Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-18
Tone ct al, V. TillamOOk City, Tilla.
NOOK County.

Tone et nj, W 1lllamOOk Clty, Illla-
nook County.
George Tone and Alice ]. Tone,
husband and wife, respondents, v.
Tillamook City, a municipal corpor-
alton, appellant. Appeal from the
circuit court for Tillamook county.
The Hon Geo. H. Burnett, Judge.
Submitted on briefs April 4, 1911. H..
T. Bolts, for respondents. Talmage
& Johnson, and Oak Nolan for ap-
pellant, Mcbride, Jr. Affirmed.
This Is a suit brought to enjoin
defendant from interfering with
plaintiffs in diyerting water from de-
fendant's pipe line, and involves the
construction of deed from plaintiffs
grantor to defendant, the material
part of which is as follows: THAT
We, Henry Lowry and Cora Lowry,
his wife, of TillamoOk County, State
of Oregon, for the consideration Of
the sum of One Dollar to us in hand
paid, the receipt whereof is hereby
acknowledged, and of the covenants
and agreements hereinafter ex-
pressed, have given and granted unto
Tillamook City, Oregon, a perpetual
right of way over and across, and
an easement in, the land hereinafter
described, for the purpose of clear
ing, trenching for, laying, construct
ing, maintaining, operating and re-
pairing a pipe line for a water sys-
tenn for said Tillamook City; said
land being described as follows, to-
wit. A strip of land 20 feet wide,
across the SEA of the NEA of
Section 6 Township 2 South Range
8 West of the Willamette meridian in
Oregon, where the survey for the
proposed Tillamook City Water Sys-
tenn has been made, or where the
pipe line of said system may event
ually be laid.
To have and to hold the same unto
the said Tillamook City, Oregon, for
the uses and purposes herein set out
The said Tillamook City, Oregon,
hereby coyenents to and with the
grantors herein, that they are to
have the free use of water from said
pipe line when the same shall have
been completed, upon the compliance
OF the grantors with the following
covenants.
The said grantors, their heirs, exc
cutors, administrators, and assigns,
hereby covenant to and with the said
Tillamook City, that its officers,
agents or employees may at any and
all times when necessary or conven-
lent to do so, go over or upon said
described strip of land, and to do
and perform any and all acts neces-
sary or convenient to the carrying
into effect the purposes for which
this grant is made; that neither they
ANi any vi OltuSi VI InelH snail us |
turb, injure, molest, or in any man
ner interfere with any pipe line or
material for laying, maintaining,
operating or repairing the same, in,
over or upon said described premises,
and that in the use of water from
said pipe line when so laid, they and
each of them shall be governed by, |
and comply with, all of the cove
nants of this grant, and also all of
the rules, bylaws, ordinances and
regulations, that may hereafter from
time to time be made or adopted by
the said city or its proper officers,
for the management, government,
operation or control of any water
system installed or operated by said |
city, as far as the same may be ap-
plicable, provided that the use Of
water from said pipe line shall be
restricted to pipe not larger than
one-half inche in diameter, and not
more than two pipes"
Plaintiff had a decree in the court
below, and defendant appeals.
Mcbride, j.: The principal ques-
tion to be considered is the nature
and extent of the covenants in the