" Background While conducting a review of the acquisition file of the Yelm Roy Prairie Line from Burlington Northern Sante Fe (BNSF), it was discovered that the right-of-way certification process had not been completed. Originally, the City had the 4.55 mile corridor appraised by David Evans and Associates for$366,000. Successful negotiations between the City and BNSF ultimately agreed upon an acquisition price-of $300,000. In an effort to certify the ROW purchased in 2000, WSDOT conducted a; review appraisal of the City's original appraisal and valued the corridor at$136,500. Per the federal regulations and City Resolution No. 402, the City has the authority to make an Administrative Settlement, in addition to Just Compensation, if it can help mitigate or eliminate costly litigation. Current Situation I have been working with Shelley Carver, Local Agency Coordinator, WSDOT on the process needed to finalize the certification of the ROW. The City's responsibility is to formally approve the Administrative Settlement in the amount of$163,500 for the reasons described in the attached letter. Upon receipt of the Administrative Settlement Approval, the WSDOT will move forward on the ROW certification process. December 2, 2005 AGENDA ITEM 9. a. Page 1 of 3 'iHX AGENDA ITEM 9. a. O�F �p Ci�yo Yelm 4 M 105 Yelm Avenue West P.D. Box 479 YELP Yelm, Washington 98597 WABHIN[iTON (360) 458-3244 DATE: December 2, 2005 TO: Yelm City Council FROM: Shelly A. Badger, Yelm City Administrator RE: Administrative Settlement Approval: Acquisition of the Yelm Roy Prairie Line railroad corridor Amount of Settlement: $163,500 Amount of Determination of Value: $136,500 Total Just Compensation: $300,000 The property acquisition is one parcel consisting of a 4.55 rail corridor acquisition from Burlington Northern Sante Fe Railroad ("BNSF RR".). This corridor was slated for disposal by BNSF, which would sever the freight link between the City of Yelm and the City of Roy and beyond. Preservation of this corridor was vital to'* the continued economic viability in Yelm's industrial sector. A secondary usev - planned for the corridor is a pedestrian/bike trail along the track right of way. Prior to negotiations the BNSF RR had the property appraised. While they did not share this appraisal with the city, they insisted that the value of the property far exceeded the City's appraisal provided by David Evans and Associates ($366,000) and was certainly higher than the Appraisal Review, provided by WSDOT ($136,500). The BNSF RR was unwilling to settle for the lower amount,, shown in the appraisal review. The WSDOT Appraisal Review's criticism of the City's original appraisal was derived from data contained in an appraisal of a different railroad corridor, dated three years prior. This is procedurally and arguably acceptable within appraisal standards. However, it could raise questions about the relevancy of the analysis if the resulting value needed to be defended in court. Furthermore, the Reviewer's opinion that the original appraiser took the wrong approach to value,.. and thereby overvalued the corridor, is also an interpretation using the analysis_ from the older appraisal. All appraisals are subjective interpretations of data resulting in opinions of value. However, the strength of any appraisal is the substantive data behind the opinion. AGENDA ITEM 9. a. Page 2 of 3 The City of Yelm is an Equal Opportunity Provider f AGENDA ITEM 9. a. Burlington Northern Sante Fe is not a typical property owner who possesses limited knowledge of real estate values with respect to his or her property. Instead, the BNSF RR is far more knowledgeable of the specialized issues of rail corridor value than most appraisers who only occasionally appraise local rail lines. In court the BNSF RR would produce appraisers who would have expert testimony on railroad market value, and nationwide data to defend their opinions. Historically, the BNSF RR is known for getting "what they want"for their property. The fact that they were willing to settle for an amount close to the City's appraisal can be seen as agreement that the value therein is closer to what the BNSF RR believed was a fair price. The FHWA Project Development Guide states the following in Chapter 7 Property Valuation: 7.6 The acquiring agency must offer the property owner an amount which it believes to be "Just Compensation", and that amount is to be based on, and no less than, the fair market value of the property as determined by a professionally prepared, reviewed and approved appraisal. There are times when the fair market of the property is not necessarily the "Just Compensation". These situations may occur when the property is unique in nature, when: the appraisal, although properly prepared, does not estimate Just. Compensation with certainty, or when the appraised fair market value does not adequately measure Just Compensation. If the approved appraisal does not adequately reflect Just Compensation for the property to be acquired, then the acquiring agency, using the appraised fair market value as a basis, may establish an amount which it believes does represent Just Compensation. Agency files must contain documentation and justification for the amount of Just Compensation so established. The City of Yelm was anxious not to extend or fail negotiations with Burlington Northern Sante Fe at the risk of losing this vital rail link, and did not want to want to challenge the BNSF RR in court. Therefore, the City of Yelm decided to settle with the BNSF RR at an amount higher than the Review, as allowed by FHWA, and justified by the value findings in the City's appraisal. RECOMMENDED: APPROVED: Shelly A. edger Adam Rivas Yelm Ci Administrator Mayor, City of Yelm AGENDA ITEM 9. a. Page 3 of 3 �® P :. ., �-.t .. �. a . .. ,. `. . _. s -. 9 r � i Ci 105 ` - ��, C'7 c (' !t! YELM WASHINGTON DATE: December 2, 2005 TO: Yelm City Council ; FROM: Shelly A. Badger, Yelm City Administra �l , I RE: Administrative Settlement Approval: Acquisition of the Yelm Roy Prairie Line railroad corridor Amount of Settlement: $163,500 Amount of Determination of Value: $136,500 Total Just Compensation: $300,000 The property acquisition is one parcel consisting of a 4.55 rail corridor acquisition from Burlington Northern Sante Fe Railroad ("BNSF RR".). This corridor was slated for disposal by BNSF, which would sever the freight link between the City of Yelm and the City of Roy and beyond. Preservation of this corridor was vital to the continued economic viability in Yelm's industrial sector. A secondary use planned for the corridor is a pedestrian/bike trail along the track right of way. Prior to negotiations the BNSF RR had the property appraised. While they did not share this appraisal with the city, they insisted that the value of the property far exceeded the City's appraisal provided by David Evans and Associates ($366,000) and was certainly higher than the Appraisal Review, provided by WSDOT ($136,500). The BNSF RR was unwilling to settle for the lower amount shown in the appraisal review. The WSDOT Appraisal Review's criticism of the City's original appraisal was derived from data contained in an appraisal of a different railroad corridor, dated three years prior. This is procedurally and arguably acceptable within appraisal standards. However, it could raise questions about the relevancy of the analysis if the resulting value needed to be defended in court. Furthermore, the Reviewer's opinion that the original appraiser took the wrong approach to value, and thereby overvalued the corridor, is also an interpretation using the analysis from the older appraisal. All appraisals are subjective interpretations of data resulting in opinions of value. However, the strength of any appraisal is the substantive data behind the opinion. The City of Yelm is an Equal Opportunity Provider Burlington Northern Sante Fe is not a typical property owner who possesses limited knowledge of real estate values with respect to his or her property. Instead, the BNSF RR is far more knowledgeable of the specialized issues of rail corridor value than most appraisers who only occasionally appraise local rail lines. In court the BNSF RR would produce appraisers who would have expert testimony on railroad market value, and nationwide data to defend their opinions. Historically, the BNSF RR is known for getting "what they want" for their property. The fact that they were willing to settle for an amount close to the City's appraisal can be seen as agreement that the value therein is closer to what the BNSF RR believed was a fair price. The FHWA Project Development Guide states the following in Chapter 7 Property Valuation: 7.6The acquiring agency must offer the property owner an amount which it believes to be "Just Compensation", and that amount is to be based on, and no less than, the fair market value of the property as determined by a professionally prepared, reviewed and approved appraisal. There are times when the fair market of the property is not necessarily the "Just Compensation". These situations may occur when the property is unique in nature, when the appraisal, although properly prepared, does not estimate Just Compensation with certainty, or when the appraised fair market value does not adequately measure Just Compensation. If the approved appraisal does not adequately reflect Just Compensation for the property to be acquired, then the acquiring agency, using the appraised fair market value as a basis, may establish an amount which it believes does represent Just Compensation. Agency files must contain documentation and justification for the amount of Just Compensation so established. The City of Yelm was anxious not to extend or fail negotiations with Burlington Northern Sante Fe at the risk of losing this vital rail link, and did not want to want to challenge the BNSF RR in court. Therefore, the City of Yelm decided to settle with the BNSF RR at an amount higher than the Review, as allowed by FHWA, and justified by the value findings in the City's appraisal. t RECOMMENDED: APPR E Shelly A. adger Adao Rivas Yelm Ci Administrator Mayor, City of Yelm Message Page 1 of 1 Shelly Badger From: Carver, Shelley[CarverS@wsdot.wa.gov] Sent: Monday, November 14, 2005 3:48 PM To: Shelly Badger Subject: Administrative Settlement Letter didn't hear from you but decided to avoid the whole issue of the'donation. I was able to find some information in an FHWA manual that I believe is helpful. I'm sending this electronically so that you can make whatever changes you like. Let me know what more you need - Shelley Carver Local Agency Coordinator WSDOT Olympic Region (360) 357-2693 -----Original Message----- From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Monday, October 10, 2005 8:43 AM To: Carver, Shelley Subject: RR Right-of-way Hi Shelley, hope all is well with you. We are applying for a State Enhancement grant for construction of a trail along our railroad. One of the questions involves certification of the right-of-way. Could you give me a status of where we are on ROW cert? Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 11/15/2005 (�v cc� TO: FROM: Administrative Sett ement pproval: Acquisition of the Yelm to Roy Railroad Corridor Amount of Settlement: $163,500 Amount of Determination of Value: $136,500 Total Just Compensation: $300,000 The property acquisition is one parcel consisting of a 4.55 rail corridor acquisition from Q� / Burlington Northern Sante Fe Railroad("the RR".). This corridor was slated for disposal i� NSF, which would sever the freight link between the City of Yelm and the City of `� Roy Preservation of this corridor was vital to the continued economic viability in Yelm's industrial sector. A secondary use planned for the corridor is a Pedestrian/Bike Trail along the track right of way. 41 Prior to negotiations the RR had the property appraised. While they did not share this (p/ appraisal with the city,they insisted that the value of the property far exceeded the City's L appraisal provided by David Evans and Associates and certainly the higher than the Appraisal Review,provided by WSDOT. The RR was unwilling to settle for this lower amount. , �5 P The Appraisal Review's criticism of the City's appraisal was derived from data contained in an appraisal of a different RR corridor, dated three years prior. This is procedurally and arguably acceptable within appraisal standards. However, it could raise questions about the relevancy of the analysis if the resulting value needed to be defended in court. Ur Furthermore,the Reviewers opinion that the original appraiser took the wrong approach to value, and thereby overvalued the corridor, is also an interpretation using the analysis ` from the older appraisal. All appraisals are subjective interpretations of data resulting in �L I opinions of value. However,the strength of any appraisal is the substantive data behind the opinion. Burlington Northern Sante Fe is not a typical property owner who possesses limited ( {� knowledge of real estate values with respect to his or her property. Instead, the RR is far more knowledgeable of the specialized issues of rail corridor value than most appraisers who only occasionally appraise local rail lines. In courtithe RR would produce appraisers who would have expert testimony on railroad market value, and nationwide data to ry defend their opinions. (The RR is known for getting"what they want" for their property The fact that they were willing to settle for an amount close to the City's appraisal can be seen as agreement that the value therein is closer to what the RR believed was a fair U' price. The FHWA Project Development Guide states the following in Chapter 7 Property v f� Valuation: JI 4'u 7.6 The acquiring agency must offer the property owner an amount which it believes to be"Just Compensation", and that amount is to be based on, and no less than,the fair market value of the property as determined by a professionally prepared, reviewed and approved appraisal. There are times when the fair market of the property is not necessarily the "Just Compensation". These situations may occur when the property is unique in nature, when the appraisal, although properly prepared, does not estimate Just Compensation with certainty, or when the appraised fair market value does not adequately measure Just Compensation. If the approved appraisal does not adequately reflect Just Compensation for the property to be acquired,then the acquiring agency, using the appraised fair market value as a basis, may establish an amount which it believes does represent Just Compensation. Agency files must contain documentation and justification for the amount of Just Compensation so established. The City of Yelm was anxious not to extend or fail negotiations with Burlington Northern Sante Fe at the risk of losing this vital rail link, and did not want toWro challenge the RR in court. Therefore,the City of Yelm decided to settle with theat an amount higher than the Review, as allowed by FHWA, and justified by the value findings in the City's appraisal. RECOMMEDED: APPROVED: CITY OF YELM RESOLUTION NO. 402 A RESOLUTION OF THE CITY OF YELM, ESTABLISHING RIGHT-OF-WAY ACQUISITION PROCEDURES, APPRAISAL WAIVER PROCEDURES AND DESIGNATING STAFF AUTHORITY LIMITS IN MAKING ADMINISTRATIVE SETTLEMENT OFFERS. WHEREAS, City of Yelm, desiring to acquire Real Property in accordance with the State Uniform Relocation Assistance and Real Property Acquisition Act (Ch. 8.26 RCW) and State Regulations (Ch. 468-100 WAC) and applicable Federal Regulations hereby adopts the following procedures to implement the above statutes and Washington Administrative Code, and WHEREAS, the City Administrator is responsible for the real property acquisition and relocation activities on projects, administered by the City of Yelm, and WHEREAS, to fulfill the above requirements, the City Administrator will acquire rights-of- way in accordance with the policies set forth in the Washington State Department of Transportation (WSDOT) Right of Way Manual(M26-01) and Local Agency Guidelines Manual (M36-6), and WHEREAS, the following Right-of-Way Acquisition Procedures appoints staff responsible for the various elements of the right-of-way acquisition process, and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Yelm that the City adopt the following Right-of-Way Acquisition Procedures, Appraisal Waiver Procedure and Administrative Settlement Offer Authority Limits for the acquisition of real property: Section 1. Right-of-Way Procedures. City of Yelm has the following expertise and personnel capabilities to accomplish these functions: A. Program Administration - City Administrator Project Managers B. Appraisal - WSDOT and/or Consultant C. Appraisal Review- WSDOT and/or Consultant D. Acquisition Negotiator- WSDOT and/or Consultant City of Yelm Resolution No.402 Page 1 E. Relocation - WSDOT and/or Consultant F. Property Management - Public Works Supervisor/City Engineer Project Managers Any functions for which the Agency does not have staff will be contracted for with WSDOT, another local agency with approved procedures or an outside contractor. An AGENCY that proposes to use outside contractors for any of the above functions will need to work closely with the WSDOT Local Agency Coordinator and Highways and Local Programs to ensure all requirements ar&met. When the AGENCY proposes to have a staff person negotiate who is not experienced in negotiation for FHWA funded projects the Coordinator must be given a reasonable opportunity to review all offers and supporting data before they are presented to the property owners. Section 2. City of Yelm Appraisal Waiver Procedure. The City of Yelm desiring to acquire Real Property according to 23 CFR, Part 635, Subpart C and State directives and desiring to take advantage of the $10,000.00 appraisal waiver process approved by the Federal Highway Administration for Washington State, hereby agrees to follow the procedure approved for the Washington State Department of Transportation as follows: RULES A. The City of Yelm may elect to waive the requirement for an appraisal if the acquisition is simple and the compensation estimate indicated on the Project Funding Estimate (PFE) is $10,000.00 or less including cost-to cure items. B. The Agency must make the property owner(s) aware that an appraisal has not been done on the property and that one will be completed if they desire. C. Special care should be taken in the preparation of the waiver. As no review is mandated, the preparer needs to assure that the compensation is fair and that all the calculations are correct. PROCEDURES A. An Administrative Offer Summary (AOS) is prepared using data from the Project Funding Estimate (PFE.) B. The AOS is submitted to the City Administrator or their designated representative for approval. C. The City Administrator signs the AOS authorizing a first offer to the property owner(s). City of Yelm Resolution No.402 Page 2 Just Compensation includes amounts for the value of the lands and improvements acquired for the project, uneconomic remnants, damages, and deductions for special benefits. Section 3. Administrative Settlement Offer Authority limits. Administrative settlements may be required, in addition to Just Compensation in order to acquire needed Right-of-Way. Administrative Settlements can help mitigate or eliminate costly condemnation litigation and project construction schedule delays. The Project Parcel Negotiation Diary shall contain rationale,justification and/or documentation for the Settlement Offer. The authority granted to City officials to provide Administrative Settlement Offers is as follows: A. Acquisition Negotiator A counter-offer of Just Compensation plus an Administrative Settlement up to 20%of the Just Compensation, or$5,000.00, whichever is less. B. Project Manager A counter-offer of Just Compensation plus an Administrative Settlement up to 30%of the Just Compensation, or$10,000.00, whichever is less. C. City Administrator A counter-offer of Just Compensation plus an Administrative Settlement up to 50%of the Just Compensation, or$15,000.00, whichever is less. D. City of Yelm City Council Members A counter-offer of Just Compensation plus an Administrative Settlement exceeding 50%of the Just Compensation, or a counter offer of Just Compensation plus an Administrative Settlement of$15,000.00, or greater. Section 4. All projects shall be available for review by the Federal Highway Administration and the State of Washington at any time. All project documents shall be retained and available for inspection during the plan development, right of way and construction stages and for a three (3) year period following acceptance of the projects by WSDOT. Section 5. WSDOT approval of City of Yelm's procedures, contained herein, may be rescinded at any time should City of Yelm be found to no longer have qualified staff or is found to be in non-compliance with applicable WSDOT regulations. The rescission may be applied to all or part of the functions approved. City of Yelm Resolution No.402 Page 3 APPROVED this 92& day of �Uj-, , 2000. Kathryn M. Wolf, Mayor IV ATTEST: Agrigs P. Bennick, City Clerk/Treasurer City of Yelm T:,n,strato r Selly Ba er Date Acknowledged by: Washington State Department Date of Transportation Representative City of Yelm Resolution No.402 Page 4 901 Rhoton Road PO Box 479, Yelm,WA 98597 Phone: (360)458-8410 CITY OF YELM Fax:(360)458-8417 Public Works Department rmax To: �Cjkl � From: Fax: Pages: Phone: Date: Re: CC: ❑ Urgent ❑ For Review ❑Please Comment ❑Please Reply ❑Please Recycle • Comments: NOV-14-2005 MON 04;54 PM REAL ESTATE SERVICES FAX NO. 360 357 2629 P. 01 Washr► . DeparI enton o Tr Facsimile Transmittal •� pepar�tment of Transportation DATE Timm; 0.OF 1S(InaL'iransj f I I �.� �� ❑ Call for Pickup ❑ Deliver TO LOCATION II "--' LOCATION VOICE pHDNE NO. FAX PHONE PIO. volcE PHONE NO. FAX PHONE NO. COMMEW9 I , NOTICE: Some fax machines produce copies on thermal paper. The image produced is highly unstable and will deteriorate sibnificantly in a few years. This record should be copied on a plain paper copier prior to filing as a record. D Q T Fenn 700-050 EF i Revised 0184 I i i I •1 i NOV-14-2005 15:52 360 357 2629 96% P.01 NUV-14-2UUb MUN U4:b4 NM REAL ESTATE SERVICES FAX N0, 360 357 2629 P. 02 Alllft 'Washington State Department of Transportation V// DETERMINATION OF VALUE NO. 1 1'xrcd Nu.'Yelm to Roy Ce ment/Yehn Branch Line Federal Aid No. F- Prgiect: Northern Pacific Prairie Littedyelm Branch Line, Thurston and Pierce Cnunties,Washington- TO: G.Gallinger,Director,Iteul Estate Services Man: Nmre Ivlap Sheet NA FROM:_Lwwrence W.Turnbull,Review Appraiser Map Approval bate; NA Phe follotiihig a rrtlsals havt been mode,nn the:suGject r0 Jerry; APPRA.ISER'S ALI..00ATION APPRAISER DATE OF BEFORE A?TER CORRIDOR TAI�tNG DAMAGES . VALUATION VALUE VALUE VALUE I.B.Brown/ 12/.15/99 $366,000 $0 $366.000 5366.000 $-0- W.Werner The follolving determinations of vaiste have been made on the subject property: REVIEW APPRAISE' AMOUNT DATE REV.AMOUNT DATE REV.AMOUNT DATE E None (1) ('_) Reviewers inspection and analysis:List buildings,structures, fixtures and improvements to be acquired. Explain variances,if any, between reviewer's findings and appraisal(s). Use back if needed. The appraisal problem is a 71.51-acre total acquisltlon of a 4.55-mile Burlington Northern Santa Fe railroad corridor. This appraisal is a Summary Narrative Appraisal Report,containing a Market Date Approach. I have inspected the subject on 8/2104.An extraordinary assumption extends market data to this review from G.Mackey's 6111196 appraisal of Sale 2 for the Port of Chehalis.The appraisal covered Tracts A, B,and C,and the Option Parcel of the"Chehalis Western Railroad Line Connecting Chehalis to Curtis:' The subject is an operating railroad.Abandonment leads to the Net Liquidation value of Improvements. As the appraisal lacks Net Liquidation Value and across the fence estimates, It supports a corridorvalue,not a market value,conclusion. Rail weight and quality are decisive in estimating Net Liquidation Value. As the subject's rails may weigh only half as much as the welded"ribbon" rails of Sale 1,Ray Allred of the WSDOT Rall Branch believes Sale 1 Is not comparable to the subject. A corridor sale exists when corridor values exceeds both Net Liquidation Values and across the fence values. Page 34 states that the$80,321/mile corridor value of Thurston County Sale 4 is less than the across the fence value: fence appraisals,one for BNSF,the other for Thurston This sale was negotiated from two across the County. The agreed value was less than the-two appraisals." (Italires added.) Across the fence values for$75,0001mile Thurston County Sale 5 are lacking to show that corridor values result in higher prices. Net Liquidation Value evidence is absent to establish that the prices of Sales 4,5 represent corridor values. Port of Chehalis Sale 2 is 10.22 miles long,per G.Mackey. The total price of$350,000 includes additional real estate purchased for$40,000,according to the appraisal's Owner Contact. Across the fence land values are$2,000/acre. Sale 2 sets the lower end of railroad corridor prices at$30,0001mile.Sale 2 contains a Net Liquidation Value estimate. Adjacent Tacoma Sale 3 has 75 miles at$30,667 per mile, per G.Mackey. Across the fence values for are$2465/acre. Based on Sale 2,and supported by Sale 3,the subject's railroad corridor is valued at$30,000/mile,or$136,500 for 4.55 miles. My value findings and appraisal review conclusions are as follows: RailroadCorridor Valu®: 4.55 Mile Railroad $30,000/ Mile= 136 500. Reviewer's allocation: REVIEWER'S DETFIRMINATION OF VALUE: VALUE BEFORE ACQUISITION $136,500 Acquisition $136,500 VALUE AFTER ACQUISITION $0 Damages NA CORRIDOR VALUE: $136.500 AS OF 12115199 ,NOV-14-2005 15:52 360 357 2629 97% P.02 NOV-14-2005 MON 04:54 PM REAL ESTATE SERVICES FAX N0, 360 357 2629 P. 03 appraiser,certify that,to the best of my Knowledge and belief: the facts and data reported by fife review appraiser And used in the review'process are true and correct- it the facts and daTAopinrep and conclusions ytheevi w apps review report are limited only by the assumptions and limiting conditions stated in this review'report, opinions and are m'personal,unbiased professional anAlyses,opinions and conclusions. • I hr,vc no prnmtt it prospective intm'crt.in the proprny umr ix the iuhieer of Chic report and i have no li roonni interest or hies with respccl hi rhe partici Nrvolaed, ♦ my compensation ie 110'k contingent on AD action or ovenT 1'estllt{ng from the unal.w-,0011ions,or rori6usions in,or the use of,this,review report. my wlolyses,opinions,mid�oncltLtione wore doveloped a,id this review rcpon wns}mpered in uonfomriiy with the Uniforni Appraisal Smndnrtls InrT+uderol Land l cquisiriBn The Jurisdictional Dception to USPAP is invnited per Section D-1 of tlit:Uniform Appraisal Standards for Federal Land Acquisition. • I did personally inspgct the subject property of'the report under review on 8/2104, no one provided spgnificallt professponal assistance to the persoll si{rnhlg this review report I furtber certify that I Anderstand tbt:determination is to be used in conjunction with a Federal aid project:a.nd becaust:of items eompen::able 4� ment,N0 L of the apprmled value is ineligible fol-Federal reimbursement. under State law,b'llt not eligible for Federal reimburse ;a ,5ign�twre ,, ua•� Review Apprsiiscr, lnshinSt�SMte1.)epa1-L1l1c1)ton of Transpo tion Wuehinginn Stafc-Certified pcndral real estate appriiscr certif rsic number: 270-11 TURNBL:1.100755 Dam 8l16/04 Sent By: Mackay Appreieal; 380 944 9967; J01-28-04 15:49; Wage 1/1 GAR Y C. -3M CKEY Red ,544&rls"Uilely, tad RevdeuA sok 'e9S July 28, 2004 Mr, Larry Turnbull Review Appraiser Washington State Department of Transportation Subject Port of Chehalis Rail Road Appraisal Report Dear tarry, This is in response to your recent request. You have my permission to utilize any portion of my appraisal report on the above-property, including information on the subject property, comparable sales data, and value conclusions. If I may be of additional help, please let me knvn- Sincerely, Gary G. Mackey NOV-14-2005 15:52 360 357 2629 96% P.03 Message Page 1 of 2 Shelly Badger' From: Shelly Badger Sent: Monday, October 03, 2005 9:40 AM To: Stephanie Ray Subject: RE: ROW Certification Yes, I will, I will let you know the status when I talk with her. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Stephanie Ray Sent: Monday, October 03, 2005 9:39 AM To: Shelly Badger Subject: RE: ROW Certification Ahhh ok that is right she did get re-married — I am remembering it all now! This does seem like the never ending project doesn't it? Ok, our deadline is Oct. 31St. However, not all is lost......I will put on the application that all right of way is 'secured'which is true. We will then have to get the'certification' prior to any work being done(if we get the grant). I know Brian Moorehead was on this 'certification' kick a couple of years ago when we were thinking of doing the trail head with David Evans, so I am sure it has to be 'certified' prior to any work going on. 1 wouldn't anticipate work actually being done until June of 2006, however, let's try to get the certification done ASAP just to be safe. Can you contact her? From: Shelly Badger Sent: Monday, October 03, 2005 9:28 AM To: Stephanie Ray Subject: RE: ROW Certification It is Carver, she remarried. sb Shelly Badger Yelm City Administrator shellyb a@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Stephanie Ray Sent: Friday, September 30, 2005 1:09 PM To: Shelly Badger Subject: FW: ROW Certification 10/3/2005 Message Page 2 of 2 Oh, I think her name is Shelly Kobza? I have Carver stuck in my memory from somewhere? From: Stephanie Ray Sent: Friday, September 30, 2005 1:07 PM To: Shelly Badger Subject: ROW Certification Hi Shelly, I can't remember if we ever officially got our right of way"certified" by WSDOT? I know Shelly Carver was working on this but honestly I can't remember where it is at this point? For some reason I want to say that it did get done? Do you have a copy of that somewhere? On the 'state enhancement grant application' I need to identify that the ROW certification process has been complete on our initial purchase? s 10/3/2005 t AMIL Washington State Department of Transportation DETERMINATION OF VALUE NO. 1 Parcel No.Yelm to Roy Sesment/Yelm Branch Line Federal Aid No. F- 01 Project: Northern Pacific Prairie Line,/Yelm Branch Line, Thurston and Pierce Counties,Washington_ TO: G.Gallinger,Director,Real Estate Services May: None Map Sheet NA FROM:Lawrence W.Turnbull,Review Appraiser Map Approval Date: NA 7befollowingagappraisals have been made on the subject property APPRAISER DATE OF BEFORE AFTER CORRIDOR APPRAISER'S ALLOCATION VALUATION VALUE VALUE VALUE TAKING DAMAGES 1.13.Brown/ 12/15/99 $3669000 $0 $366,000 $3669000 $-0- W.Werner The following determinations of value have been made on the subject property: REVIEW APPRAISER AMOUNT DATE REV.AMOUNT DATE REV.AMOUNT DATE None (1) (2)$ Reviewers inspection and analysis:List buildings,structures,fixtures and improvements to be acquired. Explain variances,if any, between reviewer's findings and appralsal(s). Use back if needed. The appraisal problem is a 71.51-acre total acquisition of a 4.55-mile Burlington Northern Santa Fe railroad corridor: This appraisal is a Summary Narrative Appraisal Report,containing a Market Data Approach. I have inspected the subject on 8/2104.An extraordinary assumption extends market data to this review from G.Mackey's 6/11/96 appraisal of Sale 2 for the Port of Chehalis.The appraisal covered Tracts A,B,and C,and the Option Parcel of the"Chehalis Western Railroad Line Connecting Chehalis to Curtis." The subject is an operating railroad.Abandonment leads to the Net Liquidation value of improvements. As the appraisal lacks Net Liquidation Value and across the fence estimates, it supports a corridorvalue, not a market value,conclusion. Rail weight and quality are decisive in estimating Net Liquidation Value. As the subject's rails may weigh only half as much as the welded"ribbon" rails of Sale 1, Ray Allred of the WSDOT Rail Branch believes Sale 1 is not comparable to the subject. A corridor sale exists when corridor values exceeds both Net Liquidation Values and across the fence values. Page 34 states that the$80,321/mile corridor value of Thurston County Sale 4 is less than the across the fence value: 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." (Italics added.) Across the fence values for$75,000/mile Thurston County Sale 5 are lacking to show that corridor values result in higher prices. Net Liquidation Value evidence is absent to establish that the prices of Sales 4,5 represent corridor values. Port of Chehalis Sale 2 is 10.22 miles long, per G. Mackey. The total price of$350,000 includes additional real estate purchased for$40,000,according to the appraisal's Owner Contact. Across the fence land values are$2,000/acre. Sale 2 sets the lower end of railroad corridor prices at$30,000/mile. Sale 2 contains a Net Liquidation Value estimate. Adjacent Tacoma Sale 3 has 75 miles at$30,667 per mile,per G.Mackey. Across the fence values for are$2465/acre. Based on Sale 2,and supported by Sale 3,the subject's railroad corridor is valued at$30,000/mile,or$136,500 for 4.55 miles. My value findings and appraisal review conclusions are as follows: Railroad Corridor Value: 4.55 Mile Railroad @ $30,000/ Mile= $136,500. Reviewer's allocation: REVIEWER'S DETERMINATION OF VALUE: VALUE BEFORE ACQUISITION $136,500 Acquisition $136,500 VALUE AFTER ACQUISITION $0 Damages NA CORRIDOR VALUE: $136,500 AS OF 12/15/99 I,V. review appraiser,certify that,to the best of my knowledge and belief: the facts and data reported by the review appraiser and used in the review process are true and correct. aw the analyses,opinions,and conclusions in this review report are limited only by the assumptions and limiting conditions stated in this review report, opinions and are my personal,unbiased professional analyses,opinions and conclusions. s I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. my compensation is not contingent on an action or event resulting from the analyses,opinions,or conclusions in,or the use of,this review report. my analyses,opinions,and conclusions were developed and this review report was prepared in confomrity with the Unifomr Appraisal Standards for Federal Land Acquisiti8n The Jurisdictional Exception to USPAP is invoked per Section D-1 of the Uniform Appraisal Standards for Federal Land Acquisition. • I did personally inspect the subject property of the report under review on 8/2/04. • no one provided significant professional assistance to the person signing this review report. I further certify that I understand the determination is to be used in conjunction with a Federal aid project and because of items compensable under State law,but not eligible for Federal reimbursement,NONE of the approved value is ineligible for Federal reimbursement. Signature ` Review Appraiser,Washington State Department of Transpor tion Washington State—Certified general real estate appraiser certificate number: 270-11 TURNBL 1100755 Date 8/16/04 Sent By: Mackey Appraisal; 360 944 9967; Jul-28-04 15:49; Page 1/1 GAR Y G. M4 CKEY Red Sam gAgMi n "d ReaseW AAO=;4M July 28, 2004 Mr. Larry Turnbull Review Appraiser Washington State Department of Transportation Subject: Port of Chehalis Rail Road Appraisal Report Dear Larry, This is in response to your recent request. You have my permission to utilize any portion of my appraisal report on the above property, including information on the subject property, comparable sales data, and value conclusions. If I may be of additional help, please left me know. Sincerely, Gary G. Mackey L Page 1 of 1 ShellX Badger 1 / From: "Shelly Badger" <shellyb@ci.yelm.wa.(elm.wa.us> To: "Carver, Shelley" <CarverS@wsdot.wa Cc: "Stephanie Conners" <stephaniec@ci. Sent: Wednesday,April 14, 2004 9:33 AM Attach: D ia ryofR R info priorto pu rchase.doc Subject: RR Diary Shelley, I am attaching a revised version of the the RR diary for the City's acquisition of the Yelm-Roy Prairie Line. We have added the header with project information, however, did not change the content format of the diary, as the nature of the negotiation was in the form of letters and e-mails versus meeting with property owners. Let me know if this is adequate and if so, I will sign the Negotiator's Disclaimer and mail it to you. Shall I date the disclaimer closer to the end of the negotiation process versus current? Thanks, Shelly Shelly Badger Yelm City Administrator P.O. Box 479, Yelm, WA 98597 360-458-8405 shellyb@ci.yelm.wa.us C1,1/1,-(- ?.P4'1'�-E',ll-� �� 1�- 4� ��- �'�.�,� �fW�� - US-k— D - -� t ox ob RC2 t�J� f G(V1 cf S , �,ff q rG� (iueL �G,�wwvf� � c++� I � wA-j)k�� i,--u SLS -tb ITova 4/14/2004 CITY OF YELM DIARY OF RIGHT OF WAY ACTIVITIES I X ACQUISITION RELOCATION ASSISTANCE PROPERTY MGMT. PROJECT DESCRIPTION: PARCEL NO. NUMBER BN Railroad Corridor RR-01 L.A. NO. FED.AID NO. MAILING ADDRESS OF SUBJECT: NAME: LA-4153 STPR-1495 PO Box 479 Shelly Badger 001 Yelm WA 98597 RMI NO. LOCATION OF SUBJECT: PHONE NO. Yelm to Roy 360-458-8405 1. December 1997 — copy of letter dated 12/10/97 from Ken Garmann, City of Yelm (COY) Public Works (PW) Director to Richard Batie of Burlington Northern Santa Fe Railway Company (BNSF) regarding the Roy to Yelm short-line. 2. December 1997 — copy of letter dated 12/15/97 from Dennis Matson, Executive Director of the Economic Development Council (EDC) of Thurston County, to F.E. Kalb and James J. O'Neil of BNSF regarding the short-line between Yelm and Roy. 3. December 24, 1997 — copy of letter from Ken Garmann, COY PW Director, to the US Department of Transportation Washington D.C. — asking that an operational rail link be preserved between Yelm and Roy, to enable the development of alternative multi-modal freight transport as a regional link to larger markets. 4. January 21, 1998 — Brainstorming session/meeting held to notify property owners in the Yelm Industrial Area, as well as the Port of Olympia, the Economic Development Council of Thurston County, US Forestry Service, WSDOT, Yelm School District, local businesses, elected officials and others of the possible purchase of the Burlington Northern Santa Fe (BNSF) rail spur into Yelm. (Held at UCBO/Yelm Community Services meeting room.) 5. January 29, 1998 — copy of Daily Olympian news article in the Business section, titled: "Yelm rushes to keep vital railroad line connected." 6. February 1998 — copy of Daily Olympian news article, dated 2/2/98 — in the "Opinion" section, titled: "Yelm must work to save rail line." i Page 1 of 8 7. February 1998 — copy of letter dated 2/9/98 from Nick Handy, Executive Director of the Port of Olympia —to BNSF President/CEO Robert Krebs in support of BNSF surplusing the Roy to Yelm short- line segment of rail. 8. March 3, 1998 — Second meeting of the Rail Spur group — held at the Prairie Hotel Conference Room. 9. March 1998 — copy of letter dated 3/16/98 from Jeffrey R. Moreland of BNSF, to Yelm Chamber of Commerce — stating: "we understand and appreciate your interest in this matter" (re: BNSF rail line between Roy and Yelm.) 10. April 1998 — copy of EDC program from "Economic Update Luncheon" held on April 15, 1998, at St. Martin's College- Worthington Center. In the program, page 5, - under "1998 EDC Key Objectives" it lists: "Assist the City of Yelm and light industrial property owners in retaining the Burlington Northern Santa Fe rail line serving the Yelm industrial area" as one of its "key objectives." 11 . April 1998 — copy of Tacoma News Tribune (TNT) news article, dated April 23, 1998, titled: "Yelm eyes 4.5 miles of rail line to Roy." 12. Spring 1998 — copy of "EDC Update" newsletter article—titled: "Yelm acts to save rail access." 13. July 7, 1998 — Rail Spur meeting held, at the Prairie Hotel Conference Room. 14. July 1998 — copy of letter dated 7/10/98 from Ken Garmann, COY PW Director to Jerry M. Johnson of BNSF, regarding Yelm to Lakeview short-line. 15. July 1998 — copy of memo dated 7/29/98 from Ken Garmann, COY PW Director to Harold Robertson, regarding Yelm to Lakeview BNSF. 16. September 1998 — copy of letter dated 9/3/98 from Ken Garmann, COY PW Director, to Thurston Regional Planning Council (TRPC), RE: Meritorious Grant application for the Yelm to Lakeview BNSF Branch Line Acquisition. Page 2 of 8 ........................... »<>`;'A. 111E <>> >>»>> << > ''<< << `< ''< ``< <i< > <<<<> 17. September 1998 — copy of letter of support, dated 9/18/98 —from United States Senator Slade Gorton to the City of Yelm Mayor Kathryn Wolf— in support of the City of Yelm's project proposal that will further transportation in Thurston County, using TEA-21, Section 1221 funding. 18. Date ?? — copy of letter of support from TRPC Chairperson Judy Wilson to Gene Fong, Division Administrator at the Washington State Division Office of the Federal Highway Administration. 19. September 29, 1998 — Rail Spur meeting held, at the Prairie Hotel Conference Room; Stephen L. Day, Attorney from Betts Patterson & Mines, PS (retained by City of Yelm) present for meeting. 20. November 9, 1998 —Yelm City Council special study session meeting, at Roy Community Center, Roy WA— presentation to the Yelm and Roy Councils concerning the possible acquisition of the BNSF short-line between Yelm and Lakewood. 21 . November 1998 — copy of letter dated November 9, 1998 from City Attorney, Sandy Mackie —advising on the formation of the Rail Advisory Committee. 22. November 10, 1998 — copy of Agenda with agenda Item for the 11/10/98 TRPC meeting — "Regional Rail Initiatives" — "the City of Yelm is seeking to preserve the Yelm-Roy segment as an operating line due to the importance of freight rail in attracting and retaining quality manufacturing businesses." 23. November 24, 1998 — City of Yelm Resolution No. 379 approved and adopted by the Yelm City Council — "A Resolution to state the guiding principles for the acquisition and use and operational oversight of the railroad branch line, the Yelm Branch Line, currently owned by the BNSF Railway Company; to create a Rail Advisory Committee to advise the city on the use, operation and development of the acquired property; and to provide guidance to the Director of Public Works on how to proceed." 24. Date ?? — copy of Daily Olympian news article, dated sometime in 1998 — titled: "Yelm works on deal to run rail line." 25. Date ?? — copy of TNT news article, dated sometime in 1998 — titled: "Burlington Northern reportedly intrigued by Yelm bid." Page 3 of 8 ....... ............................................... <�4. TOTES> < > > >>< > »> <>'> >`< < ' > > > > ! 26. Date ?? — copy of Daily Olympian news article, dated sometime in 1998 —titled: "Yelm moves to purchase railroad line." 27. February 1999 — copy of letter dated 2/2/99 from Ken Garmann, COY PW Director to Richard Batie of BNSF, regarding "Prairie Line" Yelm to Lakeview. 28. March 1999 — copy of letter dated 3/16/99 from Ken Garmann, COY PW Director to Joe Williams regarding TRPC/STP TEA-21 Grant for Yelm to Lakeview BNSF Branch Line Acquisition. 29. March 1999 — copy of letter dated 3/26/99 from Ken Garmann, COY PW Director to Richard Batie of BNSF, regarding Prairie Line —Yelm to Lakeview. 30. March 30, 1999 — Rail Committee Meeting held at the Yelm Prairie Hotel Conference Room. 31 . May 11, 1999 — Rail Advisory Committee (RAC) meeting held at the offices of Yelm Prairie Development Company, Yelm. 32. December 1999 — copy of Staff Report dated 12/2/99 from Ken Garmann, COY PW Director to Yelm Mayor and City Council, recommending City Council approve awarding contract to David Evans & Associates, Inc. (DEA, Inc.) to have them complete an appraisal, which must be done to meet federal requirements for T- 21 STP funds allocated through Thurston Regional Planning Council for the acquisition of the Roy to Yelm "Prairie Line." 33. December 1999 — copy of Complete Appraisal Report, dated 12/15/99 — of the Yelm to Roy segment of the old Northern Pacific Prairie Line/Yelm Branch Line — prepared by DEA, Inc. 34. March 2000 — copy of report dated 3/1/00 on the Pedestrian/Bike Trail Conceptual Design — (for area adjacent to the existing BNSF rail line that runs between the COY and the City of Roy.) 35. March 2000 — copy of letter dated 3/1/00 from Ken Garmann, COY PW Director to Richard Batie of BNSF, regarding acquisition of the "Prairie Line." Page 4 of 8 ....:.... ;::> 36. June 2000 — copy of letter dated June 15, 2000 from Richard Batie of BNSF to Shelly Badger, COY City Administrator (CA) with attachment regarding a draft contract for the transfer of the Roy to Yelm line from BNSF to the City of Yelm. 37. June 19, 2000 — RAC meeting held. 38. June 2000 — copy of fax dated 6/28/00 from Steve Day, of Betts, Patterson & Mines, PS —to Shelly Badger, COY CA, regarding, comments on BNSF's contract-draft agreement regarding donation of rail line. 39. July 2000 — copy of faxed letter dated July 10, 2000 from Taro Kusunose, of Betts, Patterson & Mines, PS —to Shelly Badger, COY CA, regarding Draft Yelm to BNSF letter regarding Draft Agreement. 40. August 2000 — copy of letter dated 8/23/00 from Taro Kusunose, of Betts, Patterson & Mines, PS, to Shelly Badger, COY CA, regarding BNSF—Yelm transaction. 41 . August 2000 — copy of fax/memo dated 8/24/00 from Taro Kusunose, of Betts, Patterson & Mines, PS, to Shelly Badger, COY CA, regarding an extension of time on the BNSF/Yelm transaction. 42. August 2000 — copy of letter dated 8/28/00 from Shelly Badger COY CA to Richard Batie of BNSF, regarding BNSF — COY Transfer of Roy to Yelm line requesting a 60 day extension of time for the COY to negotiate with BNSF on the transfer of ownership of the Yelm to Roy line. 43. August 2000 — copy of letter dated 8/30/00 from Richard Batie of BNSF to Shelly Badger, COY CA granting the 60 day extension of time on the transfer of the Roy to Yelm line transaction. 44. September 2000 — copy of letter dated 9/22/00 from Shelly Badger, COY CA to Richard Batie of BNSF, regarding the Draft Agreement for the transfer of the Roy to Yelm line from BNSF to the COY. 45. October 2000 — copy of letter dated 10/9/00 from Dennis W. Wilson, Attorney for BNSF, to Shelly Badger, COY CA— regarding the "Yelm Rail Corridor Donation Contract" along with a copy of the Draft "Agreement for Donation of Certain Assets, Rights and Obligations of the BNSF Railway Company to the City of Yelm. Page 5 of 8 46. October 2000 — copy of letter dated 10/16/00 from Taro Kusunose of Betts, Patterson & Mines, PS —to Shelly Badger, COY CA— regarding comments on BNSF's October 9, 2000 response letter. 47. October 2000 — copy of letter dated 10/18/00 from Shelly Badger, COY CA—to Dennis W. Wilson, Attorney for BNSF, regarding Roy- Yelm corridor donation contract. 48. October 2000 — copy of emails dated October 27-30, 2000 between Taro Kusunose, Betts, Patterson & Mines PS, and Shelly Badger, COY CA, regarding Draft letter to BNSF counsel and Addendum closing information. 49. October 2000 — copy of letter dated 10/31/00 from Shelly Badger, COY CA— to Dennis W. Wilson, Attorney for BNSF, regarding Roy- Yelm rail corridor donation contract —with copy of agreement. 50. October 2000 — copy of letter dated 10/31/00 from Dennis W. Wilson, Attorney for BNSF —to Shelly Badger, COY CA, regarding BNSF parcel sale to City of Yelm, Washington. 51 . November 2000 — copy of letter dated 11/1/00 from Dennis W. Wilson, Attorney for BNSF —to Shelly Badger, COY CA, regarding Roy-Yelm rail corridor donation. 52. November 2000 — copy of letter dated 11/2/00 from Dennis W. Wilson, Attorney for BNSF —to Taro Kusunose, of Betts, Patterson & Mines, PS, regarding BNSF parcel sale to City of Yelm. 53. November 2000 — copy of emails dated 11/3 & 11/6 between Taro Kusunose, Betts, Patterson & Mines, PS — and Shelly Badger COY CA, regarding real estate agreement/closing. 54. November 2000 — copy of letter dated 11/8/00 from Shelly Badger, COY CA to Richard Batie, BNSF Shortline Development Manager, regarding Roy-Yelm rail corridor donation contract and real estate purchase and sale agreement. 55. November 2000 — copy of letter dated 11/15/00 from Shelly Badger, COY CA to Richard Batie, BNSF, regarding Roy-Yelm rail corridor closing (with a check in the amount of$300,000.) Page 6 of 8 :.::.::.::.::.::.::.::.::.;:.;:.;:.:.;:.::::<:.;:.;:.;;:. 56. November 2000 — copy of letter dated 11/16/00 from Richard Batie, BNSF to Shelly Badger, COY CA regarding two copies of the "Assignment of Rights under Contract to Real Estate" covering the transfer of the Real Estate portion of the line sale to the City of Yelm. 57. November 2000 — copy of press release, dated 11/21/00: "As of 12:01 AM, November 17, 2000, the City of Yelm acquired the 4.55 mile portion of BNSF rail line from Yelm to Roy. The acquisition concludes discussions and negotiations with BNSF that began in the Fall of 1998 when the City of Yelm learned that the section of rail was being considered for abandonment. Since that time, the City formed a Rail Advisory Committee to recommend policy and aid in negotiations with BNSF." Page 7 of 8 NEGOTIATOR'S DISCLAIMER • The written agreement embodies all considerations agreed to by the negotiator and the property owner. • The negotiator understands that the acquired property is for use in connection with a federal aid transportation project. • The negotiator has no direct or indirect interest in the property or in any monetary benefit from its acquisition, at present or in the future. • The agreement has been reached without any type of coercion. Shelly A. B dger, City of Y? Date City Admi strator Negotiator Page 8 of 8 Page 1 of 1 Dana Spivey From: "Shelly Badger" <shellyb@ci.yelm.wa.us> To: "Dana Spivey" <danas@ci.yelm.wa.us> Sent: Monday, March 29, 2004 4:33 PM Attach: Diary.doc Subject: Fw: BNSF RR purchase diary Good afternoon Shelly, Thank you for the diary -we're getting closer to certification! Just a few things we'll need to do: Please refer to the LAG Manual in Chapter 25.13(Document Retention) It describes the format and information we need to see in the diary. We also need a written Negotiator's Disclaimer, which should come after the diary and above the signature. It can be found in Chapter 25.07, paragraph 10, bullet points a. -d. Attached is the link to Chapter 25 and the diary form that we use at WSDOT. If you use this format,the diary will have all the project and owner information you're missing (plus the Disclaimer you'll add at the end), which includes signature(s) of the negotiator(s). The body of the diary you're already prepared can be inserted into the form. Are the copies of the documents and letters referenced in the diary in your file, and available for review? vv,vv-54,&h vvc� IT�I- o L r i J � 4/2/2004 General Project Development Chapter 25 Right of Way Procedures a. Property records showing: airspace may be put to various public and private uses,such as 1. An inventory of all improvements acquired as a part of parks,play areas,parking,etc.,as long as it is a proper operation the right-of-way; and does not impose a safety hazard on the traveling public. 2. An accounting of excess properties acquired with Where an acquiring agency has acquired sufficient legal right, FHWA funding; title,and interest in the right-of-way of a highway on a federal aid system to permit the use of certain airspace,the right to 3. An accounting of the property management expenses temporary or permanent occupancy or use of such airspace and the rental payments received;and may be granted by the state subject to prior FHWA approval. 4. An accounting of the disposition of improvements and If the use of airspace is contemplated,the Region LA the recovery payments received. Coordinator should be contacted for more detailed policies b. Methods for accomplishing the clearing of right-0f--way and procedures that must be considered. when such clearance isp separately erformed se aratel from the -- Document= Retention" control for the physical construction of the project. ` €'r -25:1`3 The acquiring agency shall maintain all records of its right-of- i c. The methods for managing the rodent control program. i'; way actions for at least three years after payment of the final d. The methods for employing private firms or public voucher to demonstrate compliance with 49 CFR Part 24.In f agencies for the management of real property. addition,a diary must be maintained wherein each individual involved in a relocation,negotiations,or property management e. Tlne methods for accomplishing the disposition of III function shall enter and initial a suitable description of each improvements through resale,salvage,owner retention, contact and other information concerning that functionrEach or other means. i, t entry-shall-clearly-show the�month,day,and year of�tlie=coritaci:; the-nameof-6f -iifdiviilual-who•made-such-contact;and-tlie If the agency permits an owner or tenant to occupy the real i 11, property acquired on a rental basis for a short term or for a name(s)of the.individual(s)=contacted:Upon-request,=the a{ period subject to termination by the agency on short notice, k i Region LA Coordinator will provide explanations and/or the amount of rent required shall not exceed the fair rental ;; coun as to what are considered adequate records_ value of the property to a short-term occupier. Property management25.14 Appendixes activities shall be handled in a manner CL /C� consistent with the public interest and designed to reflect the 25.142 Right-of-Way Procedures 421 �n maximum long-range ublic benefit. 1 p 25.143 Right-of-Way Project Funding Estimate Sample J The agency is responsible for the preservation of the 25.144 True Cost Estimate Sample / improvements and for reasonable safety measures when it has acquired ownership and possession of the property. 25.145 Appraisal Report Forms(Sample) Should rights-of-way acquired with FHWA funds become 25.146 Appraisal Waiver Procedure(Sample) excess,they may be disposed of only after FHWA approval.If 25.147 Review Appraiser Form(Sample) G� the disposal is to a private party,the agency must determine fair market value(either through the appraisal process or by public 25.148 Donation Statements(Sample) sale),and either credit FHWA for its share of the net proceeds 25.149 Certification#1 (Sample)—All Right-of-Way of the sale or use the Federal share of the net proceeds for Acquired G� activities eligible for funding under Title 23 of the United States Code for transportation purposes.A disposal may be made to a 25.150 Certification#2(Sample)—Right to Occupy All governmental agency for a public use without charge,and no Right-of-Way Acquired credit to FHWA is required. 25.151 Certification#3(Sample)—All Right-of-Way Uneconomic remnants acquired by the agency with federal Not Acquired funds but not incorporated into the right-of-way may be 25.152 Coordinators Worksheets(Sample) disposed of without FHWA approval,but a credit to FHWA is required in the same manner as described earlier in this section. 25.153 Federal Aid Requirement Checklist Disposition of property outside of right-of-way and valued at 25.154 Process Flow Chart $1,000 or less is allowed without credit to federal funds.FHWA 25.155 Governmental Agreement For Aid will not participate in the local agency costs of the disposal. Federal regulations provide for the use of airspace for non- highway purposes above,at,or below the highway's established gradeline,lying within the approved right-of-way limits.The 25-8 Local Agency Guidelines September 2002 General Project Development Chapter 25 Right of Way Procedures b. A listing of the buildings,structures,fixtures,and Local agencies using staff to negotiate who do not have the other improvements on the land which were necessary qualifications must work closely with the LA considered part of the property to be acquired. Coordinator as explained in the Procedures Approval letter. At a minimum,all offers must be reviewed by the LA c. A statement that the reviewing appraiser has no direct coordinator before presenting them to tine property owner. or indirect present or future interest in such property or in any monetary benefit from its acquisition. A separation of functions maintains the integrity of the d. A statement that the estimate has been reached acquiring agency's transactions.Thus,the appraisal,appraisal independently,without collaboration or direction, review,and negotiations for a parcel are performed by three and is based on appraisals and other factual data. different persons.Recognizing the fact that the use of two separate individuals as appraiser and negotiator on a low-value It is the responsibility of the agency to set Just taking can be both difficult and expensive,the use of a single Compensation.This can be accomplished by adding a line individual to both appraise and negotiate a parcel is permitted to the bottom of the review appraiser's certificate as shown where the value of the acquisition is$10,000 or less.It should in Appendix 25.147. be noted that the appraisal shall be reviewed prior to negotiations,and the review appraiser shall be neither the 25.06 Title appraiser nor the negotiator. The agency will acquire evidence of the condition of title for all Before initiating negotiations for real property,the agency shall properties from which rights are to be acquired.It is suggested establish the just compensation which shall not be less than the that a title report be ordered from a title company and the title to approved appraisal of the property and shall make a written the property acquired cleared so that a policy of title insurance offer to acquire in that amount.Appraisals are not required if can be issued showing title vested in the agency subject only to the owner has indicated a willingness to donate the right-of-way those exceptions which can reasonably be accepted.If a title after being informed of their right to receive just compensation. company is not used to provide this information,the acquisition file must include sufficient documentation to validate the A donation may be accepted only after the owner has waived signatories on the instruments and show that the interest in writing their right to just compensation.(See appendix acquired is free from unreasonable encumbrances. 25.148)This applies to individuals,businesses,corporations,and other private entities.Donations from government agencies are In general,the elements necessary to acquire the needed exempt from these requirements. interest are: Right-of-way obtained through normal zoning,subdivision or a. Acquisition instruments signed by all parties with an building permit procedures requiring the donation or dedication interest in the fee title. of strips of land may be incorporated into a federal aid project b. Releases from mortgages and deeds of trust as the agency without jeopardizing participation in other project costs. determines to be reasonable. The agency must notify the property owner of the availability c. Releases of encumbrances,such as easements,which of a statutory evaluation allowance not to exceed$750 to help adversely impact the rights being acquired. defray the owner's expenses actually incurred in evaluating the agency_'s-offer:.- d. Releases of priority liens,such as material man's lien, _ _ judgments,state tax liens,and federal tax liens. When negotiations are complete,the negotiator shall keep in the C project file a signed statement for each parcel that: 25.07 Negotiations a. The written agreement embodies all considerations agreed; Various requirements in negotiating an acquisition of property to by the negotiator and the property owner. are found in Section 3-4.1C of the WSDOT Right ol'Way y b. The negotiator understands.that the acquired property is-for Manual,M 26-01. use in connection with a federal aid transportation project. If a local agency uses a consultant fee negotiator,the negotiator c. The negotiator has no direct or indirect interest in the must meet the applicable state licensing requirements(verify with the Department of Licensing). � property or hi any monetary benefit from its acquisition,i` at present or in the future. For local agency staff to be approved to acquire property without direct supervision by the LA Coordinator,they must I,;I d. The agreement has been reached without any type of have either an Associate Degree in real estate or a Bachelor T coercion. Degree or equivalent experience.In addition,they must have A71 Negotiations by Mail.If no relocation is involved,the two years full time experience in real estate acquisition,sales local agency may conduct right-of-way negotiations leasing,appraisal,title,escrow or property management.One as follows: year of experience must be in eminent domain acquisition. a. Mail to the owner the fair-offer letter,a summary Additional experience in eminent domain acquisition can replace education on a one for one basis. statement(explains nature of acquisition,conditions affecting remainder after construction,and other Local Agency Guidelines 25-5 February 2002 Diary of Real Estate Transaction between City of Yehn and BNSF, to acquire the Yehn-Roy Prairie Line 1 . December 1997 — copy of letter dated 12/10/97 from Ken Garmann, City of Yelm (COY) Public Works (PW) Director to Richard Batie of Burlington Northern Santa Fe Railway Company (BNSF) regarding the Roy to Yelm short-line. 2. December 1997 — copy of letter dated 12/15/97 from Dennis Matson, Executive Director of the Economic Development Council (EDC) of Thurston County, to F.E. Kalb and James J. O'Neil of BNSF regarding the short-line between Yelm and Roy. 3. December 24, 1997 — copy of letter from Ken Garmann, COY PW Director, to the US Department of Transportation Washington D.C. — asking that an operational rail link be preserved between Yelm and Roy, to enable the development of alternative multi-modal freight transport as a regional link to larger markets. 4. January 21, 1998 — Brainstorming session/meeting held to notify property owners in the Yelm Industrial Area, as well as the Port of Olympia, the Economic Development Council of Thurston County, US Forestry Service, WSDOT, Yelm School District, local businesses, elected officials and others of the possible purchase of the Burlington Northern Santa Fe (BNSF) rail spur into Yelm. (Held at UCBO/Yelm Community Services meeting room.) 5. January 29, 1998 — copy of Daily Olympian news article in the Business section, titled: "Yelm rushes to keep vital railroad line connected." 6. February 1998 — copy of Daily Olympian news article, dated 2/2/98 — in the "Opinion" section, titled: "Yelm must work to save rail line." 7. February 1998 — copy of letter dated 2/9/98 from Nick Handy, Executive Director of the Port of Olympia —to BNSF President/CEO Robert Krebs in support of BNSF surplusing the Roy to Yelm short-line segment of rail. 8. March 3, 1998 — Second meeting of the Rail Spur group — held at the Prairie Hotel Conference Room. 9. March 1998 — copy of letter dated 3/16/98 from Jeffrey R. Moreland of BNSF, to Yelm Chamber of Commerce — stating: "we understand and appreciate your interest in this matter' (re: BNSF rail line between Roy and Yelm.) Page 1 of 7 i Diary of Real Estate Transaction between City of Yelm and BNSF, to acquire the Yelm-Roy Prairie Line 10. April 1998 — copy of EDC program from "Economic Update Luncheon" held on April 15, 1998, at St. Martin's College-Worthington Center. In the program, page 5, - under 1998 EDC Key Objectives" it lists: "Assist the City of Yelm and light industrial property owners in retaining the Burlington Northern Santa Fe rail line serving the Yelm industrial area" as one of its "key objectives." 11. April 1998 — copy of Tacoma News Tribune (TNT) news article, dated April 23, 1998, titled: "Yelm eyes 4.5 miles of rail line to Roy." 12. Spring 1998 — copy of "EDC Update" newsletter article— titled: "Yelm acts to save rail access." 13. July 7, 1998 — Rail Spur meeting held, at the Prairie Hotel Conference Room. 14. July 1998 — copy of letter dated 7/10/98 from Ken Garmann, COY PW Director to Jerry M. Johnson of BNSF, regarding Yelm to Lakeview short-line. 15. July 1998 — copy of memo dated 7/29/98 from Ken Garmann, COY PW Director to Harold Robertson, regarding Yelm to Lakeview BNSF. 16. September 1998 — copy of letter dated 9/3/98 from Ken Garmann, COY PW Director, to Thurston Regional Planning Council (TRPC), RE: Meritorious Grant application for the Yelm to Lakeview BNSF Branch Line Acquisition. 17. September 1998 — copy of letter of support, dated 9/18/98 —from United States Senator Slade Gorton to the City of Yelm Mayor Kathryn Wolf— in support of the City of Yelm's project proposal that will further transportation in Thurston County, using TEA-21, Section 1221 funding. 18. Date ?? — copy of letter of support from TRPC Chairperson Judy Wilson to Gene Fong, Division Administrator at the Washington State Division Office of the Federal Highway Administration. 19. September 29, 1998 — Rail Spur meeting held, at the Prairie Hotel Conference Room; Stephen L. Day, Attorney from Betts Patterson & Mines, PS (retained by City of Yelm) present for meeting. Page 2 of 7 Page 1 of i Dana Spivey From: Shelly Badger Sent: Friday, February 17, 2006 4:03 PM To: 'bdille@owensdavies.com' Cc: Stephanie Ray; Dana Spivey Subject: RR question Brent, I am going to ask that you call Taro Kusunose with Laser Holzapfel Sperry & Ebberson, in Seattle with your RR "inactivity" question and the recent case law that you read. He is also working on getting the deeds recorded. His phone ## is 206-332-7551 or kusunoseA—lasher.com. Thanks, Shelly Shelly Badger, Yelm City Administrator City of Yelm P.O.Box 479 Yelm,WA 98597 360-458-8405 360-458-4348 fax shellyb@dyelmma.us 2/17/2006 Page 1 of 3 Dana Spivey From: Taro Kusunose [kusunose@lasher.com] Sent: Friday, February 17, 2006 3:33 PM To: Dana Spivey Subject: RE: Quit Claim deeds Yay! Thanks Dana. I'll look forward to receiving them, and a call from Brent. Have a great weekend. Taro Taro Kusunose,Esq. Lasher Holzapfel Sperry&Ebberson,PLLC (206)332-7551 Direct Dial kusunose@lasher.com Notice: This is a privileged and confidential electronic transmission intended only for the individual/entity named. If you received this transmission in error,please notify the sender by reply e-mail or by calling(206)332-7551,and then delete the transmission without copying it. Thank you. From: Dana Spivey [mailto:danas@ci.yelm.wa.us] Sent: Friday, February 17, 2006 3:31 PM To: Taro Kusunose Subject: RE: Quit Claim deeds Hi Taro — YAHOO!!!! I found the originally signed Quit Claim Deed for the donationM I "scoured" the files one more time - and there it was! O What a great relief— and on a Friday no less! O So, I'm going to get everything ready and mail both "original" Quit Claim Deeds to you — so that you can get the recording process going for us (with both Thurston and Pierce Counties.) Plus, just a "heads up" — our city attorney, Brent Dille, may be contacting you in the near future — regarding some questions about these same deeds and a Yelm street project he's working on... the fun never ends! ;; Thanks Taro — have a great weekend! Dana Dana Spivey Administrative Assistant CityAdministrator's Office City of Tefm (PO Box479 �YeCm SVA 98597 360-458-8816, phone 360-458-4348,far, danas@ciyefm.wa.us 2/17/2006 Law Offices BETTS PATTERSON & MINES, Ps 800 Financial Center 1215 Fourth Avenue Seattle,Washington 98161-1090 Fax: 206-343-7053 Taro Kusunose Phone: 206-292-9988 ticusunose@bpmlaw.com November 20, 2000 VIA OVERNIGHT MAIL Ms. Shelly A. Badger City Administrator City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 Re: BNSF-City of Yelm Dear Ms. Badger: Please find enclosed, the original closing documents for both the purchase and donation transactions. As per your authorization, and the authorization of Dennis Wilson, I have penned- in November 16, 2000 in a couple of areas where the parties executing the agreements omitted a date. As Steve mentioned previously, congratulations on the City's acquisitions! Please call me or email me if you have any questions or concerns. Very truly yours, Taro Kusunose TK:tk Enclosures 100010/112000 1334/57820001 n f 1 S V AGREEMENT FOR DONATION OF CERTAIN ASSETS,RIGHTS AND OBLIGATIONS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO CITY OF YELM i +1 1 , AGREEMENT FOR DONATION OF CERTAIN ASSETS, RIGHTS AND OBLIGATIONS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO CITY OF YELM THIS AGREEMENT("Agreement") is entered into as of this day of 6etebcr,2000, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation ("BNSF"), and- The City of Yelm, a municipality in the the State of Washington("City"). WHEREAS, BNSF desires to donate and convey to City, on the terms and conditions set forth in this Agreement,BNSF's rail line and rail corridor ownership interests in its rail line segment between Milepost 20.99 in Roy,Washington,and Milepost 25.56 in Yelm,Washington(collectively, "Rail Line"),together with BNSF's rights to conduct rail freight transportation business on the Rail Line, and certain other rights and obligations as specified in this Agreement; and WHEREAS, City desires to accept this donation from BNSF, and to acquire the Rail Line; BNSF's rights to conduct rail freight transportation business on the Rail Line, and certain other rights and obligations as specified in this Agreement, pursuant to the terms and conditions set forth in this Agreement; 1 NOW, THEREFORE, City and, BNSF agree as follows: 1. Donation Conveyances and Assignments. (a) BNSF shall donate and convey to City, on the date of Closing (as defined later herein), by Quitclaim Deed delivered by BNSF to City on that date, all of BNSF's ownership interest in BNSF's Rail Line (except a retained license to operate over such portion of the track at and near Roy, Washington as is necessary or convenient to interchange rail traffic between City and BNSF at Roy, Washington), which shall include all rail corridor land between the endpoint Mileposts of the Rail Line and all improvements that_are located thereonshe RaiLLineis�escribed specifically in Attachment 1,to the Quitclaim Deed set forth as Exhibit A attached hereto, and made a part hereof. BNSF and City acknowledge that the Rail Line does not include the parcel of land in Yelm, Washington that is being conveyed by BNSF to City in a separate transaction following the date of this Agreement. (b) BNSF shall convey to City,effective on the date of Closing,BNSF's right to conduct rail transportation business on the Rail Line, subject to the terms and conditions set forth in this Agreement,the Quitclaim Deed,the Bill of Sale and/or any agreement assigned by BNSF to City by the terms of this Agreement. (c) BNSF shall convey to City, on the date,of Closing,by delivering to City on the date of Closing a Bill of Sale identical in form to the Bill of Sale set forth as Exhibit B attached hereto,and made a part hereof, all of BNSF's ownership interest in all personal property that, on the date of the Closing,does not constitute improvements on the Rail Line,but which then are present on the real property comprising the Rail Line. This conveyance shall be subject to the terms and conditions set forth in this Agreement,the Bill of Sale,the Quitclaim Deed and/or any agreement 2 J assigned by BNSF to City by the terms of this Agreement. (d) BNSF hereby assigns to City, effective on the date of Closing, subject to all terms and conditions set forth in this Agreement, the Quitclaim Deed, the Bill of Sale and/or any agreement assigned by BNSF to City by the terms of this Agreement, all assignable rights and obligations of BNSF to the extent such rights and obligations are effective after Closing, to the extent that they are related to the Rail Line and are set forth in any agreement identified on Exhibit C attached hereto and made a part hereof. City hereby accepts the assignment of all such rights and obligations of BNSF,_effective-_on_the._date_of-Closing,__in_.accordance__with_the-terms-of--each---------, applicable agreement and the terms of this Agreement. BNSF, and not City, shall be responsible for performing all of BNSF's duties in assigned agreements'which are required to be performed on or before the date of Closing. City, and not BNSF, shall be responsible for performing all assigned duties in assigned agreements which are required to be performed after the date of Closing. City acknowledges that BNSF reserves, and City does not acquire, all rights and obligations set forth in any agreement identified in Exhibit C to the extent those rights or obligations are related to property owned by BNSF after Closing. If any contract is related to the Rail Line and is intended to be assigned by BNSF to City,in whole or in part,but inadvertently is not identified in Exhibit C,BNSF promptly shall provide to City a copy of any such contract immediately upon locating it, and City, as of the date of its receipt of such copy, shall assume the rights and obligations in such contract to the extent they are related to the Rail Line. BNSF believes that Exhibit C is a complete or nearly complete list of all contracts related to the Rail Line that are intended to be assigned by BNSF to r City. City shall make no claim against BNSF arising out of any failure to obtain a consent to assignment from any party to any agreement assigned by BNSF to City,in whole or in part. BNSF 3 does not believe that any consents to such assignments are necessary. 2. Conditions of Donation. City hereby accepts the following conditions to BNSF's donation of the Rail Line, and it's conveyance and assignment to City of other rights and obligations as described in Paragraph 1: (a) City accepts all transferred real property and personal property "AS IS, WHERE IS" and. "with all faults."City__acknowledges that certain track-- materials are missing from the Rall Line and that it cannot support train operations until certain repairs are made. (b) Commencing at 12:01 a.m. on the date following Closing, and continuing thereafter, City shall assume all common carrier obligations related to the Rail Line. (c) City shall take all actions and execute all documents that may be necessary or helpful in connection with BNSF's charitable donation tax deduction for donation of the Rail Line, including City executing the Donee Acknowledgment section of Internal Revenue Service Form 8283. (d) City shall pay all costs of Closing (except BNSF's cost of preparation of documents to be delivered at Closing), including, but not limited to,, any escrow and service fees,real estate transfer taxes, excise taxes,recording fees and sales taxes associated with this Agreement or any of the conveyances governed by this Agreement. 4 J 3. Government Approval. City, at its sole expense, shall prepare and file such documents as may be required to secure approval, or exemption from approval, of this transaction by the federal Surface Transportation Board ("STB"). City shall make all reasonable efforts to obtain this approval or exemption in time for this transaction to close on November 16, 2000. City shall permit BNSF to review prior to filing all documents proposed by City to be filed with the STB or any court to secure legal approval or exemption of this transaction. _ 4. Representations and Warranties. (a) BNSF hereby represents and warrants to City, and City's successors and assignees, the following facts, as of the date of this Agreement and as of the date of Closing: (1) BNSF is a corporation duly organized,validly existing,and in good standing under the laws of the State of Delaware, and is qualified to do business as a foreign corporation in the State of Washington. (2) BNSF has the corporate power and authority to enter into this Agreement and carry out its obligations under this Agreement; (3) The execution, delivery and performance of this Agreement have been duly authorized and approved by all necessary corporate actions of BNSF,and no further corporate proceedings of BNSF are required to complete the transactions covered by this Agreement; (4) All of BNSF's obligations set forth in this Agreement constitute legal, valid 5 and binding obligations of BNSF which are enforceable against BNSF in accordance with their terms, except to the extent enforcement may be limited by bankruptcy, insolvency or reorganization law; (5) There is no provision in the Certificate of Incorporation or By-Laws of BNSF which prohibits the execution of this Agreement or consummation of the transactions covered by this Agreement; and (6) No representation or warranty by BNSF in this Agreement contains any untrue statement of amaterial fact, nor omits-any necessary to make any representation or warranty not materially misleading. (b) City hereby represents and warrants to BNSF, and all successors and assignees of BNSF, the following facts, as of the date of this Agreement and as of the date of Closing, except where specifically noted to be as of the date of Closing only: (1) City is municipality duly organized, validly existing and in good standing under the laws of the State of Washington; (2) City is a qualified donee within the meaning of Section 170(c)(1) of the Internal Revenue Code of 1986, as amended; (3) City has all requisite business authority to purchase BNSF's rights and properties which are conveyed to City by this Agreement; to enter into this Agreement; to conduct rail freight transportation business on the Rail Line (as of the date of Closing only);and to perform all of City's obligations under this Agreement; (4) The execution of this Agreement and consummation of the transactions which 6 are a part of this Agreement have been duly authorized and approved by all necessary actions by City, and immediately upon execution of this Agreement by City's authorized representative, all of City's obligations set forth in or referenced in this Agreement shall constitute legal, valid and binding obligations of City, or City's successors or assignees, which obligations are enforceable against City in accordance with their terms, except to the extent enforcement may be limited by applicable bankruptcy, insoly_enc--reorganization--or-, other_laws_affecting-the-enforcement-of------ creditors' rights generally and the application of general principles of equity; (5) There is no provision in the Charter of City, or any applicable law,ordinance or regulation, that prohibits the City's execution of this Agreement or it's consummation of the transactions covered by this Agreement; (6) As of the date of Closing only, City shall have obtained all legal authority which is necessary to enable City lawfully to conduct rail freight transportation operations over the Rail Line as a common carrier, commencing at 12:01 a.m. on the day following the date of Closing; and (7) No representation or warranty by City in this Agreement contains any untrue statement of a material fact, nor omits any material fact that is necessary to make any representation or warranty not materially misleading. 5. Inspection and Condition of the Rail Line. (a) By signing this Agreement, City acknowledges that City has inspected the 7 Rail Line, including all improvements and structures on the Rail Line, and all land to be conveyed as part of this transaction. City further acknowledges that: (i) except as set forth in this Agreement, no representation has been made by BNSF to City concerning the state or condition of the Rail Line, or the age of any improvements on the Rail Line; (ii) City has not relied upon any statement or declaration of BNSF, oral or in writing,as an inducement to entering into this Agreement, other than as stated in this Agreement; and(iii) all terms of this transaction are set forth in this Agreement. (b) BNSF HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER_EXPRESS OR_IMPLIED ,_AS T_O__T_HE-DESIGN OR CONDITION_OF_THE_RAIL_ -_ LINE, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE RAIL LINE, OR THE CONFORMITY OF THE RAIL LINE TO ITS INTENDED USES. BNSF SHALL NOT BE LIABLE TO CITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING STRICT LIABILITY IN TORT)WITH RESPECT TO THE DESIGN, CONDITION, QUALITY, SAFETY,MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OF THE RAIL LINE, OR THE CONFORMITY OF THE RAIL LINE TO ITS INTENDED USES. BNSF DONATES AND CONVEYS,AND CITY ACCEPTS, THE RAIL LINE IN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION,AND SUBJECT TO ALL LIMITATIONS ON THE RIGHTS, INTEREST AND TITLE OF BNSF TO THE PROPERTY COMPRISING THE RAIL LINE. 6. Liability and Indemnity. (a) Cooperation in Defense. City and BNSF agree that, following the date of Closing, 8 they will cooperate as necessary in defense of any claim, demand,investigation or litigation arising out of the ownership or operation of the Rail Line. (b) Definition of Losses. In this Agreement, the term "Losses" shall include all costs, expenses, fees or liabilities of, or in any way related to: (i) any violation of law or regulation, (ii) any damage to property,the environment or natural resources, (iii) any bodily injury or death of any person, or (iv) the breach of any contract, including this Agreement to the extent set forth in this Agreement. "Losses" shall include,but not be limited to, all costs of claims, activities in response __---_.__.-_....— to.enforcement,_costs_ofinvestigation-and.remediation,-damages,-judgments,_awards,-orders,-decrees,-----------.- payments,fines,penalties,assessments, court costs, and attorney, consultant and expert witness fees, and shall include cost recovery or contribution claims made pursuant to CERCLA or similar federal or state laws. (c) General Liability and Indemnity. (1) BNSF's General Liability and Indemnity. Except as provided in Paragraph 6(d) of this Agreement,BNSF shall be responsible for, and shall indemnify, defend and hold harmless City fully against, all Losses which: (i) arise out, of BNSF's ownership or operation of the Rail Line, prior to the date of Closing; or (ii) result from any breach by BNSF of any representations or warranties of BNSF that are set forth in this Agreement, or any failure by BNSF to perform any obligations of BNSF under this Agreement. (2) City's General Liability and Indemnity. Except as provided in Paragraph 6(d) of this Agreement, and further except for Losses resulting from one or more representations or warranties of BNSF as set forth in this Agreement 9 containing any untrue or materially misleading statement of a material fact, or omitting any material fact that is necessary to prevent that representation or warranty from being materially misleading, City shall be responsible for, and shall indemnify, defend and hold harmless BNSF fully against, regardless of any negligence of BNSF, all Losses which: (i) arise out of City's ownership or operation of the Rail Line after 12:01 a.m. on the day following the date of Closing; (ii) result from any breach by City of any of -__--___-_its---r-epr-esentations--or--war-ranties--set forth--in—P-ar-agr-aph-4(b)—of--this--------------- Agreement,or any failure by City to perform any of its obligations under this Agreement; (iii) result from claims of third parties caused by City's nonperformance or required performance under any contract, lease, permit, license, easement or commitment relating to the Rail Line, if that contract, lease,permit, license, easement or commitment is identified in Exhibit C, or City has notice by BNSF of it and such contract, lease, permit, license, easement or commitment was intended to be assigned to, and assumed by, City at Closing; and (iv) are proximately caused, to any extent, by the activities, operations or presence of City or any of its agents, contractors, representatives,permittees or invitees, or any of their employees,who are on or near the Rail Line. (d) Environmental Liability and Indemnity. (1) City's Acknowledgments with Respect to the Rail Line. City acknowledges that BNSF has provided City with full access to inspect the Rail Line. 10 (2) BNSF's Environmental Liability and Indemnity. Notwithstanding any other liability or indemnification provision in this Agreement, BNSF shall be responsible for, and shall indemnify, defend and hold harmless City (including its successors and assignees)fully against,Losses incurred due to any claim, demand or litigation,to the extent it is based on any violation or requirement of any applicable environmental statute, ordinance, rule, regulation, order or decision(collectively, "Environmental Laws"), and the ______-__Losses arise-from:__(i)-any_chemical,-material-or-substance-that-is-now,-or-at-------------- the time in question is, regulated or governed by any law, the release of which creates any liability under any applicable law; or(ii)any other material which, when released, would cause ecological damage in violation of any applicable Environmental Laws (items described by (i) or (ii) above are referenced hereinafter as "Hazardous Materials")located on,under or near the Rail Line,to the extent that such Losses: (A) were caused by one or more acts or omissions of BNSF that occurred prior to the date of Closing, and that could not have been discovered by City in a reasonable inspection of the Rail Line; and (B) result from any written claim made by a party other than City, ("Claims")that is delivered to BNSF within one year following the date of Closing; and (C) exceed$10,000 in the aggregate in that year. (3) City's Environmental Liability and Indemnity. As a condition of BNSF's 11 donation of the Rail Line, and notwithstanding the liability and indemnity provisions set forth in Paragraph 6(c) of this Agreement, City shall be responsible for, and shall indemnify, defend,and hold harmless BNSF fully against, regardless of any.negligence of BNSF, Losses incurred due to any claim, demand or litigation, to the extent it is based on any violation or requirement of any applicable environmental statute, ordinance, rule, regulation, order or decision, and the Losses arise from any Hazardous _ _____—.._Materials located on,.._under_or_near_the_RaiLLine,-to__the-extent that_such__.__ ..___.._. Losses either: (A) resulted from any cause or causes that were not the result of one or more acts of BNSF that occurred prior to the date of Closing which could not have been discovered by City in a reasonable inspection of the Rail Line; or (B) were caused by one or more acts of BNSF that occurred prior to the date of Closing which could not have been discovered by City in a reasonable inspection of the Rail Line, and result from a Claim delivered to BNSF within one year following the date of Closing,but only up to $10,000 in the aggregate in that year; or (C) do not result from a Claim that is delivered to BNSF within one year following the date of Closing. (4) Arbitration of Allocation of Liability Between City and BNSF. Any dispute between City and BNSF as to allocation between them of Losses for which 12 both City and BNSF are responsible under the terms of this Paragraph 6 shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association, or with the rules of such other alternative dispute resolution service as BNSF and City may agree. i (5) City To Comply With Hazardous Materials Laws. City agrees to comply with all applicable federal, state and local laws, regulations and rules concerning handling and disposal of Hazardous Materials in connection with Citv's ownership of,_and-activities-on and near,_the- ail-Line. (6) Liability Remedies and Obligations Are Exclusive. City and BNSF agree that the remedies and obligations set forth in this Paragraph 6 shall be exclusive remedies and obligations of each one to the other with respect to any Losses relating to the release or existence of Hazardous Materials on or near the Rail Line. (e) BNSF to Deliver Certain Property Records to City. BNSF shall make good faith efforts to deliver to City, at or before the date of Closing, originals or copies of whatever records, prints, archival information, or other'evidence that BNSF locates in as reasonable search of BNSF's records,which bears upon the use of,maintenance,or title to the real estate comprising the Rail Line. If, at any time after Closing, BNSF locates any other documents which bear upon the use of, maintenance, or title to any such real estate, BNSF promptly shall provide originals or copies of those documents to City. BNSF shall indemnify and hold harmless City against any and all Losses that City incurs that result from BNSF not having delivered any relevant and necessary documents which bear upon the use of, maintenance, or title to any such real estate at or before Closing. 13 7. Assignment. Any assignee,including any successor in interest,of City's rights under or property acquired by this Agreement, must first assume in writing delivered to BNSF all of City's continuing and existing, or thereafter arising, obligations under this Agreement, and under any then effective contract assigned by BNSF to City, in whole or in part, in accordance with the terms of this Agreement. 8. Obligations are Continuing. The representations,warranties and obligations of BNSF and City in this Agreement are continuing and survive the Closing and delivery of the Quitclaim Deed. Terms of continuing obligations in this Agreement are subject to amendment only by a written contract signed by City and BNSF, or their respective successors or assignees. 9. Liens and Encumbrances. BNSF represents and warrants that,to BNSF's knowledge,BNSF has not caused or suffered, and will not cause or suffer prior to the date of Closing, any liens or encumbrances to secure the payment of a debt of BNSF to be filed against the Rail Line which would materially adversely affect City. BNSF represents and warrants that,to BNSF's knowledge, except for: (i)the lien of BNSF's General Lien Mortgage, dated November 10, 1896,between BNSF's predecessor, Northern Pacific Railway,and the Mercantile Trust Company, as supplemented, and(ii)the lien of BNSF's Consolidated Mortgage,dated March 3, 1970, between BNSF's predecessor, Burlington 14 Northern,Inc., and Morgan Guaranty Trust Company of New York, as supplemented(collectively, "Mortgages"),BNSF has not caused or suffered any lien or encumbrance to secure the payment of a debt of BNSF to be filed against BNSF's ownership interest in the Rail Line, and BNSF warrants that the liens of the Mortgages will not materially adversely affect City. BNSF will deliverto City, within a year following Closing, an executed release of BNSF's ownership interest in the Rail Line from the liens of the Mortgages. Until such releases are delivered to City, BNSF shall indemnify City against any Losses that City incurs after Closing that result from BNSF not having delivered ________ __such executed-releases to_City_._City_agrees-_to_take_-title-to-the-Rail-L-ine-assets-and-owner-ship- ---- interests conveyed by the terms of this Agreement subject to all liens and encumbrances on those assets and ownership interests. 10. Pending Public Works Projects. BNSF has no knowledge of any pending government funded public works projects on the Rail Line. 11. City to Offer to Hire BNSF's Qualified Employees. City shall consider for initial employment in operating and maintaining the Rail Line any of BNSF's employees who are eligible to work on the Rail Line on the date of this Agreement. City shall give priority hiring consideration for any such positions to such employees of BNSF who are represented by the Brotherhood of Maintenance of Way Employees. City shall offer to hire for any such positions at salary levels and other terms and conditions of employment that are determined by City to be appropriate, all of those employees who City, in its sole discretion, determines to be 15 best qualified and needed. City promptly shall notify BNSF of the name of each of BNSF's current employees who City offers to hire, and also the name of each of these employees who City actually hires. City shall assume a neutral stance in any Brotherhood of Maintenance of Way Employees union organizing effort. 12. Closing. (a) The closing("Closing')of this transaction shall occur on November 16,2000, ------------__--._or-ano..ther_date_mutuall-y_agr-eed by-the-parties-in--writing.----.-------------- — ------ - (b) At Closing,BNSF shall deliver to City the following documents: (1) An original executed, attested and notarized Quitclaim Deed to the Rail Line in exact form as the Quitclaim Deed attached hereto as Exhibit A; and (2) An executed Bill of Sale in exact form as the Bill of Sale attached hereto as Exhibit B. (c) At or before Closing, Shortline shall deliver to BNSF copy of City's City Code, and any applicable Sections from the Revised Code of Washington, as adopted by reference by the City in the City Code. 13. Proration. Prepaid rentals, utilities, and other income or fees attributable to the Rail Line interests to be transferred by BNSF to City, under the terms of this Agreement shall be prorated between BNSF and City in such manner as to allocate to BNSF all income and expenses attributable 16 to the Rail Line that has been received, or for which bills have been received, on or prior to the date of Closing; and to allocate to City all income and expenses attributable to the Rail Line that is received, or for which bills are received, after the date of Closing. BNSF shall be responsible for all real estate taxes applicable to the Rail Line through the date of Closing. City shall be responsible for any taxes applicable to City as owner of the Rail Line after the date of Closing. 14. Interchange. __-(a) City_andRailway may interchange-rai-l-freig-ht traff c,-cars-and-locomotives ---- to and from each other on tracks on the northeastern end of the Rail Line,at Roy, Washington. The track or tracks used for this interchange shall be known as the"Interchange Track." (b) Cars and their contents that are delivered by one party to the other on the Interchange Track shall be deemed to be in the possession of the receiving party as of the time they are placed on the Interchange Track and uncoupled from the delivering party's train or engine,except that if any such car is rejected by the receiving party under the Interchange Rules of the Association of American Railroads ("AAR") or any successor rules,the refused car shall be deemed to remain in the possession of the delivering party until that car is accepted by the receiving party. 15. Car Hire Costs. The party in possession of any car shall be responsible for all car hire costs,per diem expenses and mileage allowances payable with respect to such car, for any per diem charges for trailers or containers carried by such car, or for any equipment use charges applicable to any RoadRailer equipment or similar carless intermodal technology. 17 16. City and BNSF to Publish Combination Rates to and From Roy, Washington. BNSF may establish combination rates to and/or from Roy, Washington, as appropriate,to handle rail freight traffic interchanged between BNSF and City at Roy, Washington. City may establish combination rates to and/or from Roy,Washington,as appropriate,to handle the rail freight traffic that originates or terminates on the Rail Line. Time is of the essence in this Agreement. 18. Transfer of Operations. All responsibility and authority for conducting rail operations on the Rail Line shall be transferred from BNSF to City at 12:01 a.m. on the day following the date of Closing. 19. Transfer of Liabilities; Payment of Charges. For the period before and including the day of Closing, BNSF shall be responsible for: (a)all common carrier rail operations,including car supply,on the Rail Line; (b)any freight loss and damage claims attributable to rail operations over the Rail Line; and(c) all car accounting and all car hire and car mileage allowance payments relating to rail operations over the Rail Line. At and after 12:01 a.m. on the day following the date of Closing, City shall be responsible for: (d) all common carrier rail operations, including car supply, on the Rail Line; (e) any freight loss and damage claims attributable to rail operations over the Rail Line; and (f) all car accounting and all 18 car hire and car mileage allowance payments relating to rail operations over the Rail Line. 20. Electronic Data Interchange. Within six months following the month in which City and BNSF interchange any freight cars at Roy, Washington, City must have the ability to send and receive electronically waybills, advanced consists, and bills of lading; as well as Train II reports and passing/placement reportings for performance purposes. Transaction reporting should be at industry standard levels or ._.__.---one level 21. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 22. Effect of Waiver. Any waiver by any party to this Agreement, or failure by any such party to insist upon full and complete performance by any other party to this Agreement of its obligations set forth in this Agreement,shall not constitute a waiver or release of such party's right to insist upon full and complete performance of any other obligations in this Agreement, or a waiver or release of such party's right to insist upon full and complete performance of the obligations that were waived or not enforced for periods prior to, or following, the waiver or failure to insist upon full and complete performance. This Agreement shall be amended or modified only by written agreement signed by all three parties hereto. 19 23. Notices. All notices and other communications under this Agreement shall be in writing and deemed properly served if delivered by hand to the parry addressed or, if mailed,when received by the United States Postal Service in registered or certified mail, postage prepaid, or, if sent by a national overnight service, when received by the carrier service in a prepaid mailer, return receipt requested, addressed as follows: BNS)F: Mr. Jerome M. Johnson Assistant Vice President Shortline Development The Burlington Northern and Santa Fe Railway Company 2600 Lou Menk Drive Fort Worth, Texas 76131 City: Ms. Shelly Badger City Administrator, City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 Either party hereto may change its address or addressee to which notices are to be given by providing written notice of the change to the other party. 24. Confidentiality. Except to the extent that the terms of this Agreement are required to be disclosed by the STB, by order of any court of competent jurisdiction or any governmental agency, or by laws or regulations applicable to the City entering into this transaction, each party to this Agreement shall 20 not disclose the contents of this Agreement to any other party, without the prior written consent of the other parties to this Agreement. Any parry who learns of any of the terms of this Agreement shall be required by the party to this Agreement who is disclosing the information not to disclose those terms to any other party without the prior written consent of both parties to this Agreement. 25. Entire Agreement; Integration of Agreement. This document, together with all Exhibits attached hereto, constitutes the entire ____._agreement_.between_City,-BNSF_.and__Rail-way_relating__.to__this__transaction._.__Any--other-prior-or- contemporaneous agreements,understandings,representations or statements,whether oral or written, relating to this transaction are merged herein. The headings and titles to provisions in this Agreement are for convenience only, and shall not be deemed to modify or affect the rights or duties of City or BNSF. All rights and obligations of City and BNSF set forth in this Agreement, or in any Exhibit attached hereto, are integral parts of this Agreement. The parties agree that the terms herein have been arrived at by mutual negotiation and that no terms herein shall be presumptively construed against either party regardless of who drafted it in the first instance. 21 IN WITNESS WHEREOF, authorized representatives of City and BNSF have executed this Agreement as of this gr 106day of November, 2000. THE BURLINGTON NORTHERN AND CITY OF YELM SANTA FE RAILWAY COMPANY By. 4—� B l� Y• Peter(J/Rickershauser a Vice President jMaA 4 6t- Network Development N:1aw.mkg\dww\contracts\yelm donadon4 i 22 THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY REAL ESTATE PURCHASE AND SALE AGREEMENT Property Management P.O.Box 961050 Fort Worth,Texas 76161-0050 October 30,2000 BUYER'S OFFER 1. The undersigned, hereinafter called "Buyer", offers to purchase from, The Burlington Northern and Santa Fe Railway Company herein after called "Seller", all of Seller's right, title and interest in and to that parcel of land situated in or near the city of Yelm, County of Thurston and State of Washington, shown hatched black on map marked Exhibit "A", dated October 27, 2000, attached hereto and made a part hereof(said parcel of land being hereinafter called "the Property") at the price and upon the terms and conditions as follows. PURCHASE PRICE AND PAYMENT 2. Seller may approve or disapprove this Agreement for any reason whatsoever, in Seller's sole and absolute discretion, whether reasonable or unreasonable or whether arbitrary or capricious, subject to the approval of this Agreement by Seller, Buyer agrees to pay to Seller the purchase price of THREE HUNDRED THOUSAND AND NO HUNDRETHS ($300,000.00) for Property, of which the amount of NONE hereinafter called the "deposit", is paid to Seller, or Seller's assignee, to be applied on the purchase price. Said deposit shall be refunded to Buyer if this offer is not accepted by Seller within forty five (45) days from the date of said offer. The balance of said purchase price shall be paid in cash or by certified check to Seller or wire transfer to Seller's account as designated by Seller at the time Seller's deed to said property is delivered to Buyer. Notwithstanding anything set forth herein to the contrary, the balance of the purchase price shall be due ten (10) days from notice that Seller's deed is ready for delivery. Delivery of said deed shall be made at Seller's above stated office TAX-DEFERRED EXCHANGE 3. Seller reserves the right to assign this Agreement to Apex Property & Track Exchange, Inc. ("Apex"). Apex is a qualified intermediary within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, and Treas. Reg. §.1.1031(k)-1(g), for the purpose of completing a tax-deferred exchange under said Section 1031. Seller shall bear all expenses associated with the use of Apex, or necessary to qualify this 1 i transaction as a tax-deferred exchange, and, except as otherwise provided herein, shall protect, reimburse, indemnify and hold harmless Buyer from and against any and all reasonable and necessary additional costs, expenses, including, attorneys fees, and liabilities which Buyer may incur as a result of Seller's use of Apex or the qualification of this transaction as a tax-deferred transaction pursuant to Section 1031. Buyer shall cooperate with Seller with respect to this tax-deferred exchange, and upon Seller's request, shall execute such documents as may be required to effect this tax-deferred exchange. CONVEYANCE 4. Seller shall convey or caused to be conveyed, all of Seller's right, title and interest in the premises, if any, to Buyer by Quitclaim Deed subject to the exceptions and reservations, whether or not of record and in accordance with the other terms conditions and reservations contained herein. Buyer shall, as soon as possible after acceptance of this offer, advise the Seller of Buyer's intent to have the premises surveyed. In the event the Seller's description of the premises used in the Deed and the use of an Exhibit map for reference in the Deed is not acceptable to the Buyer, the Buyer shall so advise the.Seller of their objections of said description and within 15 days thereof, the Buyer shall, at their expense, arrange for a survey of the premises to be furnished to the Seller. ACCEPTANCE CONSTITUTES AGREEMENT 5. This offer of the Buyer to purchase the premises when duly accepted and signed by the Seller shall constitute the entire agreement between the parties for the sale and purchase of the premises and shall bind and inure to the benefit of the Seller, the Buyer, and their heirs, executors, administrators, successors and assigns. LIQUIDATED DAMAGES AND SPECIFIC PERFORMANCE 6. Time is of the essence of this contract. If the Buyer shall fail to perform this contract within the time limits herein specified, Seller may retain the deposit as liquidated damages, not as a penalty or forfeiture, and declare this contract terminated, or Seller may proceed to have this contract specifically enforced. SUCCESSORS IN INTEREST 7. Wherever referred to herein, the term Buyer shall imply, mean and apply to the Buyer, its successors, assigns, heirs, executors, administrators, or designees, who shall be severally and collectively liable for any and all performance hereunder. Wherever referred to herein the term Seller shall imply, mean and apply to the Seller, its successors, assigns, heirs, executors, administrators, or designees, who shall be severally and collectively liable for any and all performance hereunder. OTHER TERMS AND CONDITIONS 8. Real Estate Commissions--If any real estate broker or agent can establish a valid claim for commission or other compensation as a result of Buyer having used their services in connection with the purchase of the Property, all such commission or other compensation shall be paid by Buyer. Seller shall not be liable for any real estate commissions or finders fees to any party with respect to the sale of the Property, except a commission 2 to Catellus Management Corporation ("Broker") pursuant to a separate agreement. On and prior to the Date of this Agreement, Broker has advised, and hereby advises, Buyer, by this writing and by other means, and Buyer hereby acknowledges'that Buyer has been so advised, that the Broker is acting as the agent of the Seller, with the by to represent Seller's interest, and Broker is not the agent of the Buyer. If a policy of title insurance is to be obtained, Buyer should obtain a commitment for title insurance which should be examined prior to closing by an attorney of Buyer's choice. Prior to the execution of this Agreement, Broker has advised and hereby advises the principals of this transaction, that this Agreement is binding on them, and the principals hereby acknowledge that they have been so advised. 9. Liens of Seller's Mortgages--Seller shall deliver to Buyer, who shall place of record, good and sufficient releases of the liens of Seller's mortgages, where required under the terms of any mortgage on the Property, within one hundred eighty (180) days after the first meeting of Seller's Board of Directors held after the conveyance contemplated herein. In the event Seller shall be unable to obtain said releases for any reason, Seller shall have the right to terminate this Agreement upon serving written notice of termination upon Buyer within fifteen (15) days thereafter, and both parties shall thereupon be released and discharged from all liabilities and obligations hereunder, except that Seller shall repay to Buyer any and all sums therefore paid by Buyer to Seller upon a reconveyance of title-to the Property to Seller free and clear of defects or objections to. the same extent as if no conveyance had been made to Buyer hereunder. 10. Other Liens--Any judgment against Seller which may appear of record as a lien against the Property shall be settled and satisfied by Seller if and when it is judicially determined to be valid, and Seller hereby indemnifies the Buyer for all loss arising out of Seller's failure to have a judgment lien so settled and satisfied. All outstanding assessments levied or due in the year the deed is delivered shall be paid by Buyer. 11. Transfer Taxes--Buyer agrees to purchase, affix and cancel any. and all documentary stamps in the amount prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental to recordation of the conveyance instrument. In the event of Buyer's failure to do so, if the Seller shall be obligated so to do, the Buyer shall be liable for all costs, expenses and judgments to or against the .- Seller, including all of Seller's legal fees and expenses and same shall constitute a lien against the Property to be conveyed until paid by the Buyer. 12. Notices and Demands--All notices, demands,payments and other instruments required or permitted to be given or served by either party shall be in writing and deemed to have been given or served by either party if sent by registered or certified mail, addressed to the other party at the address shown herein. 13. Governmental Approval--If the approval of any governmental agency is required for the sale of the Property, it is understood and agreed that this Agreement is subject thereto and that both parties shall use their best efforts to obtain such approval. The closing date shall be extended for such period as may be required to obtain such approval. In the event said approval cannot be obtained, either party may terminate this Agreement without liability to the other, except that Seller shall return the deposit to Buyer. In the event a city, county, or other governing authority wherein said Property is located requires a survey or plat or has a subdivision ordinance, the Buyer shall obtain such survey or plat, all at Buyer's sole cost and expense. The survey or plat shall be submitted by Buyer to Seller for review and approval prior to recording and within a period of forty five (45) days after the date of Seller's acceptance of this offer. 3 14. Deposit Authorization--Buyer hereby authorizes Seller to cash any checks that may be delivered to Seller as a deposit or option payment, and to take the amount of any such deposit or option payment into its accounts,with the understanding that it will not constitute acceptance of this offer; provided, however, that such authorization is given with the understanding that in the event the offer is not accepted the Seller agrees to refund the amount of any deposit in full. 15. Rail Service--Nothing in this Agreement shall prevent Seller from discontinuing service over any railroad line or lines by which rail service may be provided to the Property. 16. Proration—Prepaid rentals, utilities, and other income or fees attributable to the Property interests to be transferred by Seller to Buyer, under the terms of this Agreement shall be prorated between Seller and Buyer in such manner as to allocate to Buyer all income and expenses attributable to the Property that has been received, or for which bills have been received, on or prior to the date of Closing; and to allocate to Buyer all income and expenses attributable to.the Property that is received,or for which bills are received, after the dated of Closing. Seller shall be responsible for all real estate taxes applicable to the Property through the date of Closing. Buyer shall be responsible for any taxes applicable to Buyer as owner of the Property after the date of Closing. 17. Assignments— Seller hereby assigns to Buyer, effective on the date of Closing, subject to all terms and conditions set forth in.this Agreement, and/or.any agreement assigned by Seller to Buyer by the terms of this Agreement, all assignable rights and obligations of Seller to the extent such rights-and obligations are effective after Closing, to the extent that they are related to the Property and are set forth in any agreement identified on Exhibit B attached hereto and made a part hereof. Buyer hereby accepts the assignment of all such rights and obligations of Seller, effective on the date Closing, in accordance with the terms of each applicable agreement and the terms of this Agreement. Seller, and not Buyer shall be responsible for performing all of Seller's duties in assigned agreements which are required to be performed on or before the date of Closing. Buyer, and Seller, shall be responsible for performing all assigned duties in assigned agreements which are required to be performed after the date of Closing. Buyer acknowledges that Seller reserves, and Buyer does not acquire, all rights and obligations set forth in any agreement identified in Exhibit B to the extent those rights or obligations are related to property owned by Seller after Closing. If any contract is related to the Property and is intended to be assigned by Seller to Buyer, in whole or in part, but inadvertently is not identified in Exhibit B, Seller promptly shall provided to Buyer a copy of any such contract immediately upon locating it, and Buyer, as of the date of its receipt of such copy, shall assume the rights and obligations in such contract to the extent they are related to the Property. Seller believes that Exhibit B is a complete or nearly complete list of all contracts related to the Property that are intended to be assigned by Seller to Buyer. Buyer shall make no claim against Seller arising out of any failure to obtain a consent to assignment from any party to any agreement assigned by Seller to Buyer, in whole or.in part. Seller does not believe that any consents to such assignments are necessary. 18. Complete Agreement -- This Agreement contains the entire Agreement between Seller and Buyer with respect to the Property and, except as set forth in this Agreement, neither Seller, nor Seller's agents or employees, -have made any agreements, covenants, warranties or representations of any kind or character, express or implied, oral or written, with respect to the Property. 4 ADDENDUM PROVISIONS 19. This Agreement relates only to land. Unless otherwise herein provided, any conveyance shall exclude Seller's railroad tracks and appurtenances thereto, Seller's buildings and any other improvements on the Property, all of which may be removed by Seller within 90 days following conveyance of the Property. and if not removed, shall be deemed abandoned by the Seller without obligation on the Seller's part and shall thereafter be and become the Property of the Buyer in place. 20. Seller is not a foreign person as the term is used and defined in Section 1445 of the Internal Revenue Code of 1954, as amended and the regulations promulgated thereunder. Seller shall, upon request of Buyer, complete an affidavit to this effect and deliver it to Buyer on or before closing of said sale. 21. It is specifically agreed and understood by the parties hereto that the Buyer shall, before November 15, 2000, accept and sign this Real Estate Purchase and Sale Agreement and return same together with the $NONE deposit named herein to Seller. Failure of the Buyer to perform within the time restrictions will render this Agreement null and void in its entirety. 22. Buyer has been allowed to make an inspection of the property and has knowledge as to the past use of the property. Based upon this inspection and knowledge, Buyer is/are aware of the condition of the property and BUYER IS AWARE THAT BUYER IS PURCHASING THE PROPERTY ON AN.."AS IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND THAT BUYER IS/ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED,OF ANY HIND WHATSOEVER FROM SELLER AS TO ANY MATTERS CONCERNING THE PROPERTY, including the physical condition of the property and any defects thereof, the presence of any hazardous substances,wastes or contaminants in, on or under the property,the condition or existence of any of the above ground or underground structures or improvements in, of or under the property, the condition of title to the property, and the leases, easements or other agreements affecting the property. Buyer is aware of the risk that hazardous substances and contaminants may be present on the property, and indemnifies,,holds harmless..and hereby waives, releases and discharges forever Seller from any and all present or future claims or demands, and any and all damages, loss, injury, liability, claims or costs, including fines, penalties and judgments, and attorney's fees, arising from or in any way related to the condition of the property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any . hazardous substances or contaminants in, on or under the property. Losses shall include without limitation (a) the cost of any investigation, removal, remedial or other response action that is required by any Environmental Law,.that is required by judicial order or by order of or agreement with any governmental authority, or that is necessary or otherwise is reasonable under the circumstances, (b) capital expenditures necessary to cause the Seller remaining property or the operations or business of the Seller on its remaining property to be in compliance with the requirements of any Environmental Law, (c) Losses for injury or death of any person, and (d) Losses arising under any Environmental Law enacted after transfer. The rights of Seller under this section shall be in addition to and not in lieu of any other rights or remedies to which it may be entitled under this document or otherwise. This indemnity specifically includes the obligation of Buyer to remove, close, remediate, reimburse or take other actions requested or required by any governmental agency concerning any hazardous substances or contaminants on the property. This section shall survive closing. 5 The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order,judgment, decree, injunction or common law pertaining in any way to the protection of human health or the environment, including without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions. 23. Sale of the premises shall include any and all of Seller's buildings on the Property in an "AS-IS" condition. Buyer has fully examined-and inspected the said building(s) and has in all respects accepted and approved the same and any and all parts and appurtenances thereof and thereto and understands that Seller has made no representations or warranties respecting the nature or condition of said°building(s) or any of its parts and appurtenances, Buyer agrees to assume all obligations thereto, including dismantling costs if the Buyer decides to remove said structure. 24. The parties hereto acknowledge the possible existence of asbestos or lead material in the cooler room and ceiling and floor tile and plumbing and paint on interior or exterior walls. The parties further acknowledge the possibility;that asbestos or lead material may exist in other portions or locations in the building structures located on the subject Property. Buyer does hereby covenant and agree to purchase the subject building structures and premises in "AS IS" condition and specifically subject to the possible existence or presence of asbestos or lead material as referred to herein. Buyer specifically covenant and agree that Seller shall not be responsible or liable for the existence of any asbestos or lead material or removal of such material from the building structures or premises to'be covered herein. Buyer specifically acknowledge and agree that they shall . not make any claim or assert any cause of action against Seller as a result of the existence or presence of asbestos or lead material. Buyer does hereby release Seller from and against any claim, liability, cause of action or otherwise arising out of or in any manner connected with the-presence or existence of asbestos or lead material located anywhere within the subject building structures or premises to be conveyed herein including, but not limited to, any costs incurred by Buyer in the removal of such asbestos or lead material. 25. Notwithstanding, anything herein, this sale shall close no later than November 16, 2000. Seller shall have the right to extend the closing, at Seller's sole judgment. 26. The parties agree the terms, conditions, and addendum provisions of this agreement shall survive closing. BUYER MUST CLEARLY SET FORTH FULL AND CORRECT NAMES OR PARTY OR PARTIES TO WHOM TITLE WILL BE CONVEYED, THEIR ADDRESS, THEIR RELATIONSHIP, IF ANY, AND WHETHER CONVEYANCE IS TO BE IN JOINT TENANCY OR OTHERWISE, AND IF A COMPANY, WHETHER IT IS A PARTNERSHIP, TRUST, TRUSTEE OR CORPORATION, ADDRESS OF PRINCIPAL OFFICE AND STATE OF INCORPORATION. 6 This offer consisting of 8 pages, and by said Exhibit "A" and Exhibit B attached hereto, is made a part hereof, has been made, signed and sealed in duplicate by the Buyer this day of 1V V-ejU{2-er , 2000. Buyer's name as it is to appear on deed: CITY OF YELM (PRINTED/TYPED) BY Vl 01.1. X 'i. NAME (PRINED/TYPED) SlIGNATUIkE Maqw- Washington TITLE (OR 2ND SIGNATURE IF PARTNERSHIP) STATE OF INCORPORATION 105 Yelm Avenue West P. O. Box 479 Yelm, Washington 98597 3 66-U%- ADDRESS OF BUYER CITY, STATE AND ZIP CODE TELEPHONE NO. (INCLUDING AREA CODE) The foregoing offer is Accepted by Seller The Burlington Northern and Santa Fe Railway this /G&day of Myts l , 2000. Comp y BY , TITLE 11'e-e- &4v-& 7 Exhibit "A" 10/27/2000 i.Y F YNr rr Q h v raHn• \ r- 8aaa7 \ D3rsi•►r' • \ 30' \ .d, \\ c p / It's .YM r \ �Y.V I.n ■�� \ \ f � I / I � i aNv/ y��3ti Mr �✓+�Nwr roe« �� ,rear so r w PAGE: 1 KEYWORD SEARCH RESULTS REPORT Exhibit "B" DATE: 10/30/6 SRESULT.FMT BURLINGTON NORTHERN & SANTA FE RWY. CO. TIME: 09:43�-25 EXPIRATION OR r CONTRACT TERMINATION TYPE CONTRACT NO. CONTRACTOR / DESCRIPTION DATE DATE LOCATION CODE NP 00007349.00 CENTRALIA, CITY OF 06/23/1929 11A, YELM GV-GN/BNRR PERMANENT SIPHON UNDERCROSSING, MP. 24+716; ASSIGNED TO THE CITY OF YELM, WA; -LAW-NO.: #15024 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 00002358.00 WASHINGTON, STATE OF 08/28/1972 WA, YELM GV-XS/BNRR INTERTIE HWY. TRAFFIC SIGNALS; 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&O INDUSTRIAL SPUR TRACK, MP. 24+4010; ASSIGNED TO THE CITY OF YELM, WA; NP 00017167.00 WESTERN FARMERS ASSOC 11/28/1962 WA, YELM ID-IT/BNRR -LAW-NO.: #24496• NP 00095877.00 OLYMPIC PIPELINE CO. WA, YELM PM-LO/BNRR NP 00095879.00 OLYMPIC PIPELINE CO. WA, YELM PM-LO/BNRR BN 00043187.00 RAILS TO TRAILS CONSERVANCY 02/11/1994 WA, VARIOUS PM-PS/BNRR SALE OF ALL RAIL, ETC., INCLUDING ALL TRACK MATERIALS, BRIDGES, CULVERTS & APPURTENANCES ALONG THE ROW; S 00001496.00 WASHINGTON STATE OF 07/07/1972 WA, YELM PM-PS/BNRR EASEMENT FOR ROADWAY 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 89016010.00 BOSEOUETT JERRY L 04/14/1989 WA, YELM PR-PC/BNRR M$0 PRIVATE ROAD CROSSING, SURVEY STATION 1445+10, MP. 27.38 LC 00219556.00 NORTHWEST EGG SALES INC 11/01/1975 WA, YELM PR-PC/BNRR PRVT GRD XING STA 476+10 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; NP 00095882.00. OLYMPIC PIPELINE CO. 05/01/1965 WA, YELM PR-PL/BNRR LONGITUDINAL PETROLEUM PIPELINE; PAGE: 1 KEYWORD SEARCH RESULTS REPORT Exhibit "B" DATE: 10/30/00' SRESULT.FMT BURLINGTON NORTHERN & SANTA FE RWY. CO. TIME: 09:55;,49 EXPIRATION OR CONTRACT TERMINATION TYPE CONTRACT NO. CONTRACTOR / DESCRIPTION DATE DATE LOCATION CODE 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; PX 90016037.00 SLOPAK JAMES L 02/01/1990 WA, YELM PR-PL/BNRR EXISTING 140 FEET LONGITUDINAL SEWER PIPELINE, SURVEY STATION 1353+91 TO 1355+31, MP. 25.65 TO 25.68, LINE SEGMENT 0400 PX 92016225.00 YELM, CITY OF 12/01/1992 WA, YELM PR-PL/BNRR PIPELINE CROSSING, I.S. 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; 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 00214860.00 YELM TELEPHONE CO 08/01/1974 WA, YELM PR-PW/BNRR PHONE CABLE XING MP 25+3303 FT 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 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 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; 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 88016117.00 PUGET SOUND POWER & LIGHT CO 09/30/1988 WA, YELM PR-PW/BNRR WIRE LINE CROSSING, SURVEY STATION 1444+90, MP. 27.38 I Exhibit it y PAGE: 2 KEYWORD SEARCH RESULTS-REPORT DATE: 10/3010,0 SRESULT.FMT BURLINGTON NORTHERN & SANTA FE RWY. CO. TIME: 09:55:50 EXPIRATION OR CONTRACT TERMINATION TYPE CONTRACT NO. CONTRACTOR / DESCRIPTION DATE DATE LOCATION CODE PX 89016004.00 YELM TELEPHONE CO 01/15/1989 WA, YELM PR-PW/BNRR OVERHEAD COMMUNICATION (TELEPHONE) WIRE CROSSING, SURVEY STATION 1786+70, MP. 33.85 PX 92016125.00 PUGET SOUND POWER & LIGHT CO 08/17/1992 WA, YELM PR-PW/BNRR TWO WIRE LINES, SURVEY STATION 1779+80, MP. 33, LINE SEGMENT 0400 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 94022121.00 YELM TELEPHONE 12/23/1994 WA, YELM PR-PW/BNRR UNDERGROUND CABLE 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; BF 00010856.00 PUGET SOUND ENERGY, INC. 06/15/1999 WA, YELM PR-PW/BNSF' ELECTRIC WIRE LINE, LS. 52, MP. 23; ASSIGNED TO THE CITY OF YELM, WA; -CAT-NO.: 501101 Message Page 1 of 2 Dana Spivey From: Shelly Badger Sent: Friday, December 02, 2005 4:20 PM To: Dana Spivey Subject: FW: YRPL Here is the e-mail I sent to Taro with an update on the recording of the RR quit claim deeds, I meant to cc you. I will forward another one that he sent me a bit ago, so you can read what he is saying. Thanks for the help on this. Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Shelly Badger Sent: Friday, December 02, 2005 4:17 PM To: Taro Kusunose' Subject: RE: YRPL Taro, well finally a response from me! We are currently in the process of working with our city attorney on getting the quit claim deeds recorded, however, are planning to try it first without pulling a title report. I will let you know how it goes. Also, I heard back from the IRS this week in response to our letter transmitting the sale/donation documents. They have accepted our suggestion that instead of providing them with ALL internal correspondence related to the Yelm ROW, that we instead send them only the correspondence with BNSF regarding the property. I will fax you a copy of the letter. Is this something that you can pull together for the City? I would feel more comfortable in you knowing what is appropriate correspondence to release. We ended up with about 4"of snow yesterday and last nite. Very pretty here, but made we want to be in a cabin in the mountains on vacation! Have a great weekend. Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Taro Kusunose [ma!Ito:kusunose@lasher.com] Sent: Thursday, December 01, 2005 2:47 PM To: Shelly Badger Subject: YRPL Hi Shelly: The snow is not sticking up here, but I bet things are different where you are. Stay safe. We keep missing each other on the YRPL follow up issues. We really need to get the deeds recorded. Please call when you can. Thanks. Taro Taro Kusunose,Esq. Lasher Holzapfel Sperry&Ebberson,PLLC 2600 Two Union Square 601 Union Street 12/7/2005 Message Page 1 of 3 Dana Spivey From: Shelly Badger Sent: Friday, December 02, 2005 4:22 PM To: Dana Spivey Subject: FW: BNSF Audit Here is the other e-mail that you may need while working with Tami/Brent. I think you said that after you worked with Tami, that you would forward to Brent's office and let them handle it from there. Perfect. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Taro Kusunose [mailto:kusunose@lasher.com] Sent: Friday, November 04, 2005 9:52 AM To: Shelly Badger Subject: RE: BNSF Audit Shelly: Attached are the Donation Agreement and the Quit Claim Deed. A copy of the Bill of Sale is also attached and should probably be included as part of the packet. The quit claim deeds should be recorded as soon as possible. Probably even before a full title report is pulled. That said, because of the odd shape of the property involved (4+ mile narrow corridor), we may need to enlist the help of a title company to get it recorded correctly. So, here is my recommended order of steps to take: 1) Send letter to IRS 2) Pull out the two (2) original deeds from your files 3) Get them recorded 4) Pull title to see what issues, if any, there may be. Taro Taro Kusunose,Esq. Lasher Holzapfel Sperry&Ebberson,PLLC 2600 Two Union Square 601 Union Street Seattle,Washington 98101-4000 USA (206)332-7551 Direct Dial (206)624-1230 Switchboard (206)340-2563 Fax kusunose@lasher.com Notice: This is a privileged and confidential electronic transmission intended only for the individual/entity named. If you received this transmission in error,please notify the sender by reply e-mail or by calling(206)332-7551,and then delete the transmission without copying it. Thank you. From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] 12/7/2005 Message Page 2 of 3 Sent: Thursday, November 03, 2005 12:53 PM To: Taro Kusunose Subject: RE: BNSF Audit Taro, thank you so much, very helpful! Regarding having title reports pulled for the properties in the deed....how labor intensive is it for your office to do that task for us? Also, do we wait until that task is done before recording the documents? We will get the letter out to the IRS tomorrow along with copies of the quit claim deed and donation agreements. Thanks, Shelly Shelly Badger Yelm City Administrator shellyb@ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 -----Original Message----- From: Taro Kusunose [mailto:kusunose@lasher.com] Sent: Wednesday, November 02, 2005 3:45 PM To: Shelly Badger Subject: BNSF Audit Shelly: Attached to this email is a proposed draft of a letter to the IRS examiner, Mr. Huffman, in response to Mr. Huffman's letter to you dated September 19 (copy of that letter also attached to this email). Please let us know if you need any changes made or if you have any questions or concerns. Otherwise, it can be edited by your office as needed, formatted, signed and sent to Mr. Huffman. I will email you copies of the Donation Agreement and the quit claim deed to enclose with the letter. Going through the file, I did notice that back in 2000, we did not advise the City to record the quit claim deed (for the donation deal, or for the$300K purchase deal). We have briefly examined the county records and it does not appear that the deeds were recorded. The letter to the IRS indicates that the donation deed might not be recorded. If the deeds have not been recorded, it is my opinion that they need to be recorded as soon as possible. My records indicate that the ORIGINAL signed deeds were sent to you via FedEx on November 20, 2000 as part of a packet of documents. As soon as possible, please have someone pull those original deeds and have them recorded, or sent to us so we can have them recorded. It may be best to order title reports (from a title company) covering the properties listed on the deeds to get an indication of what, if anything, has occurred with the parcels since 2000. It is most likely that nothing has happened in the interim, but we ought to know. Please feel free to contact me with any questions or concerns. Taro Taro Kusunose,Esq. Lasher Holzapfel Sperry&Ebberson,PLLC 2600 Two Union Square 601 Union Street Seattle,Washington 98101-4000 USA (206)332-7551 Direct Dial (206)624-1230 Switchboard (206)340-2563 Fax kusunose@lasher.com Notice: This is a privileged and confidential electronic transmission intended only for the individual/entity named. If you received this transmission in 12n12005 Page 1 of 1 r Dana Spivey :< From: Taro Kusunose:[kusunose@lasher.com] f`°, r ,_ Sent: Friday, November 04, 2005 4:23 PMi , l To: Dana Spivey Subject: Yelm Roy Prairie Line �' V, ^k Dana: Thanks for the fax(a copy of which is attached). As you noticed, there areYfi/vo quitclaim deeds: Thaf is because there were two transactions that occurred. One was the donation of some property, and the other was the sale of some property. Both transfers were by quitclaim deed. There should be signed original quitclaim deeds for both. Although the IRS is only interested in the donation, we need to record the quitclaim deeds for both the donation transfer, and the sale transfer. The copy of the packet I sent your office in 2000 shows that both were included in the same packet. Let me know if you continue to have difficulty finding the second signed quitclaim deed. Thanks. Taro Taro Kusunose,Esq. Lasher Holzapfel Sperry&Ebberson,PLLC 2600 Two Union Square 601 Union Street Seattle,Washington 98101-4000 USA (206)332-7551 Direct Dial (206)624-1230 Switchboard (206)340-2563 Fax kusunose@lasher.com Notice: This is a privileged and confidential electronic transmission intended only for the individual/entity named. If you received this transmission in error,please notify the sender by reply e-mail or by calling(206)332-7551,and then delete the transmission without copying it. Thank you. 11/4/2005 EXHIBIT C Agreements Assigned to City of Yelm In Whole or In Part 3. Page 1 EXHIBIT C Date: 11/01/2000 Agreements Assigned in Full or in Part To the City of Yelm,Washington Contract Cancellation Contract Contract No. Contractor(s)/Description Date Date Location Type Code BF 00010856.00 PUGET SOUND ENERGY, INC. 06/35/1999 WA,YELM PR-PW/BNSF ELECTRIC WIRE LINE, LS.52, MP.23 -CAT-NO.: 501101 BN 00002044.00 WASHINGTON, STATE OF 06/16/1972 WA,YELM GV-XS/BNRR 'IMPROVE CROSSING SIGNALS, MP.25+2973 BN 00003302.00 MCLINS, INC. 06/11/1973 WA,YELM ID-IT/BNRR CMO&O INDUSTRIAL TRACK&CROSSING, MP.25+723 BN 00007218.00 HARSCO CORP. 12/30/1976 WA,YELM ID-IT/BNRR M&O INDUSTRIAL SPUR TRACK, MP. 24+4010 CX 85016001.00 SILVASEED CO. 03/20/1985 WA, ROY PR-PC/BNRR PRIVATE ROAD CROSSING, MP.21+150 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 CX 90016022.00 DROBOT, STEVE& DOROTHY M.AND 12/03/1993 WA, ROY PR-PC/BNRR REEDER, RICHARD&LINDA L. PRIVATE ROAD CROSSING; LS.400, MP.21.03 LC 00210734.00 YELM TELEPHONE CO. 06/01/1973 WA,YELM PR-PW/BNRR OHD TELEPHONE WIRE CROSSING, MP.25+854 LC 00216559.00 STRINGHAM, H. R.- 12/16/1974 WA, ROY PR-PC/BNRR PRIVATE CROSSING, MP:21+150 LC 00221899.00 YELM, CITY OF 06/16/1976 WA,YELM PR-PUBNRR WATER PIPELINE CROSSING, MP.25+917 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 NP 00007349.00 CENTRALIA, CITY OF 06/23/1929 WA,YELM GV-GN/BNRR PERMANENT SIPHON UNDERCROSSING, MP.24+716 -LAW-NO.: 15024 r Page 2 EXHIBIT C Date: 11/01/2000 Agreements Assigned in Full or in Part To the City of Yelm,Washington Contract Cancellation Contract Contract No. Contractor(s)/Description _ Date Date Location Type Code NP 00013981.00 MURRAY, NELSON 07/22/1904 WA, ROY PR-PUBNRR 3/4 INCH WATER PIPELINE 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 -LAW-NO.:27737 NP 00038623.00 AVERY, G.A. 05/05/1922 WA, ROY PR-PW/BNRR ELECTRIC WIRE LINE CROSSING NP 00040855.00 THURSTON COUNTY UTILITIES CO. 12/20/1923 WA,YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING, MP.25+900 NP 00066454.00 PUGET SOUND POWER&LIGHT CO. 11/15/1946 WA,YELM PR-PW/BNRR ELECTRIC WIRE LINE,MP.25+1705 NP 00095881.00 OLYMPIC PIPELINE CO. 05/01/1965 WA, ROY PR-PUBNRR PETROLEUM PIPELINE CROSSING, MP.21+607 NP 00095882.00 OLYMPIC PIPELINE CO. 05/01/1965 WA,YELM PR-PUBNRR LONGITUDINAL PETROLEUM PIPELINE NP 00096020.00 PUGET SOUND POWER&LIGHT CO. 07/01/1965 WA, ROY PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING, MP.21+548 NP-00097220.00 YELM,TOWN OF 06/01/1966 WA,YELM PR-PUBNRR 2 WATER PIPELINE CROSSINGS, MP.25+917&MP.25+3965 NP 00097261.00 WASHINGTON NATURAL GAS CO. 07/01/1966 WA,YELM PR-PUBNRR NATURAL GAS PIPELINE CROSSING, MP.25+875 NP 00098040.00 PUGET SOUND POWER&LIGHT CO. 01/15/1967 WA,YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING,25+178 a Page 3 EXHIBIT C Date: 11/01/2000 Agreements Assigned in Full or in Part - To the City of Yelm,Washington Contract Cancellation Contract Contract No. Contractor(s)/Description Date Date Location Type Code PX 85016048.00 YELM TELEPHONE CO. 07108/1985 WA,YELM PR-PW/BNRR UGD LONGITUDINAL TELEPHONE CABLE, MP. 24+4235&MP.25+743 PX 92016225.00 YELM, CITY OF 12/01/1992 WA,YELM PR-PUBNRR -PIPELINE CROSSING, LS.400, MP.24.14 PX 92016226.00 YELM, CITY OF 12/01/1992 WA,YELM PR-PUBNRR SEWER PIPELINE CROSSING, LS.400, MP.25.16 PX 93016233.00 PUGET SOUND POWER&LIGHT 11/16/1993 WA,YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE, LS.400, MP.24.97 PX 94020688.00 YELM TELEPHONE CO. 12/23/1994 WA,YELM PR-PW/BNRR UGD CABLE CROSSING, LS.400, MP.24.98 PX 95021190.00 VIACOM CABLE 11/08/1995 WA,YELM PR-PW/BNRR UGD WIRE LINE CROSSING, LS.400, MP.25.15 .f 1. EXHIBIT C Agreements Assigned to City of Yelm In Whole or In Part Page 1 EXHIBIT C Date: 11/01/2000 Agreements Assigned in Full or in Part To the City of Yelm,Washington Contract Cancellation Contract Contract No. Contractor(s)/Description Date Date Location Type Code BF 00010856.00 PUGET SOUND ENERGY, INC. - 06/A5/1999 WA,YELM PR-PW/BNSF ELECTRIC WIRE LINE, LS.52, MP.23 -CAT-NO.:501101 BN 00002044.00 WASHINGTON,STATE OF 06/16/1972 WA,YELM GV-XS/BNRR 'IMPROVE CROSSING SIGNALS, MP.25+2973 BN 00003302.00 MCLINS, INC. 06/11/1973 WA,YELM ID-IT/BNRR CMO&O INDUSTRIAL TRACK&CROSSING, MP.25+723 BN 00007218.00 HARSCO CORP. 12/30/1976 WA,YELM ID-IT/BNRR M&O INDUSTRIAL SPUR TRACK, MP.24+4010 CX 85016001.00 SILVASEED CO. 03/20/1985 WA, ROY PR-PC/BNRR PRIVATE ROAD CROSSING,MP.21+150 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 CX 90016022.00 DROBOT,STEVE&DOROTHY M.AND 12/03/1993 WA, ROY PR-PC/BNRR REEDER, RICHARD&LINDA L. PRIVATE ROAD CROSSING; LS.400, MP.21.03 LC 00210734.00 YELM TELEPHONE CO. 06/01/1973 WA,YELM PR-PW/BNRR OHD TELEPHONE WIRE CROSSING, MP.25+854 LC 00216559.00 STRINGHAM, H. R. 12/16/1974 WA, ROY PR-PC/BNRR PRIVATE CROSSING, MP:21+150 LC 00221899.00 YELM, CITY OF 06/16/1976 WA,YELM PR-PUBNRR WATER PIPELINE CROSSING, MP.25+917 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 NP 00007349.00 CENTRALIA, CITY OF 06/23/1929 WA,YELM GV-GN/BNRR PERMANENT SIPHON UNDERCROSSING, MP.24+716 -LAW-NO.: 15024 r �a Page 2 EXHIBIT C Date: 11/01/2000 Agreements Assigned in Full or in Part To the City of Yelm,Washington Contract Cancellation Contract Contract No. Contractor(s)/Description r Date Date Location Type Code NP 00013981.00 MURRAY, NELSON 07/22/1904 WA, ROY PR-PUBNRR 3/4 INCH WATER PIPELINE 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 N0.660, OHD TELEPHONE WIRE LINE CROSSING, MP.21+548 -LAW-NO.:27737 NP 00038623.00 AVERY, G.A. ' 05/05/1922 WA, ROY PR-PW/BNRR ELECTRIC WIRE LINE CROSSING NP 00040855.00 THURSTON COUNTY UTILITIES CO. 12/20/1923 WA,YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING, MP.25+900 NP 00066454.00 PUGET SOUND POWER&LIGHT CO. 11/15/1946 WA,YELM PR-PW/BNRR ELECTRIC WIRE LINE, MP.25+1705 NP 00095881.00 OLYMPIC PIPELINE CO. 05/01/1965 WA, ROY PR-PUBNRR PETROLEUM PIPELINE CROSSING, MP.21+607 NP 00095882.00 OLYMPIC PIPELINE CO. 05/01/1965 WA,YELM PR-PUBNRR LONGITUDINAL PETROLEUM PIPELINE NP 00096020.00 PUGET SOUND POWER&LIGHT CO. 07/01/1965 WA, ROY PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING, MP.21+548 NP•00097220.00 YELM,TOWN OF 06/01/1966 WA,YELM PR-PUBNRR 2 WATER PIPELINE CROSSINGS, MP.25+917&MP.25+3965 NP 00097261.00 WASHINGTON NATURAL GAS CO. 07/01/1966 WA,YELM PR-PUBNRR NATURAL GAS PIPELINE CROSSING, MP.25+875 NP 00098040.00 PUGET SOUND POWER&LIGHT CO. 01/15/1967 WA,YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING,25+178 r? Page 3 EXHIBIT C Date: 11/01/2000 Agreements Assigned in Full or in Part To the City of Yelm,Washington Contract Cancellation Contract Contract No. Contractor(s)/Description Date Date Location Type 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 PX 92016225.00 YELM, CITY OF 12/01/1992 WA,YELM PR-PUBNRR -PIPELINE CROSSING, LS.400, MP.24.14 PX 92016226.00 YELM, CITY OF 12/01/1992 WA,YELM PR-PUBNRR SEWER PIPELINE CROSSING, LS.400, MP.25.16 PX 93016233.00 PUGET SOUND POWER&LIGHT 11/16/1993 WA,YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE, LS.400, MP.24.97 PX 94020688.00 YELM TELEPHONE CO. 12/23/1994 WA,YELM PR-PW/BNRR UGD CABLE CROSSING, LS.400, MP.24.98 PX 95021190.00 VIACOM CABLE 11/08/1995 WA,YELM PR-PW/BNRR UGD WIRE LINE CROSSING, LS.400, MP.25.15 EXHIBIT C Agreements Assigned to City of Yelm In Whole or In Part Page 1 EXHIBIT C Date: 11/01/2000 Agreements Assigned in Full or in Part To the City of Yelm,Washington Contract Cancellation Contract Contract No. Contractor(s)/Description Date Date Location Type Code BF 00010856.00 PUGET SOUND ENERGY, INC. 06/15/1999 WA,YELM PR-PW/BNSF ELECTRIC WIRE LINE, LS.52, MP.23 -CAT-NO.:501101 BN 00002044.00 WASHINGTON, STATE OF 06/16/1972 WA,YELM GV-XS/BNRR IMPROVE CROSSING SIGNALS, MP.25+2973 BN 00003302.00 MCLINS, INC. 06/11/1973 WA,YELM ID-IT/BNRR CMO&O INDUSTRIAL TRACK&CROSSING, MP.25+723 BN 00007218.00 HARSCO CORP. 12/30/1976 WA,YELM ID-IT/BNRR M&O INDUSTRIAL SPUR TRACK, MP. 24+4010 CX 85016001.00 SILVASEED CO. 03/20/1985 WA, ROY PR-PC/BNRR PRIVATE ROAD CROSSING, MP.21+150 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 CX 90016022.00 DROBOT,STEVE&DOROTHY M.AND 12/03/1993 WA, ROY PR-PC/BNRR REEDER, RICHARD&LINDA L. PRIVATE ROAD CROSSING; LS.400, MP.21.03 LC 00210734.00 YELM TELEPHONE CO. 06/01/1973 WA,YELM PR-PW/BNRR OHD TELEPHONE WIRE CROSSING, MP.25+854 LC 00216559.00 STRINGHAM, H. R. 12/16/1974 WA, ROY PR-PC/BNRR PRIVATE CROSSING, MP.21+150 LC 00221899.00 YELM, CITY OF 06/16/1976 WA,YELM PR-PUBNRR WATER PIPELINE CROSSING, MP.25+917 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 NP 00007349.00 CENTRALIA, CITY OF .06/23/1929 WA,YELM GV-GN/BNRR PERMANENT SIPHON UNDERCROSSING, MP.24+716 -LAW-NO.: 15024 Ct Page 2 EXHIBIT C Date: 11/01/2000 Agreements Assigned in Full or in Part To the City of Yelm,Washington Contract Cancellation Contract Contract No. Contractor(s)/Description - Date Date Location Type Code NP 00013981.00 MURRAY, NELSON 07/22/1904 WA, ROY PR-PUBNRR 3/4 INCH WATER PIPELINE 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 -LAW-NO.:27737 NP 00038623.00 AVERY, G.A. 05/05/1922 WA, ROY PR-PW/BNRR ELECTRIC WIRE LINE CROSSING NP 00040855.00 THURSTON COUNTY UTILITIES CO. 12/20/1923 WA,YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING, MP.25+900 NP 00066454.00 PUGET SOUND POWER&LIGHT CO. 11/15/1946 WA,YELM PR-PW/BNRR ELECTRIC WIRE LINE,MP.25+1705 NP 00095881.00 OLYMPIC PIPELINE CO. 05/01/1965 WA,ROY PR-PUBNRR PETROLEUM PIPELINE CROSSING, MP.21+607 NP 00095882.00 OLYMPIC PIPELINE CO. 05/01/1965 WA,YELM PR-PUBNRR LONGITUDINAL PETROLEUM PIPELINE NP 00096020.00 PUGET SOUND POWER&LIGHT CO. 07/01/1965 WA,ROY PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING, MP.21+548 NP•00097220.00 YELM,TOWN OF 06/01/1966 WA,YELM PR-PUBNRR 2 WATER PIPELINE CROSSINGS, MP.25+917&MP.25+3965 NP 00097261.00 WASHINGTON NATURAL GAS CO. 07/01/1966 WA,YELM PR-PUBNRR NATURAL GAS PIPELINE CROSSING,MP.25+875 NP 00098040.00 PUGET SOUND POWER&LIGHT CO. 01/15/1967 WA,YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE CROSSING,25+178 y Page 3 EXHIBIT C Date: 11/01/2000 Agreements Assigned in Full or in Part To the City of Yelm,Washington Contract Cancellation Contract Contract No. Contractor(s)/Description Date Date Location Type 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 PX 92016225.00 YELM, CITY OF 12/01/1992 WA,YELM PR-PUBNRR PIPELINE CROSSING, LS.400, MP.24.14 PX 92016226.00 YELM, CITY OF 12/01/1992 WA,YELM PR-PUBNRR SEWER PIPELINE CROSSING, LS.400, MP.25.16 PX 93016233.00 PUGET SOUND POWER&LIGHT 11/16/1993 WA,YELM PR-PW/BNRR OHD ELECTRIC WIRE LINE, LS.400, MP.24.97 PX 94020688.00 YELM TELEPHONE CO. 12/23/1994 WA,YELM PR-PW/BNRR UGD CABLE CROSSING, LS.400, MP.24.98 PX 95021190.00 VIACOM CABLE 11/08/1995 WA,YELM PR-PW/BNRR UGD WIRE LINE CROSSING, LS.400, MP.25.15 j EXHIBIT B BILL OF SALE THE BURLINGTON NORTHERN AND SANTA FE RAILVIAY COMPANY CBNSF") hereby donates and conveys to CITY OF YELM all of BNSF's rights, title and interest to the following unaffixed personal property located on BNSF's rail corridor between Milepost 20.99 in Roy, Washington and the end of this rail line at or near Milepost 25.26,in Yelm,Washington. BNSF HEREBY DISCLAIMS ANY REPRESENTATION OR WARRAN'T'Y,WHETHER EXPRESS OF IMPLIED,AS TO THE DESIGN OR CONDITION OF ANY SUCH PERSONAL PROPERTY HEREBY CONVEYED,ITS MERCHANTABILITY,OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. BNSF SHALL NOT BE LIABLE TO CITY OF YELM FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE DESIGN, CONDITION, QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY OF THE PERSONAL PROPERTY CONVEYED HEREBY. IN WITNESS WHEREOF,BNSF has caused this Bill of Sale to be executed by its duly authorized representative this 16ykday of November,2000. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: �' ..� Peter J. 'ckershauser Vice President-Network Development N.-%wiAgWwuA=uactslydm bill of sale AGREEMENT FOR DONATION OF CERTAIN ASSETS,RIGHTS AND OBLIGATIONS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY TO CITY OF YELM THIS AGREEMENT("Agreement")is entered into as of this day of r�YAeta ,2000, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation ("BNSF"), and The City of Yelm, a municipality in the the State of Washington("City"). WHEREAS,BNSF desires to donate and convey to City, on the terms and conditions set forth in this Agreement,BNSF's rail line and rail corridor ownership interests in its rail line segment between Milepost 20.99 in Roy,Washington,and Milepost 25.56 in Yelm,Washington(collectively, "Rail Line),together with BNSF's rights to conduct rail freight transportation business on the Rail Line, and certain other rights and obligations as specified in this Agreement; and WHEREAS,City desires to accept this donation from BNSF,and to.acgnire the Rail Line, BNSF's rights to conduct rail'freight transportation business on the Rail Line, and certain other rights and obligations as specified in this Agreement, pursuant to the terms and conditions set forth in this Agreement; R NOW,THEREFORE,City and,BNSF agree as follows: 1. Donation Conveyances and Assiinments. (a) BNSF shall donate and convey to City, on the date of Closing(as defined later herein), by Quitclaim Deed delivered by BNSF to City on that date,all of BNSF's ownership interest in BNSF's Rail Line(except a retained license to operate over such portion of the track at and near Roy,Washington as is necessary or convenient to interchange rail traffic between City and BNSF at Roy, Washington), which shall include all rail corridor land between the endpoint Mileposts of the Rail Line and all improvements that are located thereon. The Rail Line is described specifically in Attachment i to the Quitclaim Deed set forth as Exhibit A attached hereto,and made a part hereof. BNSF and City acknowledge that the Rail Line does not include the parcel of land in Yelm, Washington that is being conveyed by BNSF to City in a separate transaction following the date of this Agreement. (b) BNSF shall convey to City,effective on the date of CIosing,BNSF's right to conduct rail transportation business on the Rail Line,subject to the terms and conditions set forth in this Agreement,the Quitclaim Deed,the Bill of Sale and/or any agreement assigned by BNSF to City by the terms of this Agreement. (c) BNSF shall convey to City,on the date of Closing,by delivering to City on the date of Closing a Bili of Sale identical in form to the Bill of Sale set forth as Exhibit B attached hereto,and made a part hereof,all of BNSF's ownership interest in all personal property that,on the date of the Closing,does not constitute improvements on the Rail Line,but which then are present on the real property comprising the Rail Line. This conveyance shall be subject to the terms and conditions set forth in this Agreement,the Bill of Sale,the Quitclaim Deed and/or any agreement 2 assigned by BNSF to City by the terms of this Agreement. (d) BNSF hereby assigns to City,effective on the date of Closing,subject to all terms and conditions set forth in this Agreement,the Quitclaim Deed,the Bill of Sale and/or any agreement assigned by BNSF to City by the terms of this Agreement, all assignable rights and obligations of BNSF to the extent such rights and obligations are effective after Closing, to the extent that they are related to the Fail Line and are set forth in any agreement identified on Exhibit C attached hereto and made a part hereof. City hereby accepts the assignment of all such rights and obligations of BNSF, effective on the date of Closing, in accordance with the terms of each applicable agreement and the terms of this Agreement. BNSF,and not City,shall be responsible for performing all of BNSF's duties in assigned agreements which are required to be performed on or before the date of Closing. City,and not BNSF,shall be responsible for performing all assigned duties in assigned agreements which are required to be performed after the date of Closing. City acknowledges that BNSF reserves,and City does not acquire,all rights and obligations set forth in any agreement identified in Exhibit C to the extent those rights or obligations are related to property owned by BNSF after Closing. If any contract is related to the Rail Line and is intended to be assigned by BNSF to City,in whole or in part,but inadvertently is not identified in Exhibit C,BNSF promptly shall provide to City a copy of any such contract immediately upon locating it,and City, as of the date of its receipt of such copy,shall assume the rights and obligations in such contract to the extent they are related to the Rail Line. BNSF believes that Exhibit C is a complete or nearly complete list of all contracts related to the Rail Line that are intended to be assigned by BNSF to City. City shall make no claim against BNSF arising out of any failure to obtain a consent to assignment from any party to any agreement assigned by BNSF to City,in whole or in part BNSF 3 - does not believe that any consents to such assignments are necessary. 2. Conditions of Donation. City hereby accepts the following conditions to BNSF's donation of the Rail:.ine, and it's conveyance and assignment to City of other rights and obligations as described in Paragraph 1: (a) City accepts all transferred real property and personal property "AS IS, WHERE 18" and "with all faults." City acknowledges that certain track materials are missing from the Rail Line and that it cannot support train operations until certain repairs are made. (b) Commencing at 12:41 a.m. on the date following Closing, and continuing thereafter, City shall assume all common carrier obligations related to the Rail Line. (c) City shall take all actions and execute all documents that may be necessary or fielpful in connection with BNSF's charitable donation tax deduction for donation of the Rail .Line, including City executing the Donee Acknowledgment section of Internal Revenue Service Form 8283. (d) City shall pay all costs of Closing (except BNSF's cost of preparation of documents to be delivered at Closing), including, but not limited to, any escrow and service fees,real estate transfer taxes,excise taxes,recording fees and sales taxes associated with this Agreement or any of the conveyances governed by this Agreement. 1 3. Government Approval. City,at its sole expense,shall prepare and file such documents as may be required to secure approval, or exemption from approval, of this tr?nsaction by the federal Surface Transportation Board ("STB"). City shall make all reasonable efforts to obtain this approval or exemption in time for this transaction to close on November 16,2000. City shall permit BNSF to review prior to filing all documents proposed by City to be filed with the STB or any court to secure legal approval or exemption of this transaction. 4. Representations and Warranties. (a) BNSF hereby represents and warrants to City,and City's successors and assignees, the following facts,as of the date of this Agreement and as of the date of Closing: (1) BNSF is a corporation duly organized,validly existing,and in good standing under the laws of the State of Delaware,and is qualified to do business as a foreign corporation in the State of Washington. (2) BNSF has the corporate power and authority to enter into this Agreement and carry out its obligations under this Agreement; (3) The execution,delivery and performance of this Agreement have been duly authorized and approved by all necessary corporate actions of BNSF,and no finther corporate proceedings of BNSF are required to complete the transactions covered by this Agreement; (4) All of BNSF's obligations set forth in this Agreement constitute legal,valid 5 and binding obligations of BNSF which are enforceable against BNSF in accordance with their terms,except to the extent enforcement may be limited by bankruptcy,insolvency or reorganization law; (5) There is no p--Dvision in the Certificate of Incorporation or By-Laws of BNSF which prohibits the execution of this Agreement or consummation of the transactions covered by this Agreement;and (6) No representation or warranty by BNSF in this Agreement contains any untrue statement of a material fact, nor omits any material fact that is necessary to make any representation or warranty not materially misleading. (b) City hereby represents and warrants to BNSF, and all successors and assignees of BNSF,the following facts, as of the date of this Agreement and as of the date of Closing, except where specifically noted to be as of the date of Closing only: (1) City is municipality duly organized,validly existing and in good standing under the laws of the State of Washington; (2) City is a qualified donee within the meaning of Section 170(c)(1) of the Internal Revenue Code of 1986,as amended; (3) City has all requisite business authority to purchase BNSF's rights and properties which are conveyed to City by this Agreement;to enter into this Agreement;to conduct rail freight transportation business on the Rail Line (as of the date of Closing only);and to perform all of City's obligations under this Agreement; (4) The execution of this Agreement and consummation-of the transactions which 6• are a part of this Agreement have been duly authorized and approved by all necessary actions by City, and immediately upon execution of this Agreement by City's authorized representative,all of City's obligations set forth in or referenced in this Agreement shall constitute legal, valid and binding obligations of City, or City's successors or assignees, which obligations are enforceable against City in accordance with their terms, except to the extent enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other laws affecting the enforcement of creditors'rights generally and the application of general principles of equity; (5) There is no provision in the Charter of City,or any applicable law,ordinance or regulation, that prohibits the City's execution of this Agreement or it's consummation of the transactions covered by this Agreement; (6) As of the date of Closing only,City shall have obtained all legal authority which is necessary to enable City lawfully to conduct rail freight transportation operations over the Rail Line as a common carrier, commencing at 12:01 a.m..on the day following the date of Closing;and (7) No representation or warranty by City in this Agreement contains any untrue statement of a material fact,nor omits any material fact that is necessary to make any representation or warranty not materially misleading. 5. inspection and Condition of the Rail Line. (a) By signing this Agreement,City acknowledges that City has inspected the Rail Line,including all improvements and structures on the Rail Line,and all land to be conveyed as part of this transaction. City further acknowledges that: (i)except as set forth in this Agreement, no representation has been made by BNSF to City concerning the state or condition of the Rail Line, or the age of any improvements on the Rail Line; (ii)City has not relied upon any statement or declaration of BNSF,oral or in writing,as an inducement to entering into this Agreement,other than as stated in this Agreement;and(iii)all terms of this transaction are set forth in this Agreement. (b) BNSF HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED,AS TO THE DESIGN OR CONDITION OF THE RAIL LINE, ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR WORKMANSHIP OF THE RAIL LINE, OR THE CONFORMITY OF THE RAIL LINE TO ITS INTENDED USES. BNSF SHALL NOT BE LIABLE TO CITY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES(INCLUDING STRICT LIABILITY IN TORT)WITH RESPECT TO THE DESIGN,CONDITION,QUALITY, SAFETY,MERCHANTABILITY,OR FITNESS FOR ANY PARTICULAR PURPOSE,OF THE RAIL LINE,OR THE CONFORMITY OF THE RAIL LINE TO ITS INTENDED USES. BNSF DONATES AND CONVEYS,AND CITY ACCEPTS,THE RAIL LINE IN "AS IS, WHERE IS" AND"WITH ALL FAULTS" CONDITION,AND SUBJECT TO ALL LIMITATIONS ON THE RIGHTS,INTEREST AND TIME OF BNSF TO THE PROPERTY COMPRISING THE RAIL LINE. 6. Liability and Indemnity. (a) Cooperation in Defense. City and BNSF agree that,following the date of Closing, 8 w they will cooperate as necessary in defense of any claim,demand,investigation or litigation arising out of the ownership or operation of the Rail Line. (b) Definition of Losses. In this Agreement, the term "Losses" shall include all costs, expenses,fees or liabilities of,or in any way related to: (i)any violation of law or regulation,(ii) any damage to property,the environment or natural resources,(iii)any bodily injury or death of any person,or(iv)the breach of any contract, including this Agreement to the extent set forth in this Agreement. "Losses" shall include,but not be limited to,all costs of claims, activities in response to enforcement,costs of investigation and remediation,damages,judgments,awards,orders,decrees, payments,fines,penalties,assessments,court costs,and attorney,consultant and expert witness fees, and shall include cost recoveryor contribution claims made pursuant to CERCLA or similar federal or state laws. .(c) General Liability and Indemnity. (1) BNSF's General Liability and Indemnity. Except as provided in Paragraph 6(d)of this Agreement,BNSF shall be responsible for,and shall indemnify, defend and hold harmless City fully against,all Losses which: (i)arise out of BNSF's ownership or operation of the Rail Line, prior to the date of Closing;or(ii)result from any breach by BNSF of any representations or warranties of BNSF that are set forth in this Agreement, or any failure by BNSF to perform any obligations of BNSF under this Agreement. (2) City's General Liability and Indemnity►• Except as provided in Paragraph 6(d) of this Agreement,and further except for Losses resulting from one or more representations or warranties of BNSF as set forth in this Agreement 9 containing any untrue or materially misleading statement of a material fact, or omitting any material fact that is necessary to prevent that representation or warranty from being materially misleading,City shall be responsible for, and shall indemnify, defend and hold harmless BNSF fully against, regardless of any negligence of BNSF, all Losses which: (i) arise out of City's ownership or operation of the Rail Line after 12:01 a.m. on the day following the date of Closing;(ii)result from any breach by City of any of its representations or warranties set forth in Paragraph 4(b) of this Agreement,or any failure by City to perform any of its obligations under this Agreement; (iii) result from claims of third parties caused by City's nonperformance or required performance under any contract, lease,permit, license, easement or commitment relating to the Rail Line,if that contract, lease,permit,license,easement or commitment is identified in Exhibit C,or City has notice by BNSF of it and such contract, lease, permit, license, easement or commitment was intended to be assigned to,and assumed by, City at Closing; and Civ) are proximately caused, to any extent, by the activities, operations or presence of City or any of its agents, contractors, representatives,permittees or invitees,or any of their employees,who are on or near the Rail Line. (d) Enviroxunental Liability and Indemnity. (1) City's Acknowledgments with Respect to the Rail Line. City acknowledges that BNSF has provided City with full access to inspect the Rail Line. 10 (2) BNSF's Environmental Liability and indemni . Notwithstanding any other liability or indemnification provision in this Agreement, BNSF shall be responsible for, -and shall indemnify, defend and hold harmless City (including its successors and assignees)fully against,Losses incurred due to. any claim,demand or litigation,to the extent it is based on any violation or requirement of any applicable environmental statute, ordinance, rule, regulation,order or decision(collectively, "Environmental Laws"),and the Josses arise from: (i)any chemical,material or substance that is now,or at the time in question is, regulated or governed by any law, the release of which creates any liability under any applicable law;or(ii)any other material which, when released, would cause ecological damage in violation of any applicable Environmental Laws (items described by (i) or (ii) above are referenced hereinafter as"Hazardous Materials")located on,under or near the Rail Line,to the extent that such Losses: (A) were caused by one or more acts or omissions of BNSF that occurred prior to the date of Closing,and that could not have been discovered by City in a reasonable inspection of the Rail Line;and (B) result from any written claim made by a party other than City, ("Claims")that is delivered to.BNSF within one year following the date of Closing;and (C) exceed$10,000 in the aggregate in that year. As a condition o£BNSF's (3) City's Environmental Liability and Indemnity. 11 .. donation of the Rail Line, and notwithstanding the liability and indemnity provisions set forth in Paragraph 6(c) of this Agreement, City shall be responsible for,and shall indemnify,defend,and hold harmless BNSF fully against,regardless of any negligence of BNSF,Losses incurred due to any claim, demand or litigation, to the extent it is based on any violation or requirement of any applicable environmental statute, ordinance, rule, regulation, order or decision, and the Losses arise from any Hazardous Materials located on, under or near the Rail Line, to the extent that such Losses either: (A) resulted from any cause or causes that were not the result of one or more acts of BNSF that occurred prior to the date of Closing which could not have been discovered by City in a reasonable inspection of the Rail Line;or (B) were caused by one or more acts of BNSF that occurred prior to the date of Closing which could not have been discovered by City in a reasonable inspection of the Rail Line, and result from a Claim delivered to BNSF within one year following the date of Closing,but only up to$10,000 in the aggregate in that year;or (C) do not result from a Claim that is delivered to BNSF within one year following the date of Closing. (4) Arbitration of Allocation of Liability Between City and BNSF. Any dispute between City and BNSF as to allocation between them of Losses for which 12 both City and BNSF are responsible under the terms of this Paragraph 6 shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association, or with the rules of such other alternative dispute resolution sery ice as BNSF and City may agree. (5) City To Comply With Hazardous Materials Laws. City agrees to comply with all applicable federal, state and local laws, regulations and rules concerning handling and disposal of Hazardous Materials in connection with City's ownership of,and activities onand.near,the Rail Line- (6) Liability Remedies and Obligations Are Exclusive. City and BNSF agree that the remedies and obligations set forth in this Paragraph 6 shall be exclusive remedies and obligations of each one to the other with respect to any Losses relating to the release or existence of Hazardous Materials on or near the Rail Line. (e) BNSF to Deliver Certain Property Records to City. BNSF shall make good faith efforts to deliver to City,at or before the date of Closing,originals or copies of whatever records, prints,archival information,or other evidence that BNSF locates in'a reasonable search of BNSF's records,which bears upon the use of,maintenance,or title to the real estate comprising the Rail Line. If, at any time after Closing, BNSF locates any other documents which bear upon the use of, maintenance, or title to any such real estate,BNSF promptly shall provide originals or copies of those documents to City. BNSF shall indemnify and hold harmless City against any and all Losses that City incurs that result from BNSF not having delivered any relevant and necessary documents which bear upon the use of,maintenance,or title to any such real estate at or before Closing. 7. Assignment. Any assignee,including any successor in interest,of City's rights under or property acquired by this Agreement, must first assume in writing delivered to BNSF all of City's continuing and existing, or thereafter arising, obligations under this Agreement, and under any then effective contract assigned by BNSF to City, in whole or in part, in accordance with the terms of this Agreement. 8. Obligations are Continuing. The representations,warranties and obligations of BNSF and City in this Agreement are continuing and survive the Closing and delivery of the Quitclaim Deed. Terms of continuing obligations in this Agreement are subject to amendment only by a written contract signed by City and BNSF,or their respective successors or assignees. 9. Liens and Encumbrances. BNSF represents and warrants that,to BNSF's knowledge,BNSF has not caused or suffered, and will not cause or suffer prior to the date of Closing, any liens or encumbrances to secure the payment of a debt of BNSF to be filed against the Rail Line which would materially adversely affect City. BNSF-represents and warrants that,to BNSF's knowledge,except for.(i)the lien of BNSF's General Lien Mortgage,dated November 10, 1896,between BNSF's predecessor, Northern Pacific Railway,and the Mercantile Trust Company,as supplemented,and(ii)the lien of BNSF's Consolidated Mortgage,dated March 3, 1970,between BNSF's predecessor, Burlington 14 Northern,Inc.,and Morgan Guaranty Trust Company of New York,as supplemented(collectively, "Mortgages'),BNSF has not caused or suffered any lien or encumbrance to secure the payment of a debt of BNSF to be filed against BNSF's ownership interest in the Rail Line,and BNSF warrants that the liens of the Mortgages will not materially adversely affect City. BNSF will deliver to City, within a year following Closing,an executed release of BNSF's ownership interest in the Rail Line from the liens of the Mortgages. Until such releases are delivered to City,BNSF shall indemnify City against any Losses that City incurs after Closing that result from BNSF not having delivered such executed releases to City. City agrees to take title to the Rail Line asset; and ownership interests conveyed by the terms of this Agreement subject to all liens and encumbrances on those assets and ownership interests. 14. Pending Public Works Projects. BNSF has no knowledge of any pending government funded public works projects on the Rail Line. 11. City to Offer to Hire BNSF's Qualified Employees. City shall consider for initial employment in operating and maintaining the Rail Line any of BNSF's employees who are eligible to work on the Rail Line on the date of this Agreement. City shall give priority hiring consideration for any such positions to such employees of BNSF who are represented by the Brotherhood of Maintenance of Way Employees. City shall offer to hire for any such positions at salary levels and other terms and conditions of employment that are determined by City to be appropriate,all of those employees who City,in its sole discretion,determines to be 15 r. best qualified and needed. City promptly shall notify BNSF of the name of each of BNSF's current employees who City offers to hire,and also the name of each of these employees who City actually hires. City shall assume a neutral stance in any Brotherhood of Maintenance of Way Employees union organizing effort. 12. Closin . (a) The closing("Closing")of this bmisaction shall occur on November 16,2000, or another date mutually agreed by the parties in writing. (b) At Closing,BNSF shall deliver to City the following documents: (1) An original executed,attested and notarized Quitclaim Deed to the Rail Line in exact form as the Quitclaim Deed att4ched hereto as Exhibit A;and (2) An executed Bill of Sale in exact form as the Bill of Sale attached hereto as Exhibit B. (c) At or before Closing, Shortline shall deliver to BNSF copy of City's City Code,and any applicable Sections from the Revised Code of Washington,as adopted by reference by the City in the City Code. 13. Proration. Prepaid rentals, utilities, and other income or fees attributable to the Rail Line interests to be transferred by BNSF to City,under the terms of this Agreement shall be prorated between BNSF and City in such manner as to allocate to BNSF all income and expenses attributable 16 to the Rail Line that has been received,or for which bills have been received,on or prior to the date of Closing; and to allocate to City all income and expenses attributable to the Rail Line that is received,or for which bills are received, after the date of Closing. BNSF shall be responsible for all real estate taxes applicable to the Rail Line through the date of Closing. City shall be responsible for any taxes applicable to City as owner of the Rail Line after the date of Closing. 14. Interchange. (a) City and Railway may interchange rail freight traffic,cars and locomotives to and from each other on tracks on the northeastern end of the Rail Line,at Roy,Washington. The l track or tracks used for this interchange shall be known as the"Interchange Track." (b) Cars and their contents that are delivered by one party to the other on the Interchange Track shall be deemed to be in the possession of the reo6ving party as of the time they are placed on the Interchange Track and uncoupled from the delivering party's train or engine,except that if any such car is rejected by the receiving party under the Interchange Rules of the Association of American Railroads("AAR")or any successor rules,the refuse&car shall be deemed to remain in the possession of the delivering party until that car is accepted by the receiving party. 15. Car Hire Costs. The party'M'possession of any car shall be responsible for all car hire costs,per diem expenses and mileage allowances payable with respect to such car, for any per diem charges for trailers or containers carried by such car, or for any equipment use charges applicable to any RoadRailer equipment or similar carless intermodal technology. 17 1 d. City and BNSF to Publish Combination Rates to and From Roy, Washington. BNSF may establish combination rates to and/or from Roy, Washington, as appropriate,to handle rail freight traffic interchanged between BNSF aid City at Roy,Washington City may establish combination rates to and/or from Roy,Washington,as appropriate,to handle the rail freight traffic that originates or terminates on the Rail Line. 17. Time is of the Essence. Time is of the essence in this Agreement. 18. Transfer of Operations. All responsibility and authority for conducting rail operations on the Rail Line shall be transferred from BNSF to City at 12:0I am.on the day following the date of Closing. 19. Transfer of Liabilities;Payment of Charges. For the period before and including the day of Closing,BNSF shall be responsible for.(a)all common carrier rail operations,including car supply,on the Rail Line;(b)any fieight loss and damage claims attributable to rail operations over the Rail Line;and(c)all car accounting and all car hire and car mileage allowance payments relating to rail operations over the Rail Line. At and after 12:01 am. on the day following the date of Closing, City shall be responsible for. (d) all common carrier rail operations, including car supply,on the Rail Line; (e) any freight loss and damage claims attributable to rail operations over the Rail Line;and(f)all car accounting and all 18 t car hire and car mileage allowance payments relating to rail operations over the Rail Line. 20. Electronic Data Interchange. Within six months following the month ir,which City and BNSF interchange any freight cars at Roy, Washington, City must have the ability to send and receive electronically waybills,advanced consists,and bills of lading; as well as Train II reports and passing/placement reportings for performance purposes. Transaction reporting should be at industry standard levels or one level behind. 21. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. 22. Effect of Waiver. Any waiver by any party to this Agreement,or failure by any such party to insist upon full and complete performance by any other party to this Agreement of its obligations set forth in this Agreement,shall not constitute a waiver or release of such party's right to insist upon full and complete performance of any other obligations in this Agreement,or a waiver or release of such parry's right to insist upon full and complete performance of the obligations that were waived or not the waiver or failure to insist upon full and complete enforced for periods prior to, or following, performance. This Agreement shall be amended or modified only by written agreement signed by all-dm parties hereto. 23. Notices. All notices and other communications under this Agreement shall be in writing and deemed properly served if delivered by hand to the party addressed or,if mailed,when received by the United States Postal Service in registered or certified mail, postage prepaid, or, if sent by a national overnight service, when received by the carver service in a prepaid mailer,return receipt requested,addressed as follows: BNSF: Mr.Jerome M.Johnson Assistant Vice President Shortline Development The Burlington Northern and Santa Fe Railway Company 2600 Lou Menk Drive Fort Worth,Texas 76131 City: Ms. Shelly Badger City Administrator,City of Yelm 105 Yehn Avenue West P.O.Box 479 Yelm,Washington 98597 Either party hereto may change its address or addressee to which notices are to be given by providing written notice of the change to the other party. 24. Confidentiality. Except to the extent that the terms of this Agreement are required to be disclosed by the STB,by order of any court of competent jurisdiction or any governmental agency, or by laws or regulations applicable to the City entering into this transaction,each party to this Agreement shall 20 r.. not disclose the contents of this Agreement to any other party,without the prior written consent of the other parties to this Agreement. Any party who learns of any of the terms of this Agreement shall be required by the party to this Agreement who is disclosing the information not to disclose those terms to any other party without the prior written consent of both parties to this Agreement. 25. Entire Agreement;Integration of Agreement. This document, together with all Exhibits attached hereto, constitutes the entire agreement between City, BNSF and Railway relating to this transaction. Any other prior or contemporaneous agreements,understandings,representations or statements,whether oral or written, relating to this transaction are merged herein. The headings and titles to provisions in this Agreement are for convenience only,and shall not be deemed to modify or affect the rights or duties of City or BNSF. All rights and obligations of City and BNSF set forth in this Agreement,or in any Exhibit attached hereto,are integral parts of this Agreement. The parties agree that the terms herein have been arrived at by mutual negotiation and that no terms herein shall be presumptively construed against either party regardless of who drafted it in the fust instance. 21 IN WITNESS WHEREOF,authorized representatives of City and BNSF have executed this Agreement as of this �e!day of November,2000. THE BURLINGTON NORTHERN AND CITY OF YELM SANTA FE RAILWAY COMPANY By. 41 J By: Peter .Rickershauser 1rull Vice President OA J81- Network Development NA1zw,mkg%dwwkont=syre1m do=6=4 22 i Please fill-in the recording information below and mail this self-addressed, metered card. j i 11 1 lrn D . 7 Buyer. 1WA Filed of public record as follows: RECORDING 1 Recording Date: County: I-^si6n State: A. B k/Volume Pages o ent No. i 1-141 0 �IN C i BNSFFile #; -7�-) t SN$F NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES BUSINESS REPLY MAIL FIRST.CLASS MAIL PERMIT NO 1252 FORT WORTH TX POSTAGE WILL BE PAID BY ADDRESSEE TAMMY. K. HERNDON BURLINGTON NORTHERN SANTA FE PROPERTY MANAGEMENT PO BOX 961050 FORT WORTH TX 76161-9800 111111111Iloilo IhIIIIII„11111 Return recorded document to: Taro Kusunose Lasher Holzapfel Sperry& Ebberson P.L.L.C. 2600 Two Union Square 601 Union Street Seattle, WA 98101-4000 PARTIAL RELEASE Reference No.: 14546 and 817924 Grantor: CitiBank N.A., Trustee U.S. Bank Trust National Association, Trustee Grantee: BNSF Railway Company, A Delaware corporation Legal Description: Sections 16, 17, 19, 20, Township 17 North, Range 2 East, W.M. (abbreviated) Tax Parcel Number: 19032023900 {Client Files\15336\S433348.DOC} 3887982 Page 1 of 8 12/14/2006 08:50 AM Partial Release Thurston County Washington LASHER HOLZAPFEL SPERRY & EBBERSON 11111111 II 11111111 III II II 1111111111111 III III II III IIIII 111111111 IT 1111 PARTIAL RELEASE THIS INDENTURE made on e � & 29 20(o by and among, CITIBANK, N.A. (successor by merger to First National ity Trust Company) a national banking association, as trustee, party of the first part, U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as Trustee (successor to Morgan Guaranty Trust Company of New York), party of the second part and The Burlington Northern and Santa Fe Railway Company, now BNSF RAILWAY COMPANY (successor by merger to Northern Pacific Railway Company), a corporation organized under the laws of the State of Delaware, party of the third part, WITNESSETH: WHEREAS, the property described in Exhibit "A" attached hereto and by this reference made a part hereof is subject to the lien of that certain mortgage known as the General Lien Mortgage of Northern Pacific Railway Company, dated November 10, 1896, made by Northern Pacific Railway Company to The Farmers' Loan and Trust Company, Trustee of which mortgage Citibank, N.A., party of the first part, is trustee. On June 28, 1929, The Farmers' Loan and Trust Company, a New York corporation, became known as City Bank Farmers Trust Company, and at the close of business on January 30, 1959, said corporation was converted into a national banking association under the title "First National City Trust Company." Said First National City Trust Company as of the close of business on January 15, 1963, was merged with First National City Bank, a national banking association, and on March 1, 1976, First National City Bank became known as Citibank, N.A.; and WHEREAS, the property described in said Exhibit "A" is also subject to the lien of that certain mortgage known as the Consolidated Mortgage of Burlington Northern Inc., dated March 2, 1970, made by Burlington Northern Inc. to U.S. Bank Trust National Association, as corporate trustee, and to Laura Roberson (successor to W. A. Johnson), as an individual trustee, party of the second part, and WHEREAS, said mortgages were filed for record, among other places, in the office of the Auditor, County of Thurston, State of Washington, as a real estate mortgage, as follows: Mort a e Filed Book Pae Document No. General Lien 12/31/1896 P Mt s. 1 -41 14546 Consolidated 03/04/1970 501 429 817924 388 97 82 Page 2 of 8 12/14/2006 08:50 AM Partial Release Thurston County Washington LASHER HOLZAPFEL SPERRY & EBBERSON 11111111III11Plit 111111V11111111111111111113111111111111111111111111111 r ' WHEREAS, by virtue of and as a result of an agreement of merger which became effective March 2, 1970, Northern Pacific Railway Company, the mortgagor named in said General Lien Mortgage, was merged into and with Great Northern Pacific & Burlington Lines, Inc., the name of which company was changed to Burlington Northern Inc. on March 2, 1970; and WHEREAS,by Indenture, dated March 2, 1970, supplemental to said General Lien Mortgage, Burlington Northern Inc.`assumed and agreed to be bound by all the covenants and conditions of the said General Lien Mortgage therein agreed to be kept and performed by Northern Pacific Railway Company and succeeded to and was substituted for Northern Pacific Railway Company in said mortgage; and WHEREAS, subsequent to the name change of Burlington Northern Inc. to Burlington Northern Railroad Company on May 14, 1981, by two Supplemental Indentures each dated May 14, 1981, Burlington Northern Railroad Company assumed and agreed to be bound by all of the covenants of said General Lien Mortgage and said Consolidated Mortgage and supplements thereto; and WHEREAS, in accordance with permissive authorization to merge as set forth in the Interstate Commerce Commission decision effective as of September 22; 1995 and by Agreement and Plan of Merger dated December 31, 1996, The Atchison, Topeka and Santa Fe Railway Company merged with and into Burlington Northern Railroad Company and the corporate name of said company was changed to The Burlington Northern and Santa Fe Railway'Company; WHEREAS, in connection with the merger of The Atchison, Topeka and Santa Fe Railway Company with and into Burlington Northern Railroad Company and the name change of Burlington Northern Railroad Company to The Burlington Northern and Santa .Fe Railway Company on December 31, 1996, by two Supplemental Indentures, both dated as of December 31, 1996, The Burlington Northern and Santa Fe Railway Company has ratified, confirmed and continued uninterrupted all obligations enforceable as of December 31, 1996 in the General Lien Mortgage of Northern Pacific Railway Company and the Consolidated Mortgage of Burlington Northern Inc. and all supplements to such mortgages and has succeeded to and been substituted for Northern Pacific Railway Company and Burlington Northern Inc.;respectively,in said mortgages; and WHEREAS, by amendment to its Certificate of.Incorporation in the State of Delaware the corporate name of The Burlington Northern and Santa Fe Railway Company was changed to BNSF Railway Company and the name change was reflected in a Supplemental Indenture dated as of January 20, 2005 to the General Lien Mortgage and the Twenty-Seventh Supplemental Indenture dated as of January 20, 2005 to the Burlington Northern Inc. Consolidated Mortgage and whereas in said supplemental indentures the Company continues uninterrupted the obligations under the General Lien Mortgage and the Consolidated Mortgage enforceable as of January 20, 2005 and BNSF Railway Company has been substituted for Northern Pacific Railway Company and Burlington.Northern Inc., respectively, in said Mortgages. WHEREAS, The Burlington Northern and Santa Fe Railway Company, now BNSF Railway Company duly and in accordance with the provisions of said mortgages, has made application to the Trustees thereof for the release of said property from the lien thereof; NOW THEREFORE, THIS INDENTURE WITNESSETH that; Citibank, N.A., Trustee of said General Lien Mortgage, party of the first part, and U. S. Bank Trust National Association, 3887982 Page 3 of 8 12/14/2006 08:50 AM Partial Release Thurston County Washington LASHER HOLZAPFEL SPERRY & EBBERSON 111111 IN 1111 HE 11111111111111111111111111 . 1 Trustee of said Consolidated Mortgage, party of the second part, in consideration of the sum of One Dollar($1.00) and other valuable consideration, do hereby forever release and discharge from the lien of said mortgages and all supplements thereto, respectively, all of their respective rights, title and interest, as such trustees, in and to the property situate in the County of Thurston, State of Washington,more fully described in said Exhibit"A'hereto attached. TO HAVE AND TO.HOLD said property unto said party of the third part, its successors and assigns,free and clear and discharged of and from all liens and claims under said mortgages. The recitals made herein are to be taken only as recitals made by The Burlington:Northern and Santa Fe Railway Company, now BNSF Railway Company and not by any of the mortgage trustees. The reservations and exceptions, if any, set forth in said Exhibit "A" are intended to be for the benefit of the mortgage trustees as well as The Burlington Northern and Santa Fe Railway Company, now BNSF Railway Company and the liens of the aforesaid mortgages on the rights and interests so reserved and excepted, if any, are not released, and nothing herein contained shall anywise affect, alter or diminish the liens or encumbrances of the aforesaid mortgages on any of the properties covered by them respectively which are not hereby specifically released. This release is executed by said mortgage trustees without covenants or warranties,,either expressed or implied, and shall bewithout recourse against such trustees or any of them in any event whatsoever. IN WITNESS WHEREOF, said mortgage trustees have caused this indenture to be signed and acknowledged or approved by their respective authorized officers, and have caused their respective corporate seals to be hereunto affixed and"the same to be attested by the signatures of their respective authorized officers, all as of the day and year first above written. 3887982 Page 4 of 8 12/14/2006 08:50 AM Partial Release Thurston County Washington LASHER HOLZAPFEL SPERRY & EBBERSON 1111111III 11E1111111111III 11111111111111111111111111111111111111111111111111IN Signed, sealed and delivered on CITIBANK,N.A., as Trustee under the General Lien behalf of Citibank,N.A., Mortgage of the Northern Pacific Railway Company, as Trustee,in presence of: dated November 10, 1896 By -- NA sist t Vice President ATT ca ®rfy Ice eside STATE OF NEW YORK ) COUNTY OF NEW YORK )§ CITY OF NEW YORK ) On �� / � before me, a—►, Cj'- �� a notary public, personally appeared NN813:1118 n Iv;rry to me known to be MICE PRESIDENT of Citibank, N.A., as Trustee, one of the corporations which executed the foregoing instrument, and who being duly sworn did say that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and official seal on P1-? Notary Public Zam rnh O-Arvin Notary Pu"-Hc, Stato of New York No.01EL6074807 C0mm9ssion Expires4Q=m Gilualified In-N0Y�X County 3887982 Page 5 of 8 12/14/2006 08:50 RM Partial Release Thurston County Washington LASHER HOLZAPFEL SPERRY & EBBERSON IIIIIIIIII111111111111111111111111111111111111 IN111111111111111IIII III 1111III �, ti Signed, sealed and delivered on U. S. BANK TRUST NATIONAL ASSOCIATION behalf of U. S.Bank Trust as Trustee under the Consolidated Mortgage of National Association, Burlington Northern,Inc.,dated March 2, 1970 in presence f: By EIVI Vie esident ATTEST: t TrOt-br' C.CIA V STATE OF NEW YORK ) �� i3 � I I k; COUNTY OF NEW YORK CITY OF NEW YORKr 2 On this A(vVS7 2f/. 2066 , before me, e4leo�lr/ a notary public, personally appeared - , to me known to be a Vice President of U.S. Bank Trust National Association, as Trustee, one of the corporations which executed the foregoing instrument, and who being duly sworn did say that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and official seal on 14qCas-r ? r, love Notary Public,.:Cit�r ,Cou State of NevG'`York. 0�'"`y Ido.®laEg8is�6 My commission ekpiff 3887982 Page 6 of 8 12/14/2006 08:50 AM Partial Release Thurston County Washington LASHER HOLZAPFEL SPERRY & EMERSON I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII ILII VIII VIII VIII VIII IIII IIII BNSF 01507 Roy to Yelm, Thurston County, Washington - Former Northern Pacific Railway Company property conveyed to The City of Yelm. Exhibit "A" THE REAL ESTATE AND 12YIPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLD• E, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS-16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 FAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: -.. ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LWE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16; ALSO, ALL„THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATEDD-AN .-CONSTRUCTED UPON, OVER-AND ACROSS -GOVERNMENT LOTS 4 AND 9 AND THE SWI/NEI/ OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/NEV; ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWV SEV4 AND THE SWI/ OF SAID SECTION 17, THE NWI/NW1/. OF SAID SECTION 20, AND THE NEI/ AND THE SEI4 SEI/NWT 4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SEV4 OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH - LINE OF SAID SEi/SEI/4NW1/4 OF SAID SECTION 19; ALSO, A 30.0 FOOT WIDE CORRIDOR., BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS- THE SWIG OF 1 3887982 Page 7 of 8 12/14/2006 08:50 RM Partial Release _ Thurston County Washington LRSHER HOLZRPFEL SPERRY & EBBERSON 11111111111111111111111111111111111111111111 IN 111111111111111111111111111111111 IN SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. 2 3887982 Page 8 of 8 12/14/2006 08:50 RM Partial Release Thurston County Washington LRSHER HOLZRPFEL SPERRY & EBBERSON I IIIIIII III IIIIII IIII III II II I IIIIIII IIIIII IIII IIIIIII VIII VIII VIII VIII IIII III i Please fill-in the recording information below and mail this self-addressed, metered card. I� i Buyer.: WA 9 � 5q-7 i Filed of public record as follows: I RECORDING Recording Date: Coun : Ce State: WA k/Volume . Pages current No. BNSF File #: 6150 -7 ( � SNF NO POSTAGE NECESSARY IF MAILED IN THE UNITED STATES i BUSINESS REPLY MAIL FIRST•CLASS MAIL PERMIT NO 1252 FORT WORTH TX POSTAGE WILL BE PAID BY ADDRESSEE TAMMY K. HERNDON BURLINGTON NORTHERN SANTA FE PROPERTY MANAGEMENT PO BOX 961050 FORT WORTH TX 76161-9800 I Illlllllllillllll�lllllll�llill�llrllflil�llllllllllll�Il Illlllillldl '"'12 211 7 PGS Return recorded document to: 1211212006 10:31am 838'00 Taro Kusunose PIERCE COUNTY, WASHINGTON I. Lasher Holzapfel Sperry &Ebberson P.L.L.C. 2600 Two Union Square 601 Union Street Seattle, WA 98101-4000 PARTIAL RELEASE Reference No.: 2335020 Grantor: CitiBank N.A., Trustee U.S. Bank Trust National Association, Trustee Grantee: BNSF Railway Company, A Delaware corporation Legal Description: Sections 4, 9, 16, Township 17 North, Range 2 East;W.M. (abbreviated) Tax Parcel Number: 000 3101 100 {Client Files\15336\S433340.DOC} PARTIAL RELEASE THIS INDENTURE made on S eA+. 2 9 2 CC) by and among, CITIBANK, N.A. (successor by merger to First National 'City Trust Company) a national banking association, as trustee, party of the first part, U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as Trustee (successor to Morgan Guaranty Trust Company of New York), party of the second part and The Burlington Northern and Santa Fe Railway Company, now BNSF RAILWAY COMPANY (successor by merger to Northern Pacific Railway Company), a corporation organized under the laws of the State of Delaware,party of the third part,WITNESSETH: WHEREAS, the property described in Exhibit"A" attached hereto and by this reference made a part hereof is subject to the lien of that certain mortgage known as the General Lien Mortgage of Northern Pacific Railway Company, dated November 10, 1896, made by Northern Pacific Railway Company to The Farmers'Loan and Trust Company, Trustee of which mortgage Citibank,N.A., party of the first part, is trustee. On June 28, 1929, The Farmers' Loan and Trust Company, a New York corporation, became known as City Bank Farmers Trust Company, and at the close of business on January 30, 1959, said corporation was converted into a national banking association under the title "First National City Trust Company." Said First National City Trust Company as of the close of business on January 15, 1963, was merged with First National City Bank, a national banking association, and on March 1, 1976,First National City Bank became known as Citibank,N.A.; and WHEREAS, the property described in said Exhibit "A" is also subject to the lien of that certain mortgage known as the Consolidated Mortgage of Burlington Northern Inc., dated March 2, 1970, made by Burlington Northern Inc. to U.S. Bank Trust National Association, as corporate trustee, and to Laura Roberson (successor to W. A.Johnson), as an individual trustee,party of the second part, and WHEREAS, said mortgages were filed for record, among other places, in the office of the Auditor, County of Pierce, State of Washington, as a real estate mortgage, as follows: Morta e Filed Book Pae Document No. General Lien 01/05/1897 77 Mt s. 1 -66 N/A Consolidated 03/04/1970 N/A N/A 2335020 WHEREAS, by virtue of and as a result of an agreement of merger which became effective March 2, 1970, Northern Pacific Railway Company, the mortgagor named in said General Lien Mortgage, was merged into and with Great Northern Pacific & Burlington Lines, Inc., the name of which company was changed to Burlington Northern Inc. on March 2, 1970; and WHEREAS,by Indenture,dated March 2, 1970, supplemental to said General Lien Mortgage, Burlington Northern Inc. assumed and agreed to be bound by all the covenants and conditions of the said General Lien Mortgage therein agreed to be kept and performed by Northern Pacific Railway Company and succeeded to and was substituted for Northern Pacific Railway Company in said mortgage; and WHEREAS, subsequent to the name change of Burlington Northern Inc. to Burlington Northern Railroad Company on May 14, 1981, by two Supplemental Indentures each dated May 14, 1981, Burlington Northern Railroad Company assumed and agreed to be bound by all of the covenants of said General Lien Mortgage and said Consolidated Mortgage and supplements thereto; and WHEREAS, in accordance with permissive authorization to merge as set forth in the Interstate Commerce Commission decision effective as of September 22, 1995 and by Agreement and Plan of Merger dated December 31, 1996, The Atchison, Topeka and Santa Fe Railway Company merged with and into Burlington Northern Railroad Company and the corporate name of said company was changed to The Burlington Northern and Santa Fe Railway Company; WHEREAS, in connection with the merger of The Atchison, Topeka and Santa Fe Railway Company with and into Burlington Northern Railroad Company and the name change of Burlington Northern Railroad Company to The Burlington Northern and Santa Fe Railway Company on December 31, 1996, by two Supplemental Indentures, both dated as of December 31, 1996, The Burlington Northern and Santa Fe Railway Company has ratified, confirmed and continued uninterrupted all obligations enforceable as of December 31, 1996 in the General Lien Mortgage of Northern Pacific Railway Company and the Consolidated Mortgage of Burlington Northern Inc. and all supplements to such mortgages and has succeeded to and been substituted for Northern Pacific . Railway Company and Burlington Northern Inc.,respectively,in said mortgages; and WHEREAS, by amendment to its Certificate of Incorporation in the State of Delaware the corporate name of The Burlington Northern and Santa Fe Railway Company was changed to BNSF Railway Company and the name change was reflected in a Supplemental Indenture dated as of January 20, 2005 to the General Lien Mortgage and the Twenty-Seventh Supplemental Indenture dated as of January 20, 2005 to the Burlington Northern Inc. Consolidated Mortgage and whereas in said supplemental indentures the Company continues uninterrupted the obligations under the General Lien Mortgage and the Consolidated Mortgage enforceable as of January 20,2005 and BNSF Railway Company has been substituted for Northern Pacific Railway Company and Burlington Northern Inc., respectively, in said Mortgages. WHEREAS, The Burlington Northern and Santa Fe Railway Company, now BNSF Railway Company duly and in accordance with the provisions of said mortgages, has made application to the Trustees thereof for the release of said property from the lien thereof; NOW THEREFORE, THIS INDENTURE WITNESSETH that, Citibank, N.A., Trustee of said General Lien Mortgage, party of the first part, and U. S. Bank Trust National Association, Trustee of said Consolidated Mortgage, party of the second part, in consideration of the sum of One Dollar($1.00) and other valuable consideration, do hereby forever release and discharge from the lien of said mortgages and all supplements thereto, respectively, all of their respective rights, title and interest, as such trustees, in and to the property situate in the County of Pierce, State of Washington, more fully described in said Exhibit"A"hereto attached. TO HAVE AND TO HOLD said property unto said party of the third part, its successors and assigns,free and clear and discharged of and from all liens and claims under said mortgages. The recitals made herein are to be taken only as recitals made by The Burlington Northern and Santa Fe Railway Company, now BNSF Railway Company and not by any of the mortgage trustees. The reservations and exceptions, if any, set forth in said Exhibit "A" are intended to be for the benefit of the mortgage trustees as well as The Burlington Northern and Santa Fe Railway Company, now BNSF Railway Company and the liens of the aforesaid mortgages on the rights and interests so reserved and excepted, if any, are not released, and nothing herein contained shall anywise affect, alter or diminish the liens or encumbrances of the aforesaid mortgages on any of the properties covered by them respectively which are not hereby specifically released. This release is executed by said mortgage trustees without covenants or warranties, either expressed or implied, and shall be without recourse against such trustees or any of them in any event whatsoever. IN WITNESS WHEREOF, said mortgage trustees have caused this indenture to be signed and acknowledged or approved by their respective authorized officers, and have caused their respective corporate seals to be hereunto affixed and the same to be attested by the signatures of their respective authorized officers, all as of the day and year first above written. Signed, sealed and delivered on CITIBANK,N.A., as Trustee under the General Lien behalf of Citibank,N.A., Mortgage of the Northern Pacific Railway Company, as Trustee,in presence of: dated November 10, 1896 l By NANCY FORTE ATT Vice President afa oFfy ice Pre it e STATE OF NEW YORK ) COUNTY OF NEW YORK )§ CITY OF NEW YORK ) On S P Y -� �/ ?!�dA before me, 2—G /V� n_, a notary public, personally appeared to me known to be VICE PRESIDENT of Citibank, N.A., as Trustee, one of the corporations which executed the foregoing instrument, and who being duly sworn did say that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and official seal on Notary Public cf 1\410W York t3o-G'i EL0074807 Conlnlission Expires&2&2W 171 Qualified in Newr ya*County /�� 1 � -I' •T y..' � ..i ) .. ..� >. � tti 1 Signed, sealed and delivered on U. S. BANK TRUST NATIONAL ASSOCIATION behalf of U. S. Bank Trust as Trustee under the Consolidated Mortgage of National Association, Burlington Northern,Inc., dated March 2, 1970 in presence of: r By d Elvis 1S. WoodV President F t ATTEST: Trust Officer ` Aster STATE OF NEW YORK ) COUNTY OF NEW YORK ) § CITY OF NEW YORK ) On this AI IT 7,y®L , before me, e4404 t/ /Z, sawc,14 4 , a notary public, personally appeared EA , to me known to be a Vice President of U.S. Bank Trust National Association, as Trustee, We of the corporations which executed the foregoing instrument, and who being duly sworn did say that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and official seal on jqV(; l.ST agp 29Od Notary ublic, City, County. nd a0WOwn S. State of New York Notary Public,State of News York My commission expires: NO-01S16034957,Qual�ed in Queens Count _Commission Expfivs Doe 20, f BNSF 01 507 Roy to Yelm, Pierce County, Washington - Former Northern Pacific Railway Company property conveyed to The City of Yelm. Exhibit "A" THE REAL ESTATE AND 12YTROVENMNTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAU,WAY COMPANY) AS THE LAKE VIEW SUBDIVISION, CONNEC'T1NG ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAL TRACK CENTERLIIvTE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4, 9 AND 16, ALL IN TOWNSHIP 17 NORTH. RANGE 2 EAST OF THE WILLAMETTE MERIDIAN';' PIERCE COUNTY, WASHINGTON. MORE PARTICULARLY DESCRIBED AS.FOLLOWS, TO-WIT.: . -.. ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SE'/INF-/A AND THE SEI/ OF SAID SECTION 4, THE NEI/ANWIANEIA OF SAID SECTION 9, AND THE WESTERLY THREEsFOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/NEI/a,. AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39; ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS, PAGE 571 IN AND FOR SAID COUNTY; ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NIh OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. C •_'- I LASHER HOLZAPFEL S P E R R Y & PLL& EBBERSON January 9' 2001 ATTORNEYS AT LAW© 2600 TWO UNION SQUARE © 601 UNION STREET SEATTLE WA 98101-4000/TELEPHONE 206 624-1230/FAX 206 340-2563 WWW.LASHER.COM City of Yelm, Washington Attn: Dana Spivey, Admin. Asst. 2007 P.O. Box 479/105 Yelm Avenue West Yelm, WA 98597 _-__--- -- Re: Partial Release for BNSF Railway parcels Dear Dana- Enclosed is the original recorded Partial Release recorded on December 12, 2006 under Pierce County Recording No. 200612120236. We had sent you a conformed copy previously, but wanted to forward the original When received. Please give us a call if you have any questions. Very truly yours, Rebekah Grant Paralegal/Legal Assistant DIRECTLINE: (206)654-2423 EMAIL: grant@lasher.com Enclosure cc: Taro Kusunose - i {Client Files\15336\84.4M&DOC} � � II! I II I it li I II''I I III I I I I II I I III II I I II 200612120236 7 PGS 1211212006 10;31 ani 8, PIERCE COUNTY, WASHIN$3GTO0N0 Return recorded document to: Taro Kusunose Lasher Holzapfel Sperry & Ebberson P.L.L.C. 2600 Two Union Square �—�-� 601 Union Street Seattle, WA 98101-4000 PARTIAL RELEASE Reference No.: 2335020 Grantor: CitiBank N.A., Trustee U.S. Bank Trust National Association, Trustee Grantee: BNSF Railway Company, A Delaware corporation Legal Description: Sections 4, 9, 16, Township 17 North, Range 2 East, W.M. (abbreviated) Tax Parcel Number: 000 3101 100 {Client Fi1es\15336\S433340.D0C} PARTIAL r�] QRELEASE THIS INDENTURE made on ep�- C I 2 W6 by and among, CITIBANK, N.A. (successor by merger to First National City Trust Company) a national banking association, as trustee, party of the first part, U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States of America, as Trustee (successor to Morgan Guaranty Trust Company of New York), party of the second part and The Burlington Northern and Santa Fe Railway Company, now BNSF RAILWAY COMPANY (successor by merger to Northern Pacific Railway Company), a corporation organized under the laws of the State of Delaware,party of the third part,WITNESSETH: WHEREAS, the property described in Exhibit"A" attached hereto and by this reference made a part hereof is subject to the lien of that certain mortgage known as the General Lien Mortgage of Northern Pacific Railway Company, dated November 10, 1896, made by Northern Pacific Railway Company to The Farmers' Loan and Trust Company, Trustee of which mortgage Citibank, N.A., party of the first part, is trustee. On June 28, 1929, The Farmers' Loan and Trust Company, a New York corporation, became known as City Bank Farmers Trust Company, and at the close of business on January 30, 1959, said corporation was converted into a national banking association under the title "First National City Trust Company." Said First National City Trust Company as of the close of business on January 15, 1963, was merged with First National City Bank, a national banking association, and on March 1, 1976,First National City Bank became known as Citibank,N.A.; and WHEREAS, the property described in said Exhibit "A" is also subject to the lien of that certain mortgage known as the Consolidated Mortgage of Burlington Northern Inc., dated March 2, 1970, made by Burlington Northern Inc. to U.S. Bank Trust National Association, as corporate trustee, and to Laura Roberson (successor to W.A.Johnson),as an individual trustee,party of the second part, and WHEREAS, said mortgages were filed for record, among other places, in the office of the Auditor,County of Pierce, State of Washington, as a real estate mortgage, as follows: Mort&a e Filed Book Pae Document No. General Lien 01/05/1897 77 Mt s. 1 -66 N/A Consolidated 03/04/1970 N/A N/A 2335020 WHEREAS, by virtue of and as a result of an agreement of merger which became effective March 2, 1970, Northern Pacific Railway Company, the mortgagor named in said General Lien Mortgage, was merged into and with Great Northern Pacific & Burlington Lines, Inc., the name of which company was changed to Burlington Northern Inc. on March 2, 1970; and WHEREAS, by Indenture, dated March 2, 1970, supplemental to said General Lien Mortgage, Burlington Northern Inc. assumed and agreed to be bound by all the covenants and conditions of the said General Lien Mortgage therein agreed to be kept and performed by Northern Pacific Railway Company and succeeded to and was substituted for Northern Pacific Railway Company in said mortgage; and WHEREAS, subsequent to the name change of Burlington Northern Inc. to Burlington Northern Railroad Company on May 14, 1981, by two Supplemental Indentures each dated May 14, 1981, Burlington Northern Railroad Company assumed and agreed to be bound by all of the covenants of said General Lien Mortgage and said Consolidated Mortgage and supplements thereto; and WHEREAS, in accordance with permissive authorization to merge as set forth in the Interstate Commerce Commission decision effective as of September 22, 1995 and by Agreement and Plan of Merger dated December 31, 1996, The Atchison, Topeka and Santa Fe Railway Company merged with and into Burlington Northern Railroad Company and the corporate name of said company was changed to The Burlington Northern and Santa Fe Railway Company; WHEREAS, in connection with the merger of The Atchison, Topeka and Santa Fe Railway Company with and into Burlington Northern Railroad Company and the name change of Burlington Northern Railroad Company to The Burlington Northern and Santa Fe Railway Company on December 31, 1996, by two Supplemental Indentures, both dated as of December 31, 1996, The Burlington Northern and Santa Fe Railway Company has ratified, confirmed and continued uninterrupted all obligations enforceable as of December 31, 1996 in the General Lien Mortgage of Northern Pacific Railway Company and the Consolidated Mortgage of Burlington Northern Inc. and all supplements to such mortgages and has succeeded to and been substituted for Northern Pacific Railway Company and Burlington Northern Inc.,respectively,in said mortgages; and WHEREAS, by amendment to its Certificate of Incorporation in the State of Delaware the corporate name of The Burlington Northern and Santa Fe Railway Company was changed to BNSF Railway Company and the name change was reflected in a Supplemental Indenture dated as of January 20, 2005 to the General Lien Mortgage and the Twenty-Seventh Supplemental Indenture dated as of January 20, 2005 to the Burlington Northern Inc. Consolidated Mortgage and whereas in said supplemental indentures the Company continues uninterrupted the obligations under the General Lien Mortgage and the Consolidated Mortgage enforceable as of January 20,2005 and BNSF Railway Company has been substituted for Northern Pacific Railway Company and Burlington Northern Inc., respectively, in said Mortgages. WHEREAS, The Burlington Northern and Santa Fe Railway Company, now BNSF Railway Company duly and in accordance with the provisions of said mortgages, has made application to the Trustees thereof for the release of said property from the lien thereof; NOW THEREFORE, THIS INDENTURE WITNESSETH that, Citibank, N.A., Trustee of said General Lien Mortgage, party of the first part, and U. S. Bank Trust National Association, Trustee of said Consolidated Mortgage, party of the second part, in consideration of the sum of One Dollar($1.00) and other valuable consideration, do hereby forever release and discharge from the lien of said mortgages and all supplements thereto, respectively, all of their respective rights, title and interest, as such trustees, in and to the property situate in the County of Pierce, State of Washington, more fully described in said Exhibit"A"hereto attached. TO HAVE AND TO HOLD said property unto said party of the third part, its successors and assigns,free and clear and discharged of and from all liens and claims under said mortgages. The recitals made herein are to be taken only as recitals made by The Burlington Northern and Santa Fe Railway Company, now BNSF Railway Company and not by any of the mortgage trustees. The reservations and exceptions, if any, set forth in said Exhibit "A" are intended to be for the benefit of the mortgage trustees as well as The Burlington Northern and Santa Fe Railway Company, now BNSF Railway Company and the liens of the aforesaid mortgages on the rights and interests so reserved and excepted, if any, are not released, and nothing herein contained shall anywise affect, alter or diminish the liens or encumbrances of the aforesaid mortgages on any of the properties covered by them respectively which are not hereby specifically released. This release is executed by said mortgage trustees without covenants or warranties, either expressed or implied, and shall be without recourse against such trustees or any of them in any event whatsoever. IN WITNESS WHEREOF, said mortgage trustees have caused this indenture to be signed and acknowledged or approved by their respective authorized officers, and have caused their respective corporate seals to be hereunto affixed and the same to be attested by the signatures of their respective authorized officers, all as of the day and year first above written. Signed, sealed and delivered on CITIBANK,N.A., as Trustee under the General Lien behalf of Citibank,N.A., Mortgage of the Northern Pacific Railway Company, as Trustee, in presence of: dated November 10, 1896 1 1 1 By NANCY FORTE ATT Tom--- 'stt Vice President afa OFfy icePre ECSC STATE OF NEW YORK ) COUNTY OF NEW YORK )§ CITY OF NEW YORK ) On S ex) 2,10A before me, �G� L% '�,r�,,-, a notary public, personally appeared F to me known to be WCEPRISIDENT of Citibank, N.A., as Trustee, one of the corporations which executed the foregoing instrument, and who being duly sworn did say that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and official seal on Notary Public cf idcdvYork NO,G'i do 074807 Comm;ssion Expires 512B/2oo(S Qualified in NO -york County Signed, sealed and delivered on U. S. BANK TRUST NATIONAL ASSOCIATION behalf of U. S.Bank Trust as Trustee under the Consolidated Mortgage of National Association, Burlington Northern,Inc., dated March 2, 1970 in presence of: r By -ZIAO-� 04 Lt�� EMS ®0 V President t ATTEST: �q 40-rr; Trust Officer ,teF STATE OF NEW YORK ) COUNTY OF NEW YORK ) § CITY OF NEW YORK ) On this A4 6w-C'' before me, a notary public, personally appeared �@f"EkWV , to me known to be a Vice President of U.S. Bank Trust National Association, as Trustee, de of the corporations which executed the foregoing instrument, and who being duly sworn did say that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. Given under my hand and official seal on Notary ublic, City, Countyand. State of New York Notary Public,&*to oc Newr York My commission expires: No.01816084957 Quaiifled in Queer=Count y Commission Expires Dec 86, BNSF 01 507 Roy to Yelm, Pierce County, Washington - Former Northern Pacific Railway Company property conveyed to The City of Yelm. Exhibit "A" THE REAL ESTATE AND IMPROVEMENTS THAT CONSTI NIPS THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPAN`Y'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAD; TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OvT—R AND ACROSS SECTIONS 4, 9 AND 16, ALL IN TOWNSHIP 17 NORTH. RANGE 2 EAST OF THE WTLLA.METTE MERIDIAN';' PIERCE COUNTY, WASHINGTON. MORE PARTICULARLI' DESCRIBED AS FOLLOWS, TO.-WIT; _ ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEl/4NE1/4 AND THE SEI/4 OF SAID SECTION 4, THE NEl/4NWI/4NE1/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/4NEI/a,. AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39; ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED •IN WARRAN'T'Y DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS, PAGE 571 IN AND FOR SAID COUNTY; ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN 'TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NI/2. OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOU'T'HERLY BOUNDARY OF PIERCE COUNTY. LASHER x. HOLZAPFEL PLLC SPERRY & EBBERSON December 20, 2006 ATTORNEYS AT LAW o 2600 TWO UNION SQUARE o 601 UNION STREET SEATTLE WA 98101-4000/TELEPHONE 206 624-1230/ FAX 206 340-2563 WWW.LASHER.COM l_ City of Yelm; Washington Attn:Dana Spivey, Admin: Asst: DEC 2 ] 2006 P.O. Box 479/105 Yelrn Avenue West Yelm, WA 98597 Re: Partial Releases for BNSF Railway parcels Dear Dana: Enclosed please find the following documents with respect to the releases your office recently received from the BNSF Railway Company: I: Partial Release recorded on December 14, 2006 under Thurston County Recording No. 3887982—(this is the original recorded document); and 2. Partial Release recorded on December 12, 2006 -under Pierce County, Recording No. 200612120236—(this is a conformed copy—the original will be mailed to Taro). I believe the inforrriation for you to complete on the metered cards Will be self-explanatory, but if you would like my assistance, don't hesitate to give me a call.- Once again, it was a pleasure being of service to your office. Please give us a call if you have any questions. Happy Holidays, A. �z "Rebelcah Grant Paralegal/Legal Assistant DIRECT LINE:(206)654-2423 EMAIL: grant@lasher.com Enclosures cc: Taro Kusunose {Clien"t Files\15336\S435921.1)0C} Memo To: Rebekah Grant, Lasher Holzapfel Sperry& Ebberson, PLLC From: Dana Spivey, Admin. Asst., City of Yelm, City Administrator's office Date: November 30, 2006 Subject: BNSF Railway Company's executed Partial Release of mortgages for recordation. Hi Rebekah- Please find enclosed the `Original' documents which we discussed today on the phone, to be recorded by your office. I have kept the self-addressed metered cards in my file - and will mail them after the above mentioned documents have been recorded and returned to our office etc... Thank you! Have a great day i ' Page 1 of 2 Dana Spivey From: Taro Kusunose [kusunose@lasher.com] Sent: Wednesday, November 29, 2006 4:28 PM To: Dana Spivey Subject: RE: More BNSF docs/question Dana: No, it is not your computer. I apologize, but it is me. It has been on my to do, but I had not given it all of the attention that it needs. I will get this going full speed pronto. Taro Taro Kusunose,Esq. Lasher Holzapfel Sperry&Ebberson,PLLC '^ (206)654-2430 Direct Dial I/ 1� �� (� na� kusunose@lasher.com Y From: Dana Spivey [mailto:dana@ci.yelm.wa.us] Sent: Wednesday, November 29, 2006 3:02 PM To: Taro Kusunose Subject: More BNSF docs/question Importance: High Hi Taro - I had emailed you back on Oct. 10t" (see my message below, and attached docs.) - but haven't heard back from you on this. Maybe my message didn't actually get to you - which is very likely - as we've been having some computer problems in the last couple months. Thank you for your help with this - Have a good day, and I hope you're staying warm and driving safe in this snowy weather! C Dana Dana Spivey Administrative Assistant Mayor&CityAdministrator's Offices City of Tefm TO Box 479 Telm SVA 98597 360-458-8816, phone 360-458-4348,fax danas@ci.Yefm.wa.us -----Original Message----- From: Dana Spivey Sent: Tuesday, October 10, 2006 2:55 PM To: 'Taro Kusunose (kusunose@lasher.com)' 11/30/2006 Page 1 of 2 Dana Spivey From: Dana Spivey Sent: Wednesday, November 29, 2006 3:02 To: 'Taro Kusunose (kusunose@lasher.c Subject: More BNSF docs/question Importance: High Hi Taro - I had emailed you back on Oct. docs.) - but haven't heard back from you o you - which is very likely - as we've been h couple months. Thank you for your help with this - Have a good clay, and I hope you're staying O Dana Dana Spivey Administrative Assistant Mayor e�City Administrator's Offices City of Telm PO (Bo.1C479 Telm SVA 98597 360-458-8816, phone 360-458-4348,fax danas@ci.yelm.wa.us -----Original Message----- From: Dana Spivey Sent: Tuesday, October 10, 2006 2:55 PM To: 'Taro Kusunose (kusunose@lasher.com)' Subject: FW: Your Scan Hi Taro - We received these documents (scan attached) today. Can you please review and let me know if it's ok for us to proceed with the recording process - and if so, could your assistant help with this process again? Thank you, Have a great day! Dana 11/29/2006 Page 2 of 2 Dana Spivey Administrative Assistant Wayor e�City-Administrators Offices City of Tefm TO Dox 479 Tefm WA 98597 360-458-8816, phone 360-458-4348,fax danas@ci.ye[m.wa.us -----Original Message----- From: Roberta Allen Sent: Tuesday, October 10, 2006 2:41 PM To: Dana Spivey Subject: Your Scan Your scan is attached. Roberta Allen City of Yelm Community Development Department PO Box 479 105 Yelm Avenue West Yelm, WA 98597 360.458.3835 11/29/2006 Tammy Herndon BNSF Railway Company Analyst 2500 Lou Menk Drive RA ZZ WAY Corporate Real Estate Development Fort Worth TX 76131-2828 P O Box 961050 Fort Worth TX 76161-0050 817-352-6463 Fax 817-352-7797 Tammy.Herndon@BNSF.com October 3, 2006t' 2V v OCT 0 li OCT 1 0 2000 Shelly Badger City Administrator—City of Yelm G-- P.O. Box 479 Yelm, WA 98597 RE: BNSF Railway Company ("Seller") sale of properly in Yelm, Pierce and Thurston Counties, Washingtn to The City of Yelm("Buyer"). BNSF 01507 (2372) Dear Ms. Badger: In accordance with the Real Estate Purchase 'and Sale Agreement, enclosed for your further handling is BNSF Railway Company's executed Partial Release of mortgages for recordation. After recording please complete and return the enclosed self-addressed metered cards so we may close our records. Sincerely, j LVYAA� Tammy Herndon Analyst Enclosures m STATE OF WASHINGTON 341903202 • RET AUD DEPARTMENT OF REVENUE 11/00 C1NC December 13, 2006 SHELLY BADGER DEC 1 9 Z0�6 CITY OF YELM _ PO BOX 479 YELM WA 98597 -- - Re: Real Estate Excise Tax Audit - - — --- —Inquiry#0606-28858 — - -- — - — - - - - - - Dear Ms. Badger: Your audit is closed I have received and reviewed the documentation regarding the real estate transfer referenced above. Based on the information provided, no additional real estate excise tax is due on this transaction. Thank you. Sincerely, Judith Denoyer, Miscellaneous Tax Specialist (360) 570-3279 Miscellaneous Tax Section ♦ PO Box 47477 ♦ Olympia,WA 98504-7477 Phone(360)570-3265 ♦ Fax(360)586-2163 ♦ www.dor.wa.gov Burlington Northern& Santa Fe Railway transfer documents Page 1 of 1 Dana Spivey From: Shelly Badger Sent: Wednesday, November 29, 2006 1:15 PM To: Dana Spivey Subject: FW: Burlington Northern &Santa Fe Railway transfer documents Here it is @. sb Shelly Badger, Yelm City Administrator City of Yelm www.ci.yelm.wa.us P.O. Box 479 Yelm,WA 98597 360-458-8405 ' 360-458-4348 fax shellyb@ci.ye1m.wa.us From: Denoyer, Judith [mailto:JudithD@DOR.WA.GOV] Sent: Tuesday, October 31, 2006 4:23 PM To: Shelly Badger Subject: Burlington Northern &Santa Fe Railway transfer documents Hi Shelly, Per our phone conversation, this is a written request for copies of a purchase and sale agreement and any other documents pertaining to the transfer of property from Burlington Northern &Santa Fe Railway Company to the City of Yelm dated November 10, 2000 and recorded on May 16, 2006. We agreed that you would try to have the documentation to me on or before November 13, 2006. If you have questions or need additional time, please contact me. Thank you. Judith Denoyer Miscellaneous Tax Specialist DOR/Special Programs Division PO Box 47477 Olympia,WA 98504-7477 Phone: 360-570-3279 FAX: 360-586-0796 11/29/2006 Memo To: Judith Denoyer, Misc. Tax Specialist, DOR/Special Programs Division From: Dana Spivey, Admin. Asst. for Shelly Badger, Yelm City Administrator Date: November 9, 2006 Subject: Burlington Northern& Santa Fe Railway transfer documents Please find enclosed a copy of the purchase and sale agreement as well as a copy of the donation agreement that you requested. If you have any further questions,please don't hesitate to call Shelly Badger, at 360-458-8405 - or email her at: shellyb c&ci velm.wa.us. Thank you. Memo, To: Judith Denoyer, Misc. Tax Specialist, DOR/Special Programs Division From: Dana Spivey,Admin. Asst. for Shelly.Badger, Yelm City Administrator J6 Date: December 6, 2006 Subject: Burlington Northern& Santa Fe Railway transfer documents Please find enclosed copies of the recorded purchase and donation deeds. We have confirmed there are no deeds and encumbrances on the property. If you have any further questions,please don't hesitate to call Shelly Badger, at 360-458-8405'- or email her at: shellybb(c�r�,ci.yelm.wa.us. Thank you. jr Return recorded document to: 2414.4V'06 351540 Taro Kusunose Lasher Holzapfel Sperry&Ebberson P.L.L.C. 2600 Two Union Square 601 Union Street Thurston County Treasurer Seattle, WA 98101-4000 �v(`�f ,�� Real Estate xcise Tax paid By Deputy QUIT CLAIM DEED Reference No.: N/A Grantor: Burlington Northern and Santa Fe Railroad Company, a Delaware corporation Grantee: City of Yelm, a municipality in the State of Washington Legal Description: Section 19, Township 17 North,Range 2 East, W.M. (abbreviated—see page 1 of Deed for full legal description) Tax Parcel Number: 22719311100 {RAClients\15336\S386096.DOC} IIIIII VIII 1111111 III IIIIII VIII IIIIII III VIII IIII IIII 3834286 /2e 054/2006 09:37A LASHER HOLZAPFEL SPERRY D $35.00 Thurston Co. Wa. QUITCLAIM DEED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Grantor, of 2500 Lou Menk Drive, Fort Worth, Texas 76131-2830, hereinafter called "Grantor", for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid, conveys and quitclaims, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, to CITY OF YELM, a municipality in the State of Washington, hereinafter.called "Grantee",all of its right, title and interest, if any, in real estate, subject however to all existing interests, including but not limited to all reservations, rights-of-way and easements, of record or otherwise, situated in Thurston County, State of Washington, hereinafter called "Property", together with all after acquired title of Grantor therein, described as follows: All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as originally located and constructed upon, over and across the SW '/4 of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW '/4, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino, Washington branch line right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor, being 15.0 feet wide on each side of said Main Track centerline upon, over and across the SW '/4 of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations,rights-of-way and easements of record or otherwise. GRANTEE has/have been allowed to make an inspection of the Property and has knowledge as to the past use of the Property. Based upon this inspection and knowledge, GRANTEE is/are aware of the condition of the Property and GRANTEE ACKNOWLEDGES THAT GRANTEE IS/ARE PURCHASING THE PROPERTY IN AN "AS-IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS AND THAT GRANTEE IS/ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including the physical condition of the Property and any defects thereof, the presence of any hazardous substances, wastes or contaminants in, on or under the Property, the condition or existence of any of the above ground or underground structures or improvements in, on or under the Property, the IIII Page: 6 IIIIIIIIIII 11111111 III 111111 III II IIIIII III VIII IIII 05124/2006 09:37A LASHER HOLZAPFEL SPERRY D $35.00 Thurston Co. Wa. _x y condition of title to the Property, and the leases, easements or other agreements affecting the Property. GRANTEE is/are aware of the risk that hazardous substances and contaminants may be present on the Property, and indemnifies, holds harmless and hereby waives, releases and discharges forever Grantor from any and all present or future claims or demands, and any and all damages, loss, injury, liability, claims or costs, including fines, penalties and judgments, and attorney's fees, arising from or in any way related to the condition of the Property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any hazardous substances or contaminants in, on or under the Property. Losses shall include without limitation (a) the cost of any investigation, removal, remedial or other response action that is required by any Environmental Law, that is required by judicial order or by order of or agreement with any governmental authority, or that is necessary or otherwise is reasonable under the circumstances, (b) capital expenditures necessary to cause the Grantor's remaining Property or the operations or business of the Grantor on its remaining Property to be in compliance with the requirements of any Environmental Law, (c) Losses for injury or death of any person, and (d) Losses arising under any Environmental Law enacted after transfer. The rights of Grantor under this section shall be in addition to and not in lieu of any other rights or remedies to which it may be entitled under this document or otherwise. This indemnity specifically includes the obligation of GRANTEE to remove, close, remediate, reimburse or take other actions requested or required by any governmental agency concerning any hazardous substances or contaminants on the Property. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order,judgment, decree, injunction or common law pertaining in any way to the protection of human health or the environment, including without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act,the Toxic Substances Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions. TO HAVE AND TO HOLD the Property unto the said Grantee, its successors and assigns, forever. IIIIIIIIN Page: of 4 ��II� IIIIII VIII IIIIII 05/24 �,/2006 09:37A LASHER HOLZAPFEL SPERRY D $35.00 Thurston Co. Wa. IN WITNESS WHEREOF, the said Grantor caused this instrument to be signed by its authorized representative, attested by its Assistant Secretary, and its corporate seal to be affixed hereto on the 14th day of November, 2000. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: 15. P. Schneider Director Real Estate .`�Illllllllli � •,F; ATTEST: 2: A�,:1&� By: Patricia Zbichors ylAW.... `� Assistant Secretary nnnnm� STATE OF TEXAS ss. COUNTY OF TARRANT § On this Ind, day of �2�- i 2000 before me, the undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn, personally appeared D. P. Schneider and Margaret R. Aclin, to me known to be the General Director Real Estate and Assistant Secretary, respectively, of The Burlington Northern and Santa Fe Railway Company,the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. iP1�Y �4+ NADINE M GRANDI Notary Public in and for the State of Texas Notary PubIk STATE OF TEXAS Residing at: Fort Worth, Texas �� My Comm.Exp,06/05/2004 My appointment expires: 3 IIII III Page: 6 IIIIIIIIIIIIIIIIIII IIIIIIIIillllllll III(IIII III 05/2412006 09:37A LASHER HOLZAPFEL SPERRY D $35.00 Thurston Co. Wz I)`IIA11T.IFNT OF REVENUE WASHINGTON STATE REAL ESTATE EXCISE TAX AFFIDAVIT - This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) El Check box if partial sale of property If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm w Attn:Shelly Badger w z Mailing Address 2500 Lou Menk Drive,AOB-3 ¢z Mailing Address P O.Box 479 .a� cG� City/State/Zip Forth Worth,TX 76131-2828 City/State/Zip•Yelm,WA 98597 � Phone No.(including area code) Phone No.(including area code) List all real and personal property tax parcel account List assessed value(s) Send all property tax correspondence to:❑Same as Buyer/Grantee numbers—check box if personal property Name 22719311100 f l Mailing Address n City/State/Zip n Phone No.(with area code) Street address of property: This property is located in❑unincorporated Thurston County OR within❑✓ city of Yelm ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑✓ Is this property classified as current use(open space,farm and ❑ Q WAC No. (Section/Subsection) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (I)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/14/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ 300,000-00 if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW Taxable Selling Price $ 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact 0.00 your local county assessor for more information. Excise Tax: State $ This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2) NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ anda able b the seller or transferor at the time of sale. p y y *Affidavit Processing Fee $ 5.00 (3) OWNER(S)SIGNATURE (09 q'7,:5 Total Due $ A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS —1—CERTIFY—UNDER PEfY.3LTY Of,PER.iURY THAT THE FOREGOING 1S TRUE AND CORRECT. -- gi-fiirr nf Signature of I n P"l P EXHIBIT A All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as originally located and constructed upon, over and across the SW '/4 of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW '/4, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino,Washington branch line right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor; being 15.0 feet wide on each side of said Main Track centerline upon, over and across the SW '/4 of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations,rights-of-way and easements of record or otherwise. 6 �( 4 Return recorded document to: 24 NAS' OG 351540 Taro Kusunose Lasher Holzapfel Sperry&Ebberson P.L.L.C. 2600 Two Union Square 601 Union Street Thurston County Treasurer Seattle, WA 98101-4000 Real Estate xciseTaxpaid By Deputy QUIT CLAIM DEED Reference No.: N/A Grantor: Burlington Northern and Santa Fe Railroad Company, a Delaware corporation Grantee: City of Yelm, a municipality in the State of Washington Legal Description: Section 19, Township 17 North,Range 2 East, W.M. (abbreviated—see page 1 of Deed for full legal description) Tax Parcel Number: 22719311100 {R:\C1ients\15336\S386096.DOC} IIIIII VIII 1111111 III IIIIII VIII IIIIII III VIII IIII IIII 3834286 2 Page: 24 05/24/2006 09:37A LASHER HOLZAPFEL SPERRY D $35.00 Thurston Co. Wa. L QUITCLAIM DEED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Grantor, of 2500 Lou Menk Drive, Fort Worth, Texas 76131-2830, hereinafter called "Grantor", for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid, conveys and quitclaims, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, to CITY OF YELM, a municipality in the State of Washington, hereinafter called "Grantee",all of its right, title and interest, if any, in real estate, subject however to all existing interests, including but not limited to all reservations, rights-of-way and easements, of record or otherwise, situated in Thurston County, State of Washington, hereinafter called "Property", together with all after acquired title of Grantor therein, described as follows: All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as originally located and constructed upon, over and across the SW 1/4 of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW '/4, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino, Washington branch line right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor, being 15.0 feet wide on each side of said Main Track centerline upon, over and across the S W '/4 of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations, rights-of-way and easements of record or otherwise. GRANTEE has/have been allowed to make an inspection of the Property and has knowledge as to the past use of the Property. Based upon this inspection and knowledge, GRANTEE is/are aware of the condition of the Property and GRANTEE ACKNOWLEDGES THAT GRANTEE IS/ARE PURCHASING THE PROPERTY IN AN "AS-IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS AND THAT GRANTEE IS/ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including the physical condition of the Property and any defects thereof, 'the presence of any hazardous substances, wastes or contaminants in, on or under the Property, the condition or existence of any of the above ground or underground structures or improvements in, on or under the Property, the 4 11EIIIIIII111IIIIIIII111IIIIIIIIIIIIIIIII1111111110/ 4/22006 09:37A LASHER HOLZAPFEL SPERRY D $35.00 Thurston Co. Wa. S condition of title to the Property, and the leases, easements or other agreements affecting the Property. GRANTEE is/are aware of the risk that hazardous substances and contaminants may be present on the Property, and indemnifies, holds harmless and hereby waives, releases and discharges forever Grantor from any and all present or future claims or demands, and any and all damages, loss, injury, liability, claims or costs, including fines, penalties and judgments, and attorney's fees, arising from or in any way related to the condition of the Property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any hazardous substances or contaminants in, on or under the Property. Losses shall include without limitation (a) the cost of any investigation, removal, remedial or other response action that is required by any Environmental Law, that is required by judicial order or by order of or agreement with any governmental authority, or that is necessary or otherwise is reasonable under the circumstances, (b) capital expenditures necessary to cause the Grantor's remaining Property or the operations or business of the Grantor on its remaining Property to be in compliance with the requirements of any Environmental Law, (c) Losses for injury or death of any person, and (d) Losses arising under any Environmental Law enacted after transfer. The rights of Grantor under this section shall be in addition to and not in lieu of any other rights or remedies to which it may be entitled under this document or otherwise. This indemnity specifically includes the obligation of GRANTEE to remove, close, remediate, reimburse or take other actions requested or required by any governmental agency concerning any hazardous substances or contaminants on the Property. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order,judgment, decree, injunction or common law pertaining in any way to the protection of human health or the environment, including without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions. TO HAVE AND TO HOLD the Property unto the said Grantee, its successors and assigns, forever. IIIIIIII Page: of 4 IIIIIIII III III 05/24/20 LASHER HOLZAPFEL SPERRY D n 09.3W $35.00 Thurston Co. Wa. IN WITNESS WHEREOF, the said Grantor caused this instrument to be signed by its authorized representative, attested by its Assistant Secretary, and its corporate seal to be affixed hereto on the 14th day of November, 2000. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: P. chneider Director Real Estate RN AND S ATTEST: R'SEAM- By. Patricia Zbichors %,,. d��•� Assistant Secretary STATE OF TEXAS SS. COUNTY OF TARRANT On this Z f],j day of 2000 before -me, the undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn, personally appeared D. P. Schneider and Margaret R. Aclin, to me known to be the General Director Real Estate and Assistant Secretary, respectively, of The Burlington Northern and Santa Fe Railway Company,the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. . Ae'ati. y -,* NADINE M GRANDI Notary Public in and for the State of Texas Notary Public t * STATE OF TEXAS Residing at: Fort Worth, Texas `OF 'y My Come.Exp.06/05/2004 My appointment expires: D h/Osc/aOO,/ 3 4 111 III11111111111111I11111111111111058/286 4/22006 09:37A LASHER HOLZAPFEL SPERRY D $35.00 Thurston Co. Wa. _ OEIlEVENUE WASNINGTON$TAM REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) []Check box ifpartial sale of roe If multi le owners list percentage ofownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm o Attn:Shelly Badger w a'z Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 � City/State/Zip,Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:0 Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name 22719311100 n Mailing Address ❑ City/State/Zip ❑ Phone No.(with area code) ❑ pStreet address of property: This property is located in❑unincorporated Thurston County OR within❑� city of Yelm ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: i YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ 0 Is this property classified as current use(open space,farm and Q WAC No. (Section/Subsection) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ 0 per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/14/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ 300,000.00 if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2) NOTICE OF COWLIANCE(HISTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. *Affidavit Processing Fee $ 5.00 (3) OWNER(S)SIGNATURE Total Due $ �O q`7;-:5 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PE TY O.F PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of A W L C _E '-Tf Signature of EXHIBIT A All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 100.0 foot wide Roy to YeIm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as originally located and constructed upon, over and across the SW '/4 of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW '/4, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino, Washington branch line right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor, being 15.0 feet wide on each side of said Main Track centerline upon, over and across the SW %4 of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations,rights-of-way and easements of record or otherwise. 4. 1 Return recorded document to: 24 1q£'06 335F1540 Taro Kusunose Lasher Holzapfel Sperry &Ebberson P.L.L.C. 2600 Two Union Square 601 Union Street Thurston County Treasurer Seattle, WA 98101-4000 (pgq;k ,�� Real Estate xcise Tax paid 'B Deputy QUIT CLAIM DEED Reference No.: N/A Grantor: Burlington Northern and Santa Fe Railroad Company, a Delaware corporation Grantee: City of Yelm, a municipality in the State of Washington Legal Description: Section 19, Township 17 North, Range 2 East, W.M. (abbreviated—see page 1 of Deed for full legal description) Tax Parcel Number: 22719311100 {RAC1ients\15336\S386096.DOC} I IIIIII VIII IIIIIII III IIIIII IIIII IIIIII III IIIII IIII IIII 05$/234286 e412006 09:37A LASHER HOLZAPFEL SPERRY D $35.00 Thurston Co. Wa. •5 QUITCLAIM DEED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Grantor, of 2500 Lou Menk Drive, Fort Worth, Texas 76131-2830, hereinafter called "Grantor", for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid, conveys and quitclaims, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, to CITY OF YELM, a municipality in the State of Washington, hereinafter.called "Grantee",all of its right, title and interest, if any, in real estate, subject however to all existing interests, including but not limited to all reservations, rights-of-way and easements, of record or otherwise, situated in Thurston County, State of Washington, hereinafter called "Property", together with all after acquired title of Grantor therein, described as follows: All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline; as originally located and constructed upon, over and across the SW '/4 of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW '/, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino, Washington branch line right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor, being 15.0 feet wide on each side of said Main Track centerline upon, over and across the SW 1/4 of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations, rights-of-way and easements of record or otherwise. GRANTEE has/have been allowed to make an inspection of the Property and has knowledge as to the past use of the Property. Based upon this inspection and knowledge, GRANTEE is/are aware of the condition of the Property and GRANTEE ACKNOWLEDGES THAT GRANTEE IS/ARE PURCHASING THE PROPERTY IN AN "AS-IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS AND THAT GRANTEE IS/ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY HIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including the physical condition of the Property and any defects thereof, the presence of any hazardous substances, wastes or contaminants in, on or under the Property, the condition or existence of any of the above ground or underground structures or improvements in, on or under the Property, the IIII III VIII 1111111 III 111111(IIII III III III VIII IIII IIII 05/2412006 09:37A LASHER HOLZAPFEL SPERRY D $35.00 Thurston Co. Wa. condition of title to the Property, and the leases, easements or other agreements affecting the Property. GRANTEE is/are aware of the risk that hazardous substances and contaminants may be present on the Property, and indemnifies, holds harmless and hereby waives, releases and discharges forever Grantor from any and all present or future claims or demands, and any and all damages, loss, injury, liability, claims or costs, including fines, penalties and judgments, and attorney's fees, arising from or in any way related to the condition of the Property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any hazardous substances or contaminants in, on or under the Property. Losses shall include without limitation (a) the cost of any investigation, removal, remedial or other response action that is required by any Environmental Law, that is required by judicial order or by order of or agreement with any governmental authority, or that is necessary or otherwise is reasonable under the circumstances, (b) capital expenditures necessary to cause the Grantor's remaining Property or the operations or business of the Grantor on its remaining Property to be in compliance with the requirements of any Environmental Law, (c) Losses for injury or death of any person, and (d) Losses arising under any Environmental Law enacted after transfer. The rights of Grantor under this section shall be in addition to and not in lieu of any other rights or remedies to which it may be entitled under this document or otherwise. This indemnity specifically includes the obligation of GRANTEE to remove, close, remediate, reimburse or take other actions requested or required by any governmental agency concerning any hazardous substances or contaminants on the Property. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order,judgment, decree, injunction or common law pertaining in any way to the protection of human health or the environment, including without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions. TO HAVE AND TO HOLD the Property unto the said Grantee, its successors and assigns, forever. IIIIIIIII Page: 3 of 4 IIIIIIIII IIIIII IIIIIII IIIIIII „ . IIIIIIiI o5 IIIIIII /24/200 II 6 09.37 LASHER HOLZAPFEL SPERRY D R $35.00 Thurston Co. Wa. IN WITNESS WHEREOF, the said Grantor caused this instrument to be signed by its authorized representative, attested by its Assistant Secretary, and its corporate seal to be axed hereto on the 14th day of November, 2000. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: 15. P. Schneider Director Real Estate G�RPO%Rq��l,� 'ATTEST: SEAL `- :a - By' Patricia ZbichorsIrT Assistant Secretary STATE OF TEXAS ss. COUNTY OF TARRANT On this Ll�dj day of 'Tt"elralaj 2000 before me, the undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn, personally appeared D. P. Schneider and Margaret R. Aclin, to me known to be the General Director Real Estate and Assistant Secretary, respectively, of The Burlington Northern and Santa Fe Railway Company,the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. y` NADINE M GRANDI Notary Public in and for the State of Texas Notary Publ� STATE OF TEXAS Residing at: Fort Worth, Texas OF �h My Comm.Exp.06/05/2004 My appointment expires: 00 3 3834286 111111111111illlllllllPage: 4 of I IIII111111111111111111111111111 05/24/2006 09437A LASHER HOLZAPFEL SPERRY D $35.00 Thurston Co. We r-P VENUE GTON STATE REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) ❑Check box if partial sale of roe If multiple owners list percentage of ownership next to name. Burlington Northern and Santa Fe Railway Company Name City of Yelm Attn:Shelly Badger :Name Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 City/State/Zip. Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) List all real and personal property tax parcel account List assessed value(s) Send all property tax correspondence to:❑Same as Buyer/Grantee numbers—check box if personal property Name 22719311100 n Mailing Address n City/State/Zip Phone No.(with area code) Is Street address of property: This property is located in❑unincorporated Thurston County OR within❑✓ city of Yelm ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑✓ Is this property classified as current use(open space,farm and ❑ ction/Subsection) WAC No. (Se agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/14/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $_300,000-00 if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW Taxable Selling Price $ 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2)NOTICE OF COWLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. 5.00 *Affidavit Processing Fee $ (3) OWNER(S)SIGNATURE (W7,53 Total Due $ A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PE 6oI TY OF PE JURY THAT THE FOREGOING IS TRUE AND CORRECT. / o:.._.,..._,.,.0 1 1 I 1 Siansture of I � !i: 0 f, EXHIBIT A All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as originally located and constructed upon, over and across the SW '/ of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW '/, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino,Washington branch line right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor; being 15.0 feet wide on each side of said Main Track centerline upon, over and across the SW %<of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations,rights-of-way and easements of record or otherwise. -- �I IIIIIIIilllllllllllllliillllllllllllllllllllllllillllllllllllll * I,,Ilil 2@@6@6@70699 6 PGS @6l @712 I @@6 2;@ 1 $$31.@@ PIERCE COUNTY, SflINGTON Return recorded document to: Taro Kusunose ?JCj j 246 Lasher Holzapfel Sperry& Ebberson P.L.L.C. Thurston County Treasures 2600 Two Union Square Real Estate Excise Taxpaid. 601 Union Street By CJ! (p I U� �,(, Deputy Seattle, WA 98101-4000 � -- F �Z QUIT CLAIM DEED Reference No.: N/A Grantor: Burlington Northern and Santa Fe Railroad Company, a Delaware corporation Grantee: City of Yelm, a municipality in the State of Washington Legal Description: Sections 16, 17, 19, 20, Township 17 North,Range 2 East,W.M. (abbreviated—see page 5 of Deed for full legal description for Thurston County) Tax Parcel Number: 000 3101 100 (pierce County) I Ililll VIII VIII VIII VIII VIII VIII IIII IIII 4128323 3 PGS ' 0610712006 1:58pmgERJOHNSO 11111111111 3835367 EXCISE COLHECTE:1.R PRO,FEE:$5,00 111111111 Page: 1 of 6 PA IIIIIIIIII 1111111 : 5.00 11111111111 05,3 . FEE 1111111 oizoos PIERCE COUNTY, WA STATE $ LASHER HOLZAPFEL SPERRY D 10 4W $37.00 Thurston Co. Wa. f QUITCLAIM DEED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Grantor, hereby donates, conveys and quitclaims to Grantee, CITY OF YELM, a municipality in the State of Washington,without any covenants of warranty whatsoever and without recourse to Grantor, its successors or assignees, all of Grantor's rights,title and interest, if any, in real estate and improvements constituting Grantor's rail corridor between Milepost 20.99, in Roy, Washington, and the Southwestern end of this rail line corridor at or near Milepost 25.26, in Yelm, Washington, which real estate and improvements are situated in Pierce and Thurston Counties, Washington, the boundaries of which are more particularly described in Attachment 1, attached hereto (hereinafter"Premises"). SUBJECT,however,to all existing interests in the Premises, including but not limited to all reservations, easements and other encumbrances, of record or otherwise. EXCEPTING AND RESERVING unto Grantor, its successors and assignees, a license for 99 years (or until any earlier date on which all rail service is abandoned on the rail line on the Premises),to operate over such portion of track on the Premises at or near Roy, Washington as is necessary or convenient to interchange rail traffic between Grantor and Grantee, or Grantee's successor or assignee. -1- IIIIIIIIIIIIilllll IIII IIII IIIIIII III IIII IIIII IIII 3835367 3 18 060/2006 10:42A 111111 LASHER HOLZAPFEL SPERRY D $37.00 Thurston Co. Wa. t THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: 4,� -W49D Peter . Rickershauser Vice President-Network Development �•oQ'�G�piPOR,��lc• F' FATTEST: Sl- ......-- ..... . - .•. �, Assistant Secre t��.�f�AWAQ . N:law.mkg\dww\contracts\yelm quitclaim deed —2— 111111 VIII IIIIIIIIII 111111 II IIIIIII III VIII IIII IIII 3835367 3 13©5 0/2006 10:42A LASHER 1-101-2APFEL SPERRY D $37.00 Thurston Co. Wa. STATE OF TEXAS ) ss. COUNTY OF TARRANT ) On this�ok day of November, 2000,before me,the undersigned,a Notary Public in and for the State of Texas,duly commissioned and sworn,personally appeared Peter I Rickershauser,Vice President, Network Development, and an Assistant Secretary, respectively, of The Burlington Northern and Santa Fe Railway Company,the corporation that executed the foregoing instrument, and acknowledged the execution thereof to be the free and voluntary act and deed of such officer and the voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the foregoing instrument and that the seal affixed in the corporate seal of said corporation. Witness my hand and official seal affixed the day and year first above written. ��SSIER Notary Public Notary * KrfOFMAS �* „ E,.0q/Is/ My commission expires: /s �0 -3- 3835367 III IIII Page: O5/30/2006 10:42R IIIIIII I - -----V n Q37-00 Thurston Co. We f 1 eS F ATTACHEMENT 1 THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4, 9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS,.TO-WIT:....... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a AND THE SEI/a OF SAID SECTION 4, THE NEIANWIANE'A OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/4NE1/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39; ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED IN 'WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS, PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NIh OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. 3835367 IIIIIIPage: 5 of 6 IIIIIIII IIII III II IIII IIII I IIIIII III(IIII IIII IIII 05/30/2006 10:42A ,. V—f, ue �eorri SP�RRY D $37.00 Thurston Co. Lia. r THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND---CONSTRUCTED-UPON, OVER-AND-ACROSS--GOVERNMENT - LOTS 4 AND 9 AND THE SW'/4NEI/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/4SE1/a AND THE SWI/a OF SAID SECTION 17, THE NWI/4NW1/a OF SAID SECTION 20, AND THE NEI/a AND THE SEI/4SE1/4NW1/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SE1/a OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH - LINE OF SAID SEI/4SE1/4NW1/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. 3835367 IIIIIIIIPage: 6 of 5 11111 EI lill 05/30/2006 10:42A IIIIIIII IIIIIIIII IIIIIIIIII IIII LASHER HOLZAPFEL SPERRY D $37.00 Thurston Co. Wa N i w � QTDEMMn� IENTVENUE GTGNSTATE REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) [:]Cheek box if partial sale of roe If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm xw Attn:Shelly Badger P4 0 p4 W z Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 mw City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name 19032023900 n Mailing Address ❑ City/State/Zip Phone No.(with area code) ❑ Street address of property: This property is located in El unincorporated Pierce and Thurston County OR within❑city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ 0 WAC No. (Section/Subsection) 458-61A-201(5)(a) Is this property classified as current use(open space,farm and Q agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ Q Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ 0 if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ _ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2) NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS " I CER711IT f UNDER PENAI'Y OF PERJURY THAT THE FOREGOING IS TRUE AND-CORRECT. Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUN'T'Y, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS_FOLLOWS,..TQ___w_M........ ...... .........._...__... ....__..... ..__.. ..... ._..... . ........ .__._... . ..... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEl/4NEl/a AND THE SEI/a OF SAID SECTION 4, THE NE1/4NW/4NEI/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/4NEl/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UK TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS, PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE N/i OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER,ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. Exhibit A(continued) THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED-AND—CONSTMUCTED-UPON OVER AND ACROSS,-GOVERNMENT LOTS 4 AND 9 AND THE SWI/4NEI/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NE1/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/4SE1/a AND THE SWI/a OF SAID SECTION 17, THE NWIANW1/a OF SAID SECTION 20, AND THE NEIA AND THE SEI/4SE1/4NW/ OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWIASEIA OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH-LINE OF SAID SEIMEIANW1/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a,AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. State of Washington REAL ESTATE EXCISE TAX Depanment of Revenue 1z Miscellaneous Tax Section SUPPLEMENTAL STATEMENT 1' Po Box 47477 Olympia WA 98504-7477 (WAC 458-61A-304) This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 0001 A)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee.(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑ YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information reg ar 'ng record-keeping quirements and evasion penalties. KrT Grantor's Signature rantee's Si ' ature (BNSF) (City of Yelm)` 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) I,(print name) ,certify that I air acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTY)users may call 1-800-451-7985. REV 84 0002e(a)(12/28/05) TAXPAYER rV T0EPARTMENT OF REVENUE WASHINGTON STATE REAL ESTATE EXCISE TAX AFFIDAVIT _ This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT,BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) ❑Check box if partial sale of roe If multi le owners list percentage ofownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm xw Attn:Shelly Badger 94 0 a Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 Cq City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:0 Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers-check box if personal property /� f Name -�1b 1 0 Mailing Address Uv City/State/Zip ❑ Phone No.(with area code) ❑ pStreet address of property: This property is located in❑✓ unincorporated Pierce and Thurston County OR within❑city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ 0 Is this property classified as current use(open space,farm and ❑ E] WAC No. (Section/Subsection) 458-61A-201(5)(a) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ ❑✓ Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if the land transferred continues to qualify and will indicate by signing below. Ifthe land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY-OF PERJURY THAT T HE FOREGOING IS TRUE AND-CORRECT. - Signature of I�� , Signature of Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS'SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS_FOLLOWS..TO-WIT;.......... ..._.............._.___... ....__._.. ._..... ..._. ........ _._.._ . :._. PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a AND-THE SEI/a OF SAID SECTION 4, THE NEi/4NW1/4NE1/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEV4NE1/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NI/2 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. r Exhibit A(continued) THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0• FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF. NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED--AND--GONSTRUGTED UPON; OVER AND—ACROSS-.GOVERNMENT LOTS 4 AND 9 AND THE SWIANEIA OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWIASEIA AND THE SWI/a OF SAID SECTION 17, THE NWIANWI/a OF SAID SECTION 20, AND THE NEI/a AND THE SEI/4SEI/4NWI/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SEI/a OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH- LINE OF SAID SEl/aSE'ANWI/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWIA OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a,AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. state of Washington REAL ESTATE EXCISE TAX =0tof Revenue s :.Miscellaneous Tax Section SUPPLEMENTAL STATEMENT + PO Box 47477 Olympia WA 98504-7477 (WAC 458-61A-304) This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 000 IA)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(I Q. The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated ,was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has rnadc and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑ YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information rega dl g r ord-keeping quirements and evasion penalties. Grantor's SignatureGran ee's Si lure (BNSF) ' (City f Yelm) 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) I,(print name) ,certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTY)users may call 1-800451-7985. REV 84 0002.(a)(12/28/05) TAXPAYER � ' . Illllllllllll�lllllllliltllllllllllllllltlllllllilllllllllllllllllllll 200606070699 6 PGS 0610712006 2;01 m $$37.00 t: PIERCE COUNTY, �1RSRINGTON Return recorded document to: Taro Kusunose ��1 Lasher Holzapfel Sperry&Ebberson P.L.L.C. Thurston County Treasurer 2600 Two Union Square Real Estate Excise Tax paid. 601 Union Street - ! Seattle, WA 98101-4000 BY S f I ° C��_Dq ty QUIT CLAIM DEED Reference No.: N/A Grantor: Burlington Northern and Santa Fe Railroad Company, a Delaware corporation Grantee: City of Yelm, a municipality in the State of Washington Legal Description: Sections 16, 17, 19, 20, Township 17 North, Range 2 East, W.M. (abbreviated—see page 5 of Deed for full legal description for Thurston County) Tax Parcel Number: 000 3101 100 (pierce County) IIIIIIilllllllllilllillllllllllilllllllllilll 0610712006 1;58ppm ERJOHNSO 4128323 3 PGS EXCISE COLLECTEo;$0.00 PRO.FM$5.00 IIIIIII 3835367 PAT MCCARTHY, AUDITOR IIIII Page: 1 of 6 DO IIIIIII ATE FEE 5, III III ST $ III WA IIII II COUNTY, IIIII PIERCE IIIII IIIII 05/30/2006 IIII II LASHER HOLZAPFEL SPERRY D 10.4W $37.00 Thurston Co. Wa, ;y - S QUITCLAIM DEED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Grantor, hereby donates, conveys and quitclaims to Grantee, CITY OF YELM, a municipality in the State of Washington, without any covenants of warranty whatsoever and without recourse to Grantor, its successors or assignees, all of Grantor's rights, title and interest, if any, in real estate and improvements constituting Grantor's rail corridor between Milepost 20.99, in Roy, Washington, and the southwestern end of this rail line corridor at or near Milepost 25.26, in Yelm, Washington, which real estate and improvements are situated in Pierce and Thurston Counties, Washington, the boundaries of which are more particularly described in Attachment 1, attached hereto (hereinafter"Premises"). SUBJECT,however,to all existing interests in the Premises, including but not limited to all reservations, easements and other encumbrances, of record or otherwise. EXCEPTING AND RESERVING unto Grantor, its successors and assignees, a license for 99 years (or until any earlier date on which all rail service is abandoned on the rail line on the Premises),to operate over such portion of track on the Premises at or near Roy, Washington as is necessary or convenient to interchange rail traffic between Grantor and Grantee, or Grantee's successor or assignee. -1- 3835367 IIIIII VIII IIIIIII III IIIIII IIII IIIIIII III VIII IIII IIII 05/30/2006 10:42A LASHER HOLZAPFEL SPERRY D $37.00 Thurston Co. Wa. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: 4D Peter . Rickershauser Vice President-Network Development mos ``1111111111117�ir��// =o; F'••,�ATTEST: By: > Assistant.Secre AFL wt rj NA1aw.mkg\dww\contracts\ye1m quitclaim deed —2— iIIIIII VIII IIIIIII III IIIIII III 3835367 3 of 6 I IIIIIII III IIIII IIII IN 05/30/2006 10:42A LASHER HOLZAPFEL SPERRY D $37.00 Thurston Co. 1Ja. STATE OF TEXAS ) ss. COUNTY OF TARRANT ) On this�OL day of November, 2000,before me,the undersigned,a Notary Public in and for the State of Texas,duly commissioned and sworn,personally appeared Peter J. Rickershauser,Vice President, Network Development, and an Assistant Secretary, respectively, of The Burlington Northern and Santa Fe Railway Company,the corporation that executed the foregoing instrument, and acknowledged the execution thereof to be the free and voluntary act and deed of such officer and the voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the foregoing instrument and thatthe seal affixed in. the corporate seal of said corporation. Witness my hand and official seal affixed the day and year first above written. �')SSIER ' No Public SHARON t4otv'ry at row. 18!2.001 My commission expires: -3- 3835367 053©/2005 f 0 :42A IIII im 11311111111111111111111111111 I 11EI cnroov n X37.00 Thurston Co. Ma. a ATTACHEMENT 1 THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4, 9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND.20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS_FOLLOWS,.TO-WIT;.......... ... ... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEIANE1/a AND THE SETA OF SAID SECTION 4, THE NEI/4NW'/4NE1/4 OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/4NE1/4, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39; ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND, ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF.DEEDS, PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NI/2 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. 3835367 IIIIIII Hill IIIIIII 1 05/30/2006 10:42A iocucp uni7cPFEL SPERRY D $37.00 Thurston Co. Wa. THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED--AND---CONSTRUCTED--UPON; OVER-AND-ACROSS--GOVERNME-NT -- LOTS 4 AND 9 AND THE SWI/4NE�/4 OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/4;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/4SEI/4 AND THE SWI/40F SAID SECTION 17, THE NWI/4NWI/4 OF SAID SECTION 20, AND THE NEI/4 AND THE SEI/4SEI/4NWI/4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SEI/4 OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH - LINE OF SAID SEI/4SEI/4NWI/4 OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWIA OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/4, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. 3835367 IIIIPage: 5 of 6 IIIIIIIIIIII IIIIIIIIII IIIIIIIIII III III IIII IIII IIII 05/30/2006 10:42A LASHER HOLZAPFEL SPERRY D $37.00 Thurston Co. Wa. �irrrnl�Trir�ni.c or",R»v Nut watI.iNcrosSn- REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES WRE.FI3KY COMPLETED (See back page for instructions) v' ❑Check box if partial sale of property If multiple owners list percentage of ownership next to name. 7P4Name Burlington Northern and Santa Fe Railway Company Name City of Yelm Attn:Shelly Badger w Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 m City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:Q Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers–check box if personal property 0 Name 100 F-1 Mailing Address City/State/Zip n Phone No.(with area code) n Street address of property: This property is located in❑✓ unincorporated Pierce and Thurston County OR within❑city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑✓ Is this property classified as current use(open space,farm and ❑ 0 WAC No. (Section/Subsection) 458-61A-201(5)(a) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical properly ❑ ❑✓ Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2) NOTICE OF COMPLIANCE(HISTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX — *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. �v`OT�VENLIE wyWticroN sre,:E' REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES rARE_FUi3,Y COMPLETED (See back page for instructions) v' Check box if partial sale of property If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm aw Attn:Shelly Badger 94 0 ..:i z Mailing Address 2500 Lou Menk Drive,AOB-3 Mailing Address P.O.B..479 City/State/Zip Forth Worth,TX 76131-2828 ra City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to: Same as Buyer/Grantee List all real and petsonal property tax parcel account List assessed value(s) numbers—check box if personal property Name 000 �3I b I 100 Mailing Address I—I City/State/Zip I� Phone No.(with area code) n - Street address of property: This property is located in❑� unincorporated Pierce and Thurston County OR within❑city of Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption,list WAC number and reason for exemption: Is this property designated as forestland per chapter 84.33 RCW? ❑ ❑Q Is this property classified as current use(open space,farm and 13 El WAC No.(Section/Subsection) 458-61A-201(5)(al agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ ED Giftof real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND ORCURRENTUSE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if fhe land transferred continues to qualify and will indicate by signing below. Ifthe land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax:State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 7 Local $ (2)NOTICE OF COMPLIANCE(HISTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature r g n Signature r g �of Grantor or Grantor's A ent \ t tt c Grantee or Grantee's A entName(print) Dalen E.Wntermute Name(print) Shelly Badger f Date&city of signing: 14/V,/0(P 0(0 F—(-,Wo,4h, Dale&city of signing: Perjury:Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). REV 84 0001ae(a)(06/29/05) THIS SPACE-TREASURER'S USE ONLY DEPT.OF REVENUE 0610112006 1:56ppa ERJOHN50 4128323 3 PGS PRO.FEE;$5,00 EXCISE COLbHTCTEII:10.OR0 PIERCE COUNTY, A STATE FEE4510 ,z 4 Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND .SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED.AS_FOLLQn TQ-WjT�__..._._ ...._...._........_.__._... ...._.._....._..... ..._. _...... . ...... __._._.... . ...... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAIDMAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a AND-THE SEI/a OF SAID SECTION 4, THE NEI/4 W/4NEI/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI4NEI/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NY20F SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. Exhibit A(continued) THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF. NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN 'TRACK CENTERLINE; AS ORIGINALLY LOCATED-AND-.CONSTRUCTED-UPON, OVER ANDACROSS—GOVERNMENT LOTS 4 AND 9 AND THE SWl/4NEI/4 OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWl/aSEI/4 AND THE SWI/4 OF SAID SECTION 17, THE NWI/4NWI/4 OF SAID SECTION 20, AND THE NEI/a AND THE SEI/aSEI/4NWI/4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/aSEI/4 OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH- LINE OF SAID SEI/4SEI/4NWI/4 OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a,AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. SI,leofWashington REAL ESTATE EXCISE TAX Depamaneous Tax See SUPPLEMENTAL STATEMENT con Miscellaneous Tax Section PO Box 47477 Olympia WA 98504-7477 (WAC 458-61A-304) ' this form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 0001A)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). . The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑ YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information reg a g r or I-keepin quirements and evasion penalties. t� Grantor's Signature /Gran ee's Si lure (BNSF) / (City f Yelm) 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) I,(print name) ,certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570.3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTY)users may call 1-800-451-7985. REV 84 0002c(a)(12/28105) TAXPAYER 200606 07@699 6 PGS : f 0610712066 �- PIERCE COUNTY, RS INGTON Return recorded document to: Taro Kusunose Lasher Holzapfel Sperry &Ebberson P.L.L.C. Thurston County Treasurer 2600 Two Union Square 1tealEstate Excise Tax paid . 601 Union Street Seattle, WA 98101-4000 By S� (�0 I®�o 1k r Deputy QUIT CLAIM DEED Reference No.: N/A Grantor: Burlington Northern and Santa Fe Railroad Company, a Delaware corporation Grantee: City of Yelm, a municipality in the State of Washington Legal Description: Sections 16, 17, 19, 20, Township 17 North, Range 2 East, W.M. (abbreviated—see page 5 of Deed for full legal description for Thurston County) Tax Parcel Number: 000 3.101 100 (pierce County) pp 4128323 3 PGS EXCISE�COLLECTEom$0R00HN50 PRO.FEE;$5,00 IIIIII 3835367 PAT NCCARTHY. AUD1 101 IIII Page: 1 of r, II III IIIII (IIII 5,00 III I FEE III II STATE IIII $ IIIof� WA COUNTY ITI osi CE III ao PIER , LASHER HOLZAPFEL SPERRY D �2., ,.4W $37.00 Thurston Co. Wa. QUITCLAIM DEED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Grantor, hereby donates, conveys and quitclaims to Grantee, CITY OF YELM, a municipality in the State of Washington,without any covenants of warranty whatsoever and without recourse to Grantor, its successors or assignees, all of Grantor's rights, title and interest, if any,in real estate and improvements constituting Grantor's rail corridor between Milepost 20.99, in Roy, Washington, and the southwestern end of this rail line corridor at or near Milepost 25.26, in Yelm, Washington, which real estate and improvements are situated in Pierce.and Thurston Counties, Washington, the boundaries of which are more particularly described in Attachment 1, attached hereto (hereinafter"Premises"). SUBJECT,however, to all existing interests in the Premises, including but not limited to all reservations, easements and other encumbrances, of record or otherwise. EXCEPTING AND RESERVING unto Grantor, its successors and assignees, a license for 99 years (or until any earlier date on which all rail service is abandoned on the rail line on the Premises),to operate over such portion of track on the Premises at or near Roy, Washington as is necessary or convenient to interchange rail traffic between Grantor and Grantee, or Grantee's successor or assignee. -1- IIIIII VIII Page: 6 IIIIIIIIIIIIIII IIIIIIIIIIIIIII 05/30l2m06 1 IIIIIIIilllll m.42A LASHER HOLZAPFEL SPERRY D $37.00 Thurston Co. Wa. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: Peter . Rickershauser Vice President-Network Development N cwa s co FATTEST: y.SEA .:ABY: Assistant Secre N:law.mkg\dww\contracts\yelm.quitclaim deed —2- 3835367 IIIIIIIIIIIIIIIII Page: 3 of 6 IIIIIIIIIIIIIII 05 Iilllllllllll /30/200610.42 IIIIIIIIII A .LASHER HOLZAPFEL SPERRY D $37.00 Thurston Co. Wa. _ i STATE OF TEXAS ) ) ss. COUNTY OF TARRANT ) On this}k day of November,2000,before me,the undersigned,a Notary Public in and for the State of Texas, duly commissioned and sworn,personally appeared Peter J. Rickershauser,Vice President, Network Development, and an Assistant Secretary, respectively, of The Burlington Northern and Santa Fe Railway Company,the corporation that executed the foregoing instrument, and acknowledged the execution thereof to be the free and voluntary act and deed of such officer and the voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the foregoing instrument and that the seal affixed in ___ ... the corporate seal of said corporation. Witness my hand and official seal affixed the day and year first above written. SHARON t. ;oSSIER Notary Public tWC wm.EV.Gg/16� 1 My commission expires:g /S 0/` —3— 3835367 IIIIIIIIIII IIIIII IIII(IIII IIIIII IIII III I IIII 05 Page:012006 10:42A II IIIIIIIII ncue'D uni 70DFF1 gPERRY D $37.00 Thurston Co. Lia. a ATTACHEMENT 1 THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILEPOST 25.56), WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4, 9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY _._._. _ .... .-DESCRIBED AS FOLLOWS PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NE1/4 AND.THE SEI/40F SAID SECTION 4, THE NEI/4NWI/4NEI/4 OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/4NEI/4, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF.DEEDS, PAGE 571 IN AND FOR SAID COUNTY; ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NV2 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. 13835367 IPage: 5 of 6 IIIIIIIIIIIIIIII IIIIIIIIIIIIIiII IIIIII III II IIIIIIIIII 0513012006 10:42A LASHER HOLZAPFEL SPERRY D $37.00 Thurston Co. Wa. THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCAT-ED--AND---CONS-T-RUCTED--U-PON-i -OVER-ANIS-ACROSS---GOVERNMENT -- LOTS 4 AND 9 AND THE SWI/4NEI/4 OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NE1/4;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/4SEI/4 AND THE SWI/4 OF SAID SECTION 17, THE NWI/4NWI/4 OF SAID SECTION 20, AND THE NEI/4 AND THE SEI/4SEI/4NWI/4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SEI/4 OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH - LINE OF SAID SEI/4SEI/4NWI/4 OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/4, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. 3835367 I 111111 Hill IIIIIII1111111111111111111111111111111 lill 0530/2006 10:42A LASHER HOLZAPFEL SPERRY D $37.00 Thurston Co. Wa. DEPAR"'t<IENT OF REVENUE wasHIHCTON STATE REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE Ft%;_Y COMPLETED (See back page for instructions) L_ El Check box if partial sale of property If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm o 7E)z, Attn:Shelly Badger z Mailing Address 2500 Lou Menk Drive,AOB-3 Mailing Address P.O.Box 479 � City/State/Zip Forth Worth,TX 76131-2828 City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all roe tax correspondence to: ✓ y List all real and personal property tax parcel account property rty p Same as Bu er/Grantee numbers—check box if personal property List assessed value(s) Name 19032023900 t1 Mailing Address n City/State/Zip n Phone No.(with area code) ❑ — - Street address of property: This property is located in ✓❑unincorporated Pierce and Thurston County OR within❑city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑✓ 45$-61A-201(5)(a) Is this property classified as current use(open space,farm and Q WAC No. (Section/Subsection) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical properly ❑ ❑✓ Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ 0 if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does Q does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2)NOTICE OF COMPLIANCE(HISTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Tota]Due $ 10.00 A MINIMUM OF S10.00_IS DUE INYRE(S)AND/OR TAX---_ *SEE INSTRUCTIONS I CERTIFY UNDER PENA TY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of // // n � Signature of ('t� p r =qrz ^ 1 y n�!!. ,1 1 Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM(NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 16,ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED..AS.FOLLOWS.,.TQ-W . . ...._............_..._. ... ....._..... ..__.... ....:. ...... ......... ..- .... . ..... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK_CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a AND-THE SEI/a OF SAID SECTION 4, THE NEi/4NWI/4NEI/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEIANEI/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED •IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NI/z OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. r Exhibit A(continued) THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY L-OCATED AND--CONSTRUCTED-UPON, OVER AND—ACROSS-.GOVERN. N-T LOTS 4 AND 9 AND THE SWI/4NE1/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NE1/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/4SE1/a AND THE SWI/a OF SAID SECTION 17, THE NWV4NWI/a OF SAID SECTION 20, AND THE NE'A AND THE SEI/4SE1/4NW1/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWl/4SEV4 OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH• LINE OF SAID SEi/4SE1/4NW1/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/,t OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWV4, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. Stale oCWashington REAL ESTATE EXCISE TAX Departmrnt oCRevenue Miscellancous Tax Section SUPPLEMENTAL STATEMENT PO Box 47477 Olympia WA 98504-7477 (WAC 458-61A-304) i o This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 000 IA)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration I.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑ YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information reg ar 'ngrecord-keeping quirements and evasion penalties. Gk ��`4 1 Grantor's Signature rantee's SioUature (BNSF) (City of Ye]m)' 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) I,(print name) ,certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTY)users may call I-800-451-7985. REV 84 0002.(a)(12/28/05) TAXPAYER LASHER HOLZAPFEL PLLC S P E R R Y & ° EBBERSON r -June 13, 2006 ATTORNEYS AT LAW ©2600 TWO UNION SQUARE o 601 UNION STREET SEATTLE WA 98101-4000/TELEPHONE 206 624-1230/FAX 206 340-2563 WWW.LASHER.COM City of Yelm, Washington Attn: Ms. Shelly Badger, City Admin. JUN. 1 4 2006 P.D.Box 479 / 105 Yelni Avenue West ? ; Yehn, WA 98597 RE: Property from Burlington Northern/Santa Fe Railroad Company Dear Shelly: At long last, we have recorded the documents incident to the donated and purchased land the City of Yelm obtained from the Burlington Northern/Santa Fe Railroad Company pursuant to the Real Estate Purchase and Sale Agreement from November of 2000. Really, these recordings should have occurred back in 2000, so it is a great relief that all of the key players were still around to make this happen. Enclosed for your file are the following documents: . I Purchase,Deed: 1. Original Quit Claim Deed dated November 14; 2000 and recorded May 24, 2006 under Thurston County Recording No. 3834286, with Excise Tax Affidavit #351540. This document was recorded in Thurston County only. Donation Deed: 2: Copy of Quit Claim Deed dated November 10, 2000 and recorded May 30, 2006 under Thurston County Recording No. 3835367, with Excise Tax Affidavit #351245. This document was also recorded on June 7, 2006 under Pierce County Recording No. 200606070699, with Excise Tax Affidavit #4128323. The original recorded deed will be mailed by Pierce County to me at a later date, and I will forward the original to you when it is received. Please note that for future reference, the tax parcel numbers.for this property are different in each respective county as follows: Thurston County Tax Parcel No.: #19032023900 Pierce County Tax Parcel No.: #000 3101 100 (R:\Clients\15336\S391708.DOC) LASHER HOLZAPFEL SPERRY & PLC EBBERSON June 13, 2006 Page 2 Our real estate paralegal, Rebekah Grant, found it a pleasure working with you and Dana and Stephanie (as I knew she would!). It has also been good for me working with the City again, as you are all a pleasure to work with. We hope to be working with the City again in the future, but not clean up work on the 2000 Burlington Northern transaction! Please do not hesitate to contact me should you have any questions regarding this matter. Very truly yours, l Taro Kusunose DIRECT LINE: (206)654-2430 EMAIL: kusunose@lasher.com Enclosures cc: Stephanie Ray w/copies of-encl. Dana Spivey w/o enc. {R:\C1i exits\15336\S391708.DOC} Y ;' \\ LASHER ;r V\ HOLZAPFEL (��\ S P E R R Y & ILLI �/- EBBERSON June 13, 2006 ATTORNEYS AT LAW 2600 TWO UNION SQUARE 601 UNION STREET SEATTLE WA 98101-4000/TELEPHONE 206 624-1230/FAX 206 340-2563 W W W.LASHER.COM City of Yelm, Washington Attn: Ms. Shelly Badger, City Admin. P.O. Box 479 / 105 Yelm Avenue West Yelm, WA 98597 RE: Property from Burlington Northern/Santa Fe Railroad Company Dear Shelly: At long last, we have recorded the documents incident to the donated and purchased land the City of Yelm obtained from the Burlington Northern/Santa Fe Railroad Company pursuant to the Real Estate Purchase and Sale Agreement from November of 2000. Really, these recordings should have occurred back in 2000, so it is a great relief that all of the key players were still around to make this happen. Enclosed for your file are the following documents: Purchase Deed: 1. Original Quit Claim Deed dated November 14, 2000 and recorded May 24, 2006 under Thurston County Recording No. 3834286, with Excise Tax Affidavit #351540. This document was recorded in Thurston County only. Donation Deed: 2. Copy of Quit Claim Deed dated November 10, 2000 and recorded May 30, 2006 under Thurston County Recording No. 3835367, with Excise Tax Affidavit #351245. This document was also recorded on June 7, 2006 under Pierce County Recording No. 200606070699, with Excise Tax Affidavit 94128323. The original recorded deed will be mailed by Pierce County to me at a later date, and I will forward the original to you when it is received. Please note that for future reference, the tax parcel numbers for this property are different in each respective county as follows: Thurston County Tax Parcel No.: #19032023900 Pierce County Tax Parcel No.: #000 3101 100 {R:\Clients\l 5336\S391708.DOC} v LASHER j HOLZAP FEL -"-' - PLL C SPERRY & EBBERSON June 13, 2006 Page 2 Our real estate paralegal, Rebekah Grant, found it a pleasure working with you and Dana and Stephanie (as I knew she would!). It has also been good for me working with the City again, as you are all a pleasure to work with. We hope to be working with the City again in the future, but not clean up work on the 2000 Burlington Northern transaction! Please do not hesitate to contact me should you have any questions regarding this matter. Very truly yours, Taro Kusunose DIRECT LINE:(206)654-2430 EMAIL: kusunose@lasher.com Enclosures _ cc: Step anie.�ay w%cop ei sof encl Dana Spivey w/o enc. {R:\Clients\l 5336\S391708.DOC} `. LASHER HOLZAPFEL PLLC SPERRY & EBBERSON ATTORNEYS AT LAW 2600 TWO UNION SQUARE 601 UNION STREET SEATTLE WA 98101-4000/_ TELEP-HONE 206 624-1230/FAX 206 340-2563 WWW.LASHER.COM WPM Em July 13, 2.006 "-- 'u J U L 1 8 2C06 City of Yelm, Wash' on Attn: Ms. Shel adger, City Admin. COPY P.O. Box / 105 Yelm Avenue West Yelm, A 98597 RE: Property from Burlington Northern/Santa Fe Railroad Company Dear Shelly: I am happy to enclose the original Quit Claim Deed between Burlington Northern/Santa Fe Railroad Company and the City of Yelm, recorded June 7, 2006 under Pierce County Recording No. 200606070699. Please put this with the Thurston County Quit Claim Deed forwarded to you with my letter of June 13, 2006. Please do not hesitate to contact me should you have any questions regarding this matter. Very truly yours, LASHER HOLZAPFEL SPERRY&EBBERSON, P.L.L.C. Taro Kusunose DIRECT LINE:(206)654-2430 EMAIL: kusunose@lasher.com TK:jmc Enclosure cc: Stephanie Ray w/copy of ee cl. Dana Spivey w/o encl. COPY {R:\Clients\15336\S3 98552.DOC} " I LASHER HOLZAPFEL SPERRY & PLLC EBBERSON ATTORNEYS AT LAW©2600 TWO UNION SQUARE o 601 UNION STREET SEATTLE WA 98101-4000/TELEPHONE-206-6-24-1-230._L_FAX-2a6-3-4-a +R7 , I �WW11� LASHER C.OwI i July 13 2006 „s. '. .. .. f 1 JUt 14 2006 City of Yelm, Washington Attn: Ms. Shelly Badger, City Admin. P.O. Box 479/ 105 Yelm Avenue West Yelm, WA 98597 RE:' Property from Burlington Northern/Santa Fe Railroad Company Dear Shelly: T am happy to enclose the original Quit Claim Deed between Burlington Northern/Santa Fe Railroad Company and the City of Yelm, recorded June 7, 2006 under Pierce County Recording No. 200606070699. Please put this with the Thurston County Quit Claim Deed forwarded to you with my letter of June 13, 2006. Please do not hesitate to contact me should you have any questions regarding this matter. Very truly yours, LASHER HOLZAPFEL SPERRY&EBBERSON, P.L.L.C. Taro Kusunose DIRECT LINE:(206)654-2430 EMAIL: kusunose@lasher.com TK.jmc Enclosure cc: Stephanie Ray w/copy of encl. Dana Spivey w/o encl. {R:\C1ients\15336\S398552.D0C} _ l. I OF.tHg p KeyBank National Association . CITY OF-YELM 130x'479 19•57/129 NO. 2,&, TO YELK WA 98597 (360)'458-3244 C'Lmms.FUND, YEY.M� 1 �. { „ I ill 14u11.:�uui+ -11 +BI�nNII liu„I�I+ +� PAY TO THE ORDER OF DATE CHECK NO. AMOUNT 5./25/06 28070- $6 , 947 53; LASHER HOLZAPFEL—SPERRY-& EBBERSON 8. 601 UNION ST 'SEATTLE, WA' 98'-101 4000 iTREAsuRER IV Apvr COUNTERSIGNED MAYOR: 1110 280 7011” ii: L 2 5000 5 741: 00 50600 7 L 711' +� DATE INVOICE ACCOUNT NUMBER NET INVOICE AMOUNT DESCRIPTION i I I I 1 i j Y OF YELM Po 86x'479,YELM WA 9859T REMITTANCE ADVICE r t !!01 M AY 2 3 2006 } : F r ' B t TO: SHELLY BADGER FROM: REBEKAH GRANT RE: BNSF RECORDING OF PURCHASE DEED DATE: MAY 18, 2006 Hi Shelly: Enclosed please find the f6llowing items for your review and file: 1. Original check issued by City of Yelm in the amount of$8,081.75; 2. Documentation regarding excise tax, penalties and interest due provided by Thurston County; and 3. A copy of the $6,947.53 check our firm advanced on behalf of the City of Yelm for the adjusted amount due at recording of the BNSF Purchase Deed consisting of excise tax, interest and penalties due oil a purchase price of $300,.000 and a transaction date of November 14,'2000. Thurston County has adjusted downward the amount of tax, interest and penalties due based on the local taxing authority rates and the tax information provided on the Quit Claim Deed and Real Estate Excise Tax Affidavit submitted for recording. We understand that,the City of Yelm will be providing a check to our office payable to LHSE in the amount of$6,947.53 to reimburse our costs advanced for this transaction. ?teac � — ;, �. .. Thank you for your help in this matter. LACE P Rebekah Grant Paralegal for Taro Kusunose I LASHER HOLZAPF_EL S P_E R R_Y E PLLC EBBERSON TELEPHONE 206 624-1230/FAX 206 340-2563/DIRECT 206 654-2423 REBEKAH GRANT PARALEGAL/LEGAL ASSISTANT GRANT®LASHER.COM (RAClientAl 5336\,5387208.DOC) IVP IH I: g pA w g �9 CITY OF YELM Keyea�k Na�onel Assadatton P.O.BOX 479 19-57112so PY3�&: INo-. 27948 YELM,WA 98597 (360)458-3244 CLAIMS FUND *-* x-E I GHT THOUSAND El G{-IT`r' ONE -DOLL-AIRS., A TS. CEI<I PAY TO THE ORDER OF DATE :,CHECK NO. AMOUNT 2000L-AKERIDGE DR SW /�.�! 54 /t OLYMPIA, WA 9850,2 CI7Y,CLERK/TREASURER COUNTERSIGNED,-MAYOR 1110 2794811' 1: L 250005741: 00506007 L711" j Print at: Tuesday, May 16, 2006 11:45:22 AM Host: 15000OKM User: cookm �,2.5.2.1 Excise Tax Calculato d� a' � >� �.. �� xs, •- tea,. � �.��x��xe� � � : 300,000 00 � � A 000 st ��, "�}� "� � �,�§ � �� ,�, '�.��•a,�.,,� •xz' � r�.fir, ". fi ,z �.. - � -p a#o� sV'�`'�' L �38�r�'y *s ��`�y*"a *�a � �� ,. � c'�r�ti..' x,�•�' a>k� ` x ,P2 z asr k' �, �• "w"u "•` s ugh b F -� -,_2fi�x a � � 'K :ws4 � erg �• '�� i�'a '-�''�°"�� "�� a � �`a� � �.• w�� a �� r �g� � �� t�"zn �`�� 3,�, � �.��• ��;�" �t� e :� � � "'� �p i'�a� �,rµ,•a Ful i g x �� x ,,� ,� $u � x �,'�'`�'�2 r �' 'rte:; � tr r � � ss�� "��'•*,'x cs �� t ''� � .. � x��« �� s'. ] a� � ,� �' � 9 a g ...� x� n '�"'� � '` ��• �-'� peg a E` .«„ ��zx�'r� `�� '� �° �'�,'"` Y�x '�, y��'��`£� ��Ay�� .,rte �' :��R �� -a*-?`c a��' a '�.'}�k ;'r�� •xu 52"'77% r }sr�+s„, $�'�"o¢ �w��x f :�'1 '�s E��• `s `.°3 ��.-� ��it'+may.. IN � �& C a✓::, �',��,� `'�' F',�' -«�x`,� �'7 ar w� �� • s� ;�y4 +: d.-.r .��*`',�r �:w' "i.'.«� ' S..p�.a"•i&3 "..»w�U.: �3u 4' CHECK DATE LASHER HOLZAPFEL SPERRY & EBBERSON, P.L.L.0 05/22/06 2600 Two Union Square CHECK NO. 109700 601 Union Street 19-801/1250 THE COMMERCE BANK Seattle,WA 98101-4000 601 UNION STREET (206)624-1230 3600 TWO UNION SQUARE CHECK AMOUNT SEATTLE,WA 98101 SIX THOUSAND NINE HUNDRED FORTY-SEVEN AND 53/100 Dollars 6,947.53 VOID AFTER 90 DAYS PAY THURSTON CO. TREASURER .� ' TO THE ORDER OF GENERAL ACCOUNT II■ L09 70011' 1: L 2 50080 L 31: 00 L LO 2 5 7 SII' a J. Page 1 of 2 Dana Spivey From: Shelly Badger Sent: Monday,.May 22, 2006 9:32 AM To: Dana Spivey Subject: FW: BNSF Recording Dana, the BNSF recording saga just won't stop! See Rebekah & I's series of e-mails below. I heard back from Agnes in an e-mail which I will send you next. When the check comes (it may have come on Friday?), could you connect with Agnes to give her the original check for voiding and for her to issue a new check. Have her give you the new check when cut and you will be in charge of letting Rebekah know that it is in the mail. Please note below, the new check in the amount of$6,947.53 is payable to Taro's law firm LHSE (however, spell out on check). From: Shelly Badger Sent: Mon 5/22/2006 9:28 AM To: Rebekah Grant Subject: RE: BNSF Recording Good morning Rebekah, I felt that I needed to double check our agreed-upon process with our Treasurer prior to officially confirming it. I have done so and all is per our conversation and per your e-mail below. Once we receive the check in the incorrect amount, we will void it and reissue one in the amount of$6,947.53 payable to LHSE. Thank you for your patience. Shelly From: Rebekah Grant [mailto:grant@lasher.com] Sent: Thu 5/18/2006 8:29 AM To: Shelly Badger Cc: Taro Kusunose Subject: BNSF Recording Hi Shelly: This e-mail is to confirm our telephone conversation yesterday regarding the amount required by Thurston County to record the purchase deed granted by BNSF to the City of Yelm. As discussed, the excise tax, penalties and interest amount due.at recording is now$6,947.53 rather than the amount previously quoted to our office by the county of$8,081.75. I will send you back your check today for$8,081.75,along with the documentation from the county on the amount due, a copy of the check our office will advance on behalf of the City (for$6,947.53)and a brief memo reiterating these circumstances. We understand that your office will be able to issue a check payable to LHSE for $6,947.53, which check should be received by our office by May 26th. I would appreciate your quick e-mail reply confirming the above. Thanks again for your help with this matter. Rebekah Grant Paralegal/Legal Assistant Lasher Holzapfel Sperry&Ebberson 601 Union Street,#2600 Seattle,Washington 98101-4000 Direct Dial: 206.654.2423 Fax:206.340.2563 5/22/2006 i Message Page 1 of 2 Dana Spivey From: Shelly Badger Sent: Monday, May 22, 2006 9:36 AM To: Dana Spivey Subject: FW: BNSF Recording Here is Agnes& I's exchange regarding the recording issue. From: Agnes Bennick Sent: Fri 5/19/2006 2:13 PM To: Shelly Badger Subject: RE: BNSF Recording Yes, they can pay the $6k recording fee and send us the proof of payment along with the original $8k check. We will void the returned check and reissue the check to the same vendor for the reduced amount. We don't need this to go back to CC for approval, as it doesn't exceed the original issue amount. So, the turn-around time should only be a couple of days. Agnes -----Original Message----- From: Shelly Badger Sent: Thursday, May 18, 2006 4:19 PM To: Agnes Bennick Subject: FW: BNSF Recording Agnes, at the May 10th CC mtg, a warrant was approved in the amount of $8,081.75 for recording of the BNSF purchase deeds (vendor #6700 from the voucher report). In turn we mailed it to our railroad attorney handling this recording on our behalf to complete the transaction with Thurston County. In doing so, it was discovered that the incorrect amount had been provided and that the check should have been in the amount of$6947.53 (see further explanation below). Before I reply to Rebekah, I want to ensure that the process she & I discussed is AOK. They are returning to us the 5-10 check in the amount of$8,081.75 to be voided or replaced with a check in the amount of$6947.53. The new check is to be made out to the law firm versus Thurston County Treasurer as they have agreed to advance the money to get the recording completed asap. There is concern on their end that another week's wait to record the deeds could affect the documents and the new dollar amount provided by Th Cty. I asked that she supply documentation for our records stating what has happened and Rebekah has described below what she plans to include with the returned check (I think I will receive it tomorrow). 5/22/2006 ,Message Page 2 of 2 Your thoughts....sb Shelly Badger, Yelm City Administrator City of Yelm www.ci.yelm.wa.us P.O.Box 479 Yelm,WA 98597 360-458-8405 360-458-4348 fax shel ly b@ci.yelm.wa.us From: Rebekah Grant [mailto:grant@lasher.com] Sent: Thursday, May 18, 2006 8:30 AM To: Shelly Badger Cc: Taro Kusunose Subject: BNSF Recording Hi Shelly: This e-mail is to confirm our telephone conversation yesterday regarding the amount required by Thurston County to record the purchase deed granted by BNSF to the City of Yelm. As discussed, the excise tax, penalties and interest amount due at recording is now$6,947.53 rather than the amount previously quoted to our office by the county of$8,081.75. I will send you back your check today for$8,081.75, along with the documentation from the county on the amount due, a copy of the check our office will advance on behalf of the City (for$6,947.53) and a brief memo reiterating these circumstances. We understand that your office will be able to issue a check payable to LHSE for$6,947.53, which check should be received by our office by May 26th. I would appreciate your quick e-mail reply confirming the above. Thanks again for your help with this matter. Rebekah Grant Paralegal/Legal Assistant Lasher Holzapfel Sperry&Ebberson 601 Union Street,#2600 Seattle,Washington 98101-4000 Direct Dial: 206.654.2423 Fax:206.340.2563 5/22/2006 LASHER HOLZAPFEL 2 06 JIIAI 1 4SPERRY & V ILLI i( t �V EBBERSON ATTORNEYS AT LAW 2600 TWO UNION SQUARE 601 UNION STREET June 13, 2006 1 -SE-ATTL-E WA 98101-4000/TELEPHONE 206 624-1230/FAX 206 340-2563 W W W.LASHER.COM City of Yelm, Washington Attn: Ms. Shelly Badger, City Admin. P.O. Box 479 / 105 Yelm Avenue West Yelm, WA 98597 RE: Property from Burlington Northern/Santa Fe Railroad Company Dear Shelly: At long last, we have recorded the documents incident to the donated and purchased land the City of Yelm obtained from the Burlington Northern/Santa Fe Railroad Company pursuant to the Real Estate Purchase and Sale Agreement from November of 2000. Really, these recordings should have occurred back in 2000, so it is a great relief that all of the key players were still around to make this happen. Enclosed for your file are the following documents: Purchase Deed: 1. Original Quit Claim Deed dated November 14, 2000 and recorded May 24, 2006 under Thurston County Recording No. 3834286, with Excise Tax Affidavit #351540. This document was recorded in Thurston County only. Donation Deed: 2. Copy of Quit Claim Deed dated November 10, 2000 and recorded May 30, 2006 under Thurston County Recording No. 3835367, with Excise Tax Affidavit #351245. This document was also recorded on June 7, 2006 under Pierce County Recording No. 200606070699, with Excise Tax Affidavit #4128323. The original recorded deed will be mailed by Pierce County to me at a later date, and I will forward the original to you when it is received. Please note that for future reference, the tax parcel numbers for this property are different in each respective county as follows: Thurston County Tax Parcel No.: #19032023900 Pierce County Tax Parcel No.: #000 3101 100 {R:\Clients\]5336\S391708.DOC} `0 LASHER HOLZAPFEL PLLC SPERRY & EBBERSON June 13, 2006 Page 2 Our real estate paralegal, Rebekah Grant, found it a pleasure working with you and Dana and Stephanie (as I knew she would!). It has also been good for me working with the City again, as you are all a pleasure to work with. We hope to be working with the City again in the future, but not clean up work on the 2000 Burlington Northern transaction! Please do not hesitate to contact me should you have any questions regarding this matter. Very truly yours, Taro Kusunose DIRECT LINE: (206)654-2430 EMAIL: kusunose@lasher.com Enclosures cc: Stephanie Ray w/copies of encl. r ahaSpivey w%o encs {R:\Clients\15336\S391708.DOC} Page 1 of 1 Dana Spivey From: Rebekah Grant[grant@lasher.com] Sent: Thursday, May 11, 2006 2:03 PM To: Dana Spivey Subject: RE: overnight mail Thank you very much - I will be watching for it! Rebekah Grant Paralegal/Legal Assistant Lasher Holzapfel Sperry&Ebberson 601 Union Street,#2600 Seattle,Washington 98101-4000 Direct Dial: 206.654.2423 Fax:206.340.2563 From: Dana Spivey [mailto:danas@ci.yelm.wa.us] Sent: Thursday, May 11, 2006 11:19 AM To: Rebekah Grant Subject: overnight mail Hi Rebekah —just wanted to let you know that I sent the package with all signed originals and a check to Thurston County Treasurer ($8,081.75) — to you today, via US Mail— Overnight service — so it will be delivered to you before noon tomorrow, Friday, May 12th. Thanks, Dana !Dana Spivey Administrative Assistant CityAdministrator's Office City of Tefm (PO Boz 479 Telm WA 98597 360-458-8816, phone 360-458-4348,fa., danas@ci.ye(m.wa.us We makf a Living 6y what we Get. We=4 a Life 6y what we Give. 5/11/2006 0 o= 41 d m Z c k t as 12 �,,, W m m v } POSMSERVICE i..+"3 Vl. v Sma �R lw WELCOME TO YELM MPO O sf x pf a❑ m YELM WA 98597-9610 c E pap E 9„ & -VAO�� . � + Q 05/ 1/06 10;35AM w u7 u'Z ' r z Store USPS Trans 29 0 Elm LL Wkstn sys5003 Cashier D3JKPO 1w W � ❑ ❑ ❑ ° Cashier's Name DARLENE Stock Unit Id WINWARD W W m _ ° _ PO Phone Number 800-275-8777 v P F • :Z USPS # 5476210398 ecN o ��Wf a'' . zE °.• E n« °m , za 0 �ro 1. Exp. Mail PO-ADD 18.800 Destination: 981011R - ©1'<V o Weight: 10,30 oz. ° <y Postage Type: PVI Total Cost: 18.80 Q o o a LL a . .LL Base Rate: 18.80 n Label#: ED682547056US LL Subtotal 18.80 Totam m� a ` m w m t VISA 18.80 o mo <23-903511889-97> IL 601�y �, ° �.12.,E ¢ VISA ACCT. NUMBER CLERK ID o XXXX XXXX XXXX 6069 00 °m ° m ❑ ❑ RUTH 011616 CREDIT TRANS # 812 C m i n. E o _ ° ALL SALES FINAL ON STAMPS AND POSTAGE. ° � m s REFUNDS FOR GUARANTEED SERVICES ONLY. = .G 3 a �� tp O V mmw�ca ---�° Number of Items Sold: 1 € No need to stand in line! W .� Order your .39 cent rs o :f Stamps online a � S�n At www.USPS,com N m m o �. V j O r call 1'-800-STAMP24 • a o 6F u LL LASHER HOLZAPFEpp""L UC SPERRY PLL. EBBERSON April 18, 2006 ATTORNEYS AT LAW 2600 TWO UNION SQUARE 601 UNION STREET SEATTLE WA 98101-4000/TELEPHONE 206 624-1230/FAX 206 340-2563 WWW.LASHER.COM Seat by Fed Ex: APR 19 2006 Dalen E. Wintermute - - Manager, Land Revenue Management BNSF Railway Company 2500 Lou Menk Drive,AOB-3 Ft. Worth, Texas 76131-2828 RE: Deeds granted to City of Yelm, Washington Dear Mr. Wintermute: Pursuant to our previous e-mail exchanges, enclosed please find the documents necessary for completing the transfer of BNSF property to the City of Yelm. You may recall the Real Estate Purchase and Sale Agreement between the parties dated October 30, 2000 conveyed certain real property located in Thurston and Pierce Counties, State of Washington by two Quit Claim Deeds. Please note the following with respect to each conveyance: Donation Quit Claim Deed: This deed donates real property to the City of Yelm for property located in both Thurston and Pierce Counties. I have enclosed a copy of the original signed Quit Claim Deed and retained the original in my file. Because the property is located in two counties, we need to have Real Estate Excise Tax Affidavits completed for each county. Each Affidavit consists of four pages, and each requires a signature by both parties. Because this conveyance was a gift, a Supplemental Statement is also required for each county. This document confirms there is no underlying debt on the property and no consideration was given for the conveyance. Again, this is a four page document, and we need two sets with signatures by both parties on each set. Purchase Quit Claim Deed: This deed conveys real property located in Yelm, Thurston County, to the City of Yelm. Once again, I have enclosed a copy of the original signed Quit Claim Deed for your reference, and retained the original in my file. The consideration for this property was $300,000. The county must collect the excise tax due on the sales price, along with accrued interest and penalties (because the deed was not recorded within 30 days of execution), but it is my understanding from the Purchase and Sale Agreement that the City of Yelm would be responsible for paying this fee. For this conveyance, we have just one Real Estate Excise Tax Affidavit which consists of four pages, each needing a signature from both parties. F\1ients\15336\S381051.D0C} LASHER HOLZAPFEL_ S P E R R Y & PLLC EBBERSON April 18, 2006 Page 2 We would appreciate your timely review and return of these documents. We need to have the City of Yelm sign these documents as well, and are hoping to file same by or before May 15, 2006. I have enclosed a return Fed Ex label for your convenience in returning these documents to me. I appreciate your assistance in completing this transaction, and please do not hesitate to contact me should you have any questions regarding this matter. Thank you. Very truly yours, Taro Kusunose DIRECT LINE:(206)654-2430 EMAIL: kusunose@lasher.com Enclosures Vic-Sh elilmy�Ba-geE.64 KO Y-elm wlo encs \`R:\Clients\15336\S381051.DOC) PAIL Q�su L A S H E R HOLZAPFEL PLLC S P E R R Y & APR 2 ° 2006 EBBERSON April 27, 2006 ATTORNEYS AT LAW 2600 TWO UNION SQUARE 601 UNION STREET SEATTLE WA 98101-4000/TELEPHONE 206 624-1230/FAX 206 340-2563 WWW.LASHER.COM City of Yelm, Washington Attn: Stephanie Ray, Project Manager P.O. Box 479/ 105 Yelm Avenue West Yelm, WA 98597 RE: Transfer of Property to City of Felm by BNSF Dear Stephanie: As you may recall, we are facilitating the recording of the two Quit Claim Deeds which were granted by the BNSF to the City of Yelm pursuant to a Real Estate Purchase and Sale Agreement between the parties dated October 30, 2000. We have the original deeds, and need Real Estate Excise Tax Affidavits and Supplemental Affidavits submitted to the County Recorder's office in Pierce and Thurston Counties at the time of recording. We have obtained the signature of BNSF on the Affidavits, and now need the signature of the City of Yelm on these same documents. I believe this process will be self-explanatory, but I have included a copy of the letter we sent to BNSF for your review. If you have any questions whatsoever, please do not hesitate to contact our office. Please be sure that Shelly Badger signs all the documents enclosed where indicated. Please return all original documents to our office as soon as possible, so we can submit them for recording by or before May 14th. We also need you to send us a check payable to the Thurston County Treasurer in the amount of or the excise tax, interest and penalty amounts which are due with respect to the purchase deed. Ou office will advance the recording and other processing fees associated with these documents and b 1 your office for these amounts on your next invoice. Thanks for your assistance in is matter. Very truly yours, 1 �� Apved or Payment: Rebekah Grant Project: Date: Paralegal/Legal Assistant % BARS # DIRECT LINE:(206)654-2423 EMAIL: grant@lasher.com % BARS # ob cc: Ms. Shelly Badger w/o enc. {RAC1ients\15336\S383134.D0C} Page 1 of 2 Shelly Badger From: Rebekah Grant[grant@lasher.com] Sent: Friday, May 05, 2006 3:28 PM To: Shelly Badger Cc: Taro Kusunose; Stephanie Ray Subject: RE: Burlington Northern/Transfer Documents Shelly: Thanks for your response. The timing is a factor only in that the interest and penalty amount will change for a recording date after May 14th. The Cintf-and-penalt"mount combined with the excise tax is$8059.15 if filed prior to May 15th; otherwise it will into 8081.75. you can see this is not much of a difference, but I was trying to save a little money and get e y e 12th. We will be mailing the documents to Thurston county and currentl hold the original deeds at our office so it might be best if you could increase your check to the larger amoun '' B �8'f75) and that way there isn't such a crunch on the timing.h stilt hir gtus a good idea tq have you se fte obr Jcum s�nd c y� 4ack,to ours-offlce by Fed, Exp Please let me�l2r�ow if�thiss riot a�cceptabteothruvise we wil�loo'{c forwar �ceiinngyour rrtatenals°n°ext F�aya, NINA � :._. Thanks again -let me know if you have any questions on this. Rebekah From: Shelly Badger [mailto:shellyb@ci.yelm.wa.us] Sent: Friday, May 05, 2006 2:45 PM To: Rebekah Grant; Stephanie Ray Cc: Taro Kusunose Subject: RE: Burlington Northern/Transfer Documents I will reply because the documents are on my desk after Stephanie very efficiently sent them over for signature! I apologize for the delay. We are able to send you the documents on Monday, May 8th, however, I am not able to have a check in the amount of$8,059.15 for the excise tax, interest and penalty available until Thursday, May 11th. Since receipt of the documents, this is our first opportunity for processing of the required payment (we only process twice monthly). How would you like us to get the check to you so as not to affect the time schedule for recording? A couple of options include: wd 1. �� axl theidocume tsMand'c)[aeck t®r,y__u_ontThursd y'"`liliaylk¢h '«v' -t:irk w!m,.,4.�t vu :p ''a u::.. 11 o a. ,! 'via€ eller i,Express ®vernight_y 2. If someone id planniin -on-,driving to Thurston County Courthouse for recording, we could hold the documents and check and they could be picked up OR we could send someone in to meet you at the Courthouse. Let me know what works best for you. Shelly Badger, Yelm City Administrator 5/5/2006 Page 2 of 2 City of Yelm www.ci.yelm.wa.us P.O.Box 479 Yelm,WA 98597 360-458-8405 360-458-4348 fax shel ly b&i.yel m.wa.us From: Rebekah Grant [mailto:grant@lasher.com] Sent: Friday, May 05, 2006 2:34 PM To: Stephanie Ray Cc: Shelly Badger; Taro Kusunose Subject: Burlington Northern/Transfer Documents Hi Stephanie: I wanted to check in with you to make sure you received the materials I sent you last week regarding the transfer of property by Burlington Northern to the City of Yelm. We were hoping to get the affidavits and check back from you pretty quickly so we can submit everything to the county recording offices well before May 12th. Can you please confirm you have received the materials and let me know if you anticipate being able to return them to our office early next week? Thanks very much for your efforts on this matter. Please call me with any questions. Rebekah Grant Paralegal/Legal Assistant Lasher Holzapfel Sperry&Ebberson 601 Union Street,#2600 Seattle,Washington 98101-4000 Direct Dial: 206.654.2423 Fax:206.340.2563 5/5/2006 LASHER HOLZAPFEL P"c SPERRY & EBBERSON April 27, 2006 ATTORNEYS AT LAW o 2600 TWO UNION SQUARE o 601 UNION STREET SEATTLE WA 98101-4000/TELEPHONE 206 624-1230/FAX 206 340-2563 WWW.LASHER.COM City of Yelm, Washington Attn: Stephanie Ray, Project Manager P.O. Box 479 / 105 Yelm Avenue West Yelm, WA 98597 RE: Transfer of Property to City of Yelm by BNSF Dear Stephanie: As you may recall, we are facilitating the recording of the two Quit Claim Deeds which were granted by the BNSF to the City of Yelm pursuant to a Real Estate Purchase and Sale Agreement between the parties dated October 30, 2000. We have the original deeds, and need Real Estate Excise Tax Affidavits and Supplemental Affidavits submitted to the County Recorder's office in Pierce and Thurston Counties at the time of recording. We have obtained the signature of BNSF on the Affidavits, and now need the signature of the City of Yelm on these same documents. I believe this process will be self-explanatory, but I have included a copy of the letter we sent to BNSF for your review. If you have any questions whatsoever,please do not hesitate to contact our office. Please be sure that Shelly Badger signs all the documents enclosed where indicated. Please return all original documents to our office as soon as possible, so we can submit them for recording by or before May 14t". We also need you to send us a check payable to the Thurston County Treasurer in the amount of$8,059.15 for the excise tax, interest and penalty amounts which are due with respect to the purchase deed. Our office will advance the recording and other processing fees associated with these documents and bill your office for these amounts on your next invoice. Thanks for your assistance in this matter. Very truly yours, Rebekah Grant Paralegal/Legal Assistant DIRECT LINE:(206)654-2423 EMAIL: grant@lasher.com cc: Ms. Shelly Badger w/o enc. {R:\C1ients\15336\S383134.D0C} i THgp� .,KeAank-Nauona,Assoc awn, 'P.O.soxa79 No ` 27948=ITY OFYELM , t9 s7it2so YELM;:WA.98597 1. (360) CL 458=3244 MS FUN �11 p ,1 }fat E T BHT THOUSAND EIGHTY. ONEDOL LPIRs is •lam C.Ef .S t ;� 4Y TQ THE ORDER OF DATE CHECK Nb: AMOUNT t i�_! 1'` Z i'a 0,81 ui-iurur�i i RSI s REQ, - hilt}t} L F)I�,fr:FtTL�GE DR ' W OL`j_I�I-'I#=l y, H' Af4�ti'_ CITY CLERK/TREASURER i - I. ,COUNTERSIGNED MAYOR ,_ 1100 2 794811' 1: L 2 5000 5 7411: 00 50600 7 L 711" DATE INVOICE ACCOUNT NUMBER NET INVOICE AMOUNT DESCRIPTION i 1(_iftiF RECORD BNSF tis 081 75 1 l { 1 : 1t t Ir OF YELM,Po 66x;479 *ELM;WA 986,97..'_ REMITTANCEADVICE LASHER ® HOLZAPFEL S P E R R Y & PLL C EBBERSON April 18, 2006 ATTORNEYS AT LAW 2600 TWO UNION SQUARE 601 UNION STREET SEATTLE WA 98101-4000 /TELEPHONE 206 624-1230/FAX 206 340-2563 WWW.LASHER.COM Sent by Fed Ex: Dalen E. Wintermute Manager, Land Revenue Management BNSF Railway Company 2500 Lou Menk Drive, AOB-3 Ft. Worth, Texas 76131-2828 RE: Deeds granted to City of Felin, Washington Dear Mr. Wintermute: Pursuant to our previous e-mail exchanges, enclosed please find the documents necessary for completing the transfer of BNSF property to the City of Yelm. You may recall the Real Estate Purchase and Sale Agreement between the parties dated October 30, 2000 conveyed certain real property located in Thurston and Pierce Counties, State of Washington by two Quit Claim Deeds. Please note the following with respect to each conveyance: Donation Quit Claim Deed: This deed donates real property to the City of Yelm for property located in both Thurston and Pierce Counties. I have enclosed a copy of the original signed Quit Claim Deed and retained the original in my file. Because the property is located in two counties, we need to have Real Estate Excise Tax Affidavits completed for each county. Each Affidavit consists of four pages, and each requires a signature by both parties. Because this conveyance was a gift, a Supplemental Statement is also required for each county. This document confirms there is no underlying debt on the property and no consideration was given for the conveyance. Again, this is a four page document, and we need two sets with signatures by both parties on each set. Purchase Quit Claim Deed: This deed conveys real property located in Yelm, Thurston County, to the City of Yelm. Once again, I have enclosed a copy of the original signed Quit Claim Deed for your reference, and retained the original in my file. The consideration for this property was $300,000. The county must collect the excise tax due on the sales price, along with accrued interest and penalties (because the deed was not recorded within 30 days of execution), but it is my understanding from the Purchase and Sale Agreement that the City of Yelm would be responsible for paying this fee. For this conveyance, we have just one Real Estate Excise Tax Affidavit which consists of four pages, each needing a signature from both parties. {R:\C1ients\15336\S381051.D0C} 1 LASHER HOLZAPFEL S P E R R Y & PLLC EBBERSON April 18, 2006 Page 2 We would appreciate your timely review and return of these documents. We need to have the City of Yelm sign these documents as well, and are hoping to file same by or before May 15, 2006. I have enclosed a return Fed Ex label for your convenience in returning these documents to me. I appreciate your assistance in completing this transaction, and please do not hesitate to contact me should you have any questions regarding this matter. Thank you. Very truly yours, Taro Kusunose DIRECT LINE:(206)654-2430 EMAIL: kusunose@lasher.com Enclosures cc: Shelly Badger, City of Yelm w/o enc. {R:\Clients\15336\S381051.D0 C} w. L Return Address: City of Yelm Shelly Badger P® Box 479 Yelm WA 98597 Document title(s) (or transactions contained therein): 1. Quitclaim Deed Reference Number(s) of Documents assigned or released: (on page of document(s)) Grantor(s) (Last name, first name, middle initial) 1. Burlington Northern and Santa Fe Railway Company 2. Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The real estate and improvements that constitutes that portion of that certain line of railroad designated in the records of the Burlington Northern an Santa Fe Railway company's (formerly Northern Pacific Railway Company) as the Lake View subdivision, connecting Roy to Yelm, Washington, over and across Sections 4, 9 and 16, all in Township 17 North, Range 2 E of the WM, Pierce County, Washington; and Sections 16, 17, 19 and 20, all in Township 17 North, Range 2 E, of the WM, Thurston County, Washington. Assesor's Property Tax Parcel/Account Number: N/A QUITCLAIM DEED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Grantor, hereby donates, conveys and quitclaims to Grantee, CITY OF YELM, a municipality in the State of Washington,without any covenants of warranty whatsoever and without recourse to Grantor, its successors or assignees, all of Grantor's rights,title and interest, if any, in real estate and improvements constituting Grantor's rail corridor between Milepost 20.99, in Roy, Washington, and the southwestern end of this rail line corridor at or near Milepost 25.26, in Yelm, Washington, which real estate and improvements are situated in Pierce and Thurston Counties, Washington, the boundaries of which are more particularly described in Attachment 1, attached hereto (hereinafter"Premises"). SUBJECT,however, to all existing interests in the Premises, including but not limited to all reservations, easements and other encumbrances, of record or otherwise. EXCEPTING AND RESERVING unto Grantor, its successors and assignees, a license for 99 years (or until any earlier date on which all rail service is abandoned on the rail line on the Premises), to operate over such portion of track on the Premises at or near Roy, Washington as is necessary or convenient to interchange rail traffic between Grantor and Grantee, or Grantee's successor or assignee. -1- THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: .�� Peter . Rickershauser Vice President-Network Development N��O =o• ° TF' ATTEST: R'S EA , a$y: ,y. r ..------- -- %�>�y , of � c�.� Assistant Secr-e N:Uaw.mkg\dww\contracts\yelm quitclaim deed -2- STATE OF TEXAS ) ) ss. COUNTY OF TARRANT ) On this fj,day of November,2000,before me,the undersigned,a Notary Public in and for the State of Texas,duly commissioned and sworn,personally appeared Peter I Rickershauser,Vice President, Network Development, and an Assistant Secretary, respectively, of The Burlington Northern and Santa Fe Railway Company,the corporation that executed the foregoing instrument, and acknowledged the execution thereof to be the free and voluntary act and deed of such officer and the voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the foregoing instrument and that the seal fixed.in the corporate seal of said corporation. Witness my hand and official seal affixed the day and year first above written. SHARON D ,t,)SSIER Notary Public p� Okft * * STATF,OF TWS W Coven.EV ��98/2001 My commission expires: /S 0 -3- a ATTACHEMENT 1 THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY) AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4, 9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS,_TO-WIT:._...._. _..._.._... . __ PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a AND THE SEI/a OF SAID SECTION 4, THE NEI/4NW1/4NE1/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/4NE1/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS, PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NI/z OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED -AND---CONST-RUC-TED -UPON; OVER-AND.ACROSS---GOVERNMENT LOTS 4 AND 9 AND THE SWI/4NEI/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NE1/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/4SE1/a AND THE SWI/a OF SAID SECTION 17, THE NWI/4NW1/a OF SAID SECTION 20, AND THE NEI/a AND THE SEI/4SE1/4NW1/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SE1/a OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH - LINE OF SAID SEI/4SE1/4NW1/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. DEPAIYI'iiL�)`1�? OF RR uV>E 1+7t)R: '"' """°°"$%" REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) ❑Check box if partial sale of Yoe If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm r4 P4 W Attn:Shelly Badger W z Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to`.❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name 19032023900 I—I Mailing Address ❑ City/State/Zip ❑ Phone No.(with area code) ❑ Street address of property: This property is located in Q unincorporated Pierce and Thurston County OR within❑city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: . YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ M Is this property classified as current use(open space,fami and WAC No. (Section/Subsection) 458-61A-201(5)(a) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ Q Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OFCUNTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the selleror transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE r 0.0025 Local $ (2)NOTICE OF COMPLIANCE(HISTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable.by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PEN TY OF PERJURY THAT THE FOREGOING IS TRUE ND CORRECT. Signature of Signature of r g c g ,. or . A- A4A e ti Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON. COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBEDAS FOLLOVYS.,.TO-vVIT.:._....._.. ..._._... ..........._..._._... ...._...... ..__._.. ..._. ._......: .............__._.... . ...... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEl/4NEl/a AND-THE SEl/a OF SAID SECTION 4, THE NEi/4NW!/4NEI/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BYTHE NORTH LINE OF SAID SEi/4NEI/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NI/z OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. Exhibit A(continued) THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF. NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND—CONSTRUCTED-UPON; OVER AND—ACROSS—GOVERNMENT ---. LOTS 4 AND 9 AND THE SWI/4NEI/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEi/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/4SE1/a AND THE SWI/a OF SAID SECTION 17, THE NWI/4NWl/4 OF SAID SECTION 20, AND THE NEI/a AND THE SEI/4SW/4NW1/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWl/4SE1/a OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH- LINE OF SAID SEI/4SE1/4NW1/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a,AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. D1rPARrlis�r�'Ir oF'REyIr' WASHINGTON STATE REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) Check box if partial sale of property If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City Of Yelm w Attn:Shelly Badger az Mailing Address 2500 Lou Menk Drive,AOB-3z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name 19032023900 n Mailing Address n City/State/Zip n Phone No.(with area code) . n Street address of property: This property is located in0 unincorporated Pierce and Thurston County OR within❑city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forestland per chapter 84.33 RCW? ❑ ❑✓ Is this property classified as current use(open space,farm and ❑ WAC No. (Section/Subsection) 458-61A-201(5)(a) agricultural;or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ Q Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land;you must sign on(3)below.The county assessor must then.determine Gross Selling Price $ if the land transferred cointinues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land 0 does ❑does riot qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 1 Local $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PErjALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.._ !J jn /1 n _ Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND .SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS.FOLLOWS.,.TQVIM. ........... ....... ..........._.__._... ....__._... .___..... ..._. ._...... .... ... ._._--.._ . ..... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a AND-THE SEI/a OF SAID SECTION 4, THE NEi/4NWI/4NE1/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9,BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEi/4NE1/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NV20F SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. Exhibit A(continued) THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0• FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF. NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED.-AND-CONSTR ICTED,UPON; OVER. LOTS 4 AND 9 AND THE SWI/4NEI/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWV4SE1/a AND THE SW/ OF SAID SECTION 17, THE NWV4NW1/a OF SAID SECTION 20, AND THE NEIA AND THE SELASOANWI/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SEI/a OF SECTION.17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH-LINE OF SAID SEl/aSE1/4NW1/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SW/4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWV4,AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. DEPARTMENT OF AVENUE was"'" °"sT" REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC When stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) ❑Check box if partial sale of roe If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm o . w Attn:Shelly Badger az Mailing Address 2500 Lou Menk Drive,AOB-3 [��l z Mailing Address P.O.Box 479 .City/State/Zip Forth Worth,TX 76131-2828 a� City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:Q Same as Buyer/Grantee List all real and petsonal property tax parcel account List assessed value(s) numbers–check box if personal property Name 19032023900 rl Mailing Address I—I City/State/Zip n Phone No.(with area code) n Street address of property: This property is located in❑✓ unincorporated Pierce and Thurston County OR within❑city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. I Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑✓ Is this property classified as current use(open space,farm and C] Q WAC No. (Section/Subsection) 458-61A-201(5)(a) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ ❑✓ per chapter 84.26 RCW? Gift of real property for no consideration. If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if the land transferred continues to qualify and will indicate by signing below. Ifthe land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ 0.00 your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of an Signature of 0i 'd 1) r Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20,.ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOVS,' 0-V1�IT,;_..._.. ..._... ._...._.._.__._... ....__._... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEl/aNE!/a AND-THE SEI/a OF SAID SECTION 4, THE NEi/4NW!/4NE1/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9,BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/4NE1/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH .AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, :AND THE NI/z OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. Exhibit A(continued) . THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF. NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED..-AND—CONSTRUCTED-UPON; OVER--AND ACROSS—GOVERNMENT LOTS 4 AND 9 AND THE SWi/4NE'/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWV4SEI/a AND THE SWI/a OF SAID SECTION 17, THE NWi/4NWI/a OF SAID SECTION 20, AND THE NEI/a AND THE SEl/aSEI/4NWl/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/aSEI/a OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH-LINE OF SAID SEI/aSEI/4NWI/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWIA,AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. OA�HIOG=03TATE F RBVFNt?E REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) [:]Cheek box if partial sale of property If multiple owners list percentage of ownership next to name. Name .Burlington Northern and Santa Fe Railway Company Name City of Yelm o Attn:Shelly Badger w az Maiiing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 City/State/Zip Yelm,WA 98597 Phone No.(including area code)- Phone No.(including area code) Send all property tax correspondence to:❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name 19032023900 n Mailing Address City/State/Zip ❑ Phone No.(with area code) ❑ Street address of property: This property is located in 0 unincorporated Pierce and Thurston County OR within❑city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forestland per chapter 84.33 RCW? ❑ ❑� 458-61A-201(5)(a) Is this property classified ascurrentuse(open space,farm and ❑ Q WAC No. (Section/Subsection) agricultural,ortiinber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ ❑✓ Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND ORCURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2)NO TICEOFCOMPLIANCE(HISTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM-OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER P ALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of in-n f- 9 Signature of (?J B4 X - I - , Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROADDESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56), WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 16, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBEDAS_FOLLOWS.,.TO-WIT;._.._.. ..._...._..._.._..__... ....__._.....___..... ..._. ._...... . . .... .__...._ . ...... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEIANEIA AND-THE SEIK OF SAID SECTION 4, THE NEi/4NWI/4NEI/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO, 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/4NEI/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED •IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NY20F SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO, 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. Exhibit A(continued) TEIURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID.-RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF. NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN 'TRACK CENTERLINE, AS ORIGINALLY LOCATED..-AND--CONSTRUCTED•UPON; OVER-AND--ACROS-S.--GOVERNMENT- LOTS 4 AND 9 AND THE SWI/4NEI/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWIASEIA AND THE SWI40F SAID SECTION 17, THE NWI/4NWI/a OF SAID SECTION 20, AND THE NEI/a AND THE SEI/aSEI/4NWI/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWl/aSEI/a OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH-LINE OF SAID SEI/aSEI/4NWI/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWIA,AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. 'T TDS ARTI IENT C}k'RE'U`.�NC '""g"`"°°"` `" REAL ESTATE EXCISE TAX AFFIDAVIT This form is-your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) ❑Check box if partial sale of property If multiple owners list percentage of ownership next to name. Name..Burlington Northern and Santa Fe Railway Company Name City of Yelm o Attn:Shelly Badger w az Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name 19032023900 ❑ Mailing Address ❑ City/State/Zip ❑ Phone No.(with area code) ❑ Street address of property: This property is located in❑✓ unincorporated Pierce and Thurston County OR within E]city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. j Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption,list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑✓ 458-61 A-201(5)(a) Is this property classified as current use(open space,farm and ❑ WAC No. (Section/Subsection) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ ❑✓ Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE r 0.0025 Local $ (2)NOTICEOFCOMPLIANCE(HISTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. *Affidavit Processing Fee $ (3) OWNER(S)SIGNATURE Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CER/TIIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Rianatii•e of l 1 n " II�-f-.� RiannfiP / irof t i -4 (f/ A Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM(NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 1.6,ALL IN TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS . .._.._.._._... ....__..._. ..__.. ..._. ._..... . ..........__._.... . ..... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEI/4NEI/a AND-THE SEI/a OF SAID SECTION 4, THE NEIANWIANEIA OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9,BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/4NE1/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY. LOCATED AND CONSTRUCTED UPON, OVER AND .ACROSS GOVERNMENT LATS 1 AND 2 OF SAID SECTION 9, AND THE NIh OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER,ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. Exhibit A(continued) THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF. SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN 'TRACK CENTERLINE, AS ORIGINALLY L-OCATED-AND--CONSTRUCTED-UPON; OVER�1ND-ACROSS.-GOVERNMENT LOTS 4 AND 9 AND THE SWC/4NEI/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE NWI/aSEI/a AND THE SWI/a OF SAID SECTION 17, THE NWI/4NWI/a OF SAID SECTION 20, AND THE NEI/a AND THE SEI/aSEI/4NW/ OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/aSEI/a OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH- LINE OF SAID SEIMEIANWIA OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWV4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a,AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. f FREVENUE... e:, "GT°"ST"T REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) El Check box if partial sale of property I If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm . Attn:Shelly Badger �O W a z Mailing Address 2500 Lou Menk Drive,AOB-3 [��1[w Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 pa City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name 19032023900 I—I Mailing Address n City/State/Zip n Phone No.(with area code) n / ® Street address of property: This property is located in❑✓ unincorporated Pierce and Thurston County OR within E]city of ❑Check box if any of the I isted parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: . YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑✓ Is this property classified as current use(open space,farm and ❑ 0 WAC No. (Section/Subsection) 458 61A 201(5)(a) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ 0 Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as inshucted below. (1)NOTICE OFCONTINUANCE (FOREST LAND OR CURRENTUSE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if the land transferred continues to qualify and will,indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land 0 does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE r 0.0025 1 Local $ (2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new ownei•(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of If )J l r• Signature of d A /,7 Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND ,SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 16,ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS.FOLLO WS,TO-WT'I'-__.._.. ....._..._...._.._..__._... ...._._....._... ..... ....... ............._._.... . ..... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEIANEI/a AND-THE SEl/a OF SAID SECTION 4, THE NEI/4NWl/4NEI/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9,BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEI/4NEV, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NIh OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. Exhibit A(continued) THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND-CONSTRUCTED-UPON; OVER-AND ACROSS-GOVERNMENT -- LOTS 4 AND 9 AND THE SVP/4NEI/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSSTHE NWI/aSEI/a AND THE SWI/a OF SAID SECTION 17, THE NWI/4NWI/a OF SAID SECTION 20, AND THE NEI/a AND THE SEI/aSEI/4NW/ OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SEV OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH-LINE OF SAID SEI/aSEI/4NWI/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a,AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. DEPACiThSEN7C' OF Rr VENU "I�HINGrorrsrn7E. REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) ❑Check box if partial sale of property If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm o ua Attn:Shelly Badger aE" Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 City/State/Zip Yelm;WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name 19032023900 rl Mailing Address n City/State/Zip n Phone No.'(with area code) n Street address of property: This property is located in❑✓ unincorporated Pierce and Thurston County OR within❑city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. I j Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ M Is this property classified as current use(open space,farm and 0 ❑✓ WAC No.(Section/Subsection) 458-61A-201(5)(a) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ ❑✓ Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND ORCURRENTUSE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2)NOTICE OF CONIPLIANCE(IIISTORIC PROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PEN TY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Sianature of d 1 I I Sienature of r, Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 16,ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FQLLOWS,TO-WI'I' ......._.. ....._..._...___..___... ............ ..__.. ..._ _..... . ..... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEIANEI/a AND-THE SEl/a OF SAID SECTION 4, THE NEl/4NWI/4NEI/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEV4NEi/a, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED •IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF.DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NY2 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. Exhibit A(continued) THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY L-OCAT.ED-AND-..CONSTRUCTED-UPON, OVER AND ACROSS-.GOVERNMENT,. -- LOTS 4 AND 9 AND THE SWI/4NEI/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NE1/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSSTHE NWI/4SEV4 AND THE SWI/a OF SAID SECTION 17, THE NWV4NW1/a OF SAID SECTION 20, AND THE NEI/a AND THE SEV4SE1/4NW1/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SEV4 OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH- LINE OF SAID SEI/4SE1/4NW1/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/4 OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a, AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. jpE AP3ChW4t `r t3F nN WASHINGTON '"' DEAL,ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) ❑Check box if partial sale.of property If multi le owners list percentage of own, ship next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm Attn:Shelly Badger O az Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 � City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all roe tax correspondence to: ✓ y List all real and personal property tax parcel account () property rty p Same as Bu er/Grantee numbers—check box if personal property List assessed value(s) Name 19032023900 rl Mailing Address ❑ City/State/Zip ❑ Phone No.(with area code) ❑ Street address of property: This property is located in❑✓ unincorporated Pierce and Thurston County OR within❑city of ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑✓ 458-61A-201(5)(a) Is this property classified as current use(open space,farm and ❑ ❑✓ WAC No. (Section/Subsection) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ ❑✓ Gift of real property for no consideration. per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND ORCURRENTUSE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/10/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ if the land transferred continues to qualify and will indicate by signing below. Ifthe land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 0.00 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does Q does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE r .0025 1 Local $ (2)NOTICE OF COMPLIANCE(HISTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ Total Due $ 10.00 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PEN TY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of h it l r i Signature of Cn r,h .9, __J Exhibit A THE REAL ESTATE AND IMPROVEMENTS THAT CONSTITUTES THAT PORTION OF THAT CERTAIN LINE OF RAILROAD DESIGNATED IN THE RECORDS OF THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S (FORMERLY NORTHERN PACIFIC RAILWAY COMPANY)AS THE LAKE VIEW SUBDIVISION, CONNECTING ROY (NEAR MILE POST 20.99) TO YELM (NEAR MILE POST 25.56),WASHINGTON, THE REAL ESTATE VARYING IN WIDTH ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS SECTIONS 4,9 AND 16,ALL IN TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, AND SECTIONS 16, 17, 19 AND 20, ALL IN TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., THURSTON COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED..AS.FOLLOWS,TO-WIT:_...._. ................._..._._... ....__._.... ..__.. ..._. .._... . ..........__._... . ..... PIERCE COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SEl/4NEI/a AND-THE SEI/a OF SAID SECTION 4, THE NEl/4NWI/4NEI/a OF SAID SECTION 9, AND THE WESTERLY THREE-FOURTHS OF THE ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, BOUNDED ON THE NORTH BY THE NORTH LINE OF SAID SEIANEIA, AND BOUNDED ON THE SOUTH BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39;ALSO, AN ADDITIONAL STRIP 30 FEET IN WIDTH ON EACH SIDE OF, PARALLEL WITH AND ADJACENT TO THE SOUTHERLY 1400 FEET OF THE HEREINABOVE DESCRIBED.100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING THE SAME PROPERTY DESCRIBED -IN WARRANTY DEED FROM HENRY MURRAY, ET UX TO THE NORTHERN PACIFIC RAILWAY COMPANY FILED FOR RECORD SEPTEMBER 6, 1902 IN BOOK 186 OF DEEDS,PAGE 571 IN AND FOR SAID COUNTY;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOTS 1 AND 2 OF SAID SECTION 9, AND THE NI/2 OF SAID SECTION 16, BOUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY BOUNDARY OF SAID ISAAC BASTIAN DONATION LAND CLAIM NO. 39, IN SAID SECTION 9, AND BOUNDED ON THE SOUTHWEST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE SOUTHERLY BOUNDARY OF PIERCE COUNTY. Exhibit A(continued) THURSTON COUNTY ALL THAT PORTION OF SAID RAILWAY COMPANY'S 400.0. FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 200.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED AND CONSTRUCTED UPON, OVER AND ACROSS GOVERNMENT LOT 1 OF SAID SECTION 16,BOUNDED ON THE NORTHEAST BY THE CENTER OF NISQUALLY RIVER, ALSO BEING THE NORTHERLY BOUNDARY OF THURSTON. COUNTY, AND BOUNDED ON THE SOUTHWEST BY THE WEST LINE OF SAID SECTION 16;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 200.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 100.0 FEET WIDE ON EACH SIDE OF SAID RAILWAY COMPANY'S MAIN TRACK CENTERLINE, AS ORIGINALLY LOCATED-AND-•CONSTRUCTED-UPON;.OVER AND.-ACROSS.-.GOVERNMENT -- LOTS 4 AND 9 AND THE SWl/4NEI/a OF SAID SECTION 17, BOUNDED ON THE NORTHEAST BY THE EAST LINE OF SAID SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH LINE OF SAID SWI/4NEI/a;ALSO, ALL THAT PORTION OF SAID RAILWAY COMPANY'S 100.0 FOOT WIDE BRANCH LINE RIGHT OF WAY, BEING 50.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSSTHE NWI/4SF AND THE SWI/a OF SAID SECTION 17, THE NWV4NWy4 OF SAID SECTION 20, AND THE NEI/a AND THE SEI/4SFJ/4NWI/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID NWI/4SEV4 OF SECTION 17, AND BOUNDED ON THE SOUTHWEST BY THE SOUTH• LINE OF SAID SEI/4SEI/4NW1/a OF SAID SECTION 19;ALSO, A 30.0 FOOT WIDE CORRIDOR, BEING 15.0 FEET WIDE ON EACH SIDE OF SAID MAIN TRACK CENTERLINE UPON, OVER AND ACROSS THE SWI/a OF SAID SECTION 19, BOUNDED ON THE NORTHEAST BY THE NORTH LINE OF SAID SWI/a,AND BOUNDED ON THE SOUTHWEST BY THE SOUTHWESTERLY BOUNDARY OF THE PLATTED PORTION OF YELM, WASHINGTON, SAID SOUTHWESTERLY BOUNDARY ALSO BEING THE NORTHEASTERLY BOUNDARY OF THAT PORTION OF SAID RAILWAY COMPANY'S YELM TO TENINO, WASHINGTON BRANCH LINE RIGHT OF WAY CONVEYED TO THURSTON COUNTY, WASHINGTON BY QUITCLAIM DEED DATED AUGUST 14, 1996. State of Washington REAL ESTATE EXCISE TAX Depacllane us Tax Section SUPPLEMENTAL STATEMENT Mit iscellaneous Tax Section PO Box 47477 Olympia WA 98504-7477 (WAC 458-61A-304) This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 0001 A)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(IC)). The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property.at the time of sale."Consideration" includes the assumption of an umderlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid i grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information regar r g r ord-keepina uirements and evasion penalties. n - l (BNSFI Signature G(r�1ty Si t�Ce1.m ) 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) l I,(print name) ,certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(17TY)users may call 1-800451-7985. REV 84 0002e(a)(17/28/05) COUNTY TREASURER State of Washington REAL ESTATE EXCISE TAX Departmeeons Revenue SUPPLEMENTAL STATEMENT Miscbllaneount f Tax Section PO no x 47477 Olympia WA 98504-7477 (WAC 458-61A-304) This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 000 IA)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards,equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information re ga 'ng record-keepi requirements and evasion penalties. C Grantor's Signature S6 antee's Sign re (BNSF) (clVity of Ye1m) 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) 1,(print name) ,certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTI)users may call 1-800451-7985. REV 84 0002e(a)(12/28/05) COUNTY ASSESSOR State ofWashington REAL ESTATE EXCISE TAX Departrnent Rcv wo Taxenue ion SUPPLEMENTAL STATEMENT Miscellaneous Tax Sect PO Box 47477 Olympia WA 98504-7477 (WAC 458-61A-304) This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 0001 A)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.Q There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments oil total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑ YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information re 'ng record-kceepin equireinents and evasion penalties. , C Grantor's Signature Grantee's Snature (BNSF) (City 9.f Yelm),. 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) I,(print name) certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTY)users may call 1-800451-7985. REV 84 0002c(a)(12/28/05) DEPT OF REVENUE Stateof Washington REAL ESTATE EXCISE TAX Department o Revenue ous Tax Section SUPPLEMENTAL STATEMENT Miscellan PO Box 47477 Olympia WA 98504-7477 (WAC 458-61A-304) This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 0001A)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract.indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑ YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information reg a g r ord-keepin quirements and evasion penalties. Grantor's Signature Gran ee's Situ re (BNSF) (City f Yelm) 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) 1,(print name) ,certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTY)users may call_1-800451-7985. REV 94 0002c(a)(12/26/05) TAXPAYER T%,,ueo1.W hius RREAL ESTATE EXCISE TAX amnrnoevenue cellaneous Tax Section SUPPLEMENTAL STATEMENT Box 47477 ympia WA 98504-7477 (WAC 458-61A-304) _ This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 000 IA)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information rega g r or 1-keeping t3quirements and evasion penalties. Grantor's Signature Grantee's ature (BNSF) (City of e1n) 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) I,(print name) ,certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTY)users may call 1-800-451-7985. Rev 84 0002e(a)(12/28105) COUNTY TREASURER �7&aleo.IWashington REAL ESTATE EXCISE TAX RevnueSUPPLEMENTAL STATEMENT ous Tax Section477 ypWA 98504-7477 (WAC 458-61A-304) This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 0001A)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(IC)). The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The tern includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information reg ar g record-keepin a uirements and evasion penalties. Grantor's Signature ( jranttee'soS 211 BLVT1 S y ) 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) I,(print name) ,certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTY)users may call 1-800-451-7985. REV 84 0002e(a)(12128105) COUNTY ASSESSOR State of Washington REAL ESTATE EXCISE TAX Departncnt o f Revenue Miscellaneous Tax Section SUPPLEMENTAL STATEMENT PO Box 47477 Olympia WA 98504-7477 (WAC 458-61A-304) This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 0001A)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Infomiation you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00);or by both imprisonment and fine(RCW 9A.20.020(IC)). The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $. and has received from the grantee(buyer)S (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑ YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowl ges this transaction may be subject to audit and have read the above information reg ng ecord-keeping tpquirements and evasion penalties. � A,- Grantor's Signature G tee's Sign re (BNSF) (Cit of Yd ) 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) I,(print name) ,certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTY)users may call 1-800451-7985. REV 84 0002e(a)(12/28/05) DEPT OF REVENUE F as}iington REAL ESTATE EXCISE TAX tof RevenueSUPPLEMENTAL STATEMENT ous Tax Section477 ypWA 98504-7477 (WAC 458-61A-304) This form must be submitted with the Real Estate Excise Tax Affidavit(FORM REV 84 0001 A)for claims of tax exemption as provided below.Completion of this form is required for the types of real property transfers listed in numbers 1-3 below.Only the first page of this form needs original signatures. AUDIT: Information you provide on this form is subject to audit by the Department of Revenue. In the event of an audit,it is the taxpayers' responsibility to provide documentations to support the selling price or any exemption claimed. This documentation must be maintained for a minimum of four years from date of sale.(RCW 82.45.100)Failure to provide supporting documentation when requested may result in the assessment of tax,penalties,and interest. Any filing that is determined to be fraudulent will carry a 50%evasion penalty in addition to any other accrued penalties or interest when the tax is assessed. PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years,or by a fine in an amount fixed by the court of not more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(1C)). The persons signing below do hereby declare under penalty of perjury that the following is true(check appropriate statement): 1.❑ DATE OF SALE:(WAC 458-61A-306(2)) I,(print name) certify that the (type of instrument),dated was delivered to me in escrow by (seller's name).NOTE:Attorney,escrow agent,title company agent,or title insurance company agent named here must sign below and indicate name of firm.The payment of the tax is considered current if it is not more than 90 days beyond the date shown on the instrument.If it is past 90 days,interest and penalties apply to the date of the instrument. 2. GIFTS:(WAC 458-61A-201)The gift of equity is non-taxable;however,any consideration received is not a gift and is taxable.One of the boxes below must be checked. Both Grantor(seller)and Grantee(buyer)must sign below. NOTE:Examples of different transfer types are provided on the back.This is to assist you with correctly completing this form and paying your tax. "Consideration"means money or anything of value,either tangible(boats,motor homes,etc)or intangible,paid or delivered,or contracted to be paid or delivered,including performance of services,in return for the transfer of real property.The term includes the amount of any lien,mortgage,contract indebtedness,or other encumbrance,given to secure the purchase price,or any part thereof,or remaining unpaid on the property at the time of sale."Consideration" includes the assumption of an underlying debt on the property by the buyer at the time of transfer. A: Gifts with consideration 1.❑ Grantor(seller)has made and will continue to make all payments after this transfer on the total debt of $ and has received from the grantee(buyer)$ (include in this figure the value of any items received in exchange for property)towards the equity. Any payment towards equity is taxable. 2.❑ Grantee(buyer)will make payments on total debt of$ for which grantor(seller)is liable and pay grantor(seller)$ (include in this figure the value of any items received in exchange for property)towards the equity.Total of debt relief and equity payment are taxable. B: Gifts without consideration 1.© There is no debt on the property;Grantor(seller)has not received any consideration towards equity. No tax is due. 2.❑ Grantor(seller)has made and will continue to make 100%of payments on total debt of and has not received any consideration towards equity.No tax is due. 3.❑ Grantee(buyer)has made and will continue to make 100%of payments on existing debt and has not paid grantor(seller)any consideration towards equity.No tax is due. 4.❑ Grantor(seller)and grantee(buyer)have made and will continue to make payments from joint account on existing debt before and after the transfer.Grantee(buyer)has not paid grantor(seller)any consideration towards equity.No tax is due. Has there been or will there be a refinance of the debt? ❑ YES ❑NO If grantor(seller)was on title as co-signor only,please see WAC 458-61A-215 for exemption requirements. The undersigned acknowledges this transaction may be subject to audit and have read the above information re ga 'ng record-keeping#quirements and evasion penalties. Gam.. Grantor's Signature - _/73rantee's Si ature (BNSF) (City of Yelm)' 3.❑ IRS"TAX DEFERRED"EXCHANGE(WAC 458-61A-213) I,(print name) ,certify that I am acting as an Exchange Facilitator in transferring real property to pursuant to IRC Section 1031,and in accordance with WAC 458-61A-213. NOTE:Exchange Facilitator must sign below. Exchange Facilitator's Signature For tax assistance visit http://dor.wa.gov or call(360)570-3265.To inquire about the availability of this document in an alternate format for the visually impaired, please call(360)705-6715.Teletype(TTY)users may call 1-800451-7985. REV 84 0002e(a)(12/26/05) TAXPAYER Return Address City of Yelm Shelly Badger PO Box 479 Yelm,WA 98597 Document title(s) (or transactions contained therein): 1. Quitclaim Deed Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Burlington Northern and Santa Fe Railway Company 2. Grantee(s) (Last name, first name, middle initial) 1, City of Yelm Legal Description (abbreviated: i.e. lot,block, plat or section,township, range) All that portion of The Burlington Northern and Santa Fe Railway Company's 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, over and across the SW 1/a of Section 19, Township 17N, Range 2 E of the WM, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: N/A QUITCLAIM DEED THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, a Delaware corporation, Grantor, of 2500 Lou Menk Drive, Fort Worth, Texas 76131-2830, hereinafter called "Grantor", for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid, conveys and quitclaims, without any covenants of warranty whatsoever and without recourse to the Grantor, its successors and assigns, to CITY OF YELM, a municipality in the State of Washington, hereinafter called "Grantee",all of its right, title and interest, if any, in real estate, subject however to all existing interests, including but not limited to all reservations, rights-of-way and easements, of record or otherwise, situated in Thurston County, State of Washington, hereinafter called "Property', together with all after acquired title of Grantor therein, described as follows: All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway.Company) 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as originally located and constructed upon, over and across the SW 1/4 of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW 1/4, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino, Washington branch line right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor, being 15.0 feet wide on each side of said Main Track centerline upon, over and across the SW 1/4 of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations, rights-of-way and easements of record or otherwise. GRANTEE has/have been allowed to make an inspection of the Property and has knowledge as to the past use of the Property. Based upon this inspection and knowledge, GRANTEE is/are aware of the condition of the Property and GRANTEE ACKNOWLEDGES THAT GRANTEE IS/ARE PURCHASING THE PROPERTY IN AN "AS-IS WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS AND THAT GRANTEE IS/ARE NOT RELYING ON ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO ANY MATTERS CONCERNING THE PROPERTY, including the physical condition of the Property and any defects thereof, the presence of any hazardous substances, wastes or contaminants in, on or under the Property, the condition or existence of any of the above ground or underground structures or improvements in, on or under the Property, the 1 condition of title to the Property, and the leases, easements or other agreements affecting the Property. GRANTEE is/are aware of the risk that hazardous substances and contaminants may be present on the Property, and indemnifies, holds harmless and hereby waives, releases and discharges forever Grantor from any and all present or future claims or demands, and any and all damages, loss, injury, liability, claims or costs, including fines, penalties and judgments, and attorney's fees, arising from or in any way related to the condition of the Property or alleged presence, use, storage, generation, manufacture, transport, release, leak, spill, disposal or other handling of any hazardous substances or contaminants in, on or under the Property. Losses shall include without limitation (a) the cost of any investigation, removal, remedial or other response action that is required by any Environmental Law,that is required by judicial order or by order of or agreement with any governmental authority, or that is necessary or otherwise is reasonable under the circumstances, (b) capital expenditures necessary to cause_ the Grantor's remaining Property or the operations or business of the Grantor on its remaining Property to be in compliance with the requirements of any Environmental Law, (c) Losses for injury or death of any person, and (d) Losses arising under any Environmental Law enacted after transfer. The rights of Grantor under this section shall be in addition to and not in lieu of any other rights or remedies to which it may be entitled under this document or otherwise. This indemnity specifically includes the obligation of GRANTEE to remove, close, remediate, reimburse or take other actions requested or required by any governmental agency concerning any hazardous. substances or contaminants on the Property. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order,judgment, decree, injunction or common law pertaining in any way to the protection of human health or the environment, including without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act,the Toxic Substances Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions. TO HAVE AND TO HOLD the Property unto the said Grantee, its successors and assigns, forever. 2 IN WITNESS WHEREOF, the said Grantor caused this instrument to be signed by its authorized representative, attested by its Assistant Secretary, and its corporate seal to be affixed hereto on the 14th day of November, 2000. THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY By: 15. P. Schneider Director Real Estate AND.``1111111111i 60 _: F'••.� ATTEST. By: Patricia Zbichors �•,,��9'-Hl 1VC -`Qi Assistant Secretary � nnnnml�a�` STATE OF TEXAS ss. COUNTY OF TARRANT On this Z_�Idj day of - 2000 before me, the undersigned, a Notary Public in and for the State of Texas, duly commissioned and sworn, personally appeared D. P. Schneider and Margaret R. Aclin, to me known to be the General Director Real Estate and Assistant Secretary, respectively, of The Burlington Northern and Santa Fe Railway Company, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. NADINE M GRANDI Notary Public in and for the State of Texas Notary Public t t STATE OF TEXAS Residing at: Fort Worth, Texas �� My Caw.Exp.06/05/2004 My appointment expires: lP�(�S��c?00 3 11gPA LNT OF REVEI+1(7P WASHINGTON STATE REAL ESTATE EXCISE TAX AFFII.)AVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW-CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) El Check box if partial sale of roe If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm 94Attn:Shelly Badger w w 2500 Lou Menk Drive,AOB-3 H P.O.Box 479 .a Mailing Address z Mailing Address City/State/Zip Forth Worth,TX 76131-2828 City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to: Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers-check box if personal property 7Name 22719311100 n Mailing Address ❑ City/State/Zip ❑ Phone No.(with area code) ❑ Street address of property: This property is located in❑unincorporated Thurston County OR within❑✓ city of Yelm ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑✓ Is this property classified as current use(open space,farm and ❑ WAC No. (Section/Subsection) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ Q per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed .NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/14/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ 300,000-00 if the land transferred continues to qual fiy and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property (deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land E]does El does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2)NOTICEOFCOMPLIANCE"STORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ _. 5.00 Total Due $ £3;.0$4.13 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PEfALTY OF PERJURY THAT THE FOREGOING IS TRUEAND CORRECT. Signature of Signature of D - I I� D 0/l >fl—119A A tiJ EXHIBIT A All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as originally located and constructed upon, over and across the SW `/4 of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW '/, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino,Washington branch line right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor, being 15.0 feet wide on each side of said Main Track centerline upon, over and across the SW `/o of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations,rights=of-way and easements of record or otherwise. DEV liT&M.NT OF REVENUE' '"' "'"r "ST" REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) Check box if partial sale of roe If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm r, Attn:Shelly Badger w w z Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address P.O.Box 479 50 City/State/Zip Forth Worth,TX 76131-2828 M City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property IName 22719311100ailing Address rl City/State/Zip n Phone No.(With area code) n Street address of property: This property is located in❑unincorporated Thurston County OR within❑✓ city of Yelm ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? F. ❑✓ Is this property classified as current use(open space,farm and ❑ WAC No. (Section/Subsection) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property • ❑ Q per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (I)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/14/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ 300,000.00 if the land transferred continues to qualify and will indicate.by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land 0 does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2)NOTICE OF COMPLIANCE(HISTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. *Affidavit Processing Fee $ 5.00 (3) OWNER(S)SIGNATURE Total Due $ 8,064.15 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PE TY OF PERNRY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Signature of Grantor or Grantor's Agent La,�• Grantee or Grantee's Age EXHIBIT A All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as originally located and constructed upon, over and across the SW '/4 of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW '/4, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino,Washington branch Iine right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor, being 15.0 feet wide on each side of said Main Track centerline upon, over and across the SW `/4 of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations,rights-of-way and easements of record or otherwise. DErfitz�nitrr�T OF REV]ENTJ)r WASHINOTONSTATE REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) Check box if partial sale of roe If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm w Attn:Shelly Badger z Mailing Address 2500 Lou Menk Drive,AOB-3 z Mailing Address F•O.Box 479 City/State/Zip Forth Worth,TX 76131-2828 City/State/Zip Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers—check box if personal property Name 22719311100 ❑ Mailing Address ❑ City/State/Zip ❑ Phone No.(with area code) ❑ Street address of property: This property is located in❑unincorporated Thurston County OR within 0 city of Yelm ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description aitached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: YES NO If claiming an exemption, list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ❑✓ Is this property classified as current use(open space,faand ❑ 0 WAC No. (Section/Subsection) farm agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICEOFCONTINUANCE(FOREST LAND ORCURRENT USE) Type of Document Quit Claim Deed :NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/14/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ 300,000.00 if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW - 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land ❑does ❑does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 Local $ (2)NOTICE OF CONIPLIANCE(MSTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ 5.00 Total Due $ 8,064.15 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CER FY UNDER PENA�TY OF PERJURY THAT THE FOREGOING IS TRUE AND/C/ORRECT. ) Signature of^ I�& � �U.� \ Signature of • . _ //a, EXHIBIT A All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as originally located and constructed upon, over and across the SW '/4 of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW '/4, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino,Washington branch Iine right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor, being 15.0 feet wide on each side of said Main Track centerline upon, over and across the SW `/4 of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations,rights-of-way and easements of record or otherwise. t DEP,-tnliSiT OF REVENUE WASHINGTON STATE REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW—CHAPTER 458-61 WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back page for instructions) El Check box if partial sale of roe If multiple owners list percentage of ownership next to name. Name Burlington Northern and Santa Fe Railway Company Name City of Yelm Attn:Shelly Badger w w 2500 Lou Menk Drive,AOB-3 H P.O.Box 479 a z Mailing Address z Mailing Address Cl) City/State/Zip Forth Worth,TX 76131-2828 city/State/Zip'Yelm,WA 98597 Phone No.(including area code) Phone No.(including area code) Send all property tax correspondence to:❑/ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s) numbers-check box if personal property Name 22719311100 n Mailing Address n City/State/Zip E-1 Phone No.(with area code) Street address of property: This property is located in El unincorporated Thurston County OR within❑✓ city of Yelm ❑Check box if any of the listed parcels are being segregated from a larger parcel. Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit) See legal description attached hereto and incorporated herein by this reference. Enter Abstract Use Categories: 10 List all personal property(tangible and intangible)included in selling (Please see list on the back page of this form) price. If exempt from property tax per chapter 84.36 RCW(nonprofit organization),include: Seller's Exempt Reg.No.: i YES NO If claiming an exemption,list WAC number and reason for exemption: Is this property designated as forest land per chapter 84.33 RCW? ❑ ✓❑ Is this property classified as current use(open space,farm and ❑ Q WAC No. (Section/Subsection) agricultural,or timber)land per chapter 84.34? Reason for exemption Is this property receiving special valuation as historical property ❑ ❑✓ per chapter 84.26 RCW? If any answers are yes,complete as instructed below. (1)NOTICE OF CONTINUANCE(FOREST LAND OR CURRENT USE) Type of Document Quit Claim Deed NEW OWNER(S):To continue the current designation as forest land or Date of Document 11/14/00 classification as current use(open space,farm and agriculture,or timber) land,you must sign on(3)below.The county assessor must then determine Gross Selling Price $ 300,000.00 if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation *Personal Property(deduct) $ or classification,it will be removed and the compensating or additional taxes Exemption Claimed(deduct) $ will be due and payable by the seller or transferor at the time of sale.(RCW 84.33.140 or RCW 84.34.108).Prior to signing(3)below,you may contact Taxable Selling Price $ your local county assessor for more information. Excise Tax: State $ 0.00 This land E]does El does not qualify for continuance. Yelm Local $ 0.00 *Delinquent Interest: State $ DEPUTY ASSESSOR DATE 0.0025 1 Local $ (2) NOTICE OF CONIPLIANCE(HISTORICPROPERTY) *Delinquent Penalty $ NEW OWNER(S):To continue special valuation as historic property, *County Technology Fee $ sign(3)below.If the new owner(s)do not wish to continue,all additional tax calculated pursuant to chapter 84.26 RCW,shall be due *State Technology Fee $ and payable by the seller or transferor at the time of sale. (3) OWNER(S)SIGNATURE *Affidavit Processing Fee $ 5.00 Total Due $ 8,064.15 A MINIMUM OF$10.00 IS DUE IN FEE(S)AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PE TY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Si nature of c Signature of �-g . r_,.........5� A .o « I C• r_g�.,*oo EXHIBIT A All that portion of The Burlington Northern and Santa Fe Railway Company's (formerly Northern Pacific Railway Company) 100.0 foot wide Roy to Yelm, Washington Branch Line right of way, now discontinued, being 50.0 feet wide on each side of said Railway Company's Main Track centerline, as originally located and constructed upon, over and across the SW '/ of Section 19, Township 17 North, Range 2 East of the Willamette Meridian, Thurston County, Washington, bounded on the Northeast by the North line of said SW '/, and bounded on the Southwest by the Southwesterly boundary of the platted portion of Yelm, Washington, said Southwesterly boundary also being the Northeasterly boundary of that portion of said Railway Company's Yelm to Tenino,Washington branch line right of way conveyed to Thurston County, Washington by quitclaim deed dated August 14, 1996, excepting therefrom, a 30.0 foot wide corridor, being 15.0 feet wide on each side of said Main Track centerline upon, over and across the SW %4 of said Section 19. SUBJECT, however, to all existing interests, including but not limited to all reservations,rights-of-way and easements of record or otherwise.