4704
TIGARD WAFER DISTI- 88419. W. COMMERCIAL 5T.
TIGARD, OREGON 97223
PHONE (S03) 639-ISS4
October 219 1974
C. T. Babers
Superintendent
Southern Pacific Transportation Co.
Room 251-N Union Station
800 N. W. 6th Avenue Res Easement for installation:
Portland, Oregon 97209 of 12-inch water main
Dear Mr. Babers s
Thank you for your letter of October 39 1974 with the attached
fully ezenuted Indenture dated August 139 1974.
The.4"jiment was recorded at Vashington County in Book 9959
Pages 608-1a 6139 as shown on the enclosures.
Your assistance is appreciated.
Very truly yours,,
TIGARD WATER DISTRICT
Robert E. Santoe
Administrator
Southem Pacific
Transportation Company
Room 251-N Union Station • 800 Northwest Sixth, Avenue • Portland, Oregon 97209 IN REPLY PLRASS REFER TO
C. T. 3"IER8
SUPERINTENDENT October 3 , 1974
W. R. CURIiIBR. JR.
ASSISTAT SDPERINTENDENT Deed-Misc.
SON N RNGI M
DIVISION NOiNEBR - (Tigard)
Mr. Robert Santee
Tigard Water District
8841 S.W. Commercial St.
Tigard, Oregon 97223
SUBJECT: Easement to Tigard Water District for
12-inch water pipeline at TIGARD, ORE.
Dear Mr. Santee:
Attached for your records is fully executed counter-
part of Indenture dated August 13, 1974 relating to subject
Easement.
If recorded please furnish information to this
office.
Yours truly,
~cr
Attach.
RECORDING REQUESTED BY CAF VI 00610/312-21 - 6/8/74 .
'
4 .F04
AND WHEN RECORDED MAIL TO
Name
Street
Address
City
State
Zip L-
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MP FD751.90-X-
THIS INDENTURE, made this ' -day of , .1974
by and between SOUTHERN PACIFIC TRANSPORTATION COMFA a corporation of
the State of Delaware, herein termed "Railroad", and TIGARD WATER DISTRICT,
a body politic and corporate, 8841 SW Commercial Street, Tigard, Oregon.
97223,,herein termed "Grantee";
WITNESSETH:
1. Railroad hereby grants to Grantee, subject to the reservations,,
covenants and conditions herein contained, the right to construct, re-
construct, maintain and operate a twelve (12) inch water pipeline within
a twenty (20) inch casing, hereinafter termed "structure", in, upon, along
across and beneath the property and tracks of Railroad at or near Tigard,.
in-the County of Washington, State of Oregon,:crossing the center line .of
said tracks at Engineer's Station 192+20, Mile Post FD751.90, in the
location shown on the print of Railroad's Oregon Division Drawing L3012A,
dated May 9, 1974, attached and made a part hereof.
Said structure shall be installed in accordance with.minimum re-
quirements of Form CS 1741,.also attached and made a part hereof.
ris-a>a~~ :aiderati the rights herein granted, Grantee shall
pay to Railroad the sum of One HundredDollars ($100).
BOOK 995 FACE668
Form .C-1, 5/19/724 ,
Project markers in form and size satisfactory to Railroad
identifying the facility and its owner will be installed and con-
stantly maintained by and at the, expense of Grantee_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.
• 2.. This grant is made subject and subordinate to the prior
and continuing right and obligation of Railroad, its successors
and assigns, to use all the property described herein in the per-
formance of its duty as a common carrier, and for that purpose there
is reserved unto Railroad, its successors and assigns, the right
.(consistent with the rights herein granted) to construct, reconstruct,
maintain and use existing and future railroad tracks, facilities and
appurtenances and existing and future transportation, communication
and pipeline facilities and appurtenances in, upon, over, under,
across and along said property.
3. This grant is made subject to all licenses, leases, ease-
ments, restrictions, conditions, covenants, encumbrances, liens and
claims of title which may affect said property, and the word "grant"
as used herein shall not be construed as a covenant against the
existence of any thereof.
4. The rights herein granted to Grantee shall lapse and become
void if the construction of said structure upon said property is not
commenced within one (1) year from the date first herein written.
5. Grantee shall bear the entire cost and expense of construct-
ing, reconstructing and maintaining said structure upon said property.
Grantee agrees that all work upon or in connection with said structure
s e done at-'s ucti"t me-s''and , .n such -manner as not to interfere in
any way whatsoever with the operations of Railroad. The plans for
and the construction or reconstruction of said structure shall be
subject to the approval of Railroad. Grantee agrees to give Railroad
five (5) days' written notice prior to commencement of any work of
construction or reconstruction.
Grantee agrees to reimburse Railroad for the cost and expense
to Railroad of furnishing any materials or performing any labor in
connection with the construction, reconstruction, maintenance and
removal of said structure, including, but not limited to, the
installation and removal of such falsework and other protection
beneath or along Railroad's tracks, and the furnishing of such
watchmen, flagmen and inspectors as Railroad deems necessary.
In the event Railroad shall at any time so require, Grantee,
at Grantee's expense, shall reconstruct or alter said structure or
make changes in the location thereof upon receipt of written notice
.from Railroad so to do.
6. As part consideration, Grantee agrees to pay Railroad an
amount equal to any and all assessments which may be levied by order
of any authorized, lawful body against the property of Railroad (and
which may have been paid by Railroad) to defray any part of the cost
or expense incurred in connection with the construction of said
structure upon said property commenced within one (1) year from the
date first herein written.
2 BOOK 995 PAcE609
47U4
5119 J 72
Forrr
IkD
7. Grantee, its agents and employees, shall have the privilege
of entry on said property for the purpose of constructing, recon-
structing, maintaining and making necessary repairs to said structure.
Grantee agrees to keep said property and said structure in good and
safe condition, free from waste, so far as affected by Grantee's
operations, to the satisfaction of Railroad. If Grantee fails to
keep said property and said structure in a good and safe condition,
free from waste, then Railroad may perform the necessary work at the
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
8. In the event any work upon or in connection with said
structure or its appurtenances, to be done upon or adjacent to the
tracks and property of Railroad should be let to a contractor by
Grantee, such work shall not be begun until such contractor shall
have first entered into an agreement with the railroad company which
operates on said property, satisfactory to said company and indemni-
fying Railroad from and against all claims, liability, cost and
expense growing out of the performance of the work to be done by
such contractor.
Such contractor shall furnish, at the option of and without
expense to Railroad, a reliable surety bond in an amount and in a
form satisfactory to said company guaranteeing the faithful perfor-
mance of all the terms, covenants and conditions contained in said
agreement, and a certified copy of a policy of Public Liability and
Property Damage insurance within limits specified by and in a form
satisfactory to said company, covering the contractual liability
assumed by contractor in said agreement to be entered into with said
company-by such contractor.
9. Grantee shall assume all risk of damage to said structure
and appurtenances and to any other property of Grantee or any prop-
erty,under the control or custody of Grantee while upon or near.the
property of Railroad incident to the construction or maintenance of
said structure caused by or contributed to in any way by the con-
struction, operation., maintenance or presence of Railroad's line of
railroad at the above-mentioned location.
Insofar as it lawfully may, Grantee agrees to indemnify and
save harmless Railroad, its officers, employees, agents, successors
and assigns, from all claims, liability, cost and expense howsoever
same may be caused, including reasonable attorney fees, for loss of
or damage to property and for injuries to or deaths of persons
arising out of the construction, reconstruction, maintenance, pres-
ence, use or removal of said structure regardless of any negligence
or alleged negligence on the part of Railroad employees.
The word "Railroad" as used in this section 9 shall be construed
to include, in addition to Railroad, the successors, assigns and
affiliated companies of Railroad and any other railroad company that
may be lawfully operating upon and over the tracks crossing said
structure and the officers and employees thereof.
10. Should Grantee, its successors or assigns, at any time
abandon the use of said property or any part thereof or fail at any
time to use the same for the purpose contemplated herein for a.
continuous period of one (1) year, the right hereby given shall cease
to the extent of the use so abandoned or discontinued, and Railroad
shall at once have the right, in addition to, but not in.qualification
of the rights hereinabove reserved, to resume exclusive possession of
said property or the part thereof the use of which is so discontinued
or abandoned.
aou 995 PACE 610
-3-
: -
Form .C-lx 5/19172 4"'104
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, agrees to remove said structure
from said property and restore said property as nearly as practicable
to the same state and condition in which it existed prior to the
construction of said structure. Should Grantee in such event fail,
neglect or refuse to remove said structure and restore said property,
such removal and restoration may be performed by Railroad, at the
expense of Grantee, which expense Grantee agrees to pay to Railroad
upon demand.
11. This indenture shall inure to the benefit of and be binding
upon the successors and assigns of the parties hereto.
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
y thfy
(title) gr., on
STATE OF CALIFORNIA 4704
City and County of San Francisco
On this 17th day of September in the year One Thousand Nine Hundred and Seventy four
before me, GENE H. ELLINGER a Notary Public in and for the City and County of SanFraneisco, State of California, personally appeared
(One Market St.) L F. Furlow and R. W. Humphrey
known to me to be the Manager, Contract Department and
A aci 4 .end Secretary
GENE H. EL LINGER of the corporation_.described in and that executed the within instrument, and also known
to me to be the person~_who executed it on behalf of the corporation therein named
t
r ^i ~JOIARY PUBLIC CALIfO,`VfA t' and-the~acknowled d to me that such corporation executed the same.
PRIP!CIPAL PLACE OF TOSJ'rJESS IN
CITY AND COUIV T Y OF 1.
SAN FRANCISCO IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
rAY Commission Expires July 11, 1975 i? at my office in the City and County of San Francisco, the day and year in this eertifcato fast
~.above written. P'/'e~~-
Notary Corporation
Public in and for the City and County o San rancisco, Sta California.
My Commission Expires Judy 11, 1995 BOOK 995 PA A12
- - BOOK 95 PACE611-
i
PIPE CROSSING DATA SHEET OREGON DIVISK)N
'Line TILLAMOOK
Drawing L30f2-
E.S. J92,.xe Date MAY 9 197-4 NC/RW
M p 751.90
FD•751.50►X
' aRKYR
Appl i Cant TIGARD WATER DISTRICT
i
Address $B41 %.W r mmF C{AL .;T.
tOCat100 TIGA0.D nRP&AN 47223
Faci l I ty WATEa LINE
Pu rpose
Materials and Installation as per E
r C-S G
1741
• e ~ ow.,,.
C~ Is Pipe Under.Pressure ? /oaPSr `"1s9f`3
DLStant From Bottom Of Tie To Top Of Casings S
If L e s s Than V-0-Why
? ILLAMOK 2. r f wluaeuRa qCT.
3 M
If Pipe Carries Flammable Substances and has casing, Number m
o. .
j and location of vents c
Q] a Carrier Pipe 12-no TI IRON ARIBA
Materials Casing sTE6t
00
cD t0 ~
N dj Diameter Carrier Pipe ►z
Casing LOCATION PLAN
2D i
SCALE 1=100
Smooth Stee-12 (In.)
Pipe Wall Ihicknes
o w *(Of casing, if used Corrugated Metal (Gage)
otherwise carrier pipe)
r- O Pi P Len th Carrier Pipe 360 LU
-0-- p g TILLSM00k WIIleAUOGT
c Casing ab,W
If Pipe Is Reinforced Conc. A. S. T.M. Class zo,saslM~
E
40
I7- W4Ttf
DesrRnat{on
c O met: °It Pipe Is Cast Iron A. W.W.A. Class LEGEND SECTION VIEW
Furnish Sketch RED SI-IOWS LEASE NO SCALE
B
Y at ; Plan, Cross Section and Description of Track or Tracks - SHOWS SPTC PROPERTY LINE~'$
Under Which Proposed Pipe is to be placed together
with all necessary dimensions.
Form C E3556,9. Sept. 17, 1967.
boa
TIGARD WATER DISTRICT
8841 S. W. COMMBRC=
a mom V=
STATE OF OREGON )
a
County of Washington
I, Roger ThomsEen Director of Records
and Elections and Ex•Of#(clo Reborder of Can-
veyonces for sold county, 6. hAroby certify
that the within lnitruradnt of 'writing was
received and recorded In book of rbcords
No. , _ . _
of sold County
Witness my hand and seal offbwd.
ROGER THOMSSEN, Director of
Records & Eleedons
.4 .1' 4M'7q
t
I
Note : For pipe /fines carrying Mar S~dng rla~e C. S.
f/ommab/e substances d 1741
see CS 1742 Subgrade r odn TABLE I i
Ditch T1110(NESS OF PIPE CASINGS
Bofom of Ditch or FOR aUPP.ORT/NG TRACK
S Existing 6raund Une aside a mpMed Smooth
Afameler frog A SIeeIPI
v2 3 -0' Min, /f/70 casin
Carrier Pie (See Casing Note Noll Inches US Std. #/n.
P Casing Piper See/ Gage No. Inches
fiy
'toe - - Pipe Line I - 4 to !o 14
A /2 14 s
Carrier Pipe 'r 15,18 14
50" I.SD /2=0" 5'-0"f H 21,24 12
bid ,
Bill not less then iY_030.36 10
PIPE IN EMBANKMENT (See Genera/ Rule 2) PIPE IN CUT 4854,60 B
RYLES 6011ERN/N6 THE KTALLAT10N OF PIPE LINES TRANSMITTING 2 Metal casing for supporting track shall conform to thicknesses &E ff
WATER OR OTNER NON-FLAMM48L£ SUBSTANCES WHEN CROSSING shown in Tattle 1 and shall have joints of either sovew, welded a riveted CONCRETE ENCASEMENT
,
UNDER IRACXS type. It shall be galvanized or shall be dipped in preservative maleno/ FOR PIPES
and 11wough/y 'coated inside and outside. If preservative material cannot
be ed on inside of casing, then the casing shall be at least one gage Number of
1. Distance H bare bdJlm of tie to top of pipe, casing or concrete encosmment stall or I thicker then diherxtise regnred. d A Lollyitadina)'
not be less than 3 -0 (See exception in Genera/ Note 3.1 3 Concrete casing for supportng track shall have the strength specified incheS 47ches Ir2'e Bars
2 Any pipe tines crossing any hock do not require o casing prcw;*d the carrier in current ATSM Serial Desgnolion 0-76, Coss /V. A# joints shall be water -
pipe is of suffxient straVth to support the /rack and has watertight joints. For S&Vh 1+'phl and of an approved type of construction. /0, /2 4 4
pipe lines, casing lighter then specified in table 1, for supporting track may be 4. The inside diameter of casing shall be at least 2 inches greater than the 15 4 .5. r used for installing pipe, provided the space between carrier ppe and casing is largest outside diameter of corner pipe. 18 .5 B
backfilled wish grout or sand 5 Sues of casing larger than shown in Table 1 are special cases and will 21,24,27- 6 8
If carrier pipe does not have suNicient strength to support track, casirg or be decided upon their merits
concrete encasem&W must be installed Length of casing measured at riC angles 6 Casing shell be so installed as /a prevent formalion of waterway under 30 7 W
to track shall extend each side of center tine of frock five feel plus the vertxa/ the railway. It shall have oven bearing throughout its length old shall slope 33 8 12
d1stance from bottom of fie to top of casing or e►xasemenl but not hiss than ltn toward one end 36 9 12
feet, except that where casing rs installed through railroad embankmer it shall 7 Regardless of the strength of carrier pipe, casings must be provided
extend beyond slope of embankment. at all locations where pipe crosses under drainage ditches if cover /s less
3 When procficable, casings and.corrrer pipes maybe installed by the lackmq or then 3 0° Casing under ddch may. be separate from, or a cop6nuotron A Pz`6Stirrups A .
boring methods. If these methods are used the minimum depth from bomm of casing under hack, and must extend a minimum of /'-0 beyond top
of fie to fop of pipe or bore must be X-0"or one pipe diameter,which"r, shoulders on each side of the ditch. '
is greater, however, where there is. good cohesive soil the OM 'my 8. When placed in open cut, pipe lines having diameter of 36"or o. !
be less than one pipe diameter, but not less than 3-0, with less, when crossing tracks other then main tracks end sidings, may
special permission of the Chief Engineer. If installed by lurmel/ng be encased urn concrete as shown in Table IT. j
or boring, the space around casing or carrier pipe must be backfilled 9 Where the ends of the casing are -below ground, they shall be a
with grout or sand. sealed to suitably protect against the entrance of foreign motenol
4. No pipe lines she# be lard through or under bridges or culverts, which might i
prevent ready remora/ of the corner pipe
where there is likelihood of restricting the area required for the Where the ends of the cosing are at or above ground surface
purpose for which the bridges or culverts were built, or endangering and ohm high water level, they may be left open, provided drainage
foundations of important structures. /s afforded m such o manner that leakage will be conducted o I' ,
5 If additional tracks are constructed in the future, the protection away from the roadbed and structures p l Cilvc I
gprca/
shollbe correspondingly extended I ~:~:'o : • o •p'
6. Inverted siphons for drainage ai irrigation ditches (C S. 1705) using steel pipe with welded or screwed joints or corrugated iron
pipe with e l/ seems end pints close riveted and soldered hoving o
diameter of 48 inches or less and the required strength to sugport CARRIER PIPE
track, may be installed without a casing. l• Carrier pipe shall be of on approved type with wofdr-tight SOUTHERN PACIFIC LINES
CASING joints. COMMON STANDARD
1. Casing miry be of either carrugaled iron smooth steel or concrete. 2. Corrugated' iron, smooth steel or concrete carrier p(pe
It shall have sufficient sHengM to support frock, except shot o when used without a casing shall have the some strength PIPE LINES
lighter casing moy be used for installation purposes as provided required above for casings.
r in Genera/ Rule 2 above. 3. Cost iron corder pipe used without a easing shall have a FOR NON-FLAMMABLE SUBSTANCES
Nestab/e (knocked .dawn) . type plain galvanized corragoled pipe thickness not less than that specified forCloss 150 Cost iron CROSSING UNDER TRACK
of gage corresponding to requirements of rob/e / may be pipe
used to protect carrier pipes that .are already in place.
NO •SC,ql-E ADOPTED APR. 20,1953
REVISED JAN. 5, 1970