maneuvering cannot use the public "right-of-way." A challenge to the scope of this condition is <br />baffling because the prohibition on use of public right-of-way is literally stated in the very first <br />sentence of the condition. The basis for the condition in the written approval even identifies the <br />specific road/public right-of-way at issue, stating "[t]he freight loading activities at the northern <br />edge of the Shopko building will need to all occur on site with no maneuvering within the right- <br />of-way of Crescent Avenue." (Ex. 3, at 4) (Emphasis added.) <br />LSL's contends, however, that the "site" in this condition is limited to the Property <br />rather than shopping center that was actually at issue in SR 88-11. The 1988 Plans, however, <br />explicitly show that truck maneuvering, i.e., "turn around" is allowed to occur off the Property <br />on the adjacent parcels in the shopping center. The right to do so was confirmed in the final <br />plans for SR 00-13, which also included the turning radii from the loading dock area. (See <br />images on page 17 above.) <br />This theory is also undermined by the 1988 Cross-Easement Agreement (the <br />"Agreement")" governing the shopping center's driveways, parking, and other common areas, <br />which was executed as part of the original development and submitted to the City during the <br />review of SR 88-11. This Agreement explicitly provides for truck maneuvering across all <br />properties within the shopping center. The Agreement states that the shopping center owners, <br />tenants, and other occupants have the right to use all "Common Areas" (Agreement, ¶ 1.03) <br />which include areas devoted to parking, approaches, exits, entrances, interior roadways, service <br />roads, and other similar areas-for "vehicular traffic, over, upon, across and between each Site <br />and the public streets" (Agreement, ¶ 2.01.2), as well as for "service facilities (which includes <br />" Attached as Exhibit 12 to WinCo's August 3, 2020, letter to the City (Exhibit 7). <br />Page 21 - WinCo Foods, LLC's Response to Appellants' Statements of Alleged Errors <br />MILLER NASH GRAHAM & DUNN LLP <br />ATTORNEYS AT LAW 4816-6071-2143.6 <br />TELEPHONE: 503.224.5858 <br />3400 U.S. BANCORP TOR'ER <br />I11 S.W FIFTH AVENUE <br />P ORTLAND. OREGON 97204 <br />