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Home My WebLink About016 83 "'";t'!" j;1:.l,..1~~ ,:;,;.!.I 4:2:·/ :14 V "~/'1/ ~"~[Jf~~ ¡' ?1l~~1ò;¡, RESOLUTION NO. 16-83 , 9.~{!¡;'''J~' GRANTING NON-EXCLUSIVE FAANCielsE.r'~:' Z.) h'¡ ON COUNTY ROAD RIGHTS-OF-WAY DONALD O. SHULT Z , ',' ¡,i Y D All Platted Streets in Trails End Horn~sit~~~~~ ..1" ¿},[¡\tnJK:#J~:;':j~,- WHEREAS, an Application for Franchise has been submitted by Donald o. Shultz, 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 February 14, 1983, at the hour of 10:30a.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 franchise request; 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 install, operate, maintain, repair and use a public water system, in, under, upon, along and across that portion of County road ri~hts-of-way'describéd as follows: f)82' 33 ~.,...\. 6 3\J ALL PLATTED STREETS in the Plat of Trails End Homesites, Inc., Vol. 3, Pg. 30; AND in the Plat of First Addition to Trails End Homesites Inc., Vol. 3, Pg. 32; AND in the P1a~ of Sec- ond Addition to Trails End Hornesites, Inq., Vol. 4, Pg. 1; AND the South Point Road, County Road No.9, located within these Plats. 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 i,ts facilities and for operating, maintaining, re- pairing and using those facilities. (2) The terms and conditions of Jefferson County Ordinance No. 2-81, an ordinance prescribing terms and conditions for franchise agree- ments granted by Jefferson County, are incorporated herein by reference and made a part of this Resolution for all purposes as fully as if set forth in this Resolution. The GRANTEE, for itself, its successors and/or assigns, expressly agrees that it will strictly comply with the require- ments of the said ordinance and any amendments thereto. GRANTEE under- stands and acknowledges that the ordinance requires it to obtain a permit from the County Engineer/Director of Public Works before doing work under this franchise and performing other actions relating to the franchised matter. VüL \iN lJl ~~,,. 7~)Z'k"::~! l\ .¡1::;; f:."" ,<- ~ '~~~:'i,: -._"1';. ,,< ,.AI'> 4 ," ,"~:L,,!,,. Resolution No. Page 2 16-83 (3) The GRANTEE shall submit a facility plan to the County Planning Department for review of all new proposed facilities exclusive of service connections and appurtenances. Construction permits will be granted upon the determination that the facility plan complies with the County Com- prehensive Plan. (4) The GRANTEE shall commence construction work under this 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 franchise and all its terms and conditions within thirty (30) days from this date, by the GRANTEE, in writ- ing, 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 franchise is accepted within such time, this grant shall be null and void. +h DATED at Port Townsend, Washington, this ~day of February, 1983. . . JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS "') ,) ~ ~ SEAL: . r / ~ ) /) L.., -. (, .. , ~J2J¿{A A.4 A.M~rman ." ) ~ John L. Pitts, Member / . APPROVED: rIt;"~ 7' '" .., I iít1~~o! ';;£;.~'w;;k;Director ATTEST: VOt. 1.711;..,703 t' f%,\t" ·iJ ;t;~\;~. 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 0' " .' , i ),' for construction, operation and maintenance of ¿:~(' ((i--'j lines a10rtg and across the county road rights-of-way des- cribed in Resolution No. approved by the Board of Jefferson County Commissioners on the of '¿' , 198.,"'::'. > ¡ - DATED this ~¡ i " /' '-.,çi., day of ..._( ,'~I~' ../ , 198' . f ,;1',·/""7 ," ",/,~..f ,,~;, ..'". .."~ 7:t .,,-('.;:>[:;1 Applicant /""" //"K'ì (. ."." "./ r'/(".{::>, ' ,/; - ~ ,,,,,,,,,,,,,,,, J \~ .,,«,.., VOt 1.71, :... 704 ! .....t.- DAVID V. JOHNSON ATTORNEY AT LAW 708 SOUTH RACE PORT ANGELES WA 98362 (2061 452-5355 February 14, 1983 John Raymond Prosecuting Attorney 209 Quincy Street Port Townsend, WA 98368 Re: Bay Industry v. Jefferson County Dear John: This is a remin~er that Jefferson County has o~ing a judg- ~~;~ ment for costs ~n the above-referenced matter ln the amount~~,~~ of ~48.3j) on appeal, and,@76.Qò) in Superior Court. I ' ... believe you previously indicated that you had already advised the Board of Commissioners to pay these sums. Your coopera- tion in bringing this matter to their attention again would be greatly appreciated~ Thank you for your cooperation. t!)re1'i David V. Johnson DVJ:1j " '\ ,-" ~ (~ .! ¡ '~ r. -.11/ TSHE COURT- OF APPEAlS OFTlIE STATE OF W ASmNGTON I ~11_'1~~~-------------------------1 C~~ I BAY INDUSTRY, INCo, I .............................-....-....--.......................................................................................,........".............. Appellant, .....................................___...h......................................................................................................... v. MANDATE No....~? 5 I- ~.:-_!:.~......, .......~~,~~.~,~.~..~n.:,_....,....County No._...~..?,?_?.....,.._.........,_,.".......... ................................nn......_..............................................................................__........._.....n....·...·....· JEFFERSON COUNTY BOARD of ......................................___n..............................................................h......__..........._..........., ..,........ COMMISSIONERS of JEFFERSON COUNTY ..._.....u....................n....._....u........._unu.......un....u..........n................_...........n...._...n..........n......u... and A.M. O'MEARA, Chairman, ·...._.._..................____.n..______.......................................uu..................................._.......·..·..··n.n.......... Respondents, ............n..n..........n........___..........................__..............................._u.............n................ .......--.....- , I ,...,..,.......,................,.......,.............,........,.......,.....................,.,..............,..,..,...,....,...........,.........,....J The State of Washington to: The Superior Court of the State of Washington . Jefferson In and for........,.........,.".............,.,.....".._..,....,...........,.........,.........____...County This is to certify that the opinion of the Court of Appeals of the State of Washington, Division ..,....,.-I.I,..,....." filed on ..,..........R2.Y.,~~.~.E..,..~,9.,.......,..., 19,ª.Æ:........., became the decision terminating review of this court in the above entitled case on .......P.~,ç,~.ªþ.,~~,..,.f..7.............,.,..., 19.J~,2,...,.... This cause is mandated to the superior court from which the appeal was taken for further proceedings in accordance with the attached true copy of the opinion. The prevailing party has filed a cost bill in the amount of .._.....$..24JL,.Jl,..........._........,.. Costs are taxed in favor oL..,....,....App~,lJ,ªP.:,~.....,.......h......,..,..,....... and against .....,............,...R.~,ê,p..ºng,ªnt,...,..__........... in such amount. cc: David V. Johnson William E. Howard John F. Raymond Supreme Court Clerk IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court at.:r.ª-G.Qmª.., this_...2.1.t.h....,.,......,...........day of ...............".....,.......,........_...,.."..".,.,..,Ue.c.e.,1Jlþ,e.X:..........,............, 19.,8.2.,....,. ~~ .--/ ---.. -- i;.~~om~~Ü~-----,,----" EX #5 Clerk of the Court of Appeals, State of Washington Division.II......... ~s