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riled tor ,Record .~ Roqu..C' of
DENIS and VIRGINIA DIGNAN
When recorded return to:
VIRGINIA DIGNAM
PO ~OX 245, PORT ~OWMS.HD. VA
3~3~S2
91i1J68
.OUJ.~ CL&Xa. D..D
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~H. GRAN~oaB. DEWIB R. DIGIf~. and VIRGINIA DIGMAn. hu~b.nd and
~1t..
PURSUANT TO A 8EPARAT10M ~OUT.ACT or "ARCH 17, 1989.
convey and quit clat. tOI
V1RGIUIA DIGNAN, .. her ..parate ..tato tho tol1owln9 d~.cribed
real ..tataf .itu.t~d 1n tho County of Jetf.raoa, Stat. of
W..hlnflton, t0ge.thar vith 01.1 atter acqulr-oo title at th.
9rantor.. thoro in. .
DLOCacS 3. ,.. 5. " , IN MUOR& PLACE ADDITION 'rO THE CITY or
,ORT TOWNSEND AS PER PLAT REeDROED IN VOLU"E 2 or PLA~S, P.
66. alCORDS or ..JIlFFERBOU COUN"l'Y. VASHINO'l'OIl jUFascn CCt:~"'n' ~tsi UJ.
All. ft.. S!iLt> r/
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D.ud 3 '2{1. 81
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VJ.alMtt~oNAN
.TA~. or UAIHIUG'l'OM
COUNTY or ~vrp.ISOM
....
......."i..jtb.l. day per.onally ~ppe"r.d betora .. DaHIS R. DIGNAN and
..... ~ .Jtko'~~ DIONA", to .. known to IJe the Individual. d..crib.d in
/~";;.;.~8,.)o;'e..cut..d the vi,thln and tor.901"9 inatru..nt:, and
. .-rIot _.~':;1~9.d ch.t. t.hey .19n.d the ..,aP. .11 thaiI' tr.. and
...,.!: ~.nt:..ry act .nd d..d. tor the a... .nd purpo... t.harein
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~.~~~.. .~a...&' .,. h.... ... orf1.clal 11..1 thl.cll!.fI., of ...rcb',
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Notary .ubllc In, and for the .nt.. 0.1 U..hln9ton, re.llI.1n. at
'Ol't 'I',,,,,,..nd.. MV Co..i...lon .1I.p...... .......b.r ,. 1991.
?~: '
Julv 20, lQ!iQ
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Piled tor Record at Reque8~ ot
DENIS and VIRGINIA DIGNAN
~~~~S r;~~~~~d return to: 3~31.S:J
PO BOX 27, HADLOC~. WA 98339
QDIT CloAlM DEED
THE GRANTORS. DENIS R. DIGNAN and VIRGINIA DIGNAN, husband and
wife,
PURSUANT TO A SEPARATION CONTRACT OF HARCH 17. 1989,
convey and qui~ claim to: DENIS R. DIGNAN, as his separate
estate the following described real estate, situated in the
County of Jefferson, State of Washinqton, together with all afte,r
..cquired title of the grantors therein:
THE NORTH 200 FEET OF TilE SOUTII 350 FEET OF THAT PORTION OF
THE FOLLOWING DESCRIBED TRACT DESIGNATED AS PARCEL A WHICH
LIES EASTERLY OF COUNTY ROAD: PARCEL A: ALL THAT PART OF
GOVERNH~NT LOTS 5 AND 6 IN SECTION 1. TOWNSHIP 29 NORTH.
RANGE 1 WEST. W.H.. WHICII LIES NORTIIERLY OF THE PI,AT OF TilE
TOWN OF PORT HADLOCK, AS PER PLAT RECORDED IN VOLUME 1 OF
PLATS, PACE 44. AND SOUTIIERLY OF THE FOLLOWING DESCRIBED
LINE, TO-WIT: BEGINNJNG AT THE MEANDER CORNER TO SECTIONS
AND 2 OP SAID TOWNSIIIP AND RANGE. AND RUNNING THENCE WITH
THE MEANDER LINE OF PORT TOWNSENP BAY NORTH 82 DEGREES 30'
EAST 37 FEET. THENCE SOUTH 53 DEGREES 30' EAST 554.4 PEET.,
THENCE SOUTH 32 DEGREES EAST 145 FEET TO THE INITIAL POINT
ON SUO MEANDER I,INE. THENCE SOUTH 58 DEGREES WEST 459.3
FEET. MORE OR LESS. TO TIlE EASTERLY LINE OF CURTIS STREET IN
SAID PLAT OF TOWN OF PORT HADLOCK AND THE TERMiNAL POINT OF
TilE LINE ABOVE REFERRED TO. TOGETIIER WITH TIDELANDS 'OF THE
SECOND CLASS. AS CONVEy'EO BY TilE STATE OF WASHINGTON,
EXTREME LOW TIDE, SITUATE IN FRONT OF. ADJACENT TO'ANO
ABUTTING UPON SAID NORTH 200 FEET. ALL SIrUATE IN TilE
COUNTY OP JEFFERSON. STATE OF WASHINGTON. JEFfERSOIl cournv otlsE TAA
~d ~'~1 ,~";."0' 7.Ji~)t~e- .
~ __~L ~M~~~~~~
DE S R. G VIRGINIA DIGNARY -,,Ii:.--"f.,EA~L'IltII . dJ,lJtLtli
~~~
STATE OP WASIIINGTON )...
.,," 6A :': COUNTY OF JEPPERSON I
,\ ,.....;.On, thi. day personally app..red before tile DENIS R. DIGNAN and
,;,~,,"~~"h ,V.Jf'CINIA' DICNAN, to me known to be the individual. desct"1bed in
'r/.....,OTAII'ftnd who fucllcuted th_ within and foregoing instrument, and
i 3rrl.t1~' ___ ackJilowledged that they 8igned the 8ame aa their troe and
~\~~.U.~,t~lunt.ry act and deed, tor the ute. and purpolea therein
'-:~" ": I, \~~t10ned. 4:-
......'.."i;IVEN ndar..y h. tt 1.1. 1 th . d.y of Harch.
191
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reltding at
NoveNber 1, 1991.
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Note to file:
3-7-96
11:00 am
Discussed Michael Hamilton's issue regarding Lower Hadlock road with Klara
she stated as long as we do not need any of the platted portion for road improvements we can quit
claim 1iIm all the land to Mr. Hamilton, I need to research the road and make sure this is the case,
I immediately telephone M, Hamilton, he was not there, I left him a message on his machine,
stating that I had discussed this issue with Klara and to call me to discuss the results of that
discussion,
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WASHINGTON STATE DEPARTMENT OF
Natural Resources
JENNIFER M, BELCHER
Commissioner of Public Lands
KALEEN COTIINGHAM
Supervisor
September 12, 1996
fr.: (~~ ;~~ [;::; ~J .ifi:" ~t\ i
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SEP1G1996 I
iJEF,~~SON COUNTY!
[_~BU(; "!VOFi~~ DEPTJ
Robert Nesbitt
Jefferson County Department of Public Works
P.O. Box 2070
Port Townsend, W A 98368
Dear Mr. Nesbitt:
The deed for the property YO~lr department is purchasing in Jefferson County has been signed by
the Governor and was mailed to the Jefferson County Auditor for recording on September 6,
1996.
Though the deed will be of record within a few days, you may not receive the original deed for
several weeks. Most counties microfilm recorded documents, and they usually have a backlog
of documents to process.
A copy of the signed deed is enclosed for your information, and the original will be mailed to
you as soon as it is returned to us from the Auditor,
Sincerely,
~
retchen Garcia
Resource Planning & A~set Management Division
~
Enclosure
c: File No. 02-54311
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1111 WASHINGTON ST Sf I PO BOX 47000 I OLYMPIA, WA 9BS04,7000
fQlml Opportunity/AhirmMive Action Employer
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WASHINGTON STATE DEPARTMENT OF
Natural,,~~~~.Q.~rc_~~
JENNIFER M, BELCHER
Commissioner of Public Lands
KALE EN COTIlNGHAM
Supervisor
September 12, 1996
Donna M. Eldridge
Jefferson County Auditor
P.O. Box 1220
POr! Townsend, W A 98368
Dear Ms. Eldridge:
Submitted for processing and recording is the required excise tax affidavit together with
Quitclaim Deed No, 26500 which conveys State land to the Jefferson County Department
of Public Works.
Two checks are enclosed; one in the amount of $2.00 for the excise tax affidavit processing fee
and one for the deed recordi ng fee of $10.00.
When recording is completed, please return it to this office in the enclosed business reply
envelope.
Thank you.
Sincerely,
~~
Resource Planning & Asset Management Division
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Enclosures
c: Olympic Region
Rober! Nesbitt, Jefferson County
C f,r. A fAtUI ;.I", i! 0'11 <19cJ ;2.'33
el" I t'let:r ;VI
APr>. No, 02-54311
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1 III WASHINGTON ST S[ I po BOX 47000 I OLYMPIA. WA 98504.7000
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AFTER RECORDING RETURN TO:
Department of Natural Resources
Transactions Section
P.O. Box 47014
Olympia, WA 98504-7014
QUITCLAIM DEED
THE GRANTOR, STATE OF WASHINGTON, acting by and through the Department
of Natural ResOlirc,~s, for and ir: =onsidera:ior. of the sum of FIFTEEN THOUSANO DoHars
($15,000), hereby conveys and quitclaims to JEFFERSON COUNTY DEPARTMENT OF
PUBLIC WORKS, GRANTEE, all interest in the real property situated in Jefferson County,
Washington, and described in EXHIBIT A, which by this reference is made a part hereof.
The above-described lands are subject to the following reservation:
The Grantor hereby expressly saves, excepts, and reserves out of the grant h"reby made,
unto itself and its successors and assigns forever, all oils, gases, coal, ores, minerals, and fossils
of every name, kind, or description, and which may be in or upon said lands above described, or
any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, and
fossils; and it also hereby expressly saves and reserves out of the grant hereby made, unto itself
and its successors and 2.Ssigns forever, the right to enter by itseif or its agents, attorneys, and
servants upon said lands, or any part or parts thereof, at any and all times, for the purpose of
opening, developing, and working mines thereon, and taking out and removing therefrom all
such oils, ganes, coal, ores, minerals, and fossils, and to that end it further expressly reserves out
of the grant hereby made, unto itself, its successors and assigns, foreJer, the right by its or their
agents, servants, and attorneys at any and all times to erect, construct, maintain, and use all such
buildings, machinery, roads, and railroads, sink such'shafts, remove such soil, and to remain on
said lands or any part thereof for the business of mining and to occupy as much of said lands as
may be necessary or convenient for the successful prosecution of such mining business, hereby
expressly reserving to itself and its successors and assigns, as aforesaid, generally, all rights and
powers in, to, and over said land, whether herein expressed or not, reasonably necessary or
convenient to render beneficial and efficient the complete enjoyment of the property and the
rights hereby expressly reserved, '
f1:
No rights shall be exercised under the foregoing reservation, by the state or its sllccessors
or assigns, until provision has been made by the state or its successors or assigns, to pay to the
owner of the land upon which the rights reserved herein to the state or its successors or assigns,
are sought to be exercised, full payment for all damages sustained by said owner, by reason of
entering upon said land: PROVIDED, That ifsaid owner from any cause whatever refuses or
neglects to settle said damages, then the state or its successors or assigns, or any applicant for a
lease or contract from the state for the purpose of prospecting for or mining valuable minerals,
or option contract, or lease, for mining coal, or lease for extracting petroleum or natural gas,
shall have the right to institute such legal proceedings In the superior cOllrt of the county wherein
the land is situate, as may be necessary to detCl'f!line thfl damages which said owner of r.aid land
may suffer.
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This Deed is executed and delivered pursuant to RCW 79,01.220 at the request of the
Commissioner of Public Lands with the approval of the Board of Natural Resources, State of
Washington
WITNESS the Seal of the State of Washington, affixed this ~ day
of
SEPTEMBER
. 19-'lb.,
STANT
Approved as to form this ~
Deed No, 26500
State Record of Deeds, Volume 13, Page 212,
App. No, 02-54311
12Unndsaleldocl0254311.qcd
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EXHIBIT A
DEPARTMENT OF NATURAL RESOURCES
LAND SALE NO. 02-54311
SHINE ROAD
PARCEL DESCRIPTION
That portion of the Sv. of the 'SW\4 of Section 35, Township 28 North, Range I East,
Willamette Meridian, Jefferson County, Washington lying southerly of the southerly margin of
right of way of S.S.H, No, 9-E, as shown on that Plat of Right of Way for Secondary State
Highway No. 9-E Shine to Termination Point, filed under Application No, 909 with the office
of the Commissioner of Public Lands, Olympia, Washington.
(t
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Dennis J. Gelvin, PLS 21674
Land Description & R/W Specialist
State Land Survey Unit
Resource Planning & Asset Management
PO Box 47060
Olympia, W A 98504.7060
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SIGNED AND SEALED ,':':' r; - (J..5
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AFTER RECORDING REl"URN TO:
Department of Natural Resources
Trar,sactions Section
P.O. Box 47014
Olympia, WA 98504-7014
QUITCLAIM DEED
THE GRANTOR, STATE OF WASHINGTON, acting by and through the Department
of N2tura! Resour~s, for and ir. cor.:;ideration of the sum of FIFTEEN THOUSAND Dollars
($15,000), hereby conveys and quitclaims to JEFFERSON COUNTY DEPARTMENT OF
PUBLIC WORKS, GRANTEE, all interest in the real property situated in Jefferson County,
Washington, and described in EXHIBIT A, which by this reference is made a part hereof.
The above-described lands are subject to the following reservation:
The Grantor hereby expressly saves, excepts, and reserves out of the grant hereby made,
unto itself and its successors and assigns forever, all oils, gases, coal, ores, minerals, and fossils
of every name, kind, or description, and which may be in or upon said lands above described, or
any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, and
fossils; and it also hereby expressly saves and reserves out of the grant hereby made, unto itself
and its successors and assigns forever, the right to enter by itself or its agents, attorneys, and
servants upon said lands, or any part or parts thereof, at any and all times, for the purpose of
opening, developing, and :working mines thereon, and taking out and removing therefrom all
such oils, gases, coal, ores, minerals, and fossils, and to that end it further expressly reserves out
of the grant hereby maqe, unto itself, i~s successors and assigns, forever, the right by its or their
agents, servants, and attorneys at allY and all times to erect, construct, maintain, and use all such
buildings, machinery, roads, and railroads, sink such shafts, remove such soil, and to remain on
said lands or any part thereof for the business of mining and to occupy as much of said lands as
may be necessary or convenient for the successful prosecution of such mining business, hereby
expressly reserving to itself and its successors and assigns, as aforesaid, generally, all rights and
powers in, to, and over said land, whether herein expressed or not, reasonably necessary or
convenient to render beneficial and efficient the complete enjoyment of the property and the
rights hereby expressly reserved, .
No rights shall be exercised under the foregoing reservation, by the state or its successors
or assigns, until provision has been made by the state or its successors or assigns, to pay to the
owner of the land upon which the rights reserved herein to the state or its successors or assigns,
are sought to be exercised, full payment for all damages stist"ined by said owner, by reason of
entering upon said land: PROVIDED, That if said owner fr.:lm any cause whatever refuses or
neglects to settle said damages, then the state or its successors or assigns, or any applicant for a
lease or contract from the state for the purpose of prospecting for or mining valuable minerals,
or option contract, or lease, for mining coal, or lease for extracting petroleum or natural gas,
shall have the right to institute such legal proceedings in the lluperlor court of the county wherein
the land is situate, as may be necessary to determine th~ damages which said owner of said land
may suffer,
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This Deed is executed and delivered pursuant to RCW 79.01.220 at the request of the
Commissioner of Public Lands with the approval of the Board of Natural Resources, State of
Washington
WITNESS the Seal of the State of Washington, affixed this ---2TI!. day
of
.19~.
SEPTEMBER
STANT
Approved as to form this 2..Z-
Deed No, 26500
Stale Record of Deeds, Volume 13, Page 212,
App. No. 02-54311
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EXHIBIT A
DEPARTMENT OF NATURAL RESOURCES
LAND SALE'NO. 02-54311
SHINE ROAD
PARCEL DESCRIPTION
That portion of the SY:. of the SWV. of Section 35, Township 28 North, Range 1 East,
Willamette Meridian, Jefferson County, Washington lying southerly of the southerly margin of
right of way of S.S.H. No, 9-E, as shown on that Plat of Right of Way for Secondary State
Highway No. 9-E Shine to Termination Point, filed under Application No. 909 with the office
of the Commissioner of Public Lands, Olympia, Washington.
Dennis J, Gelvin, PLS 21674
Land Description & R/W Specialist
State Land Survey Unit
Resource Planning & Asset Management
PO Box 47060
Olympia, WA 98504-7060
SIGNED AND SEALED ,-:;.. '7 - ,'1..5
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WASHINGTON STATE DEPARTMENTOF
Na~ural Resources
October 7. 1996
CERTIFIED MAIL NO. Z 049 990 230
Robert Nesbitt
Jefferson County Department of Public Works
PO Box 2070
Port Townsend W A 98368
RE: Land Sale No. 02-54311
Dear Mr. Nesbitt:
JENNifER M, BELCHER
Commissioner of Public Lands
KALE EN COTTINGHAM
Supervisor
RECE9VED
OCT 0 8 1996
I JEFFERSON COUNTY
'PUBLIC WORKS DEPT.
Enclosed is the recorded deed for the parcel the Jefferson County Department of Public Works
recently purchased,
~~
Resources Planning and Asset Management Division
Enclosure
c: Craig Calhoon
1111 WASHINGTON ST SE I PO BOX 47000 I OLYMPIA, WA 98504.7000
Eqlhll Opportunlty/^ffirmiHlve ^ctlcm Employer
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AFTER RECORDING RETURN TO:
Department of Natural Resources
Transactions Section
P.O. Box 47014
Olympia, WA 98504-7014
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QUITCLAIM DEED
THE GRANTOR, STATE OF WASHINGTON, acting by and through the Department
of Natural Resources, for and in consideration of the sum of FIFTEEN THOUSAND Dollars
($15,000), hereby conveys and quitclaims to JEFFERSON COUNTY DEPARTMENT OF
PUBLIC WORKS, GRANTEE, all interest in the real property situated in Jefferson County,
Washington, and described in EXHIBIT A, which by this reference is made a part hereof.
The above-described lands are subject to the following reservation:
The Grantor hereby expressly saves, excepts, and reserves out of the grant hereby made,
unto itself and its successors and assigns forever, all oils, gases, coal, ores, minerals, and fossils
of every name, kind, or description, and which may be in or upon said lands above described, or
any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, and
fossils; and it also hereby expressly saves and reserves out of the grant hereby made, unto itself
and its successors and assigns forever, the right to enter by itself or its agents, attorneys, and
servants upon said lands, or any part or parts thereof, at any and all times, for the purpose of
opening, developing, and working mines thereon, and taking out and removing therefrom all
such oils, gases, coal, ores, minerals, and fossils, and to that end it further expressly reserves out
of the grant hereby made, unto itself, its successors and assigns, forever, the right by its or their
agents, servants, and attorneys at any and all times to erect, construct, maintain, and use all such
buildings, machinery, roads, a!ld railroads, sink such shafts, remove such soil, and to remain on
said lands or any part thereof for the business of mining and to occupy as much of said lands as
may be necessary or convenient for the successful prosecution of such mining business, hereby
expressly reserving to itself and its successors and assigns, as aforesaid, generally, all rights and
powers in, to, and over said land, whether herein expressed or not, reasonably necessary or
convenient to render beneficial and efficient the complete enjoyment of the property and the
rights hereby expressly reserved, '
(;:
No rights shall be exercised under the foregoing reservation, by the state or its successors
or assigns, until provision has bcen made by the state or its successors or assigns, to pay to the
owner of the land upon which the rights reserved herein to the state or its successors or assigns,
are sought to be exercised, full payment for all damages sustained by said owner, by reason of
entering upon said land: PROVIDED, That ifsaid owner from any cause whatever refuses or
neglects to settle said damages, then the state or its successors or assigns, or any applicant for a
lease or contract from the state for th~ purpose of prospecting for or mining valuable minerals,
or option contract, or lease, for mining coal, or lease for extracting petroleum or natural gas,
shall have the right to institute such legal proceeding.~ in the superior court of the county wherein
the land is situate, as may be necessary to determine the damages which said owner of said land
may suffer.
f"
JEFFEIlSON COUNTY EXCISE 1M
Aft. No, _080347
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This Deed is executed and delivered pursuant to RCW 79,01.220 at the request of the
Washington
Commissioner of Public Lands with the approval of the Board of Natural Resources, State of
WITNESS the Seal of the State of Washington, affixed this -2.'lli day
of
SEPTEMBER
, 19-9..6...
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Appro~ed as to form this ~
Deed No, 26500
Stale Record of Deeds, Volume 13, Page 212,
App. No. 02-54311
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EXHIBIT A
DEPARTMENT OF NATURAL RESOURCES
LAND SALE NO. 02-54311
SHINE ROAD
PARCEL DESCRIPTION
That portion of the SY. of theSWII.o of Section 35, Township 28 North, Range I East,
Willamette Meridian, Jefferson COWlty, Washington lying southerly of the southerly margin of
right of way of S,S.H. No, 9-E, as shown on that Plat of Right of Way for Secondary State
Highway No. 9-E Shine to Termination Point, filed Wlder Application No, 909 with the office
of the Commissioner of Public Lands, Olympia, Washington.
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Dennis J. Gelvin. PLS 21674
Land Description & RIW Specialist
State Land Survey Unit
Resource Planning & Asset Management
PO Box 47060
Olympia. W A 98504-7060
SIGNED AND SEALED ,-:.'- '7 - '~3'
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PLEASE TYI'E OR I'RINT
I'LEASE SEE REVERSE
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This form is your receipt when stamped
by cashier.
REAL ESTATE EXCISE TAX AFFIDAVIT
Form No. 84 OOOtA
CHAPTER 82,45 RCW . CHAPTER 458-61 WAC
For Use at County Treasurer's Office
{Use Form No. 84-OOOlB for Reponing Transfers of ControlJing Interest Df Entity Owncn-hip fa the Dcpanmcnl of Rc\lenuc)
THIS AFFIDAVIT WILL Nor 8E ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED
II Name
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State
ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE
Name
Street
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D Name
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Statc~Zip~
ALL TAX PA eEL NUMBERS
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City/State Zip
II LEGAL DESCRIPTION OF PROPERTY SITUATED IN 0 UNINCORPORATED
Street Address (if property is improved):
COUNTY 0 OR IN CITY OF
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II Is thjs property currently:
YES
Classified or designated as forest land?
Chapter 84,33 RCW
Classified as current use land (open space, farm 0
and agricultural, or timber)? Chapter 84.34 RCW
Exempt from property tax as a nonprofit
organization? Chapter 84.36 RCW
Scller's Exempt Reg. No. _ _ _. _ _ - _ __
Receiving special valuation as historic 0 []
property under? Chapler 84,26 RCW
Property 'l)'pe: l;J land only
Oland wilh previously used building
o timber only
D
o land with new building
o land with mobile home
o huilding only
Principal Use: 0 Apt. (4 + unit)
o timber \' ,9 agricultural
l2J other :,; u.~drl L.
o residential
o commercial/industrial
II (I) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34)
If the new owncr(s) of land Ihat is classified or designated as current use
or fareM land wish to continue the classificntion or dcsignntion of such
land. the new owner(s) must sign below. If the new owner(s) do not desire
to continue such ctassific~Hion or designation, nil compensnting or addi~
lional lax calculated pursuaol 10 RCW 84,33,120:Uld 140 or RCW 84,34,108
shall be due and pnyable by the seller or transferor at the time of snle.
The county mose!iM)r must determine if the land transferred qUil1ifies to
continue classification or designiltion and must so indicate below. Signatures
do not necessarily mean thc lnnd will remnin in clnssifieation or designa-
tion. If it no longer qualifies. it will be removed and the compensating
taxcs will he applied. All new owncrs must sign.
This Innd 0 docs 0 docs not qualify for continuance.
Dntc
DnpUTY ASSESSOR
t:'-
(2) NOTICE OF COMPLIANCE (Chapler 84,26 RCW)
If the new owner(s) of propc:rty with special valuation as historic propcny
wish to continue this speCial valuation the new owncr(s) must sign below.
If the new owner(s) do not desire to continue such special valuation, all
additioMI tnx ealeulated pursunnl to Chnpler 84,26 ReW, sholl he due
nnd rnynble hy the seller or trnnsferor at the time of sale.
(3) OWNER(S) SIGNATUIlE
r
NO
II Description of tangible personal property if included in sale (furniture.
appliances. etc.)
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If exemption claimed, list WAC number and explanation.
WAC No, (See/Sub)
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Explanation
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( '_: j ~ :.: 1 ] .1 ~\ :: ~),
Type of Documenl
Date of Document
Gross Sale Price $ 11- 1'..:,1)::
Personal Property (deduct) $
Taxable Sole Price $
Excise Tax: State $
Local $
Delinquent Inlerest: State $
Local $
Delinquent Penalty: Stale S
Total Due $
TIIERE IS A $2,00 FEn FOR PROCESSING TillS FORM IF NO TAX IS DUE
II AFFIDAVIT
I certify under penally of perjury under the laws of the smte of
Washington thot the foregoing Is true oud correct,
Signnlllrc of
Graulnr/Agent
.""\ ..j
Nnme (print) ',~-N<' r, /. , ~t..' (. ,:'.... ,
Date & Plnee of Signing : I
,. Slgnnlurc' or'
, Grontee/Agent
Name (prinl)
Date & Plnce of Signing
, '-,
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PERJURY: Perjury is II eluss C felony which is punishahle by imprisonment in 0 stale correctional institution for u maximum
term of not morc than five years, or by a tine in an amount fixed hy the court of not more thun five thousand dollars ($5,000.00),
or hy hoth imprisonment and fine (RCW 9A.20.020 (IC)).
FOR TRIlASURIlR'S USE ONLY
f',()I~M I~EV Mol nOOlA (7-{J.()4) (PI> In-~.1)41 (').'.~,:;:~I":'o18
TAXI'AYF.R
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TRANSFERS OF CONTROLLING INTEREST
Does this transfer of real property reflect the transfer or acquisition of the controlling interest in
an entity with an interest in real property in this state? If the answer is yes, this transfer of controll-
ing interest must also be reported to the Department of Revenue within five days of the sale on
Form No, 84-000 IB,
(This is applicable only if 50% or more of corporation stock, partnership, association, trust, or
other entity interest, is transferred or acquired within a 12 month period, Please refer to WAC
458-61-025, which appears on the reverse of Form No, 84-00018.),)
INTEREST AND PENALTIES
The Real Estate Excise Tax is due on the date of sale (date of the deed or contract of sale), A one-
percent per month interest is chargC(i for delinquent lax payment. This is not charged if the tax
is paid within 30 days of the date of sale, A five, ten, and twenty percent penalty on the state taxes
is due from the seller if the tax is paid lIlore than 30, 60, or 90 days past due. There is a 50 percent
penalty for intentionally evading payment of the tax.
AUDIT
The Department of Rcvenne will conduct audits of the transactions and, if necessary, determine
any underpayment of the tax. (WAC 458-61-130)
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WASHINGTON STATE DEPARTMENT OF
Natural Resources
_._._~-~
JENNIFER M, BELCHER
Commissioner of Public Lands
KALEEN COTTINGHAM
Supervisor
June 14, 1996
CERTIFIED MAIL NO. Z 049 990 234
Robert Nesbitt
Jefferson County Department of Public Works
P.O. Box 2070
Port Townsend, W A 98368
li"'il\.Ke~"\lj
~EC!:.\j 'e:f tka~
Re: Real Property Sale No. 02-54311
j
I JUN 1 7 1996
iJEFFERSON COUNTY
PUBLIC WORKS DEPT.
Dear Mr. Nesbitt:
I am pleased to be sending for Jefferson County's review a copy of the deed the State will be
issuing for the Shine Road property, Also enclosed are a number of documents related to the
closing of this sale,
Please return "he following to Gretchen Garcia, Department of Natural Resources, Resource
Planning and Asset Management Division, PO Box 47014, Olympia, Washington 98504-7014:
1, This letter or a copy of this letter, signed and dated on page 2, showing the County
approves the deed.
2.
Real E.~tate Tax Affidavit (all four copies), signed and dated in the space provided at the
bottom of the form for the Grantee/Agent,
f1'
3, Disclosure to Purchaser, signed and dated,
4. A check for $10.00 made payable to the Jefferson County Auditor for recording fees.
I'"
5.
A check for $2.00 made pllyable to the Jefferson County Treasurer for the county excise
tax processing fee,
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"" WASHINGTON SHE I PO BOX 47000' OLYMPIA, WA 9RS04,7000
Equdl Opportunity/Affirmative Action Employer
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You will receive the original deed after it has been signed by the Governor and recorded by the
Jefferson County Auditor. The deed cannot be executed by the Governor until we have your approval.
Please call me Li (360) 902-1619, or Gretchen Garcia at (360) 902-1705, if you have questions.
Sincerely,
~bt~
Resource Planning and Asset Management Division
Enclosures
c: Rod Larson, DNR Olympic Region
File No. 02-54311
nEED APPROVED:
JEFFERSON COUNTY
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AFTER RECORDING RETURN TO:
Department DC Natural Resources
Transactions Section
P.O. Box 47014
Olympia, WA 98504-7014
QUITClAIM DEED
THE GRANTOR, STATE OF WASHINGTON, acting by and through the Department
of Natural Resources, for and in consideration of the sum of FIFTEEN THOUSAND Dollars
($15,000), hereby conveys and quitclaims to JEFFERSON COUNTY DEPARTMENT OF
PUBUC WORKS, GRANTEE, all interest in the real property situated in Jefferson County,
Washington, and described in EXHIBIT A, which by this reference is made a part hereof,
The above-describecllands are subject to the following reseIVation:
The Grantor hereby expressly saves, excepts, and reseIVes out of the grant hereby made,
unto itself and its successors and assigns forever, all oils, gases, coal, ores, minerals, and fossils
of every name, kind, or description, and which may be in or upon said lands above described, or
any part thereof, and the right to explore the same for such oils, gases, coal, ores, minerals, and
fossils; and it also hereby expressly saves and reseIVes out of the grant hereby made, unto itself
and its successors and assigns forever, the right to enter by itself or its agents, attorneys, and
seIVants upon said lands, or any part or parts thereof, at any and all times, for the purpose of
opening, developing, and :working mines thereon, and taking out and removing therefrom all
such oils, gases, coal, ores, minerals, and fossils, and to that end it further expressly reseIVes out
of the grant hereby made, unto itself, its successors and assigns, forever, the right by its or their
agents, seIVants, and attorneys at any and all times to crect, construct, maintain, and use all such
buildings, machinery, roads, and railroads, sink such shafts, remove such soil, and to remain on
said lands or any part thereof for the busines.<; of mining and to occupy as much of said lands as
may be necessary or convenient for the successful prosecution of such mining business, hereby
expressly reseIVing to itself and its successors and assigns, as aforesaid, generally, all rights and
powers in, to, and over said land, whether herein expressed or not, reasonably necessary or
convenient to render beneficial and efficient the complete enjoyment of the property and the
rights hereby expressly reseIVed, .
~ ,
No rights shall be exercised under the forc:going reseIVation, by the state or its successors
or assigns, unlil provision has been made by the state or its successors or assigns, to pay to the
owner of the land upon which the rights reseIVed herein to the state or its successors or assigns,
are sought to be exercised, full payment for all damages sustained by said owner, by reason of
entering upon said land: PROVIDED, That if said owner from any cause whatever refuses or
neglects to settle said damages, then the state or its successors or assigns, or any applicant for a
lease or contract from the state for the purpose of prospecting for or mining valuable minerals,
or option contract, or lease, for mining coal, or lease for extracting petroleum or natural gas,
shall have the right to institute such legal proceedings in the superior court of the county wherc:in
the land is situate, as may be necessary to detennine the damages which said owner of said land
may suffer.
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This Deed'is executed and delivered pursuant to RCW 79.01.220 at the request of the
Commissioner of Public Lands with the approval oftne Board of Natural Resources, State of
Washington
WITNESS the Seal of the State of Washington, affixed this _day
of
,19_.
GOVERNOR
Attest:
SECRETARY OF STATE
Approved as to form this d.Z.-
Deed No. 26500
State Record of Deeds, Volume 13, Page 2.12,
App, No. 02-54311
12\Jandsalc\doc\02S4311.qcd
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EXHIBIT A
DEPARTMENT OF NATURAL RESOURCES
LAND SALE NO. 02-54311
SHINE ROAD
PARCEL DESCRIPTION
That portion of the SY:. of theSWl4 of Section 35, Township 28 North, Range I East,
Willamette Meridian, Jefferson County, Washington lying southerly of the southerly margin of
right of way of S,S.H. No, 9-E, as shown on that Plat of Right of Way for Secondary State
Highway No. 9-E Shine to Tennination Point, filed under Application No. 909 with the office
of the Commissioner of Public Lands, Olympia, Washington.
fl
~
Dennis J, Gelvin, PLS 21674
Land Description & RIW Specialist
State Land Survey Unit
Resource Planning & Asset Management
PO Box 47060
Olympia, W A 98504.7060
..
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SIGNED AND SEALED " - 1. '7 - (1-5
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This fOf!Tl is your receipt when stamped
by easlller,
REAL ESTATE EXCISE TAX AFFIDAVIT
Form No. 84 OOOlA
CHAPTER H2.45 RCW - CHAPTER 45H-oI WAC
For Use 111 County Treasurer's Officc
{Use Form No. 84-00018 [or Reporting Tr.msrcn: of Controlling Jnr.crest of Entil)' Owncn:hjp 10 the DcpotI1mcnt of Rcyenuc)
THIS AH'IDAVIT WILL NOT HE ACCEPTED UNLESS ALL AREAS 1-7 AR~; FULLY COMI'Lt.TED
PLEASE TYI'~; OR PRINT
pLEASE SEE REVERSE
.. Name State ot Wash1ngton
ill '" uepartment of Natura I Resources
~~ Street 1111 Washinc:jton St. St ::JU:"U'!
"-Ie City UlymPla State WA Zip 7U14
II ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE
Name
Succt
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Ci.y/Sta1C
Zip
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Name
Jefterson ~ounty Uepartment ot
Pub 11 c WOrKS
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ALL TAX PARCEL NUMBERS
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II LEGAL DESCRIPTION OF PROPEIITY SITUATED IN 0 UNINCORPORATED
Street Address (if property is improved):
COUNTY 0 OR IN CITY OF
see attached txh1bit A.
II Is this propcny currently:
YES
N/A
II A~.FIDAVIT
I certify und"-r penally of perjury under the laws of the slate of
Washington that the fore[:olng Is true and eorn..t.
Signature of
Grantor/Agent
Nume (print)
Dute & Place of Signing,
~ Signature of ,--,./"/1 '...L~~
Grontee/Agent ~""' -,-'
Nume (print) ~~'n'''IA',/
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Dute & Place of Signing n - - '/ {, - /('1",'" /C~'/II";':' I art-
PERJURY: Perjury is II elllss C felony which is punishllble by imprisonment in a stille correctional institution for a maximulll
term of nOllllore than five years, or by a fine in an amount fixed by the court of not more than five thollsand dollUr5 ($5,000.00),
or by bolh imprisonment and fine (RCW 9A.20.020 (IC)),
Classified or designated as forest land? 0 KJ
Chapter 84.33 RCW
Classified as current use land (open space, farm 0 ~
and agricultural, or timber)'} Chapter 84.34 RCW
Exempt from propeny tax as a nonprofit [] 0
organization? Chapter 84.36 RCW
Seller's Exempt Reg, No. _ _ _ _ _ - _ __
Receiving special valuation as historic 0 KJ
propeny under? Chapter 84,26 RCW
Property Type: j(lland only 0 land with new building
o land with previously used building 0 land with mobile home
o .imber only 0 building only
Principal Use: 0 Apt, (4 + unil) 0 residential
o timber 0 agricultural 0 commercial/industrial
~ o.her vacam:
D (I) NOTICE OF CONTINUANCE (RCW 84,33 or RCW 84,34)
If the new owner(s) of land that is classified or designated as curren! use
or forest land wish 10 continue the classification or designation of such
land. the new owner(s) must sign below. If the new owner(s) do not desire
to continue such classification or designation, all compensating or addi-
tional t:lX calculated pursuant to RCW 84,33,120 and 140 or RCW 84.34.108
shall be due and payable by the seller or tmnsferor at the time of sale,
The counlY assessor must determine if the land transferred qualifies to
contin;u: cla.~sification or designation and must so indicate below. Signmurcs
do not necessarily menn the land will remain in classincation or designa-
tion. If it no longer qualifie5, it will be removed and the compensating
Utxcs will be applied. All new owners must sign.
This land 0 docs 0 does not qualify for continuance.
Date
DEpUTY ASSESSOR
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(2) NOnCE OF COMPLIANCE (Chap.er 84.26 RCW)
If the new owner(s) orpro~rty with lipecial vululItion as hisloric propeny
wish to continue this lipeclal valuation the new owner(s) must sign below.
If the new owner(5) do not desire 10 continue such special valuation, nil
uddilional lux calculated pursuant to Chuptcr lW.26 RCW. wall be due
and paynblc by the seller or Ira"&feror at the time of sale.
(3) OWN~:R(S) SIGNATURE
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NO
II Description of tangible personal property if included in sale (furniture.
appliances. etc.)
If exemption claimed, list WAC number and explanation.
4bl:l-bl-4LU
WAC No. (Scc/Sub)
Explanation uovernment, transters to or trom
Type of Document QU1 tc I a1 m deed
Date of Document
1b,UUU
Gross Sale Price $
Personal Propeny (deduct) $
Taxable Sale Price $
Excise Tax State $
Local $
Delinquent Interes!: Sta.e $
Local $
Delinquent 1'I:nalty: SUlle $
TolDl Due $
THERE IS A $2.00 FEE FOR PROCESSING Tins FORM IF NO TAX IS DUE
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"'llIM REV H4 (lOOIA (7-(,.94) .1'1l11l.~,<J'1l <i)'<ii~\"""
COUNTY T1U:ASURt:1t
FOR TREASURER'S USE ONLY
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EXHIBIT A
DEPARTMENT OF NATURAL RESOURCES
LAND SALE NO. 02-54311
SHINE ROAD
PARCEL DESCRIPTION
That portion of the SYZ of the SWYo of Section 35, Township 28 North, Range I East,
Willamette Meridian, Jefferson County, Washington lying southerly of the southerly margin of
right of way of S.S.H. No. 9-E, as shown on that Plat of Right of Way for Secondary State
Highway No. 9-E Shine to Termination Point, filed under Application No. 909 with the office
of the Conunissioner of Public Lands, Olympia, Washington.
Dennis J, Gelvin, PLS 21674
LnndDeseription & R/W Specialist
State Land Survey Unit
Resource Planning & Asset Management
PO Box 47060
Olympia, W A 98504-7060
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SIGNED AND SEALED / - 2- '7 - ~.s
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DISCLOSURE TO PURCHASER
The following documents are prepared relating to the sale of the property under Land Sale File
No. 02-54311:
Quitclaim Deed
Real Estate Excise Tax Affidavit
You are further advised Gretchen Garcia will render closing services under the following
conditions:
DISCLOSURES
(1)
Gretchen Garcia is an agent of the Department of Natural Resources, and thus an
ESCROW IS &IT FORMED;
(2)
(3)
(4)
The documents prepared will affect the legal rights of the Purchaser;
The parties' interests in the documents may differ;
The Purchaser has the right to be represented by a lawyer of its own selection;
and
(5)
Gretchen Garcia cannot give legal advice as to the manner in which the
documents affect the Purchaser.
The Purchaser acknowledges that this Disclosure has been fully read and understood and that the
Purchaser has received a copy,
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WASHINGTON STATE DEPARTMENT OF
Natural Resources
JENNIFER M, BELCHER
Commissioner of Public Lands
KALEEN COTTINGHAM
Supervisor
April 8, 1996
Robert Nesbitt
Jefferson County Dept of Public Works
PO Box 2070
Port Townsend, WA 98368
RE: Land Sale No. 02-54311
Dear Mr. Nesbitt:
Enclosed is your fully signed Purchase and Sale Agreement for the County's anticipated
purchase of the "Shine Road" parcel.
We have received the County's payments of $3,000 for administrative costs, and also $15,000
for purchase of the land. The $15.000 is being held until final approval of the transaction by
the Board of Natural Resources at either its May 7 or June 4 meeting. The University of
Washington's Board of Regents consented to the sale of this Original University trust parcel
on March 15, 1996.
I am also enclosing, for your possible action, a notice we received recently from Public Utility
District #1 of Jefferson County about connecting to the Shine Road Local Utility District.
You mayor may not know, Rinee Merritt has transferred to another position within our
Department. From now on, you may contact me any time at 360\902-1619.
Sincerely,
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Craig Calh n
Project/Section Manager
Resource Planning and Asset Management Division
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Rod Larson, DNR Olympic Region
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i APR 11 1996
I JEFFEFlSON COUNTY,
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, 111 WASHINGTON sr 5E I PO BOX 47000 I OLVMPIA, WA 98504.7000
Equill Opportunity/Affirmative Action Employer
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Public Utility District #1
of Jefferson County
Thursday, February 29, 1996
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Board of Commissioners
Richard M. Shipman, District 1
Kenneth McMillen. District 2
Robert A. Krutenat. District 3
James G. Parker, Manager
Dear Sir/Madam:
After considerable deliberation, the Jefferson County Public
Utilities District Board of Commissioners (BOC) have directed me to determine
IIvhich property owners desire to connect to the Shine Road Local Utility District,
LUD. We will require 90 home or land owners to make the project financially
viable; the more property owners participating, the lower the overall costs, The
LUD water system will cost each participate between $9,000 and $11,000 and
payments may be spread over a 20-30 year period, at a modest interest rate.
The redesigned water system will include the immediate Shine
area. The system will utilize the existing PUD well, a new water tower, 3 miles of
distribution lines, and individual water meters. If you do not initially request a
water meter, your assessment will be about $650 less, but you will have to pay
the PUD connection fee (currently $900) at the lime you do hookup to the
system, In order to save costs, we have removed all fire appurtenances from the
system. This will reduce storage, water mains sizes, eliminate fire hydrants, and
reduced engineering costs. This has reduced project costs by about $150,000,
We will install a few T-connections to allow groups who wish to install a fire
hydrant, at their expense (about $2000 per hydrant), at a later date.
Only those participating in the LUD will be asked to pay. Those
electing not to participate will not be forced to join, However, once the system is
in place, no new wells will be allowed to be drilled within the Shine service area,
Any future applications for hookup to the LUD will be charged a minimum
hookup fee equal to that assessed against those already on the system.
(01'
On the enclosed card, please indicate the number of connections
you would want, tile parcel tax number and whether or not you would want a
~{me:'~:li C,p,"" ;e ...ded 'y," do eol..'h 10 p.rt"'pal..
Jan-jes G. pa~r
Ma'nager
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24 Colwell Stroot I P,O, Box 929, Port Hodlock, Washington 00339 (300) 385-5000 FAX (300) 365-5S45
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STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER, Commissioner of Public Lands
AGREEMENT
FOR PURCHASE AND SALE
OF REAL ESTATE
THIS AGREEMENT is made as of the gJ.dayof If/,rd ,19'1'6 by and between the
STATE OF WASHINGTON, acting by and through the Department of Natural Resources
(hereinafter referred to as the "State") and the JEFFERSON COUNTY DEPARTMENT OF
PUBLIC WORKS (hereinafter referred to as "Purchaser"); and
WHEREAS, State is the owner of certain real property known as "Shine Road", located in
Jefferson County, Washington; and
WHEREAS, State desires to convey said real property to the Purchaser, and the Purchaser
desires to acquire said real property;
NOW, THEREFORE, in exchange for the mutual promises and covenants herein
contained, and other good and valuable consideration, the mutual receipt and sufficiency of
which is hereby acknowledged by Purchaser and the State, it is agreed as follows:
1. Agreement and Property.
(a) Property to be Sold. State shall sell and convey to the Purchaser, and the
Purchaser shall purchase and accept from the State, all subject to the terms,
conditions and contingencies of this Agreement, that certain real property located in
Jefferson County, Washington, the legal description of which is set forth on
EXHIBIT A attached hereto, together with all applicable easements, rights of way
and other rights used in connection with said real property. The foregoing property
and rights and interests described above are collectively referred to herein as "the
Property" . '
SUBJECT TO the reservation of oils, gases, and minerals and easements for removal
of valuable materials as prescribed in RCW 79.01.224 and RCW 79.01.312.
2,~.
2,1 Purchase~. The Purchaser agrees to pay the sum of Fifteen Thousand U,S.
Dollars ($15,000) for the Property. This shall constitute the purchase price to be paid
for the Property and hereafter be referred to as the "Purchase Price",
2.2 ~, Purchaser shall deposit with the State the full amount of the Purchase
Price, all costs per Subsections 10 (b) iii and iv, and any other charges to facilitate
certification of payment to the State and issuance of the quitclaim deed, but in no
event shall these sums be paid later than 90 days after Board of Naturn! Resources
approval.
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3. Closin!: Date: Place, The "Closing Date", "Closing", or "Date of Closing" as those
terms are used herein, shall mean the date upon which title to the Property is transferred to
Purchaser. The Date of Closing shall be as soon as practicable for the State to issue a quitclaim
deed from the Governor's office upon confirmation that the entire payment for the Property has
heen paid to the State and that all other pertinent documents have been completed and recorded.
Closing shall be carried out at the Olympia office of the Department of Natural Resources.
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Purchaser acknowledges that the State is acting as an interested party in preparing
documentation for and closing this sale; State is D.Q1 acting ns an escrow. Purchaser should
consult an attorney regarding the legal effects of this transaction,
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4. Conveyance Title Insurance and Possession.
4.1 Possession. The Purchaser shall be entitled to possession of the Property on the
Closing Date.
4.2, Form of Deed. On the Closing Date and upon confirmation that the State
Treasurer's Office has received the entire Purchase Price, State shall convey title to the
Property to Purchaser by Quitclaim Deed ("Deed") executed by the Governor of the State
of Washington reserving mineral rights as required by RCW 79.01.224.
4.3 Title Insurance. State will not furnish a policy of title insurance at closing.
5. Rights and Obligations After Acceptance.
5.1 Inspection. Following the State's execution of this Agreement, and with two (2)
business days prior notice, the State shall permit the Purchaser and/or its designated agents
to enter upon the Property at all reasonable times for the purpose of investigating the
Property, and the physical condition thereof, including, without limitation, the condition of
the improvements, ifany, located upon the Property, pursuant to Section 5.4 below.
Purchaser shall not conduct any invasive testing of the soils without prior cons'ent of the
State.
5.2 Indemnification and Hold Harmless Regarding Purchaser's Inspection. Purchaser
agrees to indemnify, defend, save, and hold harmless the State, its officers, agents, and
employees from any and all claims, liens or costs, damages, fees and expenses (including
but not limited to attorney's and paralegal's fees, costs and expenses, including costs and
fees incurred on appeal and in bankruptcy, as well as consultant's fees and costs) suffered
due to the actions of the Purchaser'and actions of the Purchaser's agents or employees in
exercising such rights of entry or inspections under this Agreement, The Purchaser will be
responsible for the payment of any fines or penalties charged against the State or the
Purchaser, or for any employees or equipment while under the Purchaser's control,
employment, or direction, related to these activities, and/or activities under subsections 5,1
and 5.4.
5.3 As Is. Where Is. Purchaser shall inspect and take the Property "AS IS, WHERE
IS," and shall fully release, hold harmless, and indemnify State with respect to any further
liability regarding the Property as of the Day of Closing,
5.4 Reports and Studies.
(a) Subject to the conditions set forth above. the Purchaser shall have the right
to prepare, or have prepared, appraisals, market and engineering studies, feasibility
studies, surveys, resurveys or survey updates, environmental reviews, studies or
investigations (all of which are also collectively referred to as the "Purchaser's
Studies") with respect to the Property, All information discovered by Purchaser
through Purchaser's Studies shall be deemed to have been disclosed by State.
'"
(b) Further, with respect to the Purchaser's Studies, the Purchaser agrees that it
is not acting as the agent of State, and that the Purchaser's contractors, architects,
engineers, or olher design consultants are solely employed by the Purchaser to
perform the Purchaser's Studies for the benefit of the Purchaser, The Purchaser
further shall provide written notice to each contractor, architect, engineer and other
consultant of these facts, which notice shall also instmct these parties not to file any
liens or notices against the Properly prior to Closing. The Purchaser shall ask each
party to acknowledge receipt of the notice. The Purchaser shall supply State with a
written list of each party to whom this notice was sent within ten (10) days of their
issuance, as well as a copy of each notice as acknowledged by the party to whom it
was givl'n or senl.
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(c) The Purchaser also shall have the right to examine studies and reports, if
any, prepared by the State or its consultants, excluding appraisal reports (all of which
are collectively referred to as "State's Studies").
I
(d) In the event that the Purchaser does not complete the Purchase
contemplated in this Agreement, Purchaser shall immediately provide State with
Purchaser's Studies relating to the Property at no cost to State. Further, if the
Purchaser determines at its sole discretion that the Purchaser's Studies indicate the
Property is not suitable for the intended use by Purchaser or the Property presents risk
of liability unacceptable to Purchaser, Purchaser may terminate this Agreement
without further obligation. Purchaser shall give State written notice of its decision to
terminate no later than twenty (20) days after execution of this Agreement. In !],e
event Purchaser fails to give State such written notice, this Termination right shall
expire, and Purchaser shall purchase the Property.
6. Destruction or Condemnation. If on or before the Closing Date either the Property is
materially damaged, or condemnation proceedings are commenced with respect to the Property,
the Purchaser shall elect either to terminate this Agreement or to purchase the Property.
Purchaser must give written notice of such election to the State within fifteen (15) days of the
Purchaser's knowledge of such damage or condemnation. Failure to give State notice of
Purchaser's election to tenninate shall be deemed an election to purchase. If the Purchaser elects
to terminate this Agreement, all rights and obligations of the Purchaser and the State shall
terminate. If the Purchaser elects to purchase the Property, Purchaser shall be entitled to the
insurance proceeds, if any, or to the condemnation award without adjustment to the Purchase
Price. Damage shall be deemed "material" if it cannot be repaired or replaced within ninety (90)
days.
7. Condition of the Property.
7.1 As Is. Where Is. The Property is sold "AS IS, WHERE IS." Purchaser is
encouraged to examine the Property to ascertain the condition of the Property, the
existence, if any, of encumbrances, encroachments, etc. The State does not make and
specifically disclaims any warranties, express or impled, including any warranty of
merchantability or fitness for a particular purpose about the Property, including but not
limited to any improvements located thereon, and no employee or agent of the State is
authorized othelWise. The foregoing specifically excludes warranties with respect to the
existence or nonexistence of any pollutants, contaminants, or hazardous waste or claims
based thereon arising out of the actual or threatened dischnrge, disposal, seepage,
migration, or escape of such substances at, from, or into the Property.
7.2 RelellselIndemnity. Purchasers hereby fully release the State from any and all
liahility to Purchasers arising out of or related to the condition of the Property prior to or at
closing, including but not limited to the deposit or release of hazardous or toxic wastes or
material, pollutants, and the following known or suspected defects: ~, Purchaser
agrees to indemnify, defend, and release the State with respeet to, but not limited to any
claims, damages, liabilities, penalties (civil or criminal), and any other costs, including
attorneys' fees and costs imposed or related to any hazardous toxic, dangerous, or harmful
substances on the Property deposited or released after closing,
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8. Assessments. Pursuant to RCW 79,44.095, any local improvement assessment related
to the Property and paid by State prior to Closing shall be paid by Purchaser to State at Closing
unless said amount has alrendy been incorporated into the Purchnse Price, Purchnser shall buy
the Property subject to any nssessment remaining unpaid at Closing,
9. Contingencies,
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(n) f1Ir.~'lSl.ll:, Purchaser's obligations to purchose the Property are contingent
on PlIrchoser satisfoction with the conditions of Property os set forth In Section 5,
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(b) ~. State's obligations to sell the Property are contingent on the
following:
(i) Approval of this sale by the University of Washington's Board of
Regents, which must approve the sale of all Original University
Trust lands.
(H) Approval of sale by the Board of Natural Resources, an independent
body which must approve all transactions of state trust lands.
10. Closing- and Closing Costs. Priur to or at Closing the parties shall do and provide the
following:
(a) State
(i) A duly executed quitclaim deed conveying title to the Property;
(H) Real Estate Excise Tax Affidavit;
(iii) Any other documents necessary to consummate this Agreement;
(iv) Payment of any prorations to the extent determinable;
(b) Purchaser.
(i) Pay the total Purchase Price into the State Treasury;
(H) Complete all pertinent documents necessary to consummate this
Agreement.
(Hi) Payment of any prorations to the extent determinable;
(iv) Pay the cost of recording the deed and the Real Estate Excise
Tax Affidavit.
(c) Prorations. All rents and other income, if any, and other water, sewer,
utility and maintenance charges and any other expenses (excluding assessments) with
respect to the operation of the Property levied against the Property, shall be prorated
between Purchaser and the State as of the date of this Agreement. To the extent
information is then available, such prorations shall be calculated and paid as of the
Date of Closing. Such prorations shall be adjusted and completed after the Closing
Date, if necessary, as and when complete information becomes available, and the
State and Purchaser agree to cooperate and use their best efforts to complete such
prorations not later than sixty (60) days after the Closing Date. No insurance
proration shall be made,
11. ~. The representations, warranties and obligations contained herein that are
intcnded to be operative after Closing in order to be fully effective shall be so operative and shall
be deemed not to have merged in the deed.
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12. Real Estate Commission. Purchaser shall pay any real estate commission payable in
connection with this transaction. Any real estate agent or broker acting in this transaction shall
be deemed to be the sole agent of the Purchaser,
13. ~, All notices required or permitted to be given hereunder shall be in writing
and shall be deemed given IIpon pernonal service or deposit in the United States first class mnil,
postage prepaid, and nddressed as follows:
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To Purchaser:
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Robert Nesbit
Jefferson County
Department of Public Works
P.O. Box 2070
Port Townsend, WA 98368
To the State:
Rinee Merritt
Department of Natural Resources
Resource Planning & Asset Management
P.O. Box 47014/ 4th Floor
Olympia, WA 98504-7014
Facsimile: (360) 902-1789
With copy to:
Jim Schwartz
Assistant Attorney General
Highway Licenses Building/7th Floor
P.O. Box 40100
Olympia, WA 98504-0100
Facsimile: (360) 586-2756
The foregoing addresses may be changed by written notice.
14. Miscellaneous
14.1 Entire A~reement. This Agreement constitutes the entire Agreement between
the parties, and all prior and contemporaneous negotiations, understandings and
agreements, whether oral or written, are merged in these documents and the rights and
obligations of the parties shall be as set forth.
14.2 Bindin~ Nature' Assi~nment of Riahts. All rights and obligations arising out of
this Agreement shall inure to the benefit of and be binding upon the respective successors,
heirs, assigns, administrators, executors and marital communities, if any, of the parties
hereto. However, this Agreement shall not be assignable by Purchaser'without the prior
written consent and acceptance by the State, which consent and acceptance the State can
withhold at State's sole and absolute discretion.
14,3 Washinf:lon Law. This Agreement shall be construed, interpreted and enforced
pursuant to the laws of the State of Washington and venue shall be in Thurston County,
The terms of this Agreement shall be given their meaning and shall not be construed in
favor of or against either party herllto.
(':
14.4 Time of the Essence.. Time is of the essence in this Agreement. No waiver or
consent to any breach or other default in the performance of any of the terms of this
Agreement shall be deemed to constitute a waiver of any subsequent breach of the same or
any other term or condition hereof, In the event time for performanee falls on a weekend
or legal holiday designated by the United States or Washington State, performance shall be
deem(\d to be timely rendered ifso rendered on the next business day,
14.5 QjpJimls, The captions and Section headings hereof are inserted for
convenience purposes only and shall not be deemed to limit or expand the meaning of any
section.
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14.6 Invalidity. If any provisions of this Agreement shall be invalid, void or illegal,
it shall in no way affect, impair or invalidate any of the other provisions hereof.
14.7 Counter:parts. This Agreement may be signed in counterparts, anyone of which
shall be deemed an original.
14.8 Acceptance. This Agreement must be executed by the Purchaser and a signed
copy delivered to the State, c/o Rinee Merritt (use address from page 5) on or before
4:00 p.m. on MaQ...ct+ ~ , 1996, or the offer shall terminate;
14.9 Date of AlI'reement, The date of this Agreement shall be the date on which the
last party executes this Agreement. Said date shall be inserted on the first page hereof
when such date is detennined.
14.10 Good Faith. Both parties shall act reasonably and in good faith in order to
consummate this transaction.
14.11 Advice of Counsel. Purchaser acknowledges that it has had an opportunity to
seek independent legal advice regarding the transaction.
14.12 Authorization. Purchaser and the person(s) executing this Agreement on
behalf of Purchaser represent and warrant that they are authorized to do so and that this is a
legal, valid, and binding obligation on behalf of Purchaser, and is enforceable against
Purchaser in accordance with its terms. Purchaser further warrants that it has the right and
authority to make the representations and warranties set forth herein and to perform this
Agreement in accordance with its terms.
14.13 Attorney's Fees and Costs. In the event of any breach of this Agreement, the
party responsible for the breach agrees to pay reasonable attorneys' fees and costs,
including costs of service of notices and title searches, incurred by the other party. The
prevailing party in any suit instituted arising out of this Agreement and in any forfeiture
proceedings arising out of this Agreement shall be entitled to receive reasonable attorneys'
fees and costs incurred in such suit or proceedings,
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
PURCHASER:
JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
Approved as to form this _
~~
day of
.19_.
By
Its
County Attorney
THE STATE:
Approved as to form this ..c2.L
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PURCHASER NOTARY BLOCK
ACKNOWLEDGMENT
STATE OF WASHINGTON )
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COUNTY OF' .Ir7P,q2[;cJ,J )
I certify that I know or have satisfactory evidence that !SHE
is the person who appeared before me, and said person acknowledged that he/she signed this
instrument, on oath stated that he/she was authorized to execute the instrument and
acknowledged it in his/her capacity as the OnlEC-70Z ,-,.?= of the
p,/1<L.i c.. ,..~nO~S J~,::'pe}!-faJ r:~nv7? ' and it is the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
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N~ARY PU IC i and for the
State of Washington
My appointment expires ,J""iT.;to, 19'17,
DEPARTMENT OF NATURAL RESOURCES NOTARY BLOCK
ACKNOWLEDGMENT
STATE OF WASHINGTON )
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COUNTY OF..,J{" ~ ,4 ~ -::r n...) )
I certify that I know or have satisfactory evidence that . u. ....)n, ,.tl L/l...Vu'
is the person who appeared before me, and said person ackn ledge that he/she signed this
instrument, on oath stated that he/she wfl authorized to execute th instrument and
acknowledged it in his capacity as the (!;~LV'U:t-"--Li.-Lc 'I of the
Washington State Department of Natural Resources, and it is he free and voluntary act of such
party for the uses and purposes mentioned in the instrument,
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EXHIBIT A
DEPARTMENT OF NATURAL RESOURCES
LAND SALE NO. 02-54311
SHINE ROAD
PARCEL DESCRIPTION
That portion of the SYZ of the SWv.. of Section 35, Township 28 North, Range I East,
Willamette Meridian, Jefferson County, Washington lying southerly of the southerly margin of
right of way of S.S.H, No. 9-E, as shown ,on that Plat of Right of Way for Secondary State
Highway No. 9-E Shine to Termination Point, filed under Application No. 909 with the office
of the Commir,;sioner of Public Lands, Olympia, Washington.
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Dennis J, Gelvin, PLS 21674
Lund Description & R/W Spccil\list
State Land Survey Unit
Resource Plmming & Asset Manugcment
1'0 Box 47060
Olympiu, W A 98504-7060
SIGNED AND SEALED .J..:: 2. '7.: ~--5
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WASHINGTON STATE DEPARTMENT OF
Natural Resources
JENNIFER M, BELCHER
Commissioner of Public Lands
KALEEN COTTINGHAM
fR Ee ~r\rEDl
i MAR 1 5 1996 ._..1
j JEFFERSON COUNTYl
PUBLIC WORKS DEPT.
March 13, 1996
Robert Nesbit
Jefferson County Department of Public Works
PO Box 2070
Port Townsend, W A 98368
Dear Mr. Nesbit:
I have received the following from the Department of Public Works in Jefferson County:
1. Signed application for appraisement and sale of state lands, notarized March 7, 1996.
2. A check for $18,000;
$3,000 - administrative and appraisal cost reimbursements,
$15,000 - purchase price as determined by state.
A receipt is enclosed, However, until this transaction is approved by both the Board of Regents
and the Board of Natural Resources, the $15,000 will be held in suspense.
4, Purchase and Sale Agreement signed by the Department of Public Works,
The next steps to be taken to complete this transactions are:
1. Signing of the Purchase imd Sale Agreement by the state. You will receive an original signed
Purchase and Sale Agreement after state signature,
r,>
2. Presentation (and approval) of the transaction by the University of Washington's Board of
Regents at their March ]5, 1996 meeting.
3, Presentation (and approval) of the transaction by the Board of Natural Resources at their May 7,
1996 meeting,
Should the transactions be approved by the respective Boards, the department will notify the Department
of Public Works and send to you a draft quitclaim deed for approval. The quitclaim deed fonnat is
typically sent to the purchaser for review approximately two weeks after Board of Natural Resources
~i-:~")' If yO' "!W' ""y ";h" ,au"oM, p'oaw",l1 m' " (360) 902, 1645.
Ri~ ~erritl, Project Manager
Resource Planning and Asset Management
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1111 WA5HING1ON ST Sf I po (lOX 47000 I OlYMPIA, WA 98504,7000
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STATE OF WASHINGTON
Department of Natural Resources
FIELD RECEIPT
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RECEIVED OF, J~{e(~,~0.^.I~hj~i~',~~Sh,. . ..:-L.......
Add.ess, ' ........, . ..City., State.,.
Check $ . 1'R10c:Q,OO , Money Order $.. , Cosh $ .
For .3,poq ..'A'.d"~~LI~'~)."'Qe'I,~b.'.' ,'.',', /Q'b. A,~LL^ItS
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Sf ATE OFWASffiNGTON
DEPARTMENT OF NATURAL RESOURCES
JENNIFER M. BELCHER. Commissioner of Public Lands
APPUCATION FOR APPRAISEMENT
AND SALE OF Sf ATE J.ANlJS
I. Klara Fahry rep/COenling
hereby apply for Ibc appralsemenl and sale of Ibe following descri
County:
Legal description
':pov-htv- 'b SV"1..
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Sectioo '2> '5 TOWDShI~ '2.l6' North, Range ~esl). W.M., containing ~
ncres, more or less. (Attacb a map if possible.)
Public agencies arc nOl required 10 pay an appllcallon fee, All OIher applicants musl enclose an
admlolstratlve fee of $25.00, maclc payable to lhe Depanmenl of Nalura! Resources.
The applicanl understands and agrees to \be IOlIowilli condilions:
1, The Depanmenl of Natw:aJ ResOllr=' consideration oflbe appllcallon Includes a field Inspection and an
admlnisuative aevlew 10 determine Ihe Impact the ""Iu..'\ will bave on the manallement of the lands
involved, and 10 delenoine iC lhe rcqueslls In accordance with Ibe sta\Utos of lhe State of Washington
and policies of the Departmenl nr Natural ResoUICeS.,
2. All sales are subjecllo \be approval of the B08!d of Noturat Resou""",.
3. lelhe sale Is approved, convey.noe of III 1. win be by qullClalm deed.
o."...JC:..,o<1'-1,,~ :::fL ~~
nile Director/Coun~ Enaineer~
Address P.O. Box 2070 ~)
'Prl,..... "'O"1T'l9E'nA, 001\ QA1.l=;.Q
FOR OFFICE USE ONLY
Dale _ lnitials_
Appllcallon No.
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Phone (''1!;n) ':lRt;_Q1 !;n
Conlaet peBon If olher than above,
Suzanne Drum
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Return appllcaUon, with Cee If .pplicable, to the t;'"8lU1 Relllon or Division om""
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.JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P.O. Box 2070 .
Port Townsend, WA 98368
(360) 385-9]60
FAX TRANSI\DSSION SHEET
DATE:
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Natural Resources
LEe 0 V E'R LET T E
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Telephone: FAX: ~ D ~ Q,\ 2. 1-"
RESOURCE PLANNING & ASSET MANAGEMENT1]' Sender's Name:
1111 WASHINGTON ST SE '1
PO BOX 47014 (1.\ ()() CJ 1) I:> ..LL.
OLYMPIA WA 98504-7014 ,'~ "-L.~\ II
Telephone: (360) 902-160C FAX:(360) 902-1789
Date: ~/r:o/9fo Ti~'~: \'~\ ~n-- '
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WASHINGTON STATE DEPARTMENT OF
Natural Resources
JENNIFER M, BELCHER
Commissioner of Public Lands
KALEEN COTTINGHAM
Supervisor
January 25, 1995
RECeiVED I
Robert Nesbit
Jefferson County Department of Public Works
PO Box 2070
Port Townsend, W A 98368
JAN 29 1996
,JEFFERSON COUNTY
,iPUBLlC WORKS DEPT,
Dear Mr, Nesbit:
On October 25, 1995, the Department of Natural Resources sent out a letter notifying public
agencies of the Department's intent to sell Original University Trust land property known as
"Shine Road." This property is in .Jefferson County and consists of 4 acres, more or less, just
off the west end of the Hood Canal Floating Bridge,
Subsequently, I received notification from you of the Department of Public Works' interest in
purchase of this property. The Department has had the property appraised and the fair market
value has been determined to be $15,000. I f the Department of Public Works still wishes to
purchase this property the following will be necessary:
1. Completion of the attached application to purchase and appraise State lands.
2, Submittal of $3,000 for administrative and appraisal cost reimbursements to the state.
This IImount is not refundable should the County decide not to purehllse the
property,
3. Depurtment of Public Works signature on both copies of the attached Agreement for
Purchase and Sale of Real Estate. Return both copies to the slate. A fter state execution
one original will be rcturned for your records.
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I I' the County docs not wish to purchnse this pureel, the Depurllllent pluns to proceed with a
public auction sale. Consequently, we must receive your response liS soon as possiblc and ask
thllt the applicution, Agrecmcnt, and pnyment be received by Ihe Stute prior to MlIreh S, 199(;,
Should you hllve lIny problelll with this deudline. plellsc cull me il11mediutely.
l3eclluse this sule consists of Originul University lllnd, the University of WlIshington's Board
of Regents mllst lirst lIpprove the sule of Ihis purecI. Innddition, the Bourd of Nutllral
Resources, un independent hody. Illust npprove nil tl'llnsnetions of Stnte hll1ds. Presentution to
the Bourd of Nutlll'lll Resonrees oeenrs only uft~r approvnl has heen ohtuined from the Bonrd
of Regents, This presenllltion process enn take "I' to three 1110nths.
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1111 WASlIlNGfON ST Sf I PO nox 47000 I OlYMPIA, W^ 98504,7000
[qu.,1 Op~nrlunlty/^ffirnl<11ivf' AnIon EmploYN
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January 25,1996
Page 2
Should both boards approve the sale, per the Agreement, final payment must be received from the
County within 90 days after the Board of Natural Resources approval.
The State will convey the property by quitclaim deed, signed by the Governor, The State does
not provide title insurance or warranties. Minerals will be reselVC;:' from the sale. Gosing will
occur in Olympia at the Department's main office. The purchase price must be secured in the
state treasury prior to the Department's request for Governor's signature on the deed.
We cannot process this disposition until we receive the above items from the County Public
Works department, Our attorney has reviewed and approved this Agreement. Requests for
document changes may require his review. If you have any further questions or changes, please
call me at (360) 902-1645.
R' ee Merritt, Project Manager
Resour<'.e Planning and Asset Management
Attachments
c: Rod Larson, Olympic Region
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P.O. Box 2070
1322 Washington St.
Port Townsend, WA 98368
(360) 385-9160
November 7, 1995
Klara A. Fabry, Director/County Engineer
Dean Wilson
D,N,R,
411 TiIlicum Lane
FORKS, W A 98331
Dear Mr, Wilson:
Enclosed please find a copy ofa survey which was done for Jefferson County to establish the
desired right of way for Shine Road, The highlighted area is what we are interested in acquirir.g,
either by deed or easement,
Please feel free to contact either Bob Nesbitt or me at 385-9160 if we can provide further
information,
Sincerely,
Z;.J,~
E,D, Simon
1OCi% Rocyclod Papar
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WASHINGTON STATE DEPARTMENTOF
Natural Resources
JENNIFER M, BelCHER
Commissioner of Public Lands
KALEEN COTTINGHAM
Supervisor
March 20, 1996
Russell Trask
PO Box 10652
Bainbridge Island, WA 98110
Re: 02-543 J] Shine Road Proposed Sale
Dear Mr. Trask:
As you are aware, the Department of Natural Resources sent out notice to appropriate public agencies
noti/)'ing them ofthe proposed public auction sale oftne above state land parcel. This notification is
sent prior to a public auction, to allow public agencies the opportunity to purchase public lands
scheduled for disposal.lfno agency expresses interest, the sale proceeds under the public auctio.,
scenario.
After sending out notice on the "Shine Road" parcel in Jefferson County, the state received
notification of interest from the Jefferson County Department of Public Works. Consequently, the
parcel is no longer available for public auction disposal and this transaction will proeeed as a direct
sale to the Jefferson County Department of Public Works. 1 have enclosed a warrant for the refund of
$3,025, the money you submitted to the State in anticipation of a public auction sale.
1 have spoken with the Department of Public Works expressing concern about your position as a public
auction applicant and the prior public auetion proposal. The Department of Public Works has indicated
their willingness to speak with you about future use of this property under their ownership. Should you
wish to follow up on this. please call Ms. Suzanne Drum of the Jefferson County Department of
Public Works at (360) 385-9160. '
Please call me at (360) 902-] 645 if you have any further questions.
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esource Planning and Asset Management Division
Enclosures:
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c: Suzanne Drum - JefTerson County Department of Public Works
Rod LlIrson - Olympic Region
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October 25, 1995
WASHINGTON STATE DEPARTMENT OF
Natural Resources
JENNIFER M, BELCHER
Commissioner of Public Lands
KALEEN COTTINGHAM
Supervisor
Bob Nesbitt
Jefferson County Engineer
PO Box 1220
Port Townsend W A 98368
Dear Mr. Nesbitt:
This is to inform you that the Department of Natural Resources intends to sell the Original
University Trust property known as "Shine Road". The property is in Jefferson County and is
described and shown on the parcel description and maps enclosed. It is 4.25 acres, more or
less, and is located approximately 2,5 miles northwest of Port Gamble, just off the west end of
the Hood Canal Bridge.
RCW 79.01.009 allows the Department to sell trust property directly to a public agency
without public auction. If an agency has an interest in purchasing this property, an application
to purchase must be filed within sixty (60) days of receipt of this notice.
Notice has been sent to the public agencies on the enclosed list. We respectfully request your
assistance in relaying the information about this proposed sale to any other governmental
subunits and special purpose districts which may have an interest in or may benefit from
owning the property.
In the event there is no public agency interest in purchasing the property, the sale will be
accomplished by public auction, We are holding a public hearing on November 30, 1995, as a
step toward a direct or public auction sale, Enclosed is information on that hearing.
Because this property is Original University Trust, the University of Washington's Board of
Regents must approve the sale of this property before it is presented to the Board of Natural
Resources,
The final decision to sell the land will be made by the Board of Natural Resources which must
approve all transactions of state trust lands,
Please call me at (360) 902-1645 if you would like further informaticm.
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OCT 30 1995
.JEFFERSON COUNTY
PUBLIC WORKS DEPT.,
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Enclosures
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c: Rodney Larson, DNR Olympic Region
Files: 02-54311 and GO-day
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(qu..' Opportunity/Affirmative Action Employer
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EXHIBIT A
DEPARTMENT OF NATURAL RESOURCES
LAND SALE NO. 02-54311
SHINE ROAD
PARCEL DESCRIPTION
That portion of the SY. of the SW'l~ of Section 35, Township 28 North, Range I East,
WUlamette Meridian, Jefferson County, Washington lying southerly of the southerly margin of
right of way of S.S.H. No. 9-E, as shown on that Plat of Right of Way for Secondary State
Highway No. 9-E Shine to Termination Point, filed under Application No, 909 with the office
of the Commissioner of Public Lands, Olympia, Washington.
tI:
Dennis J, Gelvin, PLS 21674
Land Description & R/W Specialist
State Land Survey Unit
Resource Planning & Asset Management
PO Box 47060
Olympiu, W A 98504-7060
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Mayor John Clise
City of Port Townsend
540 Water Street
Port Townsend W A 98368
David Robison
Planning Director
City of Port Townsend
540 Water Street
Port Townsend W A 98368
Marcia Harris, Superintendent
Chimacum School District #49
PO Box 278
Chimacum W A 98325
Commissioners
Jefferson County Fire District #3
!OI South Point Rd
Port Ludlow W A 98365
Vic Dirksen, Administrator
Jefferson County Hospital Dist #2
Jefferson General Hospital
834 Sheridan
Port Townsend W A 98368^R
Judith Gunter, Director
Jefferson County Rural Library Dist
PO Box 99(\
Port Hadlock W A 98339-0990
Lloyd W Cahoon, General Manager
Port of Port Townsend
PO Box 1180
Port Townsend W ^ 98368
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SIXTY-DAY NOTICE MAIL LIST
October 24, 1995
Land Sale 02-543 I I
"Shine Road"
ThOlnas C. Neal, Auditor
Jefferson County PUD #1-WS
PO Box 929
Port Hadlock W A 98339
Dallas DeGuire, Administrator
Port Gamble S'Kallam Indian Tribe
3 I 9 I 2 Little Boston Road
Kingston W A 98346
Jefferson County Conservation District
PO Box 1068
Port Townsend WA 98368
Robert Turner, Director
Department of Fish & Wildlife
600 Capitol Way North
Olympia, WA 98501-1091
A,C. Morgan
Division of Property Development
Department of General Administration
PO Box 41015
Olympia, WA 98504-1015
Andy W, Kramer, Supervisor
Land Management
Parks and Recreation Commission
PO Box 42650
Olympia, W A 98504-2650
Sid Morrison
Secretary of Transportation
Department of Transportation
PO Box 47300
Olympia, W A 98504-7300
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WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES
NOTICE OF PUBLIC HEARING
LAND SALE NO. 02-543I1
Shine Road
WHEN:
WHERE:
November 30, 1995,7:00 p.m.
Jefferson County Fire District #3
Station 31
7650 Oak Bay Road
Port Ludlow, Washington
This hearing is to provide information and receive testimony on the proposed sale of state trust
land. The property is located in Jefferson County approximately 2.5 miles northwest of Port
Gamble, just off the west end of the Hood Canal Bridge. This trust land has low potential for
natural resource management, low income-generating potential and is inefficient for the
department to manage. The trust land will be replaced with land of equal value in a future
transaction,
A summary of testimony will be presented to the J;loard of Natural Resources. All written
testimony must be received by December 22, 1995, and be addressed to the Department of
Natural Resources, ATTN: Division of Resource Planning & Asset Management -- Land Sale
No, 54311, PO Box 47014, Olympia, WA 98504-7014 orsent by facsimile to (360) 902-
1789. For more information, call Rinee Merritt at (360) 902-1645.
PLEASE NOTE: The meeting facility is barrier-free. Persons with a disability needing
assistance or information in a different format should call Gretchen Garcia at (360) 902-1705
at least ten (10) days prior to the meet;ng for alternative arrangements. The phone number
for the W A State Telecommunications Relay Service is 1-800-833-6388.
LEGAL DESCRIPTION:
That portion of the SY:t of the SWv.. of Section 35, Township 28 North, Range I East,
Willamette Meridian, Jefferson County, Washington lying southerly of the southerly margin of
right of way of S.S.H, No, 9-E, lIS shown on the Plat of Right of Way for Secondary State
Highway No, 9-E Shine to Termination Point, file under Application No. 909 with the office
of the Commissioner of Public Lands, Olympia, Washington,
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WOOD SURVEYING INC.
Arnold Wood
2155 , ., Discovery Rd,
Port Townsend, WA 98368 T 0 ~ D
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DEPARTMENT OF PUBLIC WORKS
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PORT TOWNSEND, WASHINGTON 98368
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3603795659
WOOD SURVEYING INC
PAGE 01
WOOD SURVEYING, INC.
A:RNOLD WOOD
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Note to file: 11 December 95 11 :35 am
Doug Mason, of the City Public Works Dept. came to see me at 11 :35 am
regarding the "Back Alley" property transfer between the city and the County. He
came to give me the background on the project and to see if he can help in any
way to bring it to closure, He gave me copies of the documents he has prepared
thus far. He stated I need to prepare a deed of trust and promissory note, since
this is the form David Goldsmith has said would be necessary. In addition, he
said that David would be the one most familiar with the project so I should work
with him, I made copies of the "Exhibit A and B" which he had prepared (see file)
and the map, I told him I will prepare the documents and send them to David
Skeen and David Goldsmith for final approval and that I would keep him
informed of the pro'flSs of this project. He told me I can reach him at the City's
PL!blic Works Dept.
Discussion adjourned at 11 :45
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JEFFERSON COUNTY COURTHOUSE
NATION,l.L HISTORIC SITE
POAT TOWNSENO, WASHINGTON
Doug Mason
Department of Public Works
5210 Kuhn Street
Port Townsend, WA 98368
C
Jefferson County
Board of County Commissioners
P,O. Box 1220
Port Townsend, Washington 98368
Phone (360) 385-9100 . 1-800-831-2678 . Fex (360) 385-9382
ROBERT H. HINTON, DISTRICT 1 GLEN HUNTING FORD, DISTRICT 2
RICHARD E. WOJT, DISTRICT 3
December 5, 1995
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DEe 0 7 1993
Dear Doug,
RE: Back Alley Property Purchase
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I received the okay from the Prosecutor's Office for the Back Alley property transaction to move
forward. I forwarded this information to Klara Fabry, Director of Public Works, to handle the
necessary paperwork, etc.
Doug, as I mentioned previously to you, I would appreciate your assistance in removing a
restriction placed on the vacation of Jefferson Street in front of the Courthouse. The condition
requires the vacated street to be open to the public, effectively negating the vacation. The
County never accepted these terms, to my knowledge, and considers the street open with the
City responsible for maintenance and liability. Your assistance in resolving this problem would
be appreciated.
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cc: David Skeen, Prosecuting Attorney
Klara Fabry, Public Works Director
Board of Commissioners
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Sincerely,
~~a?_
Gary A. Rowe,
Director of Public Services
o Recyclod Popor
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EXHIBIT B
RECORDATION REQUESTED BY;
UPON RECORDATION RETURN TO:
STATUTORY WARRANTY DEED
The Grantor, Jefferson County, a political subdivision of the State of Washington,
for and in consideration of Ten Dollars ($10,00) and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, conveys and
warrants to The City of Port Townsend, a Washington municipal corporation, the real
property situated in Jefferson County, State of Washington, as described in the attached
Exhibit A, which is made a part of this instrument by this reference.
This deed is given in fulfillment of that certain real estate contract between the
parties hereto, dated - , and conditioned for the conveyance of the above
described property, and the covenants of warranty herein contained shall not apply to any
title, interest or encumbrance arising by through or under the purchaser in said contract,
and shall not apply to any taxes, assessments or other charges levied, assessed or
becoming due subsequent to the date of said contract.
Excise Tax Affidavit No.
Dated:
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Robert Hinton, Member
Jefferson County Board of Commissioners
Glen Huntingford, Member
Jefferson County Board of Commissioners
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Richard WOjt, Member
Jefferson County Board of Commissioners
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Grantor
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COMMITMENT FOR TITLE INSURANCE
Issued By
Transamerica Title Insurance Company
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Transamerica Title Insurance Company, a California corporation. herein called the Company,
for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as
identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or
mortgagee of the estate or interest covered hereby in the land described or referred to in
Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions
and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B
exceptions, and the conditions and stipulations of the policy or policies requested. (See reverse
side of this cover and inside of back cover for printed Exclusions from Coverage and Schedule B
exceptions contained in various policy forms,)
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or pOlicies committed for have been inserted in Schedule A hereofby the Company,
either at the time of the issuance of this Commitment or by subsequent endorsements and is
subject to the Conditions and Stipulations on the back of this cover.
This Commitment is preliminary to the issuance of such pOlicy or policies of title insurance and all
liability and ooligations hereunder shall cease and terminate six months after the effective date
hereof or when the policy or pOlicies committed for shall Issue, whichever first occurs, provided
that the failure to issue such pOlicy or policies is not the fault of the Company,
IN WITNESS WHEREOF, Transamerica Title Insurance Company has caustld its corporate name
and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A,
NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE
WHICH ISSUED THE COMMITMENT. AND A SPECIMEN COpy OF THE POLICY FORM
(OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED
PROMPTLY UPON REQUEST.
Transamerica Title Insurance Company
By O~id'nl
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Commllmonl W.
Cover
Form 1004.225 (3.93)
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JEFFERSON TJ:TLE COMPANY me.
2205 WASHJ:NGTON STREET
P.O. BOX 256
PORT TOWNSEND, WA 98368
(206) 385-2000
Prepared For:
44714-RB
Jefferson County Treasurer
ATTN: ILA/ JODY
Jefferson County Courthouse
COUNTY
SCHEDULE A
Effective Date: November 9, 1994 at 8:00 a.m.
1.
Policy or policies to be issued:
K ALTA Owners Policy
(10-17-92)
Standard K Extended
$TO COME
Amount
Premium
Tax
Total
$50.00
3.95
$53.95
proposed Insured: TO COME
2. Title to fee simple estate or interest in said land is at the
effective date hereof vested in:
COUNTY OF JEFFERSON, a Municipal Corporation
3, The land referred to in this Commitment is situated in the County of
Jefferson, State of Washington and described as follows:
The North 100 feet of Lot 8 in Block 40, Original Townsite to the City
of Port Townsend, as per plat recorded in Volume 1 of Plats, page 1,
records of Jefferson County, Washington.
EXCEPTING THEREFROM the Northerly 12 feet thereof and the Southerly 10
feet thereof,
Situate in the County of Jefferson, State of Washington.
-continued-
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SCHEimLE B
Exceptions: schedule B of the policy or policies to be issued will contain
exceptions to the following matters unless the same are disposed of to the
satisfaction of the company.
A. Standard exceptions set forth on the inside back cover.
B, Defects, liens, encumbrances, adverse claims or other matters, if any,
created first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed
Insured acquires for value of record the estate or interest or
mortgage thereon covered by this Commitment.
C, Instruments necessary to create the estate or interest to be properly
executed, delivered and duly filed for record.
~. Real Estate Excise Tax pursuant to the authority of RCW 82.45 and
amendments thereto.
As of the date herein, the tax rate for said property is ~.7e%.
2. Liability for exempt taxes in the event of sale of the property to a
taxpayer not entitled to an exempt status. Said taxes may become
taxable from the date of execution of a conveyance to a taxable entity
and subject to the lien of real property taxes for the balance of year
~994 from the date, and may be further liable for supplemental
assessments for general taxes for prior years pursuant to RCW
84.36.8~O.
Tax Account No, 9B9-704-0~5.
3. Matters disclosed by a search of the names of parties not yet
revealed.
NOTE ~:
The premium shown herein is tentative and will be adjusted when the
sales price has been determined,
End of Schedule B
Investigation should be made to determine if there are any service,
installation, maintenance or construction charges for sewer, water or
electricity.
In the event this transaction fails to close, a cancellation fee will be
charged for services rendered in accordance with our rate schedule,
RIJ:jam
Enclosures: Sketch
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JEFFERSON TITLE COMPANY
2205
.9a6'Washinglon Sl.. p,O Box 256. Pon Townsend. WA. (206) 385-2000
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FORT TOWNSEND BLOCK 40
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I'nlormn\I'/rn:-'lI IS" nol inwnded to show all mailer!.
rolnlon 10 tho proporty Including, but not limited
tn, <Hn,l, dlmon5ioor., ()~r.f)monts, encroachmonts.
or lociltlnn 01 boundarios. It Is not a part 01, nor
docs It mndlfy, 1110 commitment or policy to which
It ir. attachod, The Company IISGumos NO LIABILIT
lor any mallor rolalod 10 Ihls skotch. Reterenco
:;l1oulcf be mado to an acuraln survoy for I\lrther
Inlorm,1110n,
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AUG-13-96 TUE ~:26 JE~F CO COMMISSIONER
2063859382
P.01
Polat~' Fax Note 7672
To W;IJ 5uH<rflel(;l;
"""P'"' -p, to,
;LocalIon
@ No,,,,,, l T""'.....t/-19 1_ q :,36 A ('f)
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+he 'Irpl{rokt rrdd.
du.Li
Department of Public Works
5210 KUHN STREET
PORT TOWNSEND, WASHINGTON 98388
360/385-7212
360/385-7675 FAX
August 9, 1996
Lorna Delaney
Clerk, BOCC
Jeffer60n County Courthouse
P.Q, Box 1220
Port Townsend WA 98368
~1 fE @ r~, ~ W/lF It!l
/lUG 1 ~ 1996
J[fF(RSON COUNTY
DOARD or COMMISSIONERS
Re: ~Back Allev" DroDorty purchaU
Dear Ms, Delaney:
At its regular meeting on AugustS, 1996, the City Council adopled Resolution No, 96-107
authorizing the purchase ffom the County of lhe portions of Lots 6 and 8 In Block 40 of the
Port Townoend Original Townsite commonly referred to as the "Back Alloy" property; that
resolution also authorized the City Treasurer to Issue the warrants neeos6lIry to complete
the transaction. I have enclosed 8 copy olthe resolution,
Suzanne Drum prepared 8 Promissory Note and Deed of Trust that have been signed by
Mayor McCulloch pursuant to the authorization of the City Council, I have retolMd the
orlgl~als and enctosed caples of these documents.
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The agreed purchaso prlco Is $42,500, which was tho minimum bid amount sot by tho
Boord of County Commissioners had the property gone to public auction, The Promissory
Note Is in the amount 01 $31,875, payablo In three equal annual Installments beginning in
1997, The agreement botweon tho City and the County colis for a cash poyment of $10,825
upon conveyance of the property to the City, A warmntln this amollnt, as well os the
original Promlasory Note and Deed of Trust. will be delivered to the County when tho dood
for thll property has beon slonC<l by the Board of County Commlaslonors and Is ready for
recording,
Plnnsn advise me when tho doed has been fully executed and I will havo the warrant
Issued, I om ontlelpaling that the deed and the deed of trust will be recorded at the t1mo the
;i:;:I~ dollvorod to your OmCf/, Thank you for your assistance In this motter,
~on
c: Moyor McCulloch
Robort Whoeler
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JEFFERSON TITLE COMPANY, INC.
2205 WASHINGTON STREET
P.O. BOX 256
PORT TOWNSEND, WA 98368
(206) 385-2000
SURPLUS PROPERTY SALE CERTIFICATE
Tax Account No,: 989 704 ~10
Order No. :
Amount
Charge
Tax
Total
42840-RB
Up to $5,000.00
$124.00
$~
$133.80
Jefferson County Treasurer
Attn: Jodi Cossell, Deputy
Pursuant to the provisions of RCW 84.64.050 (as amended), and according to
a title search of the official records of Jefferson County, Washington, the
Jefferson Title Insurance company (hereinafter r8ferred to as "The
Company"), certifies as follows:
1. Based upon information from the Assessor's rolls supplied to the
Company by the Jefferson County Treasurer, the legal description of
the property to be sold is:
The West 25 feet of the North 100 feet of Lot 6, EXCEPT the North 12
feet thereof; Block 40, Original Townsite of Port Townsend, as
recorded. in Volume 1 of Plats, page 1,
Situate in the County of Jefferson, State of Washington.
2. We find the following discrepancy between the above description from
the Assessor's rolls and the record title legal description:
NONE
f,t
3, The Record Title Holder of said property on the hereof is:
JEFFERSON COUNTY, a municipal corporation
4.
The record purchaser (if any) named in the executory real contracts to
convey, and liens of record which are re~orded in the Auditor's Office
on the date hereof as:
r'
The property herein described is carried on the tax rolls as exempt,
however, it will become taxable from the date of execution of a
conveyance to a taxable entity and subject to the lien of real
property taxes for the balance of the year---from that date.
Tax Account No, 989 704 110.
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The certificate may be relied upon for the purpose of determining the legal
description, the record title holder, and the contract purchasers and liens
of record which are recorded in the Auditor's Office, as recorded by the
Jefferson County Auditor's Office, pursuant to the provisions of RCW
84.64.050 (as amended).
DATED: October 20, 1993
JEFFERSON TITLE COMPANY, INC.
BY: C-,~~ (~o_
Scott Thompson, Tit e Officer
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of Jefferson County, '
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9ou~ty of Jeff.erson, a
Municipal Corporation.
f;. ;"":.~:"TAX"Dm.'
Dated Jan 29th, 1921.
Recorded Jan 31st, 1921.
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1.\ ' Lot 2 (S.
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^~ '.,...,i!- of s~i- of NWt of SEt of Sec 11 T 26 Range 1 West, 5 ac.
'./ S1t of NEt of mvt of SEt of Sec 11 T 26 R: 1 W, 5 ac.
Tax F in Sec 10 in T 28 II. R. 1 East, 8.2 chains.
Sec 6 in T 29 N.R. 1 East, 14.24 ac.
Tax :e of Sec 6 in T 29 N. R. 1 East, 11.89 ehains.
220 feet of N. 440 feet) of Sec 11 T 26 Range 1 W, 5 ac.
v Tideland Tax C of See 18 T 27 Range 1 West, 16.94 chains.
~ Tideland Tax D of Sec 18 T 27 R. 1 West, 3.69 chains:
(Continued)
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/ Lot 4 in Block 37;
v Nt of Lot 2 in Block 37;
v Tideland District 99;
v Lot 3 in Block 38;
~ West 25 feet of N 100 feet of Lot 6 in ~lock 40;
'" N. 100 feet of Lot 8 in BJ.ock 40;
'" st of Lots 6 and 8 in Block 43;
v'Lot 2 in Blook 54;
...... Lots 6 and 8 in Blook 62;
v Lots 6 and 8 in Block 112;
v Lots 6 and 8 in Block 133; Port Townsend.
v Lot 20 in Block 11'
v Lot 12 in Block 15:
vLots 8 and 9 in ~lock 18; Quilcene.
v Lot 19 in ~lock 22 in Quilcene Supplemental.
v Lot I, Fraot. Block 2;
v Lot 8 in Block 3;
~Lots 14. 15 in Block 6:
v Lots 7, 9, 29 in Block 7:
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P'Q, Box 2070
1322 Washington St.
Port Townsend, WA 98368
(360) 385-9160
15 July, 1996
Klara A. Fabry. Director/County Engineer
City of Port Townsend
Department of Public Works
Arm: Doug Mason
5210 Kuhn Street
Port Townsend, WA 98368
Re: Promissory Note, Deed of Trust and Payment Schedule. Back Alley Property
Transfer
Dear Doug:
I have reviewed and discussed the requested changes to the above referenced documents
and have received approval to revise them as you and the City Attorney felt was
appropriate. The office of the Board of Commissioners requested that 1 rerurn them to you
to present to the Mayor for signature. Once you have received the appropriate signarure(s)
please return the documents to this Department for final processing.
1 am leaving employment with the County as of the 24th of this month and Will
Butterfield, presently with the A<sessor's office will be transferring into my position as of
August I, 1996. Please send the approved and signed documents to his attention.
Your patience and efforts throughout this process have been most appreciated.
Sincerely,
tt'
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Suzanne Drum
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100% R('cyclod Poper
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Tranaamorica
TiU.'nlurance Company
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FILED FOR RECORD AT REQUEST QF .
JEFFERSON COUNTY BOARD OF COMMISSIONERS (BCX:C)
WHEN RECORDED RETURN TQ
Namo,......,J.effer.san..Count.y...BOCC...............................,................................,
""",...,.P..Q.,..Bax..~22J:l4...~a2.Q,..Wa.shing:ton..St:.reet..........................
CU.. SIOI., zip"...Eol:I:.":cawns.end.,..IllA."..9.836,8,...................,..,.........,.......,,....
Deed of Trust
(For Use in the State of Washington Only)
THIS DEED OF TRUST, made this..........,....... day 01.....,......,................'..,......,............,. 19.., ......... bctw"en
City" of, ,Por-t, ,TownsenGl.,..,a.,Washilngton..II1lJIUGoipal.,COJ;pOral:ion,....,..,........,........... ..'. CRANTOR,
whose address is"" -540., ,Wate.r: ,Street... ,Pm:t..Tawnsend ", ,WA.,9 83.6.8.., .. """ ........", "",..".." .."...'.., ,...,.,"',
JEFFERSON TITLE COMPANY, INC.. a corporation, TRUSTEE, whose address is 2205
Washington Street, P.O. Box 256, Port Tow_end, WlIIOhington, and ................................
Jefferson County ,"a"poU,ti-eal"5~i-visiGfl .of..,Wasl:lington..",......,......"..,..,... BENEFICIARY,
whose address is..!?"Q,.. ~~..~~,?.9.,..},!!.?.9...~~fJ~;:~9!.\..~!:E~!:;.~.. :P.?E!:;.. :r.~'?7,~~,~,. ~~,:~~,3,~,8,..,...""", .
WITNESSETH: Grantor hereby bargains. sells and con\leys to Trustee in Trust, with power of sale. the
following described real property in ......' ..Je.t:f-'llOson..........,........... ... ..,....,..........,...., County, Ww;hington:
The North 100 feet of lDl: 8 and the West 25 feet of the North
100 feel: of lDl: 6 in Block 40, Original Townsite of Port Townsend,
as per pIal: recorded in Volume 1 of Plats, page 1, records of
Jefferson County, Washington; EXCEPTING THEREFROM the Northerly 12
feet of said property.
Payment information - see Promissary Note (attached) and Atl:achrnent "A" - Payment
schedu~e
f'
which real properly is not used principally for agricultural or farming purposes, toi:ether with 811 the u.n.
emonts, hereditaments, and appurtenances now or bereafter thereunto bolonllinll or in any willC lipper-
t.Wning. and tho ronts, iasUClll and protlta thareof.
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This deed ia for the PUI'pON of IIOCUrin&' perlormance 01 cadi .,rocment 01 ,ran tor hanin contained, and
paymont of tho Bum of.:rb.il:l:y.':'.Q!1e...thQusa.ug..~iMj;..n.w.l~r.~...~~){~.t:\~Y.:7EJ."!loUlllll ($},~,!,~~,~.~ o.~..,)
with interellt, in accordance with the terms of a promiasory note 01 even date herewith, payable to Bene-
ficiary or order, ond made by Grontor, and all renewals, modificatioll8 and extensions thereof, and IlLio
Iluch further hUmS as may be ad \lanced or loaned by Beneficiary to Crantor, or any of their SUCCCl\liOI'lI or
lIbsignH, tollother with interest thereon at 8uch rate as &haJJ be agrel.'Cl upon,
To protect the lleCUrity of thia Doed of TlUlt, Grantor covenants and' agrees:
1, To keep the property in good condition and repoir; to pennit no waste thereof; to complete any
building, structure or improvement being built or about to be built thoreon; to restore promptly any
huilding, structuro or improvement thereon which may be damaged or destroyed; and to comply with
011 laws, ordinonceH, regulations. covenanu, conditiona and reatrictioM allectanll the property,
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2. To pay fx.fore delinquC'nt all lawful taxrs and ass('Ssrnenla upon tho ....ropprty; to keep the property frr.e and clear of all other
charges. lirns or f"ncumbrances impairing the security of this Deed of Trust.
3. To kel"1l all buildinhs now or hE"rNICtC"r erectf'd on the property deRCribcd he-rein C'ontinuously insured n~ainst JOAA by fir" or othpr
hazards in an amount not lrs~ than the toto.: d~ht secured by this Def'd of Trust. All policit."9 shall be held by the Beneficiary. and
be in ..uch compani....s ns thC' Bcnl"liciary may .Jpprove and have Joss payable Ii",t to the Beneficiary. as its interest may ap....~ar, and
then to thE" Grantor. The amount coJJ,'ctcd under any insurance policy may be applied upon any indebtedness hpreby securf'd in Ruch
ord('r ab the Brnrficiary shall dl'tt"rmine. Such application by the Denefidary 6hall not cause discontinuance of any proceeding. to
loreclosp. this D....pd of Trust. I n the event oC Coreclosure. all rights of the Grantor in insurance poJiciea then in lorce .haJJ paa.s to the
purchaser at the foreclosure sale.
4. To dl'tend any action or proceeding purporting to atrect the security hereof or the rights or powers of Ben~ficiary or Trustee. and
to pay all costs and expf'nses. includinJ: cost oC title search and attorney'. rees in a reasonable amount. in any 8uch aclion or pro"
ceeding. and in any suit brought by Beneficiary to loreclose this Deed of Trust.
5. To pay all cos~. Cees and expenses in connection with this Deed of Trust. includinK the expenses of the Trustee incurred in en.
forcing the obligation secured hereby and Trustee', and attorney'. fees actually incurred. as provided by statute.
6. Should Grantor fail to pay when due any taxes. 8asessments, insurance premiums. liens. encumbrances or other chari::'es aJ;sinst
the property hprcinabove dpscribed. Beneficiary may pay the same. and the .amount 90 poid. with interest at the rate set forth in the
nole secured hereby, shall be added to and becomo a part of the debt secured in this Deed of TrUBL
IT IS MUTUALLY AGREED THAT:
1. In the event any portion of the property is taken or damaged in an eminent domain proceeding. the entire amount DC the award
or such portion as may be neceaaary to fully satisfy the obligation secured hereby. shaH be paid to Beneficiary to be appJi0d to aaid
oblhration.
2. By accepting payment of any Bum secured hereby after its due dote. Beneficiary doea not waive ita right to require prompt pay.
ment. when due of all other surns 80 secured or to declare default for failure to 80 pay.
3. The Trostee shall reconvey all 01' any part of the property covered by this Deed of Trust to the peraon entitled thereto. on written
request of the Grantor and the Beneficiary. or Upon satisfaction of the obligation secured and written request for reconveyance made
by the Beneficiary or the pirlaon entiUed thereto.
4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any a,::rf"ement contained
hrrf'in, all Bum" Rf'CUrprl her('hy !ilhall imm('diately become due and payahle at thl! option of the Benrficiary. In such pvent and upon
wrHtrn rrquf'st of Beneficiary. Trustee fthnlJ Bell the trust property. in accordan('f' with the Decod ol Trust Act at the Stale of Wash'
ington. at public auction to the highest bidder. Any person except Trusteco may hid at Trustee's ssle. Trustee shall apply the proceeds
of the sale as follows: (1) to the expense of the sale. including' a reasonable T.fustee's fee and attorney's fee: (2) to the obligation
secured by this Deed oC Trust; (3) the surplus. if any. shall be distributed to the persona entitled thereto.
5. Trustee shall deliver to the purchaser at the sale ita deed. without warranty. which shall convey to the purchaser the interest in
the property which Grantor had or had the power to convey at the timo of his execution of this Deed of Tnlst. and such 31'1 he may
have accluircd thl.!reartcr. Truijtec's deed shan recite the facta showing that the sale was conducted in compliance with all the re"
Quirements of Jaw and of this Deed of Trust. which recital shall he prima Cacie evidence of such compljance and conclusive evidence
thereof in favor of bona fide purchaser and encumbrancers Cor value.
:~J~~rB~~~fi:~~e ~~~r~~~~ ~~i~J~e:1 T~:~t:enro~~J~~D:~ :o~u.~e~ct oC the State of Waahington is not an exclusive
7. In the event of the death. incapacity. disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee.
and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trost is recorded. the
successor trustee shall be vested with all powers of the original trustee. The trustee is not obliguted to notify any party hereto of
pending sale under any other Deed of Trost or oC any action 01' proceeding in which Grantor. Trustee or Beneficiary shall be .8 party
unless such action or proceedinJf is brought by the Trustee.
8. This Deed oC Trust applies to. inures to the benefit of. and is binding not only on the portiee hereto. but on their heirs. deviseetJ.
ICJ:utoos. administrators. ex....cutors and assigns. The tenn Beneficiary .haIl mean the holder and owner 01 the .note secured hereby,
whether or not named .. Beneficiary herein.
...............................................................................................................................
...............................-.......................-..................-..................................................
.............................-.................................................................................................
.................................................................................................................................
STATE OF WASHINGTON }
...
COUNTY OF.......,................................,...., '
On thia day penonally .ppeared befOl1l me
STATE OF WASHINGTON }
...
COUNTY OF.................................................,
On this ...................' day 01 ..........,...............................,............."",,'.. 19......,....,.
beloro mo, tho undersigned. . Notary Public In .nd lor tho State 01 Wash-
Il1Ilon, duly commiasloned and sworn, peraonall,y oppeared..............,.................
......................................,.................................................,...
..............,..............................................................................
10 mo known to be tho Individual deocrlbod In .nd
who oxecu lAld tho wi thin .nd 1011l,oll1llnalrumont,
.nd acknowledged that ...,......,..,.. .lImed tho OIUnO
.1 ........................ (ree and voluntary act and deed,
lor tho uan and PUl'poaH therein mentIoned.
.nd........................................................................................_............................................
to mo known 10 be tho..................,.........Preoldont and..........,..............,..Secrotary,
respectivoly 01,....................,....................................,..........,........,..............,.... ,...............
:~: :fTJ~:tt:::~:~r~oe~c~t::r~~ea:dr::r~~f..~~~~f:~dtd~d o1c:.73~~~~
allon. lor the u... and pUrpolel therein mentioned. and on oath alated that
......,.... .................. aulhorized to ~zeculo the said lnatrument .nd that the se.l
affixed i. the corporAte leal aluId corporation.
WllnCR' my hand and oanci.1 leal horoLo .mxcd tho day and year fir.t
aboy. written.
qo
OIVEN under my hand .nd official seal thi.
......."..,day of......................,....,....,.................... 10.........
'.'.....N~~',;y..P;;bi'ic.i;...;;d.';~~..ih...8j;;i8'.~,.W;..h;
Ington. rotlldlng .t....,............,..............................,
.., ........................N~i:aiY.Pubiic.i'ii.ii;;d.i~;:.ih;;.si:ai;.Oi'Wuhi;;a.j;;;;:.........".............
l1lsldlllll.L,...............................................,...............................
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REQUEST FOR FULL RECONVEYANCE
D~ no/ ,.rord, To be ru.d on/,V whon no I. Iuu been ptJid.
TO: TRUSTEE. hiD f T S 'd
Th d ..IIOIM is lh~ I'ROI own~r and holder of Ih. not. .nd .11 olhor Ind.bledneos secured hy t,' with n eed 0 nlBL. .,
I I e":thc~ with nil olher Indl!htednl'l. .reured hy ..Id Deed of Trult, h.. be.n fully rAid and .nllsfiecl: And y~u "!j' herebr,:"
~O~~:r~!r:TC~.d OI~tldP~:iJ~t.th~.rcoJ~?\'n~v~y.r,:~;:I~h,ro~rf~::~r-yU~e~~~;dp".~:~~?~tE.t:.~:d~~:~l,~~O~~~~:,i*rF.f.~~.:fh~i~~~ii :iE
Df't'd n rull. 8n( 0 r ., . ,
held by you Ih.r.under,
Dlted, , ................ ................ ...........' '"'' ,...., 1 g,...........
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PROMISSORY NOTE
THIRTY-ONE THOUSAND EIGHT HUNDRED SEVENTY
-FIVE AND OOIIOOTHS DOLLARS ($31,875)
Date
Port Townsend, W A
FOR VALUE RECEIVED, the City of Port Townsend, a municipal corporation, ("Borrower"
herein) promises to pay to the order of Jefferson County, a municipal corporation, and the successors
and assigns of such lender ("Lender" herein), the principal sum of thirty-one thousand eight hundred
seventy-five and 00/1 OOths dollars ($31,875). Principal shall be payable in lawful money of the Untied
States, at such place as any holder hereof may designate in writing.
Principal shall be due and payable as follows: in three (3) equal annual payments in the amount of ten
thousand, six hundred and twenty-five and 00/1 OOths dollars ($10,625), the first payment will be due
June 1, 1997, and subsequent payments shall be made on the same date in the next two succeeding years,
(See Attachment "A" - payment schedule).
Borrower shall have the right, to prepay at any time in advance of maturity, without premium or penalty,
all or any part of the principal amount of this Note.
The obligations of this Note shall be joint and several. Borrower and Borrower's legal representatives,
successors. and assigns, and all endorsers and persons liable or to become liable on this Note, severally
and expressly waive diligence, presentment, demand, protest, notice of any kind whatsoever, and any
exemption under any homestead exemption laws or any other exemption or insolvency laws. Every such
person further hereby consents to any extension of the time of payment hereof or other modification of
the terms of payment of this Note, the release of all or any part of the security herefor, or the release of
any party liable for the payment of the debt evidenced hereby at any time and from time to time at the
request of anyone now or hereafter liable therefor. Any such extension or release may be made without
notice to any of such persons and without discharging their liability.
~J:
This Note has been issued pursuant to and is secured by a deed of trust to TRANS AMERICA TITLE
INSURANCE COMPANY, a corporation, dated . Such Deed of Trust and any other
security instruments evidencing or securing the indebtedness hereunder arc hereby made part of this
Note and arc deemed incorporated herein in full. Any default which continues beyond any applicable
grace period stated in the Deed of Trust in any condition, covenant, obligation, or agreement contained
in the Deed of Trust or any other security instrument shall constitute a default under this Note and shall
entitle the Lender to accelerate the maturity of the entire indebtedness hereunder and take such other
nctions us mny he provided for in the Deed of Trust or in this Note,
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ALIENATION: All snms secured hereby can be declared due and payable at the option of the payee
herein on the sale. eonveyunce or other form ofnlienation of the property described in the Deed of Trust
which secures this promise,
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]f default is made in the payment of principal hereunder when due, or upon maturity hereof, by
acceleration or otherwise, and such default is not cured within five (5) days after receiving written notice
thereof from Lender or the holder hereof, the outstanding principal balance of this Note to the extent
permitted by law, shall become due and payable at once, without notice to Borrower or any other party,
at the election of Lender or the holder of this Note. From and after the date of such default, such
principal shalI bear interest at eight and one half percent (8.5 %) per annum or the maximum rate
permitted by law, until paid in full.
]n any action or proceeding to recover any sum herein provided for, no defense of adequacy of security
or that resort must first be had to security or to any other person shall be asserted. All of the covenants,
provisions, and conditions herein contained are made on behalf of, and shall apply to and bind the
respective distributees, personal representatives, successors, and assigns of the parties hereto, jointly and
severalIy. Each and every party signing or endorsing this Note binds himself as principle and not as
surety.
It is the intent of Borrower and Lender to comply at all times with the usury and other applicable United
States federal laws or laws of the State of Washington (to the extent not preempted by federal law, if
any) now or hereafter governing the interest payable on this Note or the Deed of Trust, to the extent any
of the same are applicable hereto. ]fthe laws of the State of Washington or the United States are revised,
repealed, or judicially interpreted so as to render usurious any amount called for under this Note or the
Deed of Trust or any other instrument contracted for, charged, taken, reserved or received with respect to
the indebtedness secured or evidenced hereby, or the maturity of this Note is accelerated as herein
provided, or if any prepayment by Borrower results in Borrower's having paid any interest in excess of
that permitted by law, then it is Borrower's and Lender's intent that, notwithstanding any provision to
the contrary contained in this Note or in the Deed of Trust (a) all excess amounts theretofore collected
by Lender be credited to the principal balance of the Note (or, if this Note has been paid in full,
refunded to Borrower), and (b) the provisions of this Note immediately be deemed reformed, and the
amount thereafter collectible hereunder and thereunder reduced, without necessity of the execution of
any new document, so as to comply with the then applicable law.
The non exercise by holder of any of the holder's rights hereunder in any instance shall not constitute a
waiver thereof in that or any subsequent instance. ]fthis Note is placed in the hands of an attorney for
collection after any default, Borrower promises to pay all costs of collection and a reasonable sum as
attorneys' fees, whether suit is brought or not.
~
Time is of the essence of this Note and of the payments and performances hereunder and under the Deed
of Trust and any other Security Instruments in connection herewith.
This Notc is to be construed in all respects and enforced according to the laws of the State of
Washington,
Cil)' of Port Townsend, a municipal corporation
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Loan amount:
Annual interest rate: 0%
Term in years: 3
Payments per year: 1
First payment due: 6/1/97
PERIODIC PAYMENT
Entered payment:
Calculated payment:
CALCULATIONS
Use payment of: ,
1 51 payment in table: ;1
II-r11K-t1M61J7 . A"
BAAMORT.TBL
TABLE DATA
Table starts at date:
or at payment number: 1
LOAN DATA
$31,875.00
$10,625.00
The table uses the calculated periodic payment amount,
unless you enter a value for "Entered payment."
$10,625.00
Beginning balance at payment 1:
Cumulative interest prior to payment 1:
$31,875.00
$0.00
Table-'.', ':',' . . ' " ,"" /",.,-..," "
ATTACHMENT "A"-
PAYMENT
SCHEDULE
Payment Beginning Ending Cumulative
No. Date Balance Interest PrlnclDal Balance Interest
1 611/97 31,875,00 0,00 10,625,00 21,250,00 0,00
2 611/98 21,250,00 0,00 10,625,00 10,625,00 0,00
3 6/1/99 10,625,00 0,00 10,625,00 0,00 0,00
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JEFFERSON COUNTY ~ q\Q
DEPARTMENT OF PUBLIC WORKS
P,Q. Box 2070
1322 Washington Sl.
Port Townsend, WA 98368
(360) 385.9160
Klara A. Fabry, Director/County Engineer
MEMORANDUM
To:
From:
Date:
Re:
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Paul Mcilrath, Deputy Prosecuting Attomey
Klara Fabry, Director 1l.4I-'=I=.
3 June, 1996
Deed of Trust, Promissory Note and Payment School
for the sale of the "Back Alley" property to the City of
Port Townsend
Attached for your review as requested, please find the above referenced
documents as specified by David Skeen, of your office per memo dated
March 29, 1995 (copy attached) for this transaction. Please review
them to ensure they fulfill the legal requirements of this sale.
Upon staff discussing this issue with Bob Hinton, he pointed out that the terms
are for four years, not fifteen, so the above reference documents have been
changed to reflect this and he stated that no interest will be charged unless the
City were to default (see Promissory note), I have also attached copies of the
letters from Mayor Clise confirming the terms of the sale, which staff received
from the Commissioner's office.
Please return the documents to me by June 12th, so staff can put them on the
Board's June 17th agenda for their review and approval.
If you have any questions or concerns please direct them to Suzanne Drum at
ex!. 350.
Thank you I
Enclosures
kf/sd
~a. to I'
<:, ~:~' . Ol'1l1 only:
J,~ffj ~,...,t; ,
e erson ' .. /
Co, Prosecuror's OMes
100% 11ncyclorl Popor
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17
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PROMISSORY NOTE
FORTY -TWO THOUSAND FIVE HUNDRED
AND OO/lOOTHS DOLLARS ($42,500)
Date
Port Townsend, W A
FOR VALUE RECEIVED, the City of Port Townsend, a municipal corporation, ("Borrower"
herein) promises to pay to the order of Jefferson County, a municipal corporation, and the successors
and assigns of such lender ("Lender" herein), the principal sum of forty-two thousand five hundred and
00/100ths dollars ($42,500), Principal shall be payable in lawful money of the Untied States, at such place
as any holder hereof may designate in writing,
Principal shall be due and payable as follows: in four (4) equal annual payments in the amount of ten
thousand, six hundred and twenty-five and 001100ths dollars ($10,625), the first payment will be due at
closing, subject to clear title and title warranty, (See Attachment "A" - payment schedule),
Borrower shall have the right, to prepay at any time in advance of maturity, without premium or penalty,
all or any part of the principal amount of this Note,
The obligations of this Note shall be joint and several. Borrower and Borrower's legal representatives,
successors, and assigns, and all endorsers and persons liable or to become liable on this Note, severally
and expressly waive diligence, presentment, demand, protest, notice of any kind whatsoever, and any
exemption under any homestead exemption laws or any other exemption or insolvency laws, Every such
person further hereby consents to any extension of the time of payment hereof or other modification of
the terms of payment of this Note, the release of all or any part of the security herefor, or the release of
any party liable for the payment of the debt evidenced hareby at any time and from time to time at the
request of anyone now or hereafter liable therefor, Any such extension or release may be made without
notice to any of such persons and without discharging their liability,
'I
This Note has been issued pursuant to and is secured by a deed of trust to TRANS AMERICA TITLE
INSURANCE COMPANY, a corporation, dated , Such Deed of Trust and any other
security instnlments evidencing or securing the indebtedness hereunder are hereby made part of this Note
and arc deemed incorporated herein in full. Any default which continues beyond any applicable grace
period staled in the Deed of Trust in any condition, covenant, obligation, or agreement contained in the
Deed of Trust or any other security instrument shall constitute a default under this Note and shall entitle
the Lender to accelerate the maturity of the entire indebtedness hereunder and take such other actions as
may be provided for in the Deed of Trust or in this Note,
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ALIENA TION: All sums secured hl'reby can be declared due and payable lit the option of the payee
herein on the sale, conveyance or other form of alienation of the property described in the Deed of Trust
which secures this promise,
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If default is made in the payment of principal hereunder when due, or upon maturity hereof, by
acceleration or otherwise, and such default is not cured within five (5) days after receiving written notice
thereof from Lender or the holder hereof, the outstanding principal balance of this Note to the extent
permitted by law, shall become due and payable at once, without notice to Borrower or any other party,
at the election of Lender or the holder of this Note, From and after the date of such default, such
principal shall bear interest at eight and one half percent (8,5 %) per annum or the maximum rate
permitted by law, until paid in full,
In any action or proceeding to recover any sum herein provided for, no defense of adequacy of security
or that resort must first be had to security or to any other person shall be asserted, All of the covenants,
provisions, and conditions herein contained are made on behalf of, and shall apply to and bind the
respective distributees, personal representatives, successors, and assigns of the parties hereto, jointly and
severally, Each and every party signing or endorsing this Note binds himself as principle and not as
surety,
It is the intent of Borrower and Lender to comply at all times with the usury and other applicable United
States federal laws or laws of the State of Washington (to the extent not preempted by federal law, ifany)
now or hereafter governing the interest payable on this Note or the Deed of Trust, to the extent any of
the same are applicable hereto, If the laws of the State of Washington or the United States are revised,
repealed, or judicially interpreted so as to render usurious any amount called for under this Note or the
Deed of Trust or any other instrument contracted for, charged, taken, reserved or received with respect
to the indebtedness secured or evidenced hereby, or the maturity of this Note is accelerated as herein
provided, or ifany prepayment by Borrower results in Borrower's having paid any interest in excess of
that permitted by law, then it is Borrower's and Lender's intent that, notwithstanding any provision to the
contrary contained in this Note or in the Deed of Trust (a) all excess amounts theretofore collected by
Lender be credited to the principal balance of the Note (or, if this Note has been paid in full, refimded to
Borrower), and (b) the provisions of this Note immediately be deemed reformed, and the amount
thereafter collectible hereunder and thereunder reduced, without necessity of the execution of any new
document, so as to comply with the then applicable law,
"
The nonexercise by holder of any of the holder's rights hereunder in any instance shall not constitute a
waiver thereof in that or any subsequent instance, If this Note is placed in the hands of an attorney for
collection after any default, Borrower promises to pay all costs of collection and a reasonable sum as
attorneys' fees, whether suit is brought or not.
t!"
Time is of the essence of this Note and of the payments and performances hereunder and under the Deed
of Trust and any other Security Instruments in connection herewith,
This Note is to be construed in all respects and enforced according to the laws of the State of
Washington,
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City afPort Townsend, a municipal corporntion
By: _,______.________
Its:
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Loan amount: $42,500;00
Annual interest rate: 0%
Term in years: 4
Payments per year: 1
First payment due: CLOSING DATE
PERIODIC PAYMENT
Entered payment:
Calculated payment: i$10,625.00
CALCULATIONS
Use payment of: "$10;625.00
1st pa'yment In table: 1
BAAMORT,TBL
TABLE DATA
Table starts at date:
or at payment number:
LOAN DATA
The table uses the calculated periodic payment amount,
unless you enter a value for "Entered payment."
Beginning balance at payment 1:
Cumulative interest prior to payment 1:
$42,500;00
. '$0.00
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ATTACHMENT "An _
PAYMENT
SCHEDULE
Payment Beginning Ending Cumulative
No. Date Balance Interest Principal Balance Interest
1 #VALUEI 42,500,00 0,00 10,625.00 31,875,00 0,00
2 #VALUEI 31,875,00 0,00 10,625.00 21,250,00 0,00
3 #VALUEI 21,250,00 0,00 10,625,00 10,625,00 0.00
4 #VALUEI 10,625,00 0,00 10,625,00 0,00 0,00
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John M. Clise
MAYOR
December 14, 1994
PORT TOWNSEND, WA 9836S
(360) 385-3000
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Robert Hinton, Chair
Jefferson County Board of County Commissioners
P.O. Box 1220
Port Townsend W A 98368
DEC15i82:l
.~:EFF.:::r:SQ;\J L_ _
:: ''=:_IC WOPY,S C,:;;:::---
Dear Commissioner Hinton:
This is in follow up to my December 6 letter to you regarding the City's desire to purchase
the property owned by the County near the Back Alley Tavern.
We have received a satisfactory agreement from all the surrounding property owners and are
hereby removing that contingency from our offer.
As earlier communicated, the City is ready to purchase the property and we respectfully
request the :property be removed from the auction sale.
If there are any questions, please let me lmow. Thank you.
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City Council
Tim McMahan
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MAR-12-96 TUE 15:14 JEFF CO COMMISSIONER
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December 6, 1994
2063859382
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MAYOR
PORT TOWNSEND, WA 98368
(360) 38503000
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DEe 0 '1 1994
Robert Hinton, Chair
Jefferson County Board of County Commissioners
P.O. Box 1220
Port Townsend W A 98368
Dear Commissioncr Hinton;
"; ", -'-";::'; ". , ,; (
At last night's City Council meeting, the Council asked me to write the Board of County
Commissioncrs regarding the property the County owns near the Back Alley Tavern.
Pursuant to our conversation, the Council is making an offer to purchase the property for
75% of its assessed value (approltimately $42,500), to be paid In four equal annual payments.
The first payment will be due at closing which will be any time after January IS, 1995.
Subject to clean title and title warranty. the only contingency is that the City have an
agreement signed by all surrounding property owners satisfactory to the City not later than
Wednesday, December 14, 1994. We would inform you as soon as the agreement is in
place.
With this letter, we request that you remove the property from the proposed auction sale,
providing we notify you of the above-referenced agreement with the property owners before
S p.m. on Deccmber IS, 1995.
Thank you for your consideration.
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David Skeen
JEFFERSON COUNTY PROSECUTING ATTORNEY
Courthouse - P.O. Bolt 1220
Port Townsend, Washington 98368
Telephone (360) 385-9180 FAX (360) 385-0073
Paul Mcnrath. Chief Deputy
Waller H. Perry, Deputy
lueIie Dalzell, Deputy
Richard Swyan, Deputy
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MEMORANDUM
TO:
Gary Rowe, Public Services Director
David Skeen, Prosecuting Attorney ~
"Back All.ey" property
March 29, 1995
FROM:
RE:
DATE:
I have reviewed the proposed contract for the purchase of the
property in question and find it unacceptabl.e. The contract
submitted by the City does not provide for a promissory note and
deed of trust to secure the debt due to the CountYi it has
several. references to structures or buildings when this property
is bare l.andi does not mention or refer to any appraisal. as the
basis for the sel.l.ing price, which I believe is necessary prior
to the time the property may be sold by the County; and does not
provide the amortization tabl.e of payments. In general.. this
proposed contract is not acceptable as to form or content.
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Transamenca
Tille Services
Transamcrica
Tille Insurance Company
FILED FOR RECORD AT REQUEST OF
Jefferson County Board of County Cornnissioners (BOCC)
WHEN RECORDED RETURN TO
Jefferson County BCCC
Name. ....hh.. '.._.. ........ .... ................. n....... .... .......
Address..
P.O. Box 1220, 1820 Jefferson Street
Port Townsend, WA 98368
City, Slate, Zip.................. ................... ..... .,........., 'n.. ,.. ....... ...... '.,
Deed of Trust
(For Use in the State of Washington Only)
THIS DEED OF TRUST. made this
"day of,
19"
, between
.. City of PortTo\VI1~E!llcj,L~..,\'I<l~!:I,:i,ngl:C?~..I11~;\.ci~L~,()]:p()J:'1il::i,9rl.
......'. GRANTOR.
whose address is..540.\VCl':'-"'J:'.,s.l:.!='7'=',~!...~:r,~..':I'C?Y!.Ilsellcl",~A ,,!J,8}@
TRANSAMERICA TITLE INSURANCE COMPANY, a corporation,
1200 S,ixth Avenue, Seattle, Washington, and
Jefferson County, apoliti.C:Cl1.,su1:l<1~"is.~()n of Washington.
TRUSTEE. whose address is
.. BENEFICIARY.
whose nrldress is, P.O. Box l,2~0,.1S.2~.JEO!,f.~~rson~t~ !,p()rt,TClVJIl"efld,! WA 98368
WITNESSETH: Grantor herehy har~nins, sells and conveys to Trustee in Trust, with power of sale, the
Jefferson
followill!: descrihed real property in ,
County. Washio~ton:
The North 100 feet of Lot 8 and the West 25 feet of the North
100 feet of Lot 6 in Bl9ck 40, Original Townsite of Port Townsend,
as per plat recorded in Volume 1 of Plats, Page 1, records of
Jefferson County, Washington;
EXCEPTING THEREFROM the Northerly 12 feet of said real property.
Payment information - see promissary note (attached) and
Attachment "A" - payment schedule
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which real property is not used principally for agricultural or fanning purposes, together with all the ten-
ements. hereditaments, nnd appurtenances now or hereafter thereunto belonging or in any wiso npper-
taining. nnd the rents, issues and profits thoreof.
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This deed is for the purpose 01 securing perfonnanco of each agreement of grantor herein contained, and
pnyment of tho sum of... ,F.~~,~y'::~~...!.~~~.~,~.~~..~.~~.'::...~,';l,:!.~:':.~.~..,~..,~,~.u.~. Chollars ($~~.~.~.~,~:,~~....)
wi th interest, in accordance with tho tonns of a promissory note of even date herewith. payable to Bene.
ficiary or order, nnd mnde by Grantor, nnd all renewals. modifications and ox tensions thereof, and also
such further sums ns mny he advnnced or loaned by Beneficiary to Grantor, or nny 01 their successors or
nH81gns. tOllether with interest thereon at such rate os shall be agreed upon.
To protect th.. securil.y of this Deed of Trooi;, Grantor covonllnts and agrees:
1. To keep tho property in Ilood condition and repair; to pennlt no wasto thereof: to complete lIny
hullrlinll, 8trllclllre or Improvt1ment heln/: hullt or ahmlt to he huilt thereon; to restore promptly nny
hllllrlinll, 8trllcluro or Improvement thereon which mny he dllmalled or destroyed; nnd to comply with
nil InwH, ordinnnce8, relllllntioDR, covennnts, conditions and restrictions afTectlnll the proporty.
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2. To pay'hcfore delinquent 011 lawful taxes and assessments upon the property' to keep the property free ,and clear of all other
char,:;-cs. liens or rncumbrances impairing the security of this Deed of Trust. .
3. To ke~p 011 buildings now or hereafter erected on the property described herein continuously insured against lOBS by fire or other
ha~ards 10 an Bmo~nt not less than ~hc total debt sccured by this Deed of Trust. All policies shall be held by the Beneficiary, nnd
be In such companies as the BcncficlOry may approve and have loss payable first to the Beneficiary, as its interest may appear and
then to the Grantor'.The amount collected under any insurance policy may be applied upon any indebtedness hArcby secured in'such
order as th: Beneficiary shall dctennine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to
~~~~t~S~:~I: t~:(~r~~I~~~t8~~.the event of foreclosure. all rights of the Grantor in insurance policies then in force shall pass to the
4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee and
to pay all co~ts and expenscs, including cost of title search and attorney's fees in n reasonable amount, in any such action or' pro.
ceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust.
5. To pay all costs, fees and expenses in connection with this Deed of Trust. including the expenses of the Trustee incurred in en.
forcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute.
6. Should Grantor fail to pay wh~n due any taxes, assessments, insurance premiums, liens. encumbrances or other charges against
the property hereinabove descrihed. Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the
note secured hereby, shall he added to and become a part of the debt secured in this Deed of Trust.
IT IS MUTUALLY AGREED THAT:
1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award
or such portion 8S may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said
obligation.
2. By accepting payment of any sum secured hereby after its due date. Beneficiary does not waive its right to require prompt pay.
ment when due of all other sums so secured or to declare default for failure to so pay.
3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entiUed thereto, on written
request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made
by the Beneficiary or the person entitled thereto.
4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the perfonnance oJ any agreement contained
herein. al1 sums secured herehy shall immediately become due and payable at the option of the Beneficiary. In such event and upon
written request of BeneficicTY, Trustee shall sen the trust property, in accordance with the Deed of 'l'rust Act of the State of Wash-
ington. at public auction to the highest bidder. Any person except Trustee may hid at Trustee's sale. ~rrustee shall apply the proceeds
of the sale 8S follows: (1) to the expensc of the sale, including a reasonable Trustee's fee and attorney's fce; (2) to the obligation
secured by this Deed of Trustj (3) the surplus, if any, shall be distributed to the persons entitled thereto.
5, Trustee shall deliver to the purchaser at the sale its deed. without warranty. which shall convey to thc purchaser the interest in
the property which Grantor had or had the po.wer to convey at the time of his execution of this Deed of Trust, and such as he may
have aceJuired thereafter. Trustee's deed shall recit.e the fncts showing that the sale was conducted in compliance with all the rC'"
quirements of law and' of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence
thereof in favor of bona fide purchaser and encumbrancers for value.
~~:e~eyrB':~~fi~i:~e ~~~f~~es~ ~hi:~8e~e~1 T~~:t~t ~n10~~1~~~D:se;. ~o;[gu::c:,ct of the State of Washington is not an esclusive
7. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee,
and upon the recording of such appoinbnent in the mortgage records of the county in which this Deed of Trust is recorded, the
successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of
pending sale under any other Deed of Trust or of any action Ot proceeding in which Grantor. Trustee or Beneficiary shall be a party
unless such action or proceedinl( is brought by the Trustec,
8. This Deed of Trust applies to. inures to the benefit of. and is binding not only on the parties hereto, but on their heirs. L;. ...isccs,
legatees, administrators. executors and assigns. The term Beneficiary shall mean the holder and owner of the note sccured hereby.
whether or not named as Beneficiary herein.
............................................................................,....,.............................................
..............,..................,...............,.......,................................,..............................,......
...................,..............,...........,....,........"....................,........................,.........,......,.,.
.......,............",....,................,....,........".........,..............,.....................,.,...................
STATE OF WASHINGTON )
COUNTY OF...."....................................,..,.! 88,
On thl. doy personolly oppeared berore me
~:~:~:~:.~,~:.~:,~.~~,~.,..................} ...
On thl. '..'........,....... day or .................................................,..........,,,., 19..,.........,
belore me, the undersigned, a Nolary Public in and ror the Stale or Wo.h-
ington, duly commiS8loned ond swam, personally oppeared.....,.,........................
"....,.",....,.............,.........................,.,.......,..,.....,....,......."...
to me known 10 be Ihe individual described in and
who executed the wiU,in nnd foregoing InBtrnment,
nnd IIcknowlcdR'cd that ....,........... nlgned the some
os ,,,...............,..... tree nnd voluntary net nnd deed,
for the URr.S nnd purposes theroln mentioned.
.....,.......,...,...,.................-.....,...............,............,.'......-.................,......,......,......................,
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GIVEN under my hond ond offielol .e.l thl.
".."",..,day 01...,....,........"..,..........,..............,...., 19.........
nnd.,.......".........,....,.......................,........._....,....,...".......'............_..........,........."...,..,....,..
to me known to be tbo......,..,............'...nPrcsident nnd.................,....,....,Beeretary.
respectively 01..".."..............,............................,......,................,..,..........",.......,......'.......
~~~ .:'.:I:ri'~:::::~:~i'~oe~~:1r~~oa~~~~i'~~t.~~~I:'::~~td:~d 01c.':.ld'%~~
otton. for the useR and PUrpOSCB therein montioned, and on ooth atoted that
............................., .ulhori.ed to e.ccule Iho ..id In.trument and thnt tho .nol
nml:ed III tho col'J1orato Ileal of Mid corpontUon,
Wllnes. my hand and omclol 0001 hereto am.ed the day nnd y.n. nrst
abeve wrllten.
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Ington, rOllldlnR' at..."...,......,......................,....."...
,..."""....,...........'N~i';;;.y.p.;ii;iic'i.;;.~~d..;~r'i';;; 'ii~j;;.~'i'W;;;;hii~i.j;;~.,..,..........,..........
.eoldlu<< .1,............................,............,......................,......,........
f'
REQUEST FOR FULL RECONVEYANCE
Do nol r~cnrd, To b~ u."d mll,'Y whit" nole hlU been ptJld.
___J
'1'0: 'rnUSTEE,
Tim lIndnr"IRnnd I.. the 1C'r,nl owner nnef hnlrlttr of tho nnto nnd ..n nth", Inclnhh,eln""" lecurtKJ fly thn within Df'ed or Tnult, BRld
lIotn tOR,'fhf'r with nil nlhClr ndnhtmlnrllR Ilncurnd hy .ulld DC'lnrJ or 'rrullt, hnll hflt'ln rully rnld ond IUItllIflrelj onel you nm hornh)' ro'
'1IIr"it.d 1II1f' dlrl'etC'ld. on pnymonl to rem or nny Rumn owlnr to )'ou undor tl10 torm. or Hnle ntted 01 Truet, to enn~1 ..old nota nhovo
hl6nllon..d, nnd 011 othllr ovlclrnc~B n Ind('hl(lclnM' RNHlrrc hy "nlel noncl or Trullt clnllvornd tn you h"rowllh, tORothnr with tho lIold
D""cl or 't'ru"l, nnd to rftconvny, without wnrrnnty, to tho pR..Ut'1I dONlgnntt'cI by tho term. of Ilftld Dnml 01 Tnt"t, nil tho o"ta~ now
Imld hy you thoreunder.
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..".,',..............,......,..,...........,.......,...,...,.,..........,.,.,",.,.....,...............,..".,..,.............
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LOAN DATA
BAAMORT.TBL
TABLE DATA
Table starts at date:
or at payment number: 1
Loan amount: :$42,500.00
Annual interest rate: 0% '
Term in years: 4 ,',;; ,,:
Payments per year: 1 ",:" '"
First payment due: CLOSINGD.A,TE
PERIODIC PAYMENT
Entered payment: [",
Calculated payment: ;~1,(),625.00
CALCULATIONS
Use payment of: ;',,'$10,625.011
1st payment in table: ;1:,' ' "
The table uses the calculated periodic payment amount,
unless you enter a value for "Entered payment."
Beginning balance at payment 1: ;,,' ',,:$42,500.00
Cumulative interest prior to payment 1: b:", : ,'!i ;$0.00
TabJe'<> ":,.!,/ .~',:u'I", -",', I (.y' 'j ."J ~).. ~_: I, ,\/,'," -\-: ,
ATTACHMENT "A"-
PAYMENT
SCHEDULE
Payment Beginning Ending Cumulative
No. Date Balance Interest PrlnclDal Balance Interest
1 #VALUEI 42,500,00 0,00 10,625,00 31,875,00 0,00
2 #VALUEI 31,875,00 0,00 10,625,00 21,250,00 0.00
3 #VALUEI 21,250,00 0,00 10,625,00 10,625,00 0,00
4 #VALUEI 10,625,00 0,00 10,625,00 0,00 0,00
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Department of Public Works
5210 KUHN STREET
PORT TOWNSEND, WASHINGTON 98368
360/385.7212
360/385-7675 FAX
August 9, 1996
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AUG 1 ~ 1996 "-
Lorna Delaney
Clerk, BOCC
Jefferson County Courthouse
P,O, Box 1220
Port Townsend WA 98368
JEFFERSOr~ COU NTY
BOARD OF COMMISS!ONERS
Re: "Back Allev" crocerty Durchase
Dear Ms. Delaney:
At its regular meeting on August 5, 1996, the City Council adopted Resolution No. 96-107
authorizing the purchase from the County of the portions of Lots 6 and 8 in Block 40 of the
Port Townsend Original Townsite commonly referred to as the "Back Alley" property; that
resolution also authorized the City Treasurer to issue the warrants necessary to complete
the transaction. I have enclosed a copy of the resolution.
Suzanne Drum prepared a Promissory Note and Deed of Trust that have been signed by
Mayor McCulloch pursuant to the authorization of the City Council. I have retained the
originals and enclosed copies of these documents.
The agreed purchase price is $42,500, which was the minimum bid amount set by the
Board of County Commissioners had the property gone to public auction. The Promissory
Note is in the amount of $31,875, payable in three equal annual installments beginning in
1997. The agreement between the City and the County calls for a cash payment of $10,625
upon conveyance of the property to the City. A warrant in this amount. as well as the
original Promissory Note and Deed of Trust, will be delivered to the County when the deed
for the property has been signed by the Board of County Commissioners and is ready for
recording.
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Please advise me when the deed has been fully executed and I will have the warrant
issued. I am anticipating that the deed and the deed of trust will be recorded at the time the
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Mayor McCulloch
Robert Wheeler
I\UG 13 '19~:;
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THIRTY-ONE THOUSAND EIGHT HUNDRED SEVENTY
-FIVE AND OO/100THS DOLLARS (531,875)
~w.+ "1, 1"/"11.
Date
Port Townsend, WA
FOR VALUE RECEIVED, the City of Port Townsend, a municipal corporation, ("Borrower"
herein) promises to pay to the order of Jefferson County, a municipal corporation, and the successors
and assigns of such lender ("Lender" herein), the principal sum of thirty-one thousand eight hundred
seventy-five and OO/IOOths dollars ($31,875), Principal shall be payable in lawful money of the Untied
States, at such place as any holder hereDf may designate in writing.
Principal shall be due and payable as follows: in three (3) equal annual payments in the amount of ten
thousand, six hundred and twenty-five and OO/IOOths dollars ($10,625), the first payment will be due
June I, 1997, and subsequent payments shall be made on the same date in the next two succeeding years,
(See Attachment "A" - payment schedule),
Borrower shall have the right, to prepay at any time in advance of maturity, without premium or penalty,
all or any part of the principal amount of this Note.
The obligations of this Note shall be joint and several. Borrower and Borrower's legal representatives,
successors, and assigns, and all endorsers and persons liable or to become liable on this Note, severally
and expressly waive diligence, presentment, demand, protest, notice of any kind whatsoever, and any
exemption under any homestead exemption laws or any other exemption or insolvency laws. Every such
person further hereby consents to any extension of the time of payment hereDf or other modification of
the terms of payment of this Note, the release of all or any part of the security herefor, or the release of
any'party liable for the payment of the debt evidenced hereby at any .time imd from time to time at the
request of anYDne now or hereafter liable therefor. Any such extension or release may be made without
notice to any of such persons and without discharging their liability.
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This Note has been issued pursuant to and is secured by a deed of trust to TRANSAMERICA TITLE
INSURANCE COMPANY, a corporatiDn, datedA~'1.~. Such Deed ofTrus! and any other
security instnuneI',ts evidencing or securing the ~~ss hereunder are hereby made part of this
Note and are deemed incorporated herein in full. Any default which continues beyond any applicable
grace period stated in the Deed of Trust in any condition, covenant, obligation, or agreement contained
in the Deed of Trust or any other security instrument shall constitute a default under this Note and shall
entitle the Lender to accelerate the maturity of the entire indebtedness hereunder and take such other
actions as may be provided for in the Deed of Trust or in this Note.
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ALIENATION: All sums secured hereby can be declared due and payable at the option of the payee
herein on the sale, conveyance or other form of alienation Dfthe property described in the Deed of Trust
which secures this promise.
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If default is made in the payment of principal hereunder when due, or upon maturity hereof, by
acceleration or otherwise, and such default is not cured within five (5) days after receiving written notice
thereof from Lender or the holder hereof, the outstanding principal balance of this Note to the extent
permitted by law, shall become due and payable at once, without notice to Borrower or any other party,
at the election of Lender or the holder of this Note. From and after the date of such default, such
principal shall bear interest at eight and one half percent (8.5 %) per annum or the maximum rate
permitted by law, until paid in full.
In any action or proceeding to recover any sum herein provided for, no defense of adequacy of security
or that resort must first be had to security or to any other person shall be asserted, All of the covenants,
provisions, and conditions herein contained are made on behalf of, and shall apply to and bind the
respective distributees, personal representatives, successors, and assigns of the parties heretD, jointly and
severally. Each and every party signing or endorsing this Note binds himself as principle and not as
surety .
It is the intent of Borrower and Lender to comply at all times with the usury and other applicable United
States federal laws or laws of the State DfWashington (tD the extent not preempted by federal law, if
any) now or hereafter governing the interest payable on this Note or the Deed of Trust, to the extent any
of the same are applicable hereto. If the laws of the State of Washington or the United States are revised,
repealed, or judicially interpreted so as to render usurious any amount called for under this Note or the
Deed of Trust or any other instrument contracted for, charged, taken, reserved or received with respect to
the indebtedness secured or evidenced hereby, or the maturity of this Note is accelerated as herein
provided, or if any prepayment by Borrower results in Borrower's having paid any interest in excess of
that permitted by law, then it is Borrower's and Lender's intent that, notwithstanding any provision to
the contrary contained in this Note or in the Deed of Trust (a) all excess amounts theretofore collected
by Lender be credited to the principal balance of the Note (or, if this Note has been paid in full,
refunded to Borrower), and (b) the provisions of this Note immediately be deemed reformed, and the
amount thereafter collectible hereunder and thereunder reduced, without necessity of the execution of
any new document, so as to comply with the then applicable law.
The nonexercise by hDlder Df any of the holder's rights hereunder in any instance shall not constitute a
waiver thereof in that or any subsequent instance. If this Note is placed in the hands of an attorney for
collection after any default, Borrower promises to pay all costs of collection and a reasonable sum as
attorneys' fees, whether suit is brought or not.
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Time is of the essence of this Note and of the payments and performances hereunder and under the Deed
of Trust and any other Security Instruments in connection herewith.
This Note is to be construed in all respects and enforced according tD the laws of the State of
WashingtDn.
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City of Port Townsend, a municipal corporation
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RESOLUTION NO. 96-~
A RESOLUTION AUTHORIZING TEE PURCHASE FROM JEFFERSON
COUNTY OF CERTAIN PROPERTY WITHIN TEE PORT TOWNSEND
ORIGINAL TOWNSITE AND AUTHORIZING T"dE CITY TREASURER TO
ISSUE wARRANTS FOR TEE PURCHASE OF SUCH PROPERTY
Whereas, . Jefferson County in ~993 identified a number of county-
owned properties as surplus and proposed that they be
sold at public auction; and
Whereas, Several such properties are within the city limits and,
by agreement of the City and county, certain of those
properties have been conveyed to the City for no monetary
consideration, subject to certain terms aBd conditions;
and
Whereas, ~NO tax parcels owned by the county are within the City'S
downtown commercial district, adj acent to other land
owned by the City; and
Whereas, the county wished to be compensated for ~his property in
the amount of the minimum bid that would have been
accepted at public auction; and
Whereas, The City, as a designated Urban Growth Area under the
Growth Management Act (GMA) , is anticipating that future
development inevitably will increase stormwater. runoff
within the City's downtown commercial district; and
Wherea~" There continues to be a need for additional parking to
serve downtown businesses; and
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Whereas, The City Council finds that it is in the best interest of
the City to purchase from the county those portions of
Lots 6 and 8 in Block 40 of the Port Townsend Original
Townsite that adjoin the portions of said lots now owned
by the City; and
Whereas, The county has agreed to sell said property, to the City
for $42,500, which is less than the assessed value; and
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Funds are available for this property purchase in
the city'S Capital Improvement Reserves,
Whereas,
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BE IT RESOLVED BY '!'HE CITY COUNCIL OF '!'HE CI'I'Y OF PORT TOWNSEND
that it authorizes the purchase from the county of the above-
described property for the price of $42,500, with a 25% downpayment
and the balance by way of a promissory note bearing no interest
payable in ~qual annual installments over three years, secured by
a deed of trust, both of which the Mayor is hereby authorized to
sign; and
BE IT FURTHER RESOLVED that the City Treasurer is authorized to
issue the warrants necessary to complete the purchase of the land
in accordance with the foregoing.
Adopted by the City counci~ of the City of port Townsend and signed
by the Mayor this 5th ~ayof August, 1996.
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Mayor Julie McCulloch
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Pamela Kolacy, City clerk
At.tor.r:e~ '
Port Townsend City counci.l
Resolution 96-_____
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2. To pay before dclinqurnt nil lawlul to)(("S and oS!lclI'mcnls upon (ho property; to keep the property rrp.c and clear or nil other
charRes, lif-ns or ..ncumbrances impairinc the security of this Deed of Trust.
3. To kC('1l .011 huildin,;-s now or hc>rl'nCtcr ercctrd on tho property dCflcribcd herein continuously insured oJ:oinst IOlift by fire or other
hozords in an amount not ICR.!' than the totb~ d..:ht secured by this Derd or Trust. All policies shall be held by the Beneficiary, alld
he in ,ueh companies Os the Bcm.ficiory m"y J.Pllrove nnd hove '05S payable lirfit to the Beneficiary, as its interest may appear, and
Uien to (hp Grnntor, The amount cotlC'cted under any insurance policy may be applied upon any indebtedness hpreby secured in such
orciN 89 the Bl'nl'liciory sholl determine. Such opplication by the Dcneficlary sholl not cause discontinuance of any proceedings to
lorccloso lhi:. DCl"d of Trust In the event of loreclosure. all rights of the Grantor in insurance policies then in (orce shall poss to the
purchaser ot the (oreclosure sale.
4, To defend any nction or proceeding purporting to arTecL the security hereof or the rights or powers of Beneficiary or Trustee, and
to pay all costs and expenses. includinn' COfOt of title search and attorney's fees in a reasonable amount. in any such aclion or pro.
ceedin". nnd in any Buit brought by Beneficiary to foreclose this Deed oC Trust .
5. To pay 011 coslA. feea and expenses in connection with this Deed DC Trust. IncludinJ{ lhe expenses or the Trustee incurred in en.
forcing the obligation secured hereby and Trustee's and attorney's Cees actually incurred, 8S provided by statute.
6. Should Grantor rail to pay when due any taxes. assessments, insurance premiums, liens. encumbrances or other ch8r~es a~ainst
the property hPreinabove described. Beneficiary may pay the same. and the amount so paid, with interest at the rale set forth in the
note secured hereby, shall be added to and become a part or the debt secured in this Deed o( Trust,
IT IS MUTUALLY AGREED THAT:
1. In the event any portion oC the property is laken or damaged in an eminent domnin proceeding. the entire amounl of the award
or ftuch portinn 8S may be necessary to (\lily satisCy the oLlieation tlecuted hereby. sl.all be paid to Beneficiary to be applied to said
obli.alion, , ' a. , '~'
2, By JlcC'epting payment oC any 8um secured hor~~ a e d f&. . oliciary doea not waive its right to require prompt pay.
menl when due or all other sums so secured or to deiire~il lliltf to ao pay,
3. The Trustee shall reconvey all or any part oC lhe property covered by thig Deed oC Trust to the person entitled thereto. on wriUen
request or the Grantor and the Beneficiary. or upon satisfaction or the obligalion secured and written request (or reconveyance made
by the Beneficiary or the person entitled thereto,
4, Upon rlernuJt by Grantor in the payment oC any indebtedness secured herehy or in t.he performance or any a~recment contained
hrrrin. nil Rum!'! l'lrcurrrl heTchy !tholl immediately become due and pnyahle at thr. option at the Denrtieiory. Tn ftuch r.vent and upon
wriUf'n rC"qur.!lt or Beneficiary. TruRtee f1hall sell the lrulll properly. in occordon('~ with the Deed oC Trust Act ot the Slate of Wa~h.
ioglon. at public auction to the highest hidder. Any .pcrson except Trustee mny hid at Trustee's sale. Trustee shall apply the proceeds
of the sale as follows: (1) to the expense o( the sole, incJudinR' 8 rcosonal;le Trustee's lee and attorney's lee: (2) to the obligation
secured by this Deed oC Trust; (3) the surplus. if any. shall be distributed to the persons entitled tharet.o,
6. Tnlslee shall deliver to the purchoser ot lhe sole its deed. without warranty. which shall convey to the purchaser the interest in
the property which Grantor had or had the po.wcr (0 convey at the timo of his execution or this Deed of Tnlst. nnd such Oft he may
hove aC(luired thereafter. Trustee's .deed shaH recite tho lncts showing that tho s81e was conducted in compliance with all the re-
quirements or law and' of this Deed oC Trust. which recitul shaH ho primo (ocie evidence oC such compliance and conclusive evidence
thereof in favor oC bona fide purchoser and encumbrancers tor value.
~~~~~rB~~~fi:i:~e~~~'~~~(~ ~~islh~~e~?T~;[~~tb~n~~~J~~~Dac8e~ ~o;tg~:e~ct or the Slale oC Woshington is not an exclusive
7. In lhe event of tho dcalh. incapacity. disobility or resignation of Truslee. Beneficiary may appoint in writing n Successor trustee.
Dnd upon tho recording of such appointment in the mortgage records or the connty in which this Decd or Trust is recorded. the
8UCCCSBor trustec shall be vested with nil powers DC tho original trustee. The truatco is not obligated to notify any party hereto or
~~'i:~:~;~~ea~n~~r oOrn~r~~:ti~:i~ b~o~~tl~: ~~ea~ru~~t~,n or proceeding in which Grantor, Trustee or Beneficiary shall be 8 porty
r~g;:l~~s;>:~to:iJ::~r=.p~~~:u\~'r~ni~r; ~~Si~h':',bc~h~tt~::natJ~~~3~ro~~h"nl~ ~"el:n o:h~hhold~~ti:~dh~~~~'r ~ct th~ ~~~~r 8~~~r:~ddh~i::~;:
whether or not named as Boneficiory herein,
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On thl. day pe...onally app.ared belor. m.
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10 mo known I. be th. Individual d..crlbed In and
who oxecuted tho wiU.ln And foregoing lnotrumont.
nnd acknowledged thot ,...."......... Ilgnedtho Ramo
ft. ........................ rroo and voluntary net nnd dOCKI.
lor tho uaea and purpou. theroln menUonod.
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GIVEN und.r my hand nnd officlnl ..al 1101.
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STATE OF WASHINGTON }
COUNTY OF...:;r~f.f.~,~~.......,........'..f ...
On 1101. ....q,~"......, d.y 01 .~:;,~,.................,....,..,...."....,'"..... 10qk.....,
belor. m., 1100 und....lgncd, . Notary Public In and {or 110. Slal. 01 Wosh.
Ington duly. comml..lo~ and sworn. pcroonally appa.r.d".."....,...."...............
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to mo known 10 be Iho..(,:!!~:yQf.:... ,..~.!:!l!...l ,...A...:....n..........'......~~, . .
H;~P:~~:~lr~~.~'~.~ti~:.t;rh';!;,~;~.?i?;~~;:;;;:..~;;d'.~~kn.~';:,'j;;dii;;;i
the ealt! Instrumont 10 00 lho (roo nnd valuntnry net .Inti deed or laid carpor-
aUol" Cor tho ua nd pUrpoltoa thoreln montloned. nnd on onth .tnted thnt
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WJtnona IY p I d officlol aeal horeto affixed tho dny rind year nut
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REQUEST FOR FULL RECONVEYANCE
Do nol "cord, To b. "led onl,V ",'..n nol. hcu betn paid.
TO: "RURTEE. 11 II 1111 nil 'r IIsI S.hl
nole 'fl;;i:;:\',~ ~ ro~m:l~ I:s oll;,~: 'r.~\ IItlr:;, ~l'~.nl~el~~~~~{ I~~ ~~1oi"~~e~t~1 '\1!r~.~';~II~~II~~I~tWi; i'~'i~\r~:\~;~r~:f~;:\;D ~r~l~i.f~l;:i ~~':~r':ve~
qUr."'l(!11 '0\"1 cIlJoC:i"'t," "a~li't'nt to riU lutr.,nrn:~~"':o~1~ri~! t~~ ~~I:I'~~:(~ ~;ci~~~Bd~fl:~~~J~~O~O\J horClwith. tngoU,er with the laid
Vl~~c\I~?"Tr~I~. :nd 110 .~;c:~~:~:c~itt~ou~ll~nrr~ntyl to the partida dellsnntnd by lhe lerm. of 1"ld Dord of 1'ruat. nil the e,lale now
h.leI hy you Ihoreundor, ,
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Transam.erlca
TIUo InBuronc. Company
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! THIS SPACE PROVIDED FOR RECORDER'S USE: i
2201 WMhlnglon 8'- . p.o. ao. 251, PI. TownHnd, WA ,&:In
FILEO FOR RECORD.'l'REQUEST OF '
JEFFERSON COUNTY BOARD OF COMMISSIONERS (BOCC)'
WHEN RECDRDED RETURN TO
N.m.,....,..J.effe.rsan..Caunt.y....BOCC...,........:,..............,...........................,........
Add,.....1?,.O...,Bax..1.220"..18.20...Wash..ing,tan..StIe€\I:......................,...
Cltv. Sta'., zlp..,...Eor,I:."Tol<lIlsend....W1'.....,9.B 3.6,8,..,..,.... ..,......',..,..........,'....,.....
D~dq~y;
(For Use in the State 0' Washington Only)
THIS DEED OF TRUST. made thiS...q:g!....... day ol..hltj,~+..,..,...',....,....~............. 191.k>....... bctween
City, ,of, "por,l:",TOWl'lsenGl...,a"Washingoon,. munic.ipal,.corporation, .""" '...'.',.." .... .."",... GRANTOR,
whose address is,..,,540-, Wate.r. , ,streetT , ,p=t..~ownsend ", ,WA ..983.6,8"., ""....""", "" "..'" "..,,'.', ""... ,..'", "'.
JEFFERSON TITLE COMPANY, INC., a corporation, TRUSTEE, whose address is 2205
Washington Street, P.O. Box 256, Port Townsend, Wll.8hington, and ................................
Jefferson County ;"a"pol i,ti-cal..-subd,ivi,s iOFl .of..,Washing,t.on...., ......' ,..,...."...,,'. BENEFICIARY.
whose add ress is.. ,!;"Q".. lli?~. ),~~.9,r..),~.?,9,..~!'!.t~.~E!'!!?!,l;, ,?~,E!:~.(,..p.?~~.. ~,?~~~,~~!,' ,~,~.:?~,~,~,~ ,...... ,..", '.
WITNESSETH: Grantor hereby bargains. sells and conveys to Trustee in Trust, with power of sale, the
[ollowing described real property in ......' ..Je.f,LEl};SOn,..,............,......,.. ...........,......,'.... County, Washington:
. .<,' .'....a
The North 100 feet of Let B and th~ West 25' :.fe;;\:;':i:,~.;.'t.n~~,~ort.h
100 feet of Lot 6 in Block 40, Original To~\(te' of"'pciirt"T0wnsend,
as per plat recorded in Volume 1 of Plat~',' page, 1,; I reCer?S 'of
Jefferson County, washington; EXCEPTING;'JlHEREFROM the N~t;.,therly 12
feet of said"proPer~y. '~ :,:, " " , ," ." :,
1~;( ',{ 1" ,"' ,.:J,.,. '!ii' ',' ,,', , , ..,,',:
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Payment information - see promi,ssary Note' (attached) 'cu;u:1::,~ttac~.t::;,II1\' - Payment
schedu~e ", :<:::,'::: \ ' '
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which real property is not used principally lor agricultural or larming purposes, Ulgother with all the tAln.
cment.q. hcredltnments, and appurtcnances now or horeaner thereunto belonging or in any WiDO lipper-
taining, IInd tho rents. issues and p'rotlw therool.
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This deecl is lor the purpose 01 Becurlni performance 01 each allrooment of llranUlr horoln contained. and
payment of the sum el.Tl1j.!:l;Y.':".ona...l:.llQll:liJXv;l..l'I1<;l1~1;..l1hmc;lh~g...~~){!;!.':\~.Y.:-:~J."1:Jollars ($}.~.!.~~2.:,~,~,..)
with interest, in accordance with the terms 01 a promissory noto 01 even date herewith, payable Ul Bene.
ficillry or order. nnd made by Grantor. and all renewals, modifications nnd extensions thereof and also
such lurther slims 011 may be advanced or loaned by Beneficiary to Grantor, or any 01 their su~ce9Sors or
a.signs, together with intercstthereon at such rato as shall be agreed upon.
To pro teet the security 01 this Deed 01 TruDt, Grantor covenants and'agrCtl9:
1. To keep the property in cood conditien and repair; to pennlt no waste thereof; to complete any
huilding, stnlcture or improvement being huilt or IIbout to he built thereonj to restore promptly any
huilding, slnlcture or improvement thereon which may be damaged or destroyed' and te comply with
011 lawn. ordinances, regulations, covenanUl. conditions and restrictions affecting 'the property,
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Initial Data " ' , ," ' I .. " " '
Loan amount
Annual interest rate:
Term in years:
Payments per year. 1
First payment due: "
PERIODIC PAYMENT
Entered payment _~:Z:;:;:-..:g-::t.~:-:;
Calculated payment 3T~!~!iI625:~.i
CALCULATIONS
Use payment ot.~~_$1!1,6~,OI!-
1st payment In table: '~~~ii:1;~i.::;=ff~~l
TABLE DATA
or ~a:~~~~;: n~~:~~ i;t~,"~l~~:'
LOAN DATA
The table uses the calculated periodic payment amount,
unless you anter a value for "Entered payment"
Beginning balance at payment 1: :,:::'=$4~500;OO'
Cumulative interest prior to payment 1: r~\;;;;;;~~:o'o-
Table ,,.' ",,: "" " .'''' '\ ',.' ";"
Payment I Beginning EndIng Cumulative
No. Date Balance Interest PrlnclDal Balance Interest
1 7/1/96 42,500,00 0,00 10,625.00 31,875,00 0,00
2 7/1/97 31,875,00 0,00 10,625.00 21,250,00 0,00
3 7/1/98 21,250,00 0,00 10,625,00 10.625.00 0,00
4 7/1/99 10,625.00 0.00 10,625,00 0.00 0.00
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Issm:o By
TRANSNATION TITLE INSURANCE COMPANY
COMMITMENT FOR
TITLE INSURANCE
Transnation
CITY OF PORT TOWNSEND
ATTN: DOUG MASON
BUILDING AND PLANNING
CITY HALL
PORT TOWNR~Nn, W~ QR~hR
Transnation Title Insurance Company, an Arizona Corporation, herein called the Company, for a
valuable consideratiDn, hereby commits to issue its policy Dr policies of title insurance, as identified in
Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate
Dr interest covered hereby in the land described or referred to in Schedule A, upon payment of the
premiums and charges therefor; all subject to the exceptions and conditions and stipulatiDns shown
herein, the ExclusiDns from Coverage, the Schedule B exceptions, and the conditions and stipulations
of the policy or policies requested, (See reverse side of this cover and inside of back cover for printed
Exclusions from CDverage and Schedule B exceptions contained in varlous pDlicy forms,)
This Commitment shall be effective only when the identity of the proposed Insured and the amount
of the policy or pOlicies committed fDr have been inserted in Schedule A hereof by the CDmpany,
either at the time of the issuance of this Commitment or by subsequent endorsements and is
subject to the Conditions and StipulatiDns on the back of this cover.
This Commitment is preliminary to the Issuance of such policy or policies of title insurance and all
liability and obligations hereunder shall cease and terminate six months after the effective date
hereof or when the pOlicy or policies committed for shall Issue, whichever first occurs, provided
that the failure to issue such policy or pOlicies is not the fault of the Company,
IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its cDrporate
name and seal to be hereunto affixed by its duly authorized officers on the date shown In Schadule A.
NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE
WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM
(OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED
PROMPTLY UPON REQUEST.
l'RANSNATION TITLE INSIJRANCE COMPANY
ny: W~~id'nl
^"..\:tl~ J N r:,!:
Commltmont . WA
Covor
Form 1004-250 (3.93)
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JEFFERSON TITLE COMPANY, INC.
2205 WASHINGTON STREET
P.O, Box 256
PORT TOWNSEND, WASHINGT
Prepared for:
CITY OF PORT TOWNSEND
ATTN: DOUG MASON
BUILDING AND PLANNING
CITY HALL
PORT TOWNSEND, WA 98368
RE: Seller : JEFFERSON COUNTY Order No,: 47866-RB
Buyer/Borrower: CITY OF PORT TOWNSEND Customer Ref:
SCHEDULE A
EFFECTIVE DATE: August 14, 1996, at 8:00 A.M.
1.
Policy or policies to be issued:
Amount
ALTA OWner's Policy
Standard Policy
Proposed Insured:
CITY OF PORT TOWNSEND
$42,500.00
Premium
Tax
$335.00
26,47
Total
$3G1.47
2. Title to fee simple estate or interest in said land is at the effective
date hereof vested in:
COUNTY OF JEFFERSON, a Municipal Corporation
3.
The land referred to in this commitment is described as follows:
~
The North 100 feet of Lot 8 and the West 25 feet of the North 100 feet
of Lot 6, all i.n Block 40, Original Townsite to the City of Port
Townsend, as per plat recorded in Volume 1 of Plats, page 1, records of
Jefferson County, Washington.
EXCEPTING THEREFROM the Northerly 12 feet of each thereof;
Situate in the County of Jefferson, State of Washington.
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Order No. 47866-RB
SCHEDULE B
REQUIREMENTS, Instruments necessary to create the estate or interest to be
insured must be properly executed, delivered and duly filed for record,
EXCEPTIONS, Schedule B of the policy or policies to be issued will contain
exceptions to the following matters unless the same are disposed of to the
satisfaction of the Company,
A. Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon
covered by this Commitment,
B. Standard exceptions set forth in inside of back cover.
C, Special exceptions:
1. GENERAL TAXES AND POTENTIAL SUPPLEMENTAL ASSESSMENTS, including other
amounts due thereunder, which results from any change in tax exempt
status. The land is currently carried on the tax rolls as exempt from
taxes, On the date of a conveyance or change in use which removes it
from exempt statl1s, the land will become subject to general property
taxes fx'om that date forward.
In addition, supplemental assessments for general property taxes for
prior years may also be levied against the land. For further
information regarding the above, contact the County Comptroller.
Tax Account No. :
989 704 015 and 989 704 010
END OF EXCEPTIONS
Investigation should be made to determine if there are any service, installation,
maintenance or construction charges for sewer, water, or electricity.
In the event this transaction fails to close, a cancellation fee will be charged
for servi.ces rendered in accordance with our rate schedule,
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Enclosure: sketch
cc:
Jefferson County Prosecuting Attorney/Paul McIllrath
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JEFFERSON TITLE COMPANY, INC.
2205 WASHINGTON STREET
P , 0 . Box 256
PORT TOWNSEND, WASHING
Prepared for:
CITY OF PORT TOWNSEND
ATTN: DOUG MASON
BUILDING AND PLANNING
CITY HALL
PORT TOWNSEND, WA 98368
RE: Seller :
Buyer/Borrower:
JEFFERSON COUNTY Order No.: 47866-RB
CITY OF PORT TOWNSEND Customer Ref:
SCHEDULE A
EFFECTIVE DATE: August 14, 1996, at 8:00 A,M.
1.
poli '~ nr policies to be issued:
Amount
ALTA Owner's Policy
Standard policy
Proposed Insured:
CITY OF PORT TOWNSEND
$42,500.00
Premium
Tax
$335.00
26.47
Total
$361.47
2. Title to fee simple estate or interest in said land is at the effective
date hereof vested in:
COUNTY OF JEFFERSON, a Municipal Corporation
3.
The land referred to in this commitment is described as follows:
~
The North 100 feet of Lot 8 in Block 40, Original Townsite to the City
of Port Townsend, as per pI t recorded in Volume 1 of Plats, page 1,
records of Jefferson County Washington.
Jefferson, State of Washington.
EXCEPTING THEREFROM
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Page 2,
Order No. 47866-RB
SCHEDULE B
REQUIREMENTS. Instruments necessary to create the estate or interest to be
insured must be properly executed, delivered and duly filed for record,
EXCEPTIONS. Schedule B of the policy or policies to be issued will contain
exceptions to the following mattero unless the same are disposed of to the
satisfaction of the Company,
A, Def~cts" liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon
covered by this Commitment.
B. Standard exceptions set forth in inside of back cover,
C. Special exceptions:
1. GENERAL TAXES AND POTENTIAL SUPPLEMENTAL ASSESSMENTS, including other
amounts due thereunder, which resul ts from any change in tax exempt
status. The land is currently carried on the tax rolls as exempt from
taxes. On the date of a conveyance or change in use which removes it
from exempt status, the land will become subject to general property
taxes from that date forward.
In addition, supplemental assessments for general property taxes for
prior years may also be levied against the land. For further
information regarding the above, contact the County Comptroller.
,
Tax Account No.: G\CZ,\,04 OIO.c;989 704 015
END OF E1CCEPTIONS
Investigation should be made to determine if there are any service, installation,
maintenance or construction charges for sewer, water, or electricity,
In the event this transaction fails to close, a cancellation fee will be charged
for serviccs rendered in accordance with our rate schedule,
RL/sn
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Enclosure: sketch
cc: Jefferson County Prosecuting Attorney/Paul McIllrath
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JEFFERSON TITLE COMPANY
2205
.931>Washmston 51., p,O Box 256, Pan TONnseno, WA, (206) 385'2000
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TOWNSE.ND BLOCK 40
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tIN =- I ^^ r:.'T 'd 'thout charge, tDr your
. T~iY~e'C"' is prDvlde, ' W~ed to ShDW all mallers
inlormatiDn, It Is nDt Int.e~ILlding but mlt limited
relaled to tho ptoporty I~ 'nlr.nte' roncroachmonls,
to, area,' dim(~n$lont.;, ~Ja,,", 'it:: "r;ot' Zl port 01, nor
or loci.lIIOn ,:' llounda"cr.'i\~'r.~\ or poliCY In which
docs it modify, 1110 cnmm . assumo< NO LIABILI'T
it lti att:.chOd, Tho CDmpanx: SkctCh~ RelorfJnCo
tor nny rn,JltO! relato? to d~:;~to survr.y tor lurlho!
should be macln 10 itn a
inlurmation,
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! " AUG 2 0 1996
MEMORANDUM
DATE:
August 19, J996
TO:
PAUL E. McILRATH, Chief Deputy Prosecuting Attorney
KLARA FABRY, Public Works Director ILfT-f-'
FROM:
SUBJECT:
Land Sale from County to City of Port Townsend
Lot 6 and Lot 8 Block 40, Original Townsite to Port Townsend
As per Plat recorded in Volume 1 of Plats, page I,
Records of Jefferson County, WashingtDn
We are presently processing for closure the above referenced transaction of Block 40. Original
Townsite to Port Townsend, Enclosed for your review are the following documents:
A copy of the signed Deed of Trust
A CDPy ofthe signed Promissory Note with payment schedule
A Statutory Warranty Deed to be executed by BOCC
A Real Estate Excise Tax Affidavit to be executed by the BOCC.
Respective Title Reports
Please review these documents at your earliest convenience as we are attempting to place this
matter on the consent agenda for the week of August 26, 1996 with your concurrence. Please
approve as to form. Should you have any questions or suggestiDns please do not hesitate to contact
Will Bntterfield at Public Works 385-9350, Your prompt attentiDn is greatly appreciated.
THANK YOU.
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form only:
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FILEP FOR RECORD"'T REQUEST OF '
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Transamerica
Title Insurance Company
JEFFERSON COUNTY BOARD OF COMMISSIONERS (BOCC)
WHEN RECORDED RETURN TO
N.m.,.."..,J.e.fferson..Count.y.,..BOCC..........,.."....",.."...,....,.."....""......,....',....,
.....,..."P,.Q ...,Bclx."1.22!l4..'~a2.0...Wa.shirlgton..St.reet.,..,,..,..,..............
Ci'.. 5"'0, zip,....EQr,t...~o,wns.end.,..IllA."..,9,836,8...........,....,...,..m..,',..,',...,....'..
Deed of Trust
(For Use in the State oJ' Washington Only)
THIS DEED OF TRUST. made this..,q~...... day oL~,~+",....,......,',............,. 19ik....,. bctween
City,' of ,Port, ,TOWI'IsenG ,..,a" Washingoon..lTll.lnicipal..corporation..,..., ......,...,....'.., ,.." '. GRANTOR.
whose address is" ,..540" ,Water., .street~..P=t..Townsend "..WA, ,983,6,8..., .. ....,..', .." ....".. ..,......
JEFFERSON TITLE COMPANY, INC., a corporation, TRUSTEE, whose address is 2205
Washington Street, P.O. Box 256, Port Townsend, Washington, and ................................
Jefferson County ,a"poli,ti-cal..-subcU",isioFl ,of,..Washington..,.. "',..,.."..,.., BENEFICIARY,
whose address is.. 1,",,9... 1?9l{"P:?Q"..J~.?,Q..,.;r~,;K,~F.'!'?!.1..,?~~,~~,~..,p.'?~,t.. 'l''?''':l~:=,~d. ,~.v.;'l\,:?~~,6,8, ,..
WITNESSETH: Grantor hereby bargainH, sells and conveys to Trustee in Trust, with power of sale, the
following descrihed real property in ......' "Jef,fal;son""",..........,.... .., ,....,...... ..",'...., County, Washington:
Tile North 100 feet of Lot 8 and the West 25 t:eet, of' the:,'Morth
100 feet of Lot 6 in Block 40, Original Towns'fte of PGlrt'Townsend,
as per plat recorded in Volume 1 of Plats, page l;'records C?f
Jefferson County, washington; EXCEPTING. THEREFROM the No~ttJerly 12
feet of said property. :
Payment information - see Promissary Note (attached) an,d' AttactimelJ,t' ,"A" - Payment
schedule
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which real property is not used principally lor agricultural or lanning purposes, together with all thc wn-
emcnUl, hereditamenta, and appurtenances now or heroafl.cr th6reunto belonging or in any wise apper-
taining, and tho rents, issues and p'rofits thereol,
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This deed is for the purpoae of lI6Curinl' performance of each al'reement of I'rantor horein contained, and
payment of the sum ol,l'l:lil:j;y.':'.one...tI:lOUSiJ.U,1..h',l.9J:I~..lJ),ll.\\lh~~,..I!!~X~,r:\~y.::.u.\goUora ($},~!.~~2,~0,~,..)
with inl.crest, in accordance with the tenna of a promissory note of even date herewith. payable to Bene.
ficiary or order, and made by Grantor, and all renewals. modifications and elCtensions thereof. and aLia
such further bums 08 may be advanced or loaned by Beneficiary to Grantor, or any of their SUCCOBSOrn or
8Asigns. together with interest thereon at such rate as shall be agreed upon.
To protect the aecurity of thia Deed 01 TNlIt, Grantor covenants and agrees:
I, T" lcl:(:p the property in good condition and repair: to pennit no WllIlte thereof: to complete any
~,uollhng, structure or improvement being built or about to be built thereon: to restore promptly any
~."ol..hr'll. Itructure or improvement thereon which may be damaged or deHtroyed; and to comply with
all 10"'). r'rd~81M6'eguI8tionR. covcnanta, conditions and restrictions affecting the property.
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~ . 2. To pay lx>rore dclinqurnt 011 lawful taxrs and nssessments upon the nrnpC'rty; to keep the property free and clear of all other
charges, lipns or pncumbrspccs impairinJ: the security of this Deed of Trust.
3. To keep all buildin,:;s now or h(>rrACt('f er('ctrd on the property dc~ribed herein continuously insured a~ain5t loAA by fire Of otht>r
hazards in an amount not 1("~f; than the toib: d~ht securc-cJ by this Dp.(>d of Trust All policit."S shall be held by the Beneficiary, and
be in 'iuch companies as the Bcn(Oficiary may .lJlprove and have los.<; payable fin;t to the Beneficiary, as its interest may apJl~aT, and
then to thr Grnntor. The amount collf"cted under any insurance policy may be applied upon any indebtedness h,.reby securpd in such
orrll"T as the Bt.>nl'ficiary shaH determine. Such application by the BeneficIary shaJJ not cause discontinuance of any proceedings to
fcredosr. thi!l Deed of Trust. In the event of foreclosure. all rights of the Grantor in insurance policies then in (oree shall pass to the
purchaser at the foreclosure sale.
4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and
to pay all costs and expf>nses. includint; cost of title scarch and attorney's fees in a reasonable amount. in any such action or pro.
ceedins::, and in any suit brought by Beneficiary to foreclose this Deed of Trust.
5. To pay all costR. fees and expenses in connection with this Deed of Trust, includinJ: the expenses of the Trustee incurred in en.
forcing the obligation secured hereby and Trustee"s and attorney's fees actually incurred. 8S provided by statute.
6. Should Grantor fail to pay when due any taxes. assessments. insurance premiums. liens, encumbrances or other charJ:cs at;ainst
the property hpreinabove d("scribed. Beneficiary may pay the same, nnd the amount so paid. with interest at the rate set forth in the
note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust.
IT IS MUTUALLY AGREED THAT:
1. In the event any portion of the property is take.n or damaged in an eminen. domain proceeding. the entire amount of the award
or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said
obligation.
2. By accepting payment of any Bum secured hereby after its due date. Beneficiary does not waive ita right to require prompt pay.
ment when due of all other sums 80 secured or to declare default for failure to 80 pay.
3. The Trostee shan reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written
request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made
by the Beneficiary or the person entitled thereto,
4. Upon drfault by Grantor in the payment of any indebtedness secured herehy or in the performance of any a~rpcment contained
hC'rrin. 011 sum~ RC'currrl herehy Aha 11 immrdintely become due and payahlt' at the option of the Benrficiary. Tn !luch event and unon
wriHrn rrqurRt of Beneficiary, Tru!'fee shall Bell the trust property, in nccordan('p with the Deed oC TruAt Act or the State oC Wa.'1h-
ionton, at public auction to the highest hidder. Any person except Trustcl' may hid at Trustee's sale, Trustee shall apply the proceeds
of the sale as follows: (1) to the expense oC the sale, including a re8sonable Trustee's fee and attorney's fee; (2) to the obligation
secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto.
5. Trustee shall deliver to the purchaser at the sale its deed. without warranty. which shall convey to the purchaser the interest in
the property which Grantor had or had the power to convey at the time of his execution of this Deed of Tnlst, and surh a~ he may
have aC(luired thereafter. Trustee's deed shall recite the fncts showing that the sale was conducted in compliance with all the re.
quirements of law and or this Deed of Trust. which recital shall he prima facie evidence of such compliance and conclusive evidence
thereof in favor of bona tide purchaser and encumbrancers for value.
6. The power of ssle conCerred by this Deed of Trust and by the Deed of Trust Act of the Sta~ of Washington is not an exclusive
remedy; Beneficiary may cause this Deed of Trost to be foreclosed as a mortgage,
7, In the event of the death, incapacity. disability or resignation of Trustee, Beneficiary may appoint ~n writing a successor trustee.
and upon the recording of such appointment in the mortgage records oC the count;).' in which this Dl'ed of Trost is recorded, the
Bucce.S8or trustee shall be vested with nil powers of the original trustee, The trustee is not obligated to notify any party hereto of
pending sale under any other Deed of Trust or of any action or pror.eeding in which Grantor, Trustee or Beneficiary shall be a party
unless such action or proceedin<< i. brought by the Trustee.
8. This Dred of Trust applies to. inures to the benefit of, and is binding not only on the panics hereto. but on their heirs, devisf'CS,
Jcgatres. administrators, exeeutoro and a88igns. The term Beneficiary shall mean the holder and owner oC the note secured hereby,
whether or not named 88 Beneficiary herein.
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On thi. day JMlnIOnally appeared berora me
STATE OF WASHINGTON }
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COUNTY OF...~..ffi............................,...'f
On this ...9.............. day 01 ~rs:..............,....,...........,......,....... 19qt.?"...
be/ore me. the undersigned. a Notary Public in and lor the Slata 01 W...h-
Ington duly. commiulo~ and Iworn. peroonaUy .ppeared.......,.........,....,..,......
.....t.~!~...t:I.~.GI&!.I.!!!......,.....=....,............................,.............................'......
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to mo known to be thO.~!r~,.."I2,~~..t A..d:,:....n........"....,..~ . ..
r~ ol..,':f:!:y"......,.'..7:.,.~,f...r.,9.,.. .."...~,~~,......,""""""""',..,.."..,
:~: .~lI.:tt~~:~~~oer,:;c;t*:~r~~oD~dr::I~~~a~~~~':'::~~td~d o~c;.~cl~~~
.Uol" for the u nd pUrpOlC8 therein mentioned, and on oath .tatcd that
...:SM....l~...... .. D thorized to ftxecute the Mid IMtrument ..... ..h., tlU! ~..~
to mo known to be the individual described in .nd
who executed tho within and foreGoing Instrumont.
and acknowledged that ....,........,.. .Igned tho aamo
011 ........................ tree and voluntary oct nnd dred,
lor tho U.("II and purpoIH. therein mentioned,
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GIVEN undor my h.nd and official lIeal thl.
..,..""",day 01,............,.."..,.................,..,.........,. 10.........
d official .001 horoto am.ed the day alld year fint
........N~j;;';.y..P~bi'i;;'j';;.'~.;;;n~~..th'~'.sj;;t;;.~r.w;;,~h:
Ington, r""lding 111."..............""............,...............
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..,...................... No' Public In nd oalie S 0/ W..hln<<ton.
,olldlng at..p.;r.J.,~~~....,.."..,....,..,.........,",....,.
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REQUEST FOR FULL RFCONVEY ANCE
Do no/ r~cord. To b~ u,ed DlIl,y wh." not. IIlu been paid,
,--)
TO: T~R\~~~I~~ad I. tho I'Ral own.r nnd hold.r 01 tho nolo and all olher ind.hl.dno.. ....ured hy lh. within Deed 01 Tru.t, Said
not. tOR.lhe, with nil oth.r In"..ht.dm'.. ,,'cured hy Inld Do.d 01 Trull, ha. ""rn lully "nld _n,ndl.~li.fi:d: and Y'lU ".'. h,;r.br,:o'
ur"il'd ~nd dirflctrd on pB)'rn("nt to you of nnr, lumlt owinR to you undr.r the trnnll or .nld Dt"L'U 0 rUlI. to C4IInr.' lUlU no t' u v,.
~f'ntlon"d. nnd all o'ther l'vld.'J\I~"" ur ind,.hl~1 "HI Ir.curcd hy ..Id DI -'adol Tby"'t"hl d,(t~lvtlredf to jtdo'D~;Je:;I*~rO~t~h':l~~l~~ :I~
Drrd of Trult, and to r"cnnvey, without warranty, to the portle. dH anat II ",rm_ 0 all .
held by you thereundor,
Dated, '.. ,.."....., ...... '.........., ,................,.... '. t 9,.. ...,..,..
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PROMISSORY NOTE
THIRTY-ONE THOUSAND EIGHT HUNDRED SEVENTY
-FIVE AND OO/100THS DOLLARS ($31,875)
~",,~f ~ I I "f~t-
Date
Port Townsend, W A
FOR VALUE RECEIVED, the City of Port Townsend, a municipal corporation, ("Borrower"
herein) promises to pay to the order of .Jefferson County, a municipal corporation, and the successors
and assigns of such lender ("Lender" herein), the principal sum of thirty-one thousand eight hundred
seventy-five and 00/1 OOths dollars ($31,875). Principal shall be payable in lawful money of the Untied
States, at such place as any holder hereof may designate in writing,
Principal shall be due and payable as follows: in three (3) equal annual payments in the amount of ten
thousand, six hundred and twenty-five and 00/1 OOths dollars ($10,625), the first payment will be due
June 1, 1997, and subsequent payments shall be made on the same date in the next two succeeding years,
(See Attachment "A" - payment schedule),
Borrower shall have the right, to prepay at any time in advance of maturity, without premium or penalty,
all or any part of the principal amount of this Note.
The obligations of this Note shall be joint and several. Borrower and Borrower's legal representatives,
successors, and assigns, and all endorsers and persons liable or to become liable on this Note, severally
and expressly waive diligence, presentment, demand, protest, notice of any kind whatsoever, and any
exemption under any homestead exemption laws or any other exemption or insolvency laws. Every such
person nlrther hereby consents to any extension of the time of payment hereofor other modification of
the temls of payment of this Note, the release of all or any part of the security here for, or the release of
any party liable for the payment of the debt evidenced hereby at any time and from time to time at the
request of anyone now or hereafter liable therefor. Any such extension or release may be made without
notice to any of such persons and without discharging their liability.
({:
This Note has been issued pursuant to and is secured by a deed of trust to TRANSAMERICA TITLE
INSURANCE COMPANY, a corporation, datedA~if, ''*'t. Such Deed of Trust and any other
security instrumcnts evidencing or securing thc indc tedness hereunder are hereby made part of this
Note and are dcemed incorporated hercin in full. Any dcfault which continucs beyond any applicable
grace period stated in thc Deed of Trust in any condition. covenant, obligation, or agrcement containcd
in thc Dced of Trust or any other sccurity instrument shall constitute a dcfault under this Note and shnll
entitlc the Lendcr to acceleratc thc maturity of the entire indcbtedness hereunder and take such other
actions as may bc providcd for in thc Deed of Trust or in this Notc.
r
ALIENATION: All sums sccurcd hercby can bc dcclarcd duc and payablc at thc option of the paycc
herein on thc salc, conveyancc or othcr form of alicnation of thc propcrty described in thc Dced of Trust
which sccures this promise.
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If default is made in the payment of principal hereunder when due, or upon maturity hereof, by
acceleration or otherwise, and such default is not cured within five (5) days after receiving WTitten notice
thereof from Lender or the holder hereof, the outstanding principal balance of this Note to the extent
permitted by law, shall become due and payable at once, without notice to Borrower or any other party,
at the election of Lender or the holder of this Note, From and after the date of such default, such
principal shall bear interest at eight and one half percent (8.5 %) per annum or the maximum rate
permitted by law, until paid in fulL
In any action or proceeding to recover any sum herein provided for, no defense of adequacy of security
or that resort must first be had to security or to any other person shall be asserted. All of the covenants,
provisions, and conditions herein contained are made on behalf of, and shall apply to and bind the
respective distributees, personal representatives, successors, and assigns of the parties hereto, jointly and
severally, Each and every party signing or endorsing this Note binds himself as principle and not as
surety,
It is the intent of Borrower and Lender to comply at all times with the usury and other applicable United
States federal laws or laws of the State of Washington (to the extent not preempted by federal law, if
any) now or hereafter governing the interest payable on this Note or the Deed of Trust, to the extent any
of the same are applicable hereto. If the laws of the State of Washington or the United States are revised,
repealed, or judicially interpreted so as to render usurious any amount called for under this Note or the
Deed of Trust or any other instrument contracted for, charged, taken, reserved or received with respect to
the indebtedness secured or evidcnced hereby, or the maturity of this Note is accelerated as herein
provided. or if any prepayment by Borrower results in Borrower's having paid any interest in excess of
that permitted by law, then it is Horrower's and Lender's intent that, notwithstanding any provision to
the contrary contained in this Note or in the Deed of Trust (a) all excess amounts theretofore collected
by Lender bc credited to the principal balance of the Note (or, if this Note has been paid in full,
refunded to Borrower), and (b) the provisions of this Note immediately be deemed reformed, and the
amount thereafter collectible hereunder and thereunder reduced. without necessity of the execution of
any new document, so as to comply with the then applicable law.
The Ilonexercise by holder of any of the holder's rights hereunder in any instance shall not constitute a
waiver thereof in that or any subsequent instance. If this Note is placed in the hands of an attorney for
collection after any default, Borrower promises to pay all costs of collection and a reasonable sum as
attorneys' fees, whether suit is brought or not.
12'
Time is of the essence of this Note and of the payments and performances hercunder and under the Deed
of Trust and any other Security Instruments in connection herewith.
This Note is to be construed in all respects and enforced according to the laws of the Stnte of
Wnshington.
f;'
City of Port Townsend. lImunicipnl corporation
By: (]!LC,,'))} (;"f:./"~JL.
Its: '/ /,' /'''71.'1
".....
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LOAN DATA
1/7/fK!.IIM6N7 N A"
BMMORT.TBL
TABLE DATA
Table starts at date:
or at payment number.
Loan amount:
Annual interest rate:
Term In yea rs:
Payments per year.
First payment due:
PERIODIC PAYMENT
Entered payment: 'O','"
Calculated payment: ,.' :~~O~&2!j~OO
CALCULATIONS
Use paY,ment ot.',,:2~'~tll;1l2S;90:
1st payment in table: ,~;,:;;;2, ,:E;;,t:"i
The table uses the calculated periodic payment amount,
unless you enter a value for "Entered payment."
Beginning balanca at payment 1: "$3rS7S:00
Cumulative interest prior to payment 1:" :.'! ','k,!,,~()!OO
Table /:.'" " " \ ; ",', . '" ' ",'
ATTACHMENT "A"-
PAYMENT
SCHEDULE
Payment Beginning Ending Cumulative
No. Date Balance Interest Principal Balance Interest
1 6/1/97 31,875.00 0,00 10,625,00 21,250,00 0,00
2 6/1/98 21,250,00 0,00 10,625,00 10,625,00 0,00
3 6/1/99 10,625,00 0,00 10,625,00 0,00 0,00
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559 ~".r b92
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FILED FOR RECORD AT REQUEST OF
Jefferson County Department of Public Works
E:EA RECOROE.D IN loer?
THIS SPAfO!:ROVIDED ~SE
OF O'FFICIAL RECORDS
~E~~~
96SEP'~ z: T: ~
DONNA t1, ELDRIDGE
JEFFEIlSON....COUNi Y AUDliOIl
IYW"YI. \Q!>\1.Lb.EI'UiY
394444
WHEN RECORDED RETURN TO
Public Works Depa ent
Address P.O x 2070
1 322 W mgton Street
Po ownsend, WA 98368
-=====================================================
STATUTORY WARRANTY DEED
IN THE MATTER OF JEFFERSON COUNTY Land Sale to City of Port Townsend:
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, Jefferson County, a political subdivision of
Washington, for and in consideration of TEN DOLLARS and other valuable cDnsideration, cDnveys and
warrants to The City of Port Townsend, a Washington Municipal Corporation, the following described
real estate, situated in the County of Jefferson, State of Washington:
The North 100 feet of Lot 8 and the West 25 feet of the North 100 feet of Lot 6, all in Block 40,
Original Townsite to the City of Port Townsend, as per plat recorded in Volume 1 of Plats, page 1,
records of Jefferson County, Washington., EXCEPTING therefrom the northerly 12 feet of each
thereof;
The land being conveyed herein contains an area, less existing right of way, of .162 acres more
or less.
Dated this
~~,..~
day of
STATE OF WASHINGTON
ss
COUNTY OF JEFFERSON
tv.
On this day personally appeared before me Rl(lJAR.D Iho;t 1<nbeRt JI,'IIlIn"'1 tJ/et1 1I~~fg~
known to be the Indlvlduol(s) described In and WhD executed the within and foregoing Instrumen , and
acknowlodgod that "1'l......1 ' signed the same os ~ froe ond voluntary act and doed, for the uses
and purposes thorei~onod.
GIVEN undor my hand and official sool this ~ day of ~5J1~~' 199~. _- --;,0
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Transamerlca
Title Insurence Company
...........................................................
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j THIS SPA~ P',~iYl6EOIJ;9R '~P.@.~6'~ USE:
i . 'p,'EG0ESi-o?'
96 SEP -9 Pt'i 2: 14
:...............................--.........-.................
1201 w....1ng'On IL . ...0. IIOlI 2M. .... 1ownMftd. WI. ,&HI
FILED FOR RECORD AT REQUEST OF .
JEFFERSON COUNTY BOARD OF COMMISSIONERS (BOCC)
IlY
DErUT Y
WHEN RECOROED RETURN TD
394445
N.m.,......,J.e.fferson"Caunl:.y....BOCC",.........:........,..,..,."",..,......,.............'.......
Addr.....P,. Q.."Bax"l.22n~...l.a2.0...washiDgton..Sl:.reel:........,..,..............
CII,. 51"'. zlp..,...Por::t."To.wns.end~...WA."...9.B.3.6,8......,..,.........,...........,............,..
Deed of Trust
(For Use in the State of Washington Only)
THIS DEED OF TRUST. made this.q.~..,... day OL~..,....,......,.............. 19,r.~,... between
city" of, ,Por,t" ,'l'ownsenGl,...a" Wa,shington,.rm.micipal"=rporat:ion"",, "",.." "".." .'.'"" '. GRANTOR.
whose add ress is"", 5 40, ,Wa tar. , Stxeet.., ,l?or::t:..Townsend ~"WA, ,983.6.8"".."....",.."".."",..""""""".." ,..,..,,'.
JEFFERSON TITLE COMPANY. INC., a corporation, TRUSTEE, whose address is 2205
Washington Street, P.O. Box 256, Port Townsend, Washington, and ................................
Jefferson County i' 'a' ' poH,t;i-cal..-subd,ivisi0n ,0f,..Wasl:ling,ton..,..,.."",..........."... BENEFICIARY.
whose address is" 1,',,9 ,,' !?!?lj:,..~~.?.9.,..),~.?.9.. .y'~g.~~~!?!.l.. ,~~.~~,~..!?<?~~.. ~9.~~~,~?,~" ~~.:?~,3.6,~, ,..,..,.. .....
WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust. with power of sale, the
rollowing descrihed real property in ....,.. ..Jef,f,az;son..,...........,......,.... .........,......,....,.. County. Washington:
The North 100 feet of Lot 8 and the West 2S-~i:.;;Of~,:,tii~~);Jorth
100 feet of Lot 6 in Block 40, Original Towns'i'te of" !?art"'l'ownsend,
as per plat recorded in Volume 1 of Plat$', page 1; I recorps 'of
Jefferson County, Washington; EXCEPTING; 'l'HEREFROM the NOI;,!:berlY 12
feet of said property. : , " :.
" .. ""._ J ,:.1, ~' .'
Payment information - see promissary Note' (attached) 'aJ;l~.)\ttacl1n1/i~.t)'A.. - payment
" .'1'. ,.- .,
schedu~e . ........,.':. "
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which real property is not used principally for agricultural or farming purposes, together with all the ten-
ements. hereditaments, and appurtenances now or herenftar thereunto belonging or in any wise "pper-
taining. and the rents, issuea and profits thereof.
r
This deed is for the purpoao of aecuring performance of each .,lroement of llrahtor herein contained. and
payment of the sum of.TJllrty..,..one...thOUSAU~..~i<;l.l:\t;..bJ.mQh~...~!'ll!!?!:\~.Y.::*J.\Sollara ($}.~.!.~~2.:.o.~..)
with interest, in accord an co with the torms 01 a promi88ory noto of even date herewith, payable to Bene-
ficiary or order, and mado by Grantor. and all renowals. modifications and extensions thereof, and also
such further &ums as may be advanced or loaned by Beneficiary to Grantor. or any of their successors or
l1l1slgns. together with interest thoreon at such rate as shall be agreed upon.
To prOUd the security of this Deed of Tl\Ist, Grantor covonanl.8 and'agrees:
1. To keep the property in good condition and repair: to permit no wasto thereof; to complete any
huil<linll. structure or improvement being built or about to be built thereon; to restore promptly any
buildinll, stnJcture or Improvement thereon which may bo damallod or destrored; and to comply with
all laws, ordinances, rellulationR, covenanl.8, conditions and restrictions affectmg the property,
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2. To pay \x-eore delinqurnl 011 laweul tOXl'B Bnd oss(.'ssmcnts upon tho propf:'rty; to keep the property free and c1t"Iu or P1l other
chaft::cs. Jif'ns or rncumbrancclI impairin,:: the security or this Deed ot TrusL.
3. To ket'p all huildin.:s now or hrrcA(t('r erectf'd on the property dCRCribcd herein ('untinuously insured n~8imd IO~fl by fire or othE."f
hazards in an amount not 1("/IIR than the totb~ d.!ht secured by this Dord of Trust, All policies ehall be hpld by the Beneficiary. and
he in 'lJUch companies os the Bcnl"f1ciary mOly .1()prove ond have loss Ilayoble ClrRt to the Beneficiary, 89 ils interest may Dppr.nr, and
then fa thp Grnntor. The amount coll<"cted under any insurance policy may be appJjed upon any ;ndebtedne.811 h"rpby securf"d in :'Iuch
ordN OK the BC'nC'ficiary shall dell"rmine. Such application by the BenefiCiary shall ;10t cause discontinuance oC any proceedings 10
foredos" thilll Dcrcf oC Trust. In the event oC foreclosure. all rights or the Grantor in insurance policies then in Coree .hall pass to the
purchaser at the foreclosure sale,
4. To deCend any action or proceeding purporting to affect the security hereoC or the rights or powers of Beneficiary or Trustee. and
to pay all cosl5 and exp~nses, includinr.; CORt oC title Bearch and attorney's Cees in a reasonable amount. in any such action or pro..
ceedinJ:. and in any Buit brought by Ben€!ficlary to forecl08u this Deed oC Trul!lt.
5. To pay all cosfJI. leeR and expenses in connection with this Deed oC Trust, inc1udinJt the expenses oC the Trustee incurred in en.
10rcinR' the obligation secured hereby and Trustee's and attorney's fees actually incurred. as provided by statute,
fi, Should Grantor rail to poy when due any taxes. aMessments, insurance premiums, liens. encumbrances or olher charJ:es anainst
Ihr properly hrreinaoove dr9cribcd, Beneficiary' may pay the same, nnd the amount so paid, with interest at Ole rate set forth in the
note secured hereby. sholl be added to and become a part oC the debt secured in this Deed or Trust
IT 15 MUTUALLY AGREED THAT:
1. In the event any portion oC the property is taken or dama~ed in an eminent domain proceeding. the entire amoun~ or the award
or such portion as may be necessary to fully satisfy the obligaUon secured hereby, shall be paid to Beneficiary to be applied to said
obJination.
2. By pccepting payment o( any sum secured hereby after its due dote, Beneficiary does not waive its right to require prompt pay.
ment when due of all other 8ums so secured or to declare default for failure to so pay.
3. The Trustee shall reconvey all or any part oC the property covered by thi!'! Deed of Trust to thp. person entitled thereto, on written
request of the Grantor and the Beneficiary, or upon satisfacUon of the obligation secured and written request Cor reconveyance made
by the Beneficiary or the person entitled thereto.
4. Upon o('fault by Grantor in the payment of any indebtednes8 secured hereby or in the performance or nny Bnrpement contained
hNrin, 011 tlUm~ ~rcllrrrl herehv ~hBJI immediately become due and pnyahle at thr. option of the Ben('ficiary. In 1tur.h p.vent Bnd upon
wrillrn r('qu('~t of Beneficiary, Tru~lee "holl Rcll the tru"t properly. in occordanC"P with the Deed of Tru:"t Act or Ihe Stale of Walth.
ioglon, lit public auction to the highe"t hidder. Any perRon except Trustee mny hid at Trustee'sllaln. Trustee shall apply the proceeds
of Ihe I\8le as follows: (1) to the expense oC the sale, includin~ 0 reasonable Trustee's fee and attorney"s fee: (2) to the obligation
secured by this Deed of Trust; (3) the surplus. it any. shall be distributed to the persons entitled thereto.
5, Tru9tce shall deliver to the purchaser at the sale Us deed, without warranty, which shaH convey to the purchaser the inlerest in
the property which Grantor had or had the pO,wer to convey at the timo of his execution of this Deed of Tnlst. and such a~ he Olay
havp. aCfluired thereafter, Truslee's deed shoJI recite the factA showing that the sale was conducted in compliance with all the re"
quiremenl."l of Jaw and of this Deed at Trust, which recital shall he primo lacie evidence of such compliance and conclusive evidence
thereor in lovor of bona fide purchaser and encumbrancers lor value.
~~~~~rB~~~6:i:~e~~~f~~~~ ~~i8th~"e-~~?~~;:~~t~n1o~~I~~~D:se~ ~o;{gu::e~ct of the State of Washington is not an exclusive
7. In tho event of the death. incapacity, disability or resignation oC Trustee. Beneficiary may appoint in writinK a successor trustee,
and upon the recording oC Buch appointment in the mortgage records or the county in which Ihis Dl'cd oC Tru!lt is recorded, the
8UCCe!\80r 'trustee sholl be vested with all powers DC the original trustee, The trustee is not obligatcd to notify any porty hereto ot
pending Role under any othcr Deed of Trust or of any action or proceeding in which Grantor. Trustee or Beneficiary shall be II party
unless such action or procecdinlt is brought by the Trustee.
r~g~~~~:~i~iJ::tS;r::~~i::u\~'r:n~~~ ~~~:S~T'h~tt::m aB~~~k~ra~~hr;.l: ~~~n Oth~hho/d~~ti:~dh~~~'r ~lt th~ ~~~~r s~:~r:~ dh~i::b;:
whether or not named 88 Beneficiary horoin.
.........7iff.~~.....)ZZ:.:d::~g~::!.1;.,....2Z~~....,.
...................................................,.."......,......................,..............................,........".
......,.....................,......................,................................."..........,.......,........,............,
.......,.................................,...............,..,........,........,..........,........,...........................'.
On W. day penonally appeared before me
STATE DF WASHINGTON }
:[CI..l:C..nM.- u.
COUN'l'Y OF...,~,..T..~,!i............................,..,+
On Ihl. ...~i.........,.... doy of ~~......................,.............."......, 19q~....,
before me, the underalgned, a Notary Public In and for the State of W..h.
In.IoW duly. ""mmlulo~and .worn, penonaUy appeared,...................,...........
.....'gJ:...!~...t1.~{,""'lI.!i!............~..................,.............................,....................
~.................................:t.f'.............................,............................................................'Vw,
~;;~:i:J~.~,~i:~~.~~~~'tL~....~.~~...,~.~.~'= . .
the said In"trum"nt to bo tho Ireo and voluntary act nnd deed or SAid corpor-
.tlor, for the ua nd purposes therein mentioned, and on oath statM: that
....:SM...l.t...... . a Ihorl..d 10 OXl'CUlo the Mid IMlrum.nl ...~ Ih.1 II.. _...I~
Wllne.. y d omclol ..al h.relo am.cd Iho day and year flnl
abeYe wrilte
............,............ ., . .. ........"..,........,:P..~~!.~...~~..k~.~...............................
::ldln.~~~~:.tt~:H~~.~~.~.:~.I,~~~.~:..........
t:;'-;;;~..k~.~-;:;;:.t;;'b;;"ih~'.i~d'i;;jd~~i..d;;;;~;Ib:,d.i.;;~.~d
who e.ecuted Ihe wlU,ln and for.golng lnalrumont,
and acknowledged Ihat ......,......... .hrnedthe lIUJIe
na ....,,,................. free and yoluntary act nnd deed.
(or the USN and purposn therein mentioned.
(;.'
GIVEN undor my hand and omclal acal Ihl.
.."........d.y 01......................,.............................. 19....."..
..'....'N~j;;'.:;;..P~bi'i~'i-;;.'j..nd.'i~~..ih;;..S'j;;i'~..~rw~.~i~;
Inglon, r..ldlng nl..............,..,......................,....,...
"..
REQUEST FOR FULL RECONVEYANCE
Do nol rnord. To be u.ed onl,V wh.n nol. hu betn pnld.
TO: ,inU~TEIE. d I Ih~ legnl own~r ,and hold.. 01 lha nolo and all olh.r Ind~hl.dn... ..cur.d hy Ih. wllhln Dee" o( Tru.L Said
t t 0 \~~ ... m,e oil. othrr I",".ht.dn... .ocurod hy .old Deed 01 Tru.I, h.. be.n (ully pold and ..1I.nod: and yO," olr. herehy r.'
no r, o~r er w . t' I l or nny Rum II owing to you uuclf!r the If'm. of Inld Ottld Dr Trmt, to caner 11Ift cI nnlt' .bove
quo'lod or" d~ecli"\i'n po~'i'.~., oor'l~d.ht.dn.... ..cured hy .ald O..d 01 Tn.ol d.llv.red tn you herewith. logeU,er wllh Ih. Mid
b~~(\1<;,7f'Tr:f1t. :nd 10 '::c:;~~:~: without warrlnty, to the plllrtl". dr,llnalftd by the t.enn. of aald Del"fl of Trult. all the e.tate now
held by you Ih.reund.r.
DaW .......... ..,....' ................' ..,.................., 19............
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PROMISSORY NOTE
TIllRTY-ONE THOUSAND EIGHT HUNDRED SEVENTY
-FIVE AND OO/lOOTHS DOLLARS ($31,875)
~I>>.f ~, I , If!.
Date
Port Townsend, W A
FOR VALUE RECEIVED, the City of Port Townsend, a municipal corporation, ("Borrower"
herein) promises to pay to the order of Jefferson County, a municipal corporation, and the successors
and assigns of such lender ("Lender" herein), the principal sum of thirty-one thousand eight hundred
seventy-five and 00/100ths dollars ($31,875). Principal shall be payable in lawful money of the Untied
States, at such place as any holder hereDfmay designate in writing.
Principal shall be due and payable as follows: in three (3) equal annual payments in the amount of ten
thousand, six hundred and twenty-five and 00/100ths dollars ($10,625), the first payment will be due
June I, 1997, and subsequent payments shall be made on the same date in the next two succeeding years.
(See Attachment "An - payment schedule).
Borrower shall have the right, to prepay at any time in advance of maturity, without premium or penalty,
all or any part of the principal amount of this Note.
The obligations of this Note shall be joint and several. Borrower and Borrower's legal representatives,
successors, and assigns, and all endorsers and persons liable or to become liable on this Note, severally
and expressly waive diligence, presentment, demand, protest, notice of any kind whatsoever, and any
exemption under any homestead exemption laws or any other exemption or insolvency laws. Every such
person further hereby consents to any extension of the time of payment hereof or other modification Df
the terms of payment of this Note, the release of all or any part of the security herefor, or the release of
any'party liable for the payment of the debt evidenced hereby at any time imd frDm time to time at the
request of a."lyone now or hereafter liable therefor. Any such extension or release may be made without
notice to any of such persons and without discharging their liability.
~;~
This Note has been issued pursuant to and is sec ed by a deed of trust to TRANSAMERICA TITLE
INSURANCE COMPANY, a corporation, dated 'I I ,Such Deed of Trust and any other
security insmunents evidencing or securing the inde tedness hereunder are hereby made part of this
Note and are deemed incorporated herein in full. Any default which continues beyond any applicable
grace period stated in the Deed of Trust in any condition, covenant, obligation, or agreement contained
in the Deed of Trust or any other security instrument shall constitute a default under this Note and shall
entitle the Lender to accelerate the maturity of the entire indebtedness hereunder and take such other
actions as may be provided for in the Deed of Trust or in this Note.
r,
ALffiNATION: All sums secured hereby can be declared due and payable at the option of the payee
herein on the sale, conveyance or other form of alienntion of the property described in the Deed of Trust
which secures this promise.
...
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If default is made in the payment of principal hereunder when due, or upon maturity hereof, by
acceleration or otherwise, and such default is not cured within five (5) days after receiving written notice
thereof from Lender or the holder hereof, the outstanding principal balance of this Note to the extent
permitted by law, shall become due and payable at once, without notice to Borrower or any other party,
at the election of Lender or the holder of this Note. From and after the date of such default, such
principal shall bear interest at eight and one half percent (8.5 %) per annum or the maximum rate
permitted by law, until paid in fulL
In any action or proceeding to recover any sum herein provided for, no defense of adequacy of security
or that resort must first be had to security or to any other person shall be asserted, AIl of the covenants,
provisions, and conditions herein contained are made on behalf of, and shall apply to and bind the
respective distributees, personal representatives, successors, and assigns of the parties hereto, jointly and
severally. Each and every party signing or endorsing this Note binds himself as principle and not as
surety.
It is the intent of Borrower and Lender to comply at all times with the usury and other applicable United
States federal laws or laws of the State of Washington (to the extent not preempted by federal law, if
any) now or hereafter governing the interest payable on this Note or the Deed of Trust, to thc extent any
of the same are applicable hereto. If the laws of the State of Washington or the United States are revised,
repealed, or judicially interpreted so as to render usurious any amount called for under this Note or the
Deed of Trust or any other instrument contracted for, charged, taken, reserved or received with respect to
the indebtedness secured or evidenced hereby, or the maturity of this Note is accelerated as herein
provided, or if any prepayment by Borrower results in Borrower's having paid any interest in excess of
that permitted by law, then it is Borrower's and Lender's intent that, notwithstanding any provision to
the contrary contained in this Note or in the Deed of Trust (a) all excess amounts theretofore collected
by Lender be credited to the principal balance of the Note (or, if this Note has been paid in full,
refunded to Borrower), and (b) the provisions of this Note immediately be deemed reformed, and the
amount thereafter collectible hereunder and thereunder reduced, without necessity of the execution of
any new document, so as to comply with the then applicable law.
The nonexercise by holder of any of the holder's rights hereunder in any instance shall not constitute a
waiver thereof in that or any subsequent instance. If this Note is placed in the hands of an attorney for
collection after any default, Borrower promises to pay all costs of collection and a reasonable sum as
attorneys' fees, whether suit is brought or not.
Time is of the essence of this Note and of the payments WId performances hereunder and under the Deed
of Trust and any other Security Instruments in connection herewith.
This Note is to bc construed in all respects and enforced according to the laws of the State of
Washington.
City of Port Townsend, a municipal corporation
~~~~
By:
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LOAN DATA
1l7/flC.ltM6NT ~ A"
BAAMORT,TBL
TABLE DATA
Table starts at date:
or at payment number.
Loan amount:
Annual interest rata:
Term in years:
Payments per year.
First payment due:
PERIODIC PAYMENT
Entered payment: il~jTt:;)f:(~.HWrrttfgn_;i;1t!.
Calculated payment: L;~:ij;i~1,~;,!~~,Q!l1
The table uses the calculated periodic payment amount,
unless you enter a value for "Entered payment."
CALCULATIONS
Use payment of: ~ifll'"
1 st payment in table: i1j~;
Beginning balance at payment 1: ~
Cumulative interest prior to payment 1:
Table' . , ' ,"','~' ", . ' " " " " '
ATTACHMENT "A" -
PAYMENT
SCHEDULE
Payment Beginning Ending Cumulative
No, Date Balance Interest Prlncloal Balance Interest
1 6/1/97 31,875,00 0,00 10,625,00 21,250,00 0.00
2 6/1/98 21,250.00 0,00 10,625,00 10,625,00 0,00
3 6/1/99 10,625,00 0.00 10,625.00 0,00 0.00
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06/12/1996 13:36
PT PUBLIC WORKS
PAGE 01
3603657675
C
Department of Public Works
5210 KUHN STREET
PORT TOWNSEND. WASHINGTON ga368
360/385-7212
360(385-7675 F~
F~.'~X TRANSMISSION
Date:
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PAGE 02
CITY OF PORT TOWNSEND
DEPARTMENT OF PUBLIC WORKS
5210 KUHN STREET
PORT TOWNSEND. WASHINGTON 98368
(360) 385-7212 (360) 385-7875 FAX
June 12, 1996
VIA FAX
Suzanne Drum
Jefferson County Public Works Department
P.O. Box 2070
Port Townsend WA 98368
Re: Promissory Note and Deed of Trust
"Back Alley. property purchase
Dear Suzanne;
I have reviewed with the City Attorney the Promissory Note and the Deed of Trust
prepared to complete the transaction through which the City is purchasing the 'Back
Alley. property from the County. We believe these documents should be revised to fully
reflect the fact that the City will have made a cash payment of $10,625 at the time title
is conveyed by the County. The County should therefore be receiving from the City a
promiSSOry note in the amount of $31,875, which will be the unpaid portion of the
$42,500 purchase price that has been agreed upon. Accordingly, the title to the
property should be encumbered by a deed of trust that indicates the amount of the
City's Indebtedness to the County at the time the deed of trust Is executed and
recorded, rather thon the full amount of the purchase price which the City will have then
partially paid in cash. You may wish to verify with Jefferson Title that this is the normal
procedure for transactions of thla type.
I am transmitting herewith the documents you provided with those revisions the City
Attorney and I believe to be appropriate. As you will tI88, the revisions are relatively
minor and it is hoped this will not delay their submll8lon to the County Commissioners,
If you have any questions, please do not hesitate to contact me.
Sl~
Doug Mason
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05/12/1'395 13: 35
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35038575 75
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PT PUBLIC (')ORI<S
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PAGE 03
PROMISSORY NOTE
$'tX jWEI\l1"{-p",e
fit. 8 mOUSAND~ HUNDRED
AND OO/looms DOLLARS (S4I;AIlf)
"!J I, (,1.)
Date
Port Townsend, W A
FOR Y ALUE RECEIVED, the City of Port TowlI.ead, a municipal corporation, ("BDrrower"
herein) promises to pay to the order of JefFel'lon County, a muni~ ~~ration, anl1!!15..:!H...~es!.~!:.su4y_f:. lit.
and assigns OfSUCh~(..Lender.. herein), the principal sum of .r . 'MousandaliilIi(fr~ano '
OO/lOOths dollars (I grincipal shall be payable in lawful money of the Untied States, at such place
as any holder hereof may " gnate in writing,
~,.c.~ ,
Principal shall be due and payable 1& follows: in __ (4) equal annual.~ents in the amount of ten :li ,...1,14'
thousand, six hundred and twenty-five and 00/100ths doUars ($1 O,62~e first payment will be due.#' j ~
oI8siR~, 3tI~ 19 alIIII!' title ud ~I- ..~, (See Attachment "AU - payment schedule). ~~~t~
Borrower shall have the right, to prepay at any time in advance of maturity, without premium or penalty, btC
all or any part of the principal amount of this Note. ::~.4!. .
~;J.(.>"
The ~bligations of this Note shall be joint and several, Borrower and Borrower's legal representatives, ~~!1
successors, and assigns, and all endorsers and persons liable or to become liable on this Note, severally {~
'and expressly waive diligence, presentment, demand. protest, notice of any kind whatsoever, and any ytp.f,
exemption under any homestead exemption laws or any other exemption or inaolvency laws, Every such
person further hereby consents to any extension of the time of payment hereof or other modificatiDn of
the tenns of payment ofthis Note, the releue ofal! or any part of the security herefor, or the release of
any party liable for the payment of the debt evidenced hereby at any time and from time to time at the
request of anyone now or hereafter liable therefor. Any such e;aenslon or release may be made without
notice to any of such perllOns and without discharging their liability,
€,'
This Note has been issued pursuant to and is secured by a deed of trust to TRANSAMERICA TITLE
INSURANCE COMPANY, a corporation, dated . Such Deed of Trust and any other
$Ccurity instruments evidencing or securing the Indebtedness hereunder are hereby made part of this Note
and are deemed incorporated herein in full. Any default which continues beyond any applicable grace
period stated in the Deed ofTrust'in any condition, covenant, obligation, or agreement cDntained in the
Deed of Trust or any other security instrument shall constitute a defllult under this Note and shall entitle
the Lender to accelerate the maturity of the entire indebtedness hereunder and take such other actions as
may be provided for in the Deed of Trust or in this Note,
(
ALIENATION: All sums "ecured hereby can be declared due and payable at the option of the payee
herein Dn the sale, conveyance or other fonn of alienation of the property described in the Deed DfTrust
which secures this promise,
"
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65/12/1995 13:35 3563857575 PT PUBLIC WORKS PAGE 04
r If .orml, i. m>d, m "" p.: or orin.'" """""'tt """,..., " upon """'"'" houof. by
acceleration or otherwise, and such default is nol cured within five (5) days after receiving wr;tten notice
thereof from Lender or the holder hereof, the outstanding principal balance of this Note to the extent
pencitted by law, shall become due and payable at once, without notice to Borrower or any other party,
at the election of Lender or the holder of this Note, From and after the date of such default, such
principal shall bear interest at eight and one half percent (8,5 'Yo) per annum or the maximum rate
pennitted by law, until paid in full,
In any action or proceeding to recover any sum herein provided for, no defense of adequacy of security
or that resort must first be had to security or to any other person shall be asserted, All of the covenants,
provisions, and conditions herein contained are made on behalf of, and shall apply to and bind the
respective distributees, personal representatives, successors, and assigns of the parties hereto, jointly and
severally, Each and every party signing or endorsing this Note binds himself as principle and not as
surety,
It is the intent of Borrower and Lender to comply at all times with the usury and other applicable United
States federal laws or laws oftbe State of Washington (to the extent not preempted by federal law, if any)
now or hereafter governing the interest payable on this Note or the Deed of Trost, to the extent any of
the same are applicable hereto. If the laws of the State of Washington or the United States are revised,
repealed, or judicially interpreted 110 as to render usurious any amount called for under this Note or the
Deed of Trust or any other instrument contracted for, charged, taken, reserved or received with respect
to the indebtedness secured or evidenced hereby, or the maturity of this Note is accelerated as herein
provided, or if any prepayment by Borrower resuhs in Borrower's having paid any interest in excess of
that pennitted by law, then it is Borrower's and Lender's intent that, notwithstanding any provision to the
contrary contained in this Note or in the Deed of Trost (a) all excess amounts theretofore collected by
Lender be credited to the principal balance of the Note (or, if this Note has been paid in full, refunded to
Borrower), and (b) the provisions of this Note immediately be deemed reformed, and the amount
thereafter collectible hereunder and thereuDd~ reduced, without necessity of the execution of any new
document, so as to comply with the then applicable law.
The nonexercise by holder ofany of the holder's rights hereunder in any instance shall not constitute a
waiver thereof in that or any subsequent instance. If this Note is placed in the hands of an attomey for
collection after any default, Borrower promises to pay all costs of collection and II reasonable sum as
attorneys' fees, whether suit is brought or not.
I};
Time is of the essence of this Note and of the payments and performances hereunder and under the Deed
of Trust and any other Security Instruments in connection herewith.
This Note is to be construed in all respects and enforced according to the laws of the Stllte of
Washington
r:
City of Port Townsend, a municipal corporation
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86/12/1996 13:3&
3603857675
PAGE as
PT PUBLIC WORKS
...
. TranSameJl08
II TiUe Services
T"~rlc.
TlU. lnauranc. Company
,.......................................-......'.....
i TH18 SPACE PftOYIOED FOA AECO,DI!R'S USIE: i
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FILED fOR "ECORD AT REOUEIT 0'
, Jefferson COUIlty Board of coonty Q>m\issioners (000::)
WHEN "eCOROlD RETURN TO
N_.
Jefferson County 000::
1oddIw11_..
P.O. Box 1220, 1820 Jefferson Street.
;
......,......,......,..............i
Port Ta.msend. Wl'. 98368
CII,..Stea.,ZIp ......... ......,......._.. ..'''...._..".___.._......
Deed of Trust
(For U" in 'hit Slallt 01 Wa.hin,ton Only)
THIS DEED OF TRUST, mode thlo......".....,.... do)' 01,
city of Por~~,...~..l!;l~!>,!fflt.cln,lIlUr\,icip"~ ,~"'Y.9!)"",
. ..... 19. . between
, , GRANTOR.
who.. .deb...l., 54O'Wa~..!!~,h..~,~,~..~'1!l,.~",~,~}~8,...."....,..,....,' ,,',' , .
TRANSAMERICA TITLE INSURANCE COMPANY, . corporation, TRUSTEE. whooe .dd,... I.
1200 S,illlh A..nue,800ttle, WublnIton, OIld"..",..,..,..""..".. .'
Jefferoon Count~.,..pol1~~,.~,,~~':',"c;>~"~,~,~......,.., ,BENEFICIARY,
who.. .dot.....l. P.O. noxi,2.2.0,."l,ll2.~..~~~.~..~t,:., I'l!"t Towr:u!~,.,~ 98368
WITNF.SSE1'H: Grantor hereby bare_tM, ..11, .nd convey. to Tnlltee in Tru5t, with power or ..Ie, the
fnllnwlnR' deacrihed 11111I1 a:n'Operty in .."..' ..,,~~~~~~ . ..' ,.......,.."... .."......._ County, W.lhinllton:
'100 North 100 feet of !At 8 and tho _10 25 foot of the> North
100 feet of Lot 6 in 81Cj>Ck 40. original ~ite of Port ToomlIend,
as par plat recorded in VOIUl1'e 1 of' Plata. pago 1. rocords of
Jeffnrnon County, Washington,
ExCEI"I'IOO '1'HERI':f'lOI th8 Northerly 12 feat of aald COlli proporty.
Paymont intorm.tlon - 800 ~roml..arv note (attachod) and
A~tachm.nt ~~" - paymont sohedule
::~~II~~::.'dru::.~n';.~:~~..J',== ':..~~: =:~=:t..':'::"I~ :.\~h:~ U:~:
1~lnlnl, .nel th. ....11, ~I; ~:~ Ibaroo', __<!f~ .G~: -Ii",! c:;~p
'Thl. dMd I. lar tho pu~.ol-..olq pufo.....~ _h ~t ~ _tor horoln _Wnod, .nd
p.yment alth. oum 01.....~..~~...............!!~!!.~~,~~...~...~,~!.,1..9.b,1Wo (.,............:.~~....,l
~e'~n~~':~~~ ~~<:=.;~:.:~'~'::..~a':t~~t= ::.r =~ ~r'~r. ~J":'b.;
luch further .UmI .. may be IdYanctd or loaned by BlnlftdAry to Orantcw. or any of their luc::ceMO", or
...lln., toe.tho, with In_t thoroon .t .uch .... _ ohoII be ...._ UpM.
To pm....llh. .....r1ly 01 lb.. Dead 01 T1uat, 0....1.0' _II .... .._,
I. To k..p tho propelrty In ioocI """'It Ion .nd _Ir: 10 pennll na WUl40 th.nol: to compl.t. .ny
hullclin.. .Inteluro 0' hn_l boIna buill or ahout 10 be built thereon: 10 ...Iore prompUy an~
:U"~I=~. o.~~:~~\~'"!....Gt..~I!~~!..~ '!.~~~..~~ ~..d~l.~r.. ~-:!~j.~~c!.~_~~pIY wit
. 1"'11I.'_., ."VI.""'_, IN'.la"M, f.."UtMU"""_ lUlU .wwn;WUI. .u.u..... u.. I''''''P'I'''''''
= -~.~::,~:~~:,:;,~ICI.
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06/12/1996 13:36 3603857675 PT PUBLIC WORKS
~DATA ......_'" ..~~BMMORT~"'~:'_~_I
,. ~ Annual.nterest ~: 0%,;, ..'.'", or 81 payment number: 1
Term In years: o.,:" .:
peyments p<< year: ;'"
First payment due: , -
PERIODIC PAYMENT
Enter8d payment'
Calculated payment ,
CALCULAnON8
Use payment of: "
1 sf payment in table: ~
PAGE 06
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The labl. uses the CIIIcuI_ periodic payment amount.
unless you entar a value for "Enterlld payment.. '31 '87-;; SP
_.'~,
~-,.--
BegInning lImanee 81 payment 1:
Cumulative interest PIlor tD pllyfllent 1:
TabJ'c' , ';"'''~ , "" ", " ---.-- ,"o.",..
ATTACHMENT "A"-
PAYMENT
SCHEDULE
.
So
~
P-vrnent Beg1nnll'lll Ending Cumulative
No. Date e.ia_ lnterMt PrlnclDal 851anc:. Int...-t
. 1NAJ..UE!I./' /'fj 31,876.00 0.00 10,826.00 21,2150,00 0.00
If tlVAJ..UEll..','''' 21 250,00 0,00 10 ll26.00 10625,00 0.00
, 1NAJ..UE~/. ''11 10,625.00 0,00 10,625,00 0.00 0,00
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Enclosures
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
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P'Q, BDX 2070
1322 Washington 51.
Port TDwnsend, WA 98368
(360) 385-9160
Klara A Fabry. Director/County Engineer
MEMORANDUM
To:
From:
Date:
Re:
David Goldsmith, Deputy Public Services Director
Suzanne Drum;"Right of Way Agent
April 25,1996
Deed of Trust and Promissory Note for the sale of the
"Back Alley" property to the City of Port Townsend
Attached for your review as requested, please find the above referenced
documents as specified by the Prosecutor's office for this transaction. Please
review them to ensure they fulfill the requirements of this sale.
Upon discussing this issue with Bob Hinton, since the terms are for four years,
no interest will be charged unless the City were to default (see Promissory
note), I have also attached copies of the letters from Mayor Clise confirming the
terms of the sale, which I received from your office.
If any corrections are necessary, please return the documents to me, if not
please submit them to the Prosecutor's office fDr legal review and than to the
Board for their review and approval.
Thank you I
CI
100% Rocyclod Pooer
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Transamenoa
Title Services
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Transamerica
Title Insurance Company
THIS SPACE PROVIDED FOR RECORDER'S USE:
FILED FOR RECORD AT REQUEST or
Jefferson County Board of County Corronissioners (BCCC)
J
WHEN RECORDED RETURN TO
Jefferson County BCCC
Name..... _..... . .
P.O. Box 1220, 1820 Jefferson Street
Address._........ ..,..... .... .......
Port Townsend, WA 98368
City. State, Zip.......... ........ ......................................... .................
Deed of Trust
(For Use in the State of Washington Only)
THIS DEED OF TRUST. made this '" ".. ....", day of..
19"
. between
" City of PO:rt T0VJl1sE!Tld/~.."'i'l1311,ingtC)11 Ill\lI1:Lcipalc:Orp0J:'at:icl/1..
. GRANTOR.
who~e addres~ is.. 540 l^iater:..E>,tl:'Ia,E!t: ',.}'9,:r,t:..:r'9:Y.J1senc1 , lolA", 98}68
TRANSAMERICA TITLE INSURANCE COMPANY. a corporation, TRUSTEE. whose address is
1200 Sixth Avenue, Seattle, Washington, and
Jefferson County, a political..subc1~vis~cl/1 of Washington
P.O. Box 1220, 1820 Jefferson St., Port Townsend, WA
...................,...,......-......,...,.........-..,.. ..
. BENEFICIARY.
98368
whose nrldrc:-;s is
\VITNESSETH: Grantor herehy barl(ains, sells and conveys to Trustee in Trust. with power of sale, tbe
Jefferson
followilll( de~('rihecl real property in ,..
County. Wasbilll(ton:
The North 100 feet of Lot 8 and the West 25 feet of the North
100 feet of Lot 6 in Block 40, Original Townsite of Port Townsend,
as per plat recorded in Volume 1 of Plats, Page 1, records of
Jefferson County, Washington;
EXCEPTING THEREl"ROM the Northerly 12 feet of said real property.
I:t
which real property is not used principally for agricultural or farming purposes, together wit.h nil the ten-
ement.s, hereditaments, nnd appurtenances new or herenfter t.hereunto helonging or in nny wine Rpper.
taining, Rnd the rent~, issues and profits thoreof.
r
Thin deed in for the purpose of securing performnnce of ench ngroement o( grantor horcin contnined, nnd
payment o( the sum of.....~~!:,~~::?::':~...~!~:?~.~.~~~..::.~::,'::...~~.~!1.~,J?,~,~,..,~..,~,~!.!:,9, <bollars ($~~,~,~,O?:,~,?..",)
with interest, in accordanco with the torms of n promissory note of oven dnto herewith. pnynblo to Bene.
ficiary or order, nnd made by Grantor, nnd nil renewals, modificntions nnd extensionn thereof, and nl.o
nuch further nums nn mny be ndvnnced or lonned by Beneficinry to Grantor, or nny o( their successors or
nH.il(nn, tOl(ether with interent thereon nt nuch rnte ns shall be nl(reed upon.
To prot.cctthe necurity of this Deed of Tnlnt, Grnntor covennntn and ngrocs:
1. To lceep the propert.y in good condition nnd repnir; to permit no wnnte thorco(; to complote nny
huilclinll, ntructure or improvement, beinl( built or nbout to ho huHt thereon; to rostore promptly nny
huilrlinl(, ntmctufCJ or improvement t,hereon which mny he r!nmnger! or dentroyer!; nnd to comply with
all lows, ordinnnces, rCllulntionn, covennnts, conditions nnr! restrictions nfTectinll the property.
"'OUIl Nil, W.l(,(,
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2. To pay before delinquent all lawful ta~~ and assessments upon the property; to keep '~fhe property free ~nd clear of all other
char~es. liens or f'ncumbrances impairing the security of this Deed of Trust.
3. To keep nIl buildings now or hereafter erected on the property described herein continuously in..mrcd against loss by fire or other
hazards in an amount not less than the total debt secured by thil'l Deed of Trust. All policies shall be held by the Beneficiary. and
he in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary, as its interest may appear. and
then to the Grantor, The amount collected under any insurance policy may be applied upon any indebtedness h(lreby secured in such
order 8.'4 the Beneficiary shall actenninc. Such application by the Beneficiary shall not cause discontinuance ot any proceedings to
foreclose lhis Deed of Trust. In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the
purchaser at the foreclosure sale.
4. To dcCend any aClion or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, aad
to pay nil cosls and expenses, including' cost of title search and attorney's fees in a reasonable amount, in any such action or pro.
ceedin~, and in any suit brought by Beneficiary to foreclose this Deed of Trust.
5. To pay all cosl<;, fees and expenses in connection with this Deed of Trust. including the expenses of the Trustee incurred in en.
forcin~ the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute.
6. Should Grantor fail to pay when due any taxes, assessments. insurance premiums, liens, encumbrances or other char~es against
the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the
note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust.
rr IS MUTUALLY AGREED THAT:
1. In the event any portion of the property is taken or damaged in an eminent domain proceeding. the entire amount of the award
or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said
obli~ation.
2. By accepting payment of ~ny sum secured hereby after its due date, Beneficiary does not waive its right to require prompt pay.
ment when due of all other sums so secured or to declare default for failure to so pay.
3. The Truslee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written
request of the Grant.or and the Beneficiary. or upon satisfaction of the obligation secured and written request for reconveyance made
by the Beneficiary or the person entitled thereto.
4. Upon cleCault by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained
herein. all sums secured hereby shaH immediately become due and payable at the option of the Beneficiary. In such event and upon
wriUrn request of Beneficiary, Trustee shall seH the trust property, in accordance with the Deed of '.l.rust Act of the State of Wa.<Jh.
il1~ton. at public auction to the highest bidder. Any person except Trustee may hid at Trustee's sale. Trustee shall apply the proceeds
of the sale as lollows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee: (2) to the obligation
secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto.
5. Trustce shall deliver to the purchaser at the' sale its deed, without warranty, which shall convey to the purchaser tbe interest in
the property which Grantor had or had the po.wer to convey at the time of his execution of this Deed of Trust, and 8uch as he may
have acquired thereafter. Trustee's deed sha11 recite the facts showing that the sale was conducted in compliance with all the re-
quirements of law and'of this Dced of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence
thereof in favor of bona fide purchaser and encumbrancers for value.
6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive
remedy; Beneficiary may cause this Deed of Trust to be foreclosed 8S a mortgage.
7. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee,
and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the
successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto o[
pcnding sale under any othcr Deed of Trust or of any action or proceeding in which Gruntor. Trustee or Beneficiary shall be a party
unl("~s such action or proccedin~ is brought by the Trustee.
8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto but on their hcirs, deviscc."I,
~~~th:i :rd~~r~~~:::{~s CB:~~~oci~~n~e~:r:::ns. The term Beneficiary shan mean the holder and owne'r of the note sccured hereby.
STATE OF WASHINGTON 1
COUNTY OF"..,...."..........,........,.....,..........! 88.
On this doy personally appeared bofore mo
to me known to be tho individunl deAcribcd in nnd
who executed tho wllhin nnd foregoing instrument,
and ncknowledgec1 that ................ olgned the somo
os ... .................... free nnd voluntary oct nnd deed,
Cor the useR ond purpOBCR thorein montioned,
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GIVEN under my hnnd nnd officlnl 8enl thlR
, """""dny 01,..,..,.."..,..,....,.......................,....... 19....,....
,.. "" 'N~i;;';y..p;;i;i'i~' i',:;'~';;d' 'i~~' 'ii;~' 'si.;;i'~' .;r'\v~'~i',:
Inftton, rcslfllnR' Ilt.,....... .............,.........................
~:~::~:.,~.~:,~~,~,~,~:...............,',J 88,
011 tlll8 '......,............ dny 01 ..............,......,.........,......".......,..,............,. 19..........."
before me, the undersigned, n Notary Public In nnd for tho Stete of Wn8h.
Ington, duly comml..lonod nnd sworn. personnlly nppenred.....,..,......................,
ond,.........,..................,.......,............,.......................,..................................,..........,.."....,..,.
to mo known to be thc............................Prcsidcnt nnd........................,...Scerotary,
r08pectlvely of..,.."..,...............,...,...,..............,.........,...........,..,.........,.....................,....,...
the corporntlon thnt cxecu~d tho foregoing instrument, nnd ocknowlnd"oo
the soid Instrument to be tho Croe nnd voluntary nct Rnd deed of Mid corpor-
ntlon, lor the URCtl nnd PUrpo8C8 thnreln mentlonod, nnd on onth .tetod thnt
....'..'..'..'....,......,.... nuthorl.ed to execute the nnld Inntrumont nnd thot tho 8eal
nffixed fR the corpomtc fu~nl of Mid corpomtfon.
Wltn.8. my hnnd nnd officlnl Renl Iloreto nmxed tho dny nnd yonr nnt
nbove wrl tton.
,,,............ ..''''......N~in;.y.p;ihiic..i~'~~d..i~~.ih~'s.t';;i;;'~f'w~~hi~'Kt;;~',.......................,
rCRldlng nt, ....,....,.........,.............. .......... ........ ......,.........'...........
16:.
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REQUEST FOR FULL RECONVEYANCE
Do not ,('cord. To be WInd only whf!n note hlUl been paid.
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TO: TRUSTEE,
1'11('1 lIncll'rslRn(ld iN Iho JrRnl ownrr nnel holtfrr or tlm nota nnd all other Intl(1hl(ldnrftR fIIncu.rf'd hy tho wllhln Of'll'd or Tnt"t. SRld
nolo, tOr:'f'tlwr wlfh nil nlhrr InclC'htrdnrHR flt'clIrnd hy "nld nC'(Id of 'rrud. hl'llR b~(m Cully rnld nndlnth,nnd: nnd you nr" hnroby rc'
CIUrfttrrl nnd cHrf'r.trd, on pnymr.nl to you or nnr. ImmR owln" to you under tho termft of fUllf nnnd or Tn..,t to rJ\n~1 ,mid noto nbovn
nlf'lltion{td, nnd nil othrr l'vldrnCrR or Indl'htN nrRft 1....curNl by Hold DN'd or Tnll'lll dr.lIvnrf'ld to you hnrnwith, tORn'her with the RRhl
nf'NI or Trud, nnel to rrconvny, wllhntlt worrnnty. to thc porUcR deltllfnntod by tho tnrm. of flItltt DoNI of Tnl.t, nll thn MtIltt. now
hrlc1 hy yuu thereunder,
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PROMISSORY NOTE
FORTY -TWO THOUSAND FIVE HUNDRED
AND OO/IOOTHS DOLLARS (842,500)
Date
Port Townsend, W A
FOR VALUE RECEIVED, the City of Port Townsend, a municipal corporation, ("Borrower"
herein) promises to pay to the order of Jefferson County, a municipal corporation, and the successors
and assigns of such lender ("Lender" herein), the principal sum offorty-two thousand five hundred and
0011 OOths dollars ($42,500), Principal shall be payable in lawful money of the Untied States, at such place
as any holder hereof may designate in writing,
Principal shall be due and payable as follows: in four (4) equal annual payments in the amount of ten
thousand, six hundred and twenty-five and OOIlOOths dollars ($10,625), the first payment will be due at
closing, subject to clear title and title warranty, (See Attachment "A" - payment schedule),
Borrower shall have the right, to prepay at any time in advance of maturity, without premium or penalty,
all or any part of the principal amount of this Note,
The obligations of this Note shall bejoint and severaL Borrower and Borrower's legal representatives,
successors, and assigns, and all endorsers and persons liable or to become liable on this Note, severally
and expressly waive diligence, presentment, demand, protest, notice of any kind whatsoever, and any
exemption under any homestead exemption Jaws or any other exemption or insolvency laws, Every such
person further hereby consents to any extension of the time of payment hereof or other modification of
the terms of payment of this Note, the release of all or any part of the security herefor, or the release of
any party liable for the payment of the debt evidenced hereby at any time and from time to time at the
request of anyone now or hereafter liable therefor, Any stich extension or release may be made without
notice to any of such persons and without discharging their liability,
't:
This Note has been issued pursuant to and is secured by a deed of trust to TRANSAMERICA TITLE
INSURANCE COMPANY, a corporation, dated , Such Deed of Trust and any other
security instruments evidencing or securing the indebtedness hereunder arc hereby made part of this Note
and are deemed incorporated herein in full, Any default which continues beyond any applicable grace
period stated in the Deed of Trust in any condition, covenant, obligation, or agreement contained in the
Deed of Trust or any other security instrument shall constitute a default under this Note and shall entitle
the Lender to accelerate the maturity of the entire indebtedness hereunder and take such other actions as
may be provided for in the Deed of Trust or in this Note,
-:
ALIENA TION: All sums secured hereby can be declared due and payable at the option of the payee
herein on the sale, conveyance or other form of alienation of the property described in the Deed of Trust
which secures this promise,
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If default is made in the payment of principal hereunder when due, or upon maturity hereof, by
acceleration or otherwise, and such default is not cured within five (5) days after receiving written notice
thereof from Lender or the holder hereof, the outstanding principal balance of this Note to the extent
permitted by law, shall become due and payable at once, without notice to Borrower or any other party,
at the election of Lender or the holder of this Note, From and after the date of such default, such
principal shall bear interest at eight and one half percent (8,5 %) per annum or the maximum rate
permitted by law, until paid in full.
In any action or proceeding to recover any sum herein provided for, no defense of adequacy of security
or that resort must first be had to security or to any other person shall be asserted, All of the covenants,
provisions, and conditions herein contained are made on behalf of, and shall apply to and bind the
respective distributees, personal representatives, successors, and assigns of the parties hereto, jointly and
severally, Each and every party signing or endorsing this Note binds himself as principle and not as
surety ,
It is the intent of Borrower and Lender to comply at all times with the usury and other applicable United
States federal laws or laws of the State of Washington (to the extent not preempted by federal law, if any)
now or hereafter governing the interest payable on this Note or the Deed of Trust, to the extent any of
the same are applicable hereto, If the laws of the State of Washington or the United States are revised,
repealed, or judicially interpreted so as to render usurious any amount called for under this Note or the
Deed of Trust or any other instrument contracted for, charged, taken, reserved or received with respect
to the indebtedness secured or evidenced hereby, or the maturity of this Note is accelerated as herein
provided, or if any prepayment by Borrower results in Borrower's having paid any interest in excess of
that permitted by law, then it is Borrower's and Lender's intent that, notwithstanding any provision to the
contrary contained in this Note or in the Deed of Trust (a) all excess amounts theretofore collected by
Lender be credited to the principal balance of the Note (or, if this Note has been paid in full, refunded to
Borrower), and (b) the provisions of this Note immediately be deemed reformed, and the amount
thereafter collectible hercunder and thereunder reduced, without neccssity of the execution of any new
document, so as to comply with the then applicable law,
The nonexercise by holder of any of the holder's rights hereunder in any instance shall not constitute a
waiver thereof in that or any subsequent instance. If this Note is placed in the hands of an attorney for
collection after any default, Borrower promises to pay all costs of collection and a reasonable sum as
attorneys' fees, whether suit is brought or not,
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Time is of the cssence of this Note and of the paymcnts and performances hereunder and under the Deed
of Trust and any othcr Sccurity Instruments in connection herewith,
This Notc is to be construed in all respects and cnforced according to the laws of the State of
Washington,
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City of Port Townsend, a municipal corporation
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Initial.Data- " , ;':,,' .. ': .' :', ","
LOAN DATA
TABLE DATA
Table starts at date:
or at payment number: 1
Loan amount: ,$42,500,00
Annual interest rate: 0%
Term in years: 4
Payments per year. 1
First payment due: 7/1/96
PERIODIC PAYMENT
Entered payment:
Calculated payment: $10,625,00
CALCULATIONS
Use payment of: $10,625.00
1 st payment in table: 1
The table uses the calculated periodic payment amount.
unless you enter a value for "Entered payment."
Beginnmg balance at payment 1:
Cumulative interest prior to payment 1:
$42,500.00
$0.00
EE!h1
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Payment Beginning Ending Cumulative
No. lJ:lte Balance Interest Principal Balance Inlerest
1 7/1/96 42,500,00 0,00 10,625,00 31,875.00 0,00
2 7/1/97 31,875,00 0,00 10,625,00 21,250,00 0,00
3 7/1/98 21,250,00 0,00 10.625,00 10.625,00 0,00
4 7/1199 10,625,00 0,00 10,625,00 0,00 0,00
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December 14, 1994
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Office of the Mayor
CITY HALL
John M. Clise
MAYOR
BG ~J~~;~t 6g~:; ,~?2~}J;~\E;;;;';
PORT TOWNSEND. WA 98368
(360) 385-3000
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Robert Hinton, Chair
Jefferson County Board of County Commissioners
P.O. Box 1220
Port Townsend W A 98368
Dear Commissioner Hinton:
DEG 15 i824
--:EF;:.=~SOjtJ L_ _ . :'/
':;' ''=:.IG '.ft}OPY2. ;::;;::;:--
This is in follow up to my December 6 letter to you regarding the City's desire to purchase
the property owned by the County near the Back Alley Tavern.
We have received a satisfactory agreement from all the surrounding property owners and are
hereby removing that contingency from our offer.
As earlier communicated, the City is ready to purchase the property and we respectfully
request the :property be removed from the auction sale.
If there are any questions, please let me know. Thank you.
0:
cc: City Council
Tim McMahan
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15:14 JEFF CO COMMISSIONER
P.Ol
December 6, 1994
20638'59382
MAYOR
PORT TOWNseND. WA 93388
(360) 385-3000
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DEe 0 7 1994 -,
Robert Hinton, Chair
Jefferson County Board of County Commissioners
P.O. Bo~ 1220
Port Townsend W A 98368
Dear Commissioner Hinton;
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At last night's City Council meeting, the Council asked me to write the Board of County
Commissioners regarding the property the County owns near the Back Alley Tavern.
Pursuant to our conversation, thc Council is making an offer to purchase the propcrty for
75 % of its assessed value (approltimately $42,500), to be paid in four equal annual payments.
The first payment will be due at closing which will be any time after January IS, 1995.
Subject to clean title and title warranty, the only contingency is that the City have an
agreement signed by all surrounding property owners satisfactory to the City not later than
Wednesday, Decembcr 14, 1994. We would inform you as soon as the agreement is in
place.
With this letter, we request that you remove the property from the proposed auction sale,
providing we notify you of the above-referenced agreement with the property owners before
5 p.m. on December IS, 1995.
Thank you for your consideration.
cc: City Council
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
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P.O, Box 2070
1322 Washington Sf.
Port Townsend, WA 98368
(360) 385-9160
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Klara A. Fabry, Director/County Engineer
MEMORANDUM
To: David Goldsmith, Deputy Public Services Director
From: ~ ~~Ri9ht of Way
Date: ~ril-25;1B96--_____
Re: Deed of Trust and Promissory Note for the sale of the
"Back Alley" property to the City of Port Townsend
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Attached for your review as requested, please find the above referenced
documents as specified by the Prosecutor's office for this transaction. Please
review them to ensure they fulfill the requirements of this sale,
Upon discussing this issue with Bob Hinton, since the terms are for four years,
no interest will be charged unless the City were to default (see Promissory
note), I have also attached copies of the letters from Mayor Clise confirming the
terms of the sale, which I received from your office.
If any corrections are necessary, please return the documents to me, if not
please submit them to the Prosecutor's office for legal review and than to the
Board for their review and approval. OJ-
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Enclosures
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100% Rocyclorl PilflOI
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Robert Hinton, Chair
Jefferson County Board of County Commissioners
P.O. Box 1220
Port Townsend W A 98368
Dear Commissioner Hinton:
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Office of the Mayor
CITY HALL
John M. Clise
MAYOR
PORT TOWNSEND. WA 98369
(360) 385-3000
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DEC 15 i22:J
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This is in follow up to my December 6 letter to you regarding the City's desire to purchase
the property owned by the County near the Back Alley Tavern.
We have received a satisfactory agreement from all the surrounding property owners and are
hereby removing that contingency from our offer.
As earlic;r communicated, the City is ready to purchase the property and we respectfully
request the :property be removed from the auction sale.
If there are any questions, please let me know. Thank you.
~
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Tim McMahan
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JEFFEHoON COUNTY
PUBLIC WORKS DEPT.
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CITY HALL
RECEIVED
John M. Clise
MAYOR
PORT TOWNSEND. WA 983S8
(360) 385,3000
December 6, 1994
DEe 07 1994
Robert Hinton, Chair
Jefferson County Board of County Commissioners
P.O. Box 1220
Port Townsend W A 98368
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Dear Commissioner Hinton:
At last night's City Council meeting, the Council asked me to wr the: Board of County
Commissioners regarding the property the County owns near the Bac:, Alley Tavern.
Pursuant to our conversation, the Council is making an offer to purchase the property for
75% of its assessed value (approximately $42,500), to be paid in four equal annual payments.
The first payment wilI be due at closing which wilI be any time after January 15, 1995.
Subject to clean title and title warranty, the only contingency is that the City have an
agreement signed by all surrounding property owners satisfactory to the City not later than
Wednesday, December 14, 1994. We would inform you as soon as the agreement is in
place.
With this letter, we request th~t you remove the propertYJrom the proposed auction sale,
providing we notify you of the above-referenced agreement with the property owners before
5 p.m. on December 15, 1995.
Thank you for your consideration.
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Jefferson County
Board of County Comm;ssioners
P.O. Box 1220
Port Town..nd. W..hlngton 88368
Phone (2IlS) seS-.l00 . 1-41JOo831.ze78
ftODERl' H. HlN1ON. DlSTRlCr 1 GLfI' HUNTmGFORD, OIIlTRICT 2
R1CHARO E, WOIT, DISTAlCT 1I
August 19, 1994
Doug Mason
Department of Public Works
5210 Kubn Slreet
Port Townsend. Wa 98368
RE: Surplus Property
Dear Mr, Meson,
I am in receipt of your lener to Lorna Delaney concerning the City's ellpressed interest in the County
surplus property. In your lelter you said you were somewhat confused aooutthe Back Alley property and the
value the County places on il. I thought I WItS fairly specific about the val\I'C of lhe property, the option I was
trying to aplore was how to fund Its acquisition, In order to set the record straight and hopefully reduce lbe
confusion let me reiterate lbe County's offer of sale.
The property is valued in eKCess of $56,000 by the Jefferson County Assessor (less than that whiCh it
would fee appraise for), The minimum bid the County would accept in public auction is 15% of that value
or just over $42,000. The value of the property lQ lhe Cily is to continue its use for public parking. The City
allows a fee-in.lieu provision to satisfy tbe parking requirements of new developments. These fcc's are
..,rmarlced for the provision of public parking. Applying the per spoee fee-in.lieu formula to lIIe number of
spaces provided by this property, the value of the property is in excess of $42,000. The City in its offer used
this fee-in.lieu formula ond deducted site developmenl coSIS. However, if the Clly were to purchase lbe
property from a prlvale party, the site development coslS would be in addition to the fair market value or tbe
raw ground not deducled Iberefrom.
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Oiven the above, the County is of lbe opinion tbat the prDpcrty should be valued al the minimum expected
to be received in public auction, $42,000. Aner speaking with the budget manager, the County TSCDSurer and
members of the Boord of Commissioners, it appears the cleanest way for Ibe City to acquire Ibe property is
by casb ~elllemenl, rather tban some other melhod of payment.
I hope Ihis c1.rlfies the County's posllion on this property, Let me know if you need additional
infonnalion. AflCr you have had a cbance to review Ihls lelter with the: Mayor and others, please let me know
.r.., a,y" I..,.., " "'~'" Kq'."'" .r... :Q~~
Director of Communlly Services
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360/385.7212
3601365-7675 FAX
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JEFFERSON COUNTY PROSECUTING ATIORNEY
Courthouse - P.O. Box 1220
Port Townsend, Washington 98368
Telephone (360) 385-9180 FAX (360) 385-0073
Paul McIlrath, Chief Deputy
Walter H, Perry, Deputy
Juelie DalzelI, Deputy
Richard Suryan, Deputy
MEMORANDUM
TO:
IWV ;~ !. 1395
FROM:
Gary Rowe I~f
David Skeen "'/-J('
RE:
"Back Alley" Property Purchase
DA'.rE :
November 20, 1995
The proposal contained in the November 14, 1995, letter by
Doug Mason meets the legal requirements for completing the sale.
Eileen should prepare the sale documents for my legal review. I
assume the BOCC has already made the policy decision regarding the
sale of this property but I have not received any actual notice of
that fact.
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November 14, 1995
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David Skeen, Esq,
Jefferson County Prosecuting Attorney
P,O. Box 1220
Port Townsend WA 98368
.JEFFERSON COUNTY
PROSECUTING ,4.TTORNEY
Re: "Back Alley" property purchase
Dear Mr. Skeen:
Thank you for your letter dated November 9, 1995.
The BOCC decided to sell the above-referenced property more than two years ago and
included it on a list of surplus properties to be sold at public auction in December, 1993.
By agreement between the City and the BOCC, certain surplus properties within the
municipal boundaries were identified prior to the auction date as being suitable for
further negotiations between the City and the County. As a result of the negotiations,
several of those parcels have been conveyed to the City; the most recent conveyance
was the property on 35th Street.
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The so-called "Back Alley" property, portions of Lots 6 and 8 in Block 40 of the Port
Townsend Original Townsite adjacent to City-owned land, is the last of the properties
which were the subject of the negotiations. At this point, I believe the BOCC needs only
to approve the terms of the sale. It is certainly clear that it has already been decided
that the property would be sold and, according to my correspondence with David
Goldsmith, there was agreement that the price would be $42,000, as reflected in the
draft Real Estate Contract you reviewed previously.
If it is your recommendation that the County convey title to the City subject to a deed of
trust to secure the repayment of a promissory note, that would be acceptable to the
City, I would propose that there be a cash payment of $8,400 (20% of the purchase
price) at closing and that the remaining balance of $33,600 be reflected in a promissory
note to bear interest at 8%, fully amortized over 15 years by way of quarterly payments
in the amount of $966,60, I have enclosed an amortization schedule consistent with the
foregoing,
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November 14,1995
Page 2
The City would like to complete the transaction no later than December 31, 1995. It is
my understanding from your letter that a County employee will prepare the necessary
documents when the sacc has approved the terms of the sale, If there is anything I
can do to be of assistance in this matter, please do not hesitate to contact me,
Dou ason
Property Acquisition Consultant
cc: Gary Rowe
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Number Principal Interest Loan Balance
1 294,60 672.00 33305.40
2 300,49 666,11 33004.91
3 306.50 660,10 32698,41
4 312,63 653.97 32385.78
5 318.88 647,72 32066.90
6 325.26 641,34 31741.64
7 331.77 634.83 31409.87
8 338.40 628.20 31071.47
9 345,17 62l. 43 30726.30
10 352.07 614.53 30374.23
11 359,12 607.48 30015,11
12 366.30 600.30 29648.81
13 373.62 592.98 29275.19
14 381.10 585.50 28894.09
15 388.72 577.88 28505.37
16 396 .49 570.n 28108.88
17 404.42 562.18 27704.46
18 412.51 554.09 27291.95
19 420.76 545.84 26871.19
20 429.18 537.42 26442.01
21 437.76 528.84 26004.25
22 446.51 520.09 25557.74
23 455.45 511.15 25102.29
24 464.55 502.05 24637.74
25 473.85 492.75 24163.89
26 483.32 483.28 23680.57
27 492.99 473 .61 23187.58
28 502.85 463.75 22684.73
29 512.91 453.69 22171.82
30 523,16 443.44 21648.66
31 533.63 432.97 21115.03
32 544.30 422.30 20570.73
33 555.19 41l.41 20015.54
34 566.29 400.31. 19449.25
35 577.61 388.99 18871.64
36 589.17 377.43 18282.47
37 600.95 365.65 17681.52
38 612.97 353.63 17068.55
39 625,23 341.37 16443.32 It
40 637.73 328.87 15805.59
41 650.49 316.n 15155.10
42 663.50 303.10 14491. 60
43 676.77 289.83 13814.83
44 690.30 276.30 13124.53
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Number Principal Interest Loan Balance
45 704.11 262.49 12420,42
46 718,19 248,41 11702.23
47 732.56 234.04 10969.67
48 747,21 219,39 10222.46
49 762.15 204.45 9460,31
50 777.39 189,21 8682,92
51 792,94 173.66 7889.98
52 808,80 157.80 7081.18
'53 824.98 141.62 6256.20
54 841.48 125.12 5414.72
55 858.31 108.29 4556.41
56 875.47 91.13 3680.94
57 892.98 73.62 2787.96
58 910.84 55.76 1877.12
59 929.06 37.54 948.06
60 :,J. 948.06 18.96 0.00
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David Skeen
JEFFERSON COUNTY PROSECUTING ATIORNEY
Courthouse - P.O. Box 1220
Port Townsend. Washington 98368
Telephone (360) 385.9180 FAX (360) 385-0073
Paul Mcllrath, Chief Deputy
Walter H. Perry, Deputy
Juelie Dalzell, Deputy
Richard Suryan. Deputy
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MEMORANDUM
TO:
Gary Rowe, Public services Director
David Skeen, Prosecuting Attorney ~
"Back Alley" property
FROM:
RE:
DATE:
March 29, 1.995
I have reviewed the proposed contract for the purchase of the
property in question and find it unacceptable. The contract
submitted by the City does not provide for a promissory note and
deed of trust to secure the debt due to the County; it has
several references to structures or buildings when this property
is bare land; does not mention or refer to any appraisal as the
basis for the selling price, which I believe is necessary prior
to the time the property may be sold by the county; and does not
provide the amortization table of payments. In general, this
proposed contract is not acceptable as to form or content.
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RECORDATION REQUESTED SY:
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AFTER RECORDATION, RETURN TO:
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REAL ESTATE CONTRACT
THIS AGREEMENT, made this _ day of .19_,
by and between JEFFERSON COUNTY, a political subdivision of the State of Washington,
whose mailing address is P,O. Sox 1220, Port Townsend WA 98368, hereinafter called
"Seller", and THE CITY OF PORT TOWNSEND, a Washington municipal corporation and
statutory city of the third class, with a mailing address at 540 Water Street, Port Townsend
WA 98368, hereinafter called "Purchaser,"
WITNESSETH THAT:
I. TERMS OF PURCHASE AND CLOSING
1.1 Sale and Purchase. Seller agrees to sell to Purchaser and Purchaser agrees
to purchase from Seller, for the consideration below stated and on the terms, covenants
and conditions contained in this Agreement, and subject thereto, all of the real property
described in the attached Exhibit "A" which is incorporated into this Agreement by this
reference (said property is referred to in this Agreement as "the premises" for
convenience). Title to the premises shall be conveyed to Purchaser by a Statutory
Warranty Deed in the form attached to this Agreement as Exhibit "S",
1.2 Purchase Price. Purchaser promises to pay to Seller the principal sum of
FORTY-IWO THOUSAND AND NO/1oo DOLLARS ($42,000.00) legal tender, as follows:
(a) Down Payment. The sum of EIGHT THOUSAND FOUR HUNDRED and NO/100
DOLLARS ($8,400.00) . the receipt of which is hereby acknowledged by Seller;
(b) Installment Payments and Interest. The THIRTY-THREE THOUSAND SIX
HUNDRED AND N0/100 DOLLARS ($33,600.00) balance of the purchase price, together
with interest at the rate of eight and one-half percent (8.5%) per annum, fully amortized
over ten (10) years measured from the first day of the month next succeeding the date of
this Agreement, shall be payable in annual installments of _'
1.3 Application of Installment Payments. Each of said installment payments shall
upon receipt be applied by Seller or collection agency, if any, toward the following
obligations of Purchaser hereunder in the order indicated: interest on the indebtedness
computed as aforesaid; the repayment of any advanced costs, as dofined in paragraph
3,5 below; and the balance, if any, to principal.
1.4 Prepayment. If Purchaser is not in default hereunder, Purchaser may prepay
the entire principal balance, or any part thereof on any payment date before maturity;
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provided, however, that any partial prepayment will not result in the deferment of any
subsequent installment payment.
1,5 Collection Account. A collection account may be established and maintained
during the term of this Agreement with a collection agency ("the Agent") which is
acceptable to Seller and Purchaser, the annual costs of which shall be paid by Purchaser,
All payments required to be made by Purchaser to Seller under this Agreement shall be
made to the Agent for the account of Seller, The agreement with the Agent shall provide
that the Agent give to Seller and Purchaser a year-end statement of disbursements,
1.6 Final Closing. The date upon which Purchaser fully performs Purchaser's
obligations hereunder shall be the date of final closing, The final payment by Purchaser
shall be made as a part of the final closing, and shall include a final escrow in which the
performance then due from each shall be made simultaneously; Charter Title Corporation
shall hold the fully executed statutory warranty deed for recording as a part of the final
escrow,
STANDARD PROVISIONS
II. COVENANTS OF SELLER
Seller, in consideration of the premises, the payments made and to be made by
Purchaser and the covenants of Purchased contained in this Agreement, covenants and
agrees:
2.1 Quiet Possession. That Purchaser shall quietly enjoy possession of the
premises and all rights, privileges, easements and appurtenances thereto from and after
the date of possession (the date of this Agreement unless otherwise specified), and shall
have all rents, issues and profits associated with the premises so long as Purchaser
observes and performs all of Purchaser's obligations under this Agreement.
2.2 Title. At the time of final closing, Seller shall convey and deliver title to the
premises. Seller shall, at Seller's expense, cause to be promptly executed and delivered
to Purchaser, with all necessary consents, a statutory warranty deed of the property. All
such documents shall convey all of the property to Purchaser free and clear of all liens and
encumbrances, except as specifically set forth in Exhibit "A" and except as may have been
made, suffered or permitted by Purchaser from and after the date of this Agreement, and
shall be in form acceptable for recording in the State of Washington. If a holding escrow
has been utilized, then the holding escrow company shall deliver the executed deed upon
notification by the Agent that this Agreement has been satisfied and paid in full.
2.3 Evidence of Title. If requested by Purchaser, Seller shall also deliver to
Purchaser as part of the final closing hereof, at Seller's expense, a certificate from a
, reputable title company doing business in the State of Washington, insuring or certifying .
Purchaser to have marketable title to the premises, subject only to the exceptions
permitted by this Agreement.
(a) Security Interests. Seller may create no future security interests in the premises
on or after the date of this Agreement. The rights of Purchaser under this Agreement with
respect to the premises shall be superior to the right of any secured party under a security
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REAL ESTATE CONTRACT
Page 2
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interest created after the date of this Agreement and, upon full performance by Purchaser
of the obligations created by this Agreement, the title to the premises conveyed to
Purchaser shall automatically be free and clear of any such security interest.
(b) Release of Security Interest on Final Closing; Right to Assume Security
Interest. Seller shall in any event pay in full any obligation secured by any security interest
set forth in Exhibit "A", or by any security interest not disclosed to Purchaser and now
encumbering the property, and any security interest encumbering the premises after the
date of this Agreement, and Seller shall obtain and record in the records of the county in
which the premises are situated a release of the same prior to or at the final closing;
provided, however, that Purchaser shall have the right with the consent of any secured
party to pay this Agreement in whole or in part at the time of final closing by the
assumption of any then existing security interest. Purchaser's assumption of a security
interest shall be subject to a release of Seller from liability under any security interest
being assumed and Purchaser shall pay any assumption fees or charges arising from such
assumption.
(c) Compliance with Environmental Laws. To'the best of Seller's knowledge, (i)
during Seller's ownership of the premises, the premises have been maintained in
compliance with all federal, state and local environmental protection, similar laws,
ordinances, restrictions, and licenses; (ii) no hazardous substance (as that term is used
in the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. ss 9601 et seq., as amended) is or has been produced, stored or disposed of on
the premises; and (iii) Seller has no notice of any pending or threatened action, claim or
proceeding under environmental laws arising out of the condition of the premisos or
conditions thereon.
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III. COVENANTS OF PURCHASER
Purchaser, in consideration of the premises and the agreements and covenants of
Seller, hereby covenants and agrees:
3.1 Taxes, Assessments and Other Charges. Purchaser shall from the date of this
Agreement pay directly all assessments of every kind, and all sewer and water rates,
refuse charges, and all rates, charges and other similar impositions which shall after the
date of this Agreement be legally payable upon or with respect to the premises, or their
use, whether charged against Seller or Purchaser, and Purchaser shall hold Seller fully
harmless.
3.2 Insurance.
(a) Fire Insurance. Purchaser shall obtain insurance and keep insured and pay all
premiums on such insurance directly, unless otherwise provided herein, all improvements
, now on or hereafter built or placed upon the premises to the full extent of the full
replacement vaiue against loss or damage by fire and such other perils specified in the
customary broad form Insurance policy in use in the State 0'/ Washington for similar
property. If personal property Is included in the sale, the personal property shall be
insured to its full insurable value.
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(b) liability Insurance. Purchaser shall maintain comprehensive public liability
insurance covering injury, death, loss, and damage to persons and property occurring on
or about the premises in an amount usual for property such as the premises.
(c) General Requirements Applicable to Fire and Liability Insurance, All insurance
policies shall name Seller as an additional insured party, Purchaser shall procure
endorsements on such policies requiring the insurance company to give Seller thirty (30)
days advance written notice of any cancellation or material change of insurance and thirty
(30) days advance written notice of non-renewal of the policy, and to forward to Seller
copies of all endorsements issued after the date of such policies, The policies and
premium receipts or other evidence of insurance shall be deposited with Seller. In the
event of loss or damage to improvements, the proceeds of insurance shall be applied by
Purchaser, at Seller's option, to repair or rebuild all improvements which have been
destroyed or damaged or to reduce the indebtedness under this Agreement. This
Agreement constitutes and Purchaser acknowledges receipt of written notice that
Purchaser is free to procure any insurance required to be carried by Purchaser under the
provisions of this Agreement from any insurance company authorized to do business in the
State of Washington.
3.3 Assignment. Purchaser may not assign any of the interest of Purchaser in this
Agreement without first obtaining Seller's consent in writing to such assignment; Seller
may not unreasonably withhold such consent. If the premises are sold or transferred, in
whole or in part, without first obtaining Seller's consent, all sums due Seller pursuant to
this Agreement shall be immediately due and payable to Seller. In such event, Purchaser
agrees that a lien shall be created and exist against the proceeds of any such sale or
transfer, such lien to arise automatically pursuant to this Agreement and without any action
on the part of Seller.
3.4 Alterations; Improvements. Purchaser may commence construction and make
alterations on the premises during tt1e term of this Agreement; provided, that Purchaser
shall not cause, authorize or permit any mechanic's or materialmen's liens to be placed on
the premises.
3.5 Payments Made At Option of Seller. If Purchaser fails to pay any
assessments, rates or charges, or fails to make any other payments required to be made
by Purchaser or fails to keep in force all Insurance on improvements as required ,by this
Agreement or fails to discharge any of the liens covered by Paragraph 3.9 or fails to
observe or perform any other term, covenant or condition to be opserved or performed by
Purchaser hereunder, then, and in any such event, Seller may make good Purchaser's
default and claim and recover from Purchaser upon written demand all of Seller's costs
and expenses ("advanced costs"), including reasonable attomey's fees. If advanced costs
are not paid within fifteen (15) days of demand, all unpaid advanced costs of Seller may,
at the option of Seller, upon written notice to Purchaser, be added to and considered as
part of the purchase price of the premises.
3,6 Repairs. Purchaser shall well and substantially repair, maintain, and keep all
buildings and other improvements now on or erected or placed upon the premises after
the date of this Agreement in good repair, order and condition.
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REAL ESTATE CONTRACT
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3,7 No Unlawful Usage; No Waste, Purchaser may not use the premises or allow
any other person to use the premises for or in connection with any unlawful purpose, and
may not commit or suffer any strip or waste of the premises or any of the improvements,
3,8 Compliance with all Laws, Purchaser shall faithfully observe, perfonn and
abide by all laws, governmental ordinances, and rules and regulations applicable to the
premises, including but not limited to all lawful requirements of any governmental health
authority of the county in which the premises are situated,
3,9 Attachment. Purchaser may not commit any breach of any covenant or
condition contained in this Agreement or do or suffer any act or negligence whereby the
premises or any interest in the 'premises become liable to seizure, lien or attachment upon
mesne or final process of law, whether in bankruptcy, reorganization, rearrangement,
assignment for benefit of creditors, foreclosure or otherwise..
3.10 Indemnity. Purchaser shall indemnify Seller, against all expenses and claims
of every kind relating to the following:
(a) Failure of Purchaser to perfonn or comply with any of the tenns of this contract;
(b) Materialmen's or mechanic's liens filed against the premises as a result of
improvements to the premises undertaken by the Purchaser; and
(c) Injury to or death of a person or loss or damage te property occurring on the
'premises or arising from any condition or use of the premises, except as to such injury,
death, loss or damage due to Seller's own negligence. Purchaser also agrees to pay on
behalf of Seller all such expenses, liabilities, and claims, including any amounts which
Seller reasonably agrees to pay in settlement and all charges, including reasonable
attorney's fees, reasonably incurred in connection with the defense of any action to which
Selle~ is made a party with respect to which Seller is entitled to indemnification hereunder.
IV. SELLER'S REMEDIES UPON DEFAULT OF PURCHASER
4.1 Default of Purchaser. A default or breach of this contract by the Purchaser
shall occur upon the happening of any of the following events:
(a) Substantial Delay in Making Payments. Purchaser fails to pay any of the said
installments of the purchase price and or interest as aforesaid or fails to make any other
'required payment within thirty (30) days of the date the same shall be due and payable as
aforesaid; or
(b) Failure to Perform as Agreed. Purchaser fails to faithfully observe or perform
any term, covenant, agreement or condition herein contained and on the part of Purchaser
to be observed and/or performed, then, and in any such event, if Purchaser, after receiving
written notice from Seller of such default, does not cure the same within thirty (30) days
thereafter, Seller may, at the option of Seller, exercise anyone or more of the remedies
, set forth in this Agreement. If any non-money default is capable of being cured but cannot
be cured within said thirty (30) day period; no default may be deemed to have occurred if
Purchaser commences within said thirty (30) day period to cure the default and thereafter
diligently pursues such cure; or '
(c) Other Acts Constituting Default. The provisions of paragraph 4. i (b) above
notwithstanding, if Purchaser becomes bankrupt or insolvent, or seeks protection under
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any provision of any Bankruptcy Act, or makes any assignment for the benefit of creditors,
or if Purchaser abandons or threatens to abandon said premises, or suffers the premises'
to be taken under any writ of execution, or other legal process, Purchaser shall thereupon
be deemed to be in default and Seller shall immediately, without further notice or demand,
have the right to the remedies set forth in this Agreement.
4,2 Seller's Remedies. Upon the occurrence of any default, as defined in 4,1 (a),
4,1 (b), a". 4,1 (c) above, and the continuance of such default beyond the period(s) set forth
above, Seller may take any of the following courses of action, at Seller's option:
(a) Suit for Damages. Without any further notice or demand, bring an action
against Purchaser for damages for breach of this Agreement; or
(b) Tender a Document of Conveyance. Upon fifteen (15) days written notice,
declare immediately due and payable all sums of money due hereunder, including the
prepayment penalty if default occurs during the period specified in this Agreement above,
and upon the tender of the documents of conveyance required, sue Purchaser therefor;
or
(c) Cancellation. Cancel and render void all right, title and interest of Purchaser
in this Agreement and in the premises, as follows: (i) Cancellation shall be effected by
giving written notice of Seller's intent to cancel this Agreement and declare a forfeiture of
the Purchaser's interest in accordance with Washington law. If this contract is recorded,
Seller may at any time frfteen (15) days after the giving of such notice, record in the official
records of the county in which this Agreement is recorded an affidavit that such notice has
'been given as aforesaid and a record of Seller's intent to cancel this Agreement, as
provided by Washington law. Upon the expiration of ninety (90) days from the giving of
notice in accordance with Washington law, if the default(s) then remain fully uncured,
Seller may record a declaration stating that this Agreement will be cancelled and the
Purchaser's interest in this Agreement forfeited, as provided by Washington law. (ii) No
cancellation of this Agreement may be valid if cancellation would result in an
unconscionable forfeiture of Purchaser's interest in the premises, as determined by a court
of competent jurisdiction. (iii) If Seller elects to cancel this Agreement and if, at the time
$eller so notifies Purchaser, Purchaser has paid to Seller twenty percent (20%) or more
of the purchase price stated in Paragraph 1.2 of this Agreement, then and in such event
Seller shall be required to sell Purchasers interest in this Agreement and in the premises.
(d) Retum of Amounts Paid. In the event of cancellation of this Agreement as
aforesaid, Seller may retain all payments made by the Purchaser in settlem~nt of any
depreciation of the value of the premises and as and for Seller's inability to sell the
premises free and clear to a third party while the premises were in the possession of the
Purchaser and as and for an agreed upon rental for the use and possession of said
'premises and as liquidated damages, but may not retain such amount as would constitute
an unreasonable and excessive liquidation of damages under the circur'('lstances. If Seller
returns to the Purchaser cash in an amount in excess of a reasonable liquidation of
damages of Seller in the circumstances, neither retention of the remainder, nor
cancellation of this Agreement may be deemed an unreasonable liquidation of damages
or a penalty.
REAL ESTATE CONTRACT
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(e) Recovery of Possession. In the event of default, Purchaser's right to
possession of the premises shall cease and terminate and without legal proceedings and
without permission of Purchaser, Seller shall be entitled to re-enter the premises and take
possession thereof, In the event that Purchaser remains in possession of the premises
after this Agreement is cancelled as aforesaid, Purchaser shall as of the date of
cancellation, be deemed to be a tenant-at-will of Seller and shall be obligated to pay
during the period of such tenancy a fair rental value of the premises, Seller shall have all
remedies for the collection of such rent and for recovering possession of the premises
available to landlords under the laws of the State of Washington, including the right to
institute an action for summary possession as provided in the Landlord-Tenant Act of
1973, as amended from time to time,
(f) Seller's Election to Treat Agreement as Mortgage. Seller may sell the premises,
or any portion or portions thereof, as if Seller were a mortgagee of the premises, by judicial
sale or at public auction under power of sale in the State of Washington, in the manner
provided from time to time by applicable Washington statutes relating to the foreclosure
of mortgages. In so doing, Seller may make, execute and deliver, either in Seller's own
name or as attomey-in-fact for Purchaser, for which purpose Seller is hereby irrevocably
constituted and appointed, with the power of substitution, to the buyer or buyers at such
sale or sale a good and sufficient instrument conveying the premises free and clear of the
provisions of this Agreement. Seller may purchase the premises or any part thereof at any
such sale or sales, and any such sale shall forever bar Purchaser and all persons claiming
by, through or under Purchaser from all right and interest in the premises, both at law and
in equity. The buyer at any such foreclosure sale shall not be required to see to the
application of the purchase money, or to inquire into the propriety of Seller's exercise of
the power of sale herein given. The proceeds of such sale shall be applied as follows:
first, to the costs and expenses of the sale, together with a reasonable attomey's fee for
Seller's attomey; second, to the payment of all disbursements that may be made by Seller
in respect of the premises, including taxes and insurance thereon and repairs thereof and
other outgoings; third, to the payment of the balance of said purchase price and interest
and all other sums owing to Seller hereunder then remaining unpaid; and finally, the
balance, if any, shall be paid to Purchaser. If the moneys received from any such sale or
sale be insufficient to make all payments hereinabove mentioned, the Purchaser shall be
liable to Seller for such deficiency out of Purchaser's own money, and Seller shall have the
right to make demand, and if not satisfied, to sue for and recover such deficient amount.
(g) Other Remedies Reserved; Election and Waiver. Seller may pursue anyone
or combination of the foregoing or any other or further legal or equitable remedies
available to the end that Seller shall be made whole. The pursuit of anyone or more of
, the remedies set forth above shall not constitute an election or waiver of Seller's rights to
enforce any other remedy for any default on the part of Purchaser.
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V. REMEDIES OF PURCHASER
In the event Seller breaches or defaults in any covenant or obligation of Seller
hereunder, Purchaser may bring an action against Seller for specific performance of this
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REAL ESTATE CONTRACT
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Agreement and/or pursue such other remedy as may be allowed at law or in equity, all
toward the end of making Purchaser hereunder whole, and shall be entitled to all costs
incured in connection therewith, including reasonable attorney's fees, If Seller becomes
bankrupt or insolvent or if any receiver, trustee or controller is appointed to supervise or
receive the premises under any federal or state bankruptcy or insolvency law, all of the
legal title of Seller to the premises sold hereunder shall at sucl1 ti:ne vest in and be the title
and property of Purcl1aser, subject to a purcl1ase money mortgage in Seller for the balance
of the moneys owed by the Purchaser to Seller hereunder, and Seller's remedies
hereunder shall be limited to the remedies of a mortgagee,
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VI. MUTUAL AGREEMENT, OBLIGATIONS, COVENANTS AND CONSTRUCTION OF
THE AGREEMENT
It is mutually understood and agreed as follows:
6.1 Title. Except as otherwise expressly provided in Article V herein, legal title to
the property shall remain in Seller until the final closing.
6.2 Risk of Loss. The provisions of the Uniform Vendor and Purchaser Risk Act
are by this reference incorporated herein and made a part hereof for all purposes.
6.3 Place of Payments, Unless otherwise expressly provided herein, all payments
required to be made to Seller by the Purchaser shall be made at the address of Seller set
forth hereinabove or at such other address as Seller shall from time to time notify the
Purcl1aser in writing. Seller and Purcl1aser may agree to the establishment of a collection
account, in which case all payments shall be made to such account.
6.4 Inspection. Upon the giving of reasonable notice in writing, Seller shall have
the right to make reasonable inspections of the premises to determine whether the
Purchaser is complying with this Agreement.
6.5 Condemnation. In the event that the premises, or any part thereof, are
condemned, either Seller or Purchaser, or both of them, may appear and defend any
condemnation suit, and alJ proceeds paid to Seller and Purcl1aser shall be applied first to
the payment of costs and reasonable attorney's fees of Seller in such condemnation suit
and then to the payment of all monies owed by Purcl1aser to Seller hereunder; any surplus
remaining shall become the property of Purchaser. Condemnation of the premises or any
part thereof shall not constitute grounds for the rescission of this Agreement.
6.6 Costs and Attorney's Fees. If any party hereto shall ever be in default with
respect to this Agrl':lement, and the party not in default shall incur costs or employ an
attorney to make any demand or to otherwise protect or enforce such party's rights
hereunder, or if any party shall, without any fault on the part of sucl1 party, be made a party
to any litigation, including without limitation any bankruptcy or insolvency proceeding, but
, excluding any condemnation proceeding commenced by or against the other party, the
party in default shall pay all costs and expenses incurred by the other party, including
costs of court and reasonable attorney's fees.
6.7 Consents, Whenever the consent of either party is required herein, such
consent shall not be unreasonably or arbitrarily withheld or delayed and no payment of
REAL ESTATE CONTRACT
Page 8
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money or other consideration shall be required, except the reasonable cost of processing
such consent.
6,S Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of Seller and Purchaser and their respective estates, heirs, personal
representatives, legal representatives, successors in interest, and permitted assigns,
6,9 Definitions; Rules of Construction, This Agreement shall ,'e construed and
interpreted in accordance with the following definitions and rules of construction:
(a) "P'emises" means and includes the land described in said Exhibit "A" and
the improvemer.ls, repairs, replacements, and additions thereto, and all rights, easements
and appurtenances, as well as any personal property referred to in said Exhibit "A".
(b) "Lease" means and includes a sublease; "Leasehold interest" means and
include a sublease hold interest; and "Lessor" and "Lessee" means and includes
sublessors and sublessees.
(c) "Security interest" means and includes an encumberance and/or lien against
the premises to secure the fulfillment of one or more obligations, including but not limited
to the obligation to pay money under a promissory note, whether arising out of a mortgage,
deed of trust, real estate contract, or any other security interest created by a written
security instrument; 'Secured party" means and includes a mortgagee, a beneficiary under
a deed of trust, a vendor in a real estate contract, and a holder of a security interest
created by a written security instrument
(d) Gender and Number. The use of any pronoun means and includes the
singular or plural, the masculine, feminine, or neuter, as the case and context may require.
(e) Obligations Joint and Several. All terms, covenants and conditions to be
observed and/or performed by Purchaser and Seller shall be joint and several if entered
into by more than one person or entity.
(e) Paragraph Headings. The paragraph headings are for convenience only,
and are not to be considered as controlling, enlarging or restricting the language or
meaning of the paragraphs to which they apply. '
(f) Conflicts with Non-Standard Provisions. In the event of any inconsistency
between a provision which precedes the Standard Provisions and a Standard Provision
itself, the former shall prevail and be deemed controlling.
6.10 Entire Agreement. This Agreement constitutes the entire agreement between
Seller and Purchaser and may not be modified except by an Instrument in writing signed
by Seller and Purchaser.
6.11 Notices, Any notice given by either party pursuant to this Agreeml3nt shall be
valid if in writing and personally delivered or if sent by registered mail, return receipt
requested, postage prepaid, to the last known address of the other party; not.ice shall be
( effective upon personal delivery or five (5) days after mailing. Either party may, in the
manner set forth for the giving of notices, give notice to the other party hereunder of any
change of address, and such address shall thereafter be deemed to be the last known
address of such party. If Seller or Purchaser is more than one person, notice to anyone
of such persons shall be sufficient.
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6.12 Severability, If any provision of this Agreement is held invalid, illegal or
unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect
the validity, legality, or enforceability of any other provision hereof.
6,13 Requirement of Timeliness; Choice of Law, Time is of the essence of this
Agreement. It is of the essence of this Agreement that Purchaser faithfully and punctually
pay to Seller all sums of money, including interest, coming due under this Agreement or
secured hereby, Purchaser shall faithfully and punctually observe and perfoml each and
every one of the Purchaser's undertakings hereunder, and shall in no way jeopardize the
premises or Seller's title therein or Seller's interest in this Agreement. This Agreement
shall be governed by and construed in accordance with the laws of the State of
Washington,
6.14 Tenancy of Purchaser. All right, title and interest of Purchaser in and to this
Agreement and the premises shall be deemed to be held by Purchaser in the tenancy set
forth hereinabove.
6.15 Hypothecation of Contract. Seller may assign or hypothecate Seller's interest
in this Agreement, but in such event, Purchaser may continue to make all payments due
hereunder to Seller until Purchaser receives written notice from Seller to make such
payments directly to such assignee or transferee, at which time Purchaser shall, make said
payments to such assignee or transferee, and all payments shall thereafter be made to
such assignee or transferee in the manner set for!.'"! as obligations of Purchaser hereunder.
6.16 Collection Agency. If, as provided in Section I of this Agreement, the parties
agree to appoint a collection agency to collect the payments required to be made by
Purchaser hereunder, then Purchaser and Seller hereby agree that any controversy
between the parties hereto involving the amount of any payment required to be made
hereunder, the timing thereof, and whether Purchaser has satisfied obligations with
respect to making payments hereunder, or if not, the amount then owing by Purchaser,
shall be determined by the Agent. In the avent, the Agent is not willing to make such
determination, then the Agent may appoint a party experienced in such matterS to make
such a determination, and the determination of such party shall be conclusive and binding
upon Seller and Purchaser. A judgment of the superior court in the county in which the
premises are situated may be rendered ba~ed upon such determination. To the extent
practicable, the arbitration of such controversies (other than the naming of arbitrators)
shall be govemed by the provisions of the arbitration statutes of the State of Washington.
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IN WITNESS WHEREOF, Seller and Purchaser have signed this Agreement the
day and year first above written.
JEFFERSON COUNTY
Robert Hinton, Member
Jefferson County Board of CO!!lmissioners
Glen Huntingford, Member
Jefferson County Board of Commissioners
Richard Wojt, Member
Jefferson County Board of Commissioners
"Seller"
THE CITY OF PORT TOWNSEND
John M . Clise, Mayor
Attest:
Michael Hildt, Acting City Clerk
"Purchaser"
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STATE OF WASHINGTON )
) ss,
COUNTY OF JEFFERSON )
On this _ day of ,19_, before me personally appeared Robert Hinton, Glen
Huntingford and Richard Wojt, to me known to be the entire body of the Board of Jefferson
County Commissioners that executed the foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said county for the uses and
purposes therein mentioned, and on oath stated that they are authorized to execute the
said instrument and that the seal affixed is the county seal of said county,
Witness my hand and official seal affixed the day and year first above written.
(signature)
(printed form of above)
NOTARY PUBLIC, State of Washington
Residing at
My commission expires:
STATE OF WASHINGTON )
) ss
COUNTY OF JEFFERSON )
On this _ day of ,19-, before me personally appeared JOHN M. CLlSE and
MICHAEL HILDT, to me known to be the Mayor and Acting City Clerk, respectively, of the
City of Port Townsend, the Washington municipal corporation that executed the foregoing
instrument, and acknowledged the said Instrument to be the free and voluntary act of said
municipal corporation, for the uses and purposes therein mentioned, and on oath stated that
they were authorized to execute the said Instrument.
( Witness my hand and official seal affixed the day and year first above written.
(signature)
(Printed form of above)
NOTARY PUBLIC, State of Washington
Residing at
My commission expires:
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EXHIBIT A
The North 100 feet of Lot 8 and the West 25 feet of the North 100 feet of Lot 6 in Block 40,
Original Townsite of Part Townsend, as per plat recorded in Volume 1 of Plats, page 1,
records of Jefferson County, Washington;
EXCEPTING THEREFROM the Northerly 12 feet of said real property.
END EXHIBIT A
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EXHIBIT B
RECORDATION REQUESTED BY:
UPON RECORDATION RETURN TO:
STATUTORY WARRANTY DEED
The Grantor, Jefferson County, a political subdivision of the State of Washington,
for and in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, conveys and
warrants to The' City of Port Townsend, a Washington municipal corporation, the real
property situated in Jefferson County, State of Washington, as described in the attached
Exhibit A, which is made a part of this instrument by this reference.
This deed is given in fulfillment of that certain real estate contract between the
parties hereto, dated ' and conditioned for the conveyance of the above
described property, and the covenants of warranty herein contained shall not apply to any
title, interest or encumbrance arising by through or under the purchaser in said contract,
and shall not apply to any taxes, assessments or other charges levied, assessed or
becoming due subsequent to the date of said contract.
Excise Tax Affidavit No.
Dated:
Robert. Hinton, Member
Jefferson County Board of Commissioners
Glen Huntlngford, Member
Jefferson County Board of Commissioners
Richard Wojt, Member
Jefferson County Board of Commissioners
Grantor
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Council Member Dan Harpole
Parks, Recreation and Property Committee
540 Water Street
Port Townsend, W A 98~68
June 5, 1995
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Robert Hinton
POBox 1220
Port Townsend, W A
Be, ,J:; rl? ~:5~;i:,;f~t;l;~ E;\2
Dear Robert:
There wiIl be a meeting at 4:00 PM on Thursday, June 29th at the City Hall Council
Chambers to discuss the 35th Street Park project. FoIlowing the meeting, at approximately 5:30
PM, there will be a walk through the site.
At the meeting we plan to discuss the foIlowing items:
~ where we are in the park development process
~ what is the time line from here forward
~ what volunteer needs and resources are available for this p.roject
Enclosed you wiIl find a copy Df the site plan. At the meeting there wiIl be a topographic
map of the site available as well.
I look forward to seeing you on the 29th.
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Sincerely,
l2t~ ;\MA-
Chair, Parks, Recreation and Properties Committee
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RECEIVED
MEMORANDUM OF UNDERSTANDING APR 0 C 1995
REGARDING LAND OWNED BY JEFFERSON COUNTY
WITHIN THE CITY OF PORT TOWNSEND JEFFERSON COUNTY
PUBLIC WORKS DEPT,
.JEFFERSON COUNTY, a political subdivision of the State of Washington ("the County"), and
THE CITY OF PORT TOWNSEND, a Washington municipal corporation ("the City"), enter
into this Memorandum of Understanding ("MOU") to memorialize their understandings with
regard to certain real property, lIS described herein, owned by the County and situated within the
municipal boundaries of the City,
1. The unplatted real property that is the subject Dfthis MOU is depicted in Attachment "A"
to the Quit Claim Deed,
2. The County previously identified the property as surplus land and included it on a list of
County-owned real property to be sold at public auction. The County Assessor has
determined the value ofthe property to be $60,000 and the County determined a minimum
acceptable auction bid price of $45,000 for the prDperty.
3. The County offered to negotiate with the City regarding the possible acquisition by the
City of County-owned real property within the municipal boundaries of the City.
determined by the County tD be surplus land.
4. In the course of the negotiations. the County and the City identified the property and
another tax parcel adjacent to the City's Sather Park as being particularly well-suited for
active recreational purposes, The County conveyed to the City the tax parcel adjacent to
Sather Park subject to a deed restriction that the land be used only for active recreational
purposes. The County and the City have continued their negotiations regarding the
property which is the subject of this MOU with the objective of developing a more
detailed plan conceming its utilization for active recreational purposes.
5.
During the negotiations regarding the property, the City has been guided by the
Comprehensive Parks and Recreation Plan adopted by the City Council in 1991 and
reaffirmed by the City Council by ResDlution No. 94-17, adopted February 7, 1994, In
accordance with that plan, the City has recognized the property as meeting a need for a
park in a developing neighborhood and has sought and received the input of those living in
the vicinity of the property through numerous public meetings called by the City Council's
Parks, Recreation and Property Committee. The City's Parks and Recreation Commission
has also actively participated in the evolution of a plan for the appropriate development of
the property for active recreational purposes,
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Memorandum of Understanding
Jefferson County / Port Townsend
Page: 2
6, The County and the City agree that the present and foreseeable future active recreational
needs, of the neighborhood can best be accommodated within the property by the
development of the following:
(a) a play field 2oo'x 350' suitable for use as a youth baseball, football and soccer practice
area, as well as other recreational activities;
(b) a basketball court 50'x 85',
(c) a children's play and picnic area of approximately 2,000 square feet;
(d) rest room facilities; and
( e) an off-street parking area.
It is further agreed that the sizing ofrest room facilities and off-street parking should be
determined based on actual use of the recreational facilities and, for this reason, no
specific size for either the rest room or parking facility is specified in this MOV.
7. Based on the foregoing, the City will act as lead agency for the SEP A process and will
also initiate the process necessary to appropriately rezone the property.
8. The County will be responsible for securing all necessary permits for any logging activities
within the property. The County will receive the proceeds from the sale of timber
resources within the property.
9. The timing of the development of the recreational facilities within the property as
described in paragraph 6 (a), (b) and (c), is dependent on the availability of volunteer labor
and the donation of equipment and materials. As of the date of this MOU, it is anticipated
that the clearing and grading of the play field and the construction of the basketball court
will be completed entirely by volunteers utilizing donated equipment and materials,
10. Prior to the end of 1995, the City will, at City expense, construct street improvements and
the infrastructure to extend sewer and water service to the property.
11.
The value of on-site and off.site improvement is estimated to be $37,000 in Phase I,
$59,400 in Phase II, and $67,900 in Phase m. Exhibit A to this MOU itemizes the
estimated value of improvements included in this agreement.
12. The City will be responsible for the operations and maintenance of the property and its
facilities.
13.
The County will convey the property to the City by a quit claim deed prior to
commencement of the construction of any facilities for which the City will a.~sume
operations and maintenance responsibilities. The deed conveying the property to the City
will contain a restriction that the property may be used only for active public recreational
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Memorandum of Understanding
Jefferson County / PDrt Townsend
Page: 3
purposes, but will be free of any liens or encumbrances which would render development
of the property for park and recreational purposes unfeasible.
14. The deed conveying the property to the City will also contain a reversionary clause to the
effect that title to the property will revert to the County if the recreational facilities, as
specifically described in paragraph 6 (a), (b) and (c) of this MOU, are not substantially
complete within five years from the date of the deed, The County and the City agree that
the implementation of the jointly developed plan for recreational facilities within the
property, as specifically described in paragraph 6 (a), (b) and (c) of this MOD, within five
(5) years from the date of the deed conveying the property to the City will result in the
reversionary clause automatically and without any further action becoming null, void and
of no effect at the end of such five year period, if not sooner extinguished by written
agreement of the County and the City, In the event the recreational facilities specifically
described in paragraph 6(a), (b), and (c) are not substantially complete within five (5)
years, as aforesaid, and there is a reversion of title to the County, the property shall be free
and clear upDn reversion of any restrictions created pursuant to the provisions of
paragraph 13 of this MOD,
15,
The City will defend, protect, indemnify, save and hold harmless the County from and
against any and all claims, costs, damages, expenses, or liability for any or all injuries to
persons or tangible property arising from the acts or omissions of the City or any
authorized contractor, officers, agents, employees, guests, invitee, visitors or parties using
said facilities. The County will defend, protect, indemnify, save and hold harmless the City
from and against any and all claims, costs, damages, expenses, or liability for any or all
injuries to persons or tangible property arising from the acts or omissions of the County or
any authorized contractor, officers, agents, employees, guests, invitee, visitors or parties
using said facilities. In case of negligence on the part of both the City and the County, any
damages allowed shall be levied in proportion to the percentage of negligence attributable
to each party.
roved this i. day Of~, 1995. Approved this~day of ~ 1995.
JEFFERSON COUNTY
BOARD OF COMMISSIONER
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EXHIBIT A - LONCEPTUAL PHASING AND ROUGH BUDGET
35th Street Acrea e
Work -1995 through 1996
Water
$1,500.00
2,400.00
1,500.00
System development charge (SDe)
Une
Fire Hydrant
SDC
Sewer
1,2S0.00
6,750.00
Une
Street
7,000.00
Compliance with City Standards/ gravel streets,
Clearing, grading, seeding, stonnwater, ele, (May be some
volunteer labor)
Site Prep.
5,000.00
Bike Racks
Trails
1,500.00
To provide non-motorized acce"" from South and East
10,000.00
Low figure; use may require more parking, j
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$SI'S~I~:'::~N S,j ':)o,;,~"';~l~S'SSl<m~S';li~~;I<S;~>~?;''':;$I~~I;'''''<<~S;';'<;l'S;;"~~<;I':;"'>~;"I;'<';':l;<I~;"';S~;'I<'.:';I~<'_'!';';v.'""S"<;'(<;"<1<'."'.";< .' l
Rest Rooms 10,000.00
Basketball 7,500.00
Court
Misc. Rec. 2,500.00
Equipment
Alternative 2,500.00
Access
Work -1997 through 1998
Without considering ADA request s; and without knowing
level of use of park.
Can be in Phase T with sufficient volunteer effort
Soccer, backstops, ele. (Pos,<ihlv Phase n
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Further
Planning
Children's Play and
Picnic
1,000.00
Years -1999 through 2000
Use history will need to be considered.
7,500.00
(;
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Operations and Maintenance figures in all 3 Phases based on level of
development.
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QUIT CLAIl\1 DEED
The Grantor, JEFFERSON COUNTY, a political subdivision of the State of Washington,
for and in consideration of the terms and conditions set forth in that certain Memorandum of
Understanding by and between the parties hereto dated ~ fl 3, . 1995, and
for no monetary consideration, conveys and quit claims to the rantee, THE CITY OF PORT
TOWNSEND, a Washington municipal corporation, the real property situated in Jefferson
County, State of Washington, as descnbed in the attached "Attachment A", which is made a part
of this instrument by this reference, together with all after acquired title of Grantor in and to said
real property.
The real property descnbed herein may be used only for active recreational purposes,
In the event the recreational facilities described in paragraph 6 (a), (b), and (c) of the
aforementioned Memorandum of Understanding are not substantially complete within five (5)
years from the date of this deed, all right, title and interest of Grantee in and to said real property
acquired by virtue of this deed shall revert to the Grantor free of any restrictions regarding the
use of said real property, as set forth herein.
DATED: - o/~)q5
JEFFERSON COUNTY
BOARD OF CONfMISSIONE
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Aft. 110. COUNTY EXCISE 1M
STATE OF WASHINGTON lU(,..pI":!
}SS. Dale PaiD 41. --
COUNTYOF~ON } ~ "-~~4mt~
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On this .L day of , 1995, before me pmonaIly appe,,",d Glen Huntingford, Robert Hinton and Rj~,j}~
known to be the entire ody of the Board of Jetrmon County Commissioners that executed the foregoing instrumen~ and acknowledged
the said instnlment to be the free and voluntnry act and deed of said County for the uses :md purposes therein mentioned, and on oath staled
that they are authorized to exccute the said instrument and that the seal affixed is the County """, of said County,
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Lorna L, Delaney
NOTARY PUBLIC. SUll" ofWMhington
Residing at Port To~d, Washington
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ATIACHMENT "A" TO QUIT CLAIM DEED
The following descnoed parcel ofland located in the Northwest quarter of Section
3, Township 30 North, Range 1 West, W.M: '
Beginning at the Northeast comer of Whittlesey's Addition to the City of Port
Townsend; thence North 414.75 feet; thence West 420 feet; thence South
414.75 feet to the True Point of Beginning; thence North 414.75 feet; thence
West to the section line between Sections 3 and 4; thence South 414.9 feet
more or less to the North line of said Whittlesey's Addition to the City of Port
Townsend; thence East along said North line ofWhittlesey's Addition to the
City of Port Townsend to the True Point of Beginning.
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5210 KUHN STREET '
PORT TOWNSEND, WASHINGTON 983S8 -
206/385-7212 '
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206/385-7675 FAX,
FAX COVER SHEET
To: -P;oa.l/"~ o-f: ~lI\+1 CDMM\Ssio,^-e.4I'S
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PAGE e2
DRAFT
MEMORANDUM OF UNDERSTANDING
REGARDING LAND OWNED BY JEFFERSON COUNTY
WITHIN THE CITY OF PORT TOWNSEND
JEFFERSON COUNTY, a political subdivision of the State of Washington ("the
County"), and THE CITY OF PORT TOWNSEND, a Washington municipal corporation
("the City"), enter Into this Memorandum of Understanding ("MOU.) to memorialize their
understandings with regard to certain real property, as described herein, owned by,the
County and situated within the municipal boundaries of the City,
1, The unplatted real property that is the subject of this MOU is depicted on the tax
parcel maps of the Jefferson County Assessor as Tax 38 and Tax 39 irl Section 3,
Township 30 North, Range 1 West, W.M., and is further identified as Tax Parcel No,
001032001 ("the property"). The property is bounded to the North by the plats of
Corrigan Addition and Kittinger's Addition, to the East by privately owned unplatted real
property, to the South by the plat of Whittlesey's Addition, and to the West by the plat
of HIli's Addition.
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2, The County previously Identified the property as surplus land and included It on a list
of County-owned real property to be sold at public auction. The assessed value of the
property is $60,000 and the County determined a minimum acceptable auction bid price
of $45,000 for the property.
3. The County offered to negotiate with the' City regarding the possible acquisition by
the City of County-owned real property within the municipal boundaries of the City
determined by the County to be surplus land,
4, In the course of the negotiations, the County and the City Identified the property and
another tax parcel adjacent to the City's Sather Park as being particularly well-suited
for active recreational purposes. The County conveyed to the City the tax parcel
adjacent to Sather Park subject to a deed restriction that the land be used only for
( active recreational purposes, The County and the City have continued their
negotiations regarding the property which Is the subject of this MOU with the objective
of developing a more detailed plan concerning Its utilization for active recreational
purposes.
5, During the negotiations regarding the property, the City has been guided by the
Comprehensive Parks and Recreation Plan adopted by the City Council in 1991 and
reaffirmed by the City Council by Resolution No, 94-17, adopted February 7, 1994. In
accordance with that plan, the City has recognized the property as meeting a need for
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36e31? '.'75
PT PUBLIC wr
PAGE e3
Memorandum of Understanding
Jefferson County I Port Townsend
Page 2
a park in a developing neighborhood and has sought and received the input of those
living in the vicinity of the property through numerous public meetings called by the City
Council's Parks, Recreation and Property Committee, The City's Parks and Reo'eation
Commission has also actively participated in the evolution of a plan for the appropriate
development of the property for active recreational purposes,
e, The County and the City agree that the present and foreseeable future active
recreational needs of the neighborhood can best be accommodated within the property
by the development of the following:
(a) a play field 200' x 350' suitable for use as a youth baseball, football and
soccer practice area, as well as other recreational activities;
(b) a basketball court 50' x 85';
(c) a children's play and picnic area of approximately 2000 square feet;
(d) restroom facilities; and
(e) an off-street parking area.
It is further agreed that the sizing of restroom facilities and off-street parking should be
determined based on actual use of the recreational facilities and, for this reason, no
specific size for either the restroom or parking facility is specifie~ in this MOU.
7. Based on the foregoing, the City will act as lead agency for the SEPA process and
will also initiate the process necessary to appropriately rezone the property,
8, The County will be responsible for securing all necessary permits for any logging
activities within the property, The County will receive the proceeds from the sale of
timber resources within the property,
9, The timing of the development of the recreational facilities within the property as
described in paragraph 6 (a), (b) and (c), Is dependent on the availability of volunteer
labor and the donation of equipment and materials. As of the date of this MOU, it is
anticipated that the clearing and grading of the play field and the construction of the
basketball court will be completed entirely by volunteers utilizing donated equipment
, and materials.
10. Prior to the end of 1995, the City will, at City expense, construct street
Improvements and the Infrastructure to extend sowor and water service to the property.
11, The City will be responsible for the operations and maintenance of the property and
Its facilities,
12, The County will convey the property to the City by a quit claim daed prior to
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PAGE 64
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63/61/1995 11:35
Memorandum of Understanding
Jefferson County I Port Townsend
Page 3
commencement of the construction of any facilities for which the City will assume
operations a!1d maintenance responsibilities. The deed conveying the property to the
City will contain a restriction that the property may be used only for active public
recreational purposes, but will be free of any liens or encumbrances which would
render development of the property for park and recreational purposes unfeasible.
13. The deed conveying the property to the City will also contain a reversionary clause
to the effect that title to the property will revert to the County if the recreational facilities,
as specifically described in paragraph 6 (a), (b) and (c) of this MOU, are not
substantially complete within five years from the date of the deed. The County and the
/'" City agree that the implementatIon of the Jointly developed plan for recreational
I facilities within the property, as specifically described in paragrap~a), (b) and (c) of
this MOU, within five years from the date of the deed conveying the property to the City
f,/u "b/;1'./i'" will result In the reversIonary clause automatically and without any further action
-tJr.. c..o",.ir becoming null, void and of no effect at the end of such five year period, If not sooner
I DO I i,;" extinguished by written agreement of the County and the City.
.fo~ CAJI"d'''
t>...J. ,..",:"h''''~The City of Port Townsend Jefferson County
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John M, Cllse, Mayor
Dated:
~Robert Hinton, Member
( Jefferson County Board of Commissioners
Glen Huntlngford, Member- c..ka ; ~
,},. Jefferson County Board of Commissioners
t!:
Richard WoJt, Member
, Jefferson County Board of Commissioners
A pprCN-ecQ ,,-s -It, .r.".~
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Dated:
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Commissioners' Meeting Minutes: Week of December 12, 1994
...................................
Commissioner Huntingford asked if the City has considered purchasing this property? Dan Harpole
answered that the City Council has not considered that because they were working toward this trade.
The discussion continued with members of the City Parks Committee, residents of the area and a
representative of Port Townsend Little League.
Decision re: Establishing a County Road: Third Street (See also Minutes of
December 5.1994): Commissioner Wojt stated that he drove out and looked at the road, and he
felt that the old intersection looked more dangerous than the new intersection. Commissioner
Huntingford noted that the Public Works Department has recommended that the road be established
and they feel that the 30 foot width is acceptable. The real issue discussed last week was if the
County would take over the maintenance of the road in the future. Most of the comments received
were about the dispute between the landowners in the area regarding access across the statutorily
vacated portion of Third Street.
Commissioner Huntingford moved to establish Third Street as a County Road. Commissioner Wojt
seconded the motion which carried by a unanimous vote,
Surplus Property Sale re: Decision on Request from City of Port Townsend
to Remove 35th Street and Back Alley Properties from the Sale: Chairman Hinton stated that
he feels these two parcels should be pulled from the surplus property sale and suggested that the f;ity
be advised that they have until July I, 1995, on the 35th Street property, to either negotiate a trade for
a parcel of City property or negotiate a price to purchase the property outright.
Commissioner Huntingford suggested that another option on the 35th Street property is for the County
to keep ownership of the property, and work out an agreement with the City for funding the
development of a certain number of acres as ball fields and/or practice areas. This partnership
agreement would allow the City to stay with their planning schedule for that area.
Commissioner Wojt moved to pull both the Back Alley and the 35th Street properties off the surplus
property sale with the following conditions:
Back Alley Parcel' This parcel will be sold to the City on a time payment plan as already
negotiated.
35th Street Property' By July I, 1995
Option I - The City can negotiate to purchase the property from the County, based on the
assessed value of the properties including a value for the timber on the property.
Option 2 - The City can negotiate to trade a parcel of City property for this property, based
on the assessed value of the properties including a value for the timber on the
property.
Option 3 - The County will retain ownership of the property and allow the City to fully de-
velop half of the property over a period of five years. with the development for
the first year to include two baseball practice fields. The City will be respon-
sible for all of the development review and permitting requirements.
Commissioner Huntingford seconded the motion which carried by a unanimous vote.
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Commissioners' Meeting Minutes: Week of November 28, 1994
...................................
Commissioner Huntingford moved to approve the license agreement for use of County road right-of-way
as presented for June Rubado. Commissioner Wojt seconded the motion which carried by a unanimous
vote.
Review and Approval of Final Edgewood Plat: Pope Resoul'('es: Gary Rowe asked that
the Board add the review and final approval of the Edgewood Plat to the agenda for this week. The Board
concurred that this final plat review be placed on the agenda for 2:00 p.m. on Tuesday November 29,
1994.
HEARING re: Intention to Sell Surplus County Real Property: Treasurer Ila
Mikkelsen reported that title searches have been ordered on all parcels to be sold and all but two, are tax
title properties. Parcel # 001-213-0]8 (Tax I in the Twiggs Short Plat) and Parcel #82 ]-073-007 (a small
triangle of property off of Beaver Valley Road) must both be declared surplus to be sold.
The Chairman opened the public hearing.
Rohert Greenway asked about the 35th Street Property and if the negotiations on it are continuing with
the City? Commissioner Huntingford stated that discussions on this property are continuing with City
Councilmen Dan Harpole. Robert Greenway asked if the property could be pulled from the sale to allow
area residents to gather money to purchase the property at a future time, if the negotiations with the City
fail? Ila Mikkelsen answered that any property can be taken out of the sale up to 5 p.m, the day before
the sale.
Gene Seton stated that he objects to the County holding the 35th Street property from the sale if the
negotiations with the City fail.
Ila Mikkelsen reported that Stokes Auction will be advertising the sale and doing the auctioneering work
for the County.
Chairman Hinton reported that a proposal for the City to purchase the property behind the Back Alley
Tavern will be taken before the City Council tonight for approval.
Hearing no further public comment the Chairman closed the hearing.
Commissioner Wojt moved to declare the following parcels of County property surplus: Parcel # 001-213-
018 (Tax I in the Twiggs Short Plat) and Parcel #821-073-007 (a small triangle of property off of Beaver
Valley Road). Commissioner Huntingford seconded the motion which carried by a unanimous vote.
Port Townsend Maen!'t Cenll'r re: Letter' of Support for Funrlinl,!: Di('I< Lutz: Dick
Lutz rcported that the Magnet Center has been in operation for two years and has been succcssful in
meeting the needs of the citizens of the County. The Farmers Home Administration funding for this
program will be ending on January], 1995 and more funding sources are needed to continue this work.
Hc asked that the Board support this funding request for the Magnet Center.
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Commissioner Huntingford asked what thc chances are for the Magnet Center to get this funding and what
they will do if they don't get it? Dick Lutz reported that they will be looking at private, Slate and Federal
funding sources in addition to this funding.
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Commissioners' Meeting Minutes: Week of November 14, 1994
...................................
I
Appointment to the Parks Advisory Board: Commissioner Huntingford moved to
appoint David Whipple to an unexpired term (ending March 21, 1996) on the Parks Advisory Board.
Commissioner Wojt seconded the motion which carried by a unanimous vote.
Appointment to the Ferry Advisory Committee: Commissioner Huntingford moved to
appoint Ted Rogers to an unexpired term (ending December 14, 1995) on the Ferry Advisory Committee.
Commissioner Wojt seconded the motion which carried by a unanimous vote.
BUSINESS FROM COUNTY DEPARTMENTS
PUBLIC WORKS
fia MikkeL<;en re: Surplus Properties: Treasurer Ila Mikkelsen explained that the County
will be auctioning both tax title property and 'surplus property this year, The auction will be held on
December 16, 1994. Commissioner Wojt moved to approve RESOLUTION NO. ill=!M, A Notice of
Intention to Sell Surplus Real Property, setting the hearing date for November 28, 1994 at 11:30 a.m.
Commissioner Huntingford seconded the motion which carried by a unanimous vote,
I1a Mikkelsen stated that the tax title property is handled differently, She asked the Board to give
direction on which parcels are to be included in the tax title sale and to set the minimum bid. There was
a discussion about the Pioneer Building and other parcels the City of Port Townsend has shown interest
in. Commissioner Huntingford moved to approve the sale of all listed tax title property and to set a
minimum bid of 75 % of the assessed value for the parcels. In addition, the Pioneer Building minimum
bid will be 75% of the amount listed on the independent appraisal report. Prosecuting Attorney Mark
Huth advised that the County cannot sell property on a contract.
Ken Przygocki and Bill D' Amico. East .Jefferson Little I.Rllglle re: Prollosal for Seagull
Ei.cld.:. Ken Przygocki, President of East Jefferson Little League explained that Seagull Field in Port
Hadlock is mainly used for Little League baseball. There are three fields that support approximately 300
children. The Little League is a volunteer organization and must rely on donations. The funds that they
receive each year are used to pay for their charter and insurance and to buy replacement equipment. If
there is money left over, it is spent to improve the fields. The majority of their money comes from the
concession stand and the sale of chocolate bars.
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Bill D'Amico presented the Board with a document listing goals for improvement of Seagull Field over
a five year period. They are suggesting a partnership with the Jefferson County Rccre.1tion Department.
He said currently the Little League is failing to maintain the fields because of lack of funds and hc feels
the fields are unsafe. They would like to see the fields improved and once they are improved, volunteer
labor should be able to maintain them. The proposal would utilize the remainder of the property for a
youth complex for soccer, football, and eventually, salld volleyball pits, basketball courts, a jogging track
and a skateboard park. They are requesting funding and equipment from the County and have submitted
a budget with their proposal. They feel strongly that if a sports complex was built, they could schedule
sports tournaments ye.'lr round to generate revenue. Chairman Hinton asked if they have looked into thc
Boeing grant'? They assured the Board that they are proactive and continuc to work on projects, but it
is very difficult without funding. Chairman Hinton added that thc County is bcginning the budgCI proccss
for 1995 and the Board will look at the Little Leaguc's proposal.
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Commissioners' Meeting Minutes: Week of November 7, 1994
...................................
The Board met in Executive Session with Prosecuting Attomey Mark Huth regarding
potential litigation from 11:15 a.m. to 1l:30 a.m.
PUBLIC WORKS DEPARTMENT
!la Mikkelsen re: Surplus Properties: Item postponed to next week at the same time.
He.'lring Examiner's Findings. Conclusions. and Recommendation: Petition to Vacate
Woodman Road: Located on East Di'>Covery Bay near the Intersection of SR20 and Anderson Lake
Road; Douglas and lane Kurata. Applicants: Public Works Administrative Assistant Eileen Simon
reported that the applicant has begun construction on an alternate road to provide access to the south.
Chairman Hinton asked when the road will be completed? Doug Kurata answered that they are currently
constructing a portion of the road which will serve as their driveway. The Gunstone's will be
constructing their portion of the road sometime before September of 1996. They have indicated that they
are waiting for drier weather before beginning construction.
Commissioner Wojt moved to adopt the Hearing Examiner's findings, conclusions and recommendation
on this vacation petition. Commissioner Huntingford seconded the motion which carried by a unanimous
vote.
Bud Porter. American Legion re: Veteran's Assi<;tance Fund: Bud Porter, representing
the American Legion, reported that RCW 73.08.070 provides for burial of indigent veterans, He noted
that an application for funds to pay for a veterans cremation was not approved. He then reported that
other applications have been turned down and he doesn't feel the reasons were justified. He stated that
he feels that the veterans in this County are not getting a fair shake.
Chairman Hinton noted that in a current listing of the applications received the reason many of them have
been turned down, is because the forms have not been filled out correctly. The Board suggested that Mr.
Porter and the American Legion Service Officer work with the Service Officers Association to resolve
their problems.
HEARING re: Emergen~y Budget Appropriations and/or Extensions: Various County
I!l:~: Chairman Hinton opened the public hearing on the requests from various Departments
for budget appropriations and extensions. Hearing no comments for or against the requested
appropriations/extensions, the Chairman closed the public hearing.
"
Commissioner Wojt moved to approve RESOLUTION NO. l2fi:.24 authorizing the budget appropriations
and extensions as requested by the following Departments: Animal Services $5,000; Clerk $54,900.00;
Cooperative Extension $25,700; Permit Center $63,955.00; Flood/Stormwater Fund $7,500; and
Construction and Renovation Fund $105,000. Commissioner Huntingford seconded the motion which
carried by a unanimous vote.
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Commissioners' Meeting Minutes: Week of October 24, 1994
...................................
PLANNING AND PERMIT CENTER
Shoreline Substantial Development Permit SDP92-0011: to ConstnJct a Ramp. Float
and Dock Extending 60' from the Ordinary High Water Mark: Leonard Palmer, Applicant:
Chairman Hinton recommended that, since the Shoreline Management Master Program will never allow
a variance from the arbitrary 60 foot condition placed on piers, that the Shoreline Commission be directed
to review Section 5.60 of the Master Program to make amendments to it to remove this arbitrary 60 feet
and look at the performance standards that are required for the variance,
Commissioner Huntingford moved to approve the Shoreline Substantial Development Permit #SDP92-
0011 for Leonard Palmer as presented. Commissioner Wojt seconded the motion which carried by a
unanimous vote,
DisCllssion of Proposed Emergency Ordinance to Comply witb the Growth
Management Hearings Board Decision: Commissioner Wojt moved to defer discussion on this until
after the executive session this aftemoon (2:30 p.m. to 5:00 p.m,) Commissioner Huntingford seconded
the motion. The motion carried by a unanimous vote.
Preliminary Subdivision IISUB94-0030: 15 Lot Subdivision. Bay Hollow; Pope
Resources: David Cunningham, Pope Resources reported that there are two procedural matters on this
subdivision:
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2)
Section 6.210 of the Subdivision Ordinance requires that once the Board receives the
Hearing Examiner's recommendation (which they have), they must at their next public
meeting (today) set a date for consideration.
This is still a quasi-judicial matter. A hearing was conducted on September 27, 1994 and
all parties had an opportunity to be heard. No one may make oral or written arguments
at the time the Hearing Examiner's recommendation is considered.
Commissioner Wojt moved to set consideration of the Hearing Examiner's recommendation on the Bay
Hollow Subdivision for November 7, 1994 at 10:35 a.m. Commissioner Huntingford seconded the
motion which carried by a unanimous vote.
Memo from Jim P('arson r(': Public H('aring to Consider Dev('lopm('nt Moratorium
on bmds Harves1edlmdel' Clnss 3 For'est Practice PN'I11it 02-12950; Phil Dryden. Short Subdivision
Applic:mt: Commissioner Huntingford moved to set the hearing on the consideration of a development
moratorium on lands harvested under a Class 3 Forest Practice Permit by Phil Dryden for November 7,
1994 at 2:00 p.m. Commissioner Wojt seconded the motion which carried by a unanimous vote.
PUBLIC WORKS DEPARTMENT
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that a title search on this building shows that the building is tax tille property. An outside appraisal is
nceded. After tht) appraisal the Board needs to sel a minimum sale prict). (Warren Stcurer reported that
the building was appraised by an independent appraiser for $217,000.) The Board needs to state that the
sale is for cash. When the sale is set an advertisement must be published for three consecutive weeks.
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The Treasurer's foreclosure sale is set for December 9, 1994 and if this property is to be sold, it should
be done at the same time, She needs to know by November 7, 1994 if the property is to be sold.
Four other pieces have been identified and could be sold at the same time: I) a piece that Gene Seton
inquired about, 2) a piece that Griffith Short inquired about, 3) the property Frank Trafton inquired
about, and 4) a piece that Fred and Helen Gravos inquired about. Title searches were ordered on two of
the parcels, but they still have to be ordered on the other two. Commissioner Huntingford asked if the
35th Street property could be sold at this time if an agreement isn't forth coming with the City? Ila
Mikkelsen reported that it is also Tax Title property and could be included in the sale. The trade of the
property near the Back Alley Tavern to the City has not been resolved yet either.
The Board concurred that they will make a decision on all of these properties on November 7, 1994 at
II: 15 a.m. The status of the 35th Street and the property near the Back Alley Tavern will be determined.
AGREEMENT. Temporary Help re: Larry Lammers: Commissioner Huntingford
moved to extend the temporary help agreement with Larry Lammers (the Bayshore Motel) from
November I, 1994 through January 31, 1995. Commissioner Wojt seconded the motion which carried
by a unanimous vote,
AJ1plication re: Funding For Assistance on Park Proiects: U.S. Forest Service
Americorps Program: Warren Steurer reported that the Americorps program provides workers for
Jefferson and Clallam counties when they are not working for the U.S. Forest Service. A tentative list
of projects in County parks have been put together for this program (re-roofing shelters; trail work; toilet
repairs, etc.) There is a 20% match for this program. Commissioner Wojt pointed out that this list of
projects is a shopping list because what is done will depend on the skills of the workers. Commissioner
Huntingford asked where these projects fit in the budget? Warren Steurer reported that the campground
improvement funds can be used for some of these projects. The Parks Advisory Board will review this
list of projects.
Commissioner Wojt moved to approve the application for assistance for parks projects from the U.S.
Forest Service Americorps Program. Commissioner Huntingford seconded the motion which carried by
a unanimous vote.
Hearing Examiner's Finding, Conclusion, and Recommendation; Petition to Vacate
II Portion of Sixth Avenue Between Lot I in mock 2 and Lot 24 in Block 19 of the Plat of Irondale;
Carl and LOI'ella Swanson: Public Works Administrative Assistant Eileen Simon rcported that the
Hearing Examiner recommends approval of this proposed vacation. Commissioner Wojt moved to adopt
the findings and conclusions, and recommendation of the Hearing Examiner's as presented.
Commissioner Huntingford seconded the motion which carried by a unanimous vote.
"
APJJ.lkntlons (3) fOl' Assistance from the Vetel'ans Relief Fund: Commissioner Wojt
moved to approve three (3) applications for assistance from the Veterans Relief Fund as submitted by
VFW Post 117014, and Post 114607 and the Service Officers Association in the amounts of $400, $120 and
$100, respectively. Commissioner Huntingford seconded the motion which carried by a unanimous vote.
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SERVICE AGREEMENT
QUILCENE COMMUNITY CENTER WATER SYSTEM
JEFFERSON COUNTY AND LAKENES
THIS AGREEMENT is between JEFFERSON COUNTY, acting by and through
their Board of County Commissioners, hereinafter referred to as the "COUNTY" and
Kirk and Linda Lakenes, hereinafter referred to as "LAKENES,"
WHEREAS, the COUNTY has a well located in Quilcene, Washington, on the
property commonly referred to as the Quilcene Community Center, more particularly
described herein below, and
WHEREAS, LAKENES has established a new water line from said well across
Highway 101, and
WHEREAS, LAKENES has as its sole source of Public water from the
COUNTY'S said well, now Therefore,
IT IS AGREED:
(1)
follows:
The legal description of the property upon which the well is located is as
Lots 1 through 20, Block 5, Josephine Campbell's Addition to,
Quilcene, Jefferson County, Washington,
(2) The COUNTY hereby authorizes LAKENES to use a maximum of 800
Qallons of water oer dav from the welllDcated on the above-described property, The
water usage shall be only for the "LAKENES property", more fully described as follows:
Josephine Campbell's addition to Quilcene, Washington, Lots 1 through 7,
19 and 20, portions of lots 18 and 8, Section 24, Township 27N, Range 2W,
Parcel Number: 937500602
(3) A minimum monthly water fee of $20,00 shall be
assessed to LAKENES to be paid no later than the 15th day of each calendar month to
Jefferson County Public Works, P.O. Box 2070, Port Townsend, WA 98368.
(4) A water meter shall be placed within the public right of way abutting the
above referenced LAKENES property, The water meter shall be read by the COUNTY
on a bi-monthly schedule as nearly as possible on the same cycle date, A fee for
water usage in excess of the 800 gallons per day allotted to LAKENES over a six
month period shall be assessed and paid to the COUNTY on a bi-yearly basis on June
5 and December 5 of each calendar year. The water fee shall be calculated by using
the current rates established by the Public Utility District of Jefferson County for
businesses in South Jefferson County, All bills are due and payable when issued,
(5) WATER TRANSFER OR RESALE. Water provided by this agreement
shall only be used by the benefiting property and may not be transferred or re-sold to
any additional user,
(6) Should LAKENES require any Improvements to the COUNTY'S well,
including but not limited to the pump, pressure tank and wellhouse, LAKENES shall
make such improvements at their own cost and expense and in a manner which meets
all State and County regUlations for a public water source, Any such work shall be
done with the approval of the Jefferson County Public Works Department un,.jer the
supervision of the Jefferson County Health Department.
(7) LAKENES shall share the expense of maintaining the well In proportlDn
to their water usage and equally share In the cost for maintenance and Improvaments
of the meter, meter pits, meter boxes, pressure reducing valves, fittings, pipes and
other facilities associated with their Individual service, Proportions of usage between
the COUNTY and LAI<ENESshall be calculated on a yearly basis through the bi-
monthly water meter readings,
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(8) The COUNTY shall maintain the water system to meet the potibility
standards of the State of Washington, as permitted by the Washington State
Department of Health.
(9) In the event that a Quilcene Community Well and infrastructure is
developed and available for connectiDn to the LAKENES water system, the COUNTY
and LAKENES will terminate this agreement.
(10) This agreement shall be with the LAKENES and shall not be transferred
or assigned without the expressed written consent of the County.
(11) The terms and conditions herein constitute the entire understanding and
agreement between the parties and shall not be modified or amended except by a prior
written agreement executed by both parties hereto,
(12) LAKENES shall indemnify and hold the County, its officers, agenfs and
employees harmless from all suits, claims or liability of any nature, including attomeys' fees,
costs and expenses, for or on account of injuries or damages sustained by any persons or
property resulting from the acts or omissions of the County, their agents or employees in
connection with the administration and implementation of this agreement.
TERMINATION: This agreement may be terminated by either party with thirty (30)
days written notice, or upon sale or transfer of the ownership of the benefiting property.
IN WIT~FSS WHE EOF, the undersigned have duly executed this Agreement on
or about the ~~ay of, , 199U .
JEFFERSON COUNTY, a Washington municipal
'on, acting through its Board of County
omm' sion s
AS TO FORM:
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Jefferson ColJnty Prosecuting Attomey
~~ ~. ,'ara ... Fa ry
, 4 ~ ~~ Public Director/coun
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y Engineer
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SERVICE AGREEMENT
QUILCENE COMMUNITY CENTER WATER SYSTEM
JEFFERSON COUNTY AND LAKENES
, 19912.., before me, the undersigned, a Notary Public in and for
is~ioned and sworn, personally appeared
n"- , to me known to be the entire
body of the Board of Jefferson County Commissioners that executed the foregoing instrument, and
acknowledged the said instrument to be the free and VOlu~nt act and deed of said county, for the uses and
purposes therein mentioned, and on oath stated that ____ authorized to execute the said instrument
and that the seal affixed is the county seal of said county.
Witness my hand and official seal hereto affixed the day and year first above written.
Signature: ~~.A'1 a..... b o.P~
Printed or Typed Name: Lo F?NA DeJANe.y
Notary Public in and for
the. ~tate of lLVashingt!!!!r: . _. . (
residing at -+'C'JR+ ~
MY COMMISSION EXPIRES
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SERVICE AGREEMENT
QUILCENE COMMUNITY CENTER WATER SYSTEM
JEFFERSON COUNTY AND LAKENES
STATE OF WASHINGTON
}ss
COUNTY OF .! E:rrR! <<"..J
On this ~ day of ~IvL1 ' 199L, before me, the undersigned, a Notary Public in and for
the State of Washington,duly commissioned and sworn, personally appeared Kirk Lakenes and Linda Lakenes,
executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said entity, for the uses and purposes therein mentioned, and on oath stated that they are authorized to
execute the said instrument and that the seal affixed is the county seal of said county,
Witness my hand and official seal hereto affixed the day and year first above written.
Signature: ~a /ZJ~ /,
/
Printed or Typed ame: CAt2L- Jew,,} W AY"Ni:> I ./ a .
Notary Public in and for
the State of Washington,
residing at ~v'" V""-I~ <vA '
MY COMMISSION EXPIRES ~/2<?/'?7
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JEFFERSON COUNTY COURTHOUSE
NATtOtlAL HISTORtC SITE
PORT TOWNSEND, WASHINGTON
TO:
FROM:
Jefferson County
Board of County Commissioners
P.O. Box 1220
Port Townsend, W8shlngton 98368
Phone (360) 385--9100 -',800-831-2678. Fax (360) 3S5-9382
ROBERT H, HINTON, DISTRICT 1 GLEN HUNTlNGFORD, DISTRICT 2
RICHARD E. WOJT, DISTRICT 3
MEMO
G) ,JL@_~JJL t r~:~
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! re: 0 1995
Bob Henderson
DATE: August 28, 1995
Gary Rowe, Public Services Director (j.J2-
SUBJECT: Sam Boling Water System Franchise
I met with Charles Marley, Sam Boling's representative, and gave him a copy of your
memo dated August 23, 1995. He agreed to the reduction of $6,000. ftold him that you would send
a letter to effect this change. He would like it faxed to him at (360) 796-3303, so he can go to the
bank. Thanks for your work on this.
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JEFFERSON COUNTY ~ - e J
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
P.O. Box 1220
Port Townsend, WA 98368
(206) 385.9160
Gary A. Rowe. RE., Director
Robert G, Nesbitt. RE.. County Engineer
TO:
MEMORANDUM
FROM:
DATE:
Gary Rowe, Public Services Director
K. Robert Henderson ~
August 23, 1995 - U
SUBJECT: Sam Boling Water System Franchise
Gary, after researching ROW on Black Point Road and conducting a site
inspection with Dave Ward we have the following information for you:
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1. The deeded right of way on the North side of Black Point Road in this
area is 50 feel Therefore the watermain in question is on the right of
way.
2, The actual distance that the watermain is on the right of way is 600 feet
plus or minus. This would indicate that the bond amount could be
lowered to $6,000.00 using the formula already applied to the existing
franchise.
It is true that the watermain is above the road and not buried un~er
it however, that does not eliminate the possibility that it would not
cause damage to the roadbed sbould it break.
It docs not appear that the watermain has been charged at this time.
We would suggest no reduction of the amount below the standard
formula until the system has been under pressure for several months,
The conditions of the Franchise were agreed on at the time of
acceptance by Mr. Boling. The reasons the bond was required still
exist nnd those conditions have not changed. Unless Mr. Boling cnn
offer nnother means of insuring any damage to the Black Point Rond
we strongly urge that the bond amount not be lowered any morethnn
the $6,000.00 the formuln indicates we need.
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100% Rocyclod Pnpor
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
Granting a reduction in the bond x
requirement for Franchise #10-94 x
Sam Boling, Applicant x
RESOLUTION NO. _.95
WHEREAS, an Application for reduction of the bond requirement for Franchise
#10-94 has been submitted by Mr. Sam Boling, GRANTEE, a true copy of which is
attached hereto, for the purposes set out in the said application, and
WHEREAS, the County Engineer has examined the as-built water system and
finds that the actual frontage on Black Point Road is 600 feet, and
WHEREAS, the maintenance bond requirement for franchise's is $10.00/foot,
NOW THEREFORE IT IS HEREBY RESOLVED that the bond amount required
for the non-exclusive franchise #10.94 granted to the applicant named above
(GRANTEE) on the 10th day of January, 1994- is hereby reduced to the amount of
$6000.00, authorized under Title 56 RCW, including those common under Title 56
and 57 per 56.20.015.
ADOPTED THIS 11th DAY OF September, 1995.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Glen Huntingford, Chairman
Richard Wojt, Member
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SEAL:
ATTEST:
Robert Hinton, Member
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Lorna L. Delaney
Clerk of the Board
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AMERICAN DEVELOPMENT
1113 Black Point Road, Brinnon, Wash., 98320 (360) 490-2173
FAX (360) 796-3303
Date: 8-7-95
To: Gary Rowe
Jefferson Public Works
r~UG 0 ? 10S5
From: Charles Marley
Subj: Sam Boling Water System Surety Bond
on Black Point Rd., Brinnon, Wash
8C;':..f':~::
Dear Gary,
In reference to my conversation with you and Mr. Henderson concerning
the amount of bond money being held in reserve for this water system. I
hereby respectfully request, that the amount of bond money being held on
this Franchise be significantly reduced or eliminated based on several
factors.
I. That the actual amount of6"water line is 550' vise the 800'
recorded in the Franchise.
It
2. That the waler line is not under the road or in the ditch line as
many of the other utilities are. The water line is more that 20' from
the road and is well above the road which reduces any risk to the
county road, I have provided pictures to show the location of the
water line.
1';;'
3. That the Installation of the water line is now complete. As well as
the repair to the crossing of the road as the pictures provided show.
Only a small portion of the water linc is exposed to ensure proper
thrust blocking whcn the system is inspected.
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4. That this is a private water system and there is money collected
from the water users for maintenance and repair of the water
system.
Also, I have enclosed a copy of the Franchise for your convenience. If
you have any other questions. Please call me.
Thank You
Charles E. Marley
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Board of County Commissioners
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P.O. Box 1220
Port Townsend, Washington 98368
Phone (360) 385-9100. 1-800-831,267a . Fax (360) 385-9382
ROBERT H. lilNTON, DISTRICT 1 GLEN HUNTING FORD, DISTRICT 2
RICHARD E, WOJT, DISTRICT 3
AUG
MEMO
JEfFERSON COUNTY
PERMIT CENTER
/'i
TO: Bob Henderson
FROM: Gary Rowe, Public Services Director A'"":7~
DATE: August 8, 1995
SUBJECT: Sam Boling Water System Franchise
Enclosed is a letter I received from Mr. Charles Marley, representing Sam Boling. He
is requesting the financial guarantees to be reduced or eliminated. I would appreciate your review and
recommendation.
From the photographs provided, it appears that the waterline is located off the right-of-
way. If this is the case, the franchise may not be needed. Will you also look into this as well.
Thanks.
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vcf.J PAGE ~~
OF Of-FICI,'.L RlCORDS
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1994 DEe 21 A.,'l 9 39
377856
STATE OF WASHINGTON
COUNTY OF JEFFERSON
~~:.: ~.. t;.~,cOuRY
";~ ~t.~:::~i :,(;~'IiY AUDITOR
V^...:"N ~. ^<
al~PU1Y
~-94
In the matter of
x
RESOLUTION NO.
Granting a Non-Exclusive Franchise x
On County Road Rights of Way to x
Sam Boling x
WHEREAS, an Application for non-exclusive Franchise has been submitted by SAM
BOLING , a true copy 'Jf which is attached hereto, for the purposes set out in the said
2.ppE~~~=ons ary.d
WHEREAS, the current application is identical to a previously approved franchise
which Mr. Boling allowed to lapse prior to completion, and
WHEREAS, hearing on the said application was held before the Board of County
Commissioners of Jefferson County, Washington, on January 31, 1994, 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) The proposal is not in conflict with the Jefferson County Comprehensive Plan;
2) Provision will be made through a bond to insure maintenance and repair of the
county road system as it relates to construction and operation of the water
system;
3) The water system will form an integral 'part of the fire protection services
available ft'r future development in the area: and
4) The proposal is reflected in the application filed by Mr. Boling on January 10,
1994, which is incorporated by reference herein,
;1;.~
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 instaUation and service connections upon,
under, over, across and along the rights at' way of the county roads of Jefferson County,
Washington, more particularly described as foiiows:
That nortion of' the county road known as Black Point Road, County Road No.
24260'9, more descriptively shown on attached Exhibit A, and lying in Section 15,
Township 25 North, Range 2 West, W.M.
This non-exclusive franchise is granted upon the following express terms and
conditions: .
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(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 nnel conditions for franchise agreements granted by Jefferson
County, are incorporated herein by reference and made a part of this Resolution,
Rosolution Granting FranChise: Sam Boling, Blael, point Rd. water systeln
\
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51.9 ~A.r204.
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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 County Engine~r having recommended, and the Board of County Commis-
sioneis having set :-.r.d approved thcamoun"t of $8,000 (Eight Thousand Dollars) for
a surety bond pursuant to Section 19 or Ordinance 2-81, the GRANTEE shall obtain
and execute with a corporate surety such bond or similar security, and furnish it to
Jefferson County to ensure GRANTEE's performance of all obligations under this
franchise and requisite permits. This amount is based on the GRANTEE's
representation in the application of eight hundred feet (800') of six-inch (6") diameter
PVC pipe. GRANTEE shall retain this account for the life of the water system's use
of the franchise or untill the water system is accepted by a public entity.
(5) 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.
I.'"
(6) The full acceptance of this non-exclusive franchise and all its tenns 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.
(7) The" GRANTEE shall comply wi~h all laws and regu!atic:1s of the State of
Washington, including creating and recording documents necessary to ensure the
perpetual existence of the well protection radius as required by law, included, but not
limited to, WAC 248-54 as now or hereafter amended. The GRANTEE shall supply
copies of all agreements executed or recorded regarding the water system.
ADOPTED THIS JDAY OF ~~::tr~ 1994.
~.. FFERSON COUN Y
/~ ~~u~~~~ BO D OF COMMISSIONERS
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ATTEST:' . ~
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orn-a L, Delaney - _ PPROVED:
Clerk of the Board
~ ----=-
Mark Huth
Prosecuting Attorney
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Resolution Granting Franchise: Sam BOling, Black Point Rd. water system
VOL
51.9 P"~r205
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ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS
I hereby accept the terms and conditions specified under Ordinance No. 2-81, for a
No?-Exclusive Franchise granted to Sam Boling, for construction, operation and
mamtenance of a , 6" wtiter line main along and across the county roads tights of way
described in Resolution No. -94, approved by the Board of Jefferson County
Commissioners on the 31st day of January, 1994.
Dated this '2. 7 day of Gj!- , 199+.
Mr. Sam Boling
Applicant
STATE OF WASHINGTON
COUNTY OF JEFFERSON
)
)
ss
On this day personally appeared before me Mr. Sam Boling, to me known to be the
individual described in and who' executed the within and foregoing instrument as his free
and voluntary act and deed, ,
I-~ b ,199~.
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conditions:
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(I) 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.
Resolution Granting Franchise: Sam Baling, Black Point Rd. wator system
OEC2 1 199't
\lOt 51.9 ~~";204
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
P,O, Box 1220
Port Townsend. WA 98368
(360) 385-9160
September 12, 1995
Lisa Hames, Manager
U.S. Bank
PO Box 460
Quilcene W A 98376
RE: Reduction of Bond amount for Franchise # 10-94
Dear Ms. Hames;
This letter serves to authorize U.S. Bank to release all funds over and above
$6,000.00 in account #1360871741 withdrawn in the names of Sam Boling and
Jefferson County.
After evalualillg lhe:: as-built water system on Black Point Road the Public Works
Department recommended to the Board of County Commissioners that the amount
of $6,000,00 is sufficient to protect the public's interest On September 11, 1995 the
Board' concurred with that recommendation and passed a resolution to that effect
If I can be of any further assistance to U.S. Bank to expedite this process or if I
need to stop by the bank and sign any paperwork you can 'reach me at the Permit
Center at 379-4450. Please mail a copy of the bank statement reflecting this
transaction to the Permit Center for my files,
Thanks for your help.
Sincerel~
~ert Henderson
Engineering Technician IV
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TAX #: 533642991
LAST INT PAID:
Y-T-D INT:
INT PRIOR YR:
ACT #:
SACT #: 000-0000-000
CL #:
HOLD-ASSIGN. TO JEFF CO PUBLIC WORKS
ACCOUNT OVERDRAWN
LOAN HOLD
B/A 136 ASSGN TO COUNTY 8000.00 EXP 12/31/99
MORE MESSAGES - ENTER "c" TO CONTINUE
COMPANY # 0155 ACCOUNT
SAM BOLING/JEFF CO PUBLIC
1113 BLACK POINT RD
BRINNON WA 98320
OFFICER:
16.30
137.87
162.61
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09/13/95
10:55:44
CONT / DEL
DEPOSIT SYSTEM WITHDRAWAL
# 1360871741 AMOUNT
WORK AVAIL BAL:
LEDG BAL:
COL+1 BAL:
ATM UNVERIFIED DEP:
MAIL CD: 0 ACCT TYPE: 101 BUSINESS SAVINGS
000 000 INS: N REPORTING OPT: 2 00: 0 NSF: 0
OPEN DATE: 02/07/94 AVG 6-MOS: 8,020
LAST STMT DATE: 08/24/95 LAST DEP DATE: 02/07/94
LAST DEP AMOUNT: 8,000.00
AVAIL
AVAIL
AVAIL
2,000.00-
6,000.00
6,000.00
8,000.00
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DEPOSIT SYSTEM TRANSACTION INQUIRY TRACE TRANSACTION
COMPANY: 0155 ACCT: 1360871741 INQUIRY: 210 SEARCH:
NAME: SAM BOLING/JEFF CO PUBLI SAVINGS ACCOUNT
BEG LEDG BAL: 8,034.36 END LEDG BAL: 6,000.00
COL+1 BAL: 6,000.00 AVAIL BAL: 2,000.00-
DATE TRAN AMOUNT SERIAL DESCRIPTION
6-26-95 096N 19.33 INTEREST
7-06-95 001N 86.39 CUSTOMER DEBIT
7-27-95 096N 18.06 INTEREST
8-24-95 096N 16.30 INTEREST
9-12-95 004 2,034.36 BANK ENTRY
6,000.00 **BALANCE**
PAGE
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
P,O, Box 1220
Port Townsend, WA 98368
(360) 385.9160
September 12, 1995
Mr. Charles Marley
1113 Black Point Road
Brinnon W A 98320
RE: Black Point Franchise Bond Reduction
On September 11, 1995 the Board of County Commissioners signed the Resolution
reducing the maintenance bond requirement on the Black Point Waterline Franchise
to $6,000.00.
If your bank would like something in writing from the Pubic Works Department just
let me know. Please ask the bank to send me copies of the account after you
complete the withdrawal.
If I can be of any further assistance contact me at the Permit Center at 379-4450
or on my cell phone 301-0228,
Sincerely, ~
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Engineering Technician IV
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In the matter of
STATE OF WASHINGTON
COUNTY OF JEFFERSON
Granting a reduction in the bond
requirement for Franchise #10.94
Sam Boling, Applicant
RESOLUTION NO. ~-95
x
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WHEREAS, an Application for reduction of the bond requirement for Franchise
#10-94 has been submitted by Mr. Sam Boling, GRANTEE, a true copy of which is
attached hereto, for the purposes set out in the said application, and
WHEREAS, the County Engineer has examined the as-built water system and
finds that the actual frontage on Black Point Road is 600 feet, and
WHEREAS, the maintenance bond requirement for franchise's is $10.00/foot,
NOW THEREFORE IT IS HEREBY RESOLVED that the bond amount required
for the non-exclusive franchise #10-94 granted to the applicant named above
(GRANTEE) on the 10th day of January, 1994 is hereby reduced to the amount of
$6000.00, authorized under Title 56 RCW, including those common under Title 56
and 57 per 56,20.015.
ADOPTED THIS 11th DAY OF September, 1995.
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ATTEST:
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orna L. Delaney (f
Clerk of the Board
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS,..
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AMERICAN DEVELOPMENT
1113 Black Point Road, Brinnon, Wash., 98320 (360) 490-2173
FAX (360) 796-3303
Date: 8-7-95
To:
Gary Rowe
Jefferson Public Works
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From: Charles Marley
Subj: Sam Boling Water System Surety Bond
on Black Point Rd., Brinnon, Wash
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Dear Gary,
In reference to my conversation with you and Mr. Henderson concerning
the amount of bond money being held in reserve for this water system. I
hereby respectfully request, that the amount of bond money bdng held on
this Franchise be significantly reduced or eliminated based on several
factors.
1. That the actual amount of6"water line is 550' vise the 800'
recorded in the Franchise.
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2. That the water line is not under the road or in the ditch line as
many of the other utilities are. The water line is more that 20' from
the road and is well above the road which reduces any risk to the
county road, I have provided pictures to show the location of the
water line.
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3. That the Installation of the water line is now complete. As well as
the repair to the crossing of the road as the pictures provided show.
Only a small portion of the water line is exposed to ensure proper
thrust blocking when the system is inspected.
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4. That this is a private water system and there is money collected
from the water users for maintenance and repair of the water
system.
Also, I have enclosed a copy of the Franchise for your convenience. If
you have any other questions. Please call me.
Thank You
Charles E. Marley
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JEFFERSON COUNTY COURTHOUSE
NATIONAL HISTOAIC SITE
PORT TOWNSEND, WASHINGTON
TO:
FROM:
Jefferson County
Board of County Commissioners
P.O. Box 1220
Port Townsend, Washington 98368
Phone (360) 38509100 '1-800.0:11-2678' F"" (360) 385-9382
ROBERT H. HINTON, DISTRICT 1 GLEN HUNTlNGFORD, DISTRICT 2
RICHARD E. WOJT, DISTRICT 3
MEMO
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Bob Henderson
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DATE: August 28, 1995
Gary Rowe, Public SelVices Director 6-f2-
SUBJECT: Sam Boling Water System Franchise
I met with Charles Marley, Sam Boling's representative, and gave him a copy of your
memo dated August 23, 1995. He agreed to the reduction of $6,000. 1 told him that you would send
a letter to effect this change. He would like it faxed to him at (360) 796-3303, so he can go to the
bank. Thanks for your work on this.
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FROMTHEDESKOF NORM 'FE RRY '{3601357-2746 FAX: (3661357~2601 '
WSDOT~OLYMPICREGION HQ- UTILITIES OFFICE - P.O. BOX 47440 . '
;OLYrvtPIA,WA98505-7440 ' , " " ,
DATE: January 10,1996
SUBJECT: Summit Cablevision Franchise 30080, Amendment No.1,
SR 116, MP 2.00 to MP 2.10
Dear Bob:
Attached for your information and files is a copy of the franchise amendment
covering Summit Cablevision's facilities on State Route 116.
As we discussed over the phone recently, the State franchise amendment covers
the facilities along SR 116, marked in red on the plan sheet (Exhibit "C"). and the
facilities marked in green on the plan sheet will be under the jurisdiction of
Jefferson County. I have also included a copy of a cross-section sheet provided
by Summit Cablevision covering the facilities within County jurisdiction.
The point of contact for this project is Mr, John Hansen, project manager for
Summit Cablevislon, in Port Hadlock. His address is and phone number are listed
on the front page of the franchise.
If you have any questions, or need further information, please give me a call.
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5720 Cnpltol BoulovRrd, Tumwnlor
PO Box 474110
Olymp<n, W^ 90504,7440
360357,2740
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Department of Transportation
Sid Morrison
Secretary of Transportation
Olympic Region Headquarters
5720 Capitol Boulevard, Tumwater
P,O, Box 47440
Olympia, WA 00504-7440
(360) 357,2600
Fax (360) 357.260'
January 4, 1996
Summit Cablevision
11231 Rhody Drive
Post Office Box 1260
Port Hadlock, WA 98339
Attn: John Hansen
SR 116, MP 2.00 to MP. 2.10
Franchise 30080, Am. #1
Acceptance of Franchise
Dear Mr. Hansen:
Attached are two copies of the subject franchise amendment to construct,
operate and maintain an underground television cable system on a portion of
SR 116 in Jefferson Country.
Please file formal acceptance of the franchise amendment in accordance with
Section 8 thereof. Two blank forms of acceptance are enclosed for your use.
Please see that all required data on the forms are completed.
This franchise does not become effective unless and until this formal
acceptance, In duplicate, has been received by this office,
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WIlliam L. Martin
Region Utilities Engineer
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Washington State
Department of Transportation
Franchise No, 30080, Amendment No.1
Name and Address of Applicant:
Summit Cablevision
11231 Rhody Drive
Post Office Box 1260
Port Hadlock, W A 98339
Utility Franchise
CS 1606
SR 116
Region Olympic
Phone: (360)385-7171
The Applicant, hereinafter referred to as the "Utility," having applied for a franchise to construct, operate, and maintain
an underground television cable system
on a portion of State Route No. 116 In Jefferson County, Washington.
the Washington State Department of Transportation or Its designee, herein after referred to as the "Department,"
hereby orders that this franchise be granted for a period to expire April 19, 2020 subject to the terms
and provisions stated upon the General Provisions hereof and Exhibits attached hereto and by this reference made a
part hereof:
Exhibit "A" _ Special Provisions for Permits and Franchises, Page(s) 1,2 and 3,
Exhibit "B" - Description of franchise amendment.
Exhibit "C" _ Plan sheet showing the location and details of the utility,
Exhibit "0" _ Requirements Involving Underground Utility Encroaclunents,
Exhibit "E" - Traffic Control Plans, Pages 1, 2 & 3.
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Construction of facilities proposed under this franchise
shall begin not laler than two years and completed within
three years from date of issuance; otherwise, this
franchise shall become considered null and void,
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DEPARTMENT OF TRANSPORTATION
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Title: ~:7/<<J L:;/,!: /,-,/,.,..$ E/7,$'/;''''''r"
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General Provisions
1. This, franchise Is subject to Chapter 47.44 RCW and Chapter 468-34 WAC and amendments thereto.
2. Whenever necessary for the construction, repair, improvement, alteration. or relocation of all or any portion of said highway as determined by
the Department, or In the event that the lands upon which said highway is presently located shall become a new highway or part of a limited
access highway, or if the Department shall determine that the removal of any or all facilities from the said lands is necessary, Incidental, or
convenient to the construction, repair, improvement. alteration, or relocation of any public road or street. this franchise may be cancelled (In
whole or in part) upon notice by the Department, and any or all or such facilities shall be relocated or removed from said highway as may be
required by the Department.
3. Upon failure, neglect, or refusal of the Utility to immediately do and perform any change, removal, relaying, or relocating of any facilities, or any
repairs or reconstruction of said highway herein required of the Ulillty, the Department may undertake and perform such requirement, and the
cost and expense thereof shall be immediately repaid to the Department by the Utility.
4. The Utility, Its successors and assigns agree to indemnify, defend and hold the State of Washington, Its officers and employees harmless from
all claims, demands, damages, expenses or suits that: (1) arise out of or are incident to any negllgence by the Utility, Its agents, contractors or
employees in the use of the highway right of way pursuant to this franchise or (2) are caused by the breach of any of the condltlons and
requirements of this franchise by the Utlllty, Its contractors, agents or employees.
Nothing herein shall require the Utility to Indemnify and hold harmless the State of Washington and Its officers and employees from claims,
demands, damages, expenses or suits based solely upon the conduct or negligence of the State of Washington, Its agents, officers,
employees and contractors and provided further that If the claims, demands, damages. expenses or suits are caused by or result from the
concurrent negligence of (A) the Ut1l1ty, Its agents, contractors or employees and (6) '''e State of Washington, Its agents, officers, employees
and contractors, the Indemnity provisions provided herein shall be valid and enforceable only to the extent of the Utility's negligence or the
negligence of the Utility's agents, employees or contractors.
Any action for damages against the state of Washington, Its agents, ofncers, contractors or employees arising out of damages to a utillty or
other facl\1ty located on lhe highwaY ~ghl alway shall be subject to lhe provisions 01 RCW 47,44,1 SO,
5. Any breach of any of the conditions and requirements herein made, or failure on the part of the Utility of this franchise to proceed with due
dlllgence and In good faith anar Its acceptance with construction work hereunder shall subject this franchise to cancellation aRer a hearing
belore the Departn,ent. 01 which said hea~ng the Ull\1ty shall be given at 1easll 0 days written nollce. If at th.t lime the UlIllty Is a resident or Is
doing business In the State of Washington: otherwise, by publishing 8 notice of said hearing once a week for \via consecutive weeks In-8
newspaper 01 general clrculallon In Thurston County. Washlnglon. the last publlcallon to be at least 10 days belore lhe date ""ed lor said
hea~ng,
6. Whenever It Is deemed necessary for the benent and safety of the trave\1ng public, the Department hereby reserves the rlght to attach and
malnt.ln upon any laclllty by the Ull\1ty under this Iranchlse any required traffic control devices. auch as tralnc slgnols. lumln.lr.... ond
overhead suspended signs, when the use of such devices or attachments does not interfere with the use for which the facility was constructed.
The Department shall bear the cost of attachment end maintenance of such traffic control devices, Including the reasonable cost of any extra
construcllon beyond normol; such .xtra cost to bo detormlned lolnlly by lhO Dopa~mont ond tho Utl\1ty 01 this Iranchloe. Ills not to bo
construed that the Department Is to share In the normal cost of InstallatIon, operatlon, or maintenance of eny of the facllltle!\. Installed under thIs
Iranehlse,
7. No assignment or transfer of this franchise In any manner whatsoever shnll be valid nor vest any rights hereby granted until the Department
consents thereto and the assignee accepts all terms of thIs franchIse. Attempting to assign this franchise without Department consent shall be
cause for cancellation as herein provtded.
8, Tho Utility sholl. within 20 daY" Irom rscelpl 01 0 copy 01 this order. file wllh lhO Dopa~m.nt II. writlen .cc.ptaneo of th.lerm. ond conditions of
this Iranchls.,
9. All of tho work herein contemplated shall bo done under the supervision and to the satIsfaction of the Dopartment, and the entire expense of
oold oupeNlslon oholl b. borne by tho p.rty or po~los to whom this Ir.nchlse Is Issued,
10, The UlIllty pledg.oth.t porlormanc. 01 routlno culling and t~mmlng work will b. accomplished In eueh a monner lholthe ro.dsld. oppoorance
wlll not be disngured, When malar work Is involved or damage to roadside appearance may become slgnl,llcant, the holder shall secure the
approval of the Depnrtment In advBnco of the work.
11, The UlIllty heroby c.~Jno.lhotlhe f.cllltl.o doocrlbed In this Ironohls. oroln cempllonce wllh the Control Zone Guld.llnos.
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Special Provisions for
Permits and Franchises
Washington Slate
Department of Transportation
Permit/Franchise No. 30080, Amendment No.1
Applicable provisions are denoted by ( ~ )
~ 1. No work provided for herein shall be performed until the Utility is authorized by the following Department representative:
Bob Loshonkohl
Highway Maintenance Superintendent
1707 South "en Street
Port Angcles, WA 98362-0047
Phone: (206)457,2713
~ 2. A copy of the permit or franchise must be on the job site, and protected from the elements, at all times during any of the construction authorized by said
permlUfranchlse.
~ 3. In the event any milepost, right of way marker. fence or guard raU Is located within the limits of this project and will be disturbed during construction, these
items wlll be carefully removed prior to construction and reset or replaced at the conclusion of construction to the saUsfactlon of the Department. All signs
and traffic control devices must be maintained In operatlon during constructlon.
i8J 4. Prior to construction, the Utility shall contact the Department's representative (listed under Special Provision Number 1) to ascertaIn the location of
survey control monuments withIn the project limits. In the e...ent any monuments will be altered, damaged or destroyed by the project, appropriate action
will be taken by the Department, prior to construction, to reference or reset the monuments. Any monuments altered, damaged or destroyed by the
Utility's operalion will be reset or replaced by the Department at the sole expense of the Ullllty,
o 5, During the construction and/or maintenance of this facility, the Utility shall comply with the Manual on Uniform Trame Control Devices for Streets and
Highways, 11 determined necessary by the Oepartment, the Utility shall submit a signing and traffic control plan to the Department's representative for
approval prior to t:onstructlon or maintenance operations.
E;J 6. The Ulillty shall nolily the Department's representative upon completion of the work under this permlUfranchlse so that a nnallnspectlon can be made
and shall Immediately furnish to the District Utilities Engineer a revised franchise or permit plan of the nnallocatlon or relocation of Its facilities If the
orIginal permlUfranchlse plans ha...e been revised during the course of construction.
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7, Prior to the beginning of construclion, a preconstructlon conferance shall be held at which the Department and the Ulillty and utility's engineer,
contrnctor, and Inspector shall be present.
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8, Should the Utility choose to parform the work outlined herein wllh olher than Its own forces, a representative of the Utility shall be present at all time.
unless otherwise agreed to bV the District representative. All contact between the Department and the Utility's contractor shall be through the
representative of the Utility, Where the Utility chooses to perform tho work with lis own forces, It may elect to appoint one of Its own employees engaged
In the construction as Its representative, Failure to comply with this provision shall be grounds for restricting any further work by the Utility within the
Slate right of way until said requirement Is met. The Utility, at lis own expense, shall adequately pollee and supervise all work on the above deserlbed
project by Itsolf, Its contractor, subcontractor, agent, and others, so as not to endanger or Injure any person or property.
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o 9, The Utility agra.s to schedule the work herein re'erred to and perform sold work In .uch a manner as not to delay the Dep.rtmenl'. contractor In the
. performanco of his contract.
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Work within the right of way shall be reetrlcted to between the hours of 08:00 n,m, and 4:30 p,m, ,and no work
shan be allowed on the right of way Selurday, Sundey, or holidays, unless authorized by Ihe Department. Any lane closure. must be submitted for
appro...alln advance of U90. The hours of permitted closure may differ from the Bbolle noted hour..
If determined necessary by the Department. any or all of the olCcavnted mntorlalshall be removed and roplaced with 8ultable materials, speclnod by the
Dopartmenl,
Wherever deemed nece.sary by the Was~,lnglon Stale Department of Labor and Industries sndlor Ihe Department for Ihe asfety of lhe workerw and the
protection of the highway pavemont, the aides of tho tronch (or oxcavatlon) shall be adequately supportl!d to reduce the hazard to worker. and prevent
any dnmage by crocks, settlement, elc.. to the pavement. No othor work In the trench or e)(cDvallon Drea will be allowod until thIs requirement II met.
Trenchos shall bo backfilled 05 soon as possible bohind the laving or pipe or coble, No open trenches shall be len o...ornighl. This Includes baring or
lacking pits which ehall be covered wllh malerlal of sufficient slrongth 10 withstand the load of highway tramo If Ihe pit la not to be backnllad with
millarlal CHiCh nIght.
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Exhibit "A"
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t8J 14. All slopes, slope treatment. top soil, ditches, pipes, etc., disturbed by this operation shall be restored to their original cross section and condition. All
open trenches shall be marked by wam!ng signs, barricades, lights and if necessary, flagmen shan be employed for the purpose of protecting the
traveling public. Roadside operations may be specified by the Department's representative.
t81 1 S. Where applicable, markers shall be placed at each right of way line for all crossings and placed every 500 feet for longitudinal lines to Include:
company name, pipeline or cable Identification, telephone number for contact, and the distance from the marker to the line In feet. Markers shall be
placed so as to minimize Interference with maintenance operations. Markers shall also be placed at all changes In offset distance from right of way line
or center1ine of highway.
o 16. The utility shall install detector tape or cable approximately 12 inches above the underground facility. The tape shall conform to the standards of the
American Public Works Association Uniform Color Code.
r8J 17. In the event that construction and malntenahce of the highway facility within the proximity of the utility Installation becomes necessary during the period
which the Utility 'Nill occupy a portion of the right of way, it is expressly understood that, upon request from the Department's representative, the Utility
will promptly Identify and locate by suitable field markings any and all of their underground facilities so that the Department or its contractor can be fully
apprised at all times of its precise location.
o 18. The shoulders, where dlsturned shall be surfaced with crushed surfacing top course Inches minimum compacted depth,
or as directed by the Department's representative. The surface of the finished shoulder shall slope dovm from the edge of pavement at the rate of 0.02 foot
per foot unless otherwfse directed. The restored shoulder must not have any strips or sectlons less than 2 feet
wide. The restored shoulder shall be surfaced with
~ 19. All crossings of roadways surfaced with oil, asphalt concrete pavement or cement concrete pavement shall be accomplished by Jacking, boring, or
augering the cable or pipe under the roadway, unless specifically provided for otherwise under special provision No. 21.
r8J 20. The cable or pipe shall be placed within a suitable encasement as specified on the attached exhibits. Said encasement pipe shall be Jacked, bored, or
augered through the highway grade with a minimum depth of 5 feet from top of casing to finished road grade and a minimum of 3' /2 feet of depth from bottom
of d~ch to top 01 ca.lng,
D 21, Open trench con.INctlon will be allowed only attho.elocallons Identlfl'ld on Ihe plan exhlb~s and/or lIsled on
Exhlbll(s) , wllh re.toratlon to be perfo""ed as noted on the attached "Open Cut Detail," Exhlb~
o 22. No routine maintenance of this facility will be allowed within the IImtted access area.
D 23. Routine maintenance of this facility will not be pe""llled from the through lramc roadways or ramps 01 SR
this laclllty will be by access from
(8J 24, Bond coverage required to ensure proper compliance wllh all te""s and conditions 01 said po""lI or lranchl.e will be fumlshed by a Blanket Surety
Bond held at Headquarters In Olympia,
and all servJce to
D 25, The UIllIty shall provlde to the Department In the amount 01 $ , a surety bond written by a surety company
authorized to do business In the Stale of Washington or 8n escrow account with l!I bank approved by the Department, prior to start of constNctlon, to Insure
compliance wtth any and all of the terms and conditions of this pennlt or franehlse. Said bond/account to remaIn In force for a period ending one year after
date of completion of construction.
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D 26, The utility agre.sto bury tho a.rtalllnes covered by this franchls.ln Scenic Classes "A' and 'B", a. denn.d on allached
Exhlblt(s) either at the time of major reconstruction or the tine, for that portion of line to be reconstructed, or prior to
.""Irallon of this lranchlse,
D 27, Ullllty agr.esto bury ths a.rtalllnes covered by this r",nchlse In Sc.nlc Classes "A", "AX', "B", and/or "BX", as denned on allached
Exhlbll(s) , at th. tlm.the pol. own.r burlea Its laclllty,
D 26, The Utility agr.eslo bury or relocat. aerially the .><Istlng overh.ad lines In Scanlc Clas..s"P;Y: and "BX", as denned on allached
Exhlbll(s) , to a location acc.ptabl. to the D.partment .Ither at the lime 01 major roconatNcllon of Iha IIn., for the
portion of line to b. reconstNcled, or prtor to th. .""Irallon 0' Ihls lranchlse, The e><lsllng aertallln.s may remain In th.lr pr.senllocallon II acceplableto
Ihe Department.
D 29, The Utility agr.esto b. responsible lor any constNcllon deflclencl.s as s ..sull 01 Ih. roadway Instsllatlon,
r8J 30, No lane closuras Ihall be allowod .xcept as approv.d by the D.partment repreeentallve. Approvals may cause r.vlslon of Ipeclal provlslons, Including
hourtl or operation.
f':
31, The rasponslblllty 01 the Utility lor prop.r perrormanc., lale conduct. and ad.quate policing and sup.rvlslon 01 Ihe proJoct Ihall not be I....ned or otherwise
affected by Department IIpproval of plan., specifications, or work Dr by the presence at Ihe work silO of Ddptlrtmont mpreaflntlUves, or by compliance by the
Utility with any requl'Jlts or recommendations made by .uch representatives.
32 All melerlel and worl<mlnshlp Ihall confo"" tn the Washlnglon Stal. D.partment 01 Tran.po,tatlon S/and,1d Sp.cHrc,ffons for Road, Bridge Dnd Mun/clp.1
Construction, current edition, and amendments thereto, and shall be subject to Inspecrlon by the Department.
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rsJ 33, Any changos or modification I 10 the approv.d franchlse/pe""lt shall be IUbJoct to prior revlew and approval by tha O.partm.nt.
DOT ~7 2,...n30 EF
Pago 2
Exhibit "A"
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SPECIAL PROVISIONS FOR PERMITS AND FRANCHISES (Continued)
FRANCHISE 30080, AMENDMENT NO.1
IllI 34. A method of boring shall be utilized with the capability of monitoring and controlling the
alignment and grade of the installation.
IlI:1 35 During construction and/or maintenance of this facility, the Utility shall comply with the
traffic control plans attached and marked "Exhibit "E". Any deviation from these traffic
control plans will require approval by the Department's representative prior to
construction or maintenance operations.
III 36. Utility facilities installed longitudinally within Zone A, foreslope and backslope, shall have
a minimum cover of 42 inches except In consolidated rock where the minimum cover
shall be 24 inches with a concrete casement of four inches or a steel plate.
lilI 37. Utility facilities installed longitudinally within Zone B, outside of Zone A, shall have a
minimum cover of 24 inches including in consolidated rock where it is necessary to saw
or blast the rock to install the facility,
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Exhibit "A"
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Franchise No.30080
Amendment No. 1
Description
Beginning at a point on the right side of SR 116, opposite approximate milepost 2.00, then continuing
on an alignment along the right side of the roadway to a point opposite approximate milepost 2.10;
then crossing under the roadway to the end of the franchise amendment, on the left side of the
roadway, at a point opposite approximate milepost 2.10, all located in the NW 1/4 of the NE 1/4 of
Section 12, Township 29 North, Range 1 West, W.M., Jefferson County, Washington.
The above description is further described on the attached Exhibit "C".
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Exhibit "B"
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REQUIREMENTS INVOLVING UNDERGROUND
UTILITY ENCROACHMENTS
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Acceptable ~ R/W
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TYPICAL LONGITUDINAL DETAIL
. UsaOI.. shoulders
AI I traffic lanes
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_ .Unli'onn all<lnlTl!ln1' and
orad.. au near a" practlcaol..
1'0 the rlQh1'-of-.ay Iln..".
Uti lity facilities shal I be buried in accordance with
the Provisions for Permits and Franchises.
Zone A Is the area within the foreslope and backs lope where
rout I ne me i ntenance operat Ions tJenera I I Y occur. ' Th I s area Is
defined os five feet beyond the bottom of the ditch or 15, feet
beyond edoe of shoulder. whichever is further.
Zone B Is the area outside of the roadway and Zone A.
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TYPICAL CROSSING DETAIL
Casino Plpss shculd b..
sealed and vented near
R/W lIne If required.
Mercn '4. '990
EXHIBIT "0"
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NOTE. FOR OPERATIONS OF IS MINUTES OR LESS', oll/"slgns
ond channelization devices may be ellmlnoted.
FOR OPERATIONS OF Go,MINUTES OR LESS.
channelization devices ore required - signs
ore recommended.
MINIMUM TAPER lENGTll III IN FEl,
Pas ted Speed Imph)
25 30 35 ~o 45 50 55 6S
E 10 105 150 205
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;~12 125 180 245
250+-
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GENERAL NOTES
G20,2A
40"X24"
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I. Buffer Vehicle recommended -
moy be 0 work vehicle
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FJYWC#I~1E- ~~, AM. #:-1-
1UMJllff CA/R.lEV I :::JI/JA/
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30 I~I~S 60
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LEGEND
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SIGN LOCATION' TRIPOD MOUNT
D D D CHANNELIZING DEVICES
IE:J our FER VEIIICLE - RECOMMENDED
SHOULDER CLOSURE - LOW SPEED
C 35 MPH or I ess I
T .C.P. 6
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and chonnellza11an devices may be eliminated. :'
rOR OPERATIONS Dr 60 MINUTES OR lESS,
channellza110n devices ore required - signs
are recommended.
EXHIBIT "E': ,lACE. Z
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GENERAL NOTES
SOO....AX.
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I, No encroachment on travel led lone, If
encraachmen1 Is necessary, lone must
be closed.
2. Duffer Vehicle recallvnended _
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or reverse cone
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of work area
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Freeways 55 Ml'1I 1000.'.. 40 80
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265 450 500 550
295 495 550 605
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MINIMUM rAPER LENCllt flllN FErl
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LEGEND
SIGN LOCATION -
TRIPOD "'OUNT
CIlMHlEI.IZING DEVICES
J20 540 600 660 180
D D D
CJ!EJ OUrrER VEllIClE - flECOt.t'-lEIIOEO
51l0ULDER CLOSURE - "'GII SPEED
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GENERAL NOTES
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I. Wor'k hours sholl be during doyllght hOUl"S only.
2. Two floQgers wll' be required.
one for each dIrection.
3. SIQn sequence Is the some for both
directions of trovel.
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TillS PLAN NAY NEED TO DE ADJUSTED TO FIT SITE CONDITIONS.
REFER TO IIlE NANUAL ON UNIFoRN TRAFFIC CONTROL DEVICES (NUTCol
P'RT VI DR CONTACT THE TR.FFIC CONTROL ENCINEER.'
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SICN LOCATION
TRIPOD NOUNT
TRAFF IC SAFE TY CONES
10" UIN,
FLACCINC STATloH
DDD
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IJrbon Ilow SpUdl 25/H UP'l 250'..
20
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SHORT TER~ liS ~IN. ~AX.' TRAFFIC STOP
FLAGGER CONTROLLED
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DIVISION
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David Skeen
JEFFERSON COUNTY PROSECUTING ATTORNEY
Courthouse ,,, P.O, Box 1220
Port Townsend, Washington 98368
Telephone (360) 385-9180 FAX (360) 385-0073
Paul McIlrath, Chief Deputy
Walter H. Perry, Deputy
Juelie Dalzell, Deputy
Richard Suryan, Deputy
MEMORANDUM
TO:
K. Bob Henderson
/s\
AttorneyG.0)
FROM:
Paul E. McIlrath, Deputy Prosecuting
January 2, 1996
Franchise Amendment Resolution
DATE:
RE:
Recently, you asked for the status of a Resolution you had sent
to our office last summer. It is my understanding that the Board
of County Commissioners approved the resolution you referenced.
certainly, the materials you provided to the Board indicated that
our office had reviewed and made no comment to the proposal. I
am therefore somewhat confused as to what further you require
from our office. If the Board has adopted the resolution then
there is no need for further review by our office.
Please do not hesitate to call me if you believe there is need
for further legal review.
PEM/mm
IV-'
cc: Klara Fabry, Dir. of Public Works
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JAN 041996
JEFH,:.11S0N COUNTY
PUBLIC WORKS DEPT,
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3778S6
STATE OF WASHINGTON
COUNTY OF JEFFERSON
IJ':, ~ C: ~,;;niJRY
: ~ ;t.~'~ = ~~~:~c~~j1y AUDITOR
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In the matter of
x
RESOLUTION NO.
Granting a Non-Exclusive Franchise x
On County Road Rights of Way to x
Sam Boling x
WHEREAS, an Application for non-exclusive Franchise has been submitted by SAM
BOLING , a true copy of which is attached hereto, for the purposes set out in the said
application, and
WHEREAS, the current application is identical to a previously approved franchise
which Mr. Boling allowed to lapse prior to completion, and
WHEREAS, hearing on the said application was held before the Board of County
Commissioners of Jefferson County, Washington, on January 31, 1994, 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) The proposal is not in conflict with the Jefferson County Comprehensive Plan;
2) Provision will be made through a bond to insure maintenance and repair of the
county road system as it relates to construction and operation of the water
system;
3) The water system will form an integral part of the fire protection services
available for future development in the area; and
4) The proposal is reflected in the application filed by Mr. Boling on January 10,
1994, which is incorporated by reference herein,
I;'
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:
That portion of'the county road known as Black Point Road, County Road No,
242609, more descriptively shown on attached Exhibit A, and lying in Section 15,
Township 25 North, Range 2 West, W.M,
This non-exclusive franchise is granted upon the following express terms and
conditions:
(,
(I) The said GRANTSE, 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, 2-8\, nn ordinance
prescribing terms anel conditions for franchise agreements granted by Jefferson
County, are incorporated herein by reference and made a part of this Resolution,
'--'
Resolution Granting Franch ise: Sam Bol ing, Blaclc Point Rd. water system
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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 County Engineer having recommended, and the Board of County Commis-
sioners having set and approved the amount of $8,000 (Eight Thousand Dollars) for
a surety bond pursuant to Section 19 or Ordinance 2-81, the GRANTEE shall obtain
and execute with a corporate surety such bond or similar security, and furnish it to
Jefferson County to ensure GRANTEE's performance of all obligations under this
franchise and requisite permits. This amount is based on the GRANTEE's
representation in the application of eight hundred feet (800') of six-inch (6") diameter
PVC pipe. GRANTEE shall retain this account for the life of the water system's use
of the franchise or untill the water system is accepted by a public entity.
(5) 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.
(6) The fUll acceptance of this non-exclusive franchise and all its tenns 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.
(7) The GRANTEE shall comply with all laws and regulations of the State of
Washington, including creating and recording documents necessary to ensure the
perpetual existence of the well protection radius as required by law, included, but not
limited to, WAC 248-54 as now or hereafter amended. The GRANTEE shall supply
copies of all agreements executed or recorded regarding the water system.
ADOPTED THIS JDAY OF ~~::t~ 1994.
FFERSON COUN Y
BO D OF COMMISSIONERS
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Mark Huth
Prosecuting Attorney
ResolutJon Granting Franchise: Sam Boling, Black Point Rd. water system
vOt 51.9 p"~f205
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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 Sam Boling, for construction, operation and
maintenance of a , 6" w~ter line main along and across the county roads rights of way
described in Resolution No. -94, approved by the Board of Jefferson County
Commissioners on the 31st day of January, 1994.
Dated this '2.. e-; day of GI-- , 199 +..
Mr. Sam Boling
Applicant '~
~~'- ~ ~
APi' t Signature 7
I
...................................................................................................................................
STATE OF WASHINGTON
COUNTY OF JEFFERSON
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On this day personally appeared before me Mr. Sam Boling, to me known to be the
individual described in and who executed the within and foregoing instrument as his free
and voluntary act and deed. '
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3~jj.73'11
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
Granting an Extension of an Existing
Franchise On County Road Rights of
W'ey to Jefferson County P.U.D. #1
RESOLUTION NO, ~-96
x
x
x
WHEREAS. an Application for Extension of the Expiration Date for Franchise #65-
84 has been submitted by Jefferson County P.U.D. #1, 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 May 13, 1996. at the hour of 11 :25
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 extension of
expiration date request, based on the following findings of fact and conclusions:
1 ) The proposal is not in conflict with the Jefferson County Comprehensive Plan;
2) The proposal is not in conflict with the Coordinated Water System Plan;
3) Installation and maintenance of a properly functioning water system, which can
provide a reliable source of water for drinking. firefighting. and other safety
considerations, is in the interest of the public health and protection;
NOW THEREFORE IT IS HEREBY RESOLVED that the non-exclusive franchise #65-
84 granted to the applicant named above (GRANTEE) on the 15th day of October, 1984 is
hereby extended for a period of seventaen (17) years from the date of the original Resolution
and shall expire on the 15th of October 2026, 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 par,
ticularly described as follows:
Those county roads lying in Section 34. Township 26 North, Range 2 West. W.M.
In the Plats of Lazy C Ranch. .
(1) The GRANTEE shall commence construction work under this non-exclusive
franchise only after first securing necessary approvals and permits from the County
Planning Department and the Department of Public Works. Anv construction or
installation of utilities oranted bv this resolution shall comDlv with the Drovisions of
Jefferson Countv's Utilitv Accommodation Policv. Resolution No. 38-91 aflSlJyith the
Drovisions of the countv's Franchise Ordinance. Ordinance No. 2-81.
(2) The full acceptance of this Amendment to the non,exclusive franchise #65,84
and all its terms and conditions within thirty (3D) days from this date, by the
GRANTEE. in writing. is to be filed with the Clerk of the 80ard of County
Commissioners of Jefferson County and shall be a condition precedent to its taking
effect, and unless this Amendment is accepted within such time, this grant shall be
null and void.
ADOPTED THI~Y OF "72f-' 1996.
JEFFERSON COUNTY
BO,a,RD OF COMMISSIONERS
(Ex~us~{) MSWl!..-E:-)
Rlchar WOjt, Chairman
IJ:
SEAL:
ATTEST:
r
L--~t'lJ ((I"rtdlt' .j.,'tbt.r/-c.'
W:;'rna L. Delaney J v)
"Clerk of the Board .
':~cOnDED Ir~ 3s
YO~P^GE~
Of O:'.rJCI~I;.RECORDS
Q\.,,-~'.oo:Of
9G~PU.33.'J';1 2: 09
DO~I~ir. t:#nIDGf.
--1Lf~R~5~~ :~"~'( t,UDITOR
(...;A~ \, OC'IIT'f
.~~)
VOL
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35
JUN ~ J J996
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ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS
I hereby accept the terms and conditions specified under
Ordinance No. 2-81., for an Amendment to the Non-Exclusive Franchise
granted to Jefferson county P.U.D. #1., for construction, operation
and maintenance of a water system along and across the county
roads rights of way described in Resolution No. 42-96, approved by
the Board of Jefferson County Commissioners on the 28th day of
May, 1.996.
Dated this
J
day of S),u. '7L''':''--
, 1.996.
.U.D. #1.
COUNTY OF \,
}
ss
}
"
1/
On this d y personally appeared before me Mr. James G. Parker,
Manager, Jefferson County P. U. D. #1., to me known to be the
individual described in and who executed the within and foregoing
instrllml,mt as his free and voluntary act and deed.
GIVEN under my hand and official seal this ,3'~"(day of
}t.'("11.L....---o , 1.996.
'c,L:5c.:' ,/~1'II'Sk"c,,'/ I.~a;
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PRINT: 'P<{('lk~,~c~ <-..J,;''-,( >-, De.(--,;;j
Notary public in and for
'rhe state of WJlshington, :
residing at ~/tY..7 Ufj'llrq~
(f:
/_/_ ~,'-,;<DO(J , :i99-2:;:;.6,/6
MY COMMISSION EXPIRES
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VOL._ PAGE?:iQ,
, OF CFFICli\L RECORDS
STATE OF WASHINGTON ~"O(]t:~S7 CF
COUNTY OF JEFFERSON or-' '~IO 0"
~c5.~~ ,)
r7V- -", ;.:. lU;..:~~G::-
RESOLUTION NO,i:FlD-:~~ CC~,'i: ':' :.~CITC"
~;-::-,
39432:1
In the matter of
x
Granting a Non,Exclusilie Franchise
On All County Road Rights of
Way to Jefferson County P.U.D. #1
x
x
x
WHEREAS, an Application for Franchise has been submitted by Jefferson County
P.U.D. #1, 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 Jeffarson County, Washington, on August 26. 1996, at the hour of 11 :25
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 franchise request,
based on the following findings of fact and conclusions:
1) The proposal is not in conflict with the Jefferson County Comprehensive Plan;
2) The proposal is not in conflict with the Coordinated Water System Plan;
3) Installation and maintenance of a properly functioning water system, which can
provide a reliable source of water for drinking, fire fighting, and other safety
considerations, is in the interest of the public health and protection;
NOW THEREFORE IT IS HEREBY RESOLVED that this non-exclusive franchise is
granted to Jefferson P.U.D. #1 (GRANTEE) , to construct, operate and maintain various
water systems, 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:
All County roads in Eastern Jefferson County by Section, Township, and Range as
described in Exhibit" A", attached.
(1) The GRANTEE shall commence construction work under this non-exclusive
franchise only after first securing necessary approvals and permits from the County
Planning Department and the Department of Public Works. Anv construction or
installation of utilities oranted bv this resolution shall comDlv with the Drovisions of
Jefferson Countv's Utilitv Accommodation Policv. Resolution No, :~8-91 and with the
Drovisions of the countv's Franchise Ordinance. Ordinance No. 2-81.
(2) Upon the full acceptance of the terms and conditions of this non-exclusive
franchise all other franchises previously granted to Jefferson P. U. D. # 1 shall be
considered null and void.
(3) The full acceptance of this Amendment to 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
this Amendment is accepted within such time, this grant shall be null and void.
34 ,__..f.-h./ /---
ADOPTED THIS _ DAY OF~9!ir6.
~
r;
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~"--
. ~d-
orna . elaney
Clark of the Board
VOL
r:;;r::~- 3-'A
.).)8 '".r' b'i
--
SEP 0 4 1996
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EXHIBIT" A"
TOWNSHIP RANGE SECTIONS
25N IW ALL INCLUSIVE
25N 2W ALL INCLUSIVE
26N IW ALL INCLUSIVE
26N 2W ALL INCLUSIVE
27N IE ALL INCLUSIVE
27N IW ALL INCLUSIVE
27N 2W ALL INCLUSIVE
28N IE ALL INCLUSIVE
28N IW ALL INCLUSIVE
28N 2W ALL INCLUSIVE
29N IE ALL INCLUSIVE
29N IW ALL INCLUSIVE
29N 2W ALL INCLUSIVE
30N IE ALL INCLUSIVE
30N IW ALL INCLUSIVE
30N 2W ALL INCLUSIVE
3IN lW ALL INCLUSIVE
"
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APPLICATION FOR FRANCHISE
ill)
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>>. I r /996 IGI
)UF~o~,'. ,..,. IJ
F-E~,:i;'f ~.:~.<.:;.':'
TO:
THE BOARD OF COUNTY COMMISSIONERS
OF JEFFERSON COUNTY, WASHINGTON
BY:
James G. Parker, Manager
FOR:
Public Utility District #1 of Jefferson County
ADDRESS: P.O. Box 929 - 24 Colwell Street, Port Hadlock, WA 98339
Application to the County Commissioners of Jefferson County, Washington, for
a franchise to construct, operate, and maintain
water transport and distribution lines consisting of
booster pumps, water ma~ns, valves, and other appurtenances
upon, under, over, across, and along the rights of way of the county roads of Jefferson
County, Washington, more particularly described as follows, to-wit:
Entire Eastern Jefferson County
None of the roadway over which this franchise is requested is located within the
limits of any incorporated city or town.
The Applicant hereby requests that the BOARD OF COUNTY
COMMISSIONERS fix a time and place for hearing this application and cause the
Auditor of said County to give public notice thereof in the manner provided by law,
and that upon such hearing the Board make and enter a proper order granting to this
Applicant, its successors and assigns, the franchise rights herein applied for.
DATED this 9th July .1992,..
COUNTY
"
".
(fitIe)
r:--
"-.....)
Phone: 3S g- - ~OO
"~6
VOL 559 .:..,:Ju
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ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS
I hereby accept the terms and conditions specified under
Ordinance No. 2-81, and Resolution No. 38-91, for a Non-Exclusive
Franchise granted to Jefferson county P.U.D. #1, for construction,
operation and maintenance of various water systems along and across
the county roads rights of way described in Resolution No. 78-96,
approved by the Board of Jefferson County Commissioners on the 03rd
day of September, 1996.
Dated this 4-
day of
S.e;i'~ JIlt ~e:l'L , 1996.
P. U.D. #1
. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
................................................................................................................................ ..
STATE OF WASHINGTON
COUNTY OF ~~~t~
// 't-
On this day personally appeared before me Mr. James G. Parker,
Manager, Jefferson County P.U.D. #1, to me known to be the
individual described in and who executed the within and foregoing
instrument as his free and voluntary act and deed.
)
ss
)
/,'l'
GIVEN under my hand and official seal
.Af'77_ndk'/; ,1996.
1;3IJ!.-l-d~ ~N /8.u'?:;
PRINT: ?-:':/rhtl...a ~Je<l{ 'rsoL7--tf>
Notary Public n and for
The State of Washington
residing at tJ?,j- -"tdh.,J./L
MY COMMISSION EXPIRES tf-(.o-~OOcJ
this !L!!!: day of
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FRANCHISE REVIEW CHECKLIST
1.
Type of Franchise: E rI-I u~
Location: I/j/~.R--c/)J2.. t 04J!- ~'/
Proponent: ~ bit:/? 4 )r 6.e.4hA-tA/'1
Date Received: Ij/2-o-l 9p
Date Accepted as Complete: 711--wt~
Site Inspection Date: 12--- /O%?tJ'
Date Hearing set: 12// lr __6:
F /
To City, Auditor, & Postmaster: I )JoP
Date of Publishing: 1<" 10(. - /2.- / /~
I I
Date Copies to Health: /.2.-/1':>5
~
Prosecutor: if
2.
3.
4.
5.
6.
7.
f!:
County Engineer: II
Planning: '1
8. Date Comments Due: Ie... II 2-
/
9. Draft Comments by: Il../I~
10. Date Staff Report To Official: I ~ /';.;
,/
,-----_ II. Date Resolution created: / z..- 1 /9
12. Date sent to Prosecutor's Office:' /Z--- /
~, __13.---Bate-bacIrlrOm"'Yrosecutor-ff- '" I {,or S2--- ,J~~'o
14. Date BOCC signs resolution: . -r //5"
7"'tJ' c:~~ .3/ /d~C
IS. Date acceptance of conditions: ~ /2..2
is mailed to applicant .
16. Date signed acceptance is ~~ /'76
received.
17. Date of recording with Auditor 7"~~. / 7b
Copies to: Applicant <j J/6 19~ I
Public Works ,,/ /1 D / 9;"
Original to Boec I .II';; c; / '? 6
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JEFI'ERSON COUNTY
- PERMIT CENTER
621 SHERJDAN
PORT TOWNSEND, WA 98368
(360) 379-4450 OR
1-800-831-2678
-
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JEI fERSON COUNTY J
PERMIT CENTER
APPLICATION FOR PERMIT
Permit # 2(j--5-?
Mile Post
Fee Paid ~
.3 - -:z.- 7' <7 ""
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APPLICANT PLEASE PRINT OR TYPE ALL INFORMATION '''AKE CHECKS '^ V ABLE TO lEFFERSO' COC'TY PER"" CE'TERi
APPLICATION IS 0
HEREBY MADE
FOR A: 0
ROAD APPROACH PERMIT
FEE $35
ROAD APPROACH & ADDRESS
FEE $45
COUNTY ROAD NAME;
lKJ
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UTILITY INSTALLATION PERMIT
FEE 535
GENERAL PERMIT
FEE 535
MILE POST~?
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'AY IS TO CONSTRUCT, OPERATE AND MAINTAIN A~ F/-FlIJF';\!r LlllL:
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PLEASE ATIACH A MAP OR DRAW A DETAILED SKETCH . ~ ccr+&r-c.L;.Q
THE UNDERS:GNED SUBMITS SAID AP'ATI~~S AND ACCEPTS THE CONDITIONS AS SET FORTH,
" <" ;Ii;:', y--"d~/t.",!, "~-;:.;.:<<-k<,,-<,,
ApPI.ICANT (O~ER, UTI,LlTY, ETC,) ",
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MAILING ADRESS
CITY - STATE -- ZIP CODE
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PERMIT II
MILE POST
PERMIT TEHCNICIAN'S REPORT
PEE PAID
REVIEWED IN FIELD THIS
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DAY OF
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PRELIMINARY INSPECTION REPORT:
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FINAL INSPECTION REVIEWED TI-IIS
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o UNSATISFACTORY JOB
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COMMENTS:
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SIGNATURE
PERMIT TECHNICIAN
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with sealed ipints from 10' :
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9504 Phinney Avenue North, Seattle, WA~610il
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EFFLUENT LINE ESTIMATE FOR FRANCHISE #26-96
JEFFERSON COUNTY, WA
Materials placed in Right-of-Way
Rentals
185 Feet 2" Poly Pipe $1. 51 $279 cA-
120 Feet 2 1/2" Sch 40 Conduit $0.87 $104 (-/i
2 ea couplings $10.60 $21 o(~
bedding sand $100 /
V
miscellaneous $50 t (~
Grund.mat WI Compressor $1,000 (~ IW/~
traffic control $50 '2
cones, J
Trenching: 2 days $1,200 (;l(lr
$2,805
$227 ?
Total. $3,032
BackHoe
SST
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TG3-LINE.XLS
6-4-96
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SAFECDo
f;:,J=~~!~
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--- '
----
BOND NO, 5875165
THE COUNTY OF JEFFERSON, STATE OF WASHINGTON
BOND TO PERFORM WORK ON COUNTY RIGHTS-OF-WAY
KNOW ALL BY THESE PRESENTS, That we, John Thomas Graham as Principal, and SAFECO INSURANCE
COMPANY OF AMERICA a corporation organized and existing under and by virtue of the laws of the State of
Washington authorized to do, and doing business as a surety company in the State of Washington, as Surety, are held
and firmly bound unto the County of Jefferson, a municipal corporation of the State of Washington, in the penal sum
ofTen Thousand and no/IOO,--Dollars ($10,000.00), gold coin of the United States, for the payment of which,
well and truly to be made, we finnly bind ourselves, our and each of our heirs, executors, administralors. and
assigns, jointly and severally by these presents,
Scaled with our seals and dated this 4th day of June, 1996,
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above named Principal
has applied for a penn it to do certain work on a Jefferson County roadway, street, alley, avenue other public plllce,
known as construction ofscwage cfOueut liuc In public rlght.of-way at Oak Ray Road during a period ending on
the 1 st day of October, 1996.
NOW, THEREFORE, if the above named Principal shall indemnify and save harmless the County of Jefferson. from
ali claims, actions or damages of every kind and description which may accrue as a result of opening and/or working
upon any roadway, street, alley. avenue or other public plaec, by him or those in his employ, in installing or making
connections with any public or private sewer or water system, or any olher purpose or objecl whatever and that he
will replace and restore such roadwllY, street, alley, avenue or other public place to as good a state or condition as at
the time of the commencement of said work, and maintain the same good order to the decided satisfaction of Ihe
County ROlld Engineer, and thllt he will comply with all the provisions of his or their franchise or penn it, and all
resolutions or instruments relating thereto, Ihen this obliglltion to be void, otherwise to remain in full force and
effect.
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SArECO INSURANCE COMPANY or AMERICA
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By: ~-"',.,.... _e:L,._~_1...:'__
Sne Hntchinson, Attomey,in.Fnct
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SAFECO
$AFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFF I CE: SAFECQ PLAZA
SEATTLE, WASHINGTON ga185
POWER
OF ATTORNEY
No, 6903
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corporation. does each hereby appoint
...n.......................... SUE HUTCHINSON .................................................
its true and lawful attorney(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
docunents of a similar character issued in the course of Its business. and to bind the respective canpany thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA haYe each
executed and attested these presents
this
4th
January
19~.
d"'lof
CERTIFICATE
"
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and or GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13. - FIDELITY AND SURETY BCNDS . . . the President, a",! Vice President. the Secretary, and a",! Assistant Vice
President appointed for that purpose by the officer In charge of surely operations. shall oach have authOrlly 10 appolnt Individuals as
anorneys-In-fact or under other appropriate titles with authOrity to execute on behalf or the compa"'! fidelity and surety bonds and
other docUllonts of similar character Issuod by the cempa"'! In the course of Its business . . . On arTi InstrUllent making or ovldenclng
such appolntmMt. the signatures m"'l be affixed by facslmllo. On a"'!lnstrl,ment conforrlng such authOrity or on a",! bond or undeMaklng
of the compa",!. the soal. or a facslmllo theroof, m~ be impressod or affixed or In arTi other manner reproducod: provldod. hOwDYer.
that tho soal shall not be nocossary to the validity of 1"'1 such Instrunont or undortaklng.-
Extract from a Resolution of the Board of Dlroctors or SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970.
"On a",! cortlflca,o oxocutod by the Socretary or an assistant secretary or the Compa",! setting out.
(I) The provisions of Artlclo V. Soctlon 13 or tho By-Laws, and
(II) A copy of lho powor-of-altorney appolntmont, oxocutod pursuant thoreto. and
(III) Cortlfylng that said power-of-attorney appointment Is In full 'force and effect.
the slgnaturo or the cortlfylng officer m~ bo by facsimile. and tho soa' or tho Compa"'! rM-/ be a facsimile thoroor."
11:
I. R. A, Plorson. Socrelary or SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,
do horeby cortlry that tho forogolng oxtrocts of the By-Laws and or a Rosolutlon of lho Board of Dlroctors of these corporations. and
or a Powor or Attorney Issuod pursuant thoreto, are truo and corroct. and that both tho By-Laws. tho Resolution and the Powor or
Attornoy aro sllll In full rorco and effoct.
IN WITNESS WHEREOF, I havo horounto sot "'" hand and affixed the facsimile soal of said corporallon
this 4 th d"'l of June
19~.
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(!) Aegllt.tld ,r.CI,marl( of SAFECO CDfpara1l0n.
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EFFLUENT LINE ESTIMATE FOR FRANCHISE #26-96
JEFFERSON COUNTY, WA
Materials placed in Right-of-Way
185 Feet
120 Feet
2 ea
2" Poly Pipe
2 1/2" Sch 40 Conduit
couplings
bedding sand
miscellaneous
$1.51
$0.87
$10.60
Rentals
Grund~mat W/ Compressor
cones, traffic control
BackHoe
Trenching: 2 days
SST
Total:
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t-:;;ct!Ir -S
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,<CI.-<.--t-! d.-?u/-y,/ L-#-! . / "7,,
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$279
$104
$21
$100
$50
$1,000
$50
$1,200
$2,805
$227
$3,032
6-4-96
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
\
P.O, Box 2070
1322 Washington 51.
Port Townsend, WA 98368
(360) 385,9160
Klara A Fabry. Director/County Engineer
March 22, 1996
Mr. Thomas Graham
9504 Phinney N.
Seattle WA 98103
Dear Mr. Graham;
~
On March 18th, the Board of county Commissioners approved granting
you a franchise to install and operate an effluent line on Hiller
Drive with certain conditions attached. Before you start
construction, a construction bond, letter of credit, or savings
account assignable to Jefferson County in the amount of ~50% of
construction costs must be provided, as well as a maintenance
surety bond or assignable savings account in the amount of $5.00/ft
of effluent line for 125 feet or $625.00. A copy of the res01ution
is enclosed. The resolution is not activated until the enclosed
Acceotance of Franchise Terms and Conditions is sianed and returned
to the Department of Public Works. Please read the franchise and
the staff report carefully, sign the Acceptance of Terms, and
return the Acceptance to me for recording. Upon receipt of the
Acceptance the franchise will be finalized.
No work may be performed until these conditions are met, the county
receives the sureties, and the Resolution granting the franchise
has been signed. Your construction surety will be released upon
final inspection and approval of the work done on Hiller Drive for
the installation of your water line.
Please feel free to contact me should you need further assistance.
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K. Robert Henderson
Right-of-Way Permit Technician
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100% Rocyclod Papol
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
389~.iO
In the matter of
x
Granting a Non-Exclusive Franchise x
On County Road Rights of Way to x
Mr. Thomas Graham x
RESOLUTION NO.
26-96
WHEREAS, an Application for non-exclusive Franchise has been submitted by Thomas
Graham, 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 18, 1995, 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;
2) 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 septic
system;
3) Installation and maintenance of a properly functioning septic system purposes is
in the interest of the public health and safety;
4) The proposal is reflected in the application filed by Thomas Graham on
November 28, 1995, which is made in accordance with the Jefferson County
Franchise Ordinance 2-81;
NOW THEREFORE IT IS HEREBY RESOLVED that a non-exclusive franchise 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 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:
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County Road No. 574309, Hiller Drive, in Hiller's Waterfront Tracts in Section 7,
Township 29 North, Range 1 East, WilIamette Meridian.
This non-exclusive franchise is granted upon the folIowing 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 franehise agreements granted by Jefferson County,
are incorporated herein by reference and made II part of this Resolution. The
GRANTEE, for itself, its successors andlor 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 mailer.
VOL 54H ~k.r :32.1
~~DED 114
VO P ^ G~'?:/d2::0
OF FICI L RECORDS
, \ c:.EQUEST OF
MR'-2 ANIO: 57
DO'lrmfft1~~~l~
JEFFERSON COU/lT Y AUDITOR
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(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.
Anv construction or installation of utilities f!ranted 1w this resolution shall comvlv with
~~ !:~~tf;~f !:o~:~~~~;:'jfo::,;gi!; #::::Ch'(;~~%;'::~:VO~~:::/::eo~o~oi_::.-
~~ ~: ~gf';J~~e ~:,~~. n~~~clUSive franchise am! all ~t~ te~s and conditio.ns
. hzn h _ . _ _ fr. IS . by the GRANTEE. In wntznl{. IS to be filed WIth
:~~~ f ~~'iBfir1 ~:Jo~~ ~ommissioners of Jefferson, CouTUy a.nd .shall be a
______ .rg,,_---1L o.1s __nrr e .J;. and unless the non-exclUSIve franchIse IS acceDted
within such time. this f!rant shall be null and void.
ADOPTED THISLDAY OF Y7111uA
-
,1996.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
SEAL:
A TIEST:
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ma L. e aney
Clerk of the Board
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ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS
I hereby accept the terms and conditions specified under
Ordinance No. 2-S1, for a Non-Exclusive Franchise granted to Thomas
Graham, for construction, operation and maintenance of a single
family effluent line along and across the county roads rights of
way described in Resolution NO.26-96 , approved by the Board of
JefferSo~ cou~ty commissioner~~ the~1sth day of March, 1996.
Datedth~s ,.,2..1 day of ~ , 1996.
Signature
.... ......... ..... ..... ........... ... ......... ...... ..... ........
..... ... ..... ...... ...... .......... .......... ........ ..... ........
STATE OF WASHINGTON
COUNTY OF ~t')uh'UMiSh
S5
"
On this day personal.ly appeared before me Thomas Graham, to me
known to be the individual described in and who executed the within
and foregoing instrument as his free and voluntary act and deed.
GIVEN under my hand and official seal this ,;>qth day of
r:"al"~ ,19~6. .
s~gn: _~ ~
print: Kavin Cas+efL'
Notary Public in and for
The State of .wq.shingtons
residing at E4vn On d
MY COMMISSION EXPIRES '7-/ s;-~ C; 0
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
Granting a Non-Exclusive Franchise x
On County Road Rights of Way to x
Mr. Thomas Graham x
RESOLUTION NO.
26-96
WHEREAS, an Application for non-exclusive Franchise has been submitted by Thomas
Graham, a true copy of which is attached hereto, for the purposes set out in the said
appIicati~n, and
WHEREAS, hearing on the said application was held before the Board of County
Commissioners of Jefferson County, Washington, on December 18, 1995, 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;
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 septic
system;
Installation and maintenance of a properly functioning septic system purposes is
in the interest of the public health and safety;
The proposal is reflected in the application filed by Thomas Graham on
November 28, 1995, which is made in accordance with the Jefferson County
Franchise Ordinance 2-81;
3)
4)
NOW THEREFORE IT IS HBREBY,RESOLVED that a non-exclusive franchise 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 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. 574309, Hiller Drive, in Hiller's Waterfront Tracts in Section 7,
Township 29 North, Range I East, WiIlamette 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, maint.'lining, 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 agrccments granted by Jefferson County,
are incorporated herein by reference and made It part of this Resolution. The
GRANTEE, for itself, its successors and/or assigns, expressly agrccs 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 Enginccr before doing work under this non,exclusive franchise
and performing other actions relating to the franchised maUer.
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(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.
Any construction or installation of utilities !!ranted by this resolution shall comDN with
the provisions of Jefferson Countv's Utiliry Accommodation Poli0'. Resolution No. 38-
91 and with the vrovisions Q/the county's Franchise Ordinance. Ordinance No. 2-81.
(5) The fUll (U;c~ptance of this non-exclusive franchise and all its terms and conditions
within thirty (30) days from this dare. by the GRANTEE. in writill!!. is to be filed with
the Clerk qf the Board of County Commissioners q,f Jefferson Countv and s1UJll be a
condition vrecedent to its takin!! effect. and unless the non-exclusive franchise is lU:ceDted
within such time. this grant shall be null and void.
ADOPTED THISLDAY OF Yh/lA.JfA
-
,1996.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
SEAL:
A TrEST:
. ~~ OoP ,.
~ JrYWLteJ, OJ()~~
~rRa L. Delaney
Clerk of the Board
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ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS "
I hereby accept the terms and conditions specified un~er
Ordinance No. 2-81, for a Non-Exclusive Franchise granted to Th6~as
Graham, for construction, operation and maintenance of a single
family effluent line along and across the county roads rights/~6f
way described in Resolution No.26-96 , approved by the Boarff of
Jefferson County Commissioners Z the 18th day of March, 199~.
lJ Cl /'l I '
Dated this .-,.- I day of Ild/l--cl'i _ , 1996.
---A>/-Irt/ ;;;(11"/1 /-l S C/r4/-/ /-l/Yl
Appl,icant Nall1e- (PRINT) / /.,
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Appl~cant S~gnature
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
STATE OF WASHINGTON
COUNTY OF <;t')i.;huf'r"l'\Sh
ss
On this day personally appeared before me Thomas Graham, to me
known to be the individual described in and who executed the within
and foregoing instrument as his free and voluntary act and deed.
hand and official seal this d)Cjth day of
GIVEN under my
(V',(:;(V'4;;: ,19~6.
Sign: _CU"1..u-v QwJ:J.1
Print: KClvin CCis,+efL'
Notary Public in and for
The State of Washington,
residing at !=-.:I ; ",-, i:"n:.' :'
MY COMMI$SION EXPIRES '7- I ':;. co;; (~
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Consent Agenda Item
FOR WEEK OF:
March 18, 1996
I. DESCRIPTION - a brief description of the agenda item:
Please include projcct, road, contract, grant, etc, number if one is available for the Commissioners' Index,
Resolution to grant a non-exclusive franchise on County rights-of-way to Mr, Thomas
Graham,
II, ISSUES - a short outline of the major issues or areas that should be given particular
attention:
m. ACTION: - what is the nature of the action the Board is being asked to take (discussion,
approval ofa contract, support for a grant, etc,)? You may also want to express the
department's position or recommendation,
The BOCC is asked to approve and sign the Resolution and return to Bob Henderson
in Public Works,
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STATE OF WASHINGTON
COU~~~~~:~~~SON,'-)f Publication
Notice of Hearing on .. 'JNGTON)
AppllcsUon for Franchise - : : :'7 SS
Thomas Grahem, Applicant '. ;=ERSON)
RESOLUTION NO. 111-115 ' ,
NOTICE IS HEREBY GIVEN that Thomas Graham has filed an applicallon,blilng sworn, says he Is the publisher of the Port
with the Board of County Commissioners of Jefferson County, Washington, for:Ill,County Leader, e waekly newspeper which has
a franchise to'construct, operate, and maintain, a sln91e family, pressurized.P'!bllshed In the English 'enguage and circulated
eftluentllne, authorized under Title 56 RCW, Including those common under. ~kly newspeper In the town of Port Townsend In
Title 56 and 57per56.20.015,conslstlngof Installation andservl ceconnectlonsJa,te. end for generel circulation In seld county for
upon, under, and along the rl9hts of way of a county road of Jefferson County;:1OI!ths prtorlo the date of the first publication ofthe
Washington, as shown on attached exhibit "A", more particularly described as' C~d and thetthe said Port Townsend Jefferson
follows: " ;.00 the 27th day of June 1941 approved as a legal
Hiller Drive and Oak Bay Road lyln91n the Plat of Hiller Waterfront Tracls,:~pertor Court of said Jefferson County and that
In Section 7, Townshlp29North, Range 1 East of Jefferson County, Washington.: ~y of the
The Franchise Application Is for a period of twenty,five (25) years. ",:
The Board of County Commissioners of Jefferson County, State pfpn # 111- 9 5
Washington, has fixed Monday, December 18, 1995, allhe hour of 11 :15 a.m"f-- Hea ring on
o'clock In the Office oftheCountyCommissloners, Jefferson County CourthouSe-,,: i.o n for F ran chi s e
Port Townsend, Washington, as the time and place for the hearing on saJd,
application, Such hearing may be adJoumed from time to time by order of the:
Board. After such hearing the Board will take such action with reference to the' "
applicatiOn as the Board shall deem appropriate for the public interest. ','
DATED THIS 4th DAV OF DECEMBER, 1995.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
SEAL:
Glen HunllnBford, Chairman
Richard E, Wojt, Member
Robert Hinton, Member
ATTEST:
Loma L. Delaney, Clerk of the Board
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-" 6'th day 01 December _,19~,
6;h day of December , 19-2.?
rtJP:lpor was regularly dlstrlbutod to its subscrlbors
oeriod, Thallho full omounl of $ 1 47 . 0 0
fUJI, 01 the rala of $8,20 ($7,35 for logal nollcas
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SCOTT WILSON, being sworn, says he Is the publisher of the Port
Toymsend Jefferson County Leader, a weo:dy nompaper which has
been eslabllshed, published In the English languaga and circulated
continuously es a weekly nawspeper In the town of Port Townsend In
seld County and State, and for general clrculetion In seld county for
more than six (6) monlhs prtor to the dete of the flral publication of the
Notice herelo elteched and thallhe seld Port Townsend Jefferson
County Leader was on the 27th day of Juno 1941 approvad as a legol
newspaper by the Supertor court of sold Jefferson County and that
annexed Is a true copy of the
Affidavit of publication
STATE OF WASHINGTON)
SS
COUNTY OF JEFFERSON)
Resolution *111-95
Notice of Hearing on
Application for Franchise
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& ondlng on tho 6 th day of December , 19.-2.?
and lMt SAid nowspopor was regularty dlstrlbutod to lis subscribors
during oil 01 this ported, That tho full amount of $ 147 . 00
hAS boon pold In lull, at lho rate of $9,20 ($7,35 for logol nollc08
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P.O. Box 2070
1322 Washington St.
Port Townsend, WA 98368
(360) 385,9160
Klara A. Fabry. Director/County Engineer
TO: Michael Hildt
Port Townsend Clerk-Treasurer
540 Water St
Port Townsend, W A 98368
FROM: K Robert Henderson
Engineering Technician IV
Jefferson County Department of Public Works
SUBJ: Notice of Franchise Hearing:
DA TE: December 5, 1995
Please post the enclosed "Notice of Hearing on Application for Franchise" in a
conspicuous place on the main bulletin board in City Hall and leave posted until
December 18, 1995.
so swear and affirm that on the s--z:t: day
I posted the above noted "Notice of Franchise Hearing"
of City Hall.
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of:
Notice of Hearing on
Application for Franchise -
Thomas Graham, Applicant
x
RESOLUTION NO. 111-95
x
x
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NOTICE IS HEREBY GIVEN that Thomas Graham has filed an application with the
Board of County Commissioners of Jefferson County, Washington, for a franchise to construct,
operate, and maintain, a single family, pressurized effluent 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, and along the rights of way of a county road of Jefferson
County, Washington, as shown on attached Exhibit "A", more particularly described as follows:
Hiller Drive and Oak Bay Road lying in the Plat of Hiller Waterfront Tracts in Section
7, Township 29 North, Range 1 East of Jefferson County, Washington.
The Franchise Application is for a period of twenty-five (25) years.
The Board of County Commissioners of Jefferson County, State of Washington, has
fixed Monday, December 18, 1995, at the hour of 11:15 a.m. o'clock in the Office of the
County Commissioners, Jefferson County Courthouse, Port Townsend, Washington, as the time
and place for the hearing on said application. Such hearing may be adjourned from time to
time by order of the,Board. After such hearing the Board will take such action with reference
to the application as the Board shall deem appropriate for the public interest.
DATED THIS .L/~ DAY OF ~~ ,1995.
JEFFERS N UNTY
BOARD OF COMMISSIONERS
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FRANCHISE APPLICATION FOR
EFFLUENT & WATER LINE
HILLER & OAK BAY ROAD
THOMAS GRAHAM, APPLICANT
REQUEST
The request is to install, operate, and maintain a single family pressurized effluent
line in the right of way of Hiller Drive and Oak Bay Road from mile post 0.16
southerly 125 feet along the Westerly side of Hiller Drive and crossing Oak Bay Road
at mile post 1.65. See Exhibit "A".
The application was made by Thomas Graham in accordance with the Jefferson
County Franchise Ordinance 2-81, and is subject to its requirements and criteria.
EXHIBIT A
LEGAL DESCRIPTION FOR THOMAS GRAHAM FRANCHISE APPLICATION
Hiller Drive and Oak Bay Road lying in the Plat of Hiller Waterfront Tracts in
Section 7, Township 29 North, Range I East of Jefferson County, Washington.
A public hearing was scheduled by the Jefferson County Board of Commissioners
for December 18, 1995 at 11:15 a,m. in their chambers at the Jefferson County
Courthouse in Port Townsend, Washington, Notices of Hearing were posted in the
Port Townsend Post Office, Quilcene Post Office, and Jefferson County Courthouse.
Publication of the notice was made in the December 06 and December 13, 1995,
editions of the Port Townsend-Jefferson County Leader.
~<.-0_PLEASE HAVE YOUR COMMENTS BACK TO THE PERMIT CENTER BY
~ 12/12/95
THANKSK. ROBERT HENDERSON
Bob:
This is not a matter for legal review.
The application is a
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d id If there is a specific legal
pOlicy matter for the HaCC to DC, e.
question, pl~ase advise in writing. /
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FRANCHISE APPLICATION FOR
EFFLUENT & WATER LINE
HILLER & OAK BAY ROAD
THOMAS GRAHAM, APPLICANT
ill(': rn :~ rnlWi
JEffERSON COUNTY
PERMIT CENTER
REQUEST
The request is to install, operate, and maintain a single family pressurized eftluent
line in the right of way of Hiller Drive and Oak Bay Road from mile post 0,16
southerly 125 feet along the Westerly side of Hiller Drive and crossing Oak Bay Road
at mile post 1.65. See Exhibit "A".
The application was made by Thomas Graham in accordance with the Jefferson
County Franchise Ordinance 2-81, and is subject to its requirements and criteria.
EXHIBIT A
LEGAL DESCRIPTION FOR THOMAS GRAHAM FRANCHISE APPLICATION
Hiller Drive and Oak Bay Road lying in the Plat of Hiller Waterfront Tracts in
Section 7, Township 29 North, Range I East of Jefferson County, Washington.
A public' hearing was scheduled by the Jefferson County Board of Commissioners
for December 18, 1995 at 11:15 a.m. in their chambers at the Jefferson County
Courthouse in Port Townsend, Washington. Notices of Hearing were posted in the
Port Townsend Post Office, QuiIcene Post Office, and Jefferson County Courthouse.
Publication of the notice was made in the December 06 and December 13, 1995,
editions of the Port Townsend-Jefferson County Leader.
PLEASE HAVE YOUR COMMENTS BACK TO THE PERMIT CENTER BY
12/12/95
THANKSK.ROBERTHENDERSON
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DEPARTMENT OF PUBLIC WORKS
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TO:
Donna Eldridge
Jefferson County Auditor
P.O, Box 2070
1322 Washington 51.
Port Townsend, WA 98366
(360) 385,9160
Klara A. Fabry, Director/County Engineer
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FROM: K Robert Henderson
Engineering Technician IV
Jefferson County Department of Public Works
SUBJ: Notice of Franchise Hearing:
DA TE: December 05, 1995
Please post the enclosed "Notice of Hearing on Application for Franchise" in a
conspicuous place on the main bulletin board in the Courthouse and leave posted
until December 18, 1995.
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I, 2' c.lL~<..-,' 'd'--", so swear and affirm that on the ~ day
of u_.."...L~, 1995, I posted the above noted "Notice of Franchise Hearing"
onAhe main bulletin board in the Courthouse.
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Donna Eldridge
Jefferson County Auditor
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P.O. Box 2070
1322 Washington St.
Port Townsend, WA 98368
(360) 385-9160
Klara A Fabry. Director/County Engineer
TO:
James Espenson, Postmaster
United States Post Office
FROM:
K. Robert Henderson
Engineering Technician IV
Jefferson County Department of Public Works
SUBJ:
Notice of Franchise Hearing:
DATE:
December 05, 1995
Please post the enclosed "Notice of Hearing on Application for Franchise" in a
conspicuous place on the main bulletin board in the Post Office and leave posted
until December 18, 1995.
I, JIIQ'1 /~ k t: 5Pc)Jo; tJ/l) , so swear and affirm that on the ~ day
of f);'/":M'~'.::R , 1995, Iposted the above noted "Notice of Franchise Hearing"
on the main bulletin board in lobby of the Port Townsend Post Office.
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City of Port Townsend
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JIWFERSOJ COUNTY
PERMIT CENTER
621 SHERIDAN
PORT TOWNSEND, W A 98368
(360) 379-4450 OR
1-800-831-2678
APPLICATION FOR PERMIT
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APPLICANf PLEASE PRINT OR TYPE ALL INFORMATION (MAKECHEOCSPAYAIlLETOJEFfEJl.SONCOUNTYPEJlMITCENTEIII
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~ tiTILITY INSTALLATION PERMIT
FEE $35
ROAD APPROACH & ADDRESS 0 GENERAL PERMIT
FEE $45 FEE $35
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APPLICATION IS 0 ROAD APPROACH PERMIT
HEREBY MADE FEE $35
COUNTY ROAD NAME:
INTENDED USE OF COUNTY RIGHT OF WAY IS TO CONSTRUCT, OPERATE AND MAINTAIN A,
IJN'DD2r:;lf2ouND unl I'nT<
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THE UNDERSIGNED SUBMITS SAID APPLICATIONS AND ACCEPTS THE CONDITIONS AS SET FORTH,
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APPLICATION FOR FRANCmSE
TO: THE BOARD OF COUNTY COMMISSIONERS
OF JEFFERSON COUNTY, WASHINGTON
BY: ---;;;;; tV! ~ /-1.4 Jo'YI
FOR: '-;;;""1/1/1 ~A t-I Arv7
ADDRESS: 1<//1./, " II o/'.!!J 103
~( ;- iLLER.. "fe/t/c:.. HJte r /./ //OLCCK ala. \
App lcatlon to the County CommiSSioners of Jefferson -County, wasfllngton, for a
franchise to construct, operate, and maintain
UT7U TV' FA<;r M rAfT consisting of
J-:J.?r~\(JPI7r I) rfl'IJ/FA/T PIPE J WJIlTER
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upon, under, over, across, and along the rights of way of the county roads of Jefferson
County, Washington, more particularly described as follows, to-wit:
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None of the roadway over which this franchise is requested is located within the
limits of any incorporated city or town.
The Applicant hereby requests that the BOARD OF COUNTY COMMISSIONERS
fix a time and place for hearing this application and cause the Auditor of said County to
give public notice thereof in the manner provided by law, and that upon such hearing the
Board make and enter a proper order granting to this Applicant, its successors and assigns,
the franchise rights herein applied for.
DATED this ,::;:2A day of 1/7JtLdh~1 , 199,i:-
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EXHIBIT A
L:'DAL DESCRIPTION FOR THOMAS GRAHAM FRANCHISE APPLlCA TlON
Hiller Drive and Oak Bay Road lying in the Plat of Hiller Waterfront Tracts in Section
7, Township 29 North, Range 1 East of Jefferson County, Washington.
County Road No. 574309, Hiller Drive, in Goverment Lot 1 of Section 4, Township 27
North, Range 1 West, Willamette Meridian.
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of:
Notice of Hearing on
Application for Franchise -
Thomas Graham, Applicant
x
RESOLUTION NO._
x
x
x
NOTICE IS HEREBY GIVEN that Thomas Graham has flIed an application with the
Board of County Commissioners of Jefferson County, Washington, for a' franchise to construct,
operate, and maintain, a single family, pressurized effluent 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, and along the rights of way of a county road of Jefferson
County, Washington, as shown on attached Exhibit "A", more particularly described as follows:
Hiller Drive and Oak Bay Road lying in the Plat of Hiller Waterfront Tracts in Section
7, Township 29 North, Range 1 East of Jefferson County, Washington.
The Franchise Application is for a period of twenty-five (25) years.
The Board of County Commissioners of Jefferson County, State of Washington, has
fixed Monday, December 18, 1995, at the hour of 11: 15 a.m. o'clock in the Office of the
County Commissioners, Jefferson County Courthouse, Port Townsend, Washington, as the time
and place for the hearing on said application. Such hearing may be adjourned from time to
time by order of the Board. After such hearing the Board will take such action with reference
to the application as the Board shall deem appropriate for the public interest.
DATED THIS__DAY OF ,1995.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
tr
Glen Huntmgford, ChaJrman
RIchard E, Wojt, Member
SEAL:
r:
Robert Hinton, Member
A TIEST:
'...
Lorna L. Delaney
Clcrk of the Board
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
RESOLUTION NO.
".
Granting a Non-Exclusive Franchi:;c
On County Road Rights of Way to
Mr. Thomas Graham
x
x
x
WHEREAS, an Application for non-exclusive Franchise has been submitted by Thomas
Graham, 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 IS, 1995, 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:
The proposal is not in conflict with the Jefferson County Comprehensive Plan;
The proposal is reflected in the application filed by Thomas Graham on
November 2S, 1995, which is made in accordance with the Jefferson County
Franchise Ordinance 2-SI.
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.
/; E.ff!t(U-f lin ~J
Installation and maintenance of a properly functioning septic system pUI'Feses is
in the interest of the public health and safety.
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:
I)
2)
3)
4)
County Road No. 574309, Hiller Drive, in Goverment Lot I of Section 4, Township 27
North, Range 1 West, WilIamette Meridian,
This non-exclusive franchise is granted upon the following express terms and conditions:
(I) 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-S1, 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.
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(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.
(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 Countv Commissioners of Jefferson County and shall be a
~ndition precedent to its takin~ effect. and unless the non-exclusive franchise is accepted
within such time this ~rant shall be null and void,
ADOPTED THIS_DAY OF
, 199 .
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Glen Huntingford, Chairman
SEAL:
A TrEST:
Richard E. WOJt, Member
Robert Hinton, Member
Lorna L. Delaney
Clerk of the Board
APPROVED:
DavId Skeen
Prosecuting Attorney
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STATE OF WASHINGTON
COUNTYOF JEFFERSON
In the matter of:
x
Notice of Hearing on
Application for Franchise -
Thomas Graham, Applicant
RESOLUTIONNO.J.U..=... 95
x
x
x
NOTICE IS HEREBYGIVENthat Thomas Graham has filed an application with
the Board of County Commissioners of Jefferson County, Washington, for a
franchise to construct, operate, and maintain, a single family, pressurized effluent
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, and
along the rights of way of a county road of Jefferson County, Washington, as shown
on attached Exhibit "A", more particularly described as follows:
Hiller Drive and Oak Bay Road lying in the Plat of Hiller Waterfront Tracts in
Section 7, Township 29 North, Range I East of Jefferson County, Washington.
The Franchise Application is for a period of twenty-five (25) years.
The Board of County Commissioners of Jefferson County, State of
Washington, has fixed Monday, December 18, 1995, at the hour of 11:15 a.m. o'clock
in the Office of the County Commissioners, Jefferson County Courthouse, Port
Townsend, Washington, as the time and place for the hearing on said application.
Such hearing may be adjourned from time to time by order of the Board, After such
hearing the Board will take such action with reference to the application as the
Board shall deem appropriate for the puhlic interest
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FRANCHISE APPLICATION FOR
EFFLUENT & WATER LINE
HILLER & OAK BAY ROAD
THOMAS GRAHAM, APPLICANT
REQUEST
The request is to install, operate, and maintain a single family pressurized effluent
line i,.. the right of way of Hiller Drive and Oak Bay Road from mile post 0.16
soutl;\;,'ly 125 feet along the Westerly side of Hiller Drive and crossing Oak Bay Road
at mile post 1.65. See Exhibit "A".
The application was made by Thomas Graham in accordance with the Jefferson
County Franchise Ordinance 2-81, and is subject to its requirements and criteria
EXHIBIT A
LEGAL DESCRIPTION FOR THOMAS GRAHAM FRANCHISE APPLICATION
Hiller Drive and Oak Bay Road lying in the Plat of I-Iiller Waterfront Tracts in
Section 7, Township 29 North, Range 1 East of Jefferson County, Washington.
A public hearing was scheduled by the Jefferson County Board of Commissioners
for December 18, 1995 at 11:15 a.m, in their chambers at the Jefferson County
Courthouse in Port Townsend, Washington. Notices of Hearing were posted in the
Port Townsend Post Office, Quilcene Post Office, and Jefferson County Courthouse.
Publication of the notice was made in the December 06 and December 13, 1995,
editions of the Port Townsend-Jefferson County Leader.
PLEASE HAVE YOUR COMMENTS BACK TO THE PERMIT CENTER BY
12/12/95
THANKSK. ROBERT HENDERSON
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T 01 FRA."i!CHISE: Hally Pederson
Sewer line, Trails End
frem old ferry dock to Thorndyke Rd.
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'f~~.fj IN
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OF OffiCIAL RECORDS
nREOUEST OF 1
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~3 FED -4 AM 10: 33
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
~ '{~i{Y E. GABOURY
J~FFEfiSCli COUNTY AUDITOR
RESOLUTION8fm.-' ~2) DfPUn
Granting a Non-Exclusive Franchise
For Construction of
An Effluent Line
On County Road Rights of Way to
Wally Pederson
x
x
x
x
x
WHEREAS, an Application for non.exclusive Franchise has been submitted by
Wally Pederson, 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 July 27, 1992, 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:
4)
The proposal is not in conflict with the Jefferson County Comprehensive
Plan.'
The application was made by Wally Pederson in accordance with the Jefferson
County Franchise Ordinance 2-81.
The applicant will provide a surety or bond in the amount of $17,800 for
maintenance and repair of the county road system as it relates to construction
I and operation of the effluent system.
Installation and maintenance of a properly functioning septic system is in the
interest of the public health and safety; the effluent line is necessary to
transfer septic tank effluent from the waterfront to the drainfield area.
The proposal is reflected in the application filed by Wally Pederson on 9
June, 1992, which is incorporated by reference herein.
1)
2)
3)
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 sanitary sewer system, consisting of a 3,inch P.V.C. main, 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:
Dickey Street, Peabody Way, and Southpoint Road.
This non-exclusive franchise is granted upon the following express terms and
conditions:
~'I
(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 ordinancl: 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.
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P'ranchl,e:
Wally l)cdcRon crnucnl line, Pcnbod)' St., Die...c)' St.. South polnl ltd.
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(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
?ppurtenances prior to commencing any work. 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, the County Health
Department, and the Department of Public Works. No construction shall commence
until such time as the GRANTEE shall have received approval from the County
Health Department for GRANTEE's drainfield plan. No construction shall
commence until the Jefferson County Health Department submits in writing to the
Department of Public Works that the effluent line design has met all of the setback
requirements for any public water system, and that it meets the requirements for
separation from the Bridgehaven Water System.
(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. Execution
of this resolution indicates that Resolution 82-92, Resolution Granting a Franchise,
has expired and is null and void.
AD,OPTED THIS q't!;-- DAY OF fcrl/?A1Ij~ ,1992.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
cY~<L ~. D,2~
Lorna L. Delaney
Clerk of the Board
Pranchlr.e:
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APPROVED:
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Mark Huth
Prosecuting Attorney
Wally rcdc~n ernucnt lInc, Peabody St., Dickey 51., South point Rd.
. vot 4:02, ~vr 331
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ACCEPTANCE OF FRANCIDSE 1ERMS AND CONDmONS
I hereby accept the terms and conditions specified under Ordinance No. 2-81, for a
Non-Exclusive Franchise granted to Wally Pederson for construction, operation and
maintenance ~f ail effluent transport line, along and across the county roads rights of way
described in Resolution No. 108-92, approved by the Board of Jefferson County
Commissioners on the 9th day of November, 1992.
Dated this /7-1-- day of j;~_ , 1992.
-
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STATE OF WASHINGTON )
COUNTY OF JEFFERSON )
o me known to
withm and foregoing instrument as
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
rio Jefferson County Permit Center
621 Sheridan Street
Port Townsend. WA 98368
(206) 379-4450
1.800.424.5555
District No. 4
PERMIT PERMIT.NUMBER 1780
JOB. NUMBER
PERMIT.TYPE UTILITY INSTALLATION
In accordance with all applicable Revised Codes of Washington and amendments thereto, and subject to all the terms, conditions
and provisions written or printed below or on any part of this form, permission is hereby granted to
WALLY H. PEDERSON, PO BOX 9, QUILCENE WA 98376, to: INSTALL A SEWER
I~IN FROM MILE POST 3.05 TO 2.89LT ON SOUTH POINT ROAD AND PUSH AT
2.89L/R. FROM 0.00 TO 0.04RT ON PEABODY WAY AND FROM 0.00 TO 0.13RT
ON DICKEY STREET. THE APPLICANT MAY CROSS DICKEY STREET AT
0.13R/L. AS PER THE PLANS DESIGNED BY A.D.A. ENGINEERING ON AUGUST
18, 199;;!.
County Road No. C447609
Franchise No.
Mile Post SEE PLANS
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SPECIAL PROVISIONS:
MINIMUM COVER ALLOWED OVER SERVICE LINES AT ROAD CROSSINGS SHALL BE
NO LESS THAN 40" BELOW THE LEVEL OF THE DITCH. MINIMUM COVER
ALLOWED OVER UTILITY LINES PLACED PARALLEL TO THE ROADWAY SHALL BE
NO LESS THAN 30" BELOW THE LEVEL OF THE DITCH. THE UTILITY TRENCH
SHALL BE BACKFILLED AND MECHANICALLY COMPACTED. THE APPLICANT SHALL
BE RESPOSIBLE FOR ANY AND ALL DAMAGE TO THE COUNTY ROADWAY AND
RIGHTS-OF-WAY, INCLUDING THE INTEGRITY OF ALL SURVEY MONUMENTS OR
BOUNDARY MARKERS. IF THE APPLICANT DECIDES TO PUSH UNDER THE
COUNTY ROAD AND THE SURFACE IS DAMAGED IN ANY WAY AS A RESULT, THE ~j
APPLICANT SHALL REPAIR THE DAMAGE BY OPEN CUTTING THE ROADWAY AND WWJPiO ~
BACKFILLING WITH A CONCRETE SLURRY:(THE APPLICANT SHALL NOT ~ SI c, c. .
PROCEDE WITH ANY CONSTRUCTION ON THIS PROJECT UNTILL SUCH TIME AS O_b.
THE WASHINGTON STATE HEALTH DEPARTMENT HAS ISSUED A PERMIT FOR THIS /I;I~/~?3
SYSTEM, A COPY OF WHICH SHALL BE GIVEN TO THE JEFFERSON COUNTY ~~
PUBLIC WORKS DEPARTMENT PRIOR TO CONSTRUCTION."/ J~fO t-~~ "'-.4''''' ~(+-,r; \.1)\1(;
A bond in the amount of $ 17800.00 is required for Ihe protection of Jefferson CounlY as set forth in the terms of
the bond. No work shall be done under this permit until the party or parties to whom it is granted shall have communicatrd with
and received instruetions from JEFFERSON COUNTY PUBLIC ~, This permit shall be void unless the work
herein contemplated shall have been completed before --1QL98/94
In accepling this permit the granlee, his succes~ors and assigns, agree thaI any damage or injury done 10 the property of the
grantee or any expense incurred by him through the operation of a contractor, working for the County or any County employee
shall be al the sole expense of the grantee. his successors and assigns,
r
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WALLY P!ill.EBSON
the terms nnd conditions ns herein sel forth,
" the undersigned, hereby accepts this permit subjeet to
id~/.-
Applicanl WALLY H. PEDERSON
Date
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GENERAL PROVISIONS APPLICABLE TO ALL PERMITS
This pennit is subject to all applicable provisions of the Revised Codes of Washington and all of the applicable provisions of Washington
law,
During the progress of the work such barriers amI/or traffic control devices shall be erected and maintained as may be necessary or as may
be directed by the Public Works Department for the protection of the traveling public; all uaffic control devices shall be properly lighted
at night and shall comply with all specifications of the Manual of Unifonn Tmffic Control Devices.
In accepting this pennit the grantee, his successors and assigns, agrees to proteCt Jefferson County and save it harmless from all claims,
actions and damages of every kind and description which may accrue to or be suffered by any person or persons, corporations or property
by reason of the perfonnance of any such work, character o{ materials used or manner of installation, maintenance and opemtion or by
improper occupancy of right ohvay or public place oiputllfc strUcwre, and in case any suit or action Is brought against said Jefferson County
for damages arising out of or by reason of any of the above causes, the grantcc, his successors or assigns, will upon notice to him or them
of commencement of such action, defend the same at his or their own sole expense and will satisfy any judgement after the said suit or action,
defend the same at hisor theil'own sole expense and will satisfy any judgement after the said suitor action shall have finally been detennined
adverse to Jefferson County.
Except as hercin authori7.ed by the county Public Works Department, no excavation shall be made or obstacle placed within the limits of
a county road in such a manner as to interfere with the travel over said road,
Except as herein authorized by the county Public Works Department, no excavation shall be made orobslacle placed within four (4) fcet
of the edge of the pavement,
If the work done under this pennitinterferes in any way with the drainage of the county road, the grantcc shall wholly and at his own expense
make such provision as the County Engineer may direct to ta1ce care of said drainage.
On completion of said work herein contemplated all rubbish and debris shall be immediately removed and the roadway and roadside shall
be left neat and prcsenlable and satisfactory to the County Enginccr.
All of the work herein contemplated shall be under the supervision of the County Enginecr and the entire expense of said supervision shall
be bomc by the grantee to whom this pennit is issued, or his successors and assigns.
The Departmcnl of Public Works hereby reoorves the right to order the change of location or the removal of any structure or structures
aUlhorized by this pennit at any time, said change or removal to be made at the sole expense of the grantcc to whom this pennit is issued,
or his successors and assigns.
All such changes, reconstruction or relocation by the grantcc shall be done in such a manner a~ will cause the lea~t interference with any
of the County's work and the County of Jefferson shall in no way be held liable for any damage to the grantee by reason of any such work
by the County of Jefferson, iL~ agenL~ or repreoonlative, or by the exercioo of any righL~ by the County upon roads, streeL~, public places
or structures in question.
TI,is pennit or privilege shall not he deemed or held to be an exclusive one and shallnol prohibit the County from granting other permiL~
or franchise righL~ oflikeor other nature 10 other public or private utilities, nor shall it prevent the County from using any of iL~ roads, SlrCCL~,
or public placcs, or affect iL~ right to full supervision and control over all or any part of them, non of which is hereby surrendered,
TIle Department of Public Works mllY revoke, amend or cancel this pennit or any of the provisions thereof at any time by giving written
notice 10 the grantcc. The gmntee, upon notification, shall immediately remove all of his equipment and facilities from the County right
of way, Any C{juipment or fucilities remaining upon the County right of way 30 days after written notice of cllncellation shall be removed
by thc Counly allhe sole expense of the granlcc,
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-n,e struelllre or object for which this permit is granted shall be mainUlincd in a n condition Ulal is satisfactory to the Counly Enginccr al
Ihc sole expense of the grantee to whom this pennit is issued, or his successors nnd a~signs.
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District No, 4
JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
c/o Jefferson County Permit Center
621 SheridanSlreel
Port Townsend. WA 98368
(206) 379-4450
1.800.424.5555
PERMIT PERMIT.NUMBER 1780
JOB. NUMBER
PERMIT.TYPE UTILIT INSTALLATION
ith all applicable Revised Codes of Washington and amendments thereto, and Ject to all the terms, conditions
and provisions 'ten or printed below or on any part of this form, permission is hereby anted to
WALLY H. PED ON, PO BOX 9, QUILCENE WA 98376, to: STALL A SEWER
MAIN FROM MILE CST 3.05 TO 2.89LT ON SOUTH POINT AD AND PUSH AT
2.89L/R. FROM O. 0 TO 0.04RT ON PEABODY WAY AND OM 0.00 TO 0.13RT
ON DICKEY STREET. HE APPLICANT MAY CROSS DICK STREET AT
0.13R/L. AS PER TH PLANS DESIGNED BY A.D.A. NGINEERING ON AUGUST ~
18, 1992. /&/26ft5 V'
LINES AT ROAD CROSSINGS SHALL BE
THE DITCH. MINIMUM COVER
LLEL TO THE ROADWAY SHALL BE
E DITCH. THE UTILITY TRENCH
C PACTED. THE APPLICANT SHALL
LL DAMAGE TO HE COUNTY ROADWAY AND
HE INTEGRITY OF LL SURVEY MONUMENTS OR
APPLICANT DECIDES 0 PUSH UNDER THE
FACE IS DAMAGED IN A WAY AS A RESULT, THE
THE DAMAGE BY OPEN CUT ING THE ROADWAY AND
NCRETE SLURR~1''l Alh..r-
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County Road No. C447609
SPECIAL PROVISIONS:
MINIMUM COVER ALLOWED OVER
NO LESS THAN 40" BELOW THE
ALLOWED OVER UTILITY LINES
NO LESS THAN 30" BELOW THE
SHALL BE BACKFILLED AND ME
BE RESPOSIBLE FOR ANY AND
RIGHTS-OF-WAY, INCLUDING
BOUNDARY MARKERS. IF T
COUNTY ROAD AND THE S
APPLICANT SHALL REPA
BACKFILLING WITH A
-5;T~'T~
Mile Post SEE PLANS
A hond in the amo t of $ 17800.00 is required for the protection of Jeffe, n County as set forth in the terms of
the hondo No w shaH be done under this permit until the party or parties to whom it is gran d shall have communic.1ted with
and received' 1st ructions from JEFFERSON COUNTY PUBLIC WORKS, This permit shall be void unless the work
herein contemplated shall have heen completed before 10/08/94 ,
In accepting this permit the grantee, his successors and assigns, agree that any damage or injury done to the property of the
grantee or any expense incurred hy him through the operation of a contractor, working for the County or any County employee
shall he at the sole expense of the grnntee, his successors nnd nssigns.
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WALLV PEDr,;RS~__., the undersigned, herehy accepts this permit suhject to
the terms and conditions as hcrein sCI forth,
Applicnyt W^L~) H. PEDERSON
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For Jefferson County K. ROBERT HENDERSON
Date
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GENERAL PROVISIONS APPLICABLE TO ALL PERMITS
This pennit is subject 10 all applicable provisions of the Revised Codes of Washington and all of the applicable provisions of Washington
law,
During the progress of the work such barriers and/or traffic control devices shall be erected and maintained as may be necessary or as may
be directed by the Public Works Department for the protection of the traveling public; all traffic control devices shall be properly lighted
at night and shall comply with all specifications of the Manual of Uniform Traffic Control Devices,
In accepting this permit the grantee, his successors and assigns, agrees to proteet Jefferson County and save it harmless from all claims,
actions and damages of every kind and description which may accrue to or be suffered by any person or persons, corporations or property
by rca<;Qn of the performance of any such work, character of materials used or manner of installation, maintenance and operation or by
improper occupancy of right of way or public place or public structure, and in case any suit or action is brought against said Jefferson County
for damages arising out of or by reason of any of the above causes, the grantee, his successors or assigns, will upon notice to him or them
of commencement of such action, defend the same at his or theirownsoleexpense and will satisfy any judgementafterthesaid suitor action,
dcfend the same athisor their own sole expense and will satisfy any judgementafterthe said suit or action shall have finally been dctermined
adverse to Jeffcrson County,
Except as herein authorized by me county Public Works Department, no excavation shall be made or obstacle placed within the limits of
a county road in such a manner as to interfere with the travel over s.1id road,
Except as hcrein authorized by me county Public Works Department, no excavation shall be made or obsl3Cle placed within four (4) feet
nf the edge of the pavement.
If the work done under this permit interferes in any way with the drainage of the county road, the grantee shall wholly and athisown expense
make such provision as the County Engineer may direct to take care of said drainage.
On completion of said work herein contemplated all rubbish and debris shall be immediately removed and the roadway and roadside shall
be left neat and prcsentable and satisfactory to the County Engineer,
All of the work herein contemplated shall be under the supervision of the County Engineer and the entire expense of said supervision shall
be borne by the grantee 10 whom this permit is issued, or his successors and assigns.
TIle Department of Public Works herehy reserves the right to order the change of location or the removal of any structure or structures
aulhorizcd hy this permit at any time, said change or removal to be made at the sole expense of thc grantee to whom this permit is issued,
or his successors and assigns,
All such changes, reconstruction or relocation by the grantee shall be done in such a manner as will cause the least inlCrference with any
oflheCounty's work and the County of Jefferson shall in no way be held liable fOl'any dnmagc to the grantee by reason of any such work
by tile County of Jefferson, iLS agenLs or represenUltive, or by the exercise of any righLs by the County upon roads, streeLs, public placc.s
or structures in question,
TI.is pennit or privilege shall not be deemed or held to be nn exclusive one nnd shnll not prohibit the County from granting other permiLs
or franchise rights of like orother nature toolher public orprivnle utilities, nor shnll it prevent the County from using nnyofiLs ronds, SlreeLs,
or public places, or nffccl iLS right to full supervision nnd control over nil or any part of them, non of which is hereby surrendered,
)
'nle Department of ruhlic Works m:IY revoke, nmend or cancel this permit or nny of the provisions thereof nt nny time by giving writlCn
Ilnlkc In the grnnlcc, TIle gmnlec. upon notificmion, shall immediately remOve nil of his equipment nnd facilitic.s from the Coullty right
"fway, Any C<luipment or fllcilities remllining upon the County right of WllY 30 dllYs nfter writlCn notice of cancellation shall he removed
by the County lit the sole expense of tile grantee,
'nle structure or ohjret for whirh tilis pemlit is granted shall be maintained in 1I a condition tilUtls satisfactory to the County Engineer at
Ih(. sole expense of the grantee \0 whom lhis permit is isslled, or his successors and assigns.
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SEC. 1<., -r. Z71-J,
A.D.A ENGINEE
sunVEYons EfWIIJEEflS fll
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Bam NO. 450451
CONTRACfORS BONDING AND INSURANCE COMPANY MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That we PEDERSON LOGGING CO
as Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation
orga,ized and existing under the laws of the State of Washinqton as Surety are
held and firmly bound unto JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS
as Obligee, in the total sum of SEVENTEEN THOUSAND EIGHT HUNDRED DOLLARS ANoaa/100
($17,800 00***** ) Dollars, for the payment of which, well and truly to
be made, the executors, administrators, su=essors and assigns, jointly and
severally, firmly by these presents:
for SOUTHPOINT-EFFLUENT LINE FOR OFFSITE DRAIN FIELD ON JEFFERSON COUNTY
RIGHT OF WAY, FOR MAINTENANCE AND REPAIR OF THE COUNTY ROAD SYSTEM AS
IT RELATES TO CONSTRUCTION AND OPERATION OF THE EFFLUENT SYSTEM,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCfl, That if the
Principal shall maintain and remedy said work free from defects in materials
and workmanship for a period of ONE year (s) following
completion, then this obligation shall be void: otherwise it shall remain'in
full force and effect.
SIGNED, SEALED, AND DATED this 14TH
day of DECEMBER
, 192.!....
PEDERSON LOGGING CO
Principal
By: /II f1r:;i2A/.1.,f->?/
NSURANCE ~
Atto.ney-ln-.t~
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CO~TRACTORS BONDlING
AtlD INSURANCE COMPANY
Limited
Power of Attorney
Home Office:
1213 Valley Street
P,O, Box 9271
Seattle, WA 98109-0271
(206) 622-7053
KNOW ALL MEN BY THESE PFiESENTS Ihal CONTRACTORS BONDING AND INSURANCE COMPANY, a corporation duty organized and existing under the laws of the Slale of Washington. and having its
principal office in Seattle, King County, Washington, does by these presents make. constitute and appoint ERIC SIRKIN, 01 Seattle, Washington, its lrue and lawlul allorney.in.lact with lull power and authority
hereby conferred in its name, place and stead, 10 execute, acknowledge and deliver: ll) SeA guaranteed performance and payment bonds nol exceeding the penal sum of S 150,000: (2) bid bonds lor jobs where,
if Ihe contract is awarded. the SBAguaranleed performance and/or payment bond(5) will not exceed $150,000; (3) all other bonds COded ar,d classified by the Surety Association of America in its Rate Manual
of Fidelity, Forgery and Surety Bonds (including luture amendments thereto) as Judicial, Contract (excluding bid bonds). Miscellaneous. Ucense and Permit, and Federal not uxceeding the penal sum of S 150,000;
(4) bid bonds lor jobs wrillen PUI suantto the authority in clause (3) above where. ilthe contract is awarded, the performance and/or paymentlJond(sj will not exceed $150,000; and (5) all other bonds not exceeding
the penal sum of $150,000. Provided, however, that ERIC SIRKIN is granted power and authority to excoed the applicable penal limit previously set forth IOf any bond in an amounl equal to the amount of any
leller of credit. or similar security, receIVed as collateral security by the Company as an inducement to issue lhe bond; and to bind the Company thereby as lully and to !he same extent as if such bonds were
signed by the Presidenl, sealed with the corporate seal ollhe Company and duly allested by its Secretary; hereby ralifying and confirming all thaI the said attorney.in.fact may do in the premises. Said appointment
is made under and by authority of thi;! following resolulions adopled by the Board of Directors 01 the CONTRACTORS BONDING AND INSURANCE COMPANY on July 8, . ]92:
RESOLVED that the Presidenl is aulhorized to appolt'lt as anorney.m.lact 01 lhe Company ERIC SIRKIN wilh power and authority to Sign on behalf 01 the Company: (I) SBAguaranleed
perlormanccand payment bor,ds not eXCeeding the penal sum of5150,000; (2) bidbo:'lds lor jObs where. ifthecontr"cl is awarded, the SBA guaranleed ~erformance anc1lorpaymenl bond(s)
will rot exceed 5150,000; (3) all othcrbonds coded and classified by the SurctyAssocialion of America in its Rate Manuat 01 Fidelity. Forgery and Surety Bonds (including future am~ndmenlS
thereto) es Judicial, Contract (excluding bid bonds). Miscellaneous. License and Permit, and Federal not exceeding the penal sum of 5150.000; (4) bid bonds for jobs written pursuant to the
authority in clause (3) above ....here.llthe contract is awarded. the perlormallCe and/or payment bond(S) WIll not exceed 5150,000; arid (5) all other bonds not exceeding the penal sum 01
5150,000.
RESOLVED FURTHER that ERIC SIRKIN IS granted pow~r and authonty to tlxceed the appli.:able penal limit set forth in lhe preceding rc~lution for any bond in an amount equal 10 the amounl
01 any leller of credit, or similar security, received as collateral security by lhe Company as an inducement to Issue lhe bond
R ESOl VED !=U RTHER thaflho authority 01 the Secretary of the Company 10 certify the authenticity and effectrveness of the foregoing two resolulions In any Limited Power of Allomey is hereby
delegated to the following persons, Ihe signature of any ollhe following 10 bind lhO Company with respect to the authenticity and effectiveness allhe foregoing resolutIons as if Signed by the
Secrelary of tho Companj: Donald Sirkin, J. D. Minlo. John Alkire. Charles J. Falskow and Janel K. Lorraine
RESOLVED FURTHER that the signa lures (including certification thaI the Power 01 Al10mey is still In lorce and effect) of the President, Notary Public and person certrfying authenlicity and
eHcctrvencss, and tho corporale And Notary seals appearing on any Limited Power ofAllomoy containing this Alld !th. foregc!ing resoluhons may be by facsimile.
RESOLVED FURTHER that aU resolutions adopled prior to lod.1Y appointing the above named as attorney.in.fact lor CONTRACTORS BONDING AND INSURANCE COMPANY are hereby
superseded.
IN WITNESS WHEREOF. CONTRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate soal 10 be hereto affrxed this 9th day of July,
1992 .......................,,\\
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CONTRACTORS BONDING AND INSURANCE COMPANY
BYm_~~~
Stovtrn A_ GflIMS, flrnsidont
STATE OF WASHINGTON-COUNTY OF KING
On thiS 81h day 01 July. 1992, pors.onally appearod STEVEN A. GAINES, 10 me known to bo tho Presldont of thO corporatron thul oxecutOd thO lorogolng LltIlltoo Powarol Attomey and nCknowlodcred Sllid limited
Poworol Allornoy to btJ tho freo and voluntary actnnd dtlOdof said corporntlon. lor the uspsnnd purposes Ihpr~ifl menhonM, and on o.lth stalod lhal ho is lllJthQrilcdloexeeulo the Midllmlted Powerc;!Atlomoy
IN WITNESS WHEnEOF. I hAve herounto ~el my Mnd And affixed myolhcial ~oaltho day And yonr IIrS! Above wn1ten
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Tho undursionod. ilC\lng IJIldM AuthOrity 01 Il (lOllrd 01 Ouoctors 01 CONTRACTORS (lONOING AND INSURANCe COMPANY, hereby (flrtIII05, ns Of In Iinu 01 C(lrtl',cato oltM SflCl(ll.try 01 CONTfIACTORS
nONDING AND INSURANCE COMPANY. thillthO RbOve And foregoiny is n lull, lruc andeornlcl copy 01 ItlQ OtiOIn.11 Pownr of Aflornay IS!\UOO by ~o1Id COmpill'lY, And donr. hnrObylUr1hM CfIrllfy thllllhll said
P/'l\'lor 01 Allornoy Is stili in lorco Amf offoct
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
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1820 Jefferson Street
PO, Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary A. Rowe, RE.. Director ,
Robert G, Nesbitt, RE.. County Engmeer
September 18, 1992
Wally Pederson
P.O. Box 9
Quilcene, WA 98376
Dear Mr. Pederson:
~
On September 14, 1992, the Board of County Commissioners signed a resolution
granting you a franchise to install and operate an effluent line on South Point Road,
Dickey Street, and Peabody Way. A copy of the resolution is enclosed. The resolution
is not activated until the enclosed Acceptance of Franchise Terms and Conditions is
signed and returned to the Department of Public Works, the construction bond, and the
surety or bond described in the franchise resolution has been provided.
Please read the franchise carefully, sign the Acceptance of Terms, and return the
Acceptance to me for recording. 'Ibe construction bond, and the performance bond or
surety to Jefferson County may be sent in my care as well. Upon rer:eipt of these items
Acceptance the franchise will be finalized.
If, at any time, management of the system is assumed by a public utility, your
performance surety bond will be returned to you.
Your construction bond will be released upon final inspection and approval of the work.
'Ibis is a separate bond in the amount of 150% of the construction cost of the project,
and may be in the form of a bank account assignable to Jefferson County, or a letter of
credit. Please bear in mind, that a Utility Installation Permit must be obtained from the
Department of Public Works before commencing any construction in the right of way.
Sincerely,
t::o, ~
E.D. Simon
Administrative Assistant
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
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1820 Jefferson Street
PO, Box 1220
Port Townsend, WA 98368
(206) 385.9160
Gary A. Rowe, P.E.. Director
Robert G, Nesbitt, P.E.. County Engineer
October 27, 1992
Wally Pederson
P.O. Box 9
Quilcene, WA 98376
Dear Mr. Pederson:
On September 18, 1992, a copy of Jefferson County Board of Commissioners Resolution
No. 82-92 (signed 9/14/92) which granted to you a franchise to construct an effluent line
in county rights-of-way was sent to you by mail. An Acceptance of Franchise Terms and
Conditions was also sent; as is stated in the Resolution (condition no. 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 he 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."
To date, this Acceptance of Franchise Terms and Conditions has not been received by
Jefferson County. Please notify us if you have received these documents. They may not
have reached you or you may have returned them to us and they were not received at
this end.
"'"
If, on the other hand, you had intended to return the signed Accept.mce to us and for
some reason missed or were unaware of this deadline, please advise us of that fact also.
Since the time limit for completion of these documents has expired, steps must be taken
to execute a new grant of franchise if you wish to proceed with installation of the
effluent line in the rights-of-way.
In addition to return of the signed Acceptance after issuance of a new Resolution of
Franchise, sureties as required in the resolution must be submitted.
Sincerely,
:c. J., ~k/
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E.D. Simon
Administrative Assistant
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
P.O, Box 1220
Port Townsend, WA 98368
(206) 385.9160
Gary A. Rowe, RE., Director
Robert G, Nesbitt, RE.. County Engineer
November 16, 1992
Wally Pederson
P.O. Box 9
Quilcene, WA 98376
Dear Mr. Pederson:
A copy of the resolution granting you a franchise for an effluent line is enclosed. The
resolution is not activated until the enclosed Acceptance of Franchise Terms and
Conditions is signed and returned to the Department of Public Works. Please refer to
the attached letter dated September 18. Even if the construction and performance
bonds are not in place, the Acceptance should be signed to meet the deadline described
in Condition #5.
Please feel free to contact me should you have any questions.
Sincerely,
E~.~dtv
E.D. Simon
Administrative Assistant
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JEFFERSON COUNTY
DEPT, OF PUBLIC WORKS
P.O. BOX 1220
PORT TOWNSEND, WA. 98368
OCT 30 1992
JEFFERSON COli'"
"UBur 1/1/("\"""'''' 10/29/92
TO WHOM IT MAY CONCERN:
I AM WRITING TO LET YOU KNOW THAT I DID RECEIVE THE
DOCUMENTS YOU SENT ME IN REFERENCE TO RESOLUTION #82-92
WHICH IS TO GRANT A FRANCHISE TO CONSTRUCT AN EFFLUENT LINE
IN COUNTY RIGHTS-OF-WAY.
DUE TO AN OVERSIGHT ON MY PART I DID NOT RETURN THE
ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS. I WOULD LIKE
TO LET YOU KNOW THAT I AM IN THE PROCESS OF PURSUING THE BOND
YOU HAVE REQUESTED AND WOULD LIKE FOR YOU TO PLEASE DRAW UP
A NEW GRANT A FRANCHISE.
I AM SORRY FOR ANY INCONVENIENCE THIS HAS CAUSED,
SINCERELY,
U/P~
WALLY PEDERSON
P.O. BOX 9
QUILCENE, WA. 98376
206-765-3978
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
RESOLUTION NO. 82-92
Granting a Non-Exclusive Franchise x
For Construction of x
An Effluent Line x
On County Road Rights of Way to x
Wally Pederson x
WHEREAS, an Application for non-exclusive Franchise has been submitted by
Wally Pederson, 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 July 27, 1992, 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)
3)
The proposal is not in conflict with the Jefferson County Comprehensive
Plan.
The application was made by Wally Pederson in accordance with the Jefferson
County Franchise Ordinance 2-81.
The applicant will provide a surety or bond in the amount of $17,800 for
maintenance and repair of the county road system as it relates to construction
and operation of the effluent system,
Installation and maintenance of a properly functioning septic system is in the
interest of the public health and safety; the effluent line is necessary to
transfer septic tank effluent from the waterfront to the drainfield area,
The proposal is reflected in the application filed by Wally Pederson on 9
June, 1992, which is incorporated by reference herein.
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 sanitary sewer system, consisting of a 3-inch P,V.c. main, 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:
Dickey Street, Peabody Way, and Southpoint Road.
This non-exclusive franchise is granted upon the following express terms and
conditions:
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(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 Jcffcrson County Ordinancc No, 2-81, an ordinance
prescribing terms and conditions for franchise agrecments grantcd by Jcfferson
County, are incorporated hercin by reference and made a part of this Resolution,
The GRANTEE, for itself, its successors and/or assigns, exprcssly agrees that it will
strictly comply with the requiremcnts of the said ordinance and any amendments
thereto. The GRANTEE understands and acknowledgcs that the ordinance requires
it to obtain a permit from the County Engineer beforc doing work undcr this non-
exclusive franchise and performing othcr actions relating to the franchised matter.
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Frftnchl,e:
Wally Peden;on ernuenl line, l'cahody St" nickey Sl" Soulh Poinl Rd.
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(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 prior to commencing any work. 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, the County Health
Department, and the Department of Public Works. No construction shall commence
until such time as the GRANTEE shall have received approval from the County
Health Department for GRANTEE's drainfield plan. No construction shall
commence until the Jefferson County Health Department submits in writing to the
Department of Public Works that the effluent line design has met all of the setback
requirements for any public water system, and that it meets the requirements for
separation from the Bridgehaven Water System.
(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,
<!<'-
ADOP'IED TIllS~DAY OF ~1;;;.u/J-VV , 1992.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
~/YlALa.-~ !:kO~
Lorna L, Delaney a
Clerk of the Board
Richard E. Wojt, Member
APPROVED:
--Sc "-
Mark Huth
Prosecuting Attorney
F'ranchIEC:
Wally Pedenon emuent line, Peahody SI" Dickey SI" Soulh Polnl Rd,
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WATER AND SEWAGE. PEAMITS. PLANNING, BULKHEADS. ROADS. PLATTING AND LAND SURVEYING
A.D.A ENGINEERING
ARMSTRONG, DeGROOT & ASSOCIATES
ENGINEERS AND SURVEYORS
HERBERT A. AAMSTRONG
PETER C. DeGROOT
@
p.o, BOX 847
(371 NW L1NOVIG WAY)
POULSBO, WASHINGTON 98370
PHONE (206) 779-6633
BAINBRIDGE ISLAND 842-6123
FAX 779-7031
Serving You Since 1960
AUGUST 18, 1992
REVISED ROUTE DESCRIPTION FOR WALLY PEDERSON FRANCHISE APPLICATION
Beginning at the pump statien located at the Northeast corner
of the intersection .of Ferry street and Nerth Beach Drive, Plat of
Trails End, sectien 16, TownShip 27 North, Range 1 East, W.M.,
Jefferson Ceunty, Washington; thence Northwesterly aleng the
sheulder of Ferry Street to Seuth Point Road; thence Westerly and
Nertherly en Seuth Shere Read te the intersection with Dickey
Street; thence West, Northwesterly, Nerth, and Nertheasterly aleng
the Easterly Shoulder .of Dickey Street to a locatien adjacent te
the Nertheast cerner .of Lot 7, Block 13 of 2nd Addition of said
Plat .of Trail's End to the terminus .of Franchise. (See Exhibit A
for lecatien plan.)
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WATER AND SEWAGE. PERMITS. PLANNING, BULKHEADS. ROADS. PLATTING AND LAND SURVEYING .
A-D-A ENGINEERING
ARMSTRONG, DeGROOT & ASSOCIATES
ENGINEERS AND SURVEYORS
HERBERT A, ARMSTRONG
PETER C. DeGROOT
Serving You SInce 1960
Ilene Simon
Department of Public Works
Jefferson County Courthouse
Port Townsend, Washington
98368
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P.O. sox 847
(371 NW L1NDVIG WAY)
POULSBO. WASHING10N 98370
PHONE (206) 779-6633
BAINBRIDGE ISLAND 842-6123
August 18, 1~279-7031
Subject: Wally Pederson Franchise Trails End
Dear Ilene:
Enclosed please find two (2) copies of the revised franchise
Exhibit A and a revised route description. This is for the August
24, 1992 commissioners meeting and franchise consideration.
HAA/ela
Copy: Wally Pederson
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WATER AND SEWAGE, PERMITS, HANNING, BULKHEADS, ROADS, PLATTING AND LANa SURVEYING
A-D-A ENGINEERING
ARMSTRONG, DeGROOT & ASSOCIATES
ENGINEERS AND SURVE'IORS
HERBERT A. ARMSTRONG
PETER C. DeGROOT
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P.O. BOX 847
(371 NW L1NDVIG WAY)
POULSBO, WASHINGTON 98370
PHONE (206) 779...633
BAINBRIDGE ISLAND 842-6123
FAX 779-7031
ServIng You Since 1960
AUGUST 18, 1992
REVISED ROUTE DESCRIPTION FOR WALLY PEDERSON FRANCHISE APPLICATION
Beginning at the pump station located at the Northeast corner
of the intersection of Ferry Street and North Beach Drive, Plat of
Trails End, Section 16, Township 27 North, Range 1 East, W.M.,
Jefferson County, Washington; thence Northwesterly along the
shoulder of Ferry Street to South Point Road; thence Westerly and
Northerly on South Shore Road to the intersection with Dickey
Street; thence West, Northwesterly, North, and Northeasterly along
the Easterly Shoulder of Dickey Street to a location adjacent to
the Northeast corner of Lot 7, Block 13 of 2nd Addition of said
Plat of Trail'S End to the terminus of Franchise. (see Exhibit A
for location plan.)
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APPLICATION FOR FRANCHISE
TO: "IliE BOARD OF COUNTY COMMISSIONERS
OF JEFFERSON COUNTY, WASHINGTON
Il~: AnA t:NG.J;~~?J~ING __
H )1(: WALLY PEDERSON
ADIJHESS:-p-:o. Box..9, Quilcene, Washington 9837b
Application to the County Commfsslonen of Jefferson County, WashIngton, for a
Ililnchlse to construct, operate, and maintain
_ __a.sa.ni.t.ar.l'..'i.eH.~~,g'>P.!!~~~~____________________ cons is tlllg 0 f
Tifr ~rAti~~_~~~V.C. Main. ~~~~nfield
UP"", 'ontler, over, across, and ah:ms the tights of way or the county roads of Jefferson
Cnunty. Washington, more partIcularly described as foIlows, to-wit I
SEE ATTACHED FOR EXHIBIT A (Drawing) & EXHIBIT B (Legal)
None of the roadway over wblch thIs franchise Is requested Is located within the
limits of any Incorporated city or town. ,
. The Applicant bereby requests tbat the BOARD OF COUNTY COMMISSIONERS
l'ix u time and place for hearing thIs appliclltion and cause the Auditor of said County to
give public nutlce thereot In the manner provided by law, and that upon such hearing the
Uuurd make and enter a proper,order granting to this Applicant, Its successot& and assigns,
lhe franchise rights herem applied for.
DATEl) this 9J;h day of _rune , 199.L'
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(AppIICiint)
BY: ~A'~
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1'1111111::. 765-3978
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FRANCHISE APPLICATION FOR
SEWERLINE
TRAIL'S END
WALLY PEDERSON, APPLICANT
REQUEST
The request is to install, operate, and maintain a pressurized effluent transport
pipe in the right of way of an unnamed platted street lying between Blocks 3 and
13 of Trail's End Homesites. South Point Road extending from the former State
ferry terminal to Peabody Way, Peabody Way lying between Blocks 2 and 6, and
Dickey Street lying between Blocks 2 and 3,
The application was made by Wally Pederson in accordance ,dth the Jefferson
County Franchise Ordinance 2-81, and is subject to its requirements and criteria,
Notice of the proposed franchise was made to appropriate agencies, Response is
shown under "AGENCY RESPONSES",
A public hearing was scheduled by the Jefferson County Board of Commissioners
for July 27, 1992, at 10:45 a,m, in their chambers at the Jefferson County
Courthouse in Port Townsend, Washington. Notices of Hearing were posted in the
Port Townsend Post Office, Port Townsend City Hall, and Jefferson County
Courthouse. Publication of the notice was made in the July l5 and July 22, 1992,
editions of the Port Townsend-Jefferson County Leader,
AGENCY RESPONSES
1, Jefferson County Planning and Building Department had the following
comments:
It is apparent that the proposed sanitary sewer pressure main lies within
an area identified as being environmentally sensitive". The proposed
pressure main would be located on slopes measuring from 8-15% grades and
l5% or greater grades, The proposal (including tbe drsinfield) is also
substantially located on land identified for slope stability as being
"areas considered unstable". Further, the maps also indicate that the area
is subject to soil compressibility ranging from very slight to moderate,
The Jefferson County SEPA Implementing Ordinance states, however, that
franchise applications are categorically exempt from SEPA review [see also
WAC 197-l1-800 (24) (h)], The following policies from the Jefferson County
Gomprehensive Plan Utilities section apply to this proposal:
#l . , . priority for utilities development such as domestic water systems
should be in the areas of ,.. South Point ,', , The level of
utilities service in these communities should be steadily improved
and increased to a level considered "suburban",
#4
Utilities should be located, designed, sized, and installed to meet
reasonable foreseeable future needs,
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#5 Utilities should be installed within, or adjacent to, existing
utility or transportation corridors whenever feasible.
#7 Utility systems shouldn't be installed in areas of geologic hazard
unless geologic stability can be secured,
It is aPl'arent from the sbove that while the Comprohensive Plan supports
the deve opment of utilities in South Point, and the information provided
for this application suggests that it broadly conforms with policies 4 and
5, lts proposed location appears contrary to the provisions of policy 7,
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2. Jefferson County Department of Public Works had the following comments:
A)
Should the franchise be approved, a construction bond shall be
provided in the amount of 150% of the construction cost. An estimate
of the construction cost shall be provided by the applicant. This
bond is required until all work is completed and inspected the
County,
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B)
In accordance with Section 19 of Jefferson County Franchise Ordinance
2-81, a surety bond or other collateral in the amount of $ll,OOO
shall be provided to Jefferson County, should the franchise be
approved. This bond may be waived if the system becomes part of a
licensed utility (P,U.D,).
The applicant is to obtain the services of a professional soils
engineer and/or a geologist to determine the best method of
installing the line up the steep unstable side hill between Block
3 and Block 13,
C)
Approval of this franchise does not grant approval to the construc-
tion of the proposed line, The proponent must have the sewer line
design~d by a professional engineer and approved by the Jefferson
County Department of Public Works before construction may be started,
A utility installation permit is to be obtained from tbe Jefferson
County Department of Public Works prior to commencement of any work,
SEPA review of this project may take place at the time of application
for a utility installation permit.
3. The Jefferson County Health Department made the following comments:
D)
E)
A review of our records indicates that: a spring is located near the
southwest corner of lot 10, block 13. Trails End homesite 2nd Addition [ed.
note: this is a water system run by and franchised to Mr. Don Schultz].
The waterline to the lots being served runs down the same easement that
the proposed sewer line would be located on. The spring has been
registered with the state health department as a public water supply and
as such requires a 200' protective radius as a drinking water source.
ADDITIONAL: Onsite sewage regulation WAC 248-96-100 requires a horizontal
setback of 50' from a non-perforated sewage distribution line to a well
(private or public), The plan submitted indicates less than this required
setback.
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Po/Ct Ludlow, Wfl.
,luf.y 27, 1992
S7A7e Of WASHIN970N
COUN7ij Of JE.ffERSON
Re~oluLion NO. 61-92
Hea/Cing on ApplieaLion
fon;wEffLUEN7 LINE fRANCHISEw
Wally Peden~on, ApplicanL
Heaning DaLe: 7-27-92
70 BOARD Of COUN7ij CO~nISSIONERS Of JEffeRSON COUN7ij:
I Leo ~cNain, and I 7e/Ce~a ~cNain at Block
AddiLion to 7/Cail~ End Home~iLe~, OPPOSE.
~ppf.icaLion ton EttluenL Line f/Canehi~e."
14 , L 0 L; 1 3 - 1 8 2 nd
app/Covaf. ot ~aid;
Rea~on~ a~ tof.low~:
It ~ueh a app/Covaf. wa~ La de made dy Lhc 4oand, the end
nedulL would de a "El'LUEN7 SijS7E~w adjoining oun pnopenty
LoLd 13-16, Block 14,2nd Addition to 7naif.d End Home~ite~,
(manked in alue on attached map) thu~ eauding contaminaLion
at ou/c well loeaLed on eat 14,(manked in o/Cange on map)
which id to 4e uhed ton dninking waLen.
Secondly we teel thaL ,;ueh a Et/,-luent Sy_;Lem mo~t pnoda/lly
would have a advende e/'-tect on gnound waten qualiLy in the
!,-utune in that anea, and to any oLhen ex~ihLing Weleh O/C
waten ~ounee down dlopc tnom ~uch a ~y~tem.
7hindly, we teel LhaL at dome poinL in time duch a dydLem
could decome a /lundcn and/on tnoudl.e,lome to the county and
alf. fMopel1,ty owncn-; in the 7 nail!..; end anea in which the
Et!,-lucnL Line and Syhiem i~ eon~tnucted.
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STATEOFWASHTI'f"ON...:, ,
,COUNTY.,pF;JEFl"a.,oN 'or,"
:, ''', '~!inthern8lferof:,.":' ;;
'/i )'RESOLUTION'NO:6.1-92.:' ,) ,
;" :, J Notice ofHearlnQ'on>< :en"
'v'.' h" .b"'Appllciltian'fot '{JIlq,,<1
, " i,EffluentU"eFl8nchl.. h ,,;
Wellyf>eder,eon, AppIlClI\l.l", ~
NOII9E.jIS }j!'i~E~Y"G,I\{!,Si ,Ihat
Wallyl'l,eders<!~,h~:.Ii/I'P, a.~.pp. ,lCa-
lion wlltt,ha Boar~ ~l C"llunty, .I)\mls-
sloneraol Jelferson,CoUI\ty; ashlng-
t6n; Ion" Iranchlse10 cidnsl.liic~t.'l?per.
ate and m..lnlalr! 'an'llfflueht1 lem,
authorized und~r 'Th11l'156 lRC ,in-
cluding Ihose 'common' under This 56
and 57:.per,56:20,015. consisting of
inslallatlon andl:aervlce connections
upon,:un;;ler, o~er, across and along
'the rlg\1ts 01 w/lN olthe,county, roads 01,
Jefferson' County, Washlnilton, more
particularly described as'lollows:
The lollowlng rights 01 way In Trail's
End Homes~es: an unnamed platted:
street Iring between' Blocks 3 and 13
of Trail sEnd Homeslles, South Point
Road extending Irom the former State
lerry terminal 10 Peabody' Way,
Peabody Way lying between Blocks 2
and 6, arid Dickey Street lying be-
tween Blocks 2 ana 3,
The Franchise Appllcetlon Is'lor a
period of twenty-live (25) yeare,
The Board of County Commission-
ers of Jefferson County, Slate of Wash-
Ington, has IIxed Monday; the 27th day
of July, 1992, at the hourol1 0:45 a,m,
o'clock In 'the Office 01 the County
Commlsslonors, Jefferson County
Courthouse, Port Townsend. ,Wash-
Ington, as the tlms and place:for the
hearlngon said eppllcation, Such hsar-
Ing maybe adjour. nedfromtlm. etotime
by ol'der of the' Board, Aner auch
haar"tg the Board will take such action
with reference to the application as the
Board shall dsem sppropdate, fo~ the
ubllc Interest;'.. ," ,""
P DATED ,THIs,ath DA:'''OF, J~IY,
1992, . ",.1 ,'.' ,','1,,/'
JEFFERSON COUNTY
BOARD OF COMMISSIONERS LArry
W. Dennison. Chairman
B,Q"Brown, Member
RlCh'ard E. .wo~, Membsr, '"
~~hT:"."",;' I) I,"
Lomi,"L Delan'ey. ""
Clerk 01 the Board 1606 7.22
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Affidavit of pubi,_dtion
STATE OF WASHINGTON)
COUNTY OF JEFFERSON)
SS
FRANK W, GARRED, being sworn. says ho is tho publishor
of the Pan Townsend Jefferson County Leader. a weekly
newspaper which has been cstnblishcd. published in the
English language and circulated continuously as a weekly
newspaper in the town of Port Townsend in said County nnd
State, and for general circulation in said county for more
than six (6) months prior to the date of the rust publication
of the Notice hereto atL3chcd, and that the said Port TOv.i1Scnd
Jofforson County Le:ldcr was on tho 27th day of Juno 1941
approved ns a legal newspaper by the Superior Coun of said
Jefferson County and that annexed is IllrUe copy of the
Resolution #6l-92
Notice of Hearing on
Application for Effluent
Line Franchise
Wally Pederson, applicant
ns it appeared in the regular nnd enure issue of said paper
itself not in 0 supplement thereof for D period of
two C(ln.,,,,,utivow,,,,ks,begiMingondlo~
dnyof July ,19~,llIldondingontho
ll.!:!.9-dayof July ,19~and
that said newspnpcr WD.5 recuhuly distributed lO its subscrib-
0,. during all of dljS period, 11"11 tho full &molml of
S 94. 50 hnsbecnpaidinfull.nlthoral<of~lIl4(
pet column inch for o~ion, U30
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Subscribed and ,wom 10 beforo 010 dlis 22 nd dlIyof
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residing al Pon Hadlock,
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FRANCHISE APPLICATION FOR
SEWERLINE
TRAIL'S END
WALLY PEDERSON, APPLICANT
REQUEST
The request is to install, operate, and maintain a pressurized effluent transport pipe in the
right of way of an unnamed platted street lying between Blocks 3 and 13 of Trail's End
Homesites, South Point Road extending from the former State ferry terminal to Peabody
Way, Peabody Way lying between Blocks 2 and 6, and Dickey Street lying between Blocks
2 and 3.
The application was made by Wally Pederson in accordance with the Jefferson County
Franchise Ordinance 2-81, and is subject to its requirements and criteria,
Notice of the proposed franchise was made to appropriate agencies, Response is shown
under "AGENCY RESPONSES",
A public hearing was scheduled by the Jefferson County Board of Commissioners for July
27, 1992, at 10:45 a,m. in their chambers at the Jefferson County Courthouse in Port
Townsend, Washington, Notices of Hearing were posted in the Port Townsend Post Office,
Port Townsend City Hall, and Jefferson County Courthouse. Publication of the notice was
made in the July 15 and July 22, 1992, editions of the Port Townsend-Jeffelson County
Leader,
AGENCY RESPONSES
1. Jefferson County Planning and Building Department had the following comments:
It is apparent that the proposed sanitary sewer pressure main lies within an area
identified as being environmentally sensitive...The proposed pressure main would be
located on slopes measuring from 8-15% grades and 15% or greater grades. The
proposal (including the drainfield) is also substantially located on land identified for
slope stability as being "areas considered unstable". Further, the maps also indicate
that the area is subject to soil compressibility ranging from very slight to moderate.
The Jefferson County SEP A Implementing Ordinance states, however, that franchise
applications are categorically exempt from SEPA review [see also WAC 197-11-
800 (24) (h)]. The following policies from the Jefferson County Comprehensive Plan
Utilities section apply to this proposal:
#1 ",priority for utilities development such as domestic water systems should be
in the areas of ... South Point .... The level of utilities service in these
communities should be steadily improved and increased to a level considered
"suburban".
#4 Utilities should be located, designed, sized, and installed to meet reasonable
foreseeable future needs.
2.
#5 Utilities should be installed within, or adjacent to, existing utility or
transportation corridors whenever feasible,
#7 Utility systems shoulcln't be installed in areas of geologic hazard unless
geologic stability can be secured,
It is apparent from the above that while the Comprehensive Plan supports the
development of utilities in South Point, and the information provided for this
application suggests that it broadly conforms with policies 4 and 5, its proposed
location appears contrary to the provisions of policy 7,
Jefferson County Department of Public Works had the following comments:
Franchise: P<<ldfltlOn C1muent Unc, Trill'. End
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A) Should the franchise be approved, a construction bond shall be provided in
the amount of 150% of the construction cost. An estimate of the construction
cost shall be provided by the applicant. This bond is required until all work
is completed and inspected by the County.-81, a surety \}gnd aT ether
~t".al ill the 8.1YI6tHH af $19,900 shall be Jlr~e~ t~ J;~Tsen County.
This bond may be \'laP.ell if the ~y~l".n beell...",s -pan of a llcensed-ntility
~
B) In accordance with Section 19 of Jefferson County Franchise Ordinance 2-
81, a surety bond or other collateral in 'he amount of $11,000 shall be
provided to Jefferson County, should the franchise be approved, This bond
may be waived if the system becomes part of a licensed utility (P.U.D.),
C) The applicant is to obtain the services of a professional soils engineer and/or
a geologist to determine the best method of installing the line up the steep
unstable side hill between Block 3 and Block 13.
D) Approval of this franchise does not grant approval to the construction of the
proposed line. The proponent must have the sewer line designed by a
professional-engineer and approved by the Jefferson County Department of
Public Works before construction may be started. A utility installation permit
is to be obtained from the Jefferson County Department of Public Works
prior to commencement of any work.
E) SEPA review of this project may take place at the time of application for a
utility installation permit.
3. The Jefferson County Health Department made the following comments:
A review of our records indicates that a spring is located near the southwest comer
of lot 10, block 13, Trails End homesite 2nd Addition led. note: this is a water
system run by and franchised to Mr. Don Schultz]. The waterline to the lots being
served runs down the same easement that the proposed sewer line would be located
on. The spring has been registered with the state health department as a public
water supply and as such requires a 200' protective radius as a drinking water source.
ADDITIONAL: Onsite sewage regulation WAC 248-96-100 requires a horizontal
setback of 50' from a non-perforated sewage distribution line to a well (private or
public). The plan submitted indicates less than this required setback.
2
Franehllll: Peder.on effluent line, Trail'. End
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JUL 27 1992
JEFFERSON COUN'"!'
DUSL ,,... \AI"'''''/'''' - ,.
5550 So. Avon St.
Seattle,Wa. 98178
July 25,1992
TO: Jefferson County Dept. of Public Works
P.O. Box 1220
Port Townsend,Wa. 98368
FAX 385-9195
Attn. Eileen Simon
Subject: Granting of Easement Franchise To Allow Installation of a
Septic Ststem Drain Field.
Ref: Telecon between the undersigned and Ms. Simon on July 24.
Dear Ms. Simon
vie wish to thank you for your assistance in regard to the subject matter,
and are greatful for your cffer to read this letter to et.al. at the Monday
hearing in the County Commisioners meeting. Due to my wife's recent major
surgeryand just having learned of the impending meeting late on July 23, it
is unknown at this time if we will be able to attend in person.
Followinf are some of the items of major concern pertaining to the planned
use of the individually platted lots in the Trails End Homesite's Inc area;
l. We are the owners of individual lots abutting the lots being considered
for commercial purposes, to wit:a dumping ground for disposed aewage.
Our future plans for our property includes drilling a well for domestic
use,providinc the current discussions pertaining to acquiring water thru
the adjoining Bridgehaven system does not materialize.
2. Of extreme concern of the proposed system is the potential for ground
water contamination,on a short term as well an long term basis, takin~
into conoideration current volumes bein~ discussed as well as future
expansion. 'l'here llre exintinl': springs nnd exiGting wells in the immed_
iate urea which may be adversley effected. We foel ~EPA must be contacted.
3. vie all, l'm sure, urc awure that any man made system clln and will at some
time fnil. To have thatpotontial for failure in a residontial urea is
not a plesent thou!',ht. A look ut existing nystemo,i.o. King Co. r,jetro,
is a good example of "un-planned evonto" !lnd the paten tiul for significant
onviromontnl damage,both to land nnd wntor. Adequately planned nnd con-
tinually performen mnintcnance in of concern
4. The aesthetic valuoo of the nrea and the potontial udvoroe odorouo effect
for ohort nnd lonG term aro cortuinly of concern. We feal that tho
1'horndylto ;loud and iJouttle Drivo arCH haD r,ront potential for future
rooidential devolopment and to huve n pote-nti,ully high volune ceuo-pool
in n concen truted urou would oevoruly dotor futuro growth.
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5. We are of the opinion that proper planning and development
of the Trail's End Homesite's Inc. would afford a s~gnficant
additional tax base for Jefferson County whereas a central~zed
sewage system curtail growth and degrade the property values.
Therefore it is respectfully requested that all reasonable efforts be
employed to protect the future growth of the area as well as the
enviroment. and that the permit request be denied.
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ps: This message being faxed this date and a copy mailed v~a
US Mail this date.
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JEFFERSON COUNTY HEALTH DEPARTMENT
. PORT TOWNSEND, WA . 98368
() FOR YOUR INFORMATION
() PLEASE RESPOND
(X) PER YOUR REQUEST
Date: July 22, 1992
To: Eileen Simon
Address: Jefferson county Public Works Department
From: Linda Atkins
Subject: Additional information for Franchise application,
Wally Pederson
Message:
il:
A review of our records indicates that a spring is located
near the southwest corner of lot 10, block 13, Trails End
Homesite 2nd Addition. The waterline to the lots being served
runs down the same easement that the proposed sewer line would
be located on. The spring has been registered with the state
health department as a public water supply and such requires
a 200' protective radius as a drinking water source. The
ID# is 00532E
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ADDITIONAL INFORMATION: onsite sewage regulation WAC 248-
96-100, requires a horizontal setback of 50' from a non
perforated sewage distribution line to a well (private or
public). The plan submitted indicates less than this required
setback.
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(206) 385-9400
ENVIRONMENTAL HEALTH (206) 385-9444
FAX (206) 385-9401
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
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Gary A. Rowe, P.E., Director
Robert G. Nesbitt, P.E., County Engineer
1820 Jefferson Street
P,O, Box 1220
Port Townsend, WA 98368
(206) 385-9160
MEMORANDUM
TO:
Eileen Simon
FROM:
Bob Nesbitt. County Engineer
DATE:
SUBJECT:
3uly 13, 1992
Franchise Application
I do not see any prOblems with granting a franchise to the applicant for
a sanitary sewer pressure main.
I feel that the applicant should be required to obtain the services of
a professional soils engineer and/or a geologist to determine the best
method of installing the line up the steep unstable side hill. The side
hill referred to is between blocks 3 and blocks 13. The utility
right-of-way runs between Dickey Street and Thorndyke Road.
By approving this franchise 3efferson County does not give approval to
the construction of the proposed line. The proponent must have the
sewer line designed by a professional engineer and approved by 3efferson
County Department of Public Works before construction may be started.
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DEPARTMENT OF PUBLIC WORKS
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Gary A. Rowe, PE., Director
Robert G, Nesbiff, PE.. County Engineer
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1820 Jefferson Street
P.O, Box 1220
Port Townsend, WA 98368
(206) 385.9160
TO: James Espenson, postmaster
United States Post Office
FROM: Eileen Simon
Administrative Assistant
Jefferson County Department of Public Works
SUBJ: Notice of Franchise Hearing: Wally Pederson, Applicant
DATE: July 10, 1992
Please post the enclosed "Notice of Hearing on Application for Franchise" in a conspicuous
place on the main bulletin board in the Post Office and leave posted until July 27, 1992.
I, Jam e s Esp ens 0 n ,so swear and affirm that on the 1 3 t h day
of J u 1 y , 1992, I posted the above noted "Notice of Franchise Hearing" on
the main bulletin board in lobby of the Port Townsend Post Office.
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Postmaster
U.S. Post Office
City of Port Townsend
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
PO, Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary A Rowe, P.E.. Director
Robert G. Nesbitt, P.E.. County Engineer
TO: Dave Grove
Port Townsend Clerk-Treasurer
540 Water St.
Port Townsend, W A 98368
FROM: Eileen Simon
Administrative Assistant
Jefferson County Department of Public Works
SUBJ: Notice of Franchise Hearing: Wally Pederson, Applicant
DATE: July 10,1992
Please post the enclosed "Notice of Hearing on Application for Franchise" in a conspicuous
place on the main bulletin board in City Hall and leave posted until July 27, 1992.
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I, /:JAvl4, G-t~llJt"-_ ,so swear and affirm that on the /'3 "tr; day
of 2fni~ ,1992, I posted the above noted "Notice of Franchise Hearing" on
th~) ll~~e lobby of City Hall.
David Grove
Clerk-Treasurer
City of Port Townsend
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DEPARTMENT OF PUBLIC WORKS
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1620 Jefferson Street
p.o, Box 1220
Port Townsend, WA 96366
(206) 365-9160
Gary A. Rowe, P.E.. Director ,
Robert G, Nesbitt, P.E.. County Engmeer
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TO: Mary Gaboury
Jefferson County Auditor
FROM: Eileen Simon
Administrative Assistant
Jefferson County Department of Public Works
SUBJ: Notice of Franchise Hearing: Wally Pederson, Applicant
DATE: July 10, 1992
~UL '13 '1992
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Please post the enclosed "Notice of Hearing on Application for Franchise" in a conspicuous
place on the main bulletin board in the Courthouse and leave posted until July 27, 1992.
I, Mary E. Gaboury ,so swear and affirm that on the 13th day
of July , 1992, I posted the above noted "Notice of Franchise Hearing" on
the main bulletin board in the Courthouse.
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Jefferso County Auditor
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of:
x
RESOLUTION NO.~
Notice of Hearing on x
Application for Effluent Line , x
Franchise - Wally Pederson, Applicant x
NOTICE IS HEREBY GIVEN that Wally Pederson has filed an applica~ion with
the Board of County Commissioners of Jefferson County, Washington, for a franchise to
construct, operate and maintain an erouent 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:
The following rights of way in Trail's End Homesites: an unnamed platted street
lying between Blocks 3 and 13 of Trail's End Homesites, South Point Road extending
from the former State ferry terminal to Peabody Way, Peabody Way lying between
Blocks 2 and 6, and Dickey Street lying between Blocks 2 and 3.
The Franchise Application is for a period of twenty-five (25) years.
The Board of County Commissioners of Jefferson County, State of Washington, has
fIXed Monday, the 27th day of July, 1992, at the hour of 10:45 a.m. o'clock in the Office
of the County Commissioners, Jefferson County Courthouse, Port Townsend, Washington,
as the time and place for the hearing on said application. Such hearing may be adjourned
from time to time by order of the Board. After such hearing the Board will take such
action with reference to the application as the Board shall deem appropriate for the public
interest.
DATED TInS 'f) ~ ,DAY OF ..::.s- 4--- , 1992.
. JEFFERSON COUNTY,
BOARD OF COMMISSIONERS
SEAL:
ATTEST:
~m~an1. DJJ~ -
Clerk of the Board ~
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JEFFERSON COUNTY
PLANNING AND BUILDING DEPARTMENT
P,O. Box 1220
Port Tnwnsc>nd, Washin~l()n HH:HlH
Planning (:!Ofi) :lRf).f)J40
Builrling (20fi) :JHil-!Il41
FAX (2011) :lH!1-H:l;,)/
.JEFFERSO;oo.; COC:\TY COt!HTIIOllSE
Craig Ward, Oir('clor
MEMORANDUM
TO: Eileen Simon, Public Works Department
FROM: James Holland
DATE: July 16, 1992
SUBJECT: Wally Pederson Franchise Application
Please accept the following comments regarding this franchise
application:
Following review of the Jefferson County SEPA Planning Area maps,
it is apparent that the proposed sanitary sewer pressure main lies
within an area identified as being environmentally sensitive. The
maps indicate that the proposed pressure main would be located on
slopes measuring from 8% to 15% grades and 15% or greater grades.
The proposal (including the drainfield) is also substantially
located on land identified for slope stability as being 'Areas
considered unstable.' Further, the maps also indicate that the area
is subject to soil compressibility ranging from very slight to
moderate.
The Jefferson County SEPA Implementing Ordinance (section 6.40)
states, however, that franchise applications are categorically
exempt from SEPA review, [see also, WAC 197-11-800 (24) (h)].
The following policies from the Jefferson County Comprehensive Plan
utilities section apply to this proposal;
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1.
'. .. .. .priority for utilities development such as domestic
water systems, should be in the ~reas of ....... South Point
.. ..... . The level of utilities service in these communities
should be steadily improved and increased to a level
considered "suburban".
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4.
utilities should be located, designed, sized, and installed
to meet reasonable foreseeable future needs.
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utilities should be installed within, or adjacent to, existing
utility or transportation corridors whenever feasible.
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7. utility systems should not be installed in areas of geologic
hazard unless geologic stability can be secured.
It is apparent from the above that while the comprehensive plan
supports the development of utilities in South Point, and that the
information provided for this application suggests that it broadly
conforms with policies 4 and 5, its proposed location appears
contrary to the provisions of policy 7.
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APPLICATION FOR FRANcHISE
TO: HIE BOARD OF COUNTY COMMISSIONERS
OF JEFFERSON COUNTY, WASHINGTON
AY: AnA F.N9J,N,'ERING
I'ell(: WALLY ~EDERSffi.l-----
^')IJI{ES~p.~CJX.9, Quilcene, Washington 98376
Application to the Coullty Cornmlssloneta of Jefferson County, Washinfton, for a
Iranchlse to construct, operate, and ma ntaln
- __a.sa.niJ:.<u:~..s.eloLEa"_er,g~".!.!L~!:1'lJ..!!___________________~ conllis tlug 0 C
r.H~ ~~,,~i.lin.:.:..~.J.2.!llL...1.~. V.C. Main, t_~~!nfield
Ulh)ll, 'under, over, across, and QIOn~ the rights or way or the eounty roads or Jefferson
CIIUllty, Washington, more particularly described as follows, to-wltl
SEE ATTACHED FOR EXHIBIT ^ (Drawing) & EXHIBIT B (Legal)
None of tho roadw:!ll ovel' which thIs franchise 1s requested is located within the
limits of any Incorporated city Or town. ,
. The Applicant hereby requests tbat the BOARD OF COUNTY COMMISSIONERS
!'ill u time and place for hearing Ihlt appllc~tlon And cause the Auditor or said County to
give public nudce thereat In the manner provided by law, and that upon such hearing the
lJuard ntuke and enter a proper order granting to thIs Applicant, Its successors and assigns,
lllc hunchis., rights herern applied for.
DA11ID this CJtJ:1 day of ~lunc ~ , 199,L.
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(AppUciint)
BY: u/ ~~~__
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l'hullt::. 765-3978
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EXHIBIT B
LEGAL DESCRIPTION FOR WALLY PEDERSON FRANCHISE APPLICATION
Beginning at the pump station located at the N.E. corner of
the intersection of Ferry Street and North Beach Drive, ?lat of
Trails End, Section 16, Township 27 North, Range I East, W.M.,
Jefferson County, Washington; thence installing a pressure main
along the shoulder of Ferry Street West to South Point Road; thence
Westerly on North and South Shore Road to the intersection with
Dickey Street; thence West, Northwesterly and North along the
shoulder of Dickey Street to the intersection of Olympia Street
extended between Block 3 & Block 13, Plat of Trails End; thence
along said extension of Olympia Street West to Thorndyke Road;
thence crossing Thorndyke Road to the Southeast corner of Lot ll,
Block 14 of Trails End and the terminus of said pressure Main. (See
Exhibit A for Location Plan).
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JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS
PERMIT CENTER
PORT TOWNSEND, WA 98368
(206)379-4450
NOTICE OF APPLICATION TO EXTEND
THE EXPIRATION DATE FOR A FRANCHISE
,J
Attached Is a description of an application to extend the expiration date for Franchise
No, 66-92, Issued to Jefferson County P.U.D. #1, from July 20, 2017 to July 20,
2026, If you hBve any questions or wish to comment on this proposal, please write
or tole phone this office by
AGENCY:
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
P,O, Box 1220
Port Townsend, WA 98368
(206) 385.9160
Gary A. Rowe, RE., Direc/or
Robert G, Nesbitt, RE., County Engineer
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TO:
Michael Hildt
Port Townsend Clerk-Treasurer
540 Water St.
Port Townsend. WA 98368
Bob Henderson .:YrA..
Jefferson count~'d'~hartment of Public Works
Notice of Franchise Hearing:
JUL 11 1995
JEFFEH~Oi\! COUNTY
F'LJBLlC INORKS DEPT,
FROM:
SUBJ:
DATE:
July 10. 1995
Please post the enclosed "Notice of Hearing on Application for Franchise" in a
conspicuous place on the main bulletin board in City Hall and leave posted until July
22. 1995.
I, . so swear and affirm that on the 107# day
o '- . 1 95, I posted the above noted "Notice of Franchise
~H.'''ng on t~t1n bo'" In <he lobby of CllY H"I.
Ichae I t'
Clerlt Treasurer C-/ TV /lb HfIMrrtl 1l-701(
City of Port Townsend
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JEFFERSON COUNTY
DEPARTMf~NT OF PUBLIC WORKS
1820 Jefferson Street
P.O, Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary A. Rowe, P.E., Director
Robert G, Nesbitt, P.E., County Engineer
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JUL1.~ lSS.3
TO:
FROM:
James Espenson, Postmaster
United States Post Office
Bob Henderson ~
Jefferson County Department of Public Works
Notice of Franchise Hearing:
,JEFFERSO:\J CUUI\lT"
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SUBJ:
DATE:
July 10, 1995
Please post the enclosed "Notice of Hearing on Application for Franchise" In a
conspicuous place on the main bulletin board in the Post Office and leave posted
until July 22, 1995.
I, ~w..III:' I<. ~SN")So..>, so swear and affirm that on the I 0 day
of ';%~c...... , 1995, I posted the above noted "Notice of Franchise
Hearing" on the main bulletin board in lobby of the Port Townsend Post Office.
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City of Port Townsend
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
PO, Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary A. Rowe, Rf., Director
Robert G, Nesbitt, RE.. County Engineer
TO:
Donna Eldridge
Jefferson County Auditor
Bob Henderson ~
Jefferson County Department of Public Works
Notice of Franchise Hearing:
FROM:
SUBJ:
DATE:
July 10, 1995
Please post the enclosed "Notice of Hearing on Application for Franchise" in a
conspicuous place on the main bulletin board in the Courthouse and leave posted
until July 21, 1995,
I,~ IcJ #A 14 GZL!-,;tp t::ar and affirm that on the ft~ay
o~,,- ~dir ' 1995, I posted the above noted "Notice of Franchise
He '. the main bulletin board in the Courthouse,
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onna Eldndge ~
Jefferson County Auditor
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APPLICATION TO EXTEND THE
EXPIRATION DATE FOR FRANCmSE
IN TRITON COVE
JEFFERSON COUNTY PUD #1, APPLICANT
REQUEST
The request is to extend the expiration date for Franchise No, 66-92 from July 20,
2017 to July 20,2026.
The application was made by Jefferson County P.U.D. #1 in accordance with the
Jefferson County Franchise Ordinance 2-81, and is subject to its requirements and
criteria.
A public hearing is scheduled by the Jefferson County Board of Commissioners for
July 24, 1995, at 11:15 a.m. in their chambers at the Jefferson County Courthouse
in Port Townsend, Washington, Notices of Hearing were posted in the Port
Townsend Post Office, Port Townsend City Hall, and Jefferson County Courthouse.
Publication of the notice was made in the July 05, 1995 and July 12, 1995 editions
of the Port Townsend-Jefferson County Leader,
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Public Utility District #1
Of Jefferson County
16 June 1995
Board of Commissioners
Richard M. Shipman. District 1
Kenneth McMillen. District 2
Robert A. Krutenat. District 3
Robert Henderson
Jefferson County Permit Center
621 Sheridan
Port Townsend Washington 98368
._-~:;.'TI-!3' !]'-lr&\j--rn .l'~"i James G. Parker, Man6ger
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11"1 1 9 1995 : ! I );
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Dear Bob:
The purpose of this letter is to request an extension on our county franchise for the
Triton Cove area, Rural Economic and Community Development are providing the loan
guarantees for the Triton Cove water system improvements and they are requiring us to
get all easements, and franchises extend for the length of the loan. The loan is for 30
years therefore we are asking that the franchise we have with you be extended until the
year 2026.
If you have any questions or need additional information please call.
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24 Colwoll Stroot I p,O, Bo. 929, pon Hodlock, Woshlngton 98330 (2011) 385.5800 fNX (2011) 385.5945
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APPLICATION TO EXTEND THE
EXPIRATION DATE FOR FRANCmSE
IN TRITON COVE
JEFFERSON COUNTY PUD #1, APPLICANT
REQUEST
The request is to extend the expiration date for Franchise No. 66-92 from July 20,
2017 to July 20, 2026,
The application was made by Jefferson County P.U.D, #1 in accordance with the
Jefferson County Franchise Ordinance 2-81, and is subject to its requirements and
criteria.
A public hearing is scheduled by the Jefferson County Board of Commissioners for
July 24, 1995, at 11: 15 a,m. in their chambers at the Jefferson County Courthouse
in Port Townsend, Washington, Notices of Hearing were posted in the Port
Townsend Post Office, Port Townsend City Hall, and Jefferson County Courthouse,
Publication of the notice was made in the July 05, 1995 and July 12, 1995 editions
of the Port Townsend-Jefferson County Leader.
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
389909
-In the matter of
x
Granting an Extension of an Existing
Franchise On County Road Rights of
Way to Jefferson County P.U.D. #1
RESOLUTION NO, E.... -96
x
x
x
WHEREAS, an Application for Extension of Expiration Date of Franchise #66-
92 has been submitted by Jefferson County P.U.D, #1, 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 July 24, 1995, 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 extension
of expiration date request, based on the following findings of fact and conclusions:
1) The proposal is not in conflict with the Jefferson County Comprehensive
Plan;
2) The proposal is not in conflict with the Coordinated Water System Plan;
3) Installation and maintenance of a properly functioning water system,
which can provide a reliable source of water for drinking, firefighting,
and other safety considerations, is in the interest of the public health
and protection
NOW THEREFORE IT IS HEREBY RESOLVED that the non-exclusive franchise
#66-92 granted to the applicant named above (GRANTEE) on the 20th day of July,
1992 is hereby extended for a period of nine (9) years from the date of the original
Resolution and shall expire on the 20th of July 2026, 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:
Those county roads lying in Section 31, Township 25 North, Range 2 West,
W.M.
(1) 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. Any construction or installation of utilities
e:ranted by this resolution shall comply with the provisions of Jefferson
Coun~'s Utility Accommodation Policy. Resolution No. 38-91 and with the
proviSIOns of the countv's Franchise Ordinance. Ordinance No, 2-81.
(2) The full acce,ptance of this Amendment to the non-exclusive franchise
#66-92 and all its terms and conditions within thirty (30) days from this date.
~he GRANTEE. in writing. is to be filed with the Clerk of the Board of
County Commissioners of Jefferson County and shaH be a condition precedent
to its taking effect. and unless this Amendment is accepted within such ~
this erant shall be nuIl and void,
11\ ')/1/1 I
ADOPTED THIS I..L DAY OF f vtJ1A (I./,( , 1996,
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ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS
I hereby accept the terms and conditions specified under
Ordinance No. 2-81, for an Amendment to the Non-EXC1usive Franchise
granted to Jefferson County P.U.D. #1, for construction, operation
and maintenance of a water system a10nq and across the county
roads rights of way described in Res01ution No. 27-96, approved by
the Board of Jefferson County Commissioners on the 18th day of
March, 1996. .
Dated this '22.
Ilv\. ""ce ti
day of
, 1996.
#1
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f?:
STATE OF WASHINGTON )
COUNTY OF 9Lff~~Il/ ,S
On this day persona11y appeared before me Mr. James G. Parker,
Manager, Jefferson County P.U.D. #1, to me known to be the
individua1 described in and who executed the within and foregoing
instrument as his free and vo1untary act and deed.
GIVEN under my hand and officia1 sea1 this 2~~tlday of
'D>lcrh~.Av ,1996.
..., JJ C', /2 ,-
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PRINT: l:."", rob" '...... .7~,,)'1 '"'-rs e +-1- <:;
Notary Pub1ic in and for
The state of Washington .
residing at f:,.,:/- xL:r ..lil/J /./~
MY COMMISSION EXPIRES
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A~~EPTANCE OF FRANCHISE TERMS AND CONDITIONS
, I
I herEi..\:ly accept the terms and conditions specified under
Ordinance NO!; 2-81, for an Amendment to the Non-Exclusive Franchise
granted to J~fferson County P.D.D. #l, for construction, operation
and mainteMt\ce of a water system along and across the county
roads righ~s of way described in Resolution No. 27-96, approved by
the Board/of Jefferson County Commissioners on the 18th day of
March, 1996.
~.: Of. ~~~r
Dated this, '22
I\' '\ Roc ,LI:' t-l
, 1996.
day of
#1
STATE OF WASHINGTON )
(j _-, / ss
COUNTY OF /Lf;f.i."--.L/;->IV )
On this day personally appeared before me Mr. James G. Parker,
Manager, Jefferson County P. U . D. # 1, to me known to be the
individual described in and who executed the within and foregoing
instrument as his tree and voluntary act and deed.
GIVEN under my hand and official
'I;.'1'7Cr"i'Av,1996.
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PRINT: r:::.,. ,./: ,,,., ']-'">10,,.-1-1 c;
Notary Public in and for
The State of Washington
residing at r!",.,.. J./..,( _//'<' 111/_
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~" day
of
this
seal
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MY COMMISSION EXPIRES
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
Granting an Extension of an Existing
Franchise On County Road Rights of
Way to Jefferson County P.U.D. #1
x
RESOLUTION NO. ~-96
::':' ! V ,~.:.
x
x
x
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J.., "_ '.;",..
WHEREAS, an Application for Extension of Expiration Date of Franchise #66-
92 has been submitted by Jefferson County P.U,D, #1, 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 July 24, 1995, 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 extension
of expiration date request, based on the following findings of fact and conclusions:
The proposal is not in conflict with the Jefferson County Comprehensive
Plan;
The proposal is not in conflict with the Coordinated Water System Plan;
Installation and maintenance of a properly functioning water system,
which can provide a reliable source of water for drinking, firefighting,
and other safety considerations, is in the interest of the public health
and protection
NOW THEREFORE IT IS HEREBY RESOLVED that the non-exclusive franchise
#66-92 granted to the applicant named above (GRANTEE) on the 20th day of July,
1992 is hereby extended for a period of nine (9) years from the date of the original
Resolution and shall expire on the 20th of July 2026, 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:
1)
2)
3)
Those county roads lying in Section 31, Township 25 North, Range 2 West,
W.M,
(1) 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. Any construction or installation of utilities
2ranted by this resolution shall comply with the provisions of Jefferson
CounQ"s Utility Accommodation Policy. Resolution No, 38-91 and with the
proviSIOns of the county's Franchise Ordinance. Ordinance No, 2-81,
(2) The full acceptance of this Amendment to the non-exclusive franchise
#66-92 and all its terms and conditions within thirty (30) days from this date.
by the GRANTEE. in writin2. is to be filed with the Clerk of the Board of
County Commissioners of Jefferson County and shall be a condition precedent
to its takin2 effect. and unless this Amendment is accepted within such time.
this ~rant shall be null and void,
ADOPTED THIS tfDA Y OF'YJ1M /,j{ , 1996.
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Consent Agenda Item
FOR WEEK OF: March 18, 1996
I. DESCRIPTION - a brief description of the agenda item:
Please includc project. road, contract, grant, etc, number if one is available for the Commissioners' Index,
Resolution to grant an extension of an existing franchise on County rights-of-way
to Jefferson County P.U.D, #1.
II, ISSUES - a short outline of the major issues or areas that should be given particular
attention:
m, ACTION: -- what is the nature of the action the Board is being asked to take (discussion,
approval ofa contract, support for a grant. etc,)? You may also want to express the
department's position or recommendation,
The BOCC is asked to approve and sign the Resolution and return to Bob Henderson
in Public Works,
or
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ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS
I hereby accept the terms and conditions specified under
Ordinance No. 2-81, for an Amendment to the Non-Exclusive Franchise
granted to Jefferson County P.U.D. #1, for construction, operation
and maintenance of a water system along and across the county
roads rights of way described in Resolution No. 27-96, approved by
the Board of Jefferson County Commissioners on the 18th day of
March, 1996.
Dated this
day of
, 1996.
Jefferson County P.U.D. #1
Applicant
Applicant Signature
.. ...... ...... ......... ..... ... ... ...... ... ..... ... ........ ... ...
.. ..... .... ... ......... ........ ... ...... ........ ........ ... ... ...
STATE OF WASHINGTON
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ss
)
COUNTY OF
On this day personally appeared before me Mr. James G. Parker,
Manager, Jefferson County P. U. D. #1, to me known to be the
individual described in and who executed the within and foregoing
instrument as his free and voluntary act and deed.
GIVEN under my hand and official seal this
,1996.
day of
PRINT:
Notary PUblic in and for
The State of Washington
residing at
MY COMMISSION EXPIRES
, 199_"
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STATE OF WASffiNGTON
COUNTY OF JEFFERSON
In the matter of
x
RESOLUTION NO. _-96
Grantm!; a" ::=xtension of an Existing
Franchise On COi:nty P.oad Rights of
Way to Jefferson County P,U.D. #1
x
x
x
WHEREAS, an Application for Extension of Expiration Date of Franchise #66-
92 has been submitted by Jefferson County P,U.D. #1, 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 July 24, 1995, 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 extension
of expiration date request, based on the following findings of fact and conclusions:
The proposal is not in conflict with the Jefferson County Comprehensive
Plan;
The proposal is not in conflict with the Coordinated Water System Plan;
Installation and maintenance of a properly functioning water system,
which can provide a reliable source of water for drinking, firefighting,
and other safety considerations, is in the interest of the public health
and protection
NOW THEREFORE IT IS HEREBY RESOLVED that the non-exclusive franchise
#66-92 granted to the applicant named above (GRANTEE) on the 20th day of July,
1992 is hereby extended for a period of nine (9) years from the date of the original
Resolution and shall expire on the 20th of July 2026, 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:
1)
2)
3)
Those county roads lying in Section 31, Township 25 North, Range 2 West,
W.M.
(1) 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, Any construction or installation of utilities
~r:~~ bt'r th~s r~~~~ti~ sh:ll comply with the ",rovisions of Jefferson
p;;,u..;(S ;;tili~ A~tY ~m~ati~ Poli~Y: Resolu!ion No, 38-91 and with the
VI ons f th cou 'F nchlse Ordmance. Ordmance No, 2-81.
(2) T~~ f~l ~~c~~~nce of thiJ Amendment to the non-exclusive franchise
~~6-~; G,d ~ i r s and con itions within thirty 13m days from this date.
t RA EE. in writinl!. is to be filed with the Clerk of the Board of
~~~~ ~On~~i~f~~~~~ gf ~~fferson, County and s~al1 be a co~di~ion prec,';~
t ta e n u ess thIS Amendment IS accented wlthm such time.
this f:rant shall be null and void.
ADOPTED TffiS
DAY OF
, 1996.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
~
Richard WOJt, Chairman
Glen Huntingford, Member
SEAL:
A TIEST:
Robert Hinton, Member
~ ~' '1
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Lorna L. Delaney
Clerk of the Board
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
\
P,O, Box 2070
1322 Washington 51.
Port Townsend, WA 9B368
(360) 385-9160
Klara A. Fabry, Director/County Engineer
November 27, 1995
James G. Parker, Manager
Jefferson County P,U,D. #1
PO Box 929
Port Hadlock WA 98339
Dear Jim;
In regards to the plans you have submitted via Parametrix for the replacement of the
existing water system for the Lazy-C development this department has several
concerns: '
(',
1, As per the County's Utility Accommodation Policy we require that all
utilities be placed in or behind a ditchline or in a corridor within five
feet of the edge of the right of way. The plans submitted for this job
indicate your intention of placing the waterlines in the shoulder and that
is not acceptable, The plans will have to be redesigned to reflect this
change,
2. The depth of all utilities placed in the right of way shall be a minimum
of 30 inches below the level of the ditchline or 40 inchez below the
level of the centerline for road crossings.
3. Finally, as we discussed on the site, the water table at this location, at
this time of the year, is not far below the existing ground level. We
would strongly recommend that any utility installation in this area be
planned for the summer. As you know the Franchisee is directly
responsible for any and all damage to the roadway and installing this
water system during the winter rainy season practically guarntee's some
damage, This could drive up the cost of your installation considerably.
I hope I have addressed all your concerns. If you have any further questions or I
can be of any further assistance please do not hesitate to contact me at 379-4450
or on my cell phone at 301-0228,
Sincerely, ~d _
~ce~ ~ ~._.
~bert Hende
Engineering Technician IV
c: Klara Fabry, Director/County Engineer
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Public Utility District #1
Of Jefferson County
17 November 1995
Board of Commissioners
Richmd M. Shipmnn, Dj5lric~ 1
Kenneth McMilien. Dislrir:~ ~,
~cbl?rt A. Krulennt. Di"trj~ 3
Bob Henderson
Permit Center
Jefferson County
JClmf;oS G. Parker. Manage;
2. 0 1995
Bob:
The purpose of this letter is to thank you for meeting with us
on site last week and to confirm the results of our meeting in
regards to the positioning of new water mains at the Lazy-C.
As I mentioned at our meeting I am being required to go in
front of the Public Works Trust (PWTF) Board next January to
request another extension to their 200,000 dollar loan. I may not
get the extension, based an the fact that the project has been
extended an 4 times occasions, the last time giving me a deadline
of end of 1995. Apparently we are not going to meet that. Could
you please provide me with a letter stating that the County feels
that the current engineer plans and specs will have to be redone to
reflect the water mains need to be 3 feet below the bottom of
drainage ditches, the addition of a cement slurry to stabilize the
shoulders, and relocation to the apposite s~,de of the road. This
will provide me with more ammunition in asking for another
extension. It will shaw I will need more time to redesign the
plans and get approval, plus the costs of the project will increase
due to safety requirements of working in deep ditch, de-watering,
and slurry costs, not to mention additional engineering costs.
t~..~
At our meeting what I understood the County to say that the
PUD needs to be able to place any new water main so it does not
result in the erosion of the roadway shoulders. Also the line has
to be 3 feet below the bottom of the ditch - I looked in the 1994
standard Specifications DOT (M 41-10) and it only states the water
line must be 36 inches below the surface, nothing about the
drainage ditch. However, your point about a future culvert is well
taken, but given the culvert would be placed with its invert at the
level of the ditch it would seem 6 inches to a foot below the ditch
at those locations would seem appropriate. Additionally at the
Lazy-C with its high water table I would think you would try to
keep the drainage ditches as shallow as possible. Lastly, are you
really going to put in culverts?
Please provide me with the letter for the PWTF meeting. Also
could you let me know if the water main really has to be 36 inches
below the ditch line, that would drive the cost of the project up
tremendously.
,-
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
P.O, Box 1220
Port Townsend, WA 98368
(206) 385.9160
Gary A. Rowe, P.E" Director
Robert G, Nesbitt, P.E., County Engineer
August 21, 1995
Jim Parker, Manager
Public Utility District # 1
PO Box 929
Port Hadlock WA 98339
RE: Fee for Franchise Extension
Dear Jim;
I have totaled the time that Eileen Simon and myself have spent on the Franchise
Extension for your Triton Cove project The end result is the PUD will have to send
the Public Works ,Depaitment the entire $150,00 fee, I'm sorry for any inconvenience
this delay may have caused Jim. As I originally explained this was the first request
of this nature we have received and we were not certain how much time it would
take,
Thank you for your patience, If you have any questions you can contac~ me at the
Permit Center at 379-4450
~
Sincerely, J ')
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Engineering Technicia IV
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,... '~:'NClnpIiO'!':'ftEARING .-
C <NollcelsherebyglveilthlltJefflliBolI'
ountyP,t/,O. .111 'has flied an
aePPllcatlon 'with the Jefferson County
oerd 01 ,eommlsslon.ers;: toexteilil
the expiration date ,lor Franchlsll No
6h6'92, A pUblic hearing Will be 'held by
t e Jellerllon County. Board. 01
Commissioners on Monday .~uIY211th
at 11:15a,I1),lnthelr'chambeta'Bt1hll
County Courthouse In PortTOWI1l:UIna'
Washington, for the purpose of'llillln '
eotllstlmony conoemlng 1hls apPllcallong
I erd of Jefferson County COmm. Is.. '.
soners., '."
Glan Hunllngford,Chalrman,':
33187"12
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Affidavit of Publication
STATE OF WASHINGTON)
SS
COUNTY OF JEFFERSON)
scon WILSON, being sworn, says he is the publisher of
Ihe Port Townsend Jefferson County Leader, a weekly
newspaper which has been established, published in the
English language and circulated continuously as a weekly
newspaper in the lown of Port Townsend in said County and
State, nnd for general circulation In said county for more
than six (6) months prior 10 lhe date of the first publication
ofthe Notice herelo attached. and that the said Port Townsend
Jefferson County Leader was on Ihe 27th day of June 1941
approved as n legal newspaper by the Superior Court of sold
Jefferson County and Ihalannexed is a true enpy of the
Notice of Hearing
AS it Appeared in the regular and enllre issue of soid paper
Itself not in n supplement thereof for n pr.riod of
two consecutive weeks, beglnningon the-5..th.-
dayof July, !9..2..5-.andendlngonlhe
l2th dayof Julv, 19~,nnd
Ihat sold newspaperwn, regulnrly dlstrihuted to Itssubscrih.
ers during all of tbls period, That Ibe full amount of
$ 28.00 hasbeenpnldlnfull,ollhernteofS7,80
($7,00 for legol nO~ivr<l eleelronleally, modem or
dISk)percolllonnl~~~
Publisher
Snh,cribed nnd swomto before me Ihl, 12 th day nf
Julv .19..2.2.., . ,
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Notnry Pilhllc I(~nd for Ihc Slnte of Washington, (
, , residing at Ponlladlnek, ;
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
\
1820 Jefferson Street
P.O, Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary A. Rowe, P.E., Director
Robert G, Nesbitt, P.E.. County Engineer
MEMORANDUM
TO: Paul E, Mcilrath, Deputy Prosecuting Attorney
FROM: K, Robert Henderson (!f~
DATE: July 26, 1995
,I
SUBJECT: Franchise Amendment Resolution
Paul, attached you will find:
1. a letter from Jefferson County P.U,D. #1 requesting an extension for an
existing franchise they were granted in 1992;
2. a copy of that franchise #66-92 they were granted then;
3, a copy of the staff report, the B.O,C.C. received;
4. and the original Resolution drafted by myself this date, Amending the
existing franchise as requested,
Please approve the Resolution as to form, or let me know what changes you need
me to make. This is the first time that a request of this nature !1as been asked of
Public Works so I used the existing Franchise Resolution form as a guideline.
As you can see from the staff report only one Department had any comment and
there was no Public comment regarding th~ request at the Public Hearing.
If you have any questions or require more information just let me know, Thanks,
Bob,
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APPLICATION TO EXTEND THE
EXPIRATION DATE FOR FRANCmSE
IN TRITON COVE
JEFFERSON COUNTY PUD #1, APPLICANT
REQUEST
The request is to extend the expiration date for Franchise No. 66-92 from July 20,
2017 to July 20, 2026,
The application was made by Jefferson County P,U.D. #1 in accordance with the
Jefferson County Franchise Ordinance 2-81, and is subject to its requirements and
criteria.
Notice of the proposed franchise was made to appropriate agencies,
shown under "AGENCY RESPONSES",
Response is
A public hearing is scheduled by the Jefferson County Board of Commissioners for
July 24, 1995, at 11: 15 a,m, in their chambers at the Jefferson County Courthouse
in Port Townsend, Washington, Notices of Hearing were posted in the Port
Townsend Post Office, Port Townsend City Hall, and Jefferson County Courthouse,
Publication of the notice was made in the July OS, 1995 and Ju)y 12, 1995 editions
of the Port Townsend-Jefferson County Leader.
AGENCY RESPONSES
I, The Jefferson County Health Department made no comment.
2, The Jefferson County Department of Public Works does not have any concerns
regarding the request.
3, The Jefferson County Planning Department made no comment.
4, The Jefferson County Prosecutors Office made no comment.
FINDINGS:
I) The proposal is not in conflict with the Jcfferson County Comprchcnsive
Plan;
2)
3)
The proposal is not in conflict with the Coordinated Water System Plan;
Installation and maintenancc of a properly functioning water system,
which can provide a reliable source of water of drinking, firefighting, and
other safety considerations, is in the interest of the public health and
protection;
4) The proposal is reflected in the application filed by Jefferson County
P,U,D, #1 on June 16, 1995, which is incorporated by refercnce hercin.
~
STAFF RECOMMENDATION
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The recommendation is to approve the extension of the expiration date as applicd
for, The appliclltion was made by thc Jeffcrson County P. U.D, #1 in accordance with
thc Jcffcrson County Franchise Ordinance 2-81,
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ACCEPTANCE OF FRANCHISE TERMS AND CONDITIONS
I hereby accept the terms and conditions specified under Ordinance No. 2-
81, for an Amendment to the Non-Exclusive Franchise granted to Jefferson County
P.U,D. #1, for construction, operation and maintenance of a water system along
and across the county roads rights of way described in Resolution No. 66-92,
approved by the Board of Jefferson County Commissioners on the 24th day of July,
1995.
Dated this
day of
,199_,
Jefferson County P,U.D, #1
Applicant
Applicant Signature
........................................................................................................................
STATE OF WASHINGTON
COUNTY OF
ss
On this day personally appeared before me Mr. James G. Parker, Manager, Jefferson
County P.U.D. #1, to me known to be the individual described in and who executed
the within and foregoing instrument as his free and voluntary act and deed.
GIVEN under my hand and official seal this _ day of
,199_,
PRINT:
Notary Public in and for
The State of Washington
residing at
MY COMMISSION EXPIRES
,199_,
.
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
p.o, Box 2070
1322 Washington 51.
Port Townsend, WA 98368
(360) 3B5-9160
Klara A Fabry. Director/County Engineer
TO:
MEMORANDUM
FROM:
VIA:
DATE:
Paul E, McIlrath, Deputy Prosecuting Attorney ~
K. Robert Henderson, Engineering Technician IV C:!>f:j
Klara Fabry, Director/County Engineer
December ]9; '1995
SUBJECT' Franchise Amendment Resolution
Paul, on July 26 of this year] sent a Reso]ution to you for your approval. As of this
writing J have not received any notification of approval or any changes required
Attached you will find copies of the original package I sent you in July, Please take
a look at this and let me know what you think.
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
RESOLUTION NO. _-95
Granting an Extension of an Existing x
Franchise On County Road Rights of x
Way to Jefferson County P.U.D, #1 x
WHEREAS, an Application for Extension of Expiration Date of Franchise #66-
92 has been submitted by Jefferson County P,U.D, #1, 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 July 24, 1995, 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 extension
of expiration date request, based on the following findings of fact and conclusions:
1) The proposal is not in conflict with the Jefferson County Comprehensive
Plan;
2) The proposal is not in conflict with the Coordinated Water System Plan;
3) Installation and maintenance of a properly functioning water system,
which can provide a reliable source of water for drinking, firefighting,
and other safety considerations, is in the interest of the public health
and protection
NOW THEREFORE IT IS HEREBY RESOLVED that the non-exclusive franchise
#66-92 granted to the applicant named above (GRANTEE) on the 20th day of July,
1992 is hereby extended for a period of nine (9) years from the date of the original
Resolution and shall expire on the 20th of July 2026, 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:
Those county roads lying in Section 31, Township 25 North, Range 2 West,
W,M.
(1) The full acceptance of this Amendment to the non-exclusive franchise
#66-92 and a/I 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 this Amendment is accepted within such time,
this grant shall be null and void.
ADOPTED THIS 7th DAY OF August, 1995,
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Glen Huntlngford, Chairman
~
Richard Wo]t, Member
SEAL:
ATTEST:
Robert Hinton, Member
'!:
tJ
Lorna L, Delaney
Clerk of the Board
APPROVED:
Paul E. Mcilrath
Deputy Prosecuting Attorney
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JUL 2. 8 1992,
1/2
351.968
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REni~;:;;i Or:
of ".~~o ,~~tfQJ\I)'
STATE OF WASHING~Qt'lJUl 27 P~\ 12: 08
COUNTY OF JEFFERS(5N
Fl.r~i' 1. '.,::..BClURY - 0
JEFFERSG~'. CCU:i1 '( t.UDi I 0"
l'~OLUTION NOH 66-92
In the matter of
x
Granting a Non-Exclusive Franchise
On County Road Rights of Way to
Jefferson County P.U.D. #1
x
x
x
WHEREAS, an Application for non-exclusive Franchise has been submitted by
Jefferson County P.U.D. No.1, 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 June 22, 1992, at the hour of 10:45
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-exclusiv.e
franchise request, based on the following findings of fact and conclusions:
1) The proposal is not in conflict with the Jefferson County Comprehensive Plan;
2) The proposal is not in conflict with the Coordinated Water System Plan;
3) Installation and maintenance of a properly functioning water system, which
can provide a reliable source of water for drinking, firefighting and other
safety considerations, is in the interest of the public health and protection
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 main system, authorized under Title 56 RCW, including those common under Title
56 and 57 per 56.20.015, consisting of installation and selVice connections upon, under, over,
across and along the rights of way of the county roads of Jefferson County, Washington,
more particularly described as follows:
Those county roads lying in Section 31, Township 25 North, Range 2 West, 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 U!lon 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 andjor assigns, expressly agrees that it will
strictly comply with the requirements of the said ordinance and any amendments
thereto. The GRAl'.'TBE 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
selVice 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
VOt 381 ..~,.527
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RECEIVED
JUL 2 8 1991
,.un.l
of JoIIo ~_
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 med 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~AY OF
July
,1992.
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, ATlEST:'
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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a:du t1_~aJ&-5 . JJ'f1f
rna L. Daney / .
~erk of the Board
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Prosecuting Attorney
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STATUTORY WARRANTY OEED AND 3:!hfs~LE ;,:Wf,~~~~
The <;1rantor, Lazy C Club, Inc:, a w,:shington no~;"pXp~:i t -',' ,n
corporat~on, for no monetary cons~derat~on, hereby cifnveys ,.C'};!;: '~lIDiT'~
and warrants to Public Utility District No. 1 of JefKi":rson l-?'J .;.,__ u,.
County, Washington, a municipal corporation, the follOWi:frg---.......~TY
described water system and real estate (collectively referred
to herein as the Lazy C Water system) situated in Jefferson
county, state of Washington, including any interest therein
which grantor may hereafter acquire, to wit:
A. A permanent easement over, upon, across and under
Lot 31 of Lazy C Ranch Division 1 within Section 34 of Town-
ship 26 North, Range 2 West W_M., as per plat recorded in
Volume 5 of Plats, pages 61-63, official records of Jefferson
County, Washington for the continued placement, operation,
repair and maintenance of the existing two well sites located
thereon or replacements thereof, and subject to the grantors
reserving the right to continued use of the clubhouse and picnic
area.
B. An easement for ingress, egress and utilities over, upon,
under and across all existing easements for ingress, egress and
utilities of record in plat of Lazy C Ranch Divisions 1, 2, 3,
Volume 5, of Plats, pages 6l - 63, records of Jefferson County,
Washington.
C. Lot 243 of Lazy C Ranch Division No. 3 as per plat
recorded in volume 5 of Plats at page 61 - 63.
D. Certificate of Water Rights No. G2-24l36C issued to
Lazy C Club, Inc., and recorded in Auditor File 272987 at
Volume l51 at page 250, records of Jefferson county, Washington
serving Lazy C Ranch Divisions 1, 2, and 3 located within Section
34 and Township 26 North, Range 2 West, W.M., all within Jefferson
county, Washington, with a diversion point of 275 feet North and
410 feet East of the West Quarter corner of said Section 34.
E. Franchise with Jefferson County, Washington recorded in
Volume 105, pages 139-141, official records of Jefferson county,
Washington.
The grantor, Lazy C Club, Inc., further conveys and warrants
to public Utility District No. 1 of Jefferson county, Washington
all improvements and personal property situated upon over and
under the above-described real property used in connection with
the water system of Lazy C Club, Inc~, including but not limited
to the following:
fJ:
1. As to well house No. l: 1 milk house heater
2. Of well house No.2: 2 - 3" gate valves, 1 milk house
heater, 1 chlorine system (complete), two used chemical
pumps, 1 used booster pump (capacity unknown), assorted
3 foot, 2 foot, and 1 and 1/2 foot PVC fittings; assorted
2" and 4" PVC pipe (short lengths); 1 36" pipe wrench;
1 chlorine test kit; 1 new 3" PVC ball valves.
3. At booster pump house: 1 milk house heater; 1 diesel
powered generator (emergency); 1 spare 5 horse powered
single phase motor and pump.
4. All pipes, lines and plumbing.
R,ECElVED
JUL 9 \990
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Dated this I~~ day of
MlAi
, 1990.
Lazy C Club, Inc.
Bya~a ~
By ~:~~
Secretary -
,:)- / ;z. -c:J ()
(date)
S/;:!CfO
(slSt
STATE OF WASHINGTON)
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COUNTY OF.J &0 \\ ~'\J i
W:.; t
On this ) A day of j../j A , 1990, before
me, the undersigned, a Notary Pub ic in and for the state of
WaShington~ commissioned and sw~n, personally appeared
go 1\ 'JA. L- . ~ , b..:'A \.. R.. LOO~ and 6 e,.,e 12. T ~ LA P..J<.
to me known to be the President and Secretary, respectively,
of Lazy C Club, Inc., the corporation that executed the fore-
going instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned,
and on oath stated that they are authorized to execute the
said instrument and that the seal affixed is the corporate
seal of said corporation.
WITNESS my hand and official seal hereto affixed the ,.q'lY
and year first above written. ",..~\~:,:.,....~11
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Public Utility District #1
Of Jefferson County
16 June 1995
Board of Commissioners
Richard M. Shipman. District 1
Kenneth McMillan. District 2
Robert A. Kru1enat. District 3
Robert Henderson
Jefferson County Permit Center
621 Sheridan
Port Townsend Washington 98368
--~:~. 'U-- fj' ""i]' ',r'~]~-~-I'?l"l James G. Parker. Manar:;er
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Dear Bob:
The purpose of this letter is to request an extension on our county franchise for t~
Triton Cove area. Rural Economic and Community Development are providing the loan
guarantees for the Triton Cove water system improvements and they are requiring us to
get a\1 easements, and franchises extend for the length of the loan, The loan is for 30
years therefore we are asking that the franchise we have with you be extended until the
year 2026.
If you have any questions or need additional information please call.
~;,Jpw--
~~:~er
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JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS
PERMIT CENTER
PORT TOWNSEND, WA 98368
(2061379-4450
NOTICE OF APPLICATION TO EXTEND
THE EXPIRATION DATE FOR A FRANCHISE
r
Attached Is a description of an application to extend the expiration date for Franchise
No, 66-92. Issued to Jefferson County P,U,D. #1, from July 20. 2017 to July 20.
2026, If you have any questlon~ or wish to, C?~[Jlent on this proposal, please write
or telephone this office by cY.:/'/-/ / / 'Y'./J. ,
AGENCY: v;C<4~t:;C//:/ / 7,1/''1>1.' /,:",,,,,,, :/,-:..;f",y,;J,,:L:-=;
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24 Colwnll SlrnOl I po, 00. 929, Pan Hadlock, Wnahin9'on 08339 (206) 385-5600 FAX (2Cle) 385.5945
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APPLICATION TO EXTEND THE
EXPIRATION DATE FOR FRANCmSE
IN TRITON COVE
JEFFERSON COUNTY PlIO #1, APPLICANT
REQUEST
The request is to extend the expiration date for Franchise No. 66-92 from July 20,
2017 to July 20,2026.
The application was made by Jefferson County P.U,D. #1 in accordance with the
Jefferson County Franchise Ordinance 2-81, and is subject to its requirements and
criteria,
A public hearing is scheduled by the Jefferson County Board of Commissioners for
July 24, 1995, at 11: 15 a,m, in their chambers at the Jefferson County Courthouse
in Port Townsend, Washington, Notices of Hearing were posted in the Port
Townsend Post Office, Port Townsend City Hall, and Jefferson County Courthouse,
Publication of the notice was made in the July 05, 1995 and July 12, 1995 editions
of the Port Townsend-Jefferson County Leader,
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Public Utility District #1
Of Jefferson County
16 June 1995
Board of Commissioners
Richard M. Shipman. District 1
Kenneth McMillen. District 2
Robert A. Krutenat. District 3
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Robert Henderson
Jefferson County Permit Center
621 Sheridan
Port Townsend Washington 98368
:\~. r~ . ~~_; : j~ ~_a,._ '"-"'
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Dear Bob:
The purpose of this letter is to request an extension on our county franchise for the
Triton Cove area, Rural Economic and Community Development are providing the loan
guarantees for the Triton Cove water system improvements and they are requiring us to
get all easements, and franchises extend for the length of the loan, The loan is for 30
years therefore we are asking that the franchise we have with you be extended until the
year 2026.
If you have any questions or need additional Information please caB.
~~Jp~
~:~er
2.' Cnlwnll $1ro01 I P.O. OaK 920, Port Hnctlol.k, WI\f1hlnoton 083:\0 (200) 385.5800 FAX (200) 385.5045
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PUBLISH TWO TIMES: July 5 & 12, 1995
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Jefferson County Permit Center
NOTICE OFHEARJNG
Notice is hereby given that Jefferson County P.U.D, #1 has filed an application with the Jefferson
County BOlU'd of Commissioners, to extend the expiration date for Franoh:ise No. 66-92. A public
hearing will be held by the Jefferson CollDty BOlU'd of CoIllIllissioners on Monday, July 24th, at 11;15
80m. in their chambers at the County Courthouse in Port Townsend, Washington, for the purpose of
taking testimony concerning this application.
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of:
Amending RESOLUTION No. 66-92, Notice of
Hearing on Application for Extension of
Expiration Date of Franchi'se Granted in Triton Cove
by Jefferson County P.U.D. #1 '-
}
RESOLUTION No. _-95
I.
NOTICE IS HEREBY GIVEN that Jefferson County P.U.D. #1 has filed an
application with the Board of County Commissioners of Jefferson County,
Washington, to extend the expiration date for Franchise No. 66-92. A public
hearing regarding this application has been scheduled for July 24, 1995, at the hour
of 11 :15 a.m. o'clock in the Commissioners Chambers in the Jefferson County
Courthouse, Port Townsend, Washington. Such hearing may be adjourned from time
to time by order of the Board. After such hearing the Board will take such action
with reference to the application as the Board shall deem appropriate for the public
interest.
DATED this 03rd day of July, 1995.
BOARD OF COUNTY COMMISSIONERS
SEAL:
ATTEST:
Lorna L. Delaney
Clerk of the Board
Robert Hinton, Chairman
Glen Huntingford, Member
Richard Wojt, Member
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David Skeen
JEFFERSON COUNTY PROSECUTING AITORNEY
Courthouse -- P.O. Box 1220
Port Townsend, Washington 98368
Telephone (360) 385-9180 FAX (360) 385-{)073
Paul McIlrath, Chief Deputy
Walter H. Perry. Deputy
Juelie Dalzell, Deputy
Richard Suryan, Deputy
MEMORANDUM
TO:
Attorne~
K.Bob Henderson
FROM:
Paul E. McIlrath, Deputy Prosecuting
DATE:
July 12, 1995
RE:
Extension of Franchise Aareement
We are in receipt of your notice of franchise agreement between
PUD No. #1 and Jefferson County. As we have not been asked to
conduct a legal review of the proposal, and as you have not asked
us any specific legal questions regarding this action, we assume
that this notice has been provided to us as a courtesy. Thank
you.
PEM/mm
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David Skeen
JEFFERSON COUNTY PROSECUTING ATIORNEY
Courthouse -- P.O. Box 1220
Port Townsend, Washington 98368
Telephone (360) 385-9180 FAX (360) 385-0073
Paul McIlrath, Chief Deputy
Walter H. Perry, Deputy
Juetie Dalzell, Deputy
Richard Suryan, Deputy
MEMORANDUM
TO:
FROM:
'DATE:
RE:
K_ Robert Henderson, Public Works Departmentrl5~~\
Paul E. McIlrath, Deputy Prosecuting Attorne~
June 1, 1995 .
Amendment to Franchise Agreement
Recently, you asked this office for guidance on how to proceed
with amendment of a franchise agreement, to extend the expiration
date of the agreement. Currently, the agreement is set to expire
in the year 2017. However, the PUD is seeking a seven year
extension, to match the period of the bond it secured. You
referenced Section 17 of the agreement for support to allow a
unilateral extension by the Board of county Commissioners without
need for publication or hearing.
Section 17 does appear to allow the county to "...change, amend,
modify or amplify..." the agreement upon 48 hours notice, but
only to "...conform to any state statute or county regulation
relating to the public welfare, health, safety or high
regUlation..." The proposed extension does not appear to be
sought for any of the public welfare purposes enumerate in that
section.
Additionally, the franchise agreement was entered into following
publication and notice. Any significant amendment to the
agreement should be afforded the same procedural consideration.
There are times where minor corrections may be instituted by
simple agreement among the parties. However, extending the
period of a franchise agreement is probably of sufficient
significance to require public hearing.
We hope that these comments are of assistance to you. Please do
not hesitate to call upon us if you have further need of
assistance.
<l;
PEM/mm
cc: Gary Rowe, Public Services Dir.
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d.,J"".A! -<".5' NO. 9 6 2 6 9
DATE 7:/0/ /9f/--
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RECEIVED FROM
DESCRIPTION
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AMOUNT
CURRENCY
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JEFFERSON COUNT'fYQC r~'{\~ ('llf~
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QUILCENE, WASHINGTON 98376
PHONE 76!l-3730
NEW HOMES
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1 280 LINGER L.ONGER RD,
OU1LCENE, WASHINGTON 98376
PHONE 765.~ "8~e
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CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDEA, THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW,
COMPANIES AFFORDING COVERAGE
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OUILCENE, WASHINGTON r,R371i
(206) 765.3398
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PROPOSAL SUBMITTEO TO
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mr VrppPl1r horeby to furni.~h malerial and labor - complete in accordance with above specifications, for the 'urn of:
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Contract Surety
1213 Valley Street
P.O. Box 9271
Seattle, WA 98109-0271
(206) 628-7200
(800) 76S-CBlC National
(206)682-1558 FAX
MARCH 28, 1995
JEFFERSON COUNTY PERMIT CENTER
621 SHERIDAN
PORT TOWNSEND, W A 98368
RE: MAIN1ENANCE BOND FOR UTILITY HOOK-UP ON CARL JOHNSON RD
DEAR BOB HENDERSON.
PER OUR PHONE CONVERSATION TIllS MORNING. CONTRACTORS BONDING AND
INSURANCE COMPANY WOULD GLADLY ISSUE A MAINTENANCE BOND FOR THE
INSTALLATION OF WA1ER LINE AT 871-981 CARL JOHNSON RD FOR ONE TO '!WO YEARS
ONCE THE JOB HAS BEEN COMPLETED. WHEN THE WA1ER LINES HA VB BEEN
INSTALLED ALL WE REQUIRE IS A LETTER FROM JEFFERSON COUNTY STATING TIiAT
THE JOB HAS BEEN COMPLETED AND THAT YOU ARE NOW REQU1RlNG A MAINTENANCE
BOND IN THE AMOUNT OF $3.900,00 IN THE PERIOD OF ONE OR TWO YEARS (CHOOSE
ONE) FROM THE OWNERS OF TInS PROPERTY, MR, AND MRS, INGEBRETSEN.
IF YOU HA VB ANY QUESTIONS. I AM THE LEAD UNDERWRITER ON TillS ACCOUNT,
PLEASE CONTACT ME AT: 1.800-765.2242, THANK YOU FOR YOUR COOPERATION IN TInS
MATIER.
SINCERELY. d
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377631
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
RESOLUTION NO. 126-94
Granting a Non-Exclusive Franchise x
On County Road Rights of Way to x
John and Jeanne Ingebretson 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, Washmgton, 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.
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:
4)
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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:
(I) 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, maint."lining, 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 ap'purtenances. Construction permits will be granted upon the
determination that the faCility plan complies with the county comprehensive plan,
(4) Thc GRANTEE shall commence construction work under this non-exclusive
franchisc only after thc cffcctive dare hereof, and aftcr first securing nccessary approvals
and permits from the County Planning Departmcnt and thc Departmcnt of Public Works,
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(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 10 its taking effect, and unless the non-exclusive franchise is accepted
withill such time, this grant shall be null and void.
ADOPTED THIS ~b '*;,AY OF ttJ1l...fVn1k- ,199j(
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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ATTEST:
APPROVED:
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Mark Huth
Prosecuting Attorney
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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 John & Jeanne Ingebrets&n,P'ror 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 /57" day of Peu-""I....".. , 199~. .
Dated this ~'"'t'" day of !;ece"" heY' , 199.!L.
STATE OF WASHINGTON)
COUNTY OF 1U;.)6 )
On this day personally appeared before me.;&.t.v 'l' JCA<.~v, _b-v'tA/1.TJoJ , to me known to be
the individua1described in and who executed the within and foregoing instrument as 1m free
and voluntary act and deed. 7!lUI-
GIVEN under my hand and official seal this Jil. day of ~,,!<e, ,199.t.....
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:};AI:';j,"A./l (, 60/<-
Notary Pubhc In and for
The State of Washington
residing at A o{..,,u /.I'i
MY COMMISSION EXPIRES
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Applican Name (PRINT)
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
PO. Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary A. Rowe. PE.. Director
Robert G. Nesbitt, RE, County Engineer
December 1, 1994
John & Jeanne Ingebretson
25156 SE 158th Street
Issaquah, WA 98027
"
Dear Mr, and Ms, Ingebretson:
On November 28th, the Board of County Commissioners approved granting you a franchise to
install and operate a water line on Carl Johnson Road, with certain conditions attached, Before
you start construction, a construction bond, letter of credit, or savings account assignable to
Jefferson County in the amount of 150% of construction costs must be provided, as well as a
maintenance surety bond or assignable savings account in the amount of $5,OO/ft of water line
or $3900,00, A copy of the resolution is enclosed, The resolllfion is not activated unril the
enclosed Acceptance of Franchise Tenns and Conditions is signed and refilmed to the
Department of Public Works, Please read the franchise and the staff report carefully, sign the
Acceptance of Terms, and return the Acceptance to me for recording, Upon receipt of the
Acceptance the franchise will be finalized,
No work may be performed until these conditions are met, the county receives the sureties, and
the Resolution granting the franchise has been signed, Your construction surety will be released
upon final inspection and approval of the work done on Carl Johnson Road for the installation
of your water line,
Please feel free to contact me should you need further assistance,
Sincerely,
~~~~
Right-of-Way Permit Technician
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RECOMMENDED FINDINGS:
1) The proposal is not in conflict with the Jefferson County Comprehensive Plan,
2) The water line is necessary to provide service for a single family residence,
3) The proposal is reflected in the application filed by Mr. Ingebretson on August
31, 1994, which is made in accordance with the Jefferson County Franchise
Ordinance 2-81.
STAFF RECOMMENDATION
The recommendation is to approve the franchise, conditioned upon a 150% construction bond
and a surety in the amount of $WOO $3900.00 being provided.
EXHIBIT A
LEGAL DESCRIPTION FOR JOHN INGEBRETSON FRANCHISE APPLICATION
ON CARL JOHNSON ROAD FROM A WELL LOCATED 100 FEET SOUTH OF
THE CORNER OF THE PROPERTY AT #871 CARL JOHNSON ROAD, (DESCRIB-
ED AS GOVT. LOT #1, SECTION 4, TOWNSHIP 27 NORTH, RANGE I WEST,
W,M" LESS SOUTH 500 FEET AND EAST OF TARBOO BAY AND TAX LOT 3
AND TAX LOT 4) TO A PUMP HOUSE LOCATED 320 FEET NORTH OF THE SW
CORNER OF THE PROPERTY AT #871 CARL JOHNSON ROAD (DESCRIBED AS
GOVT. LOT 1, SECTION 4, TOWNSHIP 27 NORTH, RANGE 1 WEST, W,M.,
NORTH 400 FEET OF SOUTH 500 FEET EAST OF CARL JOHNSON ROAD.)
ON NOVEMBER 10TH THE INGEBRETSON'S AGREED TO LET THE PUBLIC
WORKS DEPARTMENT USE THIS DEPARTMENTS GENERALIZED LEGAL
DESCRIPTION AS PUBLISHED IN THE LEADER, AS FOLLOWS: KRH
County Road No, 347509, Carl Johnson Road, in Goverment Lot I of Section 4,
Township 27 North, Range I West, WilIamctte Meridian.
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FRANCHISE APPLICATION FOR
WATER LINE
CARL JOHNSON ROAD
JOHN INGEBRETSON, APPLICANT
REQUEST
The request is to install, operate, and maintain a single family pressurized water line in the right
of way of Carl Johnson Road from mile post 0.81 southerly.we-feel CORRECTION - AFTER
SPEAKING WITH JEANNE INGEBRETSON ON OCTOBER 05, SHE INFORMED ME
THAT THE DISTANCE INVOLVED WAS QUITE A BIT LONGER THAN 100 FEET.
BOB NESBITT AND BOB HENDERSON MET WITH THE INGEBRETSONS ON SITE
AND DETERMINED THE ACTUAL DISTANCE TO BE 780 FEET. WE AGREED ON
A MAINTENANCE BOND OF $5.00/FT. FOR A BOl\'D AMOUNT OF $3900.00.
The application was made by John and Jeanne Ingebretson in accordance with the Jefferson
County Franchise Ordinance 2-81, and is subject to its requirements and criteria.
Notice of the proposed franchise was made to appropriate agencies, Response is shown under
"AGENCY RESPONSES",
A public hearing was scheduled by the Jefferson County Board of Commissioners for October
03, 1994 at 11: 15 a,m. in their chambers at the Jefferson County Courthouse in Port Townsend,
Washington, Notices of Hearing were posted in the Port Townsend Post Office, Quilcene
Post Office, and Jefferson County Courthouse, Publication of the notice was made in the
September 21 and September 28, 1994, editions of the Port Townsend-Jefferson County Leader,
AGENCY RESPONSES
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I. The Jefferson County Health Department had no comment.
2, The Jefferson County Department of Public Works made the following comments:
A) A construction bond shall be provided in the amount of 150% of the construction
cost, An estimate of the construction cost shall be provided by the applicant.
This bond is required until all work is completed and inspected by the County,
B) In accordance with Section 19 of Jefferson County Franchise Ordinance 2-81, a
surety bond or other collateral in the amount of &HlOO shall be provided to
Jefferson County, AMENDED 11101/94 - ORIGINAL DISTANCE OF
WATERLINE WAS IN ERROR. ACTUAL DISTANCE IS 780 FEET, AT
$s.oolFr THE MAINTENANCE BOND REQUIREMENT WILL BE
$3900.00.
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3,
4,
The Jefferson County Planning Department had no comment.
The Prosecuting Attorney's Office had no comment.
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25156 SR 158th Street
Issaquah, WA 98027
March 18, 1995
RobertH. Hinton,
Jefferson County Board of Commissioners
Mr. Chairman:
We are writing to request that the Board waive a requirement that we
purchase a Contruction Bond, and use instead the existing bond of our
licensed and bonded contractor.
We were granted a franchise for the installation of a domestic water
supply line, along Carl Johnson Road. This line runs from an easement
on our neighbor Ralph McClanahan'S property, at B71 Carl Johnson Road,
where our well is located, to our property at 981 Carl Johnson Road.
Our contractor, Tom McClanahan, is well established in Jefferson County
and has a reputation for meticulous work; the permit for the line
installation would be issued in his name,
As the county requires, we will be purchasing a Maintenance Bond for the
same water line, in the amount of $3900. The Construction Bond in our
name, in addition, would be more of a financial hardship. We would
deeply appreciate the Board's granting Our request.
Thank you for your consideration,
gzrt~v Qe~(~~
John and Jeanne Ingebretoen
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25156 SE 158th Street
Issaquah. WA 98027
Home: 392-D5l6
Work: 234-9106
August 29, 1994
To:
K. Robert Henderson
Jeffersun County Department of Public Works
Dear Mr. Henderson,
Enclosed you will find
the completed Application for Franchise fonn required by the county,
a cheek for $150,
a plot map showing the locations of our homesite and our neighbor's woods (the wen
site)
a copy of our weB easement showing the exact location of the weB, relati ve to the
Northwest comer of our neighbor Ralph McClanahan's property.
We appreciate your assistance and advice in this process, Will you please let me know if there are
changes needed on our Application for Franchise fonn before you submit it? It is very important
to us to get our weB water to our homesite, especially after drilling a dry wen on our own land, fol-
lowed by the geohydrologist.~' tests, which showed that there is no pomble water there above 150
feet. So you can understand how crucial this water line is to our retirement dreams,
Thanks again,
ttl:-l-~ (Y<-ut4~/t.J
Jeanne Ingebretscn
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RECEIVED
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AUG 31 1994
JEFFERSON COUNTY
PUBLIC WORKS DEPT,
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APPLICATION FOR FRANCmSE
TO: THE BOARD OF COUNTY COMMISSIONERS
OF JEFFERSON COUNTY, WASHINGTON
BY: :roi,.... + Teq'Hle .I"':Jehre.:f-se.V\
FOR: Sa Me..
ADDRESS: -Z-S'IS"(D 51: 15"f?..... 9'1'; ) ::r:.:-S<t7l.1dl., tuJ!f 980'2.7
Application to the County Commissioners of Jefferson County, Washington, for a
franchise to construct, operate, and maintain
q $iVl Ie. ~ ,'/ ;{orne:rf,-c h~ /;/11 consisting of
::l' 'e q e :t 'c. I' ere vuel! 'o.....r
upon, under, over, across, and along the rights of way of the county roads of Jefferson ~ /I
County, Washington, '.11ore particularly described as follows, to-wit: C q r I ;To tr... s" "1. <:K, J
-froWl. a IN ell 'ocq t~ /CJO I S"'d-'" C> f 'i'4e. N,""-' c: '" ....,.., er '! f' y.t. e.
pi^tll'ei"'t"l Q+ 'fI71 cqY'1 ~1.t1-t$O'1 .Ref. (c!esc.....he.,J)Qs tf7"", "1".10"1' I,
:;ec-r,'oV\ Af, ,Cevk sit '1" '1-7 "u,,,"'fI.t) f{Jq"'fge I Wr::S "",l:<J. "". . leSS ;jOt{"'"
S-"'D~q".eR E"qs'f" of> rl/u.bc" /?J4J.V Ql1cQ -rat( /or 34~ 7"d.1C /t:J1'" if) 7"<> q r"--p-
hoC(se. /ocq1'-e& '3zc'N"...<fl-., 0-10 --rite :;t.v e..""'I>\,/!.-"y4 +I..e.;ar"pe....fy q-t-
q ~ I eel:;" Tott"'JNI ~J, (de sc-/6e&. q s tfiov'+ .t.<.rf' ,) sc.C'f-,lIl1 ~ T/J!t()I1~''"J4 1.?
1\A11"'t4., ~1,"9e. I wes"f,w,...., 'I IVc~"t""t .."."'" 1",'1' St:J4t-'.. !/'r)CJ I Eez,yt- CJ-f1 Cq,./
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None of t e roa way over w IC IS ranc lse IS requested IS located wIthm the
limits of any incorporated city or town.
The Applicant hereby requests that the BOARD OF COUNTY COMMISSIONERS
fix a time and place for hearing this application and cause the Auditor of said County to
give public notice thereof in the manner provided by law, and that upon such hearing the
Board make and enter a proper order granting to thIS Applicant, its successors and assigns,
the franchise rights herein applied for.
DATEDthisZ6'....... dayof .41.e#4::rl- , 1991f.
"Jolt"! ::r:"'fJehreTse "1
(Applicant)
BY:~.r1 ~A....~
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of:
RESOLUTION NO. 103-94
Notlceo! Hearing on
Application fOI"Franchlse
John Ingebretson, Applicant
NOTICE IS HEREBY GIVEN that
John Ingebretson has, flied an
application w~h the Board of County
Commissioners' of Jefferson County,
Washington, for a franchise to
construct, operate and maintain a
pressurized single family water line,
aulhorlzed'undar title, 56 I;lCW,
Including those' corinnan under'Tltle
56 and 57 per 56,20,015, consisting 01
, Installation and service connections
upon, under, and along the rights 01
way 01' a county road of Jefferson
County, Washington, morepartlculariy
described as follows:
Carl Johnaon ROlid lying In
Goverment Lot 1# 1 Section 4; Township
27 North, Range 1 West of Jefferson
County, Washington,
The Franchise Appllcstlon Is lor a
period of twanty.flve (25) years,
The Board of County
Commissioners of Jefferson County,
State of Washington, has liKed
Monday, OctobQr03, 1994, allhe hour
01 11 :15 a,m. o'clock In tho Office 01
the County CommiSsioners, Jefferson
County Courthouse" Port Townsend,
Washlngtor., as the time and place lor
the hoarlng on said application, Such
hearing may be adjourned Irom time to
time by order of the Boord, Alter such
hearing the Boord will take such action
with referanceto Ihe application as the
Board sholl deem appropriate lor the
public Interesl,
DATED THIS 12th DAY OF Septem.
ber, 1994,
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Robert Hlnlon, Chairman
Richard E, Walt, Member
Glen Huntlngford, Member 1744 9.28
Affidavit of Publication
STATE OF WASHINGTON)
SS
COUNTY OF JEFFERSON}
FRANK W, GARRED, being sworn, says he is the publisher
of the Pon Townsend Jefferson County Leader. a weekly
newspaper which has been established. published in the
English language and circulated continuously as a weekly
newspaper in the lOwn of Pan Townsend in said County and
Stale, and for general circulation in said county for more
than six (6) months prior 1O the dale of the rlrst publication
oflhc Notice herelO attached. and that the said Port Townsend
Jefferson Counly LeuLJer was on the 27th day of June 1941
approved as a legal newspaper by the Superior Coun of said
Jefferson County and that annexed is a true copy of the
Resolution #l03-94
as it appeared in the rc~uJar nnd entire i."liue of said paper
itself not in a supplement thereof for a period of
~consecutivc \.1,'ecks, hcglnning on Ihe-2..l..s..t.-
dayof fieptpmher ,19~,andendinsol1lhc
-2..8J:.bdayor fieptemhpr ,I'M-, and
that said ncwspllpcrwu.'i rc~ularlydl5trihulCd to its5uhlCrih.
crs during all of this period. That the full ilfTwunl of
S-1.!l.9-.2..0..- hJS hccl1 paid in full. at the flue 0(S7 .RO
(57.0n fOf h.'g"lnotil."c.~ rcccivc"d clectrnnically, modem or
disk) per (,'olul11l1 i'H:I~;H:h il1,scrth,m. ,"
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SllIHinil",'d illld ~"nm In bdore me this 2 H t. h dayo(
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Nnl.uy I'uhlic ,Id for Ihe SI.1Ie or Wa.\hln~lnl1,
~ H'iidin~ at Pon Hadlock.
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
PO, Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary A. Rowe, P.E., Director
Robert G, Nesbitt, P.E., County Engineer
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TO:
SfP :] 0 1994
Dave Grove
Port Townsend Clerk-Treasurer
540 Water St.
Port Townsend, W A 98368
f"-~:.:: -.~ ...."
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.~.I fDI :r: ",',..,~:..;S D;::~-:- .
FROM:
K. Robert Henderson
ROW Permit Technician
Jefferson County Department of Public Works
SUBJ: Notice of Franchise Hearing:
DATE: October 03, 1994
Please post the enclosed "Notice of Hearing on Application for Franchise" in a conspicuous
place on the main bulletin board in City Hall and leave posted until October 03, 1994.
"
I, IJIN (~ A, 6iI.. 6v~ , so swear and affirm that on the J.i.". tJ;(jay of .1 IJI }- _
, 1994, I posted the above noted "Notice of Franchise Heanng" on the~d
~~;,;-;rO~
DavId rove
Clerk-Treasurer
City of Port Townsend
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
PO, Box 1220
Port Townsend, WA 98368
(206) 385.9160
Gary A. Rowe, P.E.. Director
Robert G, Nesbitt, P.E.. County Engineer
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TO:
James Espenson, Postmaster
United States Post Office
JEFFEH::jU,\ ,:;uu!\JT'
DIIRI.lC \f.'f"'~'."-- c',;::r"('
K. Robert Henderson
ROW Permit Technician
Jefferson County Department of Public Works
SUBJ: Notice of Franchise Hearing:
FROM:
DATE: October 03, 1994
Please post the enclosed "Notice of Hearing on Application for Franchise" in a conspicuous
place on the main bulletin board in the Post Office and leave posted until October 03, 1994.
I, James K. Espenson , so swear and affirm that on the...1Jl_dayof SeDtemb~r -
, 1994, I posted the above noted "Notice of Franchise Heanng" on the main bulletin board
ln10bby of the Port Townsend Post Office.
. J{(tr)1{l)f j.IJI/11&-~ ;/
Postmaster
U.S, Post Office
City of Port Townsend
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
P.O. Box 1220
Port Townsend. WA 98368
(206) 385-9160
Gary A Rowe. RE.. Direc/or
Robert G. Nesbitt. RE. County Engineer
Harriet Stay, Postmaster
United States Post Office
Quilcene W A 98376
K. Robert Henderson
ROW Permit Technician
Jefferson County Department of Public Works
SUBJ: Notice of Franchise Hearing:
TO:
FROM:
DATE: October OJ, 1994
"
Please post the enclosed "Notice of Hearing on Application for Franchise" in a conspicuous
place on the main bulletin board in the Post Office and leave posted until October 03, 1994.
I'~~~l:f ~ ,so swear and affirm that Ion the 1'9 day of ~~h-~l:
, 4, I posted tea ove noted "Notice of Franchise Heanrfg" on the mam u (etm board
~;;~ Pml Offire.
stmaster
U.S. Post Office
City of Port Townsend
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1820 Jefferson Street
P.O. Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary A Rowe, AE.. Director
Robert G. Nesbill, AE, County Engineer
TO:
Mary Gaboury
Jefferson County Auditor
K. Robert Henderson
ROW Permit Technician
Jefferson County Department of Public Works
SUBJ: Notice of Franchise Hearing:
FROM:
DATE: October 03, 1994
~ ~SE~ ~9U~ ~ W
S
Please post the enclosed "Notice of Hearing on Application for Franchise" in a conspicuous
place on the main bulletin board in the Courthouse and leave posted until October 03, 1994.
I, Mary E. Gaboury , so swear and affirm that on the19th day of September _
, 1994, I posted the above noted "Notice of Franchise Hearing" on the mam bulletin board
Inthe Courtho e.
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of:
Notice of Hearing on
Application for Franchise -
John Ingebretson, Applicant
x
RESOLUTION NO. 103-94
x
x
x
NOTICE IS HEREBY GIVEN that John Ingebretson has filed an application with the
Board of County Commissioners of Jefferson County, Washington, for a franchise to construct,
operate and maintain a pressurized single family 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, and along the rights of way of the county road of Jefferson
County, Washington, more particularly described as follows:
Carl Johnson Road lying in Goverment Lot #1 Section '-:, Township 27 North, Range
1 -~est of Jefferson County, Washington.
The Franchise Application is for a period of twenty-five (25) years.
The Board of County Commissioners of Jefferson County, State of Washington, has
fixed Monday, the 03rd October 1994, at the hour of 11:15 a.m. o'clock in the Office of the
County Commissioners, Jefferson County Courthouse, Port Townsend, Washington, as the
time and place for the hearing on said application. Such hearing may' be adjourned from time
to time by order of the Board. After such hearing the Board WIll take such action with
reference to the application as the Board shall deem appropriate for the public interest.
DATED THIS /;;2~ DAY OF ~~~ , 1994.
JEFFERSON UNTY
BOARD OF COMMISSIONERS
~J ~ a, ~ {JOPO_MJl.A-1_
~ elaney <f
Clerk of the Board
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