57133 ~ 72nd Avenue
4 S-2660
Room 251-N Union Station • 800 Northwest Sixth Avenue • Portland, Oregon 97209 IN REPLY PLEASE REFER TO
C_ T. BAKERS
SUPERINTENDENT
W . F. ClFRR1ER, JR. December 12S 1975 Deed 57.133 Cook
.
ASSISTANT SUPERINTENDENT
J. W. FERGUSON Tigard
DIVISION ENGINEER
Tigard dater District 7~ 8841 Commercial Street
Tigard, Oregon 9'7223 "
11 iT 7J'SCT: Deed 57133 - City of Tigard - MP 749.18 -
1211 wi_thi.n 2011 water pipeline longitudinal crossing
near COOK (Tigard) _
Gantlenlen :
!~~I',1',ClClt~tc~ are t~1]~.)ltCLlt%!~ collnt:r`rp.Irt s o1' an Tndent,ure
r? l:. 1-,inr; to your installation of a 1211 water pipeline Gvithi.n
.a 2011 casing crossing our property at 1Iilepost 719.18 near Cook.
Tf satisfactory, please arrange for execution of this
Tndanture returning the duplicate counterpart to this office for
filing ;purposes.
You will note that Indenture has been executed on behalf
of Southern Pacific Transportation Company. Agreement should
also be accompanied with a check in the amount of $150 in final
consideration of said Indenture.
In the event any work upon or in connection with above
installation should be let to a contractor, please advise name and
address so that we may enter into an agreement with them.
5 Yours truly,
Attachrnen
[RAF - VI - 11/18/75]
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO ALSO ASSIGNED E E
ofto MCI-
lamed LEAZD C,
178549 57133
,t reet AUDIT N0._r......__
Wdress AUDIT NO. -
:Ity
Mate
.IP L_ J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Mile Post FD-749.18-X-N
THIS INDENTURE, made this day of , 1975,
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 reservations,
covenants and conditions herein contained, the right to construct, re-
construct, maintain and operate a twelve (12) inch water pipeline within
`a twenty (20) inch casing, hereinafter collectively referred'to as'
"structure",..in, upon, along, across and beneath the property and.tracks
of Railroad, at or near. Tigard, in the County of Washington, State of
Oregon, crossing the center line of said tracks at Engineer's Station
335+30, Mile Post 749..18,.in the location shown on the print of Railroad'
Oregon Division Drawing L-3484-A dated September 10, 1975, 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 One Hundred Fifty Dollars ($150).
-1-
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.
-2-
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.
-3-
Fom C-1, 5/19/72
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 x
to be executed in duplicate the day and year first herein written.
SOUTELERN PACIFIC TRANSPORTATION
COMPANY,
By
Title r, Contract Dept .
Attest:
sistaat ecr tart'
IG 2A DIS CTS Chairman.-Aoard of Commissioners
STATE OF CALIFORNIA )
City and County of San Francisco ss.
On this -day of ~(1~l'Yt✓3 in in the year One Thousand Nine Hundred and Seventy f U4_
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.) ` 14 , ' d J..
i
e; GENc H. EL.! i^'CE~? S known tome t be~tlie Au 74- a
pRIPlCIPnL pLla F fir" SW!N'S IR of the corporation_described in and that executed t e within instrument, and also known
Cl're SAN C Oll;lTY OF to me to be the person.Lwho executed it on behalf of the corporation therein named
SAN FR•`NCISCO ~ and -j~heacknowledged to me that such cor oration_exeeuted the same.
Ny Commission Exp res July 11, 1`J?7 / - p
- IN WITNESS WHEREOF,1 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 City and. o my an rancisco, of California.
My Commission Expires July 11, 1979
Line TILI_AMooK BRaNCH PIPE CROSSING DATA SHEET OREGON DIVISION
Drawing L-3AZ4-A
E. S. 335+3,7 Date 3EPT10,11T?5
M P '149,19 FO 774-9.118 -X
t RI. C, R1W
~C.
AppI i cant TiGAP.p WATER QIsTRICT. TIGARD 1.91 M1 CooK0.99 MI
Address 8841 JW COMM~R~IALST.,TIGARD)ORE6DN 97"23
Location S.W,7Ave. Sw7+ '
^ 40 9 1Z 000T11.E-1R0N pVpE
Face I i ty PUoLIc WA-rsa `JER.yICE. QV~ MAB.KER
Purpose TRANSMIT WATER
ToWiuseuR.~•c-r.
Materials and Installation as per CS I'141
~ - 9
Is Pipe Under Pressure ? Ye 4
a * -.---ToTILLA,1611001K
Distant From Bottom Of Tie To Top 0f Casing 3-(Y MIN. MARKER
If less Than Y-O" why
If Pipe Carries Flammable Substances and has casing, Numher
and Location of vents
LOCATION PLAri
j 1" =100
4. Materials Carrier Pipe UCTILIM IRON
00 Casing TEEL LEBEND
~ 12:1-10 SHc)vvs LEASE.
e Carrier Pipe r,,- ,
N N Olameter Casing 20 00 SHoWs SPTCo.PaoaEm-Y LINE.
Smooth Steel (In.)
E Pipe Wall -Thicknes
E *(of casing, if used- Corrupated Metal (Gage)
0 otherwise carrier pipe) ,
Carrier Pipe 332
Pipe Length ,
`c Casing r
a If Pipe Is Reinforced Conc. A S.T.M. Class
W
a) C' Designation
~ 'i ~-aN~ssSTE~~t3rwDS-SPeR.lB Pta~
If Pipe Is Cast Iren A.W.W.A. Class 12~~Wa-rE9- LiNs.
- 2-2-"XI V ROUGH RISDMODSKlcs 2d` ~EELCXSING.
~ Furnish Sketch Q
Plan, Cross Section and Description of Track or Tracks v-t3
Under Which Proposed Pipe is to be placed togerher 2 ~EGTION
~J
with all necessary dimensions. No ScALe
Form C E 35569 Sept. 170
Note : % n~ 1 ab/et subs/o r es9 Mop S d ng d S~~ta`e 7C. S.
4 I
see C.S. 1742. t n
ubgrade =77'77' ''7 ; 77 rOn ! TABLE I
THICKNESS OF PIPE CASING5
Bollom of Dilch or- FOR SUPPORTING r4ACK
p fx&M706-041170'L117e Inside Ca-rugaied Srn^a1,5
Diameter Iron Pipe ~SteelA;v
01 Inches US Std.' u~'^ct~e
Casing Pipe Carrier Pipe Gage No. Inches
- - - - Pipe Line under pressure ~ ~ 4 to /o /4 e
- ` /2 /4
15,18 /4 k4
/.3D 12=0 12 *-0
/.50 5'0 2J 14
.50, J6 1 /0 1 f/&
PIPE IN EMBANKMENT (See Genera! Rule 2) PIPE IN CUT 48,54,60 e
TABLE 11
RULES 6011ERNING THE INSTALLATION OF PIPE LINES TRANSM1TT1,V6 2. Metal casing for supporting track shall Conform to th/cknesses CONCRETE ENCA5E44ENT
WATfR OR OTHER NON-FLAMMABLE SUBSTANCES WHEN CROSSING shown Jn Tatrle I and shall Dare joints of either screw, welded or r/reled FOR PIPES
UNDER TRACKS: type. It shall he galvanized or shall be 0'P ed In preservafive material Nr~be^ of
GENERAL and lhorouThly coaled inside and oufsr. If preserrafive maleria/ 01 A Lar,.;.;fca;nal
cannot be used. on Inside of casing, /hen the. casing shall he
t. Dalance from hotlem of tie to top of p/pe, casmg or concrete at least aae-.gage or lie- thicker than olherwise required. Inches Inches rc Bars
encasement shall be not less than s'O"• 3. Concrete casing for supporting track shall pare the slrength 10,12 4 4
2 Pipe lines under pressure, crossing main hacks and sidings, shad specified 11 7. AVAf Serial Designation C-76, Class W. 15 5 4
be installed in an approved casing. (englh of such casing shall he A1l,joints shall be water- tight and of an approved type of /8 5 B
as shown on the drawing adore. construction.
3 Pipe limes under pressure crossing /racks other Man main hacks 4 The inside diameter of casing shall De 411 /east 2 inches 21,24,27 6 B
and sidings, and pipe /fines not under pressure crossing any track, greater /han the largest outside diameter of carrier pipe. 30 7 12
do not / Ime a casing prorided the carrier pipe is of sail/e%nt 3. Sizes of casing larger Ihan shown in Tah/e I are 4oecla/ cases 33 8 12
slrength to support the track and has wafer - fight jo/n/s, for such and will be derided upon their me,,/s. 9 /2
pipe limes, casings lighter 36 lhan spec/led /n AmMe / for supporting 6. Casing shall he so installed as to prevent formal/on of waterway
/rack may be used for inslallwo pipe, prorided the space helweea earrler under the ra//way. It shall have even hearing throuyhoul its leylh
pipe and casing is hantbIled with graill or sand. and sha// slope lowmd one end. A %1•OS{%rrups A
!f carrier pipe does not /rare sufhYient slrength 1o support hack, 7. When pradicab.le, casing may be insta/led 0'y the jacking or r_1 2'0'c!o c.
cas/ng or concrete encasement must be installed, Length of casing boring method, !f installed by tunneling, space around 'carrier pipe
measured a/ -*yhl. angles to hack shall extend each side of center must be hacflr7led w11h groul or sand. -
/fine of track four fee/ plus the verl/ca/ distance from hnfiom de fie e. When placed in open cut, ooe hoes hav/ng d/ameler of 36' or e r
10 lop of cas/ng or encasement Grit not less Man /en feel, except less, when crossing tracks other /han main !racks and sidlogs, may
that whe/i^ cos/ng is insta/led 1/irough rat/road embankment i! s~1ay
extend be encased /n c011crele as shown /n Tad/e Q. • I + M1 f
beyond slope of emhankmenl. 9. Where the ends of Me casing are below ground, Meg shall be r
4. No pipe lines shall he laid Mraugh cr under hr/dges or cu/rerls, swYab/y prolected against the entrance of foreign material,
where there is 11ke/ihood of rest-/ct/ng the area rgwired for Me which nighl prevenl ready removal of the carrier p/pe. Yk, 01 purpose for which the bridges or culverls were but//, ar endaogeriny Where the ends of the cos/ay are at ar above ground surface and
foundations of imoay -1 .511 welml -es. adore h/gh water level, they may be left open, provided drainage a I Clear
5. If add/t/omal hacks are conslrucled /n the future, Me protect/on is afforded m such a manner /hat Me*age W/ll be conducled
sha// be correspond/ng/y extended, away from Me roadbed add struc/ures.2 'yac~
6. !averted sphorls for dra/nage or irr/gal/on dItches f - S. /705) l0. Req-i-emenls for cash ys for pipes under main lraclrs and
using slee/ pipe w/th welded or screwed joints or corrugated iron sid/n9s /n bed/Gated slreels may be modi/ed
w,~en aulhorited - - ~+J
pipe ,'1h a/~ seams and jo/nts c%se r/veted and soldered, having a by Chief Engineer.
dameter of 4e inches or less and the repmred strength /o suppor/ CARRIER PIPE
hack, may he installed w//hoal a casing. Carrier pipe shall be of an approved type with wafer light
CASINGS joints. SOUTHERN PACIFIC LINES
1. Casing may Ae of ei/her corrugated iron, smoolh steel ar cmcrele. 2 Corrugaleo' /ran, smealh steel or concrete earr/erp/pe COMMON STANDARD
!t sha// have suff/cieat slrength to support track, except that a when used w/Moa1 a cas/ng shad have The same strength, as PIPE LINES
I/ghler casing may he ased for /nstadat/on purposes as prorided required above for casings.
in Genera/ Ra/e 3 above. 3. Cast Jron carr/er pipe used w1h0val a casing sha// have a FOR NON-FLAMMABLE SUBSTANCES
Nestad/e (knocked down) type p/a/n galvanized corrugated piAe MJcw+ness not I= Man haT speciled for Class /so Call Irm p/pew
Of gage carrespond/n47 to requirements of Table 1 may be CROSSING UNDER TRACK
used >n protect carrier pipes Thal are already fn pece. u0 SCALE ADOPTED APR. 20. 1953
REVISED JULY 24, 1961