7839 ~ Tiedeman Road
RAF - 00610 - PI - 2/6` 9
THIS INDENTURE, made this day of
1969, by and between SOUTHERN PACIFIC COMPANY, a corporation of
the State of Delaware, herein termed."Railroad", and TIGARD.WATER
DISTRICT, a body politic and corporate, herein termed "Grantee'';.
WITNESSETH:
1. Railroad hereby grants to Grantee, subject to the reserva-
tions, covenants and conditions herein contained, the right to
construct, reconstruct, maintain and operate a 10" water pipeline,
hereinafter termed "structure", beneath the tracks and property
of Railroad, at or near Tigard in the County of Washington, State
of Oregon, crossing the center line of said tracks at Engineer
Station 195+80 (MP 751.82), in the location indicated on the print
of Railroad's Oregon Division Drawing L-1424-A, dated January 7,
16'64; `ittac'hed and made a part hereof.
As a part consideration for the rights herein granted, Grantee
shall pay to Railroad the sum of Fifty.Dollars ($50.00).
Such structure shall be installed in accordance with the
specifications indicated on the print of Drawing CS 1741, also
attached and made a part hereof.
BOOK 141 PAGES62
-1-
2/3/60 - 'Form' C
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 transporta-
tion, 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
"grants", 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 be-
come 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 con-
structing, reconstructing and maintaining said structure upon said
property. Grantee agrees that all work upon or in connection with
said structure shall be done at such times and in such manner as
not to interfere in any way whatsoever with the operations of Rail-
road. 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 in-
stallation and removal of such falsework and other protection be-
Death or along Railroad's tracks, and the furnishing of such watch-
men, 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.
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 structures 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
BOOK 741 PAGE 863
-2 -
;r.
2/3/69 - Form C
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-
Eying 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 ex-
pense 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 a_nd
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
property under the control or custody of Grantee, while upon or near
the property of Railroad, caused by or contributed to in any way by
the construction, 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, presence, 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 con-
strued 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 aban-
don 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 ex-
tent 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.
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 con-
struction of said structure. Should Grantee in such event fail,
neglect or refuse to remove said structure and restore said property,
-3- BooK 741 PA006-4
2/3/69 - -Form- C
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 bind-
ing upon the successors and assigns of the parties hereto.
STATE OF CALIFORNIA, ss.
City and County of San Francisco f
~
On +n the year One Thousand Nine Hundred and Sixty X'_
before me, John E Jurgens, a Notary Public in and for the City an County of San Francisco, State of California, personally appeared
(65 MiIrl-et St.) W. M. Jaekle and A. E. Hill, known to me to be the Vice President and Assistant
Secretary, respectively, of the corporation described in and that executed the within
cTOi700 instrument, and also known to me to be the persons who executed it on behalf of
JOHN E- JUDOF the corporation therein named and they acknowledged to me that such corporation
NOTARY PUBLIC executed the same.
PRINCIPAL PLACE OCITY AND COI N WITNESS WHEREOF, I have hereunto set my hand and of xed my oficial
SAN FRANCseal at my office in the City and County of San Francisco, the clay and year in this
My Commission Expires Jtme A 1969 certificate first above written
Corpuratiun Notary Public in and for t City find Co va San Francisco, State of California.
My Commission Expires June 14, 1969.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in duplicate a i~ hg"t,'04y and year first
herein. written.
IC COMPANY
. yy Pr s t
y ice
At s
ss stant ecretary
- TIGARD WATER DISTRICT
By
e
80oK 741 PAGE 8G5 _4_ Attest
Tit )
i~:;: T, rrX-fin` ;7::J•r.-may e..9 ti.• i_ t
Form Approved "
- ,
nera ttornep
Approved as to Corporate Owner:
Valuation Officer
r-
Approve d•:
Chief Engineer
Description Correct:
Division Engineer
Recommended.-
Superintendent
Form of Execution-Approved:
General Attorney
F
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PIPE CROSSING DATA SHE E T jori!I-GON DiVV`'A( i~l
Lino Tillamook Branch
Draeiin~p G-1424•A
195+•80 ~,g, 191~83.z Date Jan. 7. 1969
Sheet No.
MP 751.82 G RETON
Fo`7s,:ez .°x"
MP 751.9 a N. C R Y.'vV
Applicant Tigard Water Pistric* n C4;;
Address 8841 S.W. Commercial S1'
i' l;Qfatioil ~I_ and Ore~on d! °4'!
~i Facility _Water Main V
~ Pu rposc J c.
Materials and Installation as I1Cr
m ,I
CS C
M
00 Is Pipr, 0ider Pressure ?Yes
40 Distant from hot.tom DI Tic To Too OI Casing
I f less Than V-0" wily 2 195 6
To!.Wi Its bur dai-
_ 0 If Pipe 'Carries Flammable Substances andJhas casing, Iumher o Tillamook SRca ae
,wj ~j tf '111d Location of VentS t R.Y.Ca I
~.l r`).: fa: dJ.; Carrier Pipe Cast Iron
_ p, Materials Casing Steel ~i
(5 CO U) t t)
+ ! Carrier Pipe 10 a
N Diameter Casing 1
f=~ ' ' Smooth Steel.3/g (In,)
rr ! u pipe Vial I Thirknos~
'(Oi casing,il used Cnrrugated.rletal (Gage)
"otherwise carrier pipe)
• r! Carrier Pipe
Pipe length 7!((~~► + GasinN _ LEGEND 4
If Pipe Is Reinforced Conc. A.S '1'.M. Class Red Shows Lease i~
Designation -Shows 5.P Co Property line
Carrier Pi pe Casing !
If ~bja
Pipe Is Cast. Iron A.W.W.A. Class 10 Dick. 1'~#
-
4) a, Furnish Skclrh',n
Plan, Cross Section and Description of Track or Tracks ~.Ig
Cross Secf ion Under Which Proposed Pipe is to be placed together
with all necessnry dimensions, No Sca (e
' •6• "~''yay:1G1'iiwS:CiY:: tYAiLia.7J`~Y~1DB/.1.7~'p'y7~N~+~+• or~JMl M4i ~•ti~.iiWPI.Y a►".'K'M C.` !7Y.aluG~""M',., ..•IInh;R#i.'•TS:d.S~Itl;:Y;"o,..... i• ' '
_ C. S.
Note : for pipe Irnes carrying AOWj7 S d n9 d Sd~{8~ 174
16
flammable subst0ncev P
see CE 33A9 Shwl Ab. I o~ TABLE I
Subgrade rw
r)V1C1r#eTS OF PIPE CASINGS
Bottom of Di/ch or AOR SUPPORT/N6 TRACK
f
r/s/ing6round Line nside Cotruga Smooth a
4 , o D/ameter Iron Pl Steel Pow 1
4 U. S std. Alin Dfick
CA
W11 I Casing Pipe Carrier Pipe Ixs No. Inches
Carrier Pipe
C4
,
r', Pipe Line I - 4 to /o 14 a
14
/5'1/8 /4 4 i
5.0 1.5,0 /2=0" 12=0" 1.50 5' z/ Z4 /d
30, 38 /0
PIPE IN EMBANKMENT (See General Rule 21 PIPE IN CUT 48.54.60 B \I'
TABLE d r
w.
2. Metal casnag for spu rN track shall conform to M/ckoesses CONCRETE ENCASEMENT
RULES GOVERNING THE INSTALLATION Of PIPE LINES TRANS1llTT/NG
p° FOR PIPES
WATER OR OTHER NON-fLANNABLE SUBSTANCES WHEN GROSSING shown /v ladle I aN X#W/ Aare 0/nt$ of efhfer screw; er✓ded ar /ruled p
UNDER TRACXS: tape. It shall De ge/van/zed or sha// he d/poed /n reserrat/re material N111171681- of
and /honor /y coaled Reside and o0ts if ~eserratire material d A Lm V0-'0 cannot use~o' on /ne/de oe casing, thlNr 1Dr caslny shall da Inches Inches d2`e Bars
at /east one page or he' Mkker Akan otherwise ragelfro'
3. Concrete aestny for sapporting track S"/ here the strength 10,12 4 4 p m i ent GENERAL NQ shall be wa~Mfight arhd ' am a ~aoW tClam p e l or 15 5 4
Cori ~ract/on. 9~ l8 S B
1. Distance from bottom of fie to !Qp of pipe, cosing or concreve
encasement shall oat be less than 3 0 4 The inside diameter of casiny shall he at /east-, inches 21,2427 6 B
2.A0 pipe lines crossing any track, do not require a cosmp the greater than Me largest odlside diameter of carrier pipe, 30 7 12
caner pipe Is of sufficien/ strength to support the !rack and os water- 5. Sizes of cash y /anger Man shown /n Arwe 1 are 4me/a/ cases 33 8 12
light jomfs. For such pipe knes, cosing lighter than specid /n table I and wii/ be decided upon their merits. 3B 9 /2
for supporting hock may he used for insto0ing pipe; provided the 6. Casing sha//be so installed as to prevent formation of watuway
space between. carrier pipe and cosing is bockiilled with grout or under Me railway. 11 shell Awe even drlpring throughout its length
sand end sloe/l sIgoe rbward are 070' A 0/?'051irrups A
Il carNer p/pe obey not Aare sufficient streenngyth k su l track, 7. When p4ecNcad/e, casing may he insta/led dy Me jaekinp or 2'0"c./a c.
casing or ca lvle encasement must he /?stalled. L~ng of casing 60460, method. If insta/led by tunneling, ,vace around carrier pipe
measurro of right angles M trmut, sha// extend aaeh side of center must be AmAfilled w/fh prow! a- sand!
Ime of &wck hwr feet p/w Me vertical distance' from hntlam of t/e 8. When placed /n gash cut, ,alga hoes having diameter of 36" or
to too of casiny dr encasement AW oaf less Mare lei, feet, except less, when cross/ng tracks o 1her than ma/n hacks and sidnys, may
that where cas/rrg /s /asla/led throagh ra//road emAmAment &W/ be encased /a concrete as sham in Tad/e d. ; I
extend drycrrd slave of emdanhment. S. Where Mw ends of the cas/rrg are below grow,); Meg sha// he d I • I
3. N0 pvpe /lees she// be /aid through or under kr/dyes or culverts, sammly protected aya/nst the entrance of toreiyn material,
where Mere is /itel/hood of restr/cImp, the arch reQQw/red for Me which m/ght prevent ready remora/ of the ceWer pipe. : d +
purpose for which the bridges or cwh2•rts were hu/&, ar matvwmng Where the ends of the casing are et ar adore ground surface sari ac
foundot/onw of /mporArnt structures. Awm high water kve/, they may be left 4m?, provided dim/nays o I ' , o
4. If add/f/oral tracts are constructed /n the future, the protection Is afrigmW /n such a mamer Mat leakage wi// be conducted ° I m
sha/l be corresponding/y ertended, away from Me roadbed end structures.
5 Inverted s/phom for dre/naye ar /rr/yaNarr ditches (C. S. 1705)
using steel pipe w/M welded or screwedoints a' corrugated Iron
/pp wrYh a// seams and pints c/aye r/reled and so/aired, ANring a D
diameter of 4e inches ar less and the reQuired strenyth to mpport C4RR/ER PIPE
Moat, may be /asfa/led w/hfawt a casing. Carrier pipe shall he of an approved type wiYh water Ngh'e
CASINGS joints. SOUTHERN PACIFIC LINES
I. Casing rndy he of e/T<ier corrugated /ran, smooth steel or cme/rk. P. Cormyafed iron, smooth steel or carerete carr/erplpe COMMON STANDARD
It shall Alive sufficient slreaglh to .wppart haut,:excerOt that a when uteri w/hkivt a cat/ny shs// Aare Me seine strength as PIPE LINES
I/ghter casing m4W Ae used for /rrstaNat/on p#rm5e5 as proriaed ra~u/rtigd'adOne for ccWW.
In Genera/Auk 3 aAore. l.Castiron cmrrierA* used wi/houl a caring SAWN have a FOR NON-,FLAMMABLE SUBSTANCES
Nestab/e (knpcked v1rn) type plain yelm,71red corrugated pipe lrXikness not less Man Mat 4vecired tar Cfass 150 Cart Iran pips. CROSSING UNDER TRACK
of page Cerro$ nd~nyy >n r0ga/7eme17'5 of Table I nlaq hS
used >b "tect ccarrler pipes /he/ are already /n place. NO SCALE ADOPTED APA. 20, 1933
i REVISED MAR.10,1968
i
I
- F.
STATE OF OREGON
County of Washington
i, Roger Thomssen, Director of Records and
Elections and Ex-Officio Recorder of Conveyances
q for said county, do hereby certify that the within
instrument of writing was received and recorded
in book of records
f~
No . _
of said County
Witness my hand and seal affixed.
ROGER THOMSSEN, Director of
" Records & Ele I is
may t v e >t a 7
Deputy
•
IGARD WATER DISTRICT
r, 8841 S. W. COMMERCIAL STREET
~ TIGARD OREGON 97223
~F
;