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6 inch Pipeline Highway 99W - Canterbury FORM E-123 15M 5-49 41 "' COMMISSIONERS R. H.BALDOCK T.H.BANFIELD, CHAIRMAN STATE HIGHWAY ENGINEER PORTLAND J. M. DEVERS BEN. R.CHANDLER, MEMBER CHIEF COUNSEL COOS BAY OREGON H. B.GLAISYER CHAS. H. REYNOLDS, MEMBER STATE HIGHWAY COMMISSION SECRETARY LA GRANDE SALEM October 3, 1949 ............ Tigard Water District c/o MacIntyre & Rosebraugh 112 South 3rd Avenue Hillsboro, Oregon ------------ '144►' Gentlemen: We hand you, herewith, for your files and records, one fully executed copy of a permit, No. 2985, covering the location and construction of a six (6) inch pipe line upon and along the right of way of the Pacific Highway West near the south city limits of Tigard, and more particularly described as being between Mile Post 11.19, Station 145+50 and Mile Post 11.26, Station 149+30. Very truly yours, R. B. Sipprell Director of Permits W. C. Crews Utilities Permit Engineer WCE:mh Enc. c.c. - A. G. Skelton Form E-50-3M-8-48-24499 J . 9/23/49 mh Permit No......OOP......... Oregon State Highway Commission PIPE LINE PERMIT NOT IN NATIONAL FOREST c/o MacIntyre & Rosebraugh WHEREAS, the .... j,gard--dater•.District------------------------------------------------of._112._So.... rd. AYe.,............ Oregon, Hillsboro, has filed an application with the Oregon State Highway Commission for permission to install a .................jax...(6. .. 33jol---------- pipe line upon and along/ the right of way of the .................2AJC UG._JUWAY-..Re.01..........................................--Highway in......KaUh ngtAii.....................County, Oregon, near ....UOU h...Q;UY..UMiIs.ME-----Q1.21Z ........------...----- and more particularly described as being between/fit Mile Post No. ---------UJ9............. (Hwy. Engr's Sta. .........14,''t5Q...........) and Mile Post No. ........lloL26............. (Hwy. Engr's Sta. .......49'+33................), as shown on the map which is attached hereto and hereby is made a part hereof; and WHEREAS, the matter having been fully considered by the State Highway Commission and it is the opinion and judg- ment of said commission that the said application should be granted and a permit as prayed for therein should be issued: THEREFORE, IT HEREBY IS ORDERED, that the application of the ............................................................................................ �l8xdWater District . ...for permission to install the said pipe line upon and along' the right of 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 ......................Tig8xC..WBteZ... -D3 st,r�Ct-------------------------------•-----.•.---------------- subject, however, to and upon the following conditions, terms, requirements and agreements and not otherwise: GENERAL 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 which the Engineer may require in order to properly protect the highway from damage both during the construction of said pipe line and subsequent to its completion. 3. During the installation or construction of said pipe line, and/or during the repair of said pipe line, the applicant shall W at all times maintain such watchman or,watchmen and/or barricade and/or 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/or maintenance of said pipe line. 4. This permit is granted under,the specific understanding that.the applicant shall be responsible and liable for all accidents, damage or injury to persons or property resulting from the construction,installation, maintenance or repair of said pipe'line legally Chargeable to said applicant, and shall hold the State, the State Highway Commission and all of the officers or agents of the State or the State Highway Commission blameless,and said applicant shall indemnify them against any loss,injury or damage which they or any of them may sustain by reason of the acts, conduct or operations of the applicant, his agents*or employes in connection with the construction, installation, maintenance or repair of said pipe line. 5. The applicant shall so conduct his construction operations that there shall be no interference or interruption of traffic upon and along the highway. The Engineer may specify details in connection with the handling of traffic and such specifications shall be complied with by the applicant. . 6. 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 upon receipt of such notice the applicant agrees to conform promptly to the requirements 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 from said highway and may charge the cost of such removal to the said applicant. i 8. The said applicant shall at all times keep said pipe line free from leaks and in a good state of repair,so that no damage or injury will be done to the said highway. 9. The entire cost of installing said pipe line, including the cost of materials, trenching,laying, backfilling, supervision and inspection, and any other expense whatsoever incident thereto, is to be paid for by said applicant. The applicant shall reimburse the State Highway Commission for any and all expenses incurred by said commission in connection with said installa- tion,, and such reimbursement shall be made by said applicant within ten (10) days after being billed therefor by the State Highway Commission. 10. Any supervision and/or control exercised by the Engineer shall in rio 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 by reason of the installation, maintenance or repair'of said pipe line, nor of applicant's liability for damage to said highway. 11. If for any reason it becomes necessary in the judgment of the Highway Commission or its Engineer to disconnect the said pipe line or any section thereof for the purpose of repair of the said highway or any work or improvement thereon, or if said highway is being damaged or injured by reason of the presence of said pipe line or the seepage of water therefrom,the State Highway Engineer may give the said applicant .......tffla................... ( 10 ) days written notice to turn off the water a'hd should said applicant fail and neglect so to do then the State Highway Commission and/or its Engineer may disconnect said pipe line and/or turn off the said water, and by so doing neither the State, the State Highway Commission nor its Engineer or other officer or employe shall be liable either officially or personally for any damage or injury sustained thereby, either by the said applicant, consumers or patrons, or persons 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 and/or any connection or connections thereto by reason of any construction or mainte- nance 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. PROVISIONS RELATING TO LOCATION AND CONSTRUCTION 13. The pipe to be installed, the diameter of which shall not exceed.............61K............................................ ( 6 ) inches, shall be................. 2f,� ....pipe satisfactory to the Engineer in all respects. 14. 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. 15. 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 immediately upon completion of said operations and the said highway right of way must be restored to at least as good condition 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 proval. 16. Where said pipe line is to be installed longitudinally along the highway it shall be constructed on the ........YN§t......... side of the said highway right of way on a line parallel to and........txenty,..fOISC'..................:......... ( 2/ ) feet distant from the center line thereof,the said center line being,in general,the center line of the improved roadway. 17. Where said pipe line crosses the highway it shall be installed on a line at right angles to the center line thereof, at a depth to be specified by the Engineer. 18. 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. 19. At no point shall the top of the pipe line be less than.................. .r`6[•........................ ( 30 ) inches below the grade of the highway or beneath the surface of the ground at that point,if the ground be lower than the grade of the highway. This permit shall be in effect for a period of.......tWeTl(- -f.fie ( 25 ) years from and after the date hereof, unless sooner revoked by mutual consent or by the State Highway Commission or by operation of the law; provided, however, that this permit shall not be effective unless accepted in writing on or before ............................................................................................ ------------------------------------------------------------------1 19.....::.. ti 54 /3Sf S7 136+.844- :. EQ lATL01 � ©, y - - //, i k5 _ N Sra7'w 12`Conc.Prpe t ' j 2"Conc.pipe i SPECIAL PROVISIONS . Dated this Ad.......day of__� ....... ...................19.49.. Recommended for approval: OREGON STATE HIGHWAY COMMISSION J• - By-------------- .::%--" ivisiop Engineer approved: ret • ......................................... ... ... --•-------..........----------•---•---...-----------......--------...... ssistant Sate ig ngineer ----•---•........................•-•----......_..----_.......------..........._.___._.....----._...------- ACCEPTANCE OF PERMIT In consideration of the benefits accruing to the ..............Tigard__IlSatteT__D].str Ct._._..__._._._._..__.____._______ by reason of the foregoing license or permit,the said license or permit hereby is accepted by the .......... ...................... and said.......... _____________________ hereby agrees to comply with all of the terms, provisions, stipulations and conditions therein contained. Dated this. -- day of........,c. • - - - .............................. 19.49.. [SEAL] By {\ . By......-•............................•-•--••----........_.._.......__....... ................--_... Secretary STATE PRINTING DEPT.