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10 inch pipeline - Greenburg Road .• FORM 1820 SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY OREGON TRUNK RAILWAY OREGON ELECTRIC RAILWAY COMPANY RUTH REALTY CO. R. E. HAMILTON H. E. HUDSON ASSISTANT RIGHT OF WAY AND TAX AGENT RIGHT OF WAY AND TAX AGENT RIGHT OF WAY & TAX DEPARTMENT N.C. KRETZER 1 101 N. W. HOYT STREET RIGHT OF WAY AGENT P.O. Box 571 PORTLAND, OREGON 97207 February 14, 1969 File : E-2753 - 90 Tigard ,-'ater .District 8841 S . W. Commercial Street Tigard, Oregon Gentlemen : Enclosed for records of the District is full1, executed duplicate-original of permit covering a 10-inch water line crossing at Greenburg station, Oregon. We also wish to acknowledge receipt of Tigard Water District 's check No . 9789 in amount of $25 .00 in payment of the permit fee . Yours very truly, Right of Way and Tax Agent HEH/dar Encl. LANE'M ES STAND.-CO. 11 orm 642 PERMIT 1M-5-67 Permit No. E-2753 �,g�!�Rr ��,� �p�p , a corporation, hereinafter called the `Railway Commppannyy, in+conc s�eraAR oqM c�ovUSs ana"a�ments herein contained to be kept and performed by TIGARD WATER DISTRICT, a municipal corporation of the State of Oregon hereinafter called the "Licensee," does hereby permit the Licensee to construct, install or place and to maintain and use the w following (hereinafter referred to as "said improvements"). to-wit: : v A 10-inch water line across right of way and under tracks of the Railway Company in Section 35, Township 1 South, Range 1 West, W. M., Greenburg w station, Washington County, Oregon. Said water line intersecting center- s line of said tracks at a point therein designated as Engineer's Station 578+45 - - - - as indicated in red on map hereto attached and made a o part hereof. a a Said water line underneath Railway Company tracks shall be encased in a metal pipe and placed by boring operations, at a depth of not less than 3 feet below the base of ties in said track. All work within the track area must be done under the supervision of Railway Company section foreman, and the Licensee hereby agrees to reimburse the Railway Company for all cost and expense in connection therewith. d O .m C d ; a ; U This permit is granted upon the following conditions: 1. All work of constructing and maintaining said improvements shall be done,by and at the expense of the Licensee, in a manner satisfactory to the Railway Company or its duly authorized representative, and so that it will not interfere with the use by the Railway Company of its tracks,right of way or other property, and so as to conform with all state and municipal laws and the rules and regulations of the Public Service Commission or other regulatory body of the a state having jurisdiction thereover. 2. If the Railway Company shall at any time find it necessary or convenient to make any change in its grade, align- ment, tracks or other property, the Licensee shall,upon notice,make such changes in the location or construction,or both,of said improvements as may, in the opinion of the Chief Engineer of the Railway Company, be necessary to conform to the changes made or to be made by the Railway Company, such changes in the location or construction of said improvements to be made without cost or expense to the Railway Company and to the satisfaction of the Chief Engineer of the Rail- way Company. 3. The Licensee hereby assumes all risk of injury to persons or damage to property in any manner resulting from the construction, maintenance, use or removal of said improvements, and hereby agrees to indemnify and save harmless the Railway Company from any and all loss, cost, damage or expense caused by or resulting from any such injury to R o persons or damage to property. ro 4. This permit may be terminated by either party at any time on thirty days' notice in writing, such notice W be sufficient if deposited in the United States post office by the Railway Company and addressed to the Licensee at 8 Al W COmmexclal Stmt TMrd, O 'ee 0� , or if deposited in the United States pos o ce y the ficensee an addressed to a airway pang at ort n , Oregon, and thirty days from the mailing thereof all rights herein granted shall terminate and cease, and the Licensee shall remove said improvements from the property of the Railway Company without cost or charge to the Railway Company; PROVIDED, HOWEVER, that if the Licensee shall fail to perform any and all agreements herein contained the Railway Company may immediately termi- nate this permit, and upon termination of this permit, as in either case above provided, the Licensee shall restore the right of way, tracks or other property of the Railway Company to their former condition, and to the satisfaction of the Superintendent of the Railway Company. d '0 5. In the event that the Licensee shall fail or refuse to perform any of the work to be performed hereunder by said a Licensee, then the Railway Company may perform such work and the cost thereof shall be promptly paid to the Railway Company by the Licensee. 6. It is understood that the rights herein granted are personal to the Licensee and shall not be assigned or trans- ferred without the written consent of the Railway Company first obtained. 7. The Licensee, for the privilege herein granted, shall pay to the Railway Company the sum of 'TWENTY Fin & NO1100 Dollars, ($ 25 ,00 ),payable in advance,for the full term of this permit. 8. Notwithstanding anything to the contrary herein contained, the Railway Company shall be under no obligation whatever to give notice of contemplated changes to the Licensee as specified in paragraph 2 hereof, unless the Licensee shall at its own cost and expense erect and maintain a plainly distinguishable sign or signs on the premises indicating the b location of said improvements . K i IN WITNESS WHEREOF, this permit has been executed in duplicate by the parties hereto this /�.�� day of m b : y is 69. d o a ------ REGOJN---ZLECTRIC----RhILMIX---COMM. 1----------------- �y t --` =- -------------- --------------------- ftigbt of"ay and Tax Agent. TIGARDWATER DISTRICT f BY -------- De,ensee . � rot G coot caiert 11 - • - -� � ` �L � �'' � � Boli 1�f��:3� x . �., � `, ��;._ '• � S•rest Coll O r r/!G �ycr�Wll�• �d,Yl�,� \ '� L �"' a x ory pt_dpo fee 15 Lr : \ � � • In � 9- 30"Rr `� y 14,44 sfccthc� Car,�lr ` ; , y�, o y�y/irrpy sign Yin 73'SD 74 .3 � � ,•1 1 ,! �7z'�o���..-- -� �"�"_`•.�-`" I ' �; Ili 1 4 7Z d End or Gr®vc/ P/otform Rr. t ` I *45- ry - I •i a`. � I 7/+8+�' 1�einninQ of fen« 7f _71 719wi/ding ' I I ' ,-9.0' 70 �2"v rF:' �(o Bei s :;.oo -rz" 'P. .;v a ..;�u�,-.>,o.,.•_ r `�- 70 906 Unoe�c/'ossiny lP 6Yi�es/ 70.676 AL70'P/rf. 4'A- 749 o, 'A749.4,''/S'Ead /./Z G P. 30,1f- /3, f.Go. fir?Gv r/+Pai sXisq.11/?9 +i .70*071 S Eno iii/aii;q 36-kY 7 k, �'nd�of Fen2d, /0-79-S. I .gym - REG ELTI ,kY: 69 rf4- Fcnc Carncrs T5� P5"Lr, ` � ' Rte? ?o Office of Chief Engineer ` Date /-f?69 SC�Ile jj 7=Z-/6