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Tigard Station FORM 1820 SPOKANE, PORTLAND AND SEATTLE RAILWAY COMPANY OREGON TRUNK RAILWAY OREGON ELECTRIC RAILWAY COMPANY RUTH REALTY CO. H. E. HUDSON W. P. GARRETT ASSISTANT RIGHT or WAY RIGHT OP WAY AND TAX A68HT RIGHT OR WAY a TAX DEPARTMENT MW TAX AO®YC - - R. E. HAMILTON 1101 N. W. HOYT STREET TAx AOeHr PORTLAND 7. OREGON December 16, 1960 File: OEC-735 - 1529 Tigard Water District P. 0. Box 6366 Tigard 23, Oregon Dear Sirs: Enclosed herewith for records of the District is fully executed duplicate-original of license agree- ment covering a 12-inch water pipeline over our right of way and under tracks near Tigard Station, Oregon. We also wish to acknowledge receipt of Tigard Water District's check No. 4797 in amount of $10.00 in payment of the full term rental under the license. Yours ver truly, Right y and Tax Agent J' ' daj " Encl. Form 642 PERMIT tM-1-60 Permit No. ONC-735 i C O7 V 6 - RTJW ](@ - - - - , a corporation, hereinafter called i a pa the "Railway Coompany~,' in consider~ati~on~o t it a c~oweKnantssaand~ag~re ments herein contained to be kept and performed by - - - TIGARD WXMR DISTRICT, a municipal corporation - - - - i 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: 0 A buried 12-inch cast iron pipeline, for conveying water, placed across right of way and under tracks of the Railway Company at a point 103.7 feet northerly of railway culvert No. 32.70 in Section 2, Township 1 South, Range 1 Nest of Willamette Meridian, near Tigard Station, Wash- ington County, Oregon. Said pipeline passing under the centerline of railway company main track at a point tberein designated as engineer's station 647+05 - - - - as indicated in red an map attached beret* and made a part hereof. d Said pipeline shall be buried at a depth of not less than one foot below w the bottom of railway drainage ditches, and the pipe underneath railway roadbed shall be encased in a metal pipe of larger diameter placed at a depth of not less than three foot below the base of ties in said tracks. All work done within railway track areas must be done under the aper- vision of Railway Company section foreman and the Licensee hereby agrees to reimhusse the Railway Company for all cost and expense in connection therewith. d 0 a a 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 state having jurisdiction thereover. 0 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 persons or damage to property. 4. This permit may be terminated by either party at any time on thirty days' notice in writing, such notice to o be sufficient if deposited in the United States post office by the Railway Company and addressed to the Licensee at " - - P. O. SOY 6366, Tigard 23, Oregon - - - or if deposited in the United States post office by the Licensee and addressed to the Railway Company at Portland, 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. 5. In the event that the Licensee shall fail or refuse to perform any of the work to be performed hereunder by said 2 Licensee, then the Railway Company may perform such work and the cost thereof shall be promptly paid to the Railway Company by the Licensee. v 6. It is understood that the rights herein granted are personal to the Licensee and shall not be assigned or trans- ; 2 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 T= said X0/100 " ! Dollars, (S 10+00 payable in advance, for the full term of this permit. S. Notwithstanding anything to the contrary herein contained, the Railway Company shall be undo noabligation Whatever to give notice of 3 contemplated changes to the Licensee as specified in Paragraph 2 hereof, unless the Licensee shall at its own cost and expense erect and main- tain a plainly distinguishable sign or signs on the premises indicating the location of said improvements. IN WITNESS WHOF, this permit has been executed in duplicate by the parties hereto this day of Q 60 OREGGN ELECTRIC RAILWAY COMPANY - By - ' Rig6E of Way and Tax Agent. b TIGARD WATER DISTRICT o a Y y - - - - - - - - ~I-t L"ceneee I T ~Ej4 4 10 O /Y° 32-70 +a,~ s w 48 r t7 7 9p /y1.rr~`~Jc lvfc Pioa 60 ly. { y{ iky A 0 5-5 f IV C, t i 1 1 ~ t ' ,i -50- z t f OREGON E R s ,ngir • i Office of G'ie I ?date e