173482 ~ Bonita Road ~ I-5 i
f s - Eeeo
southern POCMA
Transportation Company
Room 251-N Union Station • 800 Northwest Sixth Avenue • Portland, Oregon 97209 IN REPLY PLEASE RRPER TO
C.T.BABERS February 20, 1976 L-173482
SUPRRINTENDENT (Tigard)
W. F:. CURAlkR. JR.
ASSISTANT SUPERINTENDENT
J. W. FRRQUSON
DIVISION ENGINEER
Tigard Water District
8841 SW Commercial Street
Tigard., Oregon
97223
SUBJECT: L-173482 - 16 inch ductile iron
water pipeline at MP 749.66 -
TIGARD
Gentlemen:
Attached for your records is fully executed counter-
part of our Form CS 3572 terminating Lease 173482.
Yours truly,
Attach.
(Approved anto farm by General Counbw C.S.3572
December 3, 1958)
( Lem )
Termination of ( udit No 173482
It is mutually agreed that that certain agreement entered into by the undersigned, or the respective
predecessors of undersigned, date- October 26 , 191.x, covering
a sixteen (16) inch ductile iron water pipeline, milepost
749.669
at or near Tigard State of Oregon , is hereby terrni,
nated on October 26 19 75
Such termination shall not release any party hereto from any liability or obligation under the agreement
hereby terminated, whether of indemnity or otherwise, resulting from any acts, omissions or events happen-
ing prior to such termination or thereafter in case by the terms of said agreement it is provided that any-
thing shall or may be done after termination thereof.
Dated at Portland, OR February 10 1976
SOUTHERN PACIFIC TRANSPORTATION COMPANY
y a,
Division ear -7
WITNESSED BY:
( to
Don W. Thomas
v'
Robert E. Santee, Administrator Chairman
(Title)
NOTES If as incorporated company, agreement should be executed by an autborized officer thereof and his title indicated;
otherwise signature should be witnessed by an empldye of Railroad Company if practicable, if not, by a disinterested party.
Tr(nspartati®n comply y
Room 251-N Union Station • 800 Northwest Sixth Avenue • Portland, Oregon 97209 N REPLIY .LFA.E RacFR TO
C'. T. BABERS ry. !T
73482 .
SUPERINTENDENT February 2, 1.9.76 L-(11i ad
W. F" CURRIER, JR. J Z,••] )
ASSISTANT SUPERINTENDENT r 1
J. W. FERGUSON
DIVISION ENGINEER.
T.i-ard 'dater District
8841 S.W. Commercial St.
Tigard, OR 97223
Attention Mr. Robert E. Santee, Administrator
Gentlemen:
SUBJECT: L-173482 - 16-inch ductile iron water pipeline
nt MP 749.66. TTGARD, OR.
To clear our records.of former subject agreement, attached
are duplicate counterparts of Termination Agreement, terminating
said agreement effective October 26, 1975.
Please sign duplicate counterparts in spaces provided,
returning both copies to this office. When fully executed will
return a copy for•your records.
Yours truly,
Attach.
r
Feb. 1.1, 1970
r'erguson.;
Executed p::r your request. Duplicate counterparts of ter :inal:4.r:n
a F er :e:r; t arF enclosed. Thank you.
Very truly yours,
TIGARD WATER DISTRICT
Robert E. Santee
-Administrator
(Approved as to form by General Cot C.6.3572
December Z, 1958)
4
Lease 17348 2
Termination of OeWrikWAudit No
It is mutually agreed that that certain agreement entered into by the undersigned, or the respective
predecessors of undersigned, dated October 26 , 19_Z3 , covering
a sixteen (16) inch ductile iron water pipeline, milepost
749.669
at or near Tigard State of Oregon is hereby termi,
Hated on October 26 19 75
Such termination. shall not release any party hereto from any liability or obligation under the agreement
hereby terminated, whether of indemnity or otherwise, resulting from any acts, omissions or events happen-
ing prior to such 'termination or thereafter in case by the terms of said agreement it is provided that any-
thing shall or may be done after termination thereof.
Dated at Portland, OR February 10 1976 ,
SOUTHERN PACIFIC TRANSPORTATION COMPANY
By
Division Engineer
WITNESSED BY:
IER DISTRICT
( Note)
B S c v t
Don.W. Thomas
Robert E. Sa tee, Administrator Chairman
(Title)
NOT>Er If an incorporated company, agreement should be executed by an authorized officer thereof and his title indicated:
otherwise signature should be witnessed by an empldye of Railroad Company if practicable, if not, by a disinterested party.
8-3880
rsoutheren Pacifip
Transportation Company
Room 251-N Union Station • 800 Northwest Sixth Avenue • Portland, Oregon 97209 IN RRPLY PLRA86 RSFSR TO
G. T. SA9BRS September 15, 1975 Lease 173482
SUPBRINTENIOUNT
W. F. CURRIER. . JR. (Tigard)
W. R.
ASSISTANT SUPERINTENDENT
J. W. FERGUSON
DIVISION SNOINSSR
Tigard Water District
8841 S.W. Commercial Street
Tigard, Oregon 97223
Attention: Mr. Robert E. Santee,
Administrator
SUBJECT: L-173482 - 16" ductile iron water pipeline -
MileRost 749.66 - TIGARD, OREGON.
Gentlemen:
Referring to your letter of July 30, 1975 concerning
unpaid rental fee on subject lease.
Our records indicate final judgment regarding the
purchase and possession of property in question to the State of
Oregon was effective December 2, 1974, Cust. # 56422.
Lease Agreement 173482 was dated October 26, 1973 and
first year's rental covered one year from that date. Since
final judgment was made December 2, 1974, no refund is due you.
Please ignore any future billings requesting payment under
subject lease.
Yours truly,
X 1 9 0 1112 ,
7 8 16 17 16 18
12 '21 23 24 25 26 1975
27 28 2s 31
t
7115175 75 169
j ~ ~s 1s
196
4
TIGARD WATER DISTRICT 8841S. W. COMMERCIAL ST.
TIGARD, OREGON 97223
PHONE (B133) 639-1SS4
July 30, 1975
A. A. Rhani.ro
Man;wc r. Central Services
Southern Pacific Transportation Co.
One Market Street Re: FL 1026-137-5
San Francisco, California 94105 Lease #1.73482N
Dear-11r. Shapiro:
Your letter of Jttly 11, 1975 regarding the alleged unpaid rental fee
on 1 he ;,ub jev t, l enAP. agreement is nelenowl edged.
Enclosed is it copy of both sides of the cancelled check dated. Sep-
tember 1974 ($252) and the lease rental bill. showing that the amount due,
was paid in full.
The Oregon State Highway Department was contacted regarding the legal
possession of the property where the water main is located. The Highway
Department's records (copy enclosed) indicate that, they took possession of
the property on November 14, 1973 and the tax assessor was so advised on
November.'19, 1973. It would appear that, as of November 1973, Southern
Pacific did not own the property, and therefore, after that date, cannot
legally be charging rental fees on same.
In view of the above, it is requested that the Tigard Water District
be refunded the appropriate prorata share of the rental fees paid.
Thank you.
Very truly yours,
TIGARD WATER DISTRICT
Robert E. Santee
Administrator
cc: Mr. C. T. Babers
Superintendent, S. P. Lease Dept.
Kenneth W. Baines
Attorney-at-Law
Tigard Water District
S-260
touthern Pacific
Transportation' Company
One Market Street • San Francisco, California 94105
D. L. PRAEGER J. P. GALLAGHER L. R. C:ARROLL
CONTROLLER SENIOR MANAGER.. EXPENDITURE ACCOUNTING ACTING MANAGER, REVENUE SERVICES
H. N. FODNESS R. J. GREENSLADE J. A. HARMAN
R. A.. FOLEY SENIOR MANAGER. COLLECTION SERVICES ACTING MANAGER. EQUIPMENT ACCOUNTING
E. L. JOHNSON J. W. KELEHER G. W. ROBERTSON
D. C. THOMPSON SENIOR MANAGER, EQUIPMENT ACCOUNTING ACTING MANAGRR. REVENUE ACCOUNTING
ASSISTANT CONTROLLERS
F. B. TORLBY M. F. RYAN
G. P. LINDQUIST SENIOR MANAGER. REVENUE. ACCOUNTING MANAGER. PAYROLL ACCOUNTING
INTERNAL AUDITOR
L. C. YARBERRY W. S. SAIA
SENIOR MANAGER. ACCOUNTING OPERATIONS ACTING MANAGER. DISBURSEMENTS ACCOUNTING
A. A. SHAPIRO
MANAGER, CENTRAL SERVICES
F. W. WATSON
MANAGER, SAN FRANCISCO ZONE
IN REPLY PLEASE REFER TO
FL to R6-X37-s"
7-//- 7S
SUBJECT: Lease No. l7 3V $-)Aat
Gentlemen:
Our records show there is $ 17'O0 unpaid rental on
this lease for period /0 - a6- 7 ~-f to 0
--k~ d o 0 / 7 3 Z/
Please forward your check to P.O. Box 44240, San Francisco,
California 94144.
If your records show that you have paid this rental, please
forward the undersigned a copy of both sides of the check.
Yours truly,
A. A. SHAPIRO
mom
if~C it:4i. !'1'.. C. S. 180-F
T - - Y , Y
INFORMATION ABOUT THIS BILL G~'...
MAY BE OBTAINED FROM: LEASE RENTAL BILL
MANAGER.
SF ZONE ACCOUNTING REFER TO NO. L- IO 2b 1 37- 0 2_ 7 Li
O~
_ L 1 S VENDOR NO. TOTAL RENT DUE
475 BRANNAN ST.
SAN FRANCISCO. CA. 94107
RETURN COPY OF BILL. WITH
YOUR REMITTANCE TO:
~ C i T r
Uf~iWck, Cl A k' Tita, ~ t',_.,THi IuN Ci~~'?A.;Y
"1 7 b._!X it 4252
S i F 41 ' I Si;_ A
L 1 91+144
IF BILL NOT D IN LL
LESSEE NO. ~`JG tL 13 7 SHOW AMOUNTS) PAIDFHERE 11
PAGE
-
LEASE NO. vrtEGUeNev DATE DUE LEASE DESCRIPTION AMOUNT
7 uel 1_'o -1 L)
F'
1
w
- • • 2Z.UC
M MONTHLY O QUARTERLY P PERIOD OF YEARS INDICATED AMOUNT DUE.®
A-ANNUAL S-SEMI-ANNUAL F - FULLTERM Z-TERM (CR-CREDIT)
OREGON STATE HIGHWAY DIVISION
Report of Possession of Property Under Condemnation
(Not to be completed after deed is taken or judgment entered)
R/W File No. 1t-36033
Legal File No.. L-6965
115,248 s.f.
Acquired as n I Station 11W 0 to Station 150+22 Net Area 0.07 a.
Former Owner or Defendant Southern pacific Transportation Company_
Mail Address 324 'anion Station, Portland, Oregon.
Location of property • '.hard InterehauRe-Rubbard Interchange Section
Pacific Highwa , in Washington County
Bordered by Bonita ?kd_ . on &e north, I on the east
Street address of property and ? pet Boones Ferry 7toad on the south
Complaint filed: 4/10173 Circuit Court Case No. 3547
(Be sure to fM In before sedding to asseeeor)
Possession of above described property was taken on: - Jr_14-73
(Date)
REMARKS:
(signed) Maurice D. Payne
(aesldmt $ngf-)
OREGON STATE HIGHWAY DIVISION
Date 11-14-73
INSTRUCTIONS: The first three copies will be sent to the Resident Engineer with a copy of the Condemna-
tion Complaint. As soon as the State, or contractor, takes possession, the Resident Engineer will complete the
bottom portion, showing the exact date of possession, and return through his Regional Engineer to the. Right
of Way Section in Salem.
copy-sent-assessor 11-19-73
TRACER FILE COPY
sIMssm-M 1_5
LAW ❑H'FRCES OF
WHEELOCK, NIEHAUS, BAINES & MURPHY
E20 FRAxKLlx HUILDI m
C_E:WxEELccx PORTLAXM, OREc3c3x 97504
AUBSELL 'R. HIEHAIIB
KENNETH W.EAINEB TELEPHONE 224-5530
EDWARD J.MURPHY,JR_
WILLIAM C.❑OILVY
JOHN MCCOURT October 19, 1973.
Mr. Robert E. Santee
Administrator
Tigard Water District
8841 S. W. Commercial
Tigard, Oregon 97223
Re: License: Southern Pacific Transportation
Company - Tigard Water District
Dear Bob:
Mr. Sceglie, of Southern Pacific Transportation Company, has ad-
vised me:
1. It is the railroad's desire to have the license.agree-
ment previously submitted to you signed.
2. It is the railroad's position that the District will not
be entitled to a refund of any money until the condemnation suit
filed by the State of Oregon is finally concluded and, in the
event this is accomplished prior to one year from the date the
line was installed, the annual charge will be prorated.
3. At the conclusion of the condemnation case, the rail-
road's interest in the license will be assigned to the State of
Oregon.
Although I feel this is an exercise in futility, I approve the
agreement as to form and :recommend that the Chairman of the Board
sign the agreement. The executed agreement should be signed in
duplicate and forwarded to Mr. C. Ti Babers, Superintendent,
Southern Pacific Transportation Company, Union Station, Room 312,
Lease Department, Portland, Oregon 97209.
VTnneth truly yours,
KWB:lo K W. Baines
S_3660
A •l~l
Southem PacifiA
"transportation Company
Room 251-N Union Station 800 Northwest Sixth Avenue • Portland, Oregon 97209 IN REPLY PLEASE REFER TO
SABERS
SUPERINTENDENT December 4, 1973
SUPERINTENDENT
W. P. CURRIER. JR.
ASSISTANT SUPERINTENDENT D-Mlsc (Tigard:
J.: W. FERGUSON
DIVISION ENGINEER
Mr. Robert E. Santee, Administrator
Tigard Water District
88441 SW Commercial Street
Tigard, Oregon 97223
Dear Mr. Santee:
Attached for your records find fully executed counterpart
of an agreement relating to an installation of a 16" ductile.iron
water pipeline crossing our property at MP 749.66, Tigard.
Yours truly,
V& - WVQLuf J14-z1. - JI ZJ4f4
1-69 2M
C.S. 3400
t^ (Approved as to Form by General Comae!
- August 30. 1962) Mile Post FD-,749, 66-L-V
US; ftTU Mt, made this ~ CD day of
by and between''!*
a corporation, herein termed "Railroad," and ` ~ 'WA M. 4, : PolitiCand
at 8"1 t at COM"tbut ; ~ 3 q►n
s
herein termed. "Licensee."
WITNESSETH THAT:
Railroad, in consideration of the
11 101141 1101%pliNk •.faith
ful performance by Licensee of.all the
covenants and agreements herein contained, hereby permits Licensee to construct, reconstruct, maintain and
operate beneath Railroad's property, at a.depth specified by Railroad, ,t SkiNt, (16) IWAX 4MMIC
~t Ta~Etf3E'L" P~'~~
herein termed "structure," at or near Tiaard Station,
County of W,a shIngWa , and -ate of. OV,E'$",pU ,
in the location shown on the print attached. (O'er VLS No. L -2601-A
c t64 'PO' VAnT 6* 193)
This agreement is made upon the following terms and conditions:
1. Licensee agrees to keep Railroad's premises in a good and safe condition, so far as affected by Licensee's
use, free from waste all to the satisfaction of Railroad, failing which, Railroad may perform the necessary work
at the expense of Licensee, which expense Licensee agrees to pay to Railroad upon demand. All work upon, or
in connection with, said structure shall be done to the satisfaction of Railroad at such times and in such manner
as not to interfere in any way whatsoever with the operations of Railroad. In the event Railroad shall at any
time or times require the removal, reconstruction, alteration or changes in the location of said structure, or shall
at any time or times construct an additional track or tracks, then Licensee agrees at Licensee's own sole cost and
expense, upon receiving written notice from Railroad so to do, to forthwith construct and maintain an additional
structure or extend or change said structure or immediately remove, reconstruct, alter or make changes in the
location of said structure as may be requested by Railroad and in a manner satisfactory to Railroad. Licensee
shall give Railroad five (5) days' written notice prior to the commencement of any work of construction or recon-
struction.
2. Licensee shall not assign or transfer this agreement, in whole or in part, or permit any other person to
use the right or privilege hereby given, without the prior written consent of Railroad.
3. Licensee agrees to reimburse Railroad the cost to Railroad of furnishing any necessary watchmen, flag-
men or inspectors and for performing any work
during the installation, maintenance or removal of said structure.
4. In the event Licensee shall discontinue the use of said structure or shall abandon the same, all rights
hereby given shall forthwith cease and determine.
Should. Licensee fail to keep, observe and perform any covenant or condition on Licensee's part herein con-
tained, all. rights hereby given shall, at the option of Railroad, forthwith cease and determine.. Upon termination
of the privileges contained herein or upon termination of this agreement, as. hereinafter provided,:Lieepsee shall,
at Licensee's own cost and expense, immediately remove said structure and restore said premises, as nearly as
possible to the same state and condition they were in prior to the construction of said structure, failing Which,-such
removal and restoration may be performed by Railroad at the expense of Licensee, which experft Licensee agrees
to pay to Railroad on demand.
5. Licensee agrees to release and indemnify Railroad from and against all liability, cost and expense for
loss of or damage to'property and for injury to or deaths of persons (including but not limited to the property
and employees of each of the parties hereto) when arising or-resulting from:
(a) the use of said premises by Licensee, its agents, employees or invitees, or
(b) , the construction, presence, maintenance, use or removal of said structure, or
(c) breach of the contract by Licensee,
whether or not caused or contributed to by any act or omission of Railroad.
The term "Railroad" as used in this Section 5 shall include the lessor, successors, assigns and affiliated com-
panies of Railroad, and any other railroad company operating upon Railroad's tracks.
6. No work on Railroad premises shall be commenced by any contractor for Licensee until such contractor
has entered into Railroad's standard Contractor's Agreement covering such work.
7. Licensee will fully pay for all materials joined or affixed to said premises, and pay in full all persons who
perform labor upon said premises, and will not permit or suffer any mechanics' liens or materialmen's liens of
any kind or nature to be enforced against said premises for any work done or materials furnished thereon at
Licensee's instance or request.
8. In case Railroad shall successfully bring suit to compel performance .of,.or to recover for breach, of, any
covenant, agreement or condition herein written, Licensee shall and will pay to Railroad reasonable attorney
fees in addition to the amount of judgment and costs.
9. This agreement may be terminated by either party hereto by giving thirty (30) days' notice in writing
to that effect.
10. Except as otherwise provided herein, the terms and conditions of this agreement shall inure to the benefit
of and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
P je.ct mares in fob and a ixe satinE U to Pailtoad tiftim he ~lity and its ~x will be i> t~~d ~1", T l
+6~"L at the of dices"s net ltoa d P ~ .s
Wlablft-440d 146M or such RaUvosd aba ap}vwm* such markevs ll be
veloeated or .wed upon refit. of Pails without empmse Rail=ads
Absence of makers does not awwtitute a varxmty by laird of no
a bvirfaee iwi lla + .
12* A a part ea ide=t n ft r the. Pe is m hwreln . -ensee
aball pay , awn a i~ifty#ao Ian (4252) .
ble e=Mally in advaiCe:
e
e
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the
day and year first herein written.
S l TOM
By
Mat
WITNESSED BY: aurERINTENDENT
TIGARD WAM 5 4
(See No ) Licensee)
~15? Ile BV w,
Clarence F. Nicoli
Robert E. Santee Chairman, Board of Commission
Adidiii- trator, Tigard Water District
NOIF-cif anincorporat d company. acreement should be executed by an authorized officer thereof and his title indicated; cUierwise signature should be %v:t-
neseed by an employee of Raileood if practirrble. if not. by a disinterested party.
OREGON
OIV'N.
IQ ORAWINOL' 26 V (A
^ ; y 9HEVr NQ:
Fo- 7490
a ~ A 66-
N
N. C. 1
TIGARDI.4mi. OWK 1.7m,. Tq rC
S
1~k69~ 4 ' 5
is ~ 9g
r
Auro
q.N 6 se ors rRreU rr
vg~2 oN cCNr~R I
- M ~ _ TCoiler
Pork
c / IP3, uyuker }r*04 sere Deed 546
I
I40 .1 Sir
I
1 SOUTHERN PACIFIC COMPANY
PACIFIC'LINKS
L LAM06,K13 R.
T I
_N T I GAS D
jd
r Lease far tb'pia; Wa+er Main
Red shows tease Tigard Wader Dis}rich
001,
*.Shows S.PTCo. Property Liire ,Ca le1': 400` 3-µ feb,b 1913
g
oRewITIV
LAw OFFICE6 OF
WHEELOCK, KIEHAUS, BAINES Sc MURPHY
s20 FRAxHLix HLTILGIxG
C_E_WHEELCCK PORTLAMM, OREDOPI 972O4
RUGGELL R_XIEH"13
V.ZX ETH W_HAINZO TELEPHONE 224-5930
ELBAnm J_MunPHY,%JR_
WILLIAM C_CGU.W
s.TOHx MCCOVRT October 19, 1973
Mr. Robert E. Santee
Administrator
Tigard Water District
8841 S. W. Commercial
Tigard, Oregon 97223
Re: License: Southern Pacific Transportation
Company - Tigard Water District
Dear Bob:
Mr. Sceglie, of Southern Pacific Transportation Company, has ad-
wised me:
1. It is the railroad's desire to have the license agree-
ment previously submitted to you signed.
2. It is the railroad's position that the District will not
be entitled to a refund of any money until the condemnation suit
filed by the State of Oregon is finally concluded and, in the
event this is accomplished prior to one year from the date the
line was installed, the annual charge will be prorated.
3. At the conclusion of the condemnation case, the rail-
road's interest in the license will be assigned to the State of
Oregon..
Although I feel this is an exercise in futility, I approve the
agreement as to form and recommend that the Chairman of the Board
sign the agreement. The executed agreement should be signed in
duplicate and forwarded to Mr. C. T. Babers, Superintendent,
Southern Pacific Transportation Company, Onion Station, Room 3121
Lease Department, Portland, Oregon 97209.
Ve truly yours,
KWB:lo K nneth W. Baines
To FROM
• -Southern Pacgic Trans rtatioa Co. Tig, _d Mater District
8841 S. W. Co»ercial
• Tigard, Oregon- 97223
Subject $agg"t aloni[ Bonita Road Date 3/23
~73
MESSAGE:
Charges for aa'Sasomeat along your froutgge on Bonita Road .
w Check #13657 DAted March 22, 1973
Sig ed
Redif?rm 4S 468 NO REPLY NECESSARY ~~REPLY REQUESTED-USE REVERSE SIDE
r I
TIGARD WATER DISTRICT 8841 S. W. COMMERCIAL ST.
TIGARD, OREGON 97223
PHONE (803) 639-1554
July 6, 1973
C.T. Tubers, Superintendent
Sont.hern Pacific Transportation Co.
Ronm 251-N
Union Station
800 N.W. 6th Avenue
Portland, Oregon 97209
Pear Mr. Babers s
Your letters of March 22 and July 3, 1073 with the nrnpnwrd
aprpPment coIrpring the 16" ductile iron water pipeline .ropsing on
G. W. Bonita Road is acknowledged.
Please be advised that, the Board of Commissioners approved the
payment of A?52 for the agreement. A check in +hat amount is enclosed.
Since the completed agreement will be unnecessary when the Orerron
State. Highway Division assumes ownership of the land it was dee'led
ad-i sabl a not to consiumnate the contract.
I regret the delay in advising you of the above.
Very truly yours,
TIGARD WATER DISTRICT
Robert. F. Santee
Administrator
i
6-2880
Southern Pacific
Transpo Lion C®n1pony
Room 251-N Union Station • 800 Northwest Sixth Avenue • Portland, Oregon 97209 IN REPLY PLEASE REFER TO
C. T. SABERS
. SUPBRINTBNDENT JR.
F.SUPERINTENDENT ER.
ASSISTANT July 3, 1973 Deed-Mist
'
J. W. FER"SON
DIVISION ENGINEER
Mr. Robert E. Santee
Administrator
Ti id Water District
88V- S. W. Coa~ercial St.
Tigard, Oregon 97223
Dear Mr. Santee : . .
Per your letter of. January 16, 1973 and ours of
March 22, 1973, we attached duplicate counterparts of
proposed agreement with the Tigard Mater- District covering
16 ductile iron water pipeline crossing our property along
Bonita Road near our MP 749.66 jigard.
We are being pressed by our management in San
Francisco.for the return of the above,-.in addition to check
in the amount of $252.00 to cover first year's rental.
Will you please advise when we may expect to
receive the above.
Yours truly,
C O~z-r
I
I
'I
i
s-ssso
southern Pacific
Transportation C®mpany
251 Union Station • Portland, Oregon 97209 IN REPI T PLEASE REFER TO
A. W. KIL90RN
SUPERINTENDENT March 22, 1973
C.T. BABIQt8
ASSISTANT SUPERINTRNDENT
.I. W. FBRGUSON
Deed -Mis t
DIVISION ENGINEER
Mr. Robert E. Santee
Administrator
Tigard Water District
8841 S. W. Commercial St.
Tigard, Oregon 97223
Dear Mr. Santee:
Per your letter of January 16, 1973 and telephone con-
versation March 19, 1973, we are attaching duplicate counterparts
of proposed agreement with Tigard Water District covering 16 inch
ductile iron water pipeline crossing our property along Bonita
Road near our MP 749.66 Tigard.
Please review and if satisfactory arrange for execution
on behalf of Tigard Water District in space provided returning
both counterparts together with a check in the amount of $252.00
to cover first year's rental, advising effective date of agree-
ment. When fully executed on behalf of Southern Pacific Transporta-
tion.Company will forward you copy for your records.
Yours truly,
i
Attach.
i
i
i
i
" KAr •-_V1 - UUb1U/,S1L-L1 ' 1.61 2M
a
. C.S. 3400
(Approved as to Form by General Counsel
August so, 1961) Mile Post FD-749.66-L-N
Xbtie; Agreement, made this day of , 19
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY,
a corporation, herein termed "Railroad," and TIGARD WATER DISTRICT, a body politic and
corporate, address: 8841 Southwest Commercial.Street, Tigard, Oregon
97223,
herein termed "Licensee."
WITNESSETH THAT:
Railroad, in consideration of the x xxxxxxxxxxxx)Exxxxxxxxxxkpt`K
xaciaprtia~tse~s faithful performance by Licensee of all the
covenants and agreements herein contained, hereby permits Licensee to construct, reconstruct, maintain and
operate beneath Railroad's property, at a depth specified by Railroad, a sixteen (16 ) inch ductile
iron water pipeline,
herein termed "structure," at or near Tigard Station,
County of Washington , and State of• Oregon
in the location shown on the print attached. (Oregon Division Drawing No, L-2601-A
dated February 6, 1973)
This agreement is made upon the following terms and conditions:
1. Licensee agrees to keep Railroad's premises in a good and safe condition, so far as affected by Licensee's
use, free from waste all to the satisfaction of Railroad, failing which, Railroad may perform the necessary work
at the expense of Licensee, which expense Licensee agrees to pay to Railroad upon demand. All work upon, or
in connection with, said structure shall be done to the satisfaction of Railroad at such times and in such manner
as not to interfere in any way whatsoever with the operations of Railroad. In the event Railroad shall at any
time or times require the removal, reconstruction, alteration or changes in the location of said structure, or shall
at any time or times construct an additional track or tracks, then Licensee agrees at Licensee's own sole cost and
expense, upon receiving written notice from Railroad so to do, to forthwith construct and maintain an additional
structure or extend or change said structure or immediately remove, reconstruct, alter or make changes in the
location of said structure as may be requested by Railroad and in a manner satisfactory to Railroad. Licensee
shall give Railroad five (5) days' written notice prior to the commencement of any work of construction or recon-
struction.
2. Licensee shall not assign or transfer this agreement, in whole or in part, or permit any other person to
use the right or privilege hereby given, without the prior written consent of Railroad.
3. Licensee agrees to reimburse Railroad the cost to Railroad of furnishing any necessary watchmen, flag-
men or inspectors.and for performing any work '
during the installation, maintenance or removal of said structure.
4. In the event Licensee shall discontinue the use of said structure or shall abandon the same, all rights
hereby given shall forthwith cease and determine.
Should Licensee fail to keep, observe and perform any covenant or condition on Licensee's part herein con-
tained, all rights hereby given shall, at the option of Railroad, forthwith cease and determine. Upon termination
of the privileges contained herein or upon termination of this agreement, as hereinafter provided. Lice shall,
at Licensee's own cost and expense, immediately remove said structure and restore said premises as nd~rly as,
possible to the same state and condition they were in prior to the construction of said structure, failini ,which, such
removal and restoration may be performed by Railroad at the expense of Licensee, which expense Liceasee-agr~e-s
to pay to Railroad on demand.
5. Licen*t agrges to release and indemnify Railroad from and against all liability,' cost and expense for
loss of or damage.0 property. and for injury to or deaths of persons (including but not limited to the property
and employees of each of the parties hereto) when arising or resulting from:
(a) the use of said promises by Licensee, its agents, employees or invitees, or
(b) the construction, presence, maintenance, use or removal of said structure, or
(c) breach of the contract by Licensee,
whether or not caused or contributed to by any act or omission of Railroad.
The term "Railroad" as used in this Section 5 shall include the lessor, successors, assigns and affiliated com-
panies of Railroad, and any other railroad company operating upon Railroad's tracks.
6. No work on Railroad premises shall be commenced by any contractor for Licensee until such contractor
has entered into Railroad's standard Contractor's Agreement covering such work.
7. Licensee will fully pay for all materials joined or affixed to said premises, and pay in full all persons who
perform labor upon said premises, and will not permit or suffer any mechanics' liens or materialmen's liens of
any kind or nature to be enforced against said premises for any work done or materials furnished thereon at
Licensee's instance or request.
8. In case Railroad shall successfully bring suit to compel performance of, or to recover for breach of, any
covenant, agreement or condition herein written, Licensee shall and will pay to Railroad reasonable attorney
fees in addition to the amount of judgment and costs.
9. This agreement may be terminated by either party hereto by giving thirty (30) days' notice in writing
to that effect.
10. Except as otherwise provided herein; the terms and conditions of this agreement shall inure to the benefit
of and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
11. Project markers in form and-size satisfactory to Railroad iden-
tifying the facility and its owner will be'.installed and constantly
maintained by and at the expense of Licensee at Railroad property lines
or such locations as Railroad shall approve. Such markers shall•be
relocated or removed upon request of Railroad without expense to Railroad.
Absence of markers does not constitute a warranty by Railroad of no
subsurface installations.
12. As a part consideration for the permission herein given, Licensee
shall pay to Railroad the sum of Two Hundred Fifty-Two Dollars ($252)
per annum, payable annually in advance.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the
day and year first herein written.
SOUTHERN PACIFIC
TRANSPORTATION COMPANY
13y -
WITNESSED BY: _tTitle)
TIGARD WATER DISTRICT
(See Note) (Licensee)
B
--(-Title)
Clarence F. Nicoli
Robert E. Santee Chairman Hoar o Conmisaionerf
Adwinistratorg Tigard Water District
NOTI_-Al an Incorporated company, agreement should be executed by an authorized officer thereof and bil title indicatal; ct:: noise sigrat are uLl be
nerved by an employee of Raih*~d if practicable, if not, by a disinterested party.
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EXHIBIT A
' File 36033
lSouthern•Pacific
Transportation Co.
JS 12-8-72 1A-E-6
`'':°•.ey Approval Pro{ -,ct ~
Section: N. Tigard Interchange - Hubbard Interchange l~+
-Iiic;hway: Pacific
Throughway
3 G rTC;''
PARCEL 1
A parcel of land lying in Lot 3, BONITA GARDENS, Washington County, Oregon;
the said parcel. being that portion of said Lot 3 lying Southerly of that property
described in that deed to the State of Oregon, by and through its State Highway
Commission, recorded in Book 346, Page 189--and included in a strip of land 20 feet
in width, lying Westerly of and adjace'iit, to the Westerly line of that property
described in that de-d to the State of Oregon, bj and through its State Highway
Commission, recorded in,Book 182, Page 41'.0f Washington County Record of Deeds.
The parcel of land to which this description applies contains 8,710 square
feet, more or less, outside of the existing right of way.
PARCEL 2
A parcel of land lying in the SEA of Section 12, Township 2 South, Range 1
West, W.M., Washington County; Oregon and being, a portion of that property
described in those certain deeds to Southern Pacific Company, recorded in Book.
503, Page 303 and in Book 630,.Page 158 of Washington County Record of Deeds; the
said parcel being described as follows:
Beginning at the Southeast corner of that property described in that deed
to_Predelivery Service Corporation, recorded ::n Book 630, Page 324 of Washington
County Record of Deeds; thence Westerly along the Southerly line of said Pre-
delivery Service Corporation property to aline .which is parallel with and 20 -
feet Westerly of the Easterly line of said Pradelivery Service Corporation prop-
erty; thence Southwesterly in a-straight line to the Northerly ling of Lot 7,
I:ABLE ACRE TRACTS, at a point 60 feet Westerl of (when measured along the North-
erly line of said Lot 7) the Easterly'line of said Southern Pacific Company
property; thence Southwesterly in a straight line to the Southerly line of said.
Southern Pacific Company property at a point 210.95.. feet Westerly of.(when
s aid Southerly line).,the Southeast corner of said Southern Pacific
Company:property; thence. Easterly along said Southerly line 210.95 feet to said
Southeast corner; thence Northerly along said,Easterly line 1017 feet, more or
less, to the point of beginning.-
The parcel of land to which this description applies contains 85,750 square
feet, more or less.
PARCEL 3
A parcel of land lying in'BONITA GARDENS, Washington County, Oregon;.the
t said parcel being that portion of Lots 3 and 4 of said Bonita Gardens and that
portion of the 20 foot wide roadway in said.Bonita Gardens vacated June 6, 1967
and recorded in 3ook 38,-Page 3.D-of* the Commissioners Journal of Washington
County included in the following described trzict:
Beginning at the intersection of the Westerly line of Parcel l with a line
parallel with and 67.5 feet Southerly of.the Northerly line of said Bonita
Gardens; thence Northerlq-along said Westerly line to a line parallel with and
37.5 feet Southerly of said Northerly line;-th6fiee -Testerly along said last
mentioned parallel line to the center of said vacated 20 foot wide roadway;
thence Northerly along the center of said vacated 20 foot wide roadway to,a
line parallel with and 6 feet Southerly of the Northerly line of said Bonita
Gardens; thence Westerly along said last mentioned parallel.line to the North-
east corner of that property described in that deed to Kenneth D. and Edna It.
Pressnall, recorded in Book 342, Page 404 of Washington County Record of Deeds;
.thence Southerly along the Easterly line of said Pressnall property 70 feet;
thence. Easterly in a straight line to the intersection of the Westerly line of
said vacated ?n f--t wide roadway with a line parallel with and 67.5 feet South-
erly of the Northerly line of said Bonita Gardens; thence Lasterly along said.
last mentioned parallel line to the point of beginning.
The parcel of land to which this description applies contains 16,878 square
feet, more or less.
(OVER)
r r r
lle 36033
.,age 2 - Option
PARCEL 4
A parcel of land lying in tot 4, BONITA.GARDENS, Washington County, Oregon;
the said parcel being described as follows:
Beginning on the North line of.said Lot.4:at a point 92 feet East of the
Northwcst.'corner of said Lot 4; thence West along said North line 92 feet to said
Northwest corner; thence South along the West line of said Lot 4, a distance of
31 feet;. thence Southeasterly.in c -.raight line to the West line of that,
property described in that deed to Kenneth D..and Edna M. Pressnell, recorded
in Book 342, Page 404 of Washington County Record of Deeds at a point 66-feet
South of the point of hegir_n{no; thence North along said West line and its
North extension 66 feet to the point of beginning.'
EXCEPT therefrom the North,.±rly 6 feet.
The parcel of land to which this description applies contains 3,910 square
feet. „ .
PARCEL 5
A parcel of land lying in the SE,SE34 of Section 12, Township 2 South,
Range 1 [Test, W.M., Washington County, Oregon; ihe.said parcel being that portion
of said SE-,SEA lying Easterly of that property described in that deed to Kenneth N.
and Ruth D. Simpson, recorded in Book 282, Page 387 of Washington County Record
of. Deeds; Northwesterly of that property described in that deed-.to the State of
Oregon, by and through its State Highway Commission, recorded in Book 344, Page
550 of Washington County Record of Deeds and included in a strip of land variable
in width, lying on the Northwesterly side of the center line of Southwest Upper
Boones Ferry Road as said road has been relocated, which center line is described
as follows:
Beginning at Engineer's center line Station "UB3" 149+00; said station being
1048.52 feet North and 259.31 feet West of the Southeast corner of Section 12,
Township 2 South, Range 1 West, W.M.; thence South 51° 55' West, 989.22 feet to
Engineer's center line Station "UB S" 158+89.22.
The widths in feet of the strip-of land above referred to are as follows:.
Station to Station Width on Northwesterly
Side of Center Line
"UB3"149+00 "UB3"152+00 45
"UB3"152+00 "UB3"153+00 45 taper•to 60
"UB3"153+00 "liB3"155+00 60
Bearings are based upon:the Oregon Co-ordinate System North Zone.
The parcel of land to which this description applies contains 0.03 acre,
more or less.
ba/
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! NOTE:
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