3099 ~ 74th Avenue
RECp.RDING REQUESTED BY
3199
AND WHEN RECORDED MAIL TO
Name I
Street
Address
City
State
Zip L_
SPACE ABOVE THIS LINE FOR RECORDER'S USE
00610/312-21
Mile Post FD-749.66-N
THIS INDENTURE made this /D day of 2d. , 19,x, 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, address: 8841 Southwest 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, recon-
struct, maintain and operate a sixteen (16) inch ductile iron water main
within a thirty-six (36) inch casing, hereinafter referred to as
"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 tracksat Engineer Station 310.5,-Mile Post FD-749.66, in the
location shown on the print of Railroad's Oregon Division Drawing
L-2502-A dated September 27, 1972, attached and made a part hereof.
As a part consideration for the rights herein granted, Grantee shall
pay to Railroad the sum of One Hundred Dollars ($100).
Said structure shall be installed in accordance with the specifica-
tions indicated on the print of Drawing C.S. 1741, also attached and made
a part hereof.
B00K. Far
- - -
Form C-1; .5/ 19 / 72
3099
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 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.
BOOK 89100 Fer,F
-2-
Form C-1, 5/.19/72
3099
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 899 F4G~
-3-
Form C-1, 5119/72
0 9
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.
STATE OF CALIFORNIA
City and County of Scan Francisco ss.
On this 54 day o/ Alv L,,d-k" 6 I /i in the year One Thousand Nine Hundred and Seventy cvv
fore see, Gene H.Ellinger,aNotary Public inandfortheCity andCounty ofSanFraneisco,SiateofCalifornia, Personallyappeared
W. M. ) aekle and R. W. Humphrey, knows to one to to the Vice President and Assistant
Secretary, respectively, of the corporation described in and that executed the within
instrument, and also known to we to be the persons who executed it on behalf of the
Ke:SAN H. ELLINGER corporation tberein and tbey acknowledged to me that such corporation executed the
UBLIC-CALIFORNIA same.
LACE OF BUSINESS IN IN WITNESS WHEREOF, I have bereunto set my band and a/fixed my official
ND COUNTY OF seal at my office in the City and County of San Francisco, the day and year in this
FRANCISCO
ires July 11, 1975 certificate fir st above writ
Corporation Notary Public in and for the City and County of S rancisco, State of California.
MY Commission Expires. July 11, 1975
IN WITNESS WHEREOF the parties hereto have caused these presents
to be executed in duplicate the day and year first herein written.
SOUTHERN PA_ "Fic ,
TRANS 3 CO
By
it
fires' nt
r A".
Attest:
s s i s tai:it-"~S . ,e y
c:
TIG WATER DISTRICT
By ~
t e ( M. Wied Ghairman
Attest:
(Robert E. Santee) Administrator
;nr`~ ~ e.~ - n af~~
r. ~
BOOK 899 PAGE 8
-4-
Note : liAer rmaab/ensubsfon esg A4910 sdg S~~tace 74
see CS 1742 Subgrade G~~►nd TABLE I
Ditch T1110(NEBS oc PIPE CASINGS
Of Ditch
'Botfdm or FOR SUPPORT/NG TRACK
fxrs/WW Ground Line
• i m o ' aside C°rcapated Smooth
v o ~r , GYameter fiatPl Steel P' 1
m2 B 3 0 Min, ifna cosin
Carrier Pipe w Casing Pipe --Seal (See Casing Nola No7) Inches U.SGayeStd NO. bin.filchMk es
- - Pipe Lirle r - 41o.10 14 !B
12 14 s i
Carne/ Pipe 15,18 14 s j
SO" 1.50 12=0" 5'-0"t H 21,24 12
-
PIPE IN EMBANKMENT (See Genera/ Ru/ But not less than 0" 30.36 l0
_0 2) PIPE IN CUT -48,54,60 B
RULES COWANIN6 THE 1AS74LLA7/ON OF PIPE LINES 7RANSM1TT1N6 2 Metal casing for supporting track shall conform to thicknesses TABLE ff
WATER OR OTHER NON-FLAMMABLE SUBSTANCES WHEN CROSSINC shown in Tabk I and shall have joints of either anw, w1ded W riveted CONCRETE ENCASEMENT
UNDER WCAS: type. It shall be gahanired or sholl be dipped in preservative material FOR PIPES
and thoroughly .coaled inside and outside. If preservative materiel conrwt of
( beqs~ on inside of casing, theq the casing shall be at least one gage Number
/..Distance H frorq barn of tie to lap of pipB casing or concrete encasement shall orI °lhicker than otherwise regrdred. d A Lodgiludina/
not be less than 3 -0 (See exceplbo in Gevral Note 3. ) Concrete casing for supporting track shall have the strength specified Inches Itches' !2'0 Bc?rs
2. Any pipe lines crossing any track do not require a casing provided the carrier in current ATSM Serial Designation C-76, Class /V. All joints shall be water-
pipe is of Wffa°rent strwok to support the flack and has wotertW pints. For swh filth/ and of an approved type of conslruclion. /0, /2 4 4
prpe•lines, casing lighter than specified `m tablel for supporting track may be 4. The inside diameter of coring shall be at least 2 inches greater than the 15 4
used for installing, pipe, provided the space between carrier pipe and casing is /a sl adside diameter of carrier pipe. 1B 5 B
backfilled WA grout or said 5. Saes of casing larger than shown in Table I are special cases and will l
If carrier pipe does not have suffloeril strength to support lrdek,Caririg Of be decided upon their meals 21,2427 6 8 0
concrete eacosemevd must be installed Length of casing measured at ii' At angles 6 Caring shall be so installed as to prevent formation of waterway under 30 7 Y2
to track shell extend each side of center line of track five feet AS )he WC1 the roihvay. It shall have even beanng throughout its length and shall sloe 33 9 12
4
distance from bottom of tie to top of casing or encasement but not tau then 1107 toward we end 36 .9 12
® feet, except that where casing is installed through railroad embankmwi it shall 7 Regardless of the strength of carrier pipe, casings must be provided
extend beyond slope of embankment. at all locahms where pipe crosses under drainage ditches If cover is less
3 When practicable, casings and corner pipes may be installed by the )aching or than 3'- 0 Caamg renter ditch may be separate from, are continuation A 0?-0511mops A_
boring methods. A these methods are used the minimum depth from botlom of casing under back, and must extend a minimum of I'-0 beyond rap 2=0
of tie to top of pipe or bcve must be 3'-0"or one pipe diameter, whichever shoulders on each side of the ditch.
is greater; however, where there is good cohesive soil the ABM nw 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 than main tracks and sidings, maya
special permission of the Chief Engineer. If installed by tunneling be encased in concrete ds shown in Table IT or boring, the space around casing or carrier pipe must be back illed 9 Where the ends of the casing are below ground, they shall be
with grout or sand, sealed to suitably protect against the entrance of foreign material °I
4. No pipe lines shall be told through or under bridges or culverts, which might prevent ready removal of the carrier pipe
where there is likelihood of restricting the area requred for the Where the ends of the casing are of or above ground surface d f
purpose for which the bridges or culverts were built, or endangering and above high water level, they may be left open, provided drainage r
foundations of important structures. is afforded in such a manner that leakage will be conducted o'`I
5. If additional tracks are constructed in the future, the protection away from the roadbed and shuctures a.l a Cke+c
shall be correspondingly extended
.,;I•'i.o ' 4.10
6. Inverted siphons for drainage or irrigofion ditches (C 5.1705)
d : : • r o `
using steel pipe with welded or screwed totals or corrugated iron
pipe with all seams and pmts close rivaled and soldered having a
diameter of 48 inches or less and the required strength to support CARRIER PIPE
frock, may be installed without a casing, Carrier pipe shell be of an approved type with water-tight SOUTHERN PACIFIC LINES
CASING j-t. nts. COMMON STANDARD
1. Casing may be of either corrugate0 iron smooth steel or cmaele. 2. Corrugated' iron, smooth steel or concrete carrier Ape
if shall have sufficient streapth to support track, except that a when used without a casing shall have the some strength PIPE LINES
lighter casing may be used for installation purposes as provided required abore for casings.
in General Rule 2 above. J. Cast iron carrier pipe used without a easi7p shall bovea FOR NON-FLAMMABLE SUBSTANCES
Nestable (knocked .down). type plain golvanixed corrugated pipe th/ckness not less then that specified for Class 150 Cost Iron CROSSING UNDER TRACK
of gage corresponding fo requirements of Table I may be pipe
used to protect carrier pipes -that are already in place. NO `SCALE ADOPTED APR. 20, 1953
"@r, REVISED JAN. 5,1970
d~nCe
Line TILLAMOOK, BR. PIPE CROSSING DATA SHEET OREGON DIVISION
S, Drawing; 2502
Date September-.27p 1972 F
0 7-f 9.6-6
eal 14
M,P -7#9- 66 o
N.C.
iW
bb R
44
' ~q.
AppfiCent Tigard Water District
` lGARD C00 K
Address 8841 S. W. Commercial St.
Ti€and+ Oregon 97223 1.4 4 M t~. _ (.66 M i. I
l o c a t i on -r
/ L
Facility S. W. Bonita Road, near Toth Avenue
d 16 1D.I. Water Mck Ti p
Purpose water main
Materials and Installation as per CS C
Is Pipe Under Pressure ? yes + 150 psi
O Distant From Bottom Of Tie To Top Of Casing 13'6" LOW BRUSH
If Less Than 3'-0" Why
If Pipe Carries Flammable Substances and has casing, Number)
ToTiiwmoox To W;IlS6ur
3 and Location of rents Mkt
a 4 Carrier Pipe 16" Ductile Iron
Materials Casing 36 Steel !
~W CD
Carrier Pipe 16" CRE~aN~\.
c_v N Diameter Casing LoCKTtOK PLRiA -~TktC
8.50" B. N) Srrale l4 loo
E Smooth Steel (in.) 6.36" (S.P.) r .Wq i
A Pi;Pe Wall Thitknes -
G *(Ofcasing,ifused - Corrugated Metal (Gage)
otherwise comer pipe)
<<i
y- C Pi L!nth Carv er Pipe l0,ooo, ' S yy
pr g TM``
.0"
° c Casing 1401
! qV
c
w E If Pipe Is Reinforced Conc. A.S.T.M. Class LE G E N D
W, c n, Designation ! - w
C C3
L :_J
Q. If Pipe Is Cast Iren A.W.W.A. Class
: c - Red Shops Leone. G R0 55 SECTro,
Furnish Sketch Q 36 Steel do SCcte,
Plan, Cross Section and Description of Track or tracks V I'S ~hoW S•Q T. Co• GrxSing
Under Which Proposed Pipe is to be placed together PCoPeity line..
j with all' necessary dimensions. 0-6 16 D.I.. water R'pe
Form C E 35569 Sept. 17,19-67.
R DI 'L}V A ~ li~L. L 1 L a P, C L 6641 S. W. COMMERCIAL 6T.
T I G A R D , O R E S O N 9 7 2 2 3
PHONE (5113) 639-1554
i
December 12, 1972
;-tr. A. W. Kilborn
Southern Pacific Company
Le.se Department
ltc w 251 Union Station
Po •t1 und, Oregon 97209
Dear Mr„ Kilbornc
In accordance with your instructions of November 27, 1972
tle ea.seMent document to authorize the inFtallation of a water
whin beneath the S.P. tracks in Tigard tsar recorded at Washington
C( Ul l ty.
Attached is a copy of the document with pages recorded.
Very truly yours,
TIGAU WATER DISTRICT
Robert E. Santee
Administrator
5-2660
Oouthern Pacific
Transportation Company
251 Union Station • Portland, Oregon 97209 IN REPI Y PLEASE REFER TO
A. W. ILBOR
K
SUPE E
R I NTENDN TENDENT November 27, 1972
SU
C. T. SABERS
ASSISTANT SUPERINTENDENT
J. W. FERGUSON Misc.
DIVISION ENGINEER Heed ~ Tigard Water District
8841 S. W. Commercial Street
Tigard, Oregon 97223
Gentlemen:
We are returning for your record your fully
executed counterpart of Easement to cover your
installation of 16" ductile iron water main within
a 36`t casing, crossing beneath our tracks at
MP 749066, at Tigard, Oregon,
When this instrument is recorded, please send
the recording data to this office*
Yours truly,
attch.
LEASE
LIMES
SO m PACIFIC CON T'ANY
Reeffi 251= jai on '~'ta t i,
Portland, OrlI9Pn '972o4 +`r