5233 ~ Milepost 31 •
1. ,
BURLINGTON NORTHERN
176 East Fifth Street
INDUSTRIAL DEVELOPMENT AND St. Paul, Minnesota 55101
PROPERTY MANAGEMENT DEPARTMENT Telephone (612) 2270911
Mr. Robert E. Santee, Administrator April 19, 1974
Tigard Water District
8841 S . W. Commercial Street
Tigard, Oregon 97223
Re : Station: Tigard, Oregon
Permit No. : OE 3176
Date : March 1, 1974
Purpose : 6" water pipe line
Dear Mr. Santee :
The executed duplicate copy of the above agreement is
attached for your record.
Very truly yours,
A. W. Grauel
General Manager,„ eases
4WX4CY
By: S: S. vo He mst
Lease presentative
att .
slaw
• 3 Pipe Line .
No. OE 3176
THIS AGREEMENT, made this let day of March , 19 74 , between
OREGON ELECTRIC RAIZ' WAY OVMPARY, au Oregon corporation, hereinafter called "Railroad,"
and TIGARD WATER DISTRICT, a municipal corporation of the State of Oregon,
whose post office address is 8841 S. W. Commercial Street, Tigard, Oregon 97223,
hereinafter called "Permittee."
WITNESSETH:
Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and
promises hereinafter made to be observed and performed by Permittee,does hereby grant to Permittee license and permission
to excavate for, construct, maintain and operate a 6-inch water pipe line
hereinafter referred to as the "facility," upon, along or across the right of way of Railroad,underneath the surface thereof,
and under the tracks of its railroad, as the case may be, at or near Tigard Station, in the County of
Washington ,State of Oregon ,to be located as follows,to-wit:
At survey station 599 plus 00 - Mile Post 31 plus 40075 feet
calmed red
as shown on the plat hereto attached, marked Exhibit "A", dated January 28, 197
and by this reference thereto made a part hereof.
Permittee in consideration of such license and permission hereby covenants and promises as follows:
1. Permittee will pay in advance to Railroad for this permit the sum of 011e Dollar ($1.00) for the full
term, receipt of which is hereby acknowledged,
also all taxes and assessments that may be levied or assessed against said facility. Railroad reserves the right to change the said
charge at any time while this permit remains in effect upon thirty (30) days'written notice.This provision for payment shall
in no way restrict Railroad's right of termination under Paragraph 9 hereof.
2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the
facility placing the sameat-flees_ f�.'Lelew• in accordance with specifications provided in
application dated January 18, 1974, heretofore approved by the Railroad's Regional
Manager Engineering.
Permittee shall fill in the excavation, and restore the surface of the ground to its previous condition subject to the
approval of the Superintendent of the Division of Railroad upon which the facility is located.Said Superintendent shall have
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BOOK "972 MuE559. f{
5233
the right at any time when in his judgment it becomes necessary or advisable,to require any material used in the work to be
replaced with like material or with material of a more permanent character; also to require additional work or change of
location of said facility as a matter of safety,or of appearance,or on account of additional tracks being laid,change of grade
thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or
improvement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein
provided.
3. Permittee shall give to the said Superintendent at least two (2) days' advance notice of any work to be done by
Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the
facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of
Railroad.
4. In the event that Railroad, at the request of Permittee,or for the protection of its property and operations,does any
work, furnishes any material or flagging service, or incurs any expense whatsoever on account of the excavation for,
construction, any reconstruction, maintenance, repair, change of location, removal of the facility or otherwise, Permittee
shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered therefor. If the excavation for
construction, any reconstruction, maintenance, repair,change of location,or removal of the facility, requires any or all of the
following work: removal and replacement of track, bridging, protection of track or other railway facilities by work or
flagging, engineering and/or supervision, such work is to be performed by Railroad employees and the cost borne by
Permittee.
5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility
which, in the opinion of Railroad, in any way interferes with any train signals,telephone or telegraph lines, or other facilities
of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and
remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee
further agrees to indemnify and save harmless Railroad from and against any damages, claims, losses,suits or expenses in any
manner arising from or growing out of interference with the signals,telephone or telegraph lines of Railroad by the operation,
use or existence of any such grounding system.
6. Permittee shall and hereby releases and discharges Railroad of and from any and all liability for damage to or
destruction of the said facility, and any other property of Permittee located on or near Railroad's premises; and shall and
hereby assumes any and all liability for injury to or death of any and all persons whomsoever, including officers, employees
and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including property owned by,
leased to or in the care, custody and control of the parties hereto, in any manner arising from or during the construction, any
reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss,damage or destruction
aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all
claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection
with any such injury, death, loss,damage or destruction aforesaid. Permittee further agrees to appear and defend in the name
of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to
property, and to pay and satisfy any final judgment that may be rendered against the Railroad in any such suit or action.The
liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or
action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be
contributed to by such negligence.
7. Permittee shall not transfer or assign this permit without the written consent of Railroad.
8. Nothing herein contained shall imply or import a covenant on the part of Railroad for quiet enjoyment.
9. It is expressly understood and agreed that Railroad may at any time cancel and terminate this license and permission
by giving to Permittee thirty (30) days' notice in writing of its intention to cancel the same and at the expiration of such
notice this license and permission shall terminate. Upon receipt of such notice and before the expiration thereof,Permittee,
under the supervision and direction of the said Superintendent, or his authorized representative, shall remove the facility
from the right of way of Railroad and restore the right of way and premises of Railroad in a manner and to such condition as
shall be satisfactory to the said Superintendent of Railroad. If Permittee shall fail to remove the facility and restore the said
right of way to such condition within said thirty (30) day period, Railroad at its option may remove the same and restore the
said right of way to its previous condition,and Permittee shall pay the cost and expense thereof to Railroad.
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5233
10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made
herein by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days' notice to Permittee,
remove the facility,and restore the right of way to its previous condition at the cost and expense of Permittee.
11. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post
office addressed to Permittee at Permittee's post office address above stated or as otherwise directed by Permittee.
12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by
Railroad affecting the premises upon which said facility is located.
Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof, shall inure to the
benefit of and be binding upon the parties hereto,their respective executors,administrators, successors and assigns.
IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written.
In Presence of:
OREGON ELECTRIC RAIX AY COMPANY
ONIMMIIIMMOMMOMMOMMIMMIMIM
. By
Directors Property. dement
TIGAR.D WATER Et/STRICT
•
{.t !� Jam/ e �.. -2/7
t
(Title)/ Clarence F. Nicoll
Cha mean, Board of Commissioners
; -
Attests 446'4
Robert E. Santee
Administrator
STATE OF ORAsty
County of Washington++??
I, Roger Thomssen, Director of Records
and Elections and Ex-Officio Recorder of Con-
veyances for said county, do hereby certify
that the within instrument ofwriti writing
received and recorded in book of �
Form 60025 5 73 No.
of said County
1"/y / Witness my hand and seal affixed.
ROGER THOMSSEN, Director of
MU 972 PAU,562 Records & Elections
Deputy
Ard 5 4 04 PH'14