4392
FORM E-128 r
COMMISSIONERS W. C. WILLIAMS
STATE HIGHWAY ENGINEER
CHAS. H. REYNOLDS, CHAIRMAN I~ : G 1 ` f f f I FORREST COOPER
LA GRANDE i. ■ • ■ ■ ■ e fj / S B e t ■ 8 1~ DEPUTY STATE HWY. ENGR.
M. K. MCIYER, MEMBER- -rte -ff ' '
PORTLAND LEONARD I. LINDAS
COUNSEL
ROBERT B. CHESSMAN, MEMBER
ASTORIA STATE OF OREGON
H. B. GLAISYER, SECRETARY STATE HIGHWAY DEPARTMENT
SALEM
SALEM
June 17, 1957
Tigard Water District
8900 S. We Burnham Street
Tigard, Oregon
Gentlemen:
We hand yon, herewith, for your files and reams: one
fully executed copy of Pipe Lime-Permit No, 4392, covering the
location of a six (6) inch water pipe line along the westerly
side of the Beaverton-Tualatin Highway in Washington County
between Tigard and Durham:Station, and more particularly
described as being between Mile Post 5.19 and Mile Post 5.68,
Very truly yours,
8. Be Sipprell
Director of Permits
By
F. W. Farrar
Asst. Director of Permits:
go.
ESncl,
co: A. G, Shelton
F
141 OREGON STATE HIGHWAY COMMISSION Permit No. -.-~#_'i
6-6-57 PIPE LINE PERMIT
gc - 8900 S. W. Burnham Street
WHEREAS:, the Tigard Water District of Tigard, Oregon
has filed an application with the Oregon State Highway Commission for permission to
install a six (6) inch pipe line, for the transmission of water ,
upon and along/ the right of way of the Beaverton-Tualatin #141 Highway in
Washington County, Oregon, between Igi Tigard and
Durham Station , and more particularly describedas being betweenAMCMile Post No.
5219 (Hwy. Engras Sta. and Mile Post Noe 5.68 (Hwy.
Engres Sta. - as shown on the map which is attached hereto, and hereby
is made a part hereof; and
WHEF&4% the matter having been fully considered by the State Highway Commission
and it is the opinion and judgment of the said Commission that the said application
should be granted and a permit as prayed for therein should be issued.-
THEREFORE, IT HEREBY IS QED, that the application of the Tigard Water District
for permission to install the said pipe One upon
an alo he ng right o -way o the said highway at the aforementioned location"
he approved an d-a permit for such purpose be and the same hereby is granted to the
said Tigard Water District subject, however, to and upon
the following conditions, terms,, requirements an agreements not otherwise.-
GENEM PROVISIONS
1; The word eEngineerit as used herein shall mean the State Highway Engineer or
his duly authorized representative.
2. The applicant herein agrees to employ any and all methods iti the construction
of said pipe line which the Engineer may require in-order to properly protect the '
highway from damage both during construction of said pipe line and subsequent to its'
completion.
3. During the installation or construction of said pipe line, and during the
repair of said pipe line, the applicant shall at all times maintain such watchman
or watchmen, barricades and other safety devices as may be necessary to properly
protect`traff c upon said highway, and to warn and safeguard the public against
injury or damage resulting-from the operations-of said. applicant in the construction
and maintenance of s aid pipe line. AL11 barricades and obstructions shall bear
lighted signal lights during the hours between sunset and sunrise.
(1)
4. The applicant shall indemnify and'hold harmless the State, the State
Highway Commission, the members thereof and all officers, employees or agents of the
State or the State Highway Commission, against any and all damages, claims, demands,
"actions, causes of action, costs and expenses.of whatsoever nature which may
result from any injury to or the death of any person, or from the loss of or damage
to property of any kind or nature, including the highway and highway facilities
.or structures, property or equipment used or owned by the state or the State High-
way Department, and facilities such as wires, lines, poles or pipe lines which now
or may hereafter occupy the night of way of said highway, when such injury, death,
loss or damage is due to the existence of said pipe line, or.to the construction,
installation, maintenance, repair, renewal, operation or use thereof, or to the
contents therein or therefrom.
5. The applicant shall so conduct his construction operations that there
shall be no interference or interruption. of traffic upon and along the highway.
The Engineer may specify details in.connection with the handling of traffic and
such specifications shall be complied with by the applicant.
6. This permit is issued with the specific understanding that the same
is subject to all existing public and private rights in and to the right of way of
the highway, and the same constitutes the consent of the Highway Commission to the
installation of said pipe line only to the extent that the Highway Commission"has
legal authority to grant such consent. The installation, construction and
maintenance of said pipe line is subject to the paramount control of the legis-
lature over said highway and no right or privilege herein granted shall be deemed
or construed to be beyond the reach or authority of the legislature to control the
said highway, and the applicant in accepting this permit accepts it knowing that
the rights and privileges herein granted may at any time be defeated and abrogated
by legislative act.
7. If at any time in the judgment of the State Highway Commission the
presence of said pipe line upon the right of way of the said highway is detrimental.
to the interests of said highway or to the proper repair, maintenance or reconstruc-
tion of the same, the Highway Commission may give notice of such fact to said appli-
cant, and upon receipt of such notice the applicant agrees to conform promptly to
the requirements of the State Highway Commission with respect thereto, and.in the
event that said applicant fails for a period of ten (10) days so to conform to
such requirements and orders, then, and in that event, the State Highway Commission
may cause said pipe line to be removed, relocated, disconnected and destroyed or
reestablished by installation of new facilities, whichever may appear most desirable
to the Commission, and may charge the cost of the same to the applicant. The appli-
cant agrees to pay such cost promptly upon being billed therefor.by the Commission.
8. The said applicant shall at all times keep said pipe line free from
leaks and in a good state of repair, so that no damage or injury will be done to
the said highway.
9. The entire cost. of installing said pipe line, including the cost of
materials, trenching, laying, backfilling, supervision and inspection, and any other
expense whatsoever incident thereto, is to be paid by said applicant. The applicant
shall reimburse the State Highway."Commission for any and all expenses incurred by
said Commission in connection with said installation, and such reimbursement shall
be made by said applicant within ten, (10) days after being billed therefor by the
State Highway Commission,
2
10. Any supervision or control exercised by the Engineer shall in no way
relieve the applicant of any duty or responsibility to the general public nor shall
such.supervision or control relieve said applicant of any liability for loss, damage
or injury to,persons or property sustained by reason of the installation, maintenance
.or repair of said pipe line, nor of the applicant's liability for damage to said highway.
11. If for any reason it becomes necessary in the judgment of.the Highway
Commission or its Engineer-to disconnect the said pipe line or any section thereof
for the purpose of repair of the said highway or any work or improvement thereon,
or if.said highway is being damaged or endangered by reason of the presence of said
pipeline or the seepage of gas or liquid therefrom, the. State Highway Engineer may
give the said applicant ten (10) days written notice to turn off the gas or liquid
and should said applicant fail and neglect to do so then the State Highway Commission
or its Engineer may disconnect said pipe line or turn off the said gas or liquid and
by so doing neither the State, the State Highway Commission nor its Engineer or other
officer or employe shall be liable either officially or personally for any damage or
injury sustained thereby, either by the said applicant, consumers or patrons, or
persons to whom it owes a responsibility or liability.
12. It is understood and agreed that the State Highway Commission shall not
be held responsible or liable for injury or damage that may occur to said pipe line or
any connection or connections thereto by reason of any construction or maintenance
operations that may be carried on by or under the direction of either the said State
Highway Commission or any duly authorized representative of said State Highway
Commission, or by any person constructing or installing, maintaining, repairing,
operating or using any facility pursuant to a permit heretofore or hereafter issued
by the State Highway Commission.
13. Applicant shall obtain liability and property damage insurance providing
coverage against any claim, demand; suit or action for property''damage, personal
injury or death resulting from any activities of the applicant and his or its officers,
employees, agents and contractors in connection with the construction or installation
of said pipe line. Said insurance shall provide coverage in the following amounts,
$50,000.00 for property damage resulting from any single occurrence, and
$100,000.00 for the death or injury of any person, subject to a limit of
$200,000.00 for injuries or deaths resulting from any single occurrence. Copies of
such policy or policies of insurance, or certificates evidencing the same, shall be
submitted to and approved by the.Chief Counsel for the State Highway Commission
before any work is commenced under this permit.
PROVISIONS RELATING TO LOCATION AND CONSTRUCTION
14, The pipe to be installed, the diameter of which shall not exceed
six ( 6 ) inches, shall be metal pipe
satisfactory to the Engineer in all respects.
15. Trenching or tunneling nearer than four (4) feet from either edge of
the surfaced portion of the roadway and the cutting,and digging up of the pavement
or macadamized portion will not be permitted except when special permission is first
obtained from the Engineer. No trench shall be excavated, the top width of which
exceeds eighteen (18) inches more than the outside diameter of the pipe to be in-
stalled, without such special permission.
3.
160 The backfilling of all trenches and tunnels must be accomplished immediately
after the pipe line has been placed therein and must be well tamped and compacted so
as t6 allow the least possible amount of subsequent settlement; -A11 debris, refuse
and' waste of all kinds which relay have accumulated upon the highway right of way by
reasoii-of the operations of the within named applicant must be removed immediately
upon-completion- of said operations and the.said hghway..right of'way must be restored
to at..least as
good condition as it was prior to such operations: All Work in
connection with the said pipe line construction must be done in a neat and workmanlike
manner' and under the general supervision of the Engineer whose decision shall be final
with respect to any of the conditions'terms, stipulations and provisions.of this
permit and must meet with his approval.
17. Where said pipe line is to be installed longitudinally a3cng the highway it
shall be constructed on the westerly side of the said highway right of way
on aline parallel to and seventeen ( 17 feet distant.from.
the centerline thereof, the said center line eing~ general, the center line of the
improved roadway.
18. Where said pipe line crosses the highway it shall be installed on a line at
right angles to the centerline thereof at a depth to be specified by the Engineer.
19. Under and across the surfaced portion of the roadway said pipe line shall
either be driven or placed in a hole bored for the purpose,:the diameter of which
shall not exceed the outside diameter of the pipe to be placed therein.
2'0. At no point shall the top of the pipe line be less than thirty
( 30 ) inches below the grade of the highway or beneath the surface of the ground
that point, if the ground be lower than the grade of the highway.
This permit shall be in effect for a period of twenty five ( 25 )
years from and after the date hereof, unless sooner revoked by mutual consent or by
the State Highway Commission or by operation of the law; provided, however, that this
permit shall not be effective unless accepted in writing on or before
19
SPECIAL PROVISIONS
Where the trench for the said pipe line disturbs the gravel shoulder of the said
highway special care shall be given to the compaction of the backfill. The top
twelve (12) inches of the backfill shall consist of ten (10) inches of 21, - 0
crushed rock or gravel and two (2) inches of 3/411 - 0 crushed rock or gravel
satisfactory to the Engineer in every respect.-
Where the said pipe line crosses driveway aprons or road intersections the surface
of said aprons and/or intersections shall be restored to use with as little
interuption as possible. The surfaces shall be restored in kind to at least as
good condition as they were before being disturbed.-.-
Dated this 19 5
Recor n, ended for approval: OREGUN STAT COPS USSION
By
Division Engineer Assi tan e F)Vpftway Engineer
Recommended for approval;
District Maintenance Superintendent
ACCEPTANCE OF PERMIT
In consideration of the benefits accruing to the Tigard Water District
by reason of the foregoing license or permit, the said license or
permit hereby is accepted by the Tigard Water District and
said ~T:Lgard Water District hereby agrees to comply
with all of the terms, provisions, stipulations and conditions therein contained.
Dated this 12,
TIG TER DISTRICT
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