59546 ~ Upper Boones Ferry
Southern Pacific
Transportation Company
Room 251-N Union Station • 800 Northwest Sixth Avenue • Portland, Oregon 97209 IN REPLY PLEASE REFER TO
H. D. FISHER
SUPERINTENDENT April 10, 1979 Deed 5 546
W. F._ CURRIER. JR. k
ASSISTANT SUPERINTENDENT (Co
E. A. HOWDEN
ASSISTANT SUPERINTENDENT
J. W. FERGUSID N
DIVISION ENGINEER J IJT/
Tigard Water District
8841 S. W. Commercial Street
Tigard, Oregon 97223
Gentlemen:
Attached are duplicate counterparts of an indenture dated March
28, 1979 relating to proposed installation of an eight-inch ductile
iron Class 52 water pipeline within a 14-inch steel casing, crossing
our property at MP 749.04 near our station known as Cook, as illustrated
on attached Drawing L-4547-A, dated February 15, 1979.
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 x$200
in consideration of this indenture.
If work is to be let to a contractor,-please furnish name and
address so we may enter into a Contractor's Right of Entry Agreement
with him.
Yours truly,
Attachment
RECORDING REQUESTED BY RP" VI - 3/22/79
AND WHEN RECORDED MAIL TO
Name
Street
Address
City
State
Zip L J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ALSO ASSIGNED
LEASE
AUDIT NO...yG
AUDIT NO RELMIS : FD-749.04-X (N)
THIS INDENTURE,, made this day of /Vlhll_o h , 19
by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware
corporation, herein termed "Railroad," and TIGARD WATER DISTRICT, a
body politic of the State of Oregon, address: 8,841 S.W. Commercial
Street, Tigard, Oregon 97223, herein termed "Grantee";
WITNESSETH:
1. That Railroad hereby grants to Grantee, subject to the
reservations, covenants and conditions_herein contained, the right
to construct, reconstruct, maintain and operate an 8 inch ductile
iron water pipeline, hereinafter termed "structure," in, upon, along,
across and beneath the property and tracks of Railroad, at or near
Cook, in the County Washington, State of Oregon., crossing the center
line of said tracks at Engineer's Station 347+18, Mile Post 749:04,
in the location shown on the print of Railroad's Oregon Division
Drawing L-4547-A, dated February 15, 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 $200.
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.
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 thq. 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 stork 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.
The word "Railroad," as used in this section, shall be construed.
to include. in addition to Rai lrnad . thA cti~+ncca~r~ acc+; n„~ ~..a .
city 111(1 (,ouat), of San Fr;tttc;isc:u )
()It this Og 64 clay t)i. in t-i!r Mezl"
"`;t r ttltr. 1'ht~us;lntl ,V t►1u Illtnc re(I ,rn~l vc t -nine he i ~,r~.• r,~ ,
!u)PJ111,J► J,. l,l:'°lilt (Unc 1'1arl,et • P1az;r j , a 11()r.:!
the city ;11111 Coulity of S-111
I)Crsuiially ;tppeal-c(l IV. .1. 1101101"1, Kilowi1 to 1.1- t(1 J)c•` tllL. lks-tii :t,!!;!
Il;tn;t};cr, Contract Department, of the col-i 0r:tl i0n
(1C5Cri I~( cl in ;1ntl that exec;ttte(I t1W t,• i t h i n i rt:. t rt!lnc:tt r. , at!(1 :t 1 •n
known to me to' he tits person w11o cxe(-tt t 0(1 I t 011 1)C))a I f o l Like
col-Iro t-at. i.olt tliercia n.unctl ~tr►(1 Ile kn.~arl c(I};e(1 to I"C
t)u1t suC11 curl>uratioa exec:ute(1 the S:t!!c .
ItJ lV("I'dI:S`~ l~'lll:l?Iall~, I Il;t~c
lie re till t set
Ft t:
DONALD L. LEZE L: i;►1 s"'.!! ;!t
ti R l2 ;lffi, d 1111' a1,Ci.
(SOT ' G OF BUS1,:~SS i J my o f r i c t' Ill the City .111(l
pg?NCfA PL4C Q.
OF
-l CITY AND COUNT( is (;(1un t t (r ( :;t l1 } r;11►C i s" l1 ,
SAN FRANCISCO ~l
t)iC.` ();1%- ;11111 ~'(•:1 t` 1J1 t }1 1 S
My Commiss Expires June 13, 1979
ion
C crt:i fi:(':ttc first ;tl)uvc
~ i Vri1 W Ilri ~-11
TRANSPORTATION-CO Y .
By Robert E. Santee
By ,WY
(Title -Assistant an
z, (Title) Administrator
jlontra Dept.
Attest
J
J -f- I Attest ,cz.:~ I-
Assistant Secretary i le
cy Larson
fice Manager
4 -
N.91e: forPP ie lines Corr'irr Maur Trask 1ac~ . C.S.
9 g Siding SV( 1741
!rommub/e sudffonces or Sidi
TALE I
see CS 1741 Subgrade r " Ditch GI~Jrd 71t1CrrVZW OFP PE CASINGS
ti , '~ftollom of Ditch or fOR SUPPORTING TRACY
• _ ~ fi/efirr96raundline inside Carrugale~ Smooth
A%Pmefer traitPfpe S/eel)"e
0 ~Z o~ 3~-0"Mrn,ilnocnsirrg U.SSfd, Y2Thittn ess
Carrier Pipe I wl Dosing Pipe r-Sed! (See Cesrng Note N&V lnChes No. Inches
4• to M 14 ' 'r8
Pipe Lore 12 14 s
1 Cornet Pipe 'r 15,18 14 `4
SDy /.SD a-0' ,f, 5'0"fN 21,24 12 A4
I 8ul not less than A7.0 30 ib l0 3i
PIPE IN EMBANKMENT (See Genera/ Rule 2) PIPE IN CUT 4a 54,69 e
RULES GOVERNIN6,rHFASTALLAPONOFPIP£LINES T.R44SA67T/YS 2 A~g!a! casing Icr Supporting trick shelf conform !o Mucknesses TABLE II
WATER OR OTNER NON•FLAMM,49LE SUBSTANCES WHEN CROSSINS s."awn ra Iable 1 and shall hcve amts of eahersoew, welded or riveted CONCRETE E11CASE~'/EN7-
UNO£R TRACKS type It short be gateanrred or shall be dipped in preservotrve material FOR PIPES
and lhoroughy coded Inside and oursrde If preservative malerial cannot Yumbsr of
be ed on rnsroe of casing, then the casing shell be at least one gage kin-c-OA-w A Lon rfadrnal x#e
I Onlance H Irpm baMm of fie to top of pipe, casing a tonaehs enCOSemerd soul! a lhitka then dAerwise required s 02-0 Bdrs
not be kss Mdn 3'-0" f See excepAan In GHrerd Note 3 J 3 Concrete casing for supporhog track shall have the strength specified
2 bey pipe Imes crossing any hock do nil require a casing proviaBd tie carrier m current ATSM Serial Desrgmhon C-16, Class IV. Atl joints shall be wafer • 4 4
pipe rs of suffeienl strength to support the hack and has waterlrg/r l; -s fa srn Irght and of an approved type o1 construction. 4
pipe fines, casag fighter !bon specified m !able l for supporting hac► acy be 4 The inside diameter of casing shall be of least 2 inches greater Man Me used far :nsratrmg pipe, cre-iBit me space oelween carrier pipe and cis rig s st outside diameter of carrier p pe. 5 B
bacrldlef wth grout or serif 5 Saes of casing larger than shown in 1'oble 1 are special cases and will 1124 21 6 6
If werrer pipe does not hove sufhneno strength to support f1c:►• casnr; Or be decided upon their menu
concrere enosement must oe installed I enCIA of casing measures JI r -I c^j es 6 Casing shill be so mslol/ed as >a Peveal 10171001100 of wderwoy unol r 3: 7 f2
to Ircct shall extend &CA side of ceder fine of l%x NO feet p:JS S?e wrcar t. a railway 11 sholt hove even beonng Mrougnod its rengM one shall slope 3-1 a 12
distance from bottom of he to tap of casing or euasemenl but net ess Man ten toward one end 36 9 12
feet, except !,fiat where casing is installed through railroad embanxme7 it shall 7 Regardless of the stengM of carrier pipe, casings must be provided
extend beyond s/ape of embankment. at all rccarrans where Prpe crosses under drainage ditches if corer is less
3 When practicable, casrjs and carrier pipes may be Installed by re /ocAnng or than 3'-0" Casing Winer ditch may be separate from, 01 0 c0171maaho11 A rr/2'eSfrrrups A
boring methods 11 these methods are used the minimum avin Gam conam of casing under pack, and must extend a minimum of l•-0" beyond lop
of he to top of pipe or bore must be X- 0" or one pipe diameter, whichever shoulders on each sae of the ditch. ,
is greoter, however, where there is good cohesive sod the onolh may 6. When placed in open cut, pipe lines having diameter of 36Mor be less Man one pipe diameter, but not less then 3=C; wM less, wAen crossing Necks oMer Than main frocks and sidings; Noy -T
o~,,
special permission of the Chief Engineer If installed by ►urInelrng be encased in concrete as shown in ruble IT.
or boring, the space mound casing or corner pipe must be backldled 9 Where Me ends of Me casing are below ground, they shall be j
with grout or sand sealed to suilably protect 090rnsl Me entrance of laergn molerrol
4. No pipe lines shad be lad through or ander bridges or culler Is, whrrh migti prevpm ready removal of the comer pipe 0' a
where there is hkelrhood of restricting the area required for tee Where 14e ends of 1110 casing are of or oboe ground surface
purpose for which tee bridges or culverts were buul, or ecdangen^g and oosre high water revel, they may be left open, provided drainage I'
foundations of important structures is oflaaed in soc.h o manner shot kaxage will be conducted e` ' Cra,
5 If additional tracks are Constructed M the future, tin ardechen away from me roodbed and structures : gpitel
00/1 00 correspondingly extended. I • • '
6.Inverled siphons far drainage of irrigation ditches (C. S. 17031
using steel pipe with welded or screwed joints or Corrugated rroo <
prof with oU seams dad pmts close rfre/ed and soldered having a
diameter of 9B arches or less end the required strength ►a sapperl CARRIER PIPE
trock,may be installed without a casing, t Carrier pipe shell be of on approved type with wale'r-11gAt SOUTHERN PACIFIC LINES
CASlN~ joints. COMMON STANDARD
1. casing nor be of timer Corrugated iron tmoorh sleet or cmaere 2. Corrupolee iron, smooth steel or concrete carrier Ppe
N $Aa11 how safttuenl SOORPm to support frock, fxrepJ teal a when used without o casing shall have the some strength PIPE LINES
hgMer easinp may be used for installation purposes as provided requrrreabore fur casings
ra General Rule 1 obove 3Cost iron carrierpipe used wi*ouf a eosmf shall havea FOR NONFLAMMABLE SUBSTANCES
Nes/able !knocked down) type plain golvanrxed carugaled pipe thickness not less than'het specified ferClass 150 Cast iron CROSSING UNDER TRACK
of gage. corresponding to requirements of Table i troy be Wipe
used to protect carrier pipes that are olrfady rn plate W SGM,E ADOPTEC AOR 20. 1953
REVISED +a'a 5,1310
.t
OREGON DIVISION
Line ~'illama13k 8railch PIPE CROSSING DATA SHEET
DrOwitl4L 43ar-A
E.S. -141+r8 ~ Date Feb, :57, 197.9 FJ:-749.04-K
M.P 7$7.04 (1RevDA~-6 rVon-Con9, R/VV
L7 )P_ - o ~ a I
a tk '
I rt
Appl i can t -r16ARL1 WATER DI5 rRlc T 6,
Address 664, 5-W Comn)LArc;,31 St', 7,9ard,0rFporr 972 Z: HI o~ j
locatian Upper Sooner Ferry Road a I c re" wgTf,t c,HC
Faci I i ty Public Wafer SeryiCA°.' 13tca 4.g5I8
Purpofse Tiansrnif Water ~t 'a° ` "1 ARK6
G 35 ~
Materials and installation as per -rt it 1 4513 uR .LUN
CS l ~4! 1 wi[
Is Pipe Under Pressure ? Yes
~--_70 TtLLAM02K B
Distant From Bottom Ot Tie To Top Of"Casing 3' r~r/'n, G
3 S 1
M
If Less Than 3'-O"Why ~ 4 IL
1
If Pipe Carries Flammable Substances anti has casing Numher
and Location of vents
_ 2" GAS, 04- ISI193 1 1 i OfE9 SgZZt g° SANlr4R7 r,-vde I
CL C,irrier Pipe oL;-e-file lron, Class 5Z
00 Materials Casing steer. LOCA7-10N PLAN
(D W y $G.dle;'P"=1a0' T p rIGARO 2 06
Carrier Pipe TO Gook /,p4 N41
(V N Diameter Casing 1.4r, o-o, O
i , Smooth Steen-~¢ (in.)
Pipe Wall Thicknes lop o.r Ra
E ' *(Of casing, if used- Corrupate(l Metal - _(Gage) ^ - li
a otherwise carrier pipe)
w p 'Carrier Pipe 1,130 F+
w POP length c
Casing 40 Ff /4"0,13. 57fEL CAS,,vo 5
I
E If Pie Is Reinforced Conc. A. S. T. M. Class~-
pSTAINLESS STEfG BAN.OS,
E C" . Desi Rnati on s RER !S* L£N6rH OF P,PF J'~ / p t PrPC
o, C 1
e Q Duct%le barn
° If Pipe Ism A. W. W. A. Class 52 LEGEND 2•z„x13"RQOGN ;
L
~ a , Reawooo Sa~o~
u Furnish Sketch Q---.1~'ed Shows crossInJ,.
BIYWEFN BEGIj
Plan, Cross Section and Description of Track or Tracks . V-►3 shows S. AT, Co.
Under Which Proposed Pipe is to be placed together 2 propene line, C805,5 $ECTIOAI_
with all necessary dimensions. 1,46 scale
Form C E - 35569 Sept. 17,19.P7,