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6 inch pipeline 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 MONT GF WAY FbPicr oF WAY AND TAx AGENT RIGHT; OF WAY & TAX DEPARTMENT AND TAX AGENT R. E. HAMILTON 1101 N. W. HOYT STREET TAX AGENT PORTLAND 7. OREGON August 7, .1957 File: OEC-653 - 1348 Tigard Vlater District Tigard, Oregon Gentlemen: Enclosed herewith for your record is fully executed duplicate- j original of License Agreement in your favor covering a 6-inch water main across our right of way and 'under tracks at Tigard, Oregon. This letter will also acknowledge receipt of your check in amount of `10.00 covering the fee as specified in paragraph 7 of the license. Isvery uly, Tax Agent daj Encl. i LANE-MILES STANDISH DO. Norm 642 PERMIT I 2M-1-5E c Perait No. O 53 0 U a - - - - - - -0R GON ELWTRIC RAILWAY CWTAKr - a corporation, hereinafter called the "Railway Company," in consideration of the covenants and agreements herein contained to be kept and performed by - - - - - TIGARD WATER nI6MICT, a corporation - - - - - _ _ _ - _ _ _ _ _ _ _ _ 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: o i A buried 6-.inch water main placed across right of way and tinder tracks of the Railway Compat>6r at a poiat2 6 .5f aet east of the west =itch of the passing track at Tigard station, Washington Gounty, Oregon. Said pipe line crossing said right of MW and tracks in a northerly course, as indicated in red on map hereto attached and made a part hereof. Said pipe line where it passes underneath Railway CosparV roadbed shall be encased in a metal pipe of larger diameter, the top of said encasing pipe to be not leas than three feet below the base of ties in said tracks. The placing of A said pipe through Ra11WW Company roadbed shal'i by done by baring operation ~ "and w all work dc~ within the track area shall. be done under the supervision of ~silatay C=pazW18 section foreman and the Licansee agrees to reimburse the Railway Ccapa:W for all cost and expense inn comectiorn therewith. d 0 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. a 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 q changes made or to be made by the Railway Company, such changes in the location or construction of said improvements to a be made without cost or expense to the Railway Company and to the satisfaction of the Chief Engineer of the Rail- v~ 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 - - - -Tigard or if deposited in the United States post office by the Licensee and addressed to the at ay 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 r 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. Tan and J0A00 - 7. The Licensee, for the privilege herein granted, shall pay to the Railway Company the sum of Dollars, 10.E payable in advance, for the full term of this permit. 8. Notwithststtding agything to the contrary herein contained, the Railway +;oupwW shall be under no obligation whatever to give notice of contemplated changes to the Licensee as specified in paragraph 2 hereof,, unless the Licansee shall at its own 6 cost and cgxm ae erect and maintain a plainly distinguishable sign or si on the pran sea indicating tf,,e location of said improvemanta. IN WITNESS WHEREOF, this permit has been ex®eated in duplicate by the t),,rties her :to th;:_ / day o' Iv ~~lG 1957* OR",GUi EMBCTRIG RA 'AY C : _11Y Right o 'sy and Tax Agent. IWATERI:GT 0 a p~ TIGA0--------------------- - - C B7 _ _ Liceneee 01 I ~ G ~ 3El r S~ ' .3: E~ ' Cl Gi'ovo/ P/atl'v~- -r x C i .b~.~,•36r83= Ersd Fcrsce~2.5-k'. t ~ tiY1 36>B2-° ErrO .°latfar~n. 36 r53= Pi-opei-rr Lirrr. rt',% 36 r SO Rf/. Xii~q .siyrr /S'-' Ferrrc c .2.3 L . „~I, 36 r 069 ,6 Hiyhrvoy C/'OSSi? f . Ca~r... Pr'ac S8=' rq. r'C y T~ 3f3 r 03, /Y e174" /Z"C./.Pips TOE /U' 't 3?.tJ/ Pra~verty Line. 1 ~ ,3S ~ 38 r H B. f'~ F~- b `.3 r A vow i sf ¢3' as Z5..- a... It IN ~ b 7cr-otoi' :5'-f' L. I ! 1 j tl 1 OREGON EC's ale ;n' i+ TIGARD 1 Office of Chief Engineer Date r. Scale ~_+oo