6825 ~ Bonita Road
A h
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BURUNGMN NORTHERN
176 East Fifth Street
INDUSTRIAL AND REAL ESTATE St. Paul, Minnesota 55101
DEVELOPMENT DEPARTMENT Telephone (612) 227-0911
Mr. Robert E. Santee October 26, 1972
Administrator/Engineer
Tigard Water District
8$41 S.W. Commercial Street
Tigard, Oregon 97223
Dear Mr. Santee:
Enclosed is permit No. OE-3084 covering license and
permission to construct, maintain and operate a 16-inch
water pipe line crossing under the tracks of the Railway
Company at Tigard, Oregon.
Will you please arrange for execution of the agreement,
in duplicate, by Tigard Water District and return to this
department for execution on behalf. of Oregon Electric
Rai Tway Company.
One copy of the agreement will be returned for your record
after it has been executed on behalf of the Railway Company.
Very truly yours,
Albert W. Grauel
Manager Leases
Enc.
I
BURLINGTON NORTHERN
176 East Fifth Street
INDUSTRIAL AND REAL ESTATE St. Paul, Minnesota 55101
DEVELOPMENT DEPARTMENT Telephone (612) 227-0911
Mr. Robert E. Santee November 3, 1972
Administrator/Engineer
Tigard Water District
8841 S'.W. Commercial Street
Tigard, Oregon 97223
Dear Mr. Santee:
Enclosed for your record is executed counterpart of
permit No. OE-3084 covering license and permission to
construct, maintain and operate a 16-inch water pipe
line crossing under the tracks of the Railway Company
at Tigard, Oregon.
Very truly yours,
Qx : 1. i . )-J».euL.L-L
Albert W. Grauel
Manager Leases
Enc.
,j Line
' No. (z 3084
THIS AGREEMENT, made this lot day of November 19 72 between
OREGON ELECTRIC RAILWAY COMPANY, an Oregon corporation,
hereinafter called "Railroad," and TIGARD WATER DI$TBICTj
a >sunicipal corporation of the State of Oregon,
whose post office address is 8841 S.W. Oommereltal St..., Tlgard, 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 16-inch va.ter 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 692 plus 67 - Mile Post 33 plus 2882 feet
colored red dated October 20, 1972
as shown by heavy dashed blue line on the plat hereto attached, marked Exhibit -A-,"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 One dollar (#-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 same at least feet below in accordance Vitil application dated
September 27, 1972 heretofore approved by the railroad's Assistant
Vice President-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
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.
~~~k . W4 p;;~E 637
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. y
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 Railroads 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. Perm ittee 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 s6:f8thirty (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.
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.
W.
r, `h. 974 rr,GE f 38
6 825
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.
13. 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: ORROON ELECTRIC RAILWAY COXPANY
By ;
Director Rea3f estate
TIGARD RATER DISTRICT
Cha n ~
Treasure (Title)Administrator
. STATE OF OREGON
of Washington
1, Roger Thamssen, Dlrectgr of Records
and Elections and EX-Officlo Recorder of Con-
=onces for sold county, do herby certify
that the within instrument of writing was
received and recorded in book of records
No. of said County
Witness my hand and seal affixed,
ROGER THOMSSEN, Director of
O~ Recwds & Elections
~ - to
BUSK 974 PAGE640 - - - -
Form 60025 5-71
. 77
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BURLINGTON NOh:. BERN
176 East Fifth Sireet I
INDUSTRIAL AND REAL ESTATE St. Paid, Minn(!sO1,i')'5101
DEVELOPMENT DEPARTMENT Telephone (612) 227-0911
Mr. Robert E. Santee November 3, 1972
Administrator/Engineer
Tigard Water District
8841 S.W. Commercial Street
Tigard, Oregon 97223
Dear Mr. Santee:
Enclosed for your record is executed counterpart of
permit No. OE-3084 covering license and permission to
construct, maintain and operate a 16-inch water-pipe
line crossing under the tracks of the Railway Company
at Tigard, Oregon.
Very truly yours,
Albert W. Grauel
Manager Leases
1,17
/
Enc. 12t
j:
roca"tion of said tacrlrty as a matter of safety, or of appearance, or on account of additional tracks beina laid. channa of nr--Aa
No. Line
~ OE 3084
THIS AGREEMENT, made this lot day of November 1972 between
OREGON ELECTRIC RAILWAY COUP,ANY, an Oregon corporation,
hereinafter called "Railroad," and TIGARD WATER DISTRIC
a municipal corporation of the State of Oregon,
whose post office address is 8841 S.W. :Commercial ist., 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 16-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 692 plus 67 d Mile Post 33 plus 2882 feet
colored red dated October 20, 1972
as shown by heavy dashed blue line on the plat hereto attached, marked Exhibit "A", 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. One 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 (3U) 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 same at least feet below in accordance with application dated
September 27.# 1972 heretofore approved by the Railroad°s Assistant
Vice President-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
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, requites 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 interfereswith 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 find 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 Railroads 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.
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.
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• 12. The license and permit herein granted is subject to permits, leases` licenses, if any, heretofore granted by
Railroad affecting the premises L. which said facility is located.
13.. 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: 1 OREGOR ELECTRIC RAILWAY COMPANY
1 LG
By
Direetor Real. Estate
TIGARD WATER DISTRICT
Chaiarmdn
Treasurer' (Title) Administrator
Form 60025 5-71