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Building tenants say two year elevator closure on ped bridge violates county easement

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Residents of a multi-building apartment complex in Northwest Portland say their mobility has been unfairly restricted due to a broken elevator, and they want building owners to do something about it.

Last week The Yards Tenant Union — a group made up of folks who live at The Yards Union Station, a five-story, 128-unit building between the tracks at Union Station and Northwest Naito Parkway — sent a letter to Walter and Eric Grodahl; managing members of DBG Properties LLC.

The tenants allege the building has been out of compliance with an access easement for more than two years — an easement that requires building owners to maintain the elevator on their side of a pedestrian bridge that goes over railroad tracks between NW Naito and Union Station, and provides access to the transit mall on NW 5th and 6th avenues. Below is an excerpt from the letter:

“Because the elevator has remained inoperable for years, mobility-impaired residents are effectively cut off from the Transit Mall and surrounding transit access. The bridge is the only practical pedestrian connection across the rail corridor. The stretch of NW Naito Parkway surrounding it, which contains more than 1,000 apartment and condominium units, has no cross streets for approximately 1,000 meters between the Steel Bridge ramp and NW 9th Avenue.”

Broken elevators that are meant to service pedestrian bridges are a persistent problem in Portland, and bicycle riders are hit especially hard. Due to vandalism and difficulty obtaining parts, the Portland Bureau of Transportation has failed to provide reliable access to the Bob Stacey Crossing and the Gibbs Street Pedestrian Bridge. TriMet has had similar issues with a pedestrian bridge at SE Lafayette St. For people able to walk on stairs, these closures aren’t a major issue; but it’s a different story for bicycle riders who have to carry themselves and their (often very heavy and awkward) bicycles up and down them. It’s also frustrating that bike ramps are a more reliable alternative to elevators that often get passed over due to an alleged lack of funding.

According the easement, maintenance of the bridge between their building and Union Station are split between DBG Properties and Prosper Portland (owners of Union Station).

For The Yards tenant Michelle Ryding, the broken elevators on the Union Station Bridge have caused major mobility issues. “I can’t use the bridge to get to or from work because I’m not able to carry my bike up and down the stairs,” she shared with BikePortland via email. “And when freight trains block the crossings, it would make a huge difference to be able to load into the elevator and go over the tracks instead of being late for work.”

The Yards Tenant Union believes DBG Properties is in violation of the “meaningful access” clause in their easement. The easement agreement filed with Multnomah County (Recording No. 2015-034466) includes a section that states: “In the event that Grantors, or any one of them, fail to perform their obligations under this Agreement, the City shall be entitled to require such performance by suit for specific performance or, where appropriate, through injunctive relief.”

In their letter, dated February 11th, the tenant union made five demands:

  1. Within 10 calendar days of receipt of this letter, identify in writing the elevator contractor retained to perform repairs to the Yards-side pedestrian bridge elevator, including the contractor’s name, license, and scope of work.
  2. Within 14 calendar days, provide a written repair plan and schedule, including an estimated date that service will be restored.
  3. Return the Yards-side elevator to full operable condition no later than 45 calendar days from receipt of this letter.
  4. Provide a written commitment to ongoing maintenance and prompt repair sufficient to keep the elevator continuously operable, consistent with Section 2.3 of the Easement Agreement and applicable accessibility requirements.
  5. Identify a named individual with responsibility and authority for elevator operation, maintenance, and compliance with accessibility requirements going forward.

If DBG does not address these demands, the union plans to escalate the issue through ADA and building code enforcement channels. District 4 city councilors were copied on the letter.

In the meantime, folks like Michelle Ryding will have to continue to find other routes. Ryding says despite the closure, she still uses the bridge, but it means waiting until she can convince a passerby to help lift her bike up and over the stairs. “Not being able to access the bridge doesn’t just affect my commute. It means I’m less likely to visit shops, stores, or restaurants on the other side, too,” Ryding says.

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