20200306City of Idaho Falls Comment.pdf

CHARLES H. MoNreruce
ATTORNEY AT LAW
426 NW I62ND STREET
SEATTLE, WASHINGTON 98I 77
(206) 546. r 936
FAX: [phone]
6lvlarch 2020
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Ms. Cynrhia T. Brown
Chief, Section of Administration
Surface Transportation Board
395 E Street, SW
Washington, DC ZO4Z3
Dear Ms. Brown:
Et2-R- 4o-ol
Re: Eastem Idaho Railroad - Abandonment Exemption -in Bonneville County, ID, AB 1252 (Sub-no. lX) -
( I ) statement of willingness [FEE WAIVER REeUESTED]
(2) Fee waiver request for filing of statement of willingness;
(3) Request for public Use Condition
This letter and attachment are for filing on behalf of the City of ldaho Falls(Idaho), hereinafter referred to as ,.City.,,
summary: city supports issuance of a Notice of Interim Trail use for the entireline at issue in this proceeding, and plans to negotiate to acquire said line,including the historic railroad bridge across the Snake River at sportsman park, fortrail use as part of the city's compiehensive trail system.
Background: City is a unit of local govemment within the State of Idaho. Theentire rail line (approximately 0.76 mile) proposed for abandonment in thisproceeding is within the City. city concurs with the Notice of Exemption filed byEastern Idaho Railroad insofar as it represents that the line at issue in thisproceeding has had no users in the past two years (City understands the period ofnon-use began prior to 2014), that the proputy is suitable for public use (trail),and that the city is interested in acquiring it " prop.rty, including the bridge.
- The City conducted an extensive study of means to enhance pedestrian andbicycle transportation within the city and neighboring communities as part of its"Connecting our community" proJect. A coriprehensive report (and Appendices)
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dated November 2014 aflslng from that study may be found at the following webaddress
Suffice it to say that the line at issue here encompasses a railroad bridge over theSnake River. The City wishes to obtain the line and bridge for trail purposes inorder to link the downtown to Sportsman Park (avery popular local destination),and for other trail connectivi ty purposes. Indeed,development of the bridge andapproaches is one ofthe ten priority projects identified in the aforementionedConnecting Our Community study, and is discussed therein as "Project 8.,,Amongother things, the study concluded that.,[t]his project would provide another looptrail connecting to Downtown Idaho Falls, improve access to Sportsman Park,improve the Greenbelt Trail behind the library, iltd provide additional access to theGreenbelt Trail system for users east of Yellowstone Highway Report, p. C-17.,,
In short the City's interests in acqlrlnng this for public purposes are based on acomprehensive study and are of long duration.
l' Statement of willineness. Based on research to date, it appears to the Citythat the right of way is federally-granted. To ensure the right or*y is transferred
intact, the city expects to seek to acquire it pursuant to 16 u.s.c. rza\(d). TheCity accordingly is providing (as an attachment to this letter) a.,statement ofwillingness" (49 c.F.R. rrsz.2g) for firing in this proceeding.
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Pursuant to 49 C.F.R. loo2.2(e)(I), City r"quot, *"iver of the r.. ro, filing astatement of willingness. City qualifies for the waiver: City is a unit of localgovernment and is not acting in a corporate or govemment subsidizedtransportation company capacity.
3. . pursuant to 49 C.F.R. tt52.2g(a)(2), Citymakes the following four representations in support ofthe public use condition setforth in (i) below:
(i) Condition requested. city requests the following condition on any effectiveabandonment providing authorization: EIRR may not dispose of the line othertfan for public purposes and use for a period of t80 days after the effective date ofthe abandonment authorization.
- (ii) Public importance. As explained in the section entitled.,Background,, in thisletter, the city has long identified the line in question as an important componentof its connecting our community project to establish a comprehensive andconnected non-motoized,transportation infrastructure in Idaho Falls, serving its
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downtown, University of Idatre-Idaho Falls, local neighborhoods, and adjacentcommunities- lndeed, acquisition of this project is one ofthe city,s top tenpriorities in that regard.
(iii) Timeperiod. 180 days.
(iv) Justification of time period. Negotiation of trail use agreements typicallytake more than 180 days. seg sTB Ex parte 753, served Dec. 4,zlrg,srip op. at4-5.
4' Further cor.nments- The City reserves the right to make further comments asjt deems appropriate, ard otherwise supports prompt issuance of a Notice ofInterim Trail Use (NITtr) in this pro".iaing, which we understand is a resultacceptable to, and anticipated by, EIRR.
certificate of Service. The undersigned hereby certifies service on counsel forEIRR (Mr. wimbish) on 6 March 2o2o by email and by usps, posrage pre-paid, athis address and email as set forth in the cc. below.
Charles H. Montange
Counsel for City of Idaho Falls
Att. (Statement of Willingness)
cc. Randall Fife, Esq.
City Attorney, City of Idaho Falls
P.O. Box 50220
Idalro Falls, Idaho 83402 (w/att.)
Robert A. Wimbish, Esq.
Fletcher & Sippel LLC
29 North WackerDrive, Suite g0O
Chicago, Illinois 60G06-2832
(by USPS, first class, and
Email ro ) (datt.)
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Before the Surface Transportation Board
Eastern ldaho Railroad - )
Abandonment Exemption - )
In Bonneville County, ID )
AB-7252 (Sub.no. 1X)
STATEMENT OF WIILTNGNESS TO ASSUME
EINANCIAL RESPONSIBILTTY
rn order to establish interim trail use and railbankingunder 1-6 U.S.C. l24i (d,) and 49 C.F.R.
'LSZ.2g, The City of IdahoFall-s ("ci-ty" or "rnterim Trail user,,) is wilring to assume furlresponsibility for management of, for any lega1 liabirityarisj-ng out of the transfer or use of (unless the user is immunefrom liability, in which case it need only indemnify therailroad against any potential liabil-ity), and for the paymentof any and all taxes that may be levied or assessed agalnst theright-of-way owned by Eastern fdaho Railroad (..EfRR,,) andoperated by same. The property, known as the old Butte MainLine, extends from the beginning of abandonment at rairroadmilepost 184.14, near the yell0wstone Highway, to the end ofabandonment at railroad mirepost 1g4.90, near Broadway, adistance of approximately 0.76 mires, in the city of rdahoPa11s, Bonneville county, rD. The right of way is part of a rineof railroad proposed for abandonment in srB docket AB-12s2 (sub-no. 1X) .
A map of
attached. 1
the property depicting the right of way is
City acknowledges
the user's continuing
that use of the right of way is subject toto meet its responsibilities described
1 The map is the same used by EIRR in connection with its noticeof exemption in AB-1252.
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above and subject to possibr-e future reconstruction andreactivation of the right of way for rail service. A copy ofthis statement is being served on the railroad on the same dateit is being served on the Board.
Name:Charles H. MontangeTitle: Attorney for The City of fdaho EaLlsAddress: Law Offices of Charles H. Montange,426 NW 162d St., Seattle, WA gg]-77Email: c.mon tanqe0 fron tier. com
Of counsel: Randall D. Fife, Esq.City Attorney
Law Department, City of Idaho FallsP.O. Box 50220Idaho Fal1s, fdaho 93402TeI: 208-6t2-9177Fax: 208-6]-2-8175Email: rfifeGidahofat lsidaho. clov
Attachments: Map (Appendix A, as supplied by EIRR)
cc. Robert A. I{imbishEletcher c Sippel LLC
29 North lrlacker Drive, Suj_te BOOChicago, Illinois 60606-2g32(by USPS, first class, andEmail to rwimbish 0fletche r-sippel. comCounsel for EIRR cc. Robert A. Wimbish
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