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FANCHER N 221 PROPANE TANKS ~ _.J,.. . . ~ • ~ SPOKANE COUNTY DEPAUMENT OF BUILDING AND SAFETY NORTH 811 JEFFERSON ~ SPOKANE, WASHINGTON 99260 1 (509) 456-3675 I certify that I have examined this permit and state that the information contained in it and submitted by me or my agent to compilo said permit is true and correct In addition, I have read and understand the INSPECTION REOUIREMENTS/NOTICE provisions included herein and agree to co,nply with same. All provisions of laws and ordinances governing this type of vrork will be complied with whether specified herein or not. I understand that the issuance of this permit and any subse uent inspeclion approvals or Certificates of Occupancy shall not be construed to give authority to violate or cancel the provisions of any state or local law regulating const tion, or as a warranty of coniormance with the provisions of any state or local laws regulating construction. 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Air Pollution Control Authority County Engineers Environmental Health County Planning Department County Utilities FROM: Department of Building and Safety DATE: 3-29-88 `I'he attached permit application/plan has been submitted to our offices. Project # 88000633 - 2@ 30,000 GALLQNS PROPANE TANKS Parcel ~ 14534-9054 Address NORTH 221 FANCHER ROAD A pre-construction conference regarding this project has been scheduled for 4-4-88 at 10:30 a.m. in the Building and Safety conference room. cc: Dennis Scott, P.E. NORTH 811 JEFFERSON • SPOKANE, 41'ASHINGTON 9926000050 TEI.E?PHOn'E (509) 456•5675 ~ ✓ Spokane County ~ -.v.: . , =r . Department of Building & Safery rF JAMES L. MANSON, DIRECTOR TO -Mr. John Anicetti, Health District Ken Jeffrey, Building and Safety Bob 1KcCann, Eng ineer' s O f f ice John Pederson, Planning Department ~ FRO ,'Tom Davis, Code Compliance Coordinator z Department of Building and Safety DATE: April 4, 1988 RE . April 4, 1988 - Pre-Construction Conference North 221 Fancher - Propane Tanks Enclosed is your copy of the minutes to the referenced meeting. Should you have any questions or need additional information, please feel free to contact me. TLD : mak cc: Mr. Bob Clayton Mr. Gary Huskinson Mr. Jim Legat, Utilities Department Sp ~L'~'~A,N~ COUNTY ENC►n~~r,~ NORTH 811 JEFFERSON • SPOKANE, WASHINGTON 99260•0050 • TELEPHONE (509) 456-3675 , MINUTES PRE-CONSTRIICTION CONFERENCE NORTH 221 FANCHER - PROPANE TANR3 APRIL 4, 1988 CALL TO ORDER: The meeting was called to order at approximately 10:30 a.m. by Building and Safety's Code Compliance Coordinator Tom Davis, with the following in attendance. PERMIT REVIEW PARTICIPANTB: John Anicetti, Health District Tom Davis, Building and Safety Ken Jeffrey, Building and Safety Marla Kerr, Building and Safety Bob McCann, Engineer's Office John Pederson, Planning Department APPLICANTS: Bob Clayton, V-1 Oil Company, (208) 522-1210 Gary Huskinson, V-1 Oil Company SCOPE/PROJECT DESCRIPTION: I. General Overview - The applicants are proposing the installation of two 30,000 gallon propane tanks on property which has been leased from Union Pacific. . II. Construction Schedule - The construction schedule was not discussed at the meeting. SUMMARY OF DEPARTMENTAL REOUIREMENTS: I. Planning Department (456-2205) A. Discussion/Requirements l. It was stated that the property was subject to a zone change VE-81-87 A and B, and a conditional use permit number CUE-30-87. There are numerous detailed conditions which apply to the above mentioned. 2. It is a- requirement of the Conditional Use Permit that all conditions, are met within one year of permit issuance. 3. It was stated that all Departments conditions must be met before Planning will sign off the permit. - 1 - ~ , . B. Permit Release Requirements 1. A copy of the recorded lease is required to be submitted to the Planning Department. John Pederson stated that he would obtain these documents from the Auditor's Office personally. 2. The applicant shall submit a letter/memo of understanding from Fire District No. 1 to the Planning Department, prior to permit issuance. This document shall specify a mutual understanding between the applicant and Fire District which restricts the unloading of rail cars during the interstate fair or other gatherings at the Fairgrounds. II. Enginbering (456-3600) A. Discussion/Requirements l. The Engineer's Office is prepared to sign off the permit. III. Health District (456-6040) A. Discussion/Requirements l. The Health District will release the permit. IV. Utilities Department (456-3604) A. DiscussionjRequirements 1. mhe Utilities Departmznt was not present, and no comments submitted. V. Building and Safety (456-3675) A. Discussion/Requirements 1. All requirements have been satisfied and Building and Safety will sign off the permit. REOUIRED ACTIONS (County): 1. John Pederson will contact the Auditor's Office in order to obtain a copy of the recorded lease agreement. - 2 - . ~ . + APPLICANT'S COMMENTS/ACRNOWLEDGEMENT: The applicant acknowledged that all comments/requirements were understood. The applicant had no further questions at this time regarding permit requirements. CORRECTIONS: To minutes or changes from what appears in the minutes, we should be notified within one day of your receipt of these minutes. To plans as required by any or all of the above-listed departments shall be subrnitted in sets of 7 to Building and Safety who will then distribute accordingly to each department. ADJOURNMEN'T: There being no further business, Tom Davis thanked the applicant and the departments for their participation and reminded all that he should be contacted if there are any.unforeseen problems which may arise. The meeting was adjourned at approximately 11:00 a.m. Copies of Minutes to: All participants File - North 221 Fancher Propane Tanks - 3 - o Spokane County Department of Building & Safety ~-;,rl • ~ ~•~~1-- ~ JAMES L. MANSON, DIRECTOR _ . .W, , TO : Air Pollution Control Authority ` Engineer's Office Environmental Health Planning Department Utilities Department FROM: Department of Building and Safety DATE: March 30, 1988 RE : fdorth 221 Fancher Road - Propane Tanks At the request of V-1 Oil Company , the attached information is being submitted for a pre-construction conference scheduled for 4-4-88 at 10:30 a.m. TLO: db O V ! •'s L /S J NORTH 811 JEFFERSON ~ SPOKANE, WASHINGTON 9926090050 • TEI.EPHONE (509) 456-3675 v . - ' ' - • l ce VI 0 March 29, 1988 PROPANE GASOLINE Department of Building and Safety W. 1303 Broadway Spokane, Washington 99260 Attn: Tom Davis and Ken Jeffreys RE: Conditional Use Permit at N. 221 Fancher - File #CUE-30-87 & VE-81-87 A-B; V-1 Oil Company V-1 Oil Company, the applicant, recognizes and agrees to the conditions of approval and understands failure to comply will result in appropriate enforcement actions. V-1 Oil Company also understands that if the Con- ditional Use Permit is voided, the variances are voided. It is further understood that this installment shall be in substantial conformance with the file documents. The following conditio ns have been met: 1. V-1 Oil Company's lease will be recorded in the Spokane County Auditors Office, April 4, 1988. 2. A six foot chain link fence shall be installed around the lease property with a 3-strand barbed wire barrier at the top. 3. A new site plan does not seem to be necessary at this time. 4. V-1 Oil Company acknowledges and understands the conditions set forth in approval VII and will comply fully with the intent of this provision. 5. The installation will be erected with the Uniform Fire Code, Article 82. 6. V-1 Oil Company has met with Paul Chase of Spokane County Fire Protection District #1 and Mr. Chase indicated approval of the conditions as soon as the 6" fire hydrant has been installed and hooked up to City Water. (See agreement with Shea Construction for installation) 7. See comments of utilities department. 8. Sewq `ge facilities will not be needed at this location. No buildings wilte be erected or water on site. Nearest water is the fire hydrant to used for emergencies only. 9. Ga y Nelson, of Spokane County Engineers Office, advised that he and McCann concluded a drainage plan would not be necessary. ~ 1800 North Holmes, P.O. Box 2436, Idaho Falls, Idaho 83403-2436, Telephone (208) 522-1210 . V, , . ~ t aepartment of Bu11ding and 5afety March 29, 1988 Page 2 10. Spo kane Countyr Fi re Protecti on Di stri ct #1 issues have already been addressed. Instal1ations of the fire hydrant wil1 begin shortly after approval of this building permit. I certaTnly appreci ate the help and concern of the Count,y Offices and Admi n- istrations i n the aboue i ssues. V-I 0i1 Compan,y and mysel f look forward to a lang and mutuaTTy beneficial relationship. Si ncer~ely, tk • ' - ~ Gary D. H usk; nson Pres; ~ent GDHlbp i10 i ~ . . ,~r.«.-. y ..y...... ta . I`...,. ~ . . . ( r--.....~,.~~~.._...° i.~. ~..r...• .....«.i......i. s.. : . ~ ~ . . ` s ~ , . ..,.d... ._..i . ~ . . : . ' . _ j 1 _ . . ~ _ . ~ ..v ~ , _ , _.'from_ the Desk of.w...-. 'From fhe Desk of ~ ' . ~ DATE: ~ _ Ye Sh 8. DATE: _ M.. _ . . _ . . ~ ave Shea. ~ . ~ ~ . 6 C/ti ~ i g ~ ~ _._._.i ~ . r.~. f.~_._. F. ? ~Phone Conversation Phone Conversaf ion ' ~ MsuaJECr: suaJECr: .r~~ ' •v~ ~ ~ ~ . . l i : . ' . ~ ~ _ ..r_ ~ ~ ~...w . . _ ~ . . . _ . ! . ~T--_ " E r ~ ! ~ i ' 1 . ~../-~i a i ~ ! ,xLo~ ~ _ I .~..'V1;41~~~~ _ . VN I ~•i t ~7~ _ ~ _ _._Q,~ ~ r _ . ~ ~ ~ ~ .i . _T -r '00, ~ tfl'/'O rlz/~ s t-- ; S H EAl It SHEA, ON INCj CO ESTFULTI 1 ; ' CONSTAUCTION INC' ~ , ~ f ~ , • ~ ~ ~ I I E ~ , ~ ~ I i i A. ' ~ i ~ • ~ ` ~ ' ~ ' ~ i = i i i 1 i ~ ? M i ~ ~ ° I ~ ~ ~ ~ , ~ ~ ~ i f ! ! I i . UNION PACIFIC RAILROAD COM *YE C F IV~ ~ REAI ESTATE DEPARTMENT 4ocLsTREET O V I 13 199l1DNEBRASKA 68179 i • $POKANC COVfiT`r F1AN14ING DEPARTMEN i October 7, 1987 872-25 Mr. Tom Mosher Spokane County Planning Dept. North 721 Jefferson Spokane, Washington 99260 Dear Mr. Mosher: Please refer to previous correspondence and phone conversa- tions with my representative, Mr. Bill Loffer regarding V-1 Oil Company regarding their request to lease certain Railroad Company property in Spokane, Washington. Attached for your information and further handling is a legal description describing the property to be leased to V-1 Oil Company. ~ If further information is necessary, please feel free to contact Bill at (402) 271-5590. Very truly yours, . A. . EY Director - Western Region Attach. CC: Mr. Gene Baxter c/o V-1 Oil Company 1800 North Holmes Idaho Falls, Idaho 83401 Mr. Gary Gortler Union Pacific Railroad Company 4315 Sprague Avenue Spokane, Washington 99220 P/209 • - ~ y, ' OWR&N CO. (UNION PACIFIC RAILROA.D COMPANY - LESSEE) SPOKANE, WASHINGTON Description of property to be leased to V-1 Oil Company. - A tract of land situate in the S;jSE; of Section 14, Township 25 North, Range 43 East, of the Willamette Meridian in the City of Spokane, Spokane County, Washington, more parti- cularly described as follows: Commencing at the Southeast corner of said Section 14; thence North 50°39'14" West along a straight line, a distance of 1835.0 feet to the True Point of Beginning; thence South 89°40'16" West, a distance of 150.0 feet; thence North 0°19'44" West, a distance of 20.0 feet; thence North 89°40'16" East, a distance of 150.0 feet; thence South 0°19'44" East, a distance of 20.0 feet to the Point of Beginning. Containing an area of 3,000 square feet, more or less. Office of AVP-Engineering Services Omaha, Nebraska October 5, 1987 ~ ~wR"x SPOKANE VALLEY FIRE DEPAF2TMENT Spokone Counly f-ire l'rUtection DistriCt No. 1 caSt 10319 Srr2nG(F nvE. • SPOKl1Nf.. W!1 Q0206 (509) C28 ~ 70t) Rod Tedrow Chlet TO: Spokane County Planning Dept Attn: John Pederson C' d r' N. 721 Jefferson-~ s,~~S okane, WA 99260 p NOV 1619$7 City of Spokane SPOKJINE COUNlY City xall PUINNING DEPARTMENT W. 808 Spokane Falls Blvd Spokane, WA 99201-3333 . ^ ~ Washington State Fire Marshall E. 59 Queen Spokane, WA 99207 Spokane County Building & Safety Dept Attn: Tom Davis Spokane County Utilities Dept . Attn: Jim Legat . Spokane County Health Dist Attn : Dary 1 Way D Spokane County. Engineering Dept --7,~~ - ~~Prsc:J Attn: Gary Nelson Pu6be- FROM: Paul Chase ~ Fire District No. 1 E. 10319 Sprague Ave Spokane, WA 99206 . DATE: November 11, 1987 SUBJECT: File #CUE-30-87 & VE-81-87 A-B; V-1 Oil Company The following are recommendations of the Spokane Valley Fire Department for this project. 1. No building shall be built within 125 feet of the stationary tanks and the railroad siding where tank cars will be unloading, according to NFPA 58 table 3-2.2.2. This would be more area than the 3,000 square feet proposed for this plan. 440'C~e.v > ~ . . ~l?~'~/~• ~-~'j • ,s'~ Ile, n; ;7 ~ ~3 ~ ~ - s ' 2. Provide emergency access from the west and north by "Knox Box" Padlocks. This would be for alternate firefighting routes. 3. Provide adequate fire hydrants for this complex within 500 feet on the south. Fire Flow shall be determined by an "approved" standard. 4. The Spokane Valley Fire Department reserves the right to restrict the unloading of railcars during the Spokane Interstate Fair or other large gatherings at the Spokane Interstate Fairgrounds. This is in lieu of the half mile evacuation that would be necessary in a propane accident. i Paul Chase, Inspector ..tkp . . _ _ . ~ f 4 .I ~ 13.1 h . ' , . . . ~ . } ~ ~7~• ' ~ . . ~ ' . ~ Ul . ~ -7~►. ~ 4p p,Q Sµp,Rp SKARP t•~11TS ~t•4' ~ ~ ~ °~„ffd.~ ~1 . . ul . 0p CrTY 0 = z ~ - . - ~ ~SME -;b`6 . • • Z ~ ~)L10 w; 6 q t • - ° '.~tA~a° I . / k . VL ,~1-70 ~ ~l-~.-- . ~ 97Z' fo:g ~ ~ 1~~' • , O~ ~ A''LK1 L-3 t- ~ • 1 City `Nlatet 7r7t'- r 0 1'.~ • ~ ~ • ~ • • ~ ~ ~T aa- ~ al3tADS F . M ~t. a-R' ~ ~ • ~ ~ ~ i . • Z~~Z • ,~.i.~ ;=-;-r-~ ~ ' ~ • . ~t~ Z~~ . . z u • p• ~t . ~ _ ~ ~ ~ ~ ~ S P A AGIIS o Z-2 • l.? 0 o e p m r- in o ~ P R A Gu~~,-- - 1 T.•- . `1 0 ° w o~, ° 4 0 Ul U") `r 0 -W~ a o . COI) •a 'r ~ ' 1 t,/ O~-~T l 7 . ~ ~ , : , • ' ~ ` i :r . ~ .t ~ ~ J w . ,fl r ~ 'i .y d ~ F CUE-30-87 , ~w. I ' y G! . ' ~ . " • • , • g 1 - ~ r ~ ~ M ~ VE-81-87 A-B • ~ . ~ • r • ~ ~ ~ O , ~ , ~ ~ ♦ ~ ~ ~ • ~ ~ • ~ 1 + ~ ~ R 4 u N i i , . : . ~ i rjvt J~w~q►.~Y.~ ~ 't P ~ ~ • j,: ` ' •.7 ' 1 ~ ~r~ Y Q ~ ~ ' tC"^'~'t _ . . ; r . ti+~i ~ ( ~ ~ ~ p . ~ J ~ ~ • ~ ~~r.~.c~! i, mal . f„ti'~ `y ~ 1 I~;,i~~+k_~y'a' ' aL~ti ~ I . . . . , ~ ~ . ~ ~ ~ ~ t'~ ' : L ~ d • . ~ 1 ! j _ J~ .,:,.-~,-'*','s.. . ~ ~ b 1.= ~ • f1 v j • • , . I ..r~ ~ ~ ' . , . ~ . . ~ ~ - ~ ~ - ~ htr i/ . . . ~A 5'E/~f~/v~.~,~_" Q ~ t ' . ~ ~ ~ ..r ~ •~r • M ~ N ~C NI~ A~. O~ r~ • L WA(~~i / t .L I AA U L i P~ .1. R. ! ~ ~ l~..• ~ , • ~ ~ a!Ra nr ~ raR - L 1 S 3 0 ..S . , - - _ ~ ~ _ • _ _•..=r _ - ,,f _ ~ • ~ ~ ~ ~.nir►i► -l~i►+ ~ ~ 4.+Y - • ` ~ _ t- J ~ S1 • ; . . . J <tfls' A.vC ~ L . . ` ~ ~ ~ • ~ ~ ~ ~ r ~ r Y ~ IA~~ N N ~ 1 R~J ~ Vt ~ . ~ . . ` J ~r S 09 ~ 55 G~ 0` , r ~ r • ^ Q 4 • ~ v T ~-.4. ti 1 ~1 . ~ ' , ~ x , ` • ~ . vi 7 i ; ~ .r. ' . , 23 t ~ ' r ~ ~ . f ~ ~ ( J T ♦ ( ~j ~ ~ A MC- A~ ~C I'tiO~JT_. N ~ i~!a!1. I.1400 : t .~Jr ^✓Li ~ , , ~ r . . . ~ . . _ _ • _ _ ._._..a r - ~ . - . ~ SPOKANE COUNTY NEALTH DISI'RICT Inter-office Communication , OATE: November 10, 1987 T0: Zoning just,or, Spokane County FROM:.' Sc ink, R.S. - Environmental Health Division, SCHD. SUBJECT: Proposed Variance; Conditional Use Permit: CUE-30-87; VE-81-87 A-B (V-1 Oil Company) 1. Ref erences : a. Map of subject, scale 1" = 100' by Oregon Washington Railroad & Navigation Company, dated July 3, 1987, received by this office August 12, 1987. b. Reconnaissance Geoloqic Map of the West Half of the SQOkane Quadranqle, Washin4ton and Idaho, Al1an B. Griggs, 1968. c. Soil SurveV. Spokane Countv, Washinqton, Soil Conservation Service, U.S.O.A., March, 1968. d. Spokane Countv, Washin4ton, Enqineerinq Interpretations, Soil Conservation Service, U.S.D.A., August. 1974. e. Rules and Requlations of the State Board of Health for On-site, Sewaqe Disposal Systems, D.S.N.S., July, 1983. f. Logs of water wells in Range 43E, Township 25M1f, Seci.ions 11, 13, 14, 15, & 23. g. Map: Spokane N.E. Quadrangle, U.S.G.S., 1973. 2. Findings: . a. This project lies over the Spokane-Rathdrum Aquifer. b. The project is within Critical Water Supply Service Area #2 and within the service area of the City of Spokane. Water supply will be a public system. Groundwater resources appear adequate to ~ support development at the proposed density. C'~ • ~C . c. The project is inside the Spokane County Comprehensive Wastewater C\J Management Area, inside the General Sewer Service Area, and inside the Priority Sewer Service Area recommended in the '201' Study. The method of sewage disposal is subject to approval of the Director of Utilities, Spokane County, pursuant to County Resolution 80.0418 - adopted March 24, 1980. The topography and soils in the area are generally suitable for use of individual on-site sewage disposal systems. The lot is not of the proper dimensions to permit the use of both an individual well and sewage system. d. The project lies in a relatively flat area west of Fancher Road and north of Sprague Avenue. Local drainageways are insignificant. ' ti . . . CUE-30-87; VE-61-67 A-6 (V-1 Oil Company) Page 2 e. Surface soils are classed as Garrison gravelly loam with 0% to 5% slopes. They have a septic tank filter field limitation of slight. There is also possible contamination of groundwater. The soil, based on textural classification is Type II. f. Geologically, the soils are glaciofluvial deposits. These geological structures generally yield moderate to very large arnounts of water. Data from wells in the area shows they are from 68' to 320' deep and have static water levels varying from 40' to 85' below the surface. The City of Spokane has indicated that it can supply domestic use water for the project upon completion of agreements with the proponent. 3. Required (mandatory) Conditions If Approved: a. Sewage disposal method shall be as authorized by the Director of . Utilities, Spokane County. b. Water service shall be coordinated through the Director of Utilities, Spokane County. c. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social & Health Services. d. Subject to specific application approval and issuance of permifis by i.he Health Officer, the use of an individual on-site sewage disposal , system may be authoriZed. e. Any critical material user shall meet the requirements of the ASA Overlay Zone code, and any critical waste materials generated shall be under the jurisdiction of the Department of Ecology. f. As per Spokane County Commissioners resolution, there shall be no more than 3,600 gallons of sewage generated per acre per day. g. The ASA Overlay Zone code requires non-ground disposal for any sewage generated. Alternative disposal methods include holding tank, lagoon, sewer hookup, or Department of Ecology Discharge Permit. 4. Recommended Conditions of Approval: a. Use of private wells and water systems is prohibited. c: Director of Utilities, Spokane County c: Sponsor: V-1 Oil Company 1800 N. Nolmes Avenue r, ~ Idaho Falls, ID 83401 . , t _ , . 0552E/bls . ~ ~ . . . i- UNION PACIFIC RAILROAD COMPANY REAL ESTATE DEPARTMENT ROOM 300 1416 DODGE STREET OMAHA, NEBRASKA 68179 Oc tober 7, 1987 872-25 . ~ _ V , N Mr. Tom Mosher Spokane County Planning Dept. North 721 Jefferson Spokane, Washington 99260 Dear Mr. Mosher: Please refer to previous correspondence and phone conversa- tions with my represen-tative, Mr. Bill Loffer regarding V-1 Oil Company regarding their request to lease certain Railroad Company property in Spokane, Washington. Attached for your information and further handling is a legal description describing the property to be leased to V-I Oil Company. If further information is necessary, please feel free to contact Bill at (402) 271-5590. Very truly yours, A. 0. MEYE Director - Western Region Attach. - - CC: Mr. Gene Baxter~ c/o V-1 Oil Company 1800 North Holmes Idaho Falls, Idaho 83401 Mr. Gary Gortler Union Pacific Railroad Company 4315 Sprague Avenue Spokane, Washington 99220 RE CE: fE D 0 Ir"' T 13 lSI!tF l JD141;0. ~ ~ P/209 • • OWR&N CO. (UNION PACIFIC RAILROAD COMPANY - LESSEE) SPOKAIVE, WASHINGTON Description of property to be leased to V-1 Oil Company. A tract of land situate in the S1-~SE4 of Section 14, Township 25 North, Range 43 East, of the Willamette Meridian in the City of Spokane, Spokane County, Washington, more parti- cularly described as follows: Commencing at the Southeast CO?"'n°_r of said Secticn 14; thence North 50°39'14" West along a straight line, a distance of 1835.0 feet to the True Point of Beginning; thence South 89°40'16" West, a distance of 150.0 feet; thence North 0°19'44" West, a distance of 20.0 feet; thence North 89°40'16" East, a distance of 150.0 feet; thence South 0°19'44" East, a distance of 20.0 feet to the Point of Beginning. Containing an area of 3,000 square feet, more or less. Office of AVP-Engineering Services Crtaha, Nebraska October 5, 1987 . . o . ' • ` . A ~ r . , , . @ . e . • • - UNION PACIFIC RAILROAD COMPANY RE/1L ESTl1TE OEPARTMENT ROOM 300 1415 DOOGE STPEET OMAHA, NEBRASKl1 68179 JUL 2 ? 1987 872-25 V-1 Oil Company 1800 N. Holmes Idaho Falls, Idaho 83401 Attached is new Lease Agreement, Audit \'o. 872-25 covering use of a portion of the Railroad Company's property at or near Spokane, Washington. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to using the Railroad Company's property covered herein, you should thoroughly review the terms and conditions of this document and contact the Railroad Company at 1-800-336-9193 - to determine if a fiber optic cable is buried on the subject property. The above document contains insurance requirements and you should forward the required Insurance Certificate to: Mr. R. W. Redick Manager - Insurance Union Pacific Railroad Company 1416 Dodge Street Omaha, NE 68179 Sincerely yours, . W C STENISEN 4`t/ Manager-Real Estate Contracts ~ C ~ J _ ~ ~ • . ;";1;!Q . ~ . • DUPLICA7E ORi(3lNAL - LES.SEE`S COP'Y . . L I is 6121"3 t'-or:n Approveci, AVP-Law ; FORM 2209 , . Audit No. 872-25 L E A SE . , . , . .1 This Agreement made and entered into this lOth day of July, 1987 by and between OREGON-WASH 1 NGTON ' RAI LROAD E NAVIGATION COMPANY, an Oregon corporation and its Lessee, UNIOPI PACI FI C RAI LROAD COMPANY, a Utah corporation (hereinafter called "Lessor" party of the first part, and V-1 OIL COMPANY, an Idaho corporation of 1800 N. Ho(mes, Idaho Falis, Idaho 83401 (hereinafter cailed "Lessee" party of the second part, W(TNESSETH: Lease / Term Location / Use Section 1. The Lessor, for and in consideration of the covenants and payments hereinafter mentioned to be performed and made by the Lessee, hereby agrees to lease and let and does hereby lease and let unto the Lessee for a term of one year beginning on the 15th day of July, 1987, the portion of the premises of the Lessor (hereinafter the "Premises") at or near Spokane, Spokane County, Washington shown on the piat, or described in the description, or both, hereto attached and hereby made a part hereof, such Premises to be used only as a site for storage and handl ing of propane products. Renewal Thereafter, so long as neither party is in'defau(t, this Lease will renew itsel f without further documentation from year to year until terminated as provided in Section 16 herein. Each renewal term will be upon the same terms and conditions set forth herein, • including, without limitation, the Lessor's right to reevaluate the rental as hereinafter provided. Improvements It is agreed that no improvements placed upon the Premises by the Lessee shalt become a part of the realty. Water Rights The Lessee acknowledges that this Lease does not grant, convey or transfer any right to the use of water under any water right owned or claimed by the Lessor which may be appurtenant to or otherwise associated with the Premises, and that all right, title, and interest in and to such water is expressly reserved unto the Lessor, its successors and assigns, and that the right . to use same or any part thereof may be obtained only by the . prior written consent of the Lessor. This Lease is made without covenant of title or to give possession or for quiet enjoyment. , Rental Section 2. The Lessee shall pay to the Lessor for the use of the Premises, rental at the rate of TWO THOUSAND E1GE{T HUNDRED DOLLARS ($2,800.00) per annum payable annually in advance for each and every year during the term of this Lease, or any renewal thereof, subject to reevaluation, as hereinafter provided. ti.r I ~i F. D JUL Pg 1 of 10 . . : . ~ V-. f - . . . . . . • . _ - ~ i'~. :~J IDANO Ff•1L5, IDAI10 ~1e,') z, 1, 1J2~.:.~ ~-r,,.:~~~3~.;~ . . . : Rental Reevaluation The Lessor may annually reevaluate the rental base upon which the above rental is computeci. ln the event the Lessor shali determine that the rental paid is no longer representative of a fair market va(ue rental, the Lessor may adjust the rental and shail advise the Lessee by written notice of such change. Such written notice shall be served at least thirty (30) days prior to . the effective date of the new rental, it being understood however that rental adjustments shall not be made more often than once every twelve months. Utilities . The Lessee shali arrange, secure, and be responsible for ali water, gas, heat, electricity, power, sewer, telephone, and any ancl all other utilities and services supplied and/or furnished to the Premises in connection with the use of the Premises by the Lessee as hereinafter provided, together with any and all taxes and/or assessments applicable thereto. In the event such utilities and services are not separately metered to Lessee, Lessee shall pay a reasonable proportion of the cost of such uti i ities and services, to be determined by the Lessor, of ail charges jointly metered with other portions of the Lessor's property. It is understood and agreed that none of the above utilities or services may be installed upon the Premises without first securing the written consent and approval for such installation and the location thereof by the Lessor's Chief Engineer. Taxes The Lessee further agrees to pay, before the same shall become delinquent, all taxes ievied during the life of this Lease upon the Premises and upon any buildings and improvements ' thereon, or to reimburse the Lessor for sums pa id by the Lessor for such taxes, except taxes levied upon the Premises as a component part of the railroad property of the Lessor in the state as a whote. . Assessments If, during the life of this Lease, any street or other improvement, whether consisting of new construction, " maintenance, repairs, renewals, or reconstruction, shall be made, the whole or any portion of the cost of which is assessed against or is fairly assignable to the Premises, the Lessee agrees to pay in addition to the other payments herein provided for : (a) Ten and one-half per cent (101$) per annum on the amouni , so assessed against or assignable to the Premises when expenditures by the Lessor for such improvements are properly chargeable to capital account under accounting rules of the Interstate Commerce Commission current at the time; and Pg 2 of 10 LI 8611213 ' • =rorm Apptoved, AVP-Law t (b) the entire amount so assessed agalnst~-or'-- assignable to the Prtmfses when expenditures for such improvemenis are not properly chargeable to capitai atcount under ssid sccounting ruies. us* ot Pru+nisss- Abandonwnent Section 3. The Lessee covenants that the Promises sha11 not be usrd for any other purpose thsn for such use spOcitied 1n Settfon 1 hcreof and agrees thaL tf the Ltssee sbandons the Premises, ihe Lessor msy enter upon and take posstsslon of the , ssme, and that non-use for the purpose mentioncd continulng for thlrty days shall bc sutficient and conclusive evtdence ot such abandonmerit. Lesme Not To Subiet otr Assi9n Section 4. The l.essee agrees not to let or subfet the Premises, tn whote or in part, or to assign this Lease without the eonsent in wrtting of the, Lessor, and it is agreed that sny transfer or assignment of this Lease, whether votuntsry, by operation of law or otherwise, wtthout such tonsent 1n writing, shall be absolutety void and, at the option ot the Lessor, shatt . terminatt this Lease. Vse tor Unisarful Purposes Prohibitcd- Indmmity Section S. It is especially tovenanteti and agryed thst the use of the Premtses or any part thereof for any uniswful or Immoral purposes whatsatver is expressty prohibited; that the . Ltssee shall indemnify, hoid harmless and defend the.Lessor and the Premises from any and a!! Ijens, fines, damages, ponaitjes, forfettures or Judgments in sny manner accruing by rsason of the use or occupation of the Premises by the Lessee; and that the Lessee shall at ail times protect the Lessor and the Promius from a11 tnjury, damage, or loss by reason of the occupatton of the ' Premises by the Lessce or from any cause whatsoever 9rowinfl out, of the Lessee's use thereof. Care ot Promtses and linprovemnts Section 6. The Lessee hereby covenants and agrecs that any . and all buitdings erected upon the Premises sha11 be patnted by the Lessee a cotor satisfactory to tht Ltssor, and sha11 st .a11 tlmes be kept in good repair; that the root of each bulldin9 sha11 be of fire-resistive material; that the Prornlsts shsti .during the . continuance of this Lesse be kept by the Lessea tn • nsat and tidy condition and free from sti tnsterlai whlth would tend to increase the risk of fire or give the Premists •n untidy appearance; that none of the bulldings or othsi- structures erected on the Premises shall be used for dfsptsytng any signs or sdvertisements other than signs as msy be connected wlth the business ot the Lesset, and that such signs shall bs neat, properly matntained and subject Lo •pprovsl of tt* Lqsor. In the event any building or other improvement not betangin9 to the Lessor on the Premises Is damsged or destroyed by firt, storm, or other essualty, the Lessee shall, within thirty dsys •f`ter such happening, remove sll debris and rubbtsh resulting theretrom; and if the Lessee fails to do so, the Lessor may,: tnter the ; . . P93ot10 . . . LI 561213 Form Approved, AV P- Law • ~ Premises snd remove such debris and rubbish, snd the Lessee agrets to reimburst the l.essor, wlthin thirty days sftar blll ren- dered, for the expense so incurred. Llsns-tndennity Sectfon 7. The Lessee shal t, when due snd betof• sny lien shalt attach to the Premises, it the ssme may tswtutty be sssarted, pay alt charges for wster, gss, Itght, and power. turnished; rentat or use of sewer tatilities serving th• Premisas; pay for ali materiat joined or affixed Lo the Prwmises; psy for alt taxes and assessments; and shall pay In tull sll persons who perform labor upon the Premises, and shstl not ptnntt or sufter sny methahic's or matertalman's or other tien ot any kind or naiure to be enforced against the Premtscs for sny work done or materials furnished thereon st the instance or request or on behalf of the Lessee; and the Lessee agrees to tndemntfy, hofd harmless, and defend, the Lessor and jts property sgainst snd from sny and atl tiens, tiaims, demands, cosis, and txpenses of - whatsoever nature In any way tonnected with or growing out of such work done, labor performed, or mattriats or othtr things . furnished. Supfrtor Ri9hts Section B. This Lease is made subject tro sll otitstsndlng, superior rights, including, but not lknited to, rights of way for ~ highways, pipe(ines, and for power and communicat6ons lines, snd the right of the Lessor to renew such outstanding rlghts and ta . eactend the term thereof. Ctetrartts Section 9. Oetafled plans for ali buildings, pistforms, losding or untoadtng devices, structure and all afterntions, improvemants and/or additions thereto and/or upon the Premtses which tho. l.essee shsll desire to make, shati be presented to t.essor for eonsent In written form prior to instatlatton upan the Proe+nlses_ If the Lessor shall give its consent, the consent sAatt be deemed - tondltione+d upon Lessee acqutring a permit Lo do sueh work frm sppropriate governmcntal agencies, the furntshing of a copy thereof to Lessor prior to the commencement of the work snd the comptiance by L.essee of all condjiions of sald ptrtnit In s pranpi and expeditlous manner. ~ All buildings, ptatforms, loading or untoading dtvtces, structures, and/or material or obstruction ot sny klnd erected, malntatned, plaEed, piled, stacked, or mstntstnsd upon tht Prwnises afier the commencement of thls t,.esse and sny slterstions, improvements, snd/or sddltions thKeto or to buildtngs, ptatforms, loading• or unloadin9 deviets structures tocsted on the Premises prior Lo the commencemtnt ot this Lsan shall be constructed, operated, msintained, repalrfd, rentwod, modified andlor reconstruttcd by the Lessce In strtct contormtty wlth Union Pacific Railrosd Company's Standard Minlmun Ctearances for All New Structures and Fsctitties Along tndustry 7racks, as In effect at the time of thc placement, constructfon. Pg 4 ot10 LI $61213 Form /lpproved, AVP-Law • . - ~ operation, maintenance, repair, renewal, modification or reconstruction. Buiidings, platforms, loading or uniaading d*vites, structures and/or materiai or obstruction of any klnd loestcd upon the Premises which are In ptace at the time the Lessee tskes possession of the Premises or wfiich were construcUd. plsced. piled, stored, ttacked, or maintajned upon the Prsmises wtth the express tonsent of the Lessor under the terms of s prwlous Isase between Lessor and Lessee, but which are not in oonformtty with _ Union Pacific Rsilroad Company's Standard Minimum Clearances, shall be considered permitted for the purposes of this Section. Compliance wtth such standards shatt not rtlieve tessre from the obl igation to ful ly comply with the requlrements of sny federal, sta*_e, or municipal ;aw or rtgutstion; it being understood and agreed that ' UnioR Pacific Ratlroad Campany's Standard Minimum Ctearances are In addttion to snd suppiemental of, any and atl requirements imposed by applicable law or regulsLton snd shail be complied with untess to do so wouid cause Lessee Lo . violate an appticabie law or regutation. Lessor sha! I conslder requests of the Lessee to Impair elWr- . ances which are necessttaied by the operstionsl requiruntrtts of the Lessee, but Lessor sha! t not be obl igated to eonssnt to any impairment. Any necessary permission to Impair elearsnees to which the Lessor has consented must be secured by the Lassee st . tts own expense, in advance of any impairment; and Vessee 'shait . comply promptly and strictiy with sll requiraments or orders issued by appropriate state or other public suthortty reIsUng bo such impairments. . Lessee assumes the risk of and shall tndemnify, hold harmless, and defend the Lessor, its otficers, sgents,and emptoyees, against and from sit injury or death to persons or ioss or damage to property of the parties hereto snd their enployees and agents and to the person or property of any other plfson of corporation resulting from the Lessee's noncompiisnce with the provision of this Settion 9, or resulting directly or Mdirectly from any impairment of the clearsnces destrlbad in this SKtion 9, whether the Lessor hsd notice thereof or tonsented tihsrtto, or ~ . whether suthorized by appticsbte state or other pubik suthori pursuant hereto, or •xisting wlthout eompitance ~rlth the provisions of this Section 9. .t - . Any knowtedge on the psrt of the Ltssbr of • vlolatlon ot the clearance requirsments of thts Lease, whether such knowiedge ts attust or imptied, shall not constftute a waiver and shalt not relieve the Lessee of tts obtlgation to Indemnlfy and defend the _ Lessor, its officers, sgents, snd employees, for losses and etalms resulting from such violation. However, the terms of this S+ctbn shall not apply to losses resulting from impairments or facllitfes Pg 5 of10 . . Li •61213 . Form /lpprovtd, AVP-Law created or constructed by the Lessor that will not benefit tht Lessce. Hassrdous Substsnces - ond VissLu Settion 10. Lessee shall compty with a!I tedersl, stst• snd local environmentat laws snd regulations In Its ust ot the Premises, including the Rtsource Conservation and Recovtry Act, as smended ( RCR/1) , and the Comprchenstve Environments t Response Compensation and Ltabiitty Act, as amended (CERCLA). L.tssee shall not treat, store or dtspose of hazsrdous wastts on the Premises ss deffned In RCRA without flrst obtaining the Lessor's written permission. If such permission Es 9rsntad, Le.see shati obL-tn any necessary permits and identfflcstion numbers and provide l.essor with the identtficatton numbers snd eopies of the permits. Lessec shatt also sssume alt responslbiti for and costs associated with an closure sndlor ~ y post-ctosure csre requlred. In addition, Lessee shall not instali any underground storage tanks as def3ned In RCRA without first obtsinin9 the Lessor's written permission. If such permission ts gnnted, lessee shatt obtain any necessary permits, notify the proper suthortties, and provide the Lessor with copies of such permits • snd notifications. Furthermore, l.essee shalt sssume -ail responsibility for and shall indemnify and defend Ltssor sgsinst all costs and claims assocfated with a release or leak ot th• tank tontents. Lessee shali use its best efforts and safety prattkes to prevent the release of o(1 and hazardous substances as definsd In CERCLA on the Premises. Notwithstnnding, Lessee sssumes stt responsibility for the investigation and cieanup of sny such release and shsll indemnify and defend the Lessor, tts officers, sgents and employtes, tor all costs, tncluding MvironmenLai consultant and attorney fees, and ciajms resultlng from or associated with any such release. Thjs provision shs11 tontlnue In full force snd eftect regardless of whether this AgrNrnent !s . tertninated pursuant to sny other provislon or the Pronlsts are vacsted by ihe Lessee. Exploslves s~nd inttaamnsbles Sectton 11. it is further sgreed that no gunpowder, 9ssoline, dynamite, or other explosives or flsmmabl• or hszardous materials shall be stored or kept upon the Prwnises. Nothing herein contained, however, shall prevent the storsge ot those hatsrdous commodities, tf any, specified In SeCtion 1, or oll or gasoline where same sre to be used, as tndtcated by Section 1 hereot, tontemptates such storsge; nor the stora9t of otl or gasollne where same sre used by the Lessee tor futl In the business tsrried on by the Lessee on the - Prenists, snd sre stored In quantities reasonable tor such purposes; PROVIDED, however, thst In ati of such •xcepted cases, the Lesseo shsll store such commodities no cioser than flfty (SO) fett trom the center Ilne of any main track and strictly comply with slt . statutory and municipal regulattons relating to the storag• of =uch commodities. Pn 1~ ..s . n Li 861213 Form Approved, AVP-Law . No Construciion by Lassee Over or Under - Tracks Section 12. The Lessee shall not locate or permit the Iocation or arection of any poles upon the Premises, nor sny bsams, pipes, wires, structures or other obstruction over or under any tracks of the Lessor without the wrjtLen consent of the Lessor. Lia;bitity af Lessee tor Brqeh Sectton 13. The Lessce shatl be ttable for and shatl dtfend agalnst any and ali injury or dsath of persons or loss of or damage to property, of whatsoever ctature or ktnd, arisin9 out of or contributed to by sny breach In whole or In psrt of any , covenant of this l.ease. Flrt Dsmsge ii►tWmm Section 14. !L is understood by the parties herrto thst the Premtses are In dangerous proximity Lo the tracks of the Ltssor, and that by reason thereof there witi be constant dsnger of inJury and damage by ,flre, and the Lssste stcepts this Lsase subject to such dbnger, . _ It ls therefore agreed, as one of the materiat tonstderstions for this Lease and without which the same would not be grsnted • by the Lessor, that the Lessee assume slt risk of bss or destruction of or damage to butidtngs or eontents on the Premtses, and of or to other property brought thereon by the : Lessee or by any other person wtth the knowledge or eonsent of • the Lessee, and of or to property In proximity Lo the Promim when connected with or incidentai to the occupation thereof, and any incidental loss or- injury to the business of the Lessee, where such loss, damage, destruction, injury, , or death ot ptrsms Is occasioned by fire caused by, or resutting from, tha operstjon ot the ratlroad of the Lessor, whether such fire be the rtwlt of defectlve engines, or of negligence on the part of the Lessor or of negligcnce or misconduct on the part of sny offictr, servsnt or employee of the* Lessor, or otherwise, snd the Ltssee h~reby sgrees to indemnify and hold harmless snd defend the L.essor. Its officers, servants, andl'or ernployees, agsinst and trom atl liabtlity, causes of sction, clatms, or demands which any person may hereafter assert, have, claim, or tisjm to luve, arlsing out . of or by rsason of any such loss, damage, destruction, injury, or death of persons including any tlsim, cause ot sction or dsmnd whith any insurer of such buitdings or other property may st any time sssert, or undertske to sssert, agsinst the Lassor, Its Water Dunsge officers, servants and/or ernployets, Rtletse Section 15. The Lessee:' hereby releases the L.assor, !ts officers, servants, snd/or emptoyees, trom atl •liabiiity tor darnage by water to the Pramises or ta property thereon balonging to or . In the custody or controt of the Lessee, Including bulldlngs snd contents, regardless of whether such dsmage be esused or eontributed by the position, lotation, construction or conditlon of the railroad, roadbed, tracks, bridges, dikes, dltches or other structures of the l.essor. . ' • • ~ ~ P+g- 7 Of 10 r . . 1. . . . ~ InAHt7 Li 861213 . ' Fortn Approvsd, AVP-Law I Terminatton on Dttault Sectton 16. It is further agreed that the bresch ot any covenant, stipulation or condition herein contained to be kept ac►d performed by the Lessee, sha!!, at the option ot the Ltsaor, forthwtth work a termination of thls L.esse, snd ali ri9hts ot the Lessee hereunder; provided, however, that the Lessee shali not • be deemed in defsult under thjs Lease untess the l.essor has furnished written notice to the Lesste of Lessee's dtfsult, and the Lessee has failed to bcgtn to cure that• defautt withln seventy-two (72) hours after receipt of t_essor's d*fsult notite or after cornmencjng s cure, hns failed to proceed dtligentty wlth its Cure etforts. - After a defautt by the Lessee, the Lessor may st ance re-enter upon the Premises and repossess itset f thereof and remove all persons therefrom or may resort to sn attion of • forcible/untawful entry and detalner, or any other sttion to recover the same. A waiver by the Lessor of the braach by the Lessee of any covenant or conditiors of this Lease shstl not lmpair the right of the Lcssor to avail ttself of any subsequant bresch thereof. - - Upon such termination and vscatlon of the P'rernises by the " Lesset, the Lessor shatl refund to the Lessee on a pro rsta Twenirtittion by basis, any unearned rentai psid in advante. Notk* . Section 17, This Lease msy be terminated by wrftLen nottce ~ . 9iven by elthcr the Lessor or Lhe Lessee to the other party on sny date in such notice stated, not less, however, thsn thirty . (30) days subsequent to the date on which such notice shatt be . 9iven. ' Notks Settion 18, Any notice, demand, request, constnt, approvsl or comtnunication that either party hereto deslres or is required to give to the other party under thts Lease shatl be in writtng. Said notice may be given to the Lessee by servlng the Lessee personaliy or by posting s copy thereof on tht outside of sny door in sny building upon the Premtses or by mailin9 the ssme, pastage prepsid, to the Letsee at the tast address known bo tht ' Lessor. Ssid notice ntiay be given to the Lessor by enailing the ' ssme, postage prepaid to the office ot the Generst Oirettor of Real Estate, Room 300, 1416 Dodge Street, Omaha, Nobraslca, 68179. Postat notices sha!l be :`by certified matl, return receipt . requested, snd such notice shall be deemed' given on the daet deposited with the United Ststes Postal Service. Pg 8 ot 10 LI 861213 • . :,y 1'~•~ Form Approved, AV P-Law , . ~ Consent Section 19. Wherever the consent, approva(, judgment or ' determination of Lessor is required or permitted uncier this Lease, Lessor shall exercise its good faith reasonable business judgment in granting or withholding such consent or approval or in making such judgment or determination and shall not unreasonably withhold or delay its consent, approval, judgment or determination. Vacation of Premises Removal of Lessee's Property Section 20. The Lessee covenants and agrees to vacate and . surrender the quiet and peaceable possession of the Premises upon the termination of this Lease howsoever. No later than the expi ration or termination date of th is Lease, the Lessee sha I 1 (a) remove from the Premises, at the expense of the Lessee, all structures and other property not belonging to the Lessor; and (b) restore the surface of the ground to as good condition as the same was in before such structures were erected, including, without limiting the generality of the foregoing, the removal of . foundations of such structures, the filling in of all excavations and pits and the removal of a!I debris and rubbish, all at the Lessee's expense, failing in which the Lessor may perform the work and the Lessee shall reimburse the Lessor for the cost thereof within thirty (30) days after bill rendered. In the case of the Lessee's failure to remove such structures and other property, the same, at the option of the Lessor, shall upon the expiration of thirty (30) days after the termination of this Lease, become and thereafter remain the property of the Les- sor; and if within one (1) year after the expiration of such thirty-day period the Lessor elects to and does remove, or cause to be removed, said structures and other property from the Premises and the market value thereof or of the material therefrom on removal does not equal the cost of such removal plus the cost of restoring the surface of the ground as aforesaid, then the Lessee shall reimburse the Lessor for the deficit within thirty (30) days a-fter bill rendered. - Protection of Fiber Optics Section 21. Fiber optic cable systems may be buried on the . Lessor's property. Lessee shall telephone the Lessor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cabte is buried anywhere on the Premises. If it is, Lessee will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other ~ ~protection of the fiber optic cable prior to beginning. any work on the Premises. J • •1 • In addition to the liability terms elsewhere in this Lease, the Lessee shall indemnify and hold the Lessor harmless against and , from all cost, liability, and expense whatsoever (including, without limitation, attorney's fees and court costs and expenses) arising out of or in any way contribiIted to by any act or omission of the Lessee, its contractor, agents and/or employees, ~ . . . E . Pg 9 of 10 . . L( 861213 Form Approved, AVP-Law . - that causes or in any way or degree contributed to (a ) any damage to or destruction of any telecommunications system by the Lessee, and/or its contractor, agents and/or employees, on Lessor's property, b) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Lessor's property, and/or its contracior, agents - and/or employees, on . Lessor's property, and/or (c) any ciaim or cause of action for . alleged loss of profits or revenue by, or loss of service by a customer or user of, such telecommunication company ( ies Successors . And Assigns Section 22. Subject to the provisions of Section 4 hereof, this Lease shal( be binding upon and inure to the benefit of the parties hereto and their heirs, executors, administrators, successors and assigns. Special Provisions Section 23. Special Provisions entitted "Flammab(e Liquid - Device", and "Roadway - Non-Exclusive" are attached hereto and hereby made a part hereof. . ' IN W(TNESS WHEREOF, the parties hereto have executed this - Lease as- of the day and year first herein written. Witness ; OREGON-WASH 1 NGTON RAI LROAD NAVIGATlON COMPANY ~ UNION PACIFIC RAILROAD COMPANY , ~ 1 ~ , VQ B y General Uirector-Real Estate ' Witness : V-i O t L C PANY . x ~ X! ~'---~L•'~' . . ~-t'fesid~nt' Pg 10 o f 10 ' ZONWG AQJUSTOR SPOKANE COUVTY, WASHJNGTON IN THE MATTER OF A CONDITIONAL USE PERMIT ) LACK OF PUBUC ROAD FROfVTAGE AND AREA ) FINDINCS, CONCLUSIONS VARIANCES. (CUE-30-87 & VE-81-87 A-B);) ANDDECISION V-1 OIL COMPANY, INCORPORATED ) SUMMARY OF APPIJCATI4N: The applicant seeks permission to establish containerized storage of two (2) 30,000 gallon above-ground propane storage tanks, including apparatus for off-loading from railcars and apparatus for unloading to truck transport. Section 4.12.180 a. of the Spokane County Zoning Ordinance allows storage of these inflammable materials upon • issuance of a conditional use peRnit in compliance with the standards of 4.24.140 of the Spokane County Zoning Ordinance. Authority to oonsider and grant such a request exists pursuant to Sections 4.24.010 and 4.24.140 of the Spokane County Zoning Ordinance. The applicant's proposal is for a site of 3,000 sq. ft. and with no frontage on a public road. Sections 4.24.140 b. 1. and 4.12.030 of the Spokane County Zoning Ordinance respectively require a minimum of five (5) acres in size and an unspecified amount of frontage on a public road. Therefore, the application also seeks variances from the area and frontage standards. LOCATION: The property is an approximately 3,000 sq. ft. parcel of leased land located on Union Pacific Railroad operating yard land, approximately 1,200 feet west of Fancher Road, south of the alignment of Valley Way (extended west of Fancher Road), in the SE 1/4 of Section 14, Township 25. Range 43. The land constitutes a small portion of Assessor's Parcel number 14534-9054. DECISION OF THE ZONING ADJUSTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the conditlonal use permit and variances for an initial one (1) year period of time in order to ensure that the various oonditions of approval and terms of installation have been met. The variances are issued only to this project and are subject to the existence of this conditional use permit. Prior to the expiration of one (1) year, (December 15, 1988), and upon request by the applicant, the Zoning Adjustor may administratively extend the conditional use permit and variances for a period not to exceed five (5) years. At any such time as the oonditions of approval are ever found to not be met, the permit shall be reviewed in a public hearing for consideration of revocation or suspension of the permit pursuant to 4.24.010 b. of the Spokane County Zoning Ordinance as amended, or its successor regulation(s). At any time after December 15, 1989, the applicant may request a change of condition hearing for the purpose of establishing the conditional use permit in perpetuity, subject to the condition that any violation of the original or amended conditions of approval may subject the project to a null and void permit as a result of a hearing to conslder suspension or revocation of the permit. The permits are automatically void if the use ceases for more than 365 days. PUBLIC HEARING: Af1er examining all available information on file with the application and visiting the subject property and surrounding area, the Zoning Adjustor conducted a public hearing on November 17, 1987 and rendered a written decision on December 1987. FINDINGS OF FACT r-' E Iv ~ C'`C --l lssi ~ r.,- ~ w . . _ 1L CASE NO. CUE-30-87 and VE-81-87 A-B. ZONING ADJUSTOR FINDINGS PAGE 2 1. The proposal is generaliy located in the central Spokane Valley, on Union Pacific Railroad operating land, approximately 1,200 feet west of Fancher Road) and south of the alignment of Valley Way (were it to be extended westward of Fancher Road and is further described as a portion of Assessors Parcel No. 14534•9054, being more completely described in Zoning Adjustor File #CUE-30-87, #VE-81•87 A•B, and Certificate of Exemption File #CE-311-87. . 2. The proposal is associated with the applicant company wishing to establish a propane sales and distribution service in the greater Spokane area. They propose to do that by establishing a 3,000 sq. h. fenced and secured storage yard containing two (2) 30,000 gallon propane tanks permanently fixed to the ground, adjacent to a railroad siding to the north. The installation would also include a rail off-bading tower whiCh would be contained within the fence and extend over the fence to ariach to a propane railcar. The installation would further indicate a gate, approximately in the center of the south 165 foot fenced area. The fenced area would measure approximately 20 feet in the north/south direction and 165 feet in the easUwest direction. A 10 foot wide asphalt driveway would extend southward to a private paved Union Pacific roadway which in turn extends approximately 1,200 feet easterly to Fancher Road. The 3,000 sq. ft. area of leased property would be surrounded by a 6 foot chain-link fence topped by barbed wire. There would be no other facilities except the off-loading tower, an electric motor and compressor used to assist in the movement of the gas from the storage tanks to the trucks. The trucks would back onto the 10 foot wide driveway to a polnt outside the gate, the gate would be opened and the hoses attached to the trucks for the purpose of installation. The 3,000 sq. ft. area is less than the required 5 acre area and the parcel does not front on a public road as required by the standards for such a permit. The various file documents indicate the details of the off-loading apparatus, the site development plan and the area plan, including Fancher Road and the private road leading to this installation. 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as Industrial and the proposal is consistent with the County's entire Comprehensive Plan, including the Future Land Use Plan. 4. The site is zoned Manufacturing, whlch would allow the proposed use upon approval of this application. 5. The applicant company is an established and experienced propane handler. 6. The existing land uses in the area of the proposal include only rail yard with few tracks in close proximity to the installation. There are facilities presently being built for the Shea Construction Company approximately 600 to 700 feet east. These include a fenced materials yard, a repair garage and corporate offices. There is warehousing approximately the same distance to the nohheast, but in other areas to the north, the west and the south there are very few man-made improvements except those related to rail operating yards. In the rare event of a possible fire or explosion, the Zoning Adjustor was advised that most explosion oocurs by rupturing and a blast force occurring from the ends of these two tanks. In that respect, the zones of the most likely blast and damage are relatlvely free for at least 600 feet to the east and farther (n a westerly direction. All of these nearby and surrounding uses seem quite compatible with this type of a use and are consistent with the intent and purpose of the conditional use permit standard to iry to reserve a 5 acre parcel of land for use. 7. The Zoning Adjustor took under advisement the application at the condusion of the public hearing, with the stipulation that some further discussion may take place with the applicant regarding technical aspects of the project, additional inspection of the . property would take place and that a possible inspection of other similar installations in the Spokane area would be examined for comparison to the proposal. 8. There are no nearby uses which would warrant a requirement for sight- obscuring fencing. . t» d r . • a CASE NO. CUE•30-87 and VE-81-87 A-B. ZONING ADJUSTOR FINDINGS PAGE 3 9. All roads leading from nearby Fancher Road are paved. Various requirements of other agencies and offices were presented in written and verbal testimony to the Zoning Adjustor and the appiicant acknowledged these requirements and indicated that they could concur. 10. The Department of Building and Safety stated that it is their responsibility to regulate the installation of these facilities and do so by Uniform Fire Code Article 82. It is noted that item #2, involving Table #82.105 of the document from the Building and Safety Department entitled "Installation of Liquid Petroleum Tank and Equipment," stipulates that containers shall be located with respect to buildings or line of adjoi~ Rrop.ertjC which may be built upon in accordance with the following table. The table then indicates that container capaeity in excess of 1,200 U. S. gallons needs to be a minimum of 50 feet from a building or line of adioinin9 propguy. It appears unclear whether the standard of 50 feet is from the jeased pro or any buildings in the area. The applicant is advised that the Department of Building and Safety ma more rigid standard and find that the leased property line must be 50 feet from the tanks. This would necessitate an expanded parcel, in excess of the proposed 3,000 sq. ft. parcel. 11. The Spokane County Health District pointed out that any water service to the site shall be coordinated through the Director of Utilities and that such weter service shall be by an existing public water supply. If at a later date any buildings are to be approved, use of an individual on-site sewage disposal system may be authorized upon application. There would be a limitation of the gallons of sewage to be generated and disposed of on site. The Health District further states that the use of private wells and water systems is prohibited. 12. The Spokane County Engineering Department advises the applicant that prior to the release of a building permit for the installation of the tanks, the applicant will be required to submit a drainage plan to the Spokane County Engineer for review and approval. This may necessitate compliance with the so-called 208 disposal techniques. 13. The Spokane County Fire Protection District #1 (Spokane Valley Fire Dept.) submitted the following recommendations. A. No buildings shall be located within 125 feet of the stationary tanks and the railroad siding where the tank cars will be unloading, according to NFPA 58, Table 3-2.2.2. The Fire District points out this would be greater than the 3,000 sq. ft. area proposed. (In fact, the area, including 15 feet of rail space on the north, would be approximately 400 feet long on the south and north side and approximately 285 feet long on the east and west side, for a total of approximately 114,000 sq. ft. or approximately 2.62 acres.) B. The applicant shall provide emergency access from the west and the north by "Knox Box" padlocks. C. The applicant shall also provide adequate fire hydrants for this complex to a point within 500 feet on the south side. Fire flows shall be determined by the Fire District. D. The Spokane Valley Fire Department also requests the oondition in which they would reserve the right to restrict the unloading of railcars during the Spokane Interstate Fair or other large gatherings at the Spokane Interstate Falrgrounds, approximately 1/2 to 3/4 miles to the wesUnorthwest. 14. Subsequent to closing the public testimony at the November 17, 1987 hearing, the Zoning Adjustor did view the similar facilities for the CAL GAS Company, the PETROLANE Company and the SOLAR PROPANE Companies on November 25, 1987. „ - . r ~ ~ r q r. • ' 3P~ r, C' ~.2 b~:° 1 CASE NO. CUE-30-87 and VE-81-87 A•B. ZONING ADJUSTOR FINDINGS PAGE 4 the PETROLANE Company and the SOLAR PROPANE Companies on November 25,1987. The following is a summary of those facilities. A. The Cal Gas Facility constitutes an estimated 16,800 sq. ft. of fenced area and contains two large tanks, similar to those requested by the applicant. The propane is be off-loaded from a rail siding. The fencing is six feet chain-link with three (3) strand barb wire, with no sight-obscuring screening. The nearest structure is about fifteen feet west of the fenced yard area and is a metal quonset hut. There is essentially nothing within several hundred feet to the south and to the esst. Approximately 70 feet north of the fenced area is a long two story warehouse. The facility is large enough to allow large trucks, including a long bed tnudc tank and a long trailer, within the fenced area. A small shed or building for an attendant exists within the fenced area. B. The Petrolane facility is estimated to be 26,800 sq. ft. of 6 feet hlgh chain- ' link, non-sight obscuring, barb wire topped fence. It includes a very.large maneuvering and storage yard for various other presumably unused and empty smaller tanks, which one might find in use at a retail gas station outlet. The single large propane tank is fenced within a northern six foot tall chain-link fence. A small shed for an attendant exists within the larger fenced area. The petrolane facility is bounded on the northeast and the east/southeast by some stored rubber tires and a large sprawling lumber yard. Approximately 100 yards to the south/southwest is the rear of rural or residential structures. Across the road to the north/northwest, leading to the Up River Dam Facility and the Police Academy, is a brand new warehousing facility, approxlmately 50 yards from the fencjng. The Peirolane faciliry is serviced by a railroad siding outside the fence on the south/southwest side of the property. C. The Solar Propane installation constitutes approximately 39,500 sq. ft. within a six foot high, chain-link, barb wire topped, fenced area, oontaining many smaller, presumably unused and empty propane storage tanks suitable for installation ai small retail outlets. The facility also encompasses an office building and a garage structure for oonverting vehicles to propane gas and these two buildings form part of the secured yard. The propane is off-{oaded from a rail faciliry in which the railcar can be brought into the fenced area. The facility contains six very large propane storage tanks similar to those 30,000 gallon tanks requested by the applicant. The land uses around solar propane include the Fairgrounds immediately across the road to the east, a large credit union offce building approximately 100 yards from the fencing to the south and a warehousing facility approximately 100 yards from the fenced area to the north. The land to the west is predominantly vacant land for a considerable distance. 15. Examination of the site indicated it is presently paved at this time and it will be further paved, or remain paved, as needed in the process of installation, including the paved driveway leading to the paved private railroad roadway. 16. The applicant's representative stated that the public would not use this site. In fact, the site would be used by 2 or 3 employees who are also the truc,k drivers. Their offices, retail outlet and additional yard for the storage of small empty propane tanks will be at another location. There will be no road signs or names to attract this facility to the attention of the public. The railroad operating yard does not encourage any access at all from the roadways to the west. The only parcel access is from Fancher Road to the east. The applicant further stated that the isolated site was a particularly good attribute, in that Iack of pudlic road frontage in the area kept the facility far from the view of the traveling public. It also is separated from the traveling public by at least 1,200 feet in the event of a fire or explosion. The applicant further pointed out there were very little, if any, surrounding buildings or public or private improvements which oould be damaged by fire or explosion, and in fact that fire fighting would be quite easily accomplished at this site. Representatives from Fire District #1 later explained that the technique used to fight propane fires is to get near enough to train water on the tanks in order to keep the tanks cool enough to stay below their explosion level. Being able to get to the site from several different directions would prove to be an actvantage of this site. It is also an advantage for this site that there is very little, if anything, inflammable in the general vicinity; thus lessening the danger of fire and ultimate explosions. , , , . e a 0 I CASE NO. CUE-30-87 and VE-81-87 A-B. ZONING ADJUSTOR FINDINGS PAGE 5 17. It was discussed that the five acre size may have been included in the Zoning Ordinance language of years gone by as a five acre size related to the area necessary to store non-pressurized liquid petroleum products in the form of gasoline, oil or kerosene. These products are stored in large tanks and need a large horizontal area to contain a spill or a rupture; hence, the possible requirement for as much as five acres of tand. The applicant stated that there would be possibly two to three railcars unloaded weekly after they have reached their full business status. 18. A representative from the Valley Fire District stated that fire or explosion involving propane tanks mostly occur in transport and not in storage. The Fire District still felt the need to not have any buildings located within 125 feet of the propane tanks. Various ways of effecting this requirement were discussed, including having the railroad grant a-no-build easement around the facility. A more preferred option was to make, as a condition of approval, a requirement that the conditional use permitted variance would ' become null and void at such time as buildings or structures were located yvithin 125 feet of the tanks and off-load area (or an area approximately 400 feet in the easUwest direction and 285 feet in the north/south direction). The Fire District also expressed the need to have a letter of agreement with V-1 Oil that propane rail off-loading may be restricted during such times as the Spokane County Fair, when extremely high population usage of the Fairground occurs. 19. Pursuant to the State Environmental Policy Act, the envjronmental checklist and other data has been reviewed and the project has been found to not have any probable significant adverse impacts to the physical environment. A Determination of Nonsignificance (DNS) was issued on October 28, 1987 and sent to twetve (12) agencies of jurisdiction. The agencies reviewing the checklist neither indicated that a more detailed environmental review should be provided nor commented that the DNS should be reconsidered. Comments regarding the environmental matters were/were not made at the public hearing. There was not sufficient evidence presented pursuant to WAC 197- 11-340 (3) (a) to withdraw the DNS. 20. In lieu of frontage on a public road, the applicant will use, as per the lease agreement with the railroad, the private railroad roadway and an additional 10 feet wide, permission-to-travel roadway extending northerly from the private railroad roadway to the storage area. 21. The applicant has been made aware of the recommendations of various County/State agencies reviewing this project and has indicated the company can comply with those recommendations. 22. The parcel under consideration has been found to compfy with state and local subdivision regulations (see File CE-311-87). 23. No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. 24. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 25. Any conclusion hereinafter stated which may be deemed a finding herein is hereby adopted as such. ~ C 1e ~1 ~ .a 1 t ~ + ♦ 41 L ~ / ~ ~o ° . v \ ' r - i ~ CASE NO. CUE-30-87 and VE-81-87 A-B. ZONING ADJUSTOR FINDINGS PAGE 6 From the Findings, the Zoning Adjustor.comes to these: CCNCLLJSKM 1. The proposal is listed in the Spokane County Zoning Ordinance as a conditional use allowed in the manufacturing zone and the proposal does not meet the estabJished and applicable criteria described for that conditional use. However, the applicant has requested variances from the standards with which the project is in nonoompliance and these variances are being simultaneously granted with this conditional use permit. 2._ The applicant's proposed access, bcated on the railroad private roadway and including the short 10 foot wide access from the roadway to the propane storage yard Is • sufficient substitute for the requirement of continuous frontage on a public road. 3. A Certificate of Exemption can be issued. 4. The variances will not authorize a use otherwise prohibited in the zone. 5. With the oonditions of approval set forth below, the variance will: a) not constitute a grant of special pr'rvileges inoonsistent with limitations on other properties in the vicinity and similar zone; b) ensure that the lntent and purpose of the Zoning Ordinance is achieved wiih regard to location, site design, appearance, and landscaping, etc; and c) protect the environment, public interest and general welfare. NOTE: The situation can only be compared with similar propane installations, notably. Cal Gas, Petrolane and Solar Propane. This installatwn contains a smaller fenced area then the forementioned three similar facilities. However, this installation is solely devoted to the storage of rail off-loaded propane, whereas the other sites have numerous other purposes and spare storage tanks located within their fenced areas. The others are located with frontage on public roads. 8ut, in the case of stored propane and the danger that fire or explosion would present, this location some 1,200 feet from a public road is in the public interest. The other sites are also surrounded by numerous public improvements which may suffer losses if there were fire or explosions on thejr sites. The isolated nature of the subject site and tocation would minimize personal and property damages in the event of a fire or explosion. 6. There are special circumstances applicable to the property which when combined with the standards of the Zoning Ordinance, create practical difficulties for the use of the property and/or deprive the property of rights and privileges common to other properties in the vicinity and similar zone classifications. NOTE: Refer to the immediately proceeding conclusion, as well as make note that a five acre lease would lend no more assurance to minimal land use conflicts then would the requlrement to be imposed herein, whereby future improvements located within 125 feet of the 3,000 sq. ft. fenced propane yard will result in the conditional use permit being voided. The 125 , foot distance of no buildings or structures is not arbitrary, but comes upon the recommendation of Fire Protection District #1. 7. Granting the variance will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zone. 8. Granting the variance will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zone. 9. Strict application of the zoning standards does create an unreasonable burden in light of the purpose to be served by the standards. NOTE: The installation, as conditioned, will be as protective of the public interest and the general welfare as would the application of the 5 acre standard. In the case of the required froatage on a public road, that would simply place the facility, as are many of the competitors of V-1,011 i~r , ~ • _ ' _iJ~-11~1.~ CASE NO. CUE-30-87 and VE-81 •87 A-B. ZONING ADJUSTOR FINDINGS PAGE 7 close proximity to the traveling public where risk of fire or explosion may present a greater danger to the public. 10. The case for the variance was not supporied by substantial reference to or reliance upon illegal or non-conforming precedent(s). 11. Granting the variance will not adversely affect the overall zoning design, plan or concept for either the immediate area or the entire County. 12. The case for a variance was not based substantially upon a lack of reasonable economic return nor a claim that the existing structure is too small. ' 13. Granting of the variance will not be inconsistent with the general purpose and intent of the Comprehensive Plan. 14. The granting of the variance will not result in defacto zone reclassification. 15. The requested variance ls not substantially for the purpose of dreumventing densiry regulations designed to protect the Spokane Valley-Rathdrum Prairie Aquifer. 16. Various performance standards and criteria are additionally needed to make the use compatible with other pemnitted activities in the same vicinity and zone and to ensure against imposing excessive demands upon public utilities and these shall be addressed as conditions of approval. 17. The proposal will not be detrimental to the Comprehens'rve Plan or the surrounding properties. 18. The Zoning Adjustor may require such conditions of approval as necessary and appropriate to make the project most compatible with the public interest and general welfare. 19. Any finding hereinbefore stated which may be deemed a conclusiOn herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal, including acting on behalf of the Subd'nrision Administrator to approve the associated Certificate of Exemption(s). The following CONDITIONS OF APPROVAL ARE STIPULATED. The conditional use permit and variances are issued for an initial one (1) year period of time in order to ensure that the various conditions of approval and terms of installation have been met. The variances are issued only to this project and are subject to the existence of this oonditional use permit. Prior to the expiration of one (1) year, (December 15, 1988), and upon request by the applicant, the Zoning Adjustor may administratively extend the conditional use permit and variances for a period not to exceed five (5) years. At any such time as the conditions of approval are ever found to not be met, the permit shall be reviewed in a public hearing for conMderation of r 04 - - ~ • ' ' •s I i . > ' _ CASE NO. CUE-30•87 and VE-81-87 A-B. ZONING ADJUSTOR FINDINGS PAGE 8 revocation or suspension of the permit pursuant to 4.24.010 b. of the Spokane County Zoning Ordinance as amended, or its successor regulation(s). At any time after December 15, 1989, the applicant may request a change of oondition hearing for the purpose of establishing the conditional use permit in perpetuity, subject to the oondition that any violation of the original or amended conditions of approval may subject the project to a null and void permit as a result of a hearing to consider suspension or revocation of the permit. The permits are automatically void if the use ceases for more than 365 days. CONDMONS OFAPPROVAL I. GENERAL , 1. The following conditions shall apply to the applicant, owner and successors in ' interest. 2. Failure to comply with any of the conditions of approval contained in this decision, except as may be relieved by the Zoning Adjustor, shall constitute a violation of the Zoning Ordinance and be subject to such enforcement actions as are appropriate. 3. The Building and Safety Department shall assist in ooordination of this decision by routing building permit application(s) to the various deRartments and agencies which participate in or take actions to ensure that various required written documents have been executed and filed. 4. The variances are affixed to the conditional use permit and if the oonditional use permit is voided for any reason whatsoever, the variances are voided. 5. Any installation shall be in substantial conformance with the file documents. II. PLANNING DEPARTMENT 1. Prior to the release of building permits, the applicant, heirs or assigns will submit to the Spokane County Planning Department documentation reoorded in the Spokane Counry Auditors Office indicating that the lease has been filed including the legal description of the land actually leased from the railroad. This shall be filed against the property records for a portion of Assessor's Parcel #14534-9054. 2. Site development shall occur in substantial conformance with the various file documents indicating the site plan off-loading equipment, including a six (6) foot tall chain-link fence, which need not be sight•obscuring, but including three (3) strand barb wire. 3. Particular attention is drawn to the Department of Building and Safety condition of approval III. 2.,which a reading of ID.ay reyuire the execution of a new site plan and lease fos a;evised parcel prior to Pianning Department sign off. 4. Attention is also drawn to condition of approval VII. 4., whereby a oopy of the memo of understanding must be filed with the Planning Department prior to sign off of a building permit application. III. DEPARTMENT.OF BUILDING 8 SAFETY 1. The installation shall be erected in compliance with the Uniform Fire Code, Article 82. If, as a result of Table #82.105, the Department of Buitding and Safety requires the lease property line to be at least 50 feet from the tanks themselves, athe site `y ~ 'pr , 3 i ~ CASE NO. CUE-30-87 and VE-81-87 A-B. ZONING ADJUSTOR FINDINGS PAGE 9 plan and the lease shall be so modified by this condition as to result in a new lease agreement and a new site plan being reviewed and approved by the Zoning Adjustor prior to the Planning Department sign off. 2. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments and agencles which participate in or take actions to ensure that various required written documents have been executed and filed, with particular attention drawn to the Department and Building and Safety handout entitled "Installation of Liquid Petroleum Tank and Equipment". NQTE: Particular attention shall be qiven io coordination of the reauirements of Snokane Coun y Fire Protection District #1 as set farth in VII below. includinQ the memo of understandinqlagreemeni between the apQlicant and the Fire District. IV. UTILITIES DEPARTMENT None is applicable/appropriate. V. HEALTH DISTRICT 1. Sewage disposal shall be as authorized by the Director of Utilities. Spokane County. 2. Water service shall be coordinated through the Director of Utilities, Spokane Counry. 3. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social and Health Services. 4. Subject to specific application approval and issuance of permits by the Health Officer, the use of an individual on-site sewage system may be authorized. 5. As per Spokane County Commissioners Resolution, there shall be no more than 3,600 gallons of sewage generated per acre per day and disposed of below the ground. 6. The Aquifer Sensitive Area 4verlay Zone Regulations require nan-ground disposal for any sewage generated. Alternative disposal methods include holding tank, lagoon, sewer hook•up or Department of Ecology Discharge Permit (into surface water). 7. Use of private wells and water systems is prohibited. VI. ENGINEERING DEPAR "I'ME.N1' 1. Prior to the release of a building permit, a drainage plan shall be prepared and submitted for review and approval to the Engineering Department. VII. SPOKANE COUNTY FIRE PROTECTION DISTRICT #1 1. No building or structure for which a building permit is lawfully required shall be erected within 125 feet of the stationary tanks and the railroad siding where tank cars will be unloaded, reference NFPA-58 Table 3-2.2.2. This woulct secure an area„ B•,' r~ approximately 400 feet on its north and south dimensions and approximately 285 feet _ . . I CASE N0. CUE-30-87 and VE-81-87 A-8. ZONING ADJUSTOR FINDINGS PAGE 10 on the east and the west dimensions, with a.3,000 sq. ft. area plus siding located in the middle of an approximately 2.62 acre area. 2. Prior to issuance of building permit(s), the applicant shall provide plans and assurances for "Knox Box" padbdcs on the west and north sides of the fenced compound. 3. Prior to issuance of building permit(s), the applicant shall initiate and install adequate fire hydrants, as determined by an improved standard of the Fire District, within 500 feet of the south edge of the fenced oompound. 4. The Fire Department resenies the right to restrict the unloading of railcars during the Spokane Interstate Fair or other large gatherings at the Spokane Interstate Fairgrounds. Such an agreement in principal shall be executed by the applicant company and the Fire Chief of the Spokane County Fire Protection District #1 in a letter/memo of understanding. This agreement shall be executed prior to the issuance of building permit(s) and a copy filed with both the Planning Department and the Department of Building and Safety.. NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS CAN BE RELEASED PRIOR TO THE LAPSE OF THE (10)-DAY APPEAL PERIOD. HOWEVER, THE COUNTY NAS NO UABIUTY FOR DCPENSES AND INCONVENIENCE INCURRED BY THE APPUCANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL DATED this .44y-day of December 1987. Thoma . Mosher, AICP Z g Adjuster Spokane County, Washington FILED: 1 ) Applicant 2 ) Parties of Record 3) Spokane County Engineering Department 4) Spokane County Health District 5) Spokane County Utilities Department 6) Spokane County Department of Building 8 Sefety 7) Planning Department Cross-reference File and/or Electronic File 8) Spokane County Fire Protection District #1. NOTE: ONLY THE APPUCANT OR AN OPPONENT OF RECORD MAY FlLE AN APPEAL WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL MUST BE ACCOMPANIED BY A$100.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance) ` i . ' J • . ~ • z 0 • L r 1 ~ . , , W • ~v,V I ' . J. STATE OF NEBRASKA ) ) County of Douglas ) ~ On thi s~.~ ~ day of , 19 before me ~ V persona y appeared C. 0. DURHA , to me known to be the . Director of Real Estate of OREGON-WASHINGTON RAILROAD & NAVIGATION COMPANY and UNION PACIFIC RAILROAD COMPANY, the corporations that executed• the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporations for the uses and purposes therein mentioned and on oath stated he was authorized to - execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. . . lqyfta-ry Pub 'c n and for the Sta o Nebraska Mj~/ com ssion expire ~y90 ' 6fN~t ~OTARYSt~e ~d 6E~AlD w. ~ 1t11 Ocm Em AuO. 21.19~ . ~ ~ . f~ r I V ED t., ~ L J U L 16 1537 V_1 0:1 I~AHO f AllS, 1DAH0 „-L I i.` : .:i ' . . . ~ , i . ~ ~ , . - " ~ - `f E D FL.aKMABLE LInUID - DEVICE . . _ . . A. The Lessee further covenants that in the use of the Premises Lor the purpose hereinbefore mentioned the Lessee will compl}• with ana abide by Department of Transportation regulations as set out in 49 Code of Federal Regulations Parts 100-199, as amended from time to time, and provisions contained in the follow- ing circulars of the Bureau of E.Yplosives, Association of American Railroads, including any- and amendments and supplements thereto : Circular No. 17, dated March 30, 1969, entitled "RU LES AItiD RECOMM£NDATIONS RELNTING TO THE LOCATION OF LOADING R.ACKS, LPr'LOADING POINTS, A.ND STOR.AGE FACILITIES FOR A.~TY FL.~►'~:'1A3LE LIQLiID WITH FL.ASH POIhT BELOk 20°F (IIr'CLUDING GASOLINE, ETC.)". . Circular No. 17-B, dated March 30, 1969, entitled "RULES RELATItiG TO THE UNLQADING OF TAINK CARS OF THr. DOT-lOSA, DOT-111A, DOT-112A AND DOT-114A TYPES CONTALNING LIQUEFIED PETROLEUM GAS (BUTAIvE OR PROPANE) AND THE LEASING OF TRACKS . OR RAILRO.AD PROPERTY .4DJACENT THERETO FOR THIS PURPOSE". Circular No. 17-D, dated March 30, 1969, entitled "RECO:K.'1ENDED PRACTICE FOR THE PREVENTION OF ELECTRIC SPARKS TH.A,T MAY CAUSE FIRE DURING THE TRANSFLR OF FLkMM..a-BLE LIQUIDS OR FLAMM.ABLE COMPRESSED GASES TO OR FROM RAIL EQUIPMENT kND STORAGE TANKS". Circular No. 17-E, dated March 30, 1969, enti. tled "p.ECCMMENDED PR4CTICE FOR THE PREVENTION OF ELECTRIC SP.4RKS THAT MAY CAUSE FIRES IIr TAI`kS OR TANK CARS CONTAINING ' FL.AMMABLE LIQUIDS OR FLA►MMABLE COMPRESSED GASES, DUE TO PROXIMITY OF WIRE LINES". The Lessee, at the Lessee's own sole cos.t and elpense, , shall provide to the Lessor a Certificate of Insurance certifying to the effectiveness of insurance as follows: General Public Liability providing bodily injury and p ropert}• damage coverage with combined single limit of at least $1,000,000 each occurrence, a portion of which may be self- insured with the consent and approval of the Lessor. • Such insurance shall be endorsed to provide contractual liability assumed by the Lessee under this Agrcemenc, and that coverage shall not be cancelled or changed without giving thirty (30) days' prior written notice [o Lessor, c/o Manager - Insurance, 1416 Dodge Street, Omaha, Nebraska 68179. • -~V ED 1987 . v-, C,L c:o. IUAHJ FA! L5, IDANO "'~.-'Y~~'`l's'+..'"*tj'.x:.::E/{a:«l[I"xo ",~y~.diliuSL:.h111►1.~.'aL[e:t-Ea1iI%.ex..~a...wan...~... ~ . • . ~ 8. The Lessee is also granted the right, subject to the te:ms of this Lease, to provide, maintain and operate on the Premises , a suitable overhead unloading device in the location showrn on the attacned print, and appurtenances the=eto (herein- after collectively the Device); which Device shall be installed, maiztained and operated in accordance with (a) tlnion PaciFic Coirmon Standard Drac:ing C. S. 387, adopted December 30, 1922, revised March 22. 1961, and supplements thereto and amendments and reissues thereof, the same by this reference being made a part hereof; (b) the four circulars of the Bureau of Explosives, Association of .American Railroads, described in Paragraph A- above, and supplements thereto and amendments and reissues thereof; and - (c) the requirements of any local ordinance,'or state or federal laws in effect d•sring the term of this Lease. Copies of such draking and circulars are on file in the office of the Chief Engineer of the Lessor and a copy of each has heretofore been furnished to the Lessee. All work in conneccion with the installation and maintenance of the pipe lines appurtenant to the Device where they cross underneath any track of the Lessor shall be done unde: the supervision and to the satisfaction of the Lessor and all work in connection with the installation, mainte- nance, operation, repair and renec.•ai of all portions of the Device shall be done to the satisfaccion of the Lessor. The Lessor shall have the right, but shall not be obligated, to inspect the Device from time to time to determine that the Device is being maintained in a proper manner, and in the event such inspection reveals any improper condition, the Lessee shall, upon notice from the Lessor specifying such condition, promptly, and at the sole e:cpense of the Lessee, remedy such condition to the satisfaction of the Lessor. • The Lessee agrees that whenever compliance c:ith the require- ments sEt ouL in [he drawing and circulars necessitates the furnishing of labor and materials by the Lessor, the cost thereoL shall be paid by the Lessee to the Lessor within thirty (30) days after bill rendered. A1l flammable liquids or compressed gasses to be unloaded from a tank car on or adjacent to the Premises shall be unloaded from the top of the car only by means of the Device hereinabove provided for. ~ ~ D , ' . . , , - ` li ~ •n / Jl.% i ~ V-, IDAO'ID Within thirty (30) days af tec the termin3tion o f this Lease howsoeve:, the Lesseo- shall, at the sole empense of the Lessen, remove the Device Lrom the Premises and restore co the satisfaction of the Lessor such Premises to as gooa condition as it was in at the time of the installation of the Device; and if the Lessee fails so ta ao, chr Lesscr may do suc^ !.;or:r.- of reTovai and restoration at the expense of the Lessee. C. The Lessee agrees that artiFicial lightir.g in puop houses, warehouses, or other enclosu res where oil or other flamma- ble liquids or g3ses are handied or stored on the Premises shall be by electricity, and the eleccric lighting, system and any other electrical instailation on the Premises shall contorm to and be maintainea in accorriance with the provisions of the . current edition of the ''ational Electrical Code with respect to Class I Hazal-aous Locations, and also in accordance with require- ments of any local ordinance, or state or federai laws in effect during the term of this Lease. D. The Lessee agrees that onlv normetallic taoe shall be used for measuring the quantity of flammable Iiquid in storage tanks whenever it may be necessary to measure the contencs thereof through any opening in the top of such tanks. E. The Lessee agrees that whenever it shall be necessary to drain flammable liquids through openings in the top of any sto:age tank only a rubber or fabric covered hose properly grounded with positive bond between couplings and of a type approved by the Underwriters' Laboratories, Inc., shall be usEd for the purpose. F. In addition to all other covenants of inaemni[y contained in this Lease, the Lessee agrees to indemnify and hold harmless the Lessor, its-officers, agents ana employes, against . and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including, but not limited to, court costs and attorneys' fees, which may result from injury to or death of persons whomsoever or damage to or loss or destruction of propertS•whatsoever. including, but not limited to, damage to the roadbed, tracks, equ i pmen t or othe r p rope rty o f the Lessor or property in its care or custody, when such injury, death, loss, destruction, or damage is due to or arises because of the existence of the Device regardless of any negligence on the part of the Lessor, its officers, agents and employes, or the installation, maintenance, operacion, repair, renewal, modification, reconstrvction, relocation or removal of the Device, or any por[ion thereof or accessory thereto, and the Lessee dozs tie:eby release the Lessor from all liability for damages on account of inju ry to or destruction of the Device from any cause whatsoever, regardless of an}• negligence on the parz of Che Lessor, its officers, agents or employes. . , . , . . ; : . , ~ C. E i • . . i~~l ~ ' . . • ~ • . . • , . . . ~ : ' ' ' 7 1 L'..: F•: , : . . ~ ' . ~ r r- . 1 : J ~ . ROADWAY - NON-EXCLUSIVE A. The Lessor hereby grants to the Lessee, subject to the terms and conditions herein stated, the right to construct, and thereafter during the tArm hereof, to maintain and use 8 roadway (Roadway) in the location shown on the atteched plat. The Roadway shall be constructed, mafntained, repaired, renewed, modified end reconstructed by and at the expense of the Lessee, and a11 work in connec- tion therewith, on the property of the Lessor, shall be done under the supervi- sion of and in accordance with plans 8pproved by the Lessor so as not to create g stumbling hazard. If it should become necessary to remove, modify or recon- struct eny portion of the Roadway for maintenance or operation of the right of wey and/or trackage by the Lessor, such removal, modification and reconstruc- tion shg11 be 8t the sole expense of the Lessee. In connection with the above construction, maintenance, repair, removal, modification and reconstruction, the Lessee sha12 also, at its expense, perform the necessary grading to insure that drainage will be carried away from the tracks of the Lessor. It is understood and agreed that the use of the Roadway for the purpose herein specified is not exclusfve, and said Roadway is to be used jointly with 'the Lessor and wfth others to whom the Lessor has given or may give similar rights. The Lessor reserves unto itself, its successors and assigns, the right to grant others the use of the Roadway and grant licenses or easements for public utilities upon, end along the Roadway, on , above and below the surface thereof. B. In additfon to all other covenants of indemnity contained in this Lease, the Lessee agrees to indemnify and hold harmless the Lessor, its offi- cers, agents and employes, against and from any and all liability, loss, damag- es, claims, demands, costs and expenses of whatsoever nature, including, but not limited to, court costs and ettorneys' fees, which may result from injury to or death of persons whomsoever or damage to or loss or destruction of prop- erty whatsoever, including, but not limited to, damage to the roadbed, trecks, equipment or other property of the Lessor or property in its cere or custody, when such injury, death, loss, destruction, or damage is due ta or arises , because of the existence of the Roadway regardiess of any negligence on the part of the Lessor, its officezs, egents and employes, or the installation, maintenance, operation, repair, renewal, modification, reconstruction, reloca- tion or removal of the Roadwey, or any portion thereof or eccessory thereto, end the Lessee does hereby release the Lessor from all liebility for damages on account of in,jury to or destruction of the Roadway from any cause whatsoever, regordless of any negligence on the part of the Lersor, its officers, egents or employes. Upon the termination or expiration of this Lease, howsoever, the Lessee shAll, at the expense of the Lessee, remove the Roadwey, such removal to be cerried out in accordence with the provisions of this Lease. , : m.. , ~ - - ~ - - + ~ ' ~ ~ ~ ~ ~~-a a ~ • . ~ - . n ~ T ~~p~MG ~~IER . ~J ~ r ~ , ~ ~ ~ !l ~ ~ . , e.s ~ , ..~r•.. •'~'i' •::,.h ;r;,: ~ , ":'r,';:::;:?". ~1ftEA ~ ~;E'1'3"5C. FT. :~tit~ 16S : ~ , ~ r ~ ~ ' ~ltN L]Fllt FEHCE ~ i P4LE 6 ~ ~ LIGIiT ~ 1 , . ~ H "T ~ ~Q~ ~ ~ 40 .f ~ ' ~ . _ ~ , • N ti ~ ~ qt W ~ ~.r~ti ~ l ~ ' . t.l on ~ F W ' ' ~ ~ ~ ~ ~ ' ~ o . ' ? ' ' • ~ ~ ~ 4 , ~s . y~ ~ ~ . _ ~ . S m ~ g ~ ' k . ~ 4 ~ ~ ~ ~ ~ ~ ~ , _ _ - -r ~ ~ ~ ~ ~ ' ~ 4 + - L7 ~ r~ ~ . f ; • . ~ ' • d~f • ~ W - ' . a a ~r ~ : . ' ~ rn ~r a! ~i`- r - + t ~ . ~ ~ , r ~ ~o ~ ~ y ~ 0 , • ~ I . , ~ ~ ~ I I ~8 ~ FANGHfR ROaD , ~ ~ - ' r.,,~ F*~ t r"~'~'~ ~rr~ ^ , }..4.,T 1 , • . , - ~ , ~ ~ ~ , ~ ~y • ~ . { r ~ ~ - • ~ - _ + ~ y~ 5~.. 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