HomeMy WebLinkAbout1967-061 Indenture Southern Pacific Company•-2"0
A W. KILSORN
SUPERINTENDENT
S. W. BISHOP
ASSISTANT SUPERINTENDENT
J. W. FERGUSON
DIVISION ENOINEER
251 UNION STATION, PORTLAND, OREGON 97209
March 17, 1967
City of Ashland,
City Hall
Ashland, 6regon 97520
Attention - Mr. Allen A. Alsing
Dept. of Public Works
Gentlemen:
V. R. RUSSELL
ASSISTANT SUPERINTENDENT
DUNSMUIR, CALIF. 96M
IN REPLY PLEASE REFER TO
Doc-Miscl
Attached, for your retention, is your
fully executed counterpart of indenture to cover
your construction of a 6-inch water line under
Southern Pacific tracks at Mountain Avenue in
Ashland.
When this indenture is recorded, please
send all the recording information to complete our
file,
Yours very truly,
Attach
RAF - V - 12/7/66 - 912521/312-21
THIS INDENTURE, made this 2141day of 196 7,
b and between SOUTHERN PACIFIC COMPANY a corporation 4 the State
Y � P
of Delaware, herein termed "Railroad", and CITY OF ASHLAND, a muni-
cipal corporation of the State of Oregon, 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 six-inch water pipeline,
hereinafter termed "structure", beneath the tracks and property of
Railroad at or near Ashland, in the County of Jackson, State of Oregon,
crossing the center line of said tracks at Engineer Station 1146+ 56,
in the location shown in red on the print of Railroad's Oregon Division
Drawing L-603 -A, dated November 9, 1966, attached and made a part here-
of.
x \
Said structure shall be installed and maintained in accordance
with the specifications indicated on the print of C.S. Drawing 1741,
also attached and made a part hereof.
m
ow rn
115/66 Form C
6'7-02322
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 performance
of its duty as a common carrier and, for that purpose, there is
reserved unto Railroad, its successors and assigns, the right (con-
sistent with the rights herein granted) to construct, reconstruct,
maintain and use existing and future railroad tracks, facilities
and appurtenances and existing and future transportation, communi-
cation 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 be-
come 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 struc-
ture shall be done at such times and in such manner as not to inter-
fere 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 in-
stallation and removal of such falsework and other protection be-
neath 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 reconstructor 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.
7. Grantee, its agents and employees, shall have the privilege
of entry on said property for the purpose of constructing, recon-
sti'ucting, 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
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I
1)/15/66 Form C
6'7-02322
,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 tb.e option of and without ex-
pense to Railroad, a reliable surety bond, in an amount and in a
form satisfactory to said company, guaranteeing the faithful perform-
ance 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
property under the control or custody of Grantee, while upon or near
the property of Railroad, caused by or contributed to in any way by
the construction, 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 clairas, 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, pre-
sence, use or removal of said structure, regardless of any negli-
gence or alleged negligence on the part of Railroad employees.
The -v:,ord "Railroad" as used in this Section 9 shall be con-
strued 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 ex-
clusive possession of said property, or the part thereof the use
of which is so discontinued or abandoned.
Upon termination of the rights and privileges hereby granted,
Grantee, at its own cost and expense, agrees to remove said struc-
ture 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
-3-
RAF - V - 12/7/66
9/15/66 Form C
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 bind-
ing upon the successors and assigns of the parties hereto.
STATE OF CALIFORNIA,
City and County of San Francisco f ss.
M
before me, John E
On this—_S�
--day of in the year One Thousand Nine Hundred and Sixty J0--o'r�_
. Jurgen, a Notary Public in and for the City an County of San Francisco, State of California, personall a y ppeared
(65 Market St.)
«'. Ii. Jaekle and T. F. Ryan, known to me to be the Assistant Vice President and
Assistant Secretary, respectively, of the corporation described in and that executed the
JOHN E. JURGENS within instrument, and also known to me to be the persons who executed it on behalf of
NOTARY PUBLIC - CALIFORNIA the corporation therein named and they acknowledged to me that such corporation exe-
v PRINCIPAL Pt OF BUSINESS IN euted the same.
�� CITY AND CnUNTY OF
SAN FRANCISCO IN WITNESS WHEREOF, I have hereunto set my hand and mixed my oficial
seal at nhy ofice in the City and County of San Francisco, the day and year in this
My Commission Expires June 14, 1969 certificate first above written.
Corporation Notary Public in and o the Ci�il Co of San Francisco,
Aly Commission Expires June 14, 1969.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed .in duplicate as of the day and yea t' lest herein written.
CITY OF ASHLAND, SOUT N P &FIC Cd ,
By r By`"
mayor �—
rf` Attes
Clerk
7/7
C, hb,
-
r ..•• Y cor�t�•;ss;0ri L,;'iti. JUtaC J 1Ju] ....••
'F OF,`
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ecretary
Value of interest
conveyed heroin does
not exceed 1100
Note.- For pipe /fines Currying
flammable substances
see C.S. 1742.
�Caf nerr Pipe
Fil
Main Track
or S Sing
gt k)
w
Pipe Line under pressure
/2=0'
PIPE /N EMBANKMENT (See General Rule 2)
RULES 60VERN1N6 THE INSTALLATION OF PIPE LINES TRANSW/TT1,V6
WATER OR OTHER NON-FLAMMABLE SUBSTANCES WHEN CROSSING
UNDER TRACKS:
GENERAL
I. D/stance from bottom of lie to top of pipe, casing or concrete
ellCasement sha// be dot less Phan 3`0".
2 Pipe /ixs under pressure, cross/ng ma/a tracks aad sidings,
he installed in aq approved casing. Length of such cas/ng sha// 6e
as shown on the drawing abnre .
3. Pipe lines under pressvre crossing tracks other' than ma/n tracks
and s/d/ngs, and pine /Ines lot under pressure crossing any track,
do rent reyu/re a casing provided the carrier pipe 1.5 of svff/clent
strength /o support the track and has water - t/yht , jo/nts. Far such
pipe /1Mes, casings Iighler than spec/flea' /M Table I far supporting
track may be used for insta//iny pipe, pray/ded the space between carrier
Pipe and cesh y /s backfi/led W,'Ih grout cr sand.
If carrier pipe does not have suff/c%Mt strength to sugmH tram,
casing or concrete encasement must de /nsta/led. Le,,7 of casiMy
measured at right any/es to track shall extend each side of center
J/ne of track four feet pies the pert/cal distance from Antfom of tie
to top of casing or encasement &// Mot less h4an In? feet, except
that where cas/ng is installed f tough ra/Jroad embankment /t sha//
extend beyond slope of embankment.
4. No ape /Ines sha// be Iola' hSrovyh ar under bridges a' culverts,
where Ihere /s l/kel/hced of restr/ct/ny the area ref aired for the
purpose for which the br/d9es or culverts were bu//t, or endwfer/ny
foundations of //Mportant structures.
5. If addlllonal lracks are constructed /n the future, the protect/on
shall be correspond/ngiy extended.
6. Inverted siphons for drainage or /rr/gat/on ditches (C. S. /705)
using steel Opm w'lh� welded or screwed. joints or corrugated Iron
pipe with a// seams and , join& close r1j e,,eo, and soldered, h&i-hy a
diameter ol 48 Inches or less and the reQu/red strength /o support
Irea, may be /nstaJ/ea' wi/out a cas/ny.
CASINGS
I. Casing may be of ether corrugated Iron, s MObt steel 4r ccnc/r%.
It shall have Buff/clent strength to 7&,OOart track, except that a
lighter cas/ng may ae used for /nsta//atioM Pulpoie5 as provided
/n Genera/ Rule 3 above.
Nestab/e (knocked down) tyoe plain galran/zed corrugated pipe
of gage corres orrding to requirements of Table 1 may be
used to oroteccarrier pipes that are already /n 0/ace.
Ditch
pipe ''� Carrier Pipe-)
1510
PIPE /N CUT
2. Meta/ casing fw supporting track shall eooform to lwek7esses
sho+m in iab/e I aW shall bare ,pints of eiHier screw, we/abr or rrreted
type. it aba// be gwlranized or shall be doped' /n preservative material
avid fhorou /y coated inside and outside . if preserrattfre material
cannot 6-e used on inside of casing, tftll #" casing sha// be
at least one gage or �/e' thicker thaM Oh*rw/se required
3. Cancrete casing for supporting track shall have the strength
specified in current 4STY Serial Oesigndt/0n C-76, Class /4.
,/alms sha// be water - tight and of an approrrod type of
cOnStruCtiOn.
4. The Ins/de diameter Of Cas/ny sha/J be at /east 2 inches
greater than the largest outs/de diameter of carrier pipe.
S Sizes of casing larger than shown /n Table 1 are _Vec/a/ cases
and w/I/ be det;'/ded upon the/r merits.
6. Casing shellbe so Installed as to prevent format/on of waterway
under the railway. It sha// have eren blear/My throughout /tS length
and shall slope toward one end.
7. When pract/cab/e, casing may be /nsta/led 6y the jack/ny or
boring method. If Installed by tunnel/ng, space around carrier pipe
must be back///led w/Ih grout or sand.
8. When placed /n open till, pipe 1117ei having diameter of 36- or
less, when cross/ng tracks other than main tracks and s/d/ngs, may
be encased M concrete as shown /n Table ll.
9. Where the ends of the cas/ng are below ground, they shall be
suitably protected against the enhance of fore/gn meter/a/,
which might prevent ready removal of the carrier pipe.
Where the ends of the cas/ng are at or d&ve ground surface and
idnre high water level, they may be left open, provided drainage
/s afforded 117 such a manner that /eakaye will be conducted
away from the roadbed and structures .
/O. Reyu/rements for cas/ngs for pipes under ma/n /racks and
s/d/ngs /n dedicated streets may be modified when authorized
by Chief Engineer.
CARRIER PIPE
Carr/er pipe sha/l be of an approved type wifh water -tight
joints.
2. Corrugated Iron, smooth steel or concrete carrier pipe
when 44sed w/lharl a cas/ng shall here the same strength as
regu/red abore for cas/ngs.
3. Cast Iron cart/er pvpe used without a casIlly s/ha/l have a
M/ckness not less than that specified for Class 150 Cas/ Iran pipe.
TABLE I
TH/C/fNESS OF PIPE CASINGS
FOR SUPPORTING TRACK
Inside
Diameter
Corrugated
Iron Proe
Smooth
Steel PJ
Inches
u. S Ste.
Gaye No.
win.T/hat
Inches
/2
J4
i'nc
30.36
/D
3ns
49.54. 60
B
TABLE II
CONCRETE ENCASEMENT
FOR PIPES
d
Inches
A
Inches
Number of
Long/trrdina/
%2'0 Bars
10.12
4
4
/5
5
4
18
5
8
2427
21F3035
6
8
7
/2
8
/2
9
12
A r%2-05&-rups A
—I I 2=0 c. to c. r—
SOUTHERN PACIFIC LINES
COMMON STANDARD
PI PE LI N ES
FOR NON-FLAMMABLE SUBSTANCES
CROSSING UNDER TRACK
MO SCALE ADOPTED APR.20,1953
REVISED JULY 24, t961
ORE.c-.ON pIVW
ujS Her
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p
3b V 1140}5GIIt cF U.G. Wc,1C-r
\\��� '•� V Line CroSsi 3. �'� Cns� lr0n
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Pipe irn44 or iZ., Lorru O+ed
'Iron pipe- t4 Go. Ins}Qli. per-
co1741
ri CO
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4 1145 �Y6 i 1 To POwrLAO r
4 5(?UTHFRN PACIFIC COMPANY
PACIFIC LINE.
LEGENL) 1 � SISkIVGU LINE
-Red shows lease • �0• . , 'o A 51-•I L A t�I 0
-- shows S.R Co. proper line. � �-. Lease for Underground
" y Z Wa+er Line Cro5sin3
C e oi- ASHLAND
o I
_ Scale; V= B0' Nic. Nov. 9 t4G6
N. C• Rf W 1 — REr IZ. o•Cc