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Home My WebLink About071 92 In the matter of ., 35- " 1 STATE OF WASHINGTON COUNTY OF JEFFERSON ' " ,,~ u)6ìt-~ c REsaY:: rÞiN'l 1171- 'Q ...... -';.,\,o...-, ~ fI~ ---":,,: ;:',~".'~ 'I x Granting a Non-Exclusive Francbise On County Road Rights of Way to Bridgehaven Community Club Association x x x WHEREAS, an Application for non-exclusive Franchise has been submitted by Bridgehaven Communinity Club Association, 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 December 9, 1991, at the hour of 10:00 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 application was made by the Bridgehaven Community Club Association in accordance with the Jefferson County Franchise Ordinance 2-81; Insurance on the existing Bridgehaven water system 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; The proposal is reflected in the application filed by Bridgehaven Community Club Association on November 7, 1991, which is incorporated by reference herein. 3) 4) 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 a water 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: South Point Road lying in Section 16, T27N, R1E, W.M., along with those county roads lying in the following described subdivisions: Bridgehaven Division 1, as recorded in Pages 57-58, Volume 4 of Plats; Bridgehaven Division 2, as recorded in Pages 61-62, Volume 4 of Plats; Bridgehaven Division 3, as recorded in Pages 67-68, Volume 4 of Plats; Bridgehaven Division 4, as recorded in Pages 79-80, Volume 4 of Plats; Bridgehaven Division 5, as recorded in Pages 3-4, Volume 5 of Plats; Bridgehaven Division 6, as recorded in Pages 7-8, Volume 5 of Plats; Bridgehaven Division 7, as recorded in Pages 13-14, Volume 5 of Plats; Bridgehaven Division 8, as I ecofded ill Pages 53-54, Volul1le 5 of Plats; Trail's End Homesites, as recorded in Page 30, Volume 3 of Plats; Trail's End 1st Addition, as recorded in Page 32, Volume 3 of Plats; Trail's End 2nd Addition, as recorded in Page 1, Volume 4 of Plats; Trail's End 3rd Addition, as recorded in Page 4, Volume 4 of Plats; Trail's End 4th Addition, as recorded in Page 16, Volume 4 of Plats; Olympic Shores, as recorded in Page 87, Volume 6 of Surveys; Olympic Highlands, as recorded in Pages 68-69, Volume 6 of surveys; Admiral's Row, as recorded in Page 26, Volume 10 of Surveys; Deputy Short Plat, as recorded in Pages 177-178, Volume 2 of Short Plats; Coyle Short Plat I, as recorded in Pages 173-174, Volume 2 of Short Plats; Coyle Short Plat II,as recorded in Pages 175-176, Volume 2 of Short Plats; Franchise: Bridgehaven Water District Bridgehaven, Trail's End, Coyle SP I & II, Admiral's Row AUG 2 It 1992 " ~Ol .384 "A~t 430 18 í,~~~ 00 8C::", VOL 2 all records of Jefferson County, Washington State. 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 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. GRANTEE acknowledges and comprehends that environmental review pursuant to the State Environmental Policy Act (SEP A) may be necessary prior to permit issuance. (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. ADOPTED this 17th day of AUGUST, 1992. ,. ';'1~1 r ~', ' , -.¡;,... ,\ ---.- , . , '" 'j' ,",..~'tf'.'~:, ., -,' ~'~, ø.\, , :1 " J... J '. ';.\\ :':".~':""V\" i~,~,','" :,',:,JI \ -.. '- ' " ( , ",' ' , .. .. '. ',.~ ... """i '--'.' ,," J'" . ~ ,,¡ , .' r " I " .; ., "" ., "., Þ."""--., ') \ ,./" SEAL: '_: þ. ( . S Q" 1;" .,~.~. ' , _,II ATTEST: . ".~,:;:";"",,w JEFFERSON COUNTY BOARD OF COMMISSIONERS ~ t _J. o--d! flJ2~ ~elaney 0 ' Clerk of the Board . APPROVED: "'"'----- (~,.,..\ ' ~ ,- -" ...¿- "--- ---. Mark Ruth Prosecuting Attorney Franchise: Bridgehaven Water District Bridgehaven, Trail's End, Coyle SP I & II, Admiral's Row VOL 384 PA..,431 vat 18 f,~Ç~ 00 8C ;'j ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS I hereby accept the terms and conditions specified under Ordinance No. 2-81, for a Non-Exclusive Franchise granted to Bridgehaven Community Club Association for construction, operation and maintenance of a water system along and across the county roads rights of way described in Resolution No. 72-92, approved by the Board of Jefferson County Commissioners on the 17th day of August, 1992. Dated this ,~/ day of A/'~j IA,51 , 1992. Bridgehaven Community Club Association ::?~~l'~ BY: Byron Swigart 3r¡(&t'.}¡~ Vt"1L Jrr J'lV.f¿n-Þ/¡ve Title' VOL 18 "c'r On..; r",.,. ". . Val 384 PA~t 432 8C"';' _dj