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59612 ~ Tiedeman Avenue ~ North Dakota Street %O®uthem - Pacifis, Transportation . Company Room 251-N Union Station • 800 Northwest Sixth Avenue • Portiand, Oregon 97209 IN REPLY PLEASE REFER TO. N.-D. FISHER SUPERINTENDENT Deed 59612 W. F. CURRIER. JR. 1Jrw - y 31, 1979 j. ASSISTANT SUPERINTENDENT (Greon-) E A. NOWDEN ASSISTANT SUPERINTENDENT J. W. FBRGUSON DIVISION ENGINEER Tigard Water District 8841 S. W. Commercial Street Tigard, Oregon 97223 Gentlemen: Per recent telephone conversation with lease department representative, attached are duplicate counterparts of an indenture dated May 21, 1979, concerning proposed installation of a 24-ineh water pipeline within a 36-inch steel casing, crossing our property at MP 751085.near our station known as Greton. If satisfactory, please arrange for execution in spaces provided retaining the original counterpart for your records, returning the duplicate for our files together with a check in the amount of $200 in consideration of above indenture. Yours truly, Attachment lrzo-* '-4ww ~/d. P-4 old~"~ sf ,RECORDING REQUESTED BY -.AF/nb - 5/10/79 - VII AND WHEN RECORDED MAIL TO Name F Street Address City State Zip SPACE ABOVE THIS LINE FOR RECORDER'S USE IRA Am. ALSO ASSIGNED S AUDI! Nc RELMIS: FD-75 1.99610(K~-6. ' AUDIT NC. THIS INDENTURE, made this o~l "day of , 1979, by and between SOUTHERN PACIFIC TRANSPORTATION CO ANY, a Delaware corporation, herein termed "Railroad," and TIGARD WATER DISTRICT, a. body politic and corporate, address: 8841 S. W. Commercial Street, Tigard, Oregon 97223, herein termed "Grantee;" WITNESSETH: to That Railroad hereby grants to Grantee, subject to the re- servations, covenants and conditions herein contained, the right to construct, reconstruct, maintain and operate a twenty-four (24) inch water pipeline within a thirty-six (36) inch casing, hereinafter collectively referred to as "structure," in, upon, along, across and beneath the property and tracks of Railroad, at or near Greton (Tigard), in the County of Washington, State of Oregon, crossing the center line of said tracks at Engineer's Station 195+26, Mile Post 751a85., in the location shown on the print of Railroad's Oregon Division Drawing L-4599-A dated April 20, 1979, attached and made a part hereof. Said structure shall be installed in accordance with minimum requirements of Form C. S:.' 1741, also attached and made a part hereof. As a part consideration for the rights herein granted, Grantee shall pay to Railroad the sum of Two Hundred Dollars ($200). -1- Form C-1 May, 1978' 2. 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 with- out expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. 3. 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 performance of its duty as a common carrier, and 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. 4. 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. 5. 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. l 6. Grantee shall bear the entire cost and expense of constructing, 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 Railroad. The plans for and the construction or reconstruction of said structure shall be subject. to the approval of Railroad. 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 re- moval of said structure, including, but not limited to, the installa- tion 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. 7. In the event Railroad shall-at any time,so require,. Grantee, at Grantee's expense, shall reconstruct, alter, make changes in the location of said-structure or otherwise improve said structure upon receipt of written notice from Railroad so to.do. 8. In the event of leakage or spillage from said structure or any vehicle in the control or custody of Grantee or any contractor 2 Form C-1 May, 1978 for Grantee, Grantee shall, at its own expense, promptly clean Railroad's premises to the satisfaction of Railroad, the Environmental Protection Agency and/or any public body having jurisdiction in the matter. Any expense of required compliance with federal, state or local environmental.regulations incurred by Railroad or Grantee shall be borne by Grantee, including any fines and judgments levied against Railroad or its property. 9. 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 struc- ture upon said property commenced within one (1) year from the date first herein written. 10. Grantee, its agents and employees subject to provisions hereof, shall have the privilege of entry on said property for the purpose of constructing, reconstructing-, maintaining and making necessary repairs to said structure. Grantee agrees-to give Railroad five (5) days' written notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad's authorized representatives by phone. Grantee agrees to keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee's opera- tions, 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 ex- pense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 11. In the event any work upon or in connection with said struc- ture 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 Railroad, satisfactory to Railroad, and indemnifying 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 Railroad guaranteeing the faithful performance of all the terms, covenants and conditions contained in said agreement. 12. 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 incident to the construction or maintenance of said struc- ture caused by or contributed to in any way by the construction, oper- ation, 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 3 - Form C-1 May, 1978 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 death 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. STATE OF CALIFORNIA ) City and County of San Francisco ) On this 2." day of ma in the year One Thousand 'Nine Hundred and Seventy- ine, a ore me, CHRISTOPHER M. LUNDIN (One Market Plaza), a Notary Public in and for the City and County of San Francisco, State of California, personally appeared W. J. Honold, known to me to be the Assistant Tanager, Contract Department, of the corporation described in and that executed the within instrument, an also` known to me to be the person who executed it on behalf of the corporation therein named and he acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my off ice in the City and County ~y? CHRISTOPHER M. LUNDIN of San Francisco, the Oay and NOTARY PUBLIC-CALIFORNIA year in this certificate first PRINCIPAL PLACE OF BUSINESS IN above written, CITY AND COUNTY OF SAN FRANCISCO My Commission Expires April 8, 1983 dAotary tic in or the City and County of San Francisco, State of California. SOUTHERN PACIFIC TRANSPORTATION COMPANY B Y Title l4ssis nt Manager i Cry •tract Dept. Attest: s-0 Assistant Secretary TIGARD WATER DISTRICT, By T' le Administrator/Engineer Attest: 4 _ (Title) Recording Clerk i OREGON DIVISION ' QRoute Symbol F station G RETON . Line TI LLAMOOK PIPE CROSSING DATA SHEET L 4599 (bb 4 95+26 t' Drawing Na, - E. S. 1 hl.p• '751.85 Val. Sec.13 Sheet•5-2 Sheet No. G RETON 0.05Mi Ti OAiID 0.75Mi Date APRIL201919 Applicant TIGARD WATER DISTRICT Revised Address g941 -VV- COMMERCIAL ST a FD-751.85x. na COY T1 GARO State E. Zip 97223 i N. C. RAW Facility PUBLIC ATER SERVICE ~ Purpose TRANSMIT WATER" WATER LINE Materiels and installation as per CE CS 1741 ToTILLAMOGK 0 ToWiLLsBUR6 JCT. Is Pipe Under Pressure Y E s 16 195 6 k Distance From Bottom of Tie To Top of *Casing 0 3 MIN. N If Lose Than 31-0" Why? © a U. If Pipe Carries Flammable Substances and has casing h r. 0 Number and Location of vents LEGEND Carrier Pie DUCTILE ~RoN CCL.52) : . 0 1 tv a p RED SHOWS CROSSING. _ e Materials Geeing TRuCTURALSTEEL SHOWS S.P.T. Co. PROPERTY LINE Carrier Pipe 24~' LOCATION PLAN W . ~ m Diameter Casing 36" W o o 0%. z o U- Smooth Steel 3 /8 (in.) > z z g Pipe Wall Thickness ~ + a _ W W W *(Of Casing, if used - ® Corrugated Metal (Gag M ai 0 Lo Z Otherwise Carrier Pipe) I d) a Carrier Pipe CONTINUOUS M yo: c>: y r~ > •a a Pipe Length , 'Lu W Casing 100 24~IaoNCARR16011P8l1% STIML CASING I If Pipe is Reinforced Conc. ASTM Class Dpcn - at If Pipe is is CaIron AWWA Class \J Furnish Sketch 2 MAIN Lima =NT~RCHANOE TRACK i F-^c ir4 i W►LLSauR3 Tc'r. FACINGS-N-73:mcTRAcK Plan, Cross Section and Description of Track or Tracks Under Which Proposed Pipe is to be placed together with all necessary dimensions. E -r t 0:P4 4 Reference to assigned blanket agreement No. No SCALE 411, wrs..Now* w. loom CUMA"Off 9.110 + © FORM CE 35569 SEPT.17,1967 x. Note t/ammah/ensudslari es9 M° nSTdO9 5~~{ace 1741 see C S 1742 Subgrade < . =I,.. n bpd TABLE I Ditch TN/C/(NE$S OF PIPE CASINGS Bolrom of 011ch or FOR SUPPORTING TRACK 1 fxlsting Grand Line Inside Ecrrgpat Smooth GVameter f1w Pl e Sloe/P/ QI IP 3'-0"MIn, lfno casing &S. Std. ozalckness 1 Carrier Roe Casing Pipe r -Seal (See Casing Note N.7) Inches Gage No. lncheS Pipe Line /e 14 Ae - - - - - - 410 /0 /4 'r8 Corner Pipe 15, 18 14 0 12-0" 5'-0"t N 21,24 12 - Sul not less than/Or-O 30.36 /0 s PIPE W EMBANKMENT (See General Rule 2) PIPE IN CUT 48 54,60 8 RULES 6OVEhNIN6 THE INSTALLATION OF PIPE LINES TR4NSM1TTIN6 2 Me/o1 casing for supporting hock shall can/arm to thicknesses TABLE Or WATER OR OTHER NON-FL4MMA8LE SUBSTANCES WHEN CROSS/N6 shown in Tam r and shall have Joints of eilhersasw, welded of riveted CONCRETE ENCASEMENT UNDER TRACKS type. IJ shall be gahonired or shall be dipped in preservotrve molerial FOR PIPES and Moroughy ;cooled inside and outside. If preservolive material cannot ber of ( be red On rnsnde of casing, then the casing shall be gt least one gage Num I bislonce H from bcoom of lie to top of pipe, casing or concrete. encasement rho/l or,;' thicker /hon otherwdse regrdied. ot A Longitud/nor/ no1 be less than Y-0" (See exception in General Nole'd.l 3. Concrete casing for supporting track shall have the strength Spec/ "Id Inches lpches N2 `e Bars 2 Any pipe fines, crossing any hack do not require o casing provided the carrier in current ATSM Serial DesignoApn C•76, Class IV. All joints shall be water- 10.12 4 4 pipe is of sufficient strength to support the !rock and has wa/erhohl joints. For scch light and of an approved lype of construction. pipe lines, casing fighter then specified in /able 1 for supporting track may be 4. The Inside G~omeler o/ casing shall he at least 2 inches greater than the 15 4 used for installing pipe, provided the space between carver pipe and casing is /orpesl outside diameter of carrier pipe. L 5 8 backflled with grout a sand 5. Saes of casing larger than shown in Table 1 are special cases and will 427 6 8 If corner pipe does not hove sufficient strength to support track, casing or be decided upon /heir merds concrete encasement must be installed Length of casing measured at right angles 6 Casing shall be so instolled as to prevent formation of waterway under 7 V2 to track shall extend each side of center line of truck five feet plus the vW&V/ the raihvay It shall have even beanng Mroughoutits length and shall slope 8 12 drslance from batlom of be to 1cp of casing or encosemenl but not less than td7 toward age end 9 12 feel, except that where casing is Installed through railroad embankment it shall 7 Regardless of the strength of carrier pipe, casings must be provided extend beyond slope of embankment of all locohons where pipe crosses under drainage ditches if cover ns less 3 When prachcoble, casings and comer pipes may be Installed by the jacking or than 3'-0° Casing mtder ddch may be separate from, or a continuation A k?-05&-,rVP5 A boring methods. If these methods are used the minimum depth from bobbin of casing under hack, and must extend a minimum of /'-0" beyond top 2=0'eYe6. of he to top of pipe or bore must be 3 O" or one pipe diameter, whichever shoulders on each side of the ditch. , . , . is greater, however, where there Is good cohesive soil the dspM may 8. When placed In open cut, pipe lines having diameter of 36"er be less than one pipe 'diameter, but not less Mon X-0, with less, when crossing /rocks other than main /racks and sidings, may special permission of the Chief Engineer. If installed by tunneling be encased in concrete as shown in Table lI. or boring, the space around casing or comer pipe must be bock(/lied 9 Where the ends of the casing are below ground, they shall be •1 ' With grout ar sand sealed to suitably protect against the entrance of foreign material ° 4. No pipe lines shall be lad through or under bridges or culverts, which might prevent ready remove/ of the corner pipe where there is 11helihood of restricting the area required for the Where the ends of the casing are at or above ground surface 01 purpose for which the bridges or culverts were buib, or endanger/ng and above high water level, they may be left open, provided drainage r foundations of Impaiont structures is offorded m such o manner that leakage will be conducted o l ° Ckdr 5 If additional frocks are constructed in the future, the protection away from the roadbed and structures d shallbe cbnespbndingly extended, gPk 6. Inverted siphons for drainage or irrigolion ditches (C. S. 1705) a ° o using steel pQe with welded or screwed joints or corrugatediroa ° . p.. C .p . pipe with alt rooms and pints close riveted and soldered having a diameter of 48 inches or less and the required strength to support CARRIER PIPE track, may be installed without a casing, L Carrier e shalt be of on approved type with water-tight SOUTHERN PACIFIC LINES CASING joints: COMMON STANDARD I. Casing may be Of either corrugated Iron smooth steel or canrele. 2. Corrugated' Aron, smooth steel or concrete carrier p'pe shall have sufficient strengtn to support Creek, except that o when used without o casing shall have the some strength PIPE LINES lighter cosmg may be used for installohon purposes as provided required above for casings. rn General Rule 2 above. 3 Cost iron carrier pipe .used without a eosog shell hove a FOR NON-FLAMMABLE SUBSTANCES Nestab/e (knocked downj type plain go/wanted corrugoted pipe thickness not less than that specified for Class 150 Cost Iron CROSSING UNDER TRACK of gage corresponding to requirements of Tob/e / may be pipe used to protect carrier pipes Mat are already in piece. NO-SCALE ADOPTED APR: 20,1953 REVISED JAN. 5,1970