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HomeMy WebLinkAbout048 94 "rJÁ..Iç;.: f.~,). 4-/9-41 STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of Granting a Non-Exclusive Franchise On County Road Rights of Way to Alvin Schoenfeld x RESOLUTION NO. -1úL-94 x x x WHEREAS, an Application for non-exclusive Franchise has been submitted by AL SCHOENFELD, a true copy of which is attached hereto, for the purposes set out in the said application, and WHEREAS, hearing on the said application was held before the Board of County Commissioners of Jefferson County, Washington, on April 11, 1994, at the hour of 11: 15 a.m., pursuant to the provisions of RCW 36.55, after notice given as required by law, and WHEREAS, it appears to be in the public interest to grant the said non-exclusive franchise request, based on the following findings of fact and conclusions: 1) The proposal is not in conflict with the Jefferson County Comprehensive Plan; Provision will be made through a bond to insure maintenance and repair of the county road system as it relates to construction of the effluent system; The effluent line is necessary to transfer septic tank effluent to the drainfield area; 2) 3) 4) Installation and maintenance of a properly functioning septic system is in the interest of the public health and safety; The proposal is reflected in the application filed by Mr. Schoenfeld on February 09, 1994, which is incorporated by reference herein. 5) NOW THEREFORE IT IS HEREBY RESOLVED that a non-exclusive franchise be and it is hereby granted to the applicant named above (GRANTEE) for a period of twenty-five (25) years from the date of this Resolution, to construct, operate and maintain an effluent system, authorized under Title 56 RCW, including those common under Title 56 and 57 per 56.20.015, consisting of installation and service connections upon, under, over, across and along the rights of way of the county roads of Jefferson County, Washington, more particularly described as follows: That portion of the county road known as South Point Road, County Road No. 447608, more descriptively shown on attached Exhibit A, and lying in Section 16, Township 27 North, Range 1 East, W.M. This non-exclusive franchise is granted upon the following express terms and conditions: (1) The said GRANTEE, its successors and assigns, shall have the right to enter only upon the above-described rights of way for the purpose of constructing its facilities and for operating, maintaining, repairing and using those facilities. (2) The terms and conditions of Jefferson County Ordinance No. 2-81, an ordinance prescribing terms and conditions for franchise agreements granted by Jefferson County, are incorporated herein by reference and made a part of this Resolution. The GRANTEE, for itself, its successors and/or assigns, expressly agrees that it will strictly comply with the requirements of the said ordinance and any amendments thereto. The GRANTEE understands and acknowledges that the ordinance requires it to obtain a permit from the County Engineer before doing work under this non- exclusive franchise and performing other actions relating to the franchised matter. (3) The GRANTEE shall submit a facility plan to the County Planning Department Franchise: Schoenfeld effluent line. South Point Road 1 VOL 20 r~C: 691 prior to beginning any work for review of all new proposed facilities exclusive of all service connections and appurtenances. Construction permits will be granted upon the determination that the facility plan complies with the county comprehensive plan. All mitigative measures applied to Phase One of this proposal approved by Jefferson County Board of Commissioners Resolution No. 78-91 shall be complied with for Phase Two where applicable. (4) The GRANTEE shall commence construction work under this non-exclusive franchise only after the effective date hereof, and after first securing necessary approvals and permits from the County Planning Department and the Department of Public Works. (5) The full acceptance of this non-exclusive franchise and all its terms and conditions within thirty (30) days from this date, by the GRANTEE, in writing, is to be filed with the Clerk of the Board of County Commissioners of Jefferson County and shall be a condition precedent to its taking effect, and unless the non-exclusive franchise is accepted within such time, this grant shall be null and void. tlf~ 1994. ~ ADOPTED THIS /If-DAY OF JEFFERSON COUNTY RD OF COMMISSIONERS ~~~ ~~~ Lorna L. Delaney Clerk of the Board APPROVED: -----a - --- Mark Huth Prosecuting Attorney Franchise: Schoenfeld effluent line, South Point Road 2 VOL 20 rM: 692