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HomeMy WebLinkAbout126 94 377631 STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of x RESOLUTION NO. 126-94 Granting a Non-Exclusive Franchise On County Road Rights of Way to John and Jeanne Ingebretson x x x WHEREAS, an Application for non-exclusive Franchise has been submitted by John and Jeanne Ingebretson, 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 October 3, 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) 2) The proposal is not in conflict with the Jefferson County Comprehensive Plan; The proposal is reflected in the application filed by the Ingebretsons on August 29, 1994" which is made in accordance with the Jefferson County Franchise Ordinance 2-81. 3) A surety posted by the applicant will provide for maintenance and repair of the county road system as it relates to construction and operation of the water system. Installation and maintenance of a properly functioning water system for drinking and fire protection purposes is in the interest of the public health and safety. 4) 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 a water line, 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: County Road No. 347509, Carl Johnson Road, in Government Lot 1 of Section 4, Township 27 North, Range 1 West, Willamette Meridian. 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 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. (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. \lOt 20 rAU 02002 VOL 518 rJt... 66"3 DEC 1 3 199\ , , (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. ADOPTED THIS ó\ (\' ~ A Y OF I ðY -Vn1 ~ ,199£ JEFFERSON COUNTY BOARD OF COMMISSIONERS -, . . " t f¡ 'A '¡ . ~ . , \ '. . Ú, ATTEST: APPROVED: -- Q ~ Mark Huth Prosecuting Attorney V~?~~~ ~ OF OrF,CIAL R..CORDS ~TOF ~C 13'~J'Jg~. .,01- 20 uu 02003 'lot 518 ~,¡.,,(664 , i,~;;!....PPY , ." \,I.h :.. 'Y !,.. ¡ \ "¿.F~FERSCN ,;OWHr AUDITOR 't\ ... 3Y O£fUI1 r--" ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS I hereby accept the terms and conditions specified u~der Ordinance No. 2-81, for a Non- Exclusive Franchise granted to John & Jeanne Ingebrets~n/lor construction, operation and maintenance of a single family waterline along and across the county roads rights of way described in Resolution No. , approved by the Board of Jefferson County Commissioners on the /77 day of PeCe/.tA h 1'"V- , 199!{. Dated this ~-tl.t day of lk::cew¡ he".,- , 199~. ~ ::ÇV[ ~ Applican Name (PRINT) æwc~~~ 7"Applicant Sig. ature -JE.,.q/l/N£ / IVG¡;¿fj ({GíSG7V r'" ~~~ " """""""""""""""""""""""""""................................ ...................................................................................... STATE OF WASHINGTON) COUNTY OF t.//j(, ) On this day personally appeared before me-_;íflJ 'f ,./1N/:.{Í'¡;~;uJ':(/J~,j , to me known to be the individual:; described in and who executed the within and foregoing instrument as IRs free and voluntary act and deed. 7lNß,. ss ., ì "7,.\ GIVEN under my hand and official seal this ¿i- day of .Ofd.}'!¿i, Sign: /Íj~,dJ¡Jl(¿¿ ¿:. é?tl!-i~ Print: ÎJ/1./V5¡1.¡ì.A (( {:.to/1.. Notary Public in and for The State of Washington residing at ,;-{ Ii loll ¡{ip'i I ,1991 . . '. """""""~4" """ .. '1'- ~"" '~1. ..0 ~""'" . l ~,i':.rri1Ì1"'~Þ~\" ,~ ~ 4v~, ~\ ~ 1- '\ .~ ;J '.l~\"\ølJ" ~ \ ~ . . \.. ....-' : : ~ : '. ,... f:!J'\~P"" ~ '.-~.(~\'~ "'/~ j ". ""? ....t; t ()\~ ".J.~ ..' "" 0 """""""'~ ." ". ð, ~.... ." "'-.,... . .' ," '...""..' MY COMMISSION EXPIRES 'I /~. ( l}tt( II ..7(',1- ,1992-. Val, 20 r~r.: n 200.1 VOt 518 Pk..r665