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6826 B-3860 outhern Pacific, 'Transportation Company Room 251-N Union Station • 800 Northwest Sixth Avenue • Portland, Oregon 97209 IN REPLY PLEASE REFER TO C. T. BABERS SUPERINTENDENT W. F. CURRIER, , JR. March 22, 1974 W. P. ASSISTANT SUPERINTENDENT J. W. FERGUSON Deed - Misc. DIVISION ENGINCER (Tigard) Tigard Water District 8841 S. W. Commercial St. Tigard, Oregon 97223 Gentlemen: Attached are duplicate counterparts of an Indenture re- lating to proposed installation of an 6" cast iron water line crossing our property at MP 751.45, Tigard. If satisfactory, please execute in spaces provided, return- ing both counterparts to this office together with a check in amount of $100.00 in.final consideration of this agreement. When fully executed on behalf of Southern Pacific Transportation Company, we will forward copy for your records. Yours truly, e.. attachment RESOLUTION TO APPROVE INDENTURE FOR EASEMENT WITH SOUTHERN PACIFIC BE IT RESOLVED that the Board of Comissioners, Tigard Water District, hereby authorizes the execution of the indenture with the Southern Pacific Transportation Company which grants the district the right to construct, reconstruct, maintain and operate a 6-inch cast iron water line beneath the railroad tracks located at S. W. 98th and Tigard Street, Mile Post 751.43, Tigard, Oregon. ADOPTED by the Board of Comissioners, Tigard Water District, on April 9, 1974. TIGARD WATER DISTRICT 1 Clarence F. Nicoli Chairman Don W. Thomas Secretary southernacific Transportation Company Room 251-N Union Station . 800 Northwest Sixth Avenue • Portland, Oregon 97209 IN REPLY PLEASE RSfER TO C. T. BABERS , EYPERINTENDHNT P. CURRIER. JR. AS ASSISTANT SUPERINTENDENT January 14, 1975 Deed 55524 J. W. PEROUSCN (Tigard) DIVISION ENGINEER Mr. Robert E. Santee Administrator Tignr_d Water District 8841 S. W. Commercial Street Tigard, Oregon 97223 Dear Sir: On May 9, 1974 we forwarded to you fully executed counterparts of an Industrial Agreement dated May 9, 1974 relating to Sour installation of a 6" water pipeline crossing our property at MP 751.45 near Tigard. Can you now furniah recording data? Yours truly, Mr. Babersz Returned: Document was recorded at Washington County in Book 974, Pages 641 to'6469'as shown on the enclosures. January 17, 1975 Robert E. Santee e "Goo Sautheen Pacific Transportation Company Room 251-N Union Station 800 Northwest Sixth Avenue • Portland, Oregon 97209 IN REPLY PLSASR REFER TO C. T. BABERS SUPERINTENDENT May 9, 1974 Deed-Misc. (Tigarc W. F. CURRIER.. JR. ASSISTANT SUPERINTENDRNT J. w. F madsoN DIVISION EN61NMM Mr. Robert E. Santee Administrator Tigard Water District 8841 S.W. Commercial Street Tigard, Oregon 97223 Dear Sir: Attached for your retention is fully executed counterpart .of an Indenture dated April 9, 1974 relating to your installation of a 6-inch cast iron water line crossing our property at Mile Post 751.45 at Tigard. If recorded, please furnish recording data to this office. Yours truly,. Attch : PIPE CROSSING DATA SKEET OREGON DIVISION Line Ti//arnook granc/I \ Drawing 1--e 714 -A E. S. 2 33- 4 Date 7 4 Janua.y , FD 75 /.¢5-K M p ~sl, As ` 5 1 a ,Non- Cvn , RIW Wafer drsfrjef TO C;R6T0N TO TlGARb G3 Appl i cant.' Tigard ~ l Address 6841 -s--w- Gornrnercial sf \ 0.451,41. 0-3S Aeff oll~ r~~1t Location Tigard r eon o5~ I Nf~ 1 C► ,p 9 7Z 1 ` ERG{ of Exisfin9 4" Waie- Ligv I Facility Water L, i7e Sy.s fg- m Purpose To Calve Wafer I 'tfi E = ~ CC I-A Materials and Installation as per CS 1-741 2 s %3 1 4 , Is Pipe Under Pressure Yes y 2rs s - rawutsauec~uNCrrou "rt+ 'nroN. Distant From Bottom Of Tie To Top Of Casing if less Than Y-O- Why ? rKlc If Pipe Carries Flammable Substances and has casing, Numher o m D and Location of vents p 16EAJE L t' 0 E N A T f-1~ 1 S W '(1 b A R s Ti LL' `CL Comer Pipe Cgs { Ir0'o Ked rhor:s lease 1 Materials Casing steel lD -shows S,!? 7. Lo, - F;s~;n96" c:ne Carrier Pipe EJJ Prape~iy tine Lo CATlel;y PLAN N N Diameter Casing /2" scale. !"=100' t a e n ( Pis Smooth Steel (in.) I • E. v Pa Wal I Thickne TOP OF RAJ( h FA L r, *(Ofcasing, ifused - Corrupaled Metal (Gage) a v.. otherwise carrier ppej t - - is Pipr length Carrier Pipe !4o' s.. t ° c Casing ro, Z7 F 4s" W cu . , 1 q~ E z" Steel Casing D' E ~ If Pipe Is Reinforced Canc. A. S.1,M. Class -~j CIO Designation 6"Cdsf lrnn,P,~p- o. ° If Pipe Is Cast Ir^n A,N,w.A, Class Q CROSS N Furnish Sketch Q No Scale Plan Cross Section and Description of Track or Tracks Under Which Proposed Pipe is to be placed together v with all necessary dimensions Form C E 35569 Sept. 17, 1967. STAT F OREGON ss Countyy of Washington 1, Roger Thomssen, Director of Records "rIG~iR1~ VSjATEl~ DISTRICT and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify 8841 S. W. COMMERCIAL that the within instrument of writing was TICARD OREGON 972Q received and recorded in book of records No- Uf said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections Deputy t Q 35o i $ 7 d" RECORDING REQUESTED BY WRAF - VI - 006101312-21 - 3/1/741 AND WHEN RECORDED MAIL TO Me I reet 1dress ate P SPACE ABOVE THIS LINE, FOR RECORDER'S USE Mile Post FD 751.45-X-N THIS INDENTURE, made this day of 1974, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation of the State of Delaware, herein termed "Railroad," and TIGARD WATER DISTRICT, a body politic and corporate, 8841 S. W. Commercial Street, Tigard, Oregon 97223, herein termed "Grantee WITNESSETH: 1. Railroad hereby grants to Grantee, subject to the reserva- tions, covenants and conditions herein contained, the right to con- struct, reconstruct, maintain and operate a 6" cast iron water line, hereinafter referred to as "structure," beneath the tracks and pro- perty of Railroad-at or near Tigard, in the County of Washington, State of Oregon, crossing the center line of said tracks at. Engineer Station 215+33.4, Mile Post FD-751.45, in the location shown on the print of Railroad's Oregon Division Drawing No. L-29,14-A, dated January 22., 1974, attached and made a part hereof. Said structure shall be installed to comply with the minimum requirements of Form C. S. 1741, also attached and made a part hereof. As a part consideration for the rights herein given, Grantee shall pay to Railroad the sum of $100. 500A 974 r?,cL 1 rrm C-]., 5/19/72 6826 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 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 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 p~ay 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. BOOK 974 FACE642 -2- i ,rm. C-19 5/19/72 6826 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. BOOK 974 F,%E643 -3- F0`7 "C-1' . 5/ 19/ 72 68M 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. , F t r} SOUTHERN PACIFIC TRANSPORTATIOV q,01TAl ° r By Tit a Flrst"Asst M Conlrtact; Attest uep Tit a Am cit Ailtl 'gA't_§r1B STATE OF CALIFORNIA pa>~ City and County of San Francisco ss' V®~26 On this 29th day of April in the year One Thousand Nine Hundred and Seventy f'Drrr before me, GENE H. ELLINGER', a Notary Public in and for the City and County of SanFrancisco, State of California, personally appeared (One Market St.) W Humphrey L. P. Blake and R. known tome to be the First Assi stant Manager, Contract ne=ertMe„t and Assistant Secretary D GENE H. ELLINGER of the corporation described in and that executed the within instrument, and also known NOTARY PUBLIC-CALIFORNIA to me to be the person! -who executed it on behalf of the corporation therein named PRINCIPAL PLACE OF BUSINESS IN and qY _acknowledged to me that such corporation executed the same. r CITY AND COUNTY OF. ~h SAN FRANCISCO My Commission Expires JUIy 11, 1975 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the City and County of San Francisco, the day and year in this certificate first above written. Corporation Notary Public in and for the y and County 6f &fh rani ' tate of California. My Commission Expires July 11, 1975 BOOK V 74 FA 645 V InuL%~Vzz - - - - -4- S d ~g S~~fe`e r C. S, Note /amino ahlensuhslanr es9 or l see C S 1742 Subgrade end TABLE I Ditch Tf11CKNtW 17F RIPE CASINGS , m n , Bottom of D11th or FOR SUPPORT/NG TRACK Sz Existing B wiW Line Inside avm0a Smooth ~ m c LYameter ,Iron P/ Slue/ ' Q yZ 3 -0 Min ifno casing US Std. Min Riic Carrier Pipe w Casing Piper Seel (See Cosing Note No7) Inches No. Inches - - Pipe Line 4 1a /0 14 r8 i 6 12 t o /4 e Corner Pipe 'r 15,18 14 4 30" h.5D /2=0" 5'-0"t N 21 24 12 But not less than k7-0" 30.36 /0 PIPE IN EMBANKMENT (See General Rule 2) PIPE IN CUT 485460 8 RULES 60YERNIN6 TH£ INSTALLATION OF PIPE LINES TRANSM/TTIN6 2 Metal casing for supporting track shall conform to thicknesses TA&E d WATER OR OTHER NON-FLAMMABLE SUBSTANCES WHEN CROSS/N6 shown in Tahk. 1 one, shall have joints of either sow, welded a riveted CONCRETE ENCASEMENT UNDER 77?A0(S: type. It shall be grihanired or shall be dipped In preservative material FOR PIPES 0170' throough#, ;coated inside and outride. If preservative material cmuot ( be eo' on Inside of casing, then ,the casing shall be at least one gage Niirpber of 1. Distance Hfror?&Vnof tie to lop of pipe, casing or concrete encasement shall or thicker than otherwise required. 0' A Long/iudinal not be less then 3-'0 (See exception in Gvwro/ Note 3.) Conemle casing for supporting track shall have the sfrength specified Inches ladies f2'o Bars 2 Any pipe lines crossing any hack do not require a casing provided the carrier in current ATSM Serio/ Designation C-76, Class /V. All joints shall be water- /0, /2 4 pipe is of sufficient strength to support the track and has watertoW pmts. For such tight and of an approved type of construction. pipe lines, casing lighter than specdied in table I for supporting track may be 4 The inside diameter of casing shall be at least ?inches. greater than the 15 4 15 used for Installing pipe, provided the space between corner pipe and casing is largest outside diameter of carrier pips /8 5 8 backfilled with grout or sand 5 Swes of casing larger than shown in Tabie I are special cases and will 2j 24 27 6 8 If carrier pipe does not hove sufficient strength to support track, casing or be decided upon their meats { concrete easasemenl must be installed Length of casing measured at ng& angles 6 Casing shall be so installed as to prevent formation of waterway under 30 7 W 1 to track shod extend each side of center 71be of track five feet pit& tits wwtraal the roihvay It shall have oven bearing throughout its length and shall slope 33 8 /2 distance from bottom of tie to top of casing or encasement but not less then ten /award are end 36 9 . 12 feet, except that where casing is Installed through railroad embankmedit 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 is less 3 When practicable, casings andearrkr pipes. may be installed by ft jacking or than 3'-0 Casing under ditch may be separate from, or a continuation A fia'6Slirrups A . boring methods. h these methods are used fhe minimum depth from balkm of casing under hock, and must extend a minimum of /'-0" beyond top of lie to top of pipe or bore mast be 3'-0" or one pipe dometer, whichever shoulders on each, side of the ditch , is greater however, where there is good cohesive soil the depth may 8. When placed in open cut, pipe lines having diameter of 36"or o be less Man one pipe diameter, but not less than 3'-0, with less, when crossing tracks other than main tracks and sidings, may ° special permission of the Chief Engineer. If installed by lulne/mg be encased in concrete as shown in Toble Y. ° or boring, the space around casing or carrier pipe must be bockfilled 9 Where the ends of the casing are -below ground, they shall be 1 with grout or sond. sealed to suitably protect against the entrance of foreign material I 4. No pipe lines shell be told through or onder bridges or culverts, which might prevent ready remove/ of the carrier pipe ; where there is likelihood of restricting the area required for the Where the ends of the casing are of or above ground surface ~ ~ ` d J~ purpose for which the bridges or culverts were built, or endangering and above high water level, they may be left open, provided drainage foundations of important structures is afforded In such a manner that kokoge will be conducted o ckvr 5 If additional tracks are constructed in the future, the protection away from the roodbed and structures shall be corre0andiog/y extended. gp0 6. Inverted siphons for drainage of irnoollon ditches (C S. 1705) using etasl pipe with welded or screwed joints or corrugated 4ro0 pipe with a" seams and pints close riveted and soldered having a E diameter of 48 inches or less and the required strength to support CARRIER P/PE track, may be installed without a casing. 7. Carrier pipe shall be of an approved type with water-tight SOUTHERN PACIFIC LINES CASING joints. COMMON STANDARD 1 Casing may be of either corrugaled iron smooth steel or caxrek. 2. Corru ated' iron, smooth steel or concrete carrier p'pe It shall hove sufficient strength to support track, except that a when used without a casing shall have the some strength PIPE LINES lighter cosM9 may be used for installation purposes as provided required above for casings. !n General Rule 2 above. J. Cost iron carrier pipe used without a cosbq shall have a FOR NON-FLAMMABLE SUBSTANCES Nestab/e (knocked .down). type ploin galvanized corrbgoted pipe thickness not less than that specified for class 150 Cast Iran CROSSING UNDER TRACK of gage corresponding to requirements of Table / may be P/pe used to protect carrier pipes that are already in place. MO•SCALE ADOPTED APR. 20,1953 REVISED JAN. 5,1970