Tualatin River Public Recreation Facility License
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CERTIFIED LETTER RECEIVED PLANNING DIVISION OF
STATE LANDS
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December 23, 1992 STATE LAND BOARD
BARBARA ROBERTS
Governor
PHIL KEISLING
Secretary of State
City of Tigard ANTHONY MEEKER
State Treasurer
13125 SW Hall Boulevard
Tigard, Oregon 97223
Dear Sir:
Enclosed is the public use easement for the
Tualatin River.
Please do not hesitate to contact us if you have
further questions.
Sincerely,
Perry E. Lumley
Ownership Coordinator
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cc: Steve Purchase
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775 Summer Street NE
Salem, OR 97310-1337
(503) 378-3805
FAX (503) 378-4844
PUBLIC RECREATION FACILITY LICENSE
The STATE OF OREGON, by and through its Division of State
Lands, GRANTOR, for and in consideration of the administration
fee of $250.00, does hereby grant to City of Tigard, GRANTEE,
its successors and assigns, a license for the construction,
maintenance, repair, and/or replacement of a public recreational
facility for the specific purpose of relocation of floating dock
from existing location to a point 100 feet upstream on the
following described property, to wit:
All State-owned submerged and submersible land located on
the Tualatin River in Township 2 South, Range 1 West,
W. M., Washington County, Oregon, encompassed by the boat
ramp and public dock fronting Cook City Park on the right
bank of said Tualatin River at river mile 9.8.
1. Construction in navigable waters shall conform to
standards and specifications set by U.S. Army Corps of Engineers
or U.S. Coast Guard for the project.
2. The bed and banks of the waterway shall be restored to
a condition acceptable to the Division as soon as construction
or maintenance is completed.
3. Any blasting construction shall be performed according
to the laws of the State. Underwater blasting permits are
required under ORS 509.140.
4. Public access to the navigable waters must be
maintained and/or restored upon completion of construction or
maintenance.
5. The GRANTEE shall pay the Division the current market
value, as determined by the director, of any actual damages to
State-owned submerged and submersible land, for example, the
loss of minable gravel.
6. Any removal/fill activity in the waters of the State
shall require a permit from the director in accordance with
ORS 541.605 et seq.
7. GRANTOR reserves the right to lease or otherwise
utilize the State-owned lands within the granted area
hereinabove described in a manner and for uses that will not be
incompatible with the primary use for which this license is
granted.
8. This license is granted in order that 1_,P.A11T_EE can
provide public recreational utilization of the premises at no
charge to the public. If the facility is not used in compliance
with this condition, the license will automatically terminate
and the land shall revert to GRANTOR.
Page 1, Public Recreation Facility License,
City of Tigard
9. GRANTEE agrees to make all repairs to the premises
which are necessary for the purposes set forth in this license.
GRANTEE further agrees to maintain the premises in reasonable
safe condition during the period of this license. If GRANTEE
fails to make the repairs required under this provision or fails
to maintain the premises in reasonably safe condition, GRANTOR
may revoke this license, provided GRANTEE fails to make the
necessary repairs or perform the required maintenance within a
reasonable time not to exceed thirty (30) days after written
notification by GRANTOR.
10. GRANTEE agrees to defend and hold GRANTOR harmless from
any and all claims suffered or alleged to be suffered on the
premises. Further, GRANTEE shall be responsible for the payment
of any fines or penalties charged against the premises as a
result of GRANTEE's action in not complying with laws or
regulations affecting the premises.
11. In addition to the provisions for the termination in
Paragraphs 8 and 10 above, the director, after thirty (30) days
written notice, may revoke this license for non-compliance with
any of the terms or conditions of the license.
12. The term of this license shall be forty (40) years from
the date hereof.
WITNESS the seal of the Division of State Lands affixed
this 18th day of December , 1992.
STATE OF OREGON, acting by and through its Division of
State Lands
.1,
t e p n J. se, Assistant Director
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Page 2, Public Recreation Facility License,
City of Tigard