Fisher Road - TWD WHEREAS, the TIGARD WATER DISTRICT is a municipal corporation organ-
ized, created and existing under and by virtue of the statutes of the State of
Oregon, and has as its principal pursuit in business the supplying of water for
the domestic purposes to the residents within its territory; and
WHEREAS, J. H. COLE and GRACE B COLE are the owners of all of the
4-C , wit the exception of Lots 19 and 20
tractsidescribed as Cole's Acres, a duly recorded subdivision in Section 2,
Township 2 South, Range 1 'West, of the Willamette Meridian, in Washington Coun-
ty, Oregon; and
WHEREAS, TIGARD WATER DISTRICT presently keeps and maintains a main in
the county roadway abutting Cole's Acres along the North edge thereof; and
WHEREAS, J. H. COLE and GRACE B. COLE have heretofore installed in
Fisher Road, which said road extends in a Southerly direction through Cole's
Acres from the county roadway abutting said tract to the North thereof, a two
and one-half inch water main; and
WHEREAS, the said J. H. COLE and GRACE B. COLE do request the said TI-
GARD WATER DISTRICT to make available to their said property its water supply
�.. for domestic uses within said tract and are willing to give and grant unto the
said TIGARD WATER DISTRICT the said existing water main in Fisher Road so that
the said main would become the property of the said TIGARD WATER DISTRICT as ful-
ly and completely as if the same had been installed by it; and
WHEREAS, there are presently existing two connections unto the water
of Coles Acres,
main in_;Fisher Road for Lots 19 and 20,/ , includi g meters acceptable to
the TIGARD WATER DISTRICT,
NOW, THEREFORE, in consideration of the premises, the said J. H. COLE
and GRACE B. COLE do herewith and hereby give and grant unto TIGARD WATER DISTRICT
all of their right, title and interest in and to the existing two and one-half
inch water main located within the said Fisher Road, together with the right to
operate and maintain said pipe for the transportation of water for domestic pur-
poses to the whole of said tract, subject to the rules, regulations and require-
ments of said TIGARD WATER DISTRICT now existing or hereinafter enacted; and
The said TIGARD WATER DISTRICT, in consideration of such grant, does
- 1 .,
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herewith and hereby agree to provide water for domestic use to the property
abutting said Fisher Road within Cole's Acres, subject to its rules and reg—
ulations now existing or hereinafter enacted, and, further, subject to the
superior rights of the users of water for domestic and other purposes within
the corporate limits of TIGARD WATER DISTRICT.
It is expressly understood and agreed, however, that the TIGARD
RATER DISTRICT shall make no connection charge for the existing connections for
Lots 19 and 20 of said Cole's Acres. Additional connections, however, made
to the said water main shall be subject to the usual connection and installation
charge now existing or hereinafter enacted.
IN WITNESS WHEREOF, J. H. COLE and GRACE B. COLE, husband and wife,
and TIGARD WATER DISTRICT, by resolution of its Directors, have caused this
agreement to be executed in duplicate originals this 10th day of November,
1949.
43 .
ATTEST: TIGARD °"' DISTRICT
/ (0 /
.�. chairman, Bard of Commissioners.
Secretary.
STATE OF OREGON )
( ss.
County of Washington )
Be it Remembered that on this 10th day of November, A. D. 1949, before
me a Notary Public in and for Washington County, State of Oregon, personally
appeared the within named John H. Cole and Grace B. Cole, husband and wife,
who acknowledged to me that they executed the foregoing instrument as their
free act and deed for the purposes therein named.
No Public/ in and for Washington
County,/State of Oregon.
My commission expires October 2, 1950.
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