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4537 FORM 9.128 11 J COMMISSIONERS W. C. WILLIAMS "I STATE HIGHWAY ENGINEER CHAS. H. REYNOLDS. CHAIRMAN 111(. FFF ,f k'f LA GRANDE FORREST COOPER is-ay 'a -I E E E F DEPUTY STATE HWY. ENOR. PO - M. K.RTLAND MCIVER. MEMBER _T« LEONARD 1. LINDAS - ' COUNSEL ROBERT B. CHESSMAN, MEMBER , ASTORIA STATE OF OREGON H. B. GLAISYER. SECRETARY STATE HIGHWAY DEPARTMENT SALEM SALEM December 2, 3,957 Tigard Water District Tigard, Cregon Gentlemen: We hand you, herewith, one ful]y executed copy of Pipe Line Permit No. 1537,,covering the location of a six (6) inch water pipe line direct across only the Beaverton-Tualatin Highway #111 in Washington Covnty near Ugard, and more parti- cularly described as being at Mile Post 5.30. Very tra3y yours, R. B. Sipprell Director of Permits By F. W. Farrar Asst. Director of Permits dw Enclosure cc: A. G. Skelton (2) Book' Va. OREGON STATE HIGE AY COMISSION Permit No. 4537 11-20-57 PIPE LINE. PER= dw NOT .IN NATla" FfiEt M WMU=S, 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 (across the right of way of the Beaverton-Tualatin #UJ Highway in WasbiMton County, Oregon, ~q(near Tigard and and more particularly described as being boftm/at mile Post No. 5.30 (Hwy. Engr's Sta. e.• ) and. Mile Post No. . (Hwy. Engris Sta. as shown on the map which is attached hereto, and hereby. is made a part hereof; and Cros~ng away 13, 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.- : TMEFORE, IT MUM IS ORDERED, that the application of the Tigard Water District for permission to install the said pipe line upon and -ERFa-cross the rig o way of the said highway at the aforementioned location be approved and a permit for such purpose be and the same hereby is granted to the said Tigard Water Distriet subject, however, to and upon the following conditions, terms,, requirements, an agreements not otherwise.- GEM AL PROVISIONS 1. The word .-Engineer" 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 in the construction of said pipe line rich 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 traffic 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 said pipe line. All barricades and obstructions shall bear lighted signal lights during the hours between sunset and sunrise. 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 Higher Commission., against any and-all damages, claims, demands, actions, causes of action, costs and `expenses' of whatsoever nature'w4leli m.ay result from any injury to -'or the death 'of any person., or - from th® -1oss-. of, -dr damage_- tog property of any kind or nature, including the highway a_ nd -highway facilities 'or 'structures; property or equipment used or owned by the State or the State Highvray Department, and facilities such as wires, lines, poles or pipe lines which now or may hereafter occupy to the construe death., loss or damage is due to thi the re g _ _..xistenceof y eaid pi - pe ghkai_ y, orh nj x' y coon, installation, : maintefiiliei repair, renewal, operation or use thereof, or to the contents therein or therefrom. The appli cant shall so conduct his construction operations that there shall be -no_.int6rferehce - or interuption of traffic upon and along the-highway. 'the Engineer inay specify details in connection with the handling of traffic and such specifications shall be complied with by the applicant. 6. This permit :isissued with the specific understanding.that the same is subjeot to all exist~nig 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 theextent 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 legislature 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 reconstruction of the same., the Highway Commission may give notice of such fact to-said applicant, and upoft receipt of such notice the applicant agrees to conform promptly to the require- 66dts-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'iistalla- tion.. of new facilities, whichever may appear most desirable to the 'Commission., and may charge the*cost of the same to the applicant. The applicant 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 4n4. n a good state of repair, so that no damage or injury will be, done to the said highway. The entire cost of installing said pipe line, including the cost of materials., trenching., laying, backfilling, supervision and inspection., and any other ii fife 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 bile d therefor by the State Highway Commission. (2) r 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'bg reason of the installation maintenance or repair of said pipe line, nor of the applicantfs liability for damage to said highway. lle_ If for anyreason it becomes necessary in the judgment of the Highway Commission or its Engineer to disconnect the said pipe line or'any section there6f for the purpose of repair of the said highway or.'any work or improvement thereon, or if" the said highway is 'being damaged or "endangered- by'reason of the-presence of said. pipe line-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 applicant-fail and-heglect to do.so then the State Highway Commis= sion 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 personally or officially for an7 damage or injury sustained thereby, either py said applicant, consumers or patrons, or persor}s 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_eonne6ti6ri 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'lihe. Said insurance shall provide coverage in the following amounts., S50~000.00 for property damage resulting from any single occurrence,,,&nd'$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 MATING TO LOCATION AND CONSTRUCTION. 14. The pipe to be installed, the diameter of Which shall not exceed six ( 6 ) inches, shall be cast iron 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 installed, without such special permission. {3) 16. 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 to' allow the least possible amount of subsequent settlement. All. debris, refuse, and waste of all kinds which may have accumulated upon the highway right. of way by reason of the operations of the within named applicant must be removed.immediatelp upon completion of said operations and the said highway right of way..must be restored to at least-as good condtion 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. 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. 20. 8t'no point shall the top of the pipe line be less than tl_ x w ( 30 ) inches below the grade of the highway or beneath the surface o the ground a that point, if the ground be lower than the grade of the highway. This permit shall be in effect for a period of twee -five ( 25 j years from and after the date hereof, unless sooner oked by a mutual consent or.by the .Mate Highway Commission or by operation of the law; provided, however, that this permit shall not be effective unless accepted in writing on or before ' 1Q. SPECIAL PROVISIONS The tench cut in the rook shoulders of the rc ay of said highway shall be backfilled with 2" • O crushed rock, placed in six (b) inch layers and sprinkled and tamped to wi:thin three (3) inches of the original surface. The top three (3) inches shall be backf lied with 3/4" - 0 crushed rook of a quality satisfactory to the Engineer, and thoroughly rolled and compacted to form a smooth surface Dated t'his 1957 Recommended f or approval; OREGON ST Y COM ZSSION By Division Engineer Assis n S a g y 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 Tigard Water District hereby agrees to comply -with all of the terms, provisions, stipulations and conditions therein contained. Dated this 2-14-~_19$7 TIGAR- W TER MIMECT By (SEAL)' -President B acre wry By SEAVERTON-MILLSDNEYWY. No.40 O.OI- R. R. Gr. X-in9 - 3 brOcAS 0.03-armrrlgton Hwy. BEAVERTON No.142 0.78 Gity L ts(A1/en Ave) 0.29 .:?d io whiflord 1.45 Rd. fo SchOlIS j 212 Fanno Creek 23 Road 2.¢5 Road S. P. 9 R. 6rade Xing rA NNO 2,79 Scholls Hwy. Na143 pRoGRESS AA}} ~v 3.26 Garden Home Road XN 3.53 Rood 'E 3.73.71 R°ad o.E. Under Xing. METZOER 3.79' Road a P. 0. -4,04 Road 4.20 Road 4.27 Road 4.36 Road ~a 4.64 Road 4 92 X- m Pac i {,c Hr h wo West gT/GARD g y 5.19 Rd. -1n OS we o 5.4r / X/ niP L_ S43 R. R. Grade Xing. 2 (racks (o.f. ~ .Sou. Pac.) 3.48 5-68Fanno (:reek 5.76 Fairfield Road 6.02 ~?oad 6., 6 Road 6 28 Rd. -Io Oswego 6.59 Road 6.61 _ SaHler Road i 7. o2 - Ro'a'd Turn 1. I 72.5 a School 7.34 Road i 7sr Fanno Cr. 7.57 - Rd O. E. 6r )(inq DURNAN 7.66 Rd., Turn R.