14705 Sunrise Lane Corres. (not recorded) LAW OFFICES OF
WHEELOCK, NIEHAUS, BAINES & MURPHY
620 FRANKLIN BUILDING
C_E_ WHEELOCK PORTLAND, OREGON 97204
RIIBBELL R_NIEHAUB -
KENNETH W_ HAINEB TELEPHONE 224 -5930
EDWARn ,J_ MURPHY, JJR_
WILLIAM C_ 00ILYY
JOHN MCCOURT
October 16, 1973
Mr. Bud Spezza
14705 S. W. Sunrise Lane
Tigard, Oregon 97223
Re: Spezza - Ellington Agreement
Dear Buds
Thank you for calling me and discussing the matter of
supplying water to Mr. Ellington, which is of mutual
concern to both you and the Tigard Water District.
Enclosed is a copy of Mr. Banton's letter dated Sep-
tember 12, 1973, signed by Mr. Ellington, which I dis-
D , covered in my file.
....�
Very tr ours,
Re -eth W. =aines
KWB :lo
Enclosure
cc: Mr. Lyle W. Banton
,/Mr. Robert E. Santee
LYLE W. BANTON •
ATTORNEY AT LAW
1730 S. W. SKYLINE BLVD. SUITE 255
• PORTLAND, OREGON 97221
TELEPHONE 297 -3700
September 12, 1973
Tigard Water District
8341 S.W. Commercial
Tigard, Oregon
R: Water Supply on Dud
Spezza Line
(::: Gentlemen:
Please be advised that I represent the interests of
Mr. Bud Spezza as relates to the solicitation of a connection
by Mr. Ellington to Mr. Spezza's private water line at a point
behind the water meter as affixed by the `mater District.
This letter will constitute an agreement between
Mr. Spezza, Mr. Ellington and the Water District concerning
the terms and conditions of Mr. Ellington connecting to the
said private water line of Mr. Spezza.
(1) ,Mr. Ellington shall bear the entire cost of
making the connection to Mr. Spezza's private water line and
agrees to be responsible for any damage incurred to Mr. Spezza's
property or water line during such connecting process.
(2) Mr. Ellington is to use the water from the
above described connection only for house and barn purposes.
There is to he no sprinkling or. irrigating.
(3) Mr. Ellington is to be' responsible for one -
half of the water bill on a monthly basis.'
(4) In the event of the failure of the private
water line of Mr. Spezza as now existing, after connecting
thereto by Mr. Ellington, it is agreed that Mr. Ellington and
Mr. Spezza will share the cost of repair or replacement on an
equal basis.
Tigard Water District Page - 2 September 12, 1973
(5) This :Igrerent for connecting to the Spezza private
water line and the connection ther will be cancelled and
terminate:a if either property is sold.
Upon signing of copies of this letter by all intereted
parties as hereinafter provided, Tllington nay proceed with
connecting to the Spezzz water line at a point CesignateC by
1,1r. Spezza.
Very truly yours,
//)
Lyle W. Banton
LT:Wsgr
IT IS SO AGRF,TD:
TICAF'D FATEP, DISTRICT
Dn5170:
DAM,. n
-)
hr. TaITIT<TOn
DATED:
_
td Spozza
■
LAW OFFICES OF
WHEELOCK, NIEHAUS, BAINES & MURPHY
620 FRANKLIN BUILDING
C_E_WHEELOCK PORTLAND, OREGON 97204
RUSSELL R. NIEHAUS -
KENNETH W_HAINES TELEPHONE 224-5930
EDWARD J. MIIRPHY,
WILLIAM 0_0 OILW
JOHN MDCDIIRT
October 1, 1973
Mr. Lyle W. Banton
Attorney at Law
1730 S. W. Skyline Boulevard
Suite 255
Portland, Oregon 97221
Re: Spezza - Ellington Agreement
Dear Mr. Banton:
Pursuant to our telephone conversation on September 26, 1973, en-
closed are copies of th following doc
�J 1. Agreement of Temporary Water Connection signed by Mr.
and Mrs. Bud Spezza;
r. 2. Agreement of Temporary Water Connection signed by Mr.
and Mrs. Henry C. Ellington;
3. Map showing the location of the parcels of real property
_ owned by Spezza and Ellington.
I indicated to you during our telephone conversation that the
Tigard Water District has no objection to your letter dated Sep-
tember 12, 1973, addressed to our client; however, the District
will not sign this letter because it does not have the ability to
enforce compliance of the conditions without constant surveillance
of the properties involved.
Very truly yours,
- r 4
Ke eth W Baines
KWB:lo
Enclosures
cc: Mr. Robert E. Santee
Administrator
Tigard'Water District
LYLE W. BANTON
ATTORNEY AT LAW
1730 S. W. SKYLINE BLVD. SUITE 255
PORTLAND, OREGON 97221
TELEPHONE 297 -3700
September 12, 1973
Tigard Water District
8841 S.W. Commercial
Tigard, Oregon
RE : Water Supply on Bud
Spezza Line
Gentlemen
Please be advised that I represent the interests of
Mr. Bud Spezza as relates to the solicitation of a connection
by Mr. Ellington to Mr. Spezza's private water line at a point
behind the water meter as affixed by the Water nistrict.
This letter will constitute an agreement between
Mr. Spezza, Mr. Ellington and the Water District concerning
the terms and conditions of Mr. Ellington connecting to the
said private water line of Mr. Spezza.
(1) _'fir. Ellington shall bear the entire cost of
making the connection to Mr. Spezza's private water line and
agrees to be responsible for any damage incurred to Mr. Spezza's
property or water line during such connecting process.
(2) Mr. Ellington is to use the water from the
above described connection only for house and barn purposes.
There is to be no sprinkling or irrigating.
(3) Mr. Ellington is to bey responsible for one -
half of the water bill on a monthly basis.
(4) In the event of the failure of the private
water line of Mr. Spezza as now existing, after connecting
thereto by Mr. Ellington, it is agreed that Mr. Ellington and
Mr. Spezza will share the cost of repair or replacement on an
equal basis.
- ,
Tigard Water District Page - 2 Septeriber 12, 1973
(5) This agi for connecting to the Spezza privatzt
water line and the connection tlierc'to will he cancelled and
pro-,, is old
Upon signing of copies of this letter by all interested
parties as hereinafter provided. mr. Fllingtnn may proceed with
connecting to the S;, water line at a point desi4nateC1 by
Very truly :yours,
HZ
U
". 1-antor,
L':WE;22.7
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