HomeMy WebLinkAbout2018/01/09 - Regular Packet BOARD OF MASON COUNTY COMMISSIONERS
DRAFT MEETING AGENDA
Commission Chambers — 9:00 a.m.
411 North Fifth Street, Shelton WA 98584
January 9, 2018
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Correspondence and Organizational Business
4.1 Correspondence
5. Open Forum for Citizen Input (5 minutes per person, 15 minutes time limit)
If you wish to address the Commission, raise your hand to be recognized by the Chair. When you
have been recognized, please step up to the microphone and give your name and address before
your comments.The Mason County Commission is committed to maintaining a meeting atmosphere
of mutual respect and speakers are encouraged to honor this principle.
6. Adoption of Agenda
Items appearing on the agenda after"Item 10. Public Hearings", may be acted upon before 9:30
a.m.
7. Approval of Minutes —January 2, 2018 Regular meeting minutes
8. Approval of Action Agenda: All items listed under the"Action Agenda"may be enacted
by one motion unless a Commissioner or citizen requests an item be removed from the
Action Agenda and considered as a separate item.
8.1 Approval of Warrants and Treasurer Electronic Remittances
Claims Clearing Fund Warrant #s 8053759-8054043 $ 718,035.06
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Approval of Treasurer Electronic Remittances 2017 $ 7,184,251.30
Total $ 7,902,286.36
8.2 Approval of the Resolution establishing load/lane limits for traffic control on
eight (8) Mason County Bridges.
8.3 Approval of the Interlocal Agreement (WSDOT Agreement No. GCB2480)
associated with WSDOT's Belfair Area Widening and Safety Improvement
project and authorize the Public Works Director to execute the agreement.
9. Other Business (Department Heads and Elected Officials)
10. 9:30 a.m. Public Hearings and Items Set for a Certain Time
10.1 Public Hearing to receive public comment on the Private Line Occupancy
Permit granting permission to run the water, septic transport lines, and
power under the North Shore Road for parcel 22218-14-00050.
Staff: Jerry Hauth/Loretta Swanson.
Agendas are subject to change,please contact the Commissioners'office for most recent version. This agenda was last
printed on 01/04/18 2:15 PM.
If special accommodations are needed,contact the Commissioners'office at ext.419,Shelton#360-427-9670;Belfair
#275-4467,Elma#482-5269.
MASON COUNTY COMMISSIONERS' MEETING AGENDA
January 9, 2018—PAGE 2
11. Board's Reports and Calendar
12. Adjournment
J:\AGENDAS\2018\2018-01-09 REG.doc
cjerL
MASON COUNTY
TO: BOARD OF MASON COUNTY COMMISSIONERS Reviewed:
FROM: Jennifer Giraides Ext. 380
DEPARTMENT: Support Services Action Agenda
DATE: January 9, 2018 No. 4.1
ITEM: Correspondence
4.1.1 Jeff Carey sent in an application for the TIP CAP Board.
4.1.2 Timberland Regional Library sent in Final 2018 Budget.
4.1.3 Sandy Tarzwell and Dan Ward sent in an application for Mason Transit
Authority Board.
4.1.4 Mason County Sheriff's Deputy Guild sent in letter about comments at the
December 19, 2017 Budget meeting.
4.1.5 Kathryn Haigh sent in application for the Mason County Housing Authority
Board.
Attachments: Originals on file with the Clerk of the Board.
cc:CM
Belfair 98528 Trails End E-MAIL
(OR AREA IN THE COUNTY YOU LIVE) jcarey.tipcap@gmail.com
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE)
(ACTIVITIES OR MEMBERSHIPS) COMPANY: Delta Systems, Inc. 35 Yrs. YRS
Victnr Cluh 1997-2917,AITn Cnmm Assoc-
1997-2015, North Mason Chamber of Treasurer,Admin. Logistics, Tech Su o
Commerce for several years around 2005 POSITION: 9 PP 4'�
Mason County Trails Advisory Committee Self Employed 5 Yrs.
2005 COMPANY: YRS
Mason County Allyn & Belfair UGA Consultant Work & Subcontractor Support
Committee 2015-16&TIPCAP 2015-2017 POSITION: PP
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In your words, what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying:
1)To pursue &achieve the objectives called out in the county's resolution 53.14 2) Seek out input from local
citizens & businesses to hopefully address their issues & concerns. 3)To identify road projects that would enhance
ecuriumic development fui the LJGA's& Masun County as whole. 4)To support TIP-CAP guidelines, pfuuebbeb and
bylaws that would allow TIP-CAP committee to address all projects in way that is transparent to all of Mason County
citizens.
What interests, skills do you wish to offer the Board, Committee, or Council?
1)Three years of tr2ining & knowlecige of TIP-CAP activities 9) 1 helped developed the Allyn I](-,A rnrlp & rpgq n\/Pr
a 11-12 year period. 3) 1 have a working knowledge of county development&zoning regs. related to Allyn & Belfair
UUAs. have a very comprehensive understanding oe roads and right ot ways In Allyn especially tne plat o
Allyn 13
Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board:
(i.e. create a potential conflict of interest)
Nene ---- -- -
Your participation is dependent upon attending certain trainings made available by the County during regular business hours
(such as Open Public Meetings Act and Public Records). The trainings would be at no cost to you. Would you be
able to attend such trainings? Yes Up to 3 Hrs
Realistically, how much time can you give to this position?
Quarterly Monthly X Weekly Daily
Office Use Only
Jeff Carey Appointment Date
Signature Dais
Term Expire Date
cc:CMMRS Neatherlin,Shutty&Drexler
Clerk
sss� r
Timberland Regional Library
Administrative Service Center
415 Tumwater Blvd. S.W.
Tumwater, WA 98501-5799
360-943-5001
December 27, 2017 RECEIVED
Clerk for the Board of County Commissioners 1/
Mason County, Washington DEC 29 2017
Attn: Melissa Drewry
411 N 5th St Mason County
Shelton WA 98584 Commissioners
Dear Ms. Drewry:
The Timberland Regional Library Board of Trustees certified a 2018 final budget with estimates of
the amounts to be raised by taxation on the assessed valuation of the property in the district. In
accordance with RCW 84.52.020, filing of the certified estimates with the clerk of the county
legislative authority is necessary.
The attachments supporting those actions are attached and include the following:
• Resolution#17-003, Adopting of 2018 Final Budget.
• Minutes of the Board of Trustees' December 28', 2017 meeting.
• Resolution#17-004, Certifying the tax levy amount,population and rate for the 2017 regular
property tax levy for 2018 collection.
• Resolution#17-005, Adopting the 2018 increase of the actual levy amount from 2017.
Thank you for your partnership with Timberland Regional Library.
Sin rely,
c owe 1
ance& Business Manager
Timberland Regional Library
360-704-4517
Timberland Regional
LIBRAt www.TRL.org
TIMBERLAND REGIONAL LIBRARY
INTERCOUNTY RURAL LIBRARY DISTRICT,WASHINGTON
RESOLUTION NUMBER 17-003
A RESOLUTION ADOPTING THE 2018 CALENDAR YEAR BUDGET
WHEREAS,the tax estimates and budget for the Timberland Regional Library have been
prepared and filed as provided by the laws of the State of Washington;and,
WHEREAS,a preliminary budget was prepared and printed for distribution at the October
25th,2017 public meeting held at the Timberland Regional Library Service Center;and,
WHEREAS,the Board of Trustees having held a public hearing on the preliminary budget
November 29th,2017 at the Timberland Regional Library Service Center,as required by law,and
having considered the public testimony presented;and now,therefore,
BE IT RESOLVED that the Board of Trustees of Timberland Regional Library adopts a 2018
calendar year budget in the amounts and for the purposes as shown below;and the following sums,
or so much thereof as shall be found necessary,are hereby appropriated out of any of the monies in
the several funds named:
Beginning Fund Ending Fund
Fund Balance Revenues Expenditures Balance
General Fund $ 9,523,398 $ 22,949,000 $ 22,901,760 $ 9,570,638
Building Fund $ 2,265,862 $ 510,200 $ 559,200 $ 2,216,862
Automated Circulation Fund $ 544,296 $ 6,000 $ 105,000 $ 445,296
Unemployment Fund $ 186,296 $ 61,385 $ 10,000 $ 237,681
Gift Fund $ 1,764,566 $ 57,000 $ 345,220 $ 1,476,346
Total All Funds $ 14,284,418 $ 23,583,585 $ 23,921,180 $ 13,946,823
Adopted this 201h day of December,2017.
TIMBERLAND REGIONAL LIBRARY
INTERCOUNTY RURAL LIBRARY DISTRICT,WASHINGTON
RESOLUTION NUMBER 17-004
A RESOLUTION CERTIFYING THE TAX LEVY AMOUNT AND TAX LEVY RATE AND POPULATION
FOR THE 2017 REGULAR PROPERTY TAX LEVY FOR 2018 COLLECTIONS
WHEREAS,RCW 27.12.150 requires the Board of Trustees of Timberland Regional Library
to determine the funds necessary for the maintenance of the library services for the district by
means of an annual tax levy on the property in the district of not more than fifty cents per thousand
dollars of assessed value per year;and,
WHEREAS,the property tax levy in the several counties of the Timberland Regional Library
district shall be compiled by the Board of Trustees of Timberland Regional Library to determine the
tax rate necessary;and,
WHEREAS,the determination shall be certified to the respective Boards of County
Commissioners; and,
WHEREAS,final assessed values are now available and a uniform property tax levy rate for
the Inter-county Rural Library District can now be established;and,
WHEREAS,the five county assessors within the Inter-county Rural Library District have
certified the total assessed value of property as shown by the completed tax rolls in accordance
with RCW 84.48.130;and now,therefore,
BE IT RESOLVED that the Board of Trustees of Timberland Regional Library certifies a
2017 regular property tax levy for 2018 collection in the five-county district of$20,982,464.60;
and,
BE IT FURTHER RESOLVED that the Board of Trustees of Timberland Regional Library,
certifies a 2017 uniform regular property tax levy rate of$0.382151 per thousand dollars of
assessed real and personal property valuation for collection in 2018;and,
BE IT FURTHER RESOLVED that the Board of Trustees of Timberland Regional Library,for
the purposes of calculating the highest allowable lawful levy,determines that the population of
Timberland Regional Library's taxing district is more than 10,000.
A this 20th ay of December 2017.
<- za�
ow
Department of
Revenue (CA Ordinance / Resolution No. 17-005
Washington State RCW 84.55.120
WHEREAS,the Board of Trustees of Timberland Regional Library has met and considered
(Governing body of the taxing district) (Name of the taxing district)
its budget for the calendar year 2018 ;and,
WHEREAS,the districts actual levy amount from the previous year was $ 20,541,018.04 ; and,
(Previous year's levy amount)
WHEREAS,the population of this district is ® more than or ❑ less than 10,000; and now,therefore,
(Check one)
BE IT RESOLVED by the governing body of the taxing district that an increase in the regular property tax levy
is hereby authorized for the levy to be collected in the 2018 tax year.
(Year of collection)
The dollar amount of the increase over the actual levy amount from the previous year shall be$ 63,312.66
which is a percentage increase of .308225 %from the previous year. This increase is exclusive of
(Percentage increase)
additional revenue resulting from new construction, improvements to property,newly constructed wind turbines,
solar, biomass,and geothermal facilities, and any increase in the value of state assessed property,any annexations
that have occurred and refunds made.
Ad ted this 20 day of December 2017
If additional signatures are necessary,please attach additional page.
This form or its equivalent must be submitted to your county assessor prior to their calculation of the property tax
levies.A certified budget/levy request, separate from this form is to be filed with the County Legislative Authority
no later than November 30`h. As required by RCW 84.52.020,that filing certifies the total amount to be levied by
the regular property tax levy.The Department of Revenue provides the"Levy Certification"form (REV 64 0100)
for this purpose. The form can be found at: http://dor.wa.pov/docs/forms/PropTx/Forms/LeyyCertf.doc.
To ask about the availability of this publication in an alternate format,please call 1-800-647-7706.Teletype(TTY)users may
use the Washington Relay Service by calling 711.For tax assistance,call(360)534-1400.
REV 64 0101e(w)(12/9/14)
cc:CMMRS Neatherlin,Shutty&Drexler
� Clerk b i a �J
♦ goy
RECEIVED MASON COUNTY COMMISSIONERS
411 NORTH FIFTH STREET
JAN 02 2018 SHELTON WA 98584
_ Mason County Fax 360-427-8437; Voice 360-427-9670, Ext. 419;275-4467 or 482-5269
U54 Commissioners
I AM SEEKING APPOINTMENT TO Mason Transit Authority Board
NAME: Sandy Tarzwell
ADDRESS: PHONE: 360
CITY/ZIP: VOTING PRECINCT: WORK PHONE:
Shelton 9858 236 Airport E-MAIL:
(OR AREA IN THE COUNTY YOU LNE)
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE)
,ACTIVITIES OR MEMBERSHIPS) COMPANY: TEI 26 YRS
Community Lifeline 1Gi�Uen
Shelton Rotary
Shelton School Board POSITION: VP
MTKBoara(prlor __.
COMPANY: Wal-mart 1 YRS
POSITION: Receiving clerk
--------------------------------------------------------------------------------------------
In your words,what do you perceive is the role or purpose of the Board, Committee or Council for which you are applying:
The role of the board is to set policy that will direct and focus efforts and resources to serve Mason County residents
better and more efficiently.
What interests, skills do you wish to offer the Board, Committee, or Council?
I am able to work well with others, and consider multiple approaches in developing solutions.
Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board:
(i.e. create a potential conflict of interest)
I do not foresee any potential conflicts of interest. However I am the caretaker of an aging family member. If she has
health challenges, my attendance could be effected.
Your participation is dependent upon attending certain trainings made available by the County during regular business hours
(such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be
able to attend such trainings? Yes
Realistically, how much time can you give to this position?
Quarterly t4& 4 Monthly Weekly Daily
Office Use Only
Sandy Tarzwell 12/29/17 Appointment Date
Signature Dalee
Term Expire Date
cc:CMMRS Neatherlin,Shutty&Drexler
Clerk
Mason County Sheriff's Deputy Guild
12/24/17 RECEIVED
Board of County Commissioners
411 N 5th St. JAN 0 2 2018
Shelton WA 98584
Mason County
Dear Commissioners: Commissioners
My name is Trevor Clark and I am the Mason County Deputy Sheriffs Guild President. My duty is to
represent the Sergeant's, Corporal's, and Deputies that work in the Patrol and Detective divisions.
I would like to respond to the comments that were made by Commissioner Terri Drexler of District 3 and
Commissioner Randy Neatherlin of District 1 during the budget meeting on December 19th 2017
between the on record times of 10:42 and 11:00. This letter is not intended to promote hostilities
towards the commission, but straighten out some comments made.
Commissioner Drexler, You stated, "Those contracts were not negotiated,they were arbitrated." This
statement is not true in regards to our most recent and current contract. You signed the contract on
June 23rd, 2015 without arbitration, let alone mediation. If the budget was inappropriately handled and
could not afford it,you should not have signed it. If you are referencing past arbitrations with the Guild,
I would implore you to support a positive future and not a negative past. Glaring into the past does not
support progression, but slows it to a crawl if a complete stop.
Commissioner Neatherlin,You stated that the community does not know the intimidation that has been
placed on you. You then move on to say, "having the Officers dressed up, loaded up on working time,
some of them,to make us, in my opinion, to be intimidating." When you start off with saying your
intimidated and then make a comment of how the Officers intimidate you being dressed up and loaded
up does more harm than good, as far as I can see there is no good that comes from it. Those statements
destroy all of the hard work that every single Deputy does each day to gain the support of the
community and citizens during these trying times. By trying times, I mean all the negativity society has
towards Police Officers. We do not see the Police being challenged, assaulted, shot, or even killed
within Mason County. This is because of the good hearted and hardworking Sergeant's, Corporal's and
Deputies of Mason County. I will not stand by and not say anything while you make comments that
tarnish that image.
I would like to close by reminding all the commissioners of the power and influence you have on our
community and to choose your words more wisely.
Sincerely,
Trevor Clark
MCSO G President
cc:CMMRS Neatherlin,Shutty&Drexler
Clerk)
RECEIVE®
PHONE:
CITY0F. VOTING PRECINCT: WORK PHONE: N/A
Shelton98584(OR AREA IN THE COUNTY YOU LIVE) IslandLake E-iViPIL:
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED. PREVIOUS EXPERIENCE)
(ACTIVITIES OR MEMBERSHIPS;
CTThe Patty Wagon 1.5
Shelton Rotary, 33years COMPANY: Y 9 YRS
Fire Commissioner, Mason County Fire POSITION. Medical Driver, Part-time
District 11, 19 years COMPANY: City of Shelton 31 YRS
Shelton Elks,42 years rOSiTiON. Fire Chief, Retired 2001
----------------------------------------------------------------------------------------------
In your words,what do you perceive is the role or purpose of the Board; Committee or Council for which you are applying:
The Board is responsible for governing the operations of the Transit Authority. The Board will generally be
responsible for the following areas: 1. Determining levels of service and establishing goals; 2. Determining level o
funding and annrnva hurinatr 3 Fsta
personnel and Manager; 5. Guiding strategic planning; 6. Representing theTransit Authority to the public.
What interests, skills do you wish to offer the Board, Committee, or Council?
I have lived in the Island Lake area for 44 years. I have 44 years of experience working with the public and dealing
with public problems.
Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board:
(i.e.create a potential conflict of interest)
None of which I am aware.
Your participation is dependent upon attending certain trainings made available by the County during regular business hours
(such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be
able to attend such trainings? Currently certified.
Realistically, how much time can you give to this position?
vQuaryerly Mon�-dy x 11Jzeld7 Daiij�
Office Use Only
em' C ��a,,J 12/26/17 Appointment Date
SigrstILrE
Term Expire Date
-:CMMRS Neatherlin,Shutty&Drexler
Clerk
coa �
yaA. p /yy�� iC3n MASON COUNTY COMMISSIONERS
R E C E I Y E U 411 NORTH FIFTH STREET
SHELTON WA 98584
- _- JAN 0 31018 Fax 360-427-8437; Voice 360-427-9670, Ext. 499;275-4467 or 482-5269
1854 Mason Coun
ommissio I
I AM SEEKING APPOINTMENT TO :s� C 0 U
NAME: 777a
ADDRESS: b p q A0,--- PHONE:
CITY/ZIP: VOTING PRE INCT: Tl7i11 Y-P{ WORK PHONE:
(OR AREA IN THE COUNTY YOU LIVE) E-MAIL:
-------------------------------------------------------------------------------------------
COMMUNITY SERVICE EMPLOYMENT: (IF RETIRED, PREVIOUS EXPERIENCE) 1,
(ACTIVITIES qR MEMBERS S) f COMPANY: l-f d,i��� V�fZ7i'>7G3'1'L /�9�'9 (YRS 'Z`
POSITION: 11
COMPANY: cSkle��f2'�'�h fi r/P YRS 1
POSITION:
--------------------------------------------------------------------------------------------
In your words, what do you perceive is the role or purpose of the Board, Committee orCouncilfor which you are applying:
I Dt n�'(G►P
a- ( __Brr. } N dy r- L Bm
What interests, skills do you wish to offer the Board, Committee, or Council?
Please list any financial, professional, or voluntary affiliations which may influence or affect your position on this Board:
(i.e. create a potential conflict of interest)
Your participation is dependent upon attending certain trainings made available by the County during regular business hours
(such as Open Public Meetings Act and Public Records).The trainings would be at no cost to you.Would you be
able to attend such trainings?
Realistically, how much time can ypu-givelpthis position?p
Quarterly thl Weekly Daily
Q� Office Use Only
ZJ Appointment Date
Signature
Term Expire Date
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers, 411 North Sth Street, Shelton, WA
JANUARY 2, 2018
1. Call to Order—The Chairperson called the regular meeting to order at 9:00 a.m.
2. Pledge of Allegiance—Charles Orthmann led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin
Shutty; Commissioner District 3—Terri Drexler.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Deborah Petersen, Wes Martin and Casey Breeze sent in applications for the Mason
County Transit Authority Board.
4.1.2 Phil Wolff and Mark Carlson sent in applications for the TIP CAP Board.
4.1.3 Jamie Bariekman and Brian Smith sent in applications for the Planning Advisory
Commission.
4.1.4 Washington State Liquor and Cannabis Board sent applications for The Girls Cafe 2440 N.
Lake Cushman Rd., Hoodsport; Summit Pacific Medical Foundation 600 East Main St,
Elma, and North Mason Senior Grad Night P.O. Box 3281, Belfair.
4.1.5 Vicki Wilson sent her resignation from the Planning Advisory Commission.
4.1.6 Tamara Cowles sent in application for the Noxious Weed Control Board.
4.2 Selection of 2018 Chair and Vice Chair
Cmmr. Drexler/Shutty nominated Cmmr. Randy Neatherlin to serve as the 2018
Chair. Motion carried unanimously. N-aye; S-aye; D-aye.
Cmmr. Neatherlin/Shutty nominated Cmmr. Terri Drexler to serve as the 2018 Vice-
Chair. Motion carried unanimously. N-aye; S-aye; D-aye.
5. Open Forum for Citizen Input—
5.1 Jerry Ekenrode, IFiber KMAS News, invited the Commissioners, elected officials and department
heads to participate on the Day Break Show to update the community on the departments
revised service levels.
5.2 Charles Orthmann reviewed 2017 events.
6. Adoption of Agenda - Cmmr. Shutty/Drexler moved and seconded to adopt the agenda as
published. Motion carried unanimously. N-aye; S-aye; D-aye.
7. Approval of Minutes— December 18, 2017 Briefing Minutes; November 28, 2017 and December 19,
2017 Regular meeting minutes.
Cmmr. Drexler/Shutty moved and seconded to approve the December 18, 2017 Briefing
Minutes; November 28, 2017 and December 19, 2017 Regular meeting minutes. Motion
carried unanimously. N-aye; S-aye; D-aye.
8. Approval of Action Agenda:
8.1 Approval of Warrants
Claims Clearing Fund Warrant #s 8053299-8053758 $ 1,255,625.48
Direct Deposit Fund Warrant #s 46434-46808 $ 649,136.44
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
January 2, 2018 - PAGE 2
Salary Clearing Fund Warrant #s 7003297-7003328 $ 490,900.22
Total $ 2,395,662.14
8.2 Approval of the Hearings Examiner recommendation to approve Road Vacation Number 395,
vacating a portion of E. Mason Lake Drive West.
8.3 Approval to extend the contract with Bella Casa Cleaning Services to December 31, 2018 for
janitorial services for County Facilities. The annual amount is not to exceed $95,000 unless
modified pursuant to the contract.
8.4 Approval of the 2018 Long Range Planning Work Program.
Item 8.4 was removed from the agenda for further discussion.
Cmmr. Drexler/Shutty moved and seconded to approve action items 8.1 through 8.3. Motion
carried unanimously. N-aye; S-aye; D-aye.
Paula Reeves presented the 2018 Long Range Planning Work Program.
Ken VanBuskirk questioned the Public Benefit Rating System (PBRS) that was on the Comp Plan update
and was removed. The Planning Advisory Commission held a public hearing on September 18 and Paula
stated the only public comments received were from Ken. The hearing was continued to October 16 but
was pulled off the agenda because the Commissioners wanted more information on this process. The
PAC did discuss the PBRS at their November 20 meeting.
Ken VanBuskirk provided a copy of his comments he submitted at the September 18 PAC meeting
regarding the PBRS. His concerns are that this is being brought back to the PAC too soon and Ken
believes the PAC Chair is bias on this matter and that he has already made up his mind. Ken believes the
current method is working but the Assessor needs to enforce. He noted the County looked at the public
benefit rating system 10 years ago and didn't adopt. He suggested the Board establish an advisory
committee made up of the timber, ag and open space community to establish criteria and to not use
boiler plate criteria. Ken wants to be involved in the process.
Cmmr. Shutty/Drexler moved and seconded to approve the 2018 Long Range Planning Work
Program. Motion carried unanimously. N-aye; S-aye; D-aye.
The Commissioners agreed the PBRS needs public outreach and it needs to be very clear when a tax
break is given for public benefit.
9. Other Business (Department Heads and Elected Officials)
Dave Windom stated software was approved to purchase that will allow on-line permitting for certain
building permits which will streamline the process.
10. 9:30 a.m. Public Hearings and Items set for a certain time— No hearings.
11. Board's Reports and Calendar -The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 9:30 a.m.
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
January 2, 2018 - PAGE 3
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
Melissa Drewry, Clerk of the Board Randy Neatherlin, Chair 4*4
Terri Drexler, Commissioner
Kevin Shutty, Commissioner
cei��
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jennifer Giraldes Action Agenda _X_
Public Hearing
Other
DEPARTMENT: Support Services EXT: _380_
DATE: January 9, 2018 Agenda Item # 8
Commissioner staff to complete)
BRIEFING DATE:
BRIEFING PRESENTED BY:
[X] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM:
Approval of Warrants &Treasurer Electronic Remittances
Claims Clearing Fund Warrant #s 8053759-8054043 $ 718,035.06
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Approval of Treasurer Electronic Remittances 2017;
Macecom 12/5/17 $ 110,422.38
Mental Health 12/8/17 $ 14,276.22
Treasurer M &O 12/8/17 $ 5,600.00
Landfill 12/12/17 $ 95,264.00
Sewer Utility-North Bay 12/12/17 $ 43,072.00
Beards Cove 12/12/17 $ 10,931.00
Information Technology 12/13/17 $ 48,106.00
Storm Drainage System 12/13/17 $ 637.00
Rustlewood S &W Operations 12/13/17 $ 15,832.00
Belfair Wastewater &Water 12/13/17 $ 26,707.00
Rustlewood Bond Principal &Interest Series A & B 12/29/17 $ 35,398.00
Family Law Facilitator 12/27/17 $ 1,000.00
Superior Court 12/27/17 $ 1,000.00
Professional Services/Banking Fees 12/13/17 $ 600.00
General Fund 12/5/17 $ 294,909.00
Information Technology 12/5/17 $ 294,909.00
General Fund 12/5/17 $ 5,859.00
Trial Court 12/5/17 $ 5,859.00
Mason County Public Works Local Bd-Interest 12/1/17 $ 193,100.00
Mason County LTGO '08 Principal &Interest 12/1/17 $ 190,000.00
2013 LTGO Bond A& B Principal &Interest 12/1/17 $ 249,718.43
Mason County 2011 BWWR Principal &Interest 12/1/17 $ 316,270.63
Voip Interest 12/1/17 $ 4,467.34
Lodging Tax 12/5/17 $ 10,000.00
Current Expense 12/5/17 $ 10,000.00
Landfill-IT Computers & Phones 12/14/17 $ 10,333.00
North Bay/Case Inlet IT Computers & Phones 12/14/17 $ 4,484.00
Beards Cove Water IT Computers & Phones 12/14/1712/14/17 $ 779.00
Belfair WW &Water Rec. IT Computers & Phones 12/14/17 $ 2,730.00
Equipment Rental &Revolving IT Computers & Phones 12/14/17 $ 28,794.00
Rustlewood S &W IT Computers & Phones 12/14/17 $ 1,170.00
County Road IT Computers & Phones 12/14/17 $ 91,853.00
County Road GIS IT Computers & Phones 12/14/17 $ 11,521.00
Public Health Administration, Nursing & Health 12/19/17 $ 37,905.48
Community Support Services 12/19/17 $ 6,434.00
Mental Health 12/19/17 $ 8,397.00
Public Health IT Computers & Phones 12/19/17 $ 57,892.00
Reet 2 12/28/17 $ 20,000.00
Belfair Sewer 12/28/17 $ 20,000.00
Landfill Hoodsport increase petty cash 12/28/17 $ 200.00
Mental Health Transfer Out/ Juvenile Probation 12/28/17 $ 11,184.93
Mental Health Transfer Out/ Prosecutor 12/28/17 $ 11,291.55
Public Health Admin Fees/ Health 12/28/17 $ 40,000.00
Mental Health Transfer Out/Therapeutic Court 12/28/17 $ 56,466.34
Health Admin Fees Transfer Out/ Health 12/28/17 $ 15,000.00
North Bay/Case Inlet Bond Insurance 12/29/17 $ 12,086.39
North Bay/Case Inlet Bond Insurance Discount 12/29/17 $ 18,576.25
North Bay/Case Inlet S & P Insurance Cost 12/29/17 $ 12,000.00
North Bay/Case Inlet NW Muni Advisors 12/29/17 $ 16,016.69
North Bay/Case Inlet Foster Pepper Cost 12/29/17 $ 14,293.75
North Bay/Case Inlet Debit Insurance Cost 12/29/17 $ 5,852.42
North Bay/Case Inlet Principal Payoff 12/28/17 $ 4,312,355.57
North Bay/Case Inlet Interest Payoff 12/28/17 $ 169,481.48
Veterans Assistance Indirect Charge 12/29/17 $ 12,009.00
Non-Departmental Current Expense 12/29/17 $ 12,009.00
Total $ 7,902,286.36
Background: The Board approved Resolution No. 80-00 Payment of Claims against County:
Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason
County Code 3.32.060(a) requires that the board enter into the minutes of the County
Commissioners the approval of claims listing warrant numbers.
Claims Clearing YTD Total $ 1,973,659.54
Direct Deposit YTD Total $ 649,136.44
Salary Clearing YTD Total $ 490,900.22
Approval of Treasurer Electronic Remittances 2017 YTD Total $ 13,462,720.91
RECOMMENDED ACTION:
Approval to: Move to approve the following warrants:
Claims Clearing Fund Warrant #s 8053759-8054043 $ 718,035.06
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Approval of Treasurer Electronic Remittances 2017 Total $ 7,184,251.30
Attachment(s): Originals on file with Auditor/Financial Services (Copies on file with Clerk of
the Board)
N'
14 Co Office of the Treasurer
411 N. 5th, Bldg.
'w P.O. Box 429
Shelton, Washington 98584-0429
Ast (360) 427-9670, ext. 475 • Fax (360) 427-7267
Belfair (360) 275-4467 • Elma (360) 482-5269
$ Elisabeth (Lisa) Frazier, Treasurer
12/5/2017 ��;��u ,�5► •�XJ
Payment approval of Macecom: �--� l�'["� 13)Q 2)71 21),q I
Y pp w.
Account
FUND - .# Remittance RECEIPT #
Macecom 001:000000.300.300 $ 110,422.38 M-39976
$ -
12/8/2017
Payment approval of Mental Health:
Account
FUND # Remittance RECEIPT #
MENTAL HEALTH 164.000000.000.000 $ 14,276.22 M-40092
$ - M-
Payment Approval of Indirect Charges:
12/8/2017
Account
FUND # Remittance-1WM-40132
Indirect Charges Treasurer M & O 180.000000.000.000 $ 1,600.00
Indirect Charges Treasurer M & O 180.000000.000.000 $ 4,000.00
$
12/12/2017
Account
FUND # Remittance RECEIPT #
Indirect Charges Landfill 402.000000.000.000 $ 65,981.00 M-40198
Indirect Charges Landfill 402.000000.000.000 $ 29,283.00 M-40198
M-
12/12/2017
Account
FUND # Remittance RECEIPT #
Indirect Charges Sewer Utility-North Bay 403.000000.100.020 $ 30,364.00 M-40199
Indirect Charges Sewer Utility-North Bay 403.000000.100.020 $ 12,708.00 M-40199
Account
FUND # Remittance RECEIPT #
Indirect Charges BEARDS COVE 412.000000.200.000 $ 8,721.00 M-40200
Indirect Charges BEARDS COVE 412.000000.200.000 $ 2,210.00 M-40200
$ - M-
12/13/2017
Account
FUND # Remittance RECEIPT #
Indirect Charges Information Technology 500.000000.000.000 $$ 48,106-00 M-40205
M-
$ - M-
12/13/2017
Account
FUND # Remittance RECEIPT #
Indirect Charges Storm Drainage System 480.000000.000.000 $$ 637.00 M-40207
M-
$ - M
12/13/2017
Account
FUND # Pay Bonds Remittance RECEIPT #
Rustlewood S & W Operations 411.000000.100.000 $ 4,428.00 M-40204
Rustlewood S & W Operations 411.000000.100.000 $ 1,658.00 M-40204
Rustlewood S &W Operations 411.000000.200.000 $ 8,088.00 M-40204
Rustlewood S &W Operations 411.000000.200.000 $ 1,658.00 M-40204
_5F3 3'� .
1 2/1 31201 7
Account
FUND # Remittance RECEIPT #
EBel!airWastewater &Water 413.000000.000.000 $ 18,972.00 M-40209
Wastewater
Belfair Wastewater & Water 413.000000.000.000 $ 7,735.00 M-40209
M-
29-Dec-17
Account
FUND # Remittance RECEIPT #
Rustlewood Bond Princ Series A O� 411.000000.100.010 $ 6,018.39 M-40646
Rustlewood Bond Int Series A 411.000000.100.010 $ 15,288.61 M-40646
Rustlewood Bond Princ Series B 411.000000.100.010 $ 3,606.16 M-40646
Rustlewood Bond Int Series B 411.0000.00.100.010 $ 10,484.84 M-40646
35 3GQ
27-Dec-17
Account
FUND # Remiittance RECEIPT #
Family Law Facilitator Budgeted Trsfr 138.000000.000.000 $ 1,000.00 M-40555
Current Exp-Superior Court 001.000000.250.000 $1,000.00 M-40556
13-Dec-17
Account
FUND # Remittance RECEIPT #
Professional Services/Banking Fees 001.000000.260.000 $ 600.00 M-40220
Professional Services/Banking Fees $ - M-
5-Dec-17
Account
FUND # Remiittance RECEIPT #
General Fund 00001.000000.310.000 $ 294,909.00 M-39978
Information Technology 500. 0000.000.000 $294,909.00 M-39978
5-Dec-17
Account
FUND # Remiittance RECEIPT #
General Fund 001.000000.310.000 $ 5,859.00 M-39980
Trial Court Improvemnets 135.000000.000.000 $5,859.00 M-39981
1-Dec-17
Account
FUND # Pay Bonds Remittance RECEIPT #
Mason Co Public Wks Local Bd-Principal 205.000000.000.000 $ - M-
Mason Co Public Wks local Bd-Interest 205.000000.000.000 $ 193,100.00 M-39916
$ - !M-
Account
FUND # Remittance RECEIPT #
Mason Co LTGO '08 Principal 250.000000.000.000 $ 190,000.00 M-39916
Mason Co LTGO '08 Interest $ 45,255.63 M-39916
$ - M-
$ - M-
Account
FUND # Remittance RECEIPT #
2013 LTGO Bond A Principal 215.000000.000.000 $ 135,000.00 M-39916
2013 LTGO Bond A Interest 215.000000.000.000 $ 3,450.00 M-39916
2013 LTGO Bond B Principal 215.000000.000.000 $ 75,000.00 M-39916
2013 LTGO Bond B Interest 215.000000.000.000 $ 36,268.43 M-39916
aur ��1
Account
FUND # Remittance RECEIPT #
Mason County 2011 BVR-Principal 413.000000.000.000 $ 250,000.00 M-39916
W11
16
Mason County 2011 BVW q, �U
-Interest 413.000000.000.000 $ 66,270.63 M-39916
31 .�
Account
FUND # Remittance RECEIPT #
Voip Principal
119.000000.000.000 $ M-
Voip Interest 119.000000.000.000 $ 4,467.34 M-39916
5-Dec-17
Account
FUND # Remiittance RECEIPT #
Lodging Tax 163.000000.000.000 $ 10,000.00 M-39984
001.000000.300.310 $10,000.00 M-39984
Current Expense
14-Dec-17
Account
FUND # Remiittance RECEIPT #
402.000000.000.000 $ 9,160.00 M-40242
Landfill-IT Computers 1,173.00 M 40242
Landfill-IT Phones 402.000000.000.000 $
1 ,333
14-Dec-17
Account
FUND # Remiittance RECEIPT #
North Bay/Case Inlet-IT Computers 403.000000.100.020 $ 3,975.00 M-40290
(North Bay/Case Inlet-IT Phones 403.000000.100.020 $509.00 M-40290
� + i
14-Dec-17
Account
FUND # Remiittance RECEIPT #
Beards Cove Water-IT Computers 412.000000.200.000 $ 691.00 M-40292
Beards Cove Water-IT Phones 412.000000.200.000 $88.00 M-40292
14-Dec-17
Account
FUND # Remiittance RECEIPT #
Belfair WW & Water Rec -IT Computers 413.000000.000.000 $ 2,420.00 M-40295
Belfair WW&Water Rec-IT Phones 413.000000.000.000 $310.00 M-40295
14-Dec-17
Account
FUND # Remiittance RECEIPT #
Equipment Rental & Revolving -IT Computed 501.000000.000.000 $ 21,272.00 M-40297
Equipment Rental & Revolving-IT Phones 501.000000.000.000 $7,522.00 M-40297
21� Lj
14-Dec-17
Account
FUND # Remittance RECEIPT # no
Rustlewood S & W IT COMP 411.000000.100.000 $ 519.00 M-40301
Rustlewood S & W IT COMP 411.000000.200.000 $ 519.00 M-40301
Rustlewood S & W IT PHONES 411.000000.100.000 $ 66.00 1 M-40301
Rustlewood S & W IT PHONES 411.000000.200.000 $ 66.00 M-40301
14-Dec-17
Account
FUND # Remittance RECEIPT # G\\
County Road- IT COMPUTER 105.000000.000.000 $ 22,487.00 M-40303
County Road- IT COMPUTER 105.000000.000.000 $ 58,968.00 M-40303
County Road- IT Phones 105.000000.000.000 $ 1,991.00 M-40303
County Road- IT Phones 105.000000.000.000 $ 8,407.00 M-40303
County Road GIS- IT Computer 105.000000.000.100 $ 10,636.00 M-40303
County Road GIS- IT Phones 1105.000000.000.100 $ 885.00 M-40303
19-Dec-17
Account
FUND # Remittance RECEIPT #
Public Health/Administration 150.000000.100.000 $ 10,285.23 M-40379
Public Health/Nursing 150.000000.200.000 $ 12,371.52 M-40379
Public Health/Environmental Health 150.000000.300.000 $ 15,248.73 M-40379
$ - M-
3�1
19-Dec-17
Account
FUND # Remiittance RECEIPT #
Community Support Services 117.000000.000.200 $ 6,434.00 M-40382
$0.00 M-
19-Dec-17
Account
FUND # Remiittance RECEIPT #
Mental Health 164.000000.100.000 $ 8,397.00 M-40385
$0.00 M-
19-Dec-17
Account
FUND # Remiittance RECEIPT #
Public Health-IT Computers 150.000000.100.000 $ 48,422.00 M-40386
Public Health-IT Phones 150.000000.100.000 $9,470.00 M-40386
�1, a42
28-Dec-17
Account
FUND # Remiittance RECEIPT #
Reet 2-Budgeted Transfer 351.000000.000.000 $ 20,000.00 M-40592
Belfair Sewer 413.000000.000.000 $20,000.00 M-40593
28-Dec-17
Account
FUND # Remiittance RECEIPT #
Landfill-Hoodsport increase petty cash 402.000000.000.000 $ 200.00 M-40594
$0.00 M-
28-Dec-17
Account
FUND # Remiittance RECEIPT #
Mental Health Transfer Out 164.000000.100.000 $ 11,184.93 M-40600
Juvenile Probation 001.000000.170.220 $11,184.93 M-40603
28-Dec-17
Account
FUND # Remiittance RECEIPT #
Mental Health Transfer Out164.000000.100.000 $ 11,291.55 M-40607
Prosecutor 001.00000.180.164 $11,291.55 M-40611
28-Dec-17
Account
FUND # Remiittance RECEIPT #
Public Health ADMIN FEES164.000000.100.000 $ 40,000.00 M-40619
Health 150.000000.100.000 $40,000.00 M-40622
28-Dec-17
Account
FUND # Remiittance RECEIPT #
Mental Health Transfer Out 164.000000.100.000 $ 56,466.34 M-40624
Therapeutic Court 001.000000.256.100 $56,466.34 M-40625
28-Dec-17
Account
FUND # Remiittance RECEIPT #
Health- ADMIN FEES 117.000000.000.200 $ 15,000.00 M-40627
Health 150.000000.100.000 $15,000.00 M-40628
29-Dec-17
Account
FUND # Remittance RECEIPT #
N. Bay/Case Inlet Bond Insurance 403.000000.100.020 $ 12,086.39 M40549
N. Bay/Case Inlet Bond Issuance Discount 403.000000.100.020 $ 18,576.25 M40549
N. Bay/Case Inlet S & P Issuance Cost 403.000000.100.020 $ 12,000.00 M-40612
N. Bay/Case Inlet NW Muni Advisors 403.000000.100.020 $ 16,016.69 M-40612
N. Bay/Case Inlet Foster Pepper Costs 403.000000.100.020 $ 14,293.75 M-40612
N. Bay/Case Inlet Debt Issuance Cost 403.000000.100.020 $ 5,852.42 M40626
$ -
28-Dec-17
Account
FUND # Remiittance RECEIPT #
North Bay/Case Inlet Principal Payoff 403.000000.100.020 $ 4,312,355.57 M-40584
North Bay/Case Inlet Interest Payoff 403.000000.100.020 $169,481.48 M-40584
29-Dec-17
Account
FUND # Remiittance RECEIPT #
Veterans Assistance-Indirect Charge 190.000000.000.000 $ 12,009.00 M-40659
Non-Departmental Current Expense 001.000000.300.310 $12,009.00 M-40659
Respectfully submitted by: Julie Richert, Chief Deputy Treasurer ��� 12/29/2017
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: John Huestis, Deputy Director/County Engineer Action Agenda
DEPARTMENT: Public Works EXT: 450
DATE: January 9, 2018 Agenda Item # q
BRIEFING DATE: January 2, 2018
BRIEFING PRESENTED BY: John Huestis
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Bridge Limit Resolution
BACKGROUND: Annually, the County Engineer reports the current status of
all county bridges to the Board of Mason County Commissioners, as a
requirement of Washington Administrative Code (WAC) 136-20-060, and
recommends the Board update the Resolution on Bridge Limits.
An inspection of the 64 bridges in Mason County has been completed. It has
been determined that bridges 1 through 3 need to be posted with maximum load
limits and 4 through 8 as one lane travel bridges.
1. Rossmaier Bridge (Bridge #008000059, on the Deckerville Road)
2. Stretch Island Bridge (Bridge #645000015, on the E Eckert Road)
3 Evers Bridge (Bridge #901002328, on the Matlock Brady Road)
4. Hliboki Bridge (Bridge #102900035, on the Bulb Farm Road)
5. Gosnell Creek Bridge (Bridge #105100023, on the Bolling Road)
6. Eich Rd. 1 Bridge (Bridge #110700015, on the Eich Road)
7. Eich Bridge (Bridge #110700026, also on the Eich Road)
8. Carlson Bridge (Bridge #016500405, on Beeville Road)
RECOMMENDED ACTION: Recommend the Board approve, the Resolution
establishing load/lane limits for traffic control on eight (8) Mason County bridges.
Attachment: Resolution
RESOLUTION NO. -18
BRIDGE LIMITS
WHEREAS,RCW 36.75.270 gives the Board of Mason County Commissioners the authority by resolution
to limit or prohibit classes or types of vehicles on any county bridge and may limit the weight of vehicles which may
travel thereon.
WHEREAS,In compliance with the requirements of the Federal Highway Administration's National
Bridge Inspection Standards(NBIS)for specialized haul vehicle regulations,updated bridge load rating have been
completed as required;and
WHEREAS,load ratings have determined that three(3)of Mason County's sixty-four(64)bridges shall be
posted with a maximum load limits,and
WHEREAS,five(5)of Mason County's Sixty-four(64)bridges shall continue to be posted as one lane.
NOW,THEREFORE,BE IT RESOLVED,that these restrictions be posted,as listed below,for the 2018
calendar year,unless the Board shall modify or remove such restrictions based upon the recommendation of the
County Engineer.
Max No.of Maximum
Bridee No. Bridee Name Load Limit Lanes Speed Limit
008000059 Rossmaier Bridge Type Limit 2 -----
W Deckerville Rd 3 21 Tons
3S2 33 Tons
3-3 41 Tons
SU4 19 Tons
SU5 20 Tons
SU6 21 Tons
SU7 21 Tons
645000015 Stretch Island Bridge Type Limit 2 -----
E Eckert Rd SU4 23 Tons
SUS 24 Tons
SU6 25 Tons
SU7 28 Tons
901002328 Evers Bridge Type Limit 2 --
Matlock Brady Rd SUS 29 Tons
SU6 30 Tons
SU7 32 Tons
102900035 Hliboki Bridge --- 1 —
Bulb Farm Rd.
105100023 Gosnel Creek Bridge ---
Bolling Road
110700015 Eich Road(1)Bridge --- 1 —
Eich Road
110700026 Eich Bridge ----
Eich Road
016500405 Carlson Bridge --- 1 --
Beeville Road
NOW,THEREFORE,BE IT FURTHER RESOLVED,that the County Engineer shall post the said
bridges as set forth herein. Violation of these limits shall constitute a misdemeanor in accordance with
RCW 36.75.270.
DATED this_day of 2018.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
RANDY NEATHERI-IN,Chair
TERRI DRENLER,Vice Chair
MELISSA DREWRY,Clerk of the Board
APPROVED AS TO FORM: KEVIN SHUTI'Y,Commissioner
TIM WHITEHEAD,Ch DPA
oc: Public Works
Sheriff
Prosecutor
Publ.:1 Time: II/tVA(Bill: Mason County Dept.of Public Works)
MASON COUNTY
AGENDA ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: Jerry W. Hauth, Director Action Agenda
DEPARTMENT: Public Works EXT: 450
DATE: January 9, 2018 Agenda Item #
BRIEFING DATE: October 31, 2016, January 9, 2017, March 13, 2017
August 14 2017 and January 2 2018
BRIEFING PRESENTED BY: John Huestis and Sarah Grice
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Interlocal Agreement with Washington State Department of
Transportation (WSDOT)
BACKGROUND: Mason County Board of Commissioners have requested, as part
of the WSDOT Belfair Area Widening and Safety Improvement project, WSDOT
install two (2) electronic speed radar signs, three (3) pairs of flashing crosswalk
beacon signs along SR3.
The Board and WSDOT have agreed that the installation of these facilities are
beneficial to encourage vehicle traffic to slow down, due to the area's heavy
pedestrian traffic.
WSDOT will install and maintain these facilities with the agreement that the County
will contribute a maximum of $21,000 for the associated costs.
BUDGET:
The County will contribute a maximum of $21,000 for the installation and materials
cost for the facilities.
RECOMMENDED ACTION: Recommending the Board approve the Interlocal
Agreement (WSDOT Agreement No. GCB2480) associated with WSDOT's Belfair
Area Widening and Safety Improvement project and authorize the Public Works
Director to execute the agreement.
Attachments: Agreement
GCB 2480
INTERLOCAL AGREEMENT
BETWEEN WSDOT AND MASON COUNTY
This Agreement is made and entered into between the Washington State Department of Transportation
(WSDOT) and Mason County, a political subdivision of the state of Washington, Public Works located
at 100 W Public Works Drive, Shelton WA 98584-9714 (COUNTY).
WHEREAS, WSDOT proposes to construct widening and safety improvements on State Route 3 in the
Belfair area, hereinafter the 'PROJECT." and
WHEREAS, the COUNTY has requested and WSDOT has agreed to install two electronic speed radar
signs and three pairs of flashing crosswalk beacon signs with the associated wiring, conduit, junction
boxes and foundations, hereinafter the "FACILITIES." and
WHEREAS, the COUNTY agrees to contribute a maximum of Twenty-One Thousand and No/100
Dollars ($21.000.00) toward the costs of the FACILITIES.
NOW, THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated herein as if
fully set forth below, and in consideration of the terms, conditions, covenants, and performances
contained herein, and the attached Exhibits A and B which are incorporated and made part hereof.
IT IS MUTUALLY AGREED AS FOLLOWS:
1. WSDOT RESPONSIBILITIES
1.1 WSDOT will provide for the installation of two electronic speed radar signs and three pairs of
flashing crosswalk beacon signs, with the associated wiring, conduit. junction boxes and
foundations as part of the PROJECT as detailed in Exhibit B.
1.2 WSDOT will perform maintenance and operation of the FACILITIES at WSDOT expense.
2. PAYMENT
2.1 The COUNTY agrees to contribute a maximum amount of Twenty-One Thousand and No/100
Dollars ($21000.00) toward the installation of the FACILITIES, as identified in Section 1.1 and
as shown in Exhibit A.
2.2 After installation of the FACILITIES.WSDOT shall invoice the COUNTY for the lump sum
payment of Twenty-One Thousand and No/100 Dollars ($21,000.00). The COUNTY agrees to
make payment within thirty (30) calendar days from the invoice date. Payment shall be mailed to
the address listed on WSDOT invoice.
3. PARTY REPRESENTATIVES
WSDOT's project manager shall be: The COUNTY representative. acting as the
COUNTY project coordinator for WSDOT's
Michele Britton, P.E. Project, shall be:
Port Orchard Project Engineer
8293 Spring Creek Road SE Jerry Hauth
Port Orchard, WA 98367-8192 Public Works Director
(360) 874-3000 100 W Public Works DR
Shelton, WA 98584-9714
(360) 427-9670 Ext 453
GCB 2480
Page 1 of 3
4. MODIFICATION
No modification of this Agreement is valid unless evidenced in writing by an amendment to this
Agreement and signed by both Parties. No verbal agreement may supersede, replace or
amend this Agreement.
5. ASSIGNMENT
Neither Party to this Agreement shall transfer or assign any right or obligation hereunder without
the prior written consent of the other Party.
6. SEVERABILITY
Should any section, term or provision of this Agreement be determined to be invalid, the
remainder of this Agreement shall not be affected and the same shall continue in full force and
effect.
7. DISPUTES
7.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to
this Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy.
To this end; following the dispute resolution process in Sections 7.1.A through 7.1.D shall be a
prerequisite to the filing of any litigation concerning any dispute between the Parties:
A The Representatives designated in this Agreement shall use their best efforts to resolve
disputes and issues arising out of, or related to this Agreement. The Representatives
shall communicate regularly to discuss the status of the tasks to be performed
hereunder and to resolve any disputes or issues related to the successful performance
of this Agreement. The Representatives shall cooperate in providing staff support to
facilitate the performance of this Agreement and the resolution of any disputes or issues
arising during the term of this Agreement.
B. A Party's Representative shall notify the other Party in writing of any dispute or issue
that the Representative believes may require formal resolution according to Section
7.1.D. The Representatives shall meet within five (5) working days of receiving the
written notice and attempt to resolve the dispute.
C. In the event the Representatives cannot resolve the dispute or issue, the Public Works
Director of the COUNTY, and WSDOT Regional Administrator or their respective
designees shall meet and engage in good faith negotiations to resolve the dispute.
D. In the event the Public Works Director and Regional Administrator or their respective
designees cannot resolve the dispute or issue. the COUNTY and the WSDOT shall each
appoint a member to a disputes board. These two members shall then select a third
member not affiliated with either Party. The three-member board shall conduct a dispute
resolution hearing that shall be informal and unrecorded. All expenses for the third
member of the Dispute Resolution board shall be shared equally by both Parties. The
Parties shall be responsible for their own costs, including attorney fees.
8. VENUE
In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties hereto agree that any such
action or proceedings shall be brought in the superior court situated in Thurston County.
Washington. Each Party shall be responsible for its own costs and attorney's fees.
GCB 2480
Page 2 of 3
9. WORKING DAYS
Working days for this Agreement are defined as Monday through Friday, and excluding
Washington State holidays as defined in RCW 1.16.050.
10. TERMINATION OF AGREEMENT
This Agreement will automatically terminate after installation of the FACILITIES by the WSDOT
and full payment is received by the WSDOT from the COUNTY for the lump sum amount of
Twenty-One Thousand and No/100 Dollars ($21,000.00).
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Party's date
signed last below.
WASHINGTON STATE
MASON COUNTY DEPARTMENT OF TRANSPORTATION
By: By:
Jerry Hauth, John Wynands,.
Public Works Director Assistant Regional Administrator for Project
Development
Date: Date:
APPROVED AS TO FORM APPROVED AS' F
By By
L. Scott Lockwood
COUNTY Attorney Assistant Attorney General
Date: Date:
GCB 2480
Page 3 of 3
MASON COUNTY
HEARING ITEM SUMMARY FORM
TO: BOARD OF MASON COUNTY COMMISSIONERS
From: John Huestis/Loretta Swanson Hearing
DEPARTMENT: Public Works EXT: 450
DATE: January 9, 2018 Hearing Item #
BRIEFING DATE. December 11, 2017
BRIEFING PRESENTED BY: Jerry Hauth/Loretta Swanson
[ ] ITEM WAS NOT PREVIOUSLY BRIEFED WITH THE BOARD
Please provide explanation of urgency
ITEM: Private Line Occupancy Permit for Sharron Boepple - Hearing
Background: Sharron Boepple has applied for a Private Line Occupancy Permit to
install underground lines for water, septic and power under and across North Shore
Road.
A major remodel is planned in the near future to the house located at 8511 North Shore
Road Rd. (parcel number 22218-14-00050). As part of the remodel it will be necessary
to relocate the water, septic transport line, and power.
The application fee has been paid to process the proposed Private Line Occupancy
Permit for the benefitting tax parcel number 22218-14-00050.
Recommended Action: Recommend the Board approve the Private Line Occupancy
Permit granting permission to run the water, septic transport lines and power under the
North Shore Road for parcel 22218-14-00050.
Attachments: Private Line Occupancy Permit
Vicinity/Location Map
IN THE MATTER OF THE APPLICATION OF SHARRON BOEPPLE FOR A PRIVATE
LINE UTILITY OCCUPANCY PERMIT TO CONSTRUCT, OPERATE, AND MAINTAIN
A WATERLINE, SEPTIC TRANSPORT LINE AND POWER ALONG AND UNDER
COUNTY ROAD NO.70390,ALSO KNOWN AS NORTH SHORE ROAD LOCATED IN
MASON COUNTY, WASHINGTON
Application of Sharron Boepple, with principal residence located at 7713 Island View Ct. #B,
Mukilteo, WA 98275-2603 for a private line utility occupancy permit to construct,operate and
maintain a private waterline,septic transport line and power under county roads and highways in
Mason County, Washington, as set forth in attached Exhibit`B", having come on regularly for
hearing before the County Commissioners of Mason County, Washington, on the day of
2018,at the hour of ,under the provisions of RCW 36.55,RCW 80.32.010 and
RCW 80.36.040,and it appearing to the Board that notice of said hearing has been duly given as
required by law, and that it is in the public interest to allow the private line utility occupancy
permit herein granted;
NOW THEREFORE,IT IS ORDERED that a non-exclusive private line utility occupancy permit
be, and the same is hereby given and granted to operator, and its successors and assigns,
hereinafter referred to as the"Permittee",for a period commencing from and after the date of the
entry of this order for the purposes,at the location(s),and upon the express terms and conditions
as described herein, and terminating as provided herein.
I. DEFINITIONS
For the purposes of this private fine utility occupancy permit, terms, phrases, words, and their
derivations not defined herein that are defined in Title 12 of the Mason County Code or the
Manual on Accommodating Utilities in the Mason County Right-of-Way published by the County
Engineer(the"Manual"),shall have the same meaning or be interpreted as provided in Title 12 of
the Mason County Code or the Manual. Words not defined here,in Title 12 of the Mason County
Code or the Manual shall have their ordinary meaning. A reference to Title 12 of the Mason
County Code or the Manual refers to the same as may be amended,revised,updated,re-enacted or
re-codified from time to time.
II. GRANT
The County of Mason(hereafter the"County")hereby grants to the Permittee a non-exclusive
private line utility occupancy permit(hereinafter"Permit")which, once it becomes effective
shall authorize the Permittee to enter upon the road rights-of-way located within the Permit
Area for the purpose of maintaining, repairing,replacing, which grant shall be limited to the
following described purpose(s): waterline, septic transport line and power.
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Such grant is subject to and must be exercised in strict accordance with and subject to this Permit,
Title 12 of the Mason County Code,the Manual and all applicable laws, rules, regulations and
ordinances. Permittee's exercise of any rights granted pursuant to the Permit is subject to the
exercise of the County's police powers, and other regulatory powers as it may have or obtain in
the future. No rights shall pass to the Permittee by implication. This Permit does not include
permission to enter into or upon the road rights-of-way for any purposes others than the purposes
expressly described herein. Permittee has a duty to notify the County of any change in use or
condition of the utility facilities that may affect the status of the utility facilities as (a) private
line(s)or the impact of the utility facilities upon the road rights-of-way.
III. UTILITY PERMIT REQUIRED
Permittee shall not commence or perform work to install, construct, maintain repair, replace
adjust,connect,disconnect,rebuild,or relocate its utility facilities within the road rights-of-way
(hereafter collectively or individually the "Work"), without fust applying for, paying all
associated fees, and obtaining a utility permit as required pursuant to Title 12 of the Mason
County Code. In any utility permit so issued, the County may impose, as a condition of the
granting the utility permit,such conditions and regulations as may be necessary for the protection,
preservation and management of the road rights-of-way, including, by way of example and not
limitation, for the purpose of protecting any structures in the road rights-of-way, maintaining
proper distance from other utilities,ensuring the proper restoration of such road rights-of-way and
structures,and for the protection of the County and the public and the continuity of pedestrian and
vehicular traffic.
Permittee shall first file with the County Engineer its application for a utility permit to do such
Work together with plans and specifications showing at a minimum:
A. The position, depth and location of all such utility facilities sought to be constructed,
laid, installed or erected at that time, showing their relative position to existing county roads,
rights-of-way or other county property upon plans drawn to scale,hereinafter collectively referred
to as the"map of definite location;
B. The class and type of material and equipment to be used, manner of excavation,
construction, installation, backfill, erection of temporary structures, erection of permanent
structures,traffic control, traffic turnouts and road obstructions;
C. The manner in which the utility facility is to be installed;
D. Measures to be taken to preserve safe and free flow of traffic;
E. Structural integrity of the roadway, bridge, or other structure;
F. Specifications for the restoration of the county road, right-of-way or other county
property in the event that the road right of way will be disturbed by the Work; and
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G. Provision for ease of future road maintenance and appearance of the roadway.
Provision shall be made for known or planned expansion of the utility facilities,particularly those
located underground or attached to bridges or other structures within the road right-of-way.
The location,alignment and depth of the utility facilities shall conform with said map of definite
location, except in instances in which deviation may be allowed thereafter in writing by the
County Engineer pursuant to application by Permittee.
All such Work shall be subject to the approval of and shall pass the inspection of the County
Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work on account of granting the said utility permits.
IV. RESTORATION OF ROAD RIGHT OF WAY
In any Work which disturbs or causes damage to the road rights-of-way subject to this Permit,
public or private property,the Permittee shall at its own expense and with all convenient speed,
complete the work to repair and restore the county road right-of-way, or the public or private
property so disturbed or damaged,and leave the same in as good or better condition as before the
Work was commenced, to the reasonable satisfaction of the County Engineer. The Permittee
shall pay all costs of and expenses incurred in the examination,inspection and approval of such
restoration or repair.
The County Commissioners and/or County Engineer may at any time do,order or have done any
and all work that they consider necessary to restore to a safe condition such County road right-of-
way or other County property left by the Permittee or its agents in a condition dangerous to life or
property, and the Permittee, upon demand, shall pay to the County all costs of such work.
V. PERMITTEE WORK IN RIGHT OF WAY
Permittee expressly agrees and understands that,with regard to Work within the road rights-of-
way:
A. All of Permittee's utility facilities and Work within the road rights-of-way or other
County property shall be performed in compliance with the provisions of Title 12 MCC, the
Manual,the administrative regulations adopted by the County Engineer,other County-established
requirements for placement of utility facilities in road rights-of-way, including the specific
location of utility facilities in the road rights-of-way, and all applicable laws,rules, regulations
and ordinances;
B. In preparing plans and specifications for the Work the Permittee shall use the Manual.
Prior to commencement of any Work,Permittee shall submit such plans and specifications to the
County Engineer for review and approval together with the adequate exhibit depicting the existing
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or proposed location of the utility facility in relation to the road, including right-of-way or
easement lines; relationship to currently planned road revisions, if applicable; and all locations
and situations for which deviations in depth of cover (including the proposed method of
protection) or other locational standards that are anticipated;
C. All Work subject to this Permit shall be done in such a manner as not to interfere,
other than in ways approved by the County,with the construction,operation and maintenance of
other utilities, public or private, drains, drainage ditches and structures, irrigation ditches and
structures,located therein,nor with the grading or improvements of such County roads,rights-of-
way or other County property;
D. The owners and operators of all utility facilities (public or private) installed in the
Permit Area or other county property prior in time to the utility facilities of the Permittee, shall
have preference as to the alignment and location of such utilities so installed with respect to the
Permittee. Such preference shall continue in the event of the necessity of relocating or changing
the grade of any such county road or right-of-way;
E. Permittee shall perform the Work and operate its utility facilities in a manner that
minimizes interference with the use of the road rights-of-way by others,including others that may
be installing utility facilities; and
F. The County may require that Permittee's utility facilities be installed at a particular
time,at a specific place,or in a particular manner as a condition of access to a particular road or
road right-of-way; may deny access if a Permittee is not willing to comply with the County's
requirements; and may remove, or require removal of, any utility facility that is not installed in
compliance with the requirements established by the County,or which is installed without prior
County approval of the time,place,or manner of installation and charge the Permittee for all the
costs associated with removal; and may require Permittee to cooperate with others to minimize
adverse impacts on the road and road rights-of-way through joint trenching and other
arrangements.
G. The County may inspect the utility facilities at any time reasonable under the
circumstances to ensure compliance with this Permit and applicable law,including to ensure that
the private line utility facilities are constructed and maintained in a safe condition. If an unsafe
condition is found to exist, the County, in addition to taking any other action permitted under
applicable law,may order the Permittee,in writing,to make the necessary repairs and alterations
specified therein forthwith to correct the unsafe condition on a time-table established by the
County which is reasonable in light of the unsafe condition. The County has the right to correct,
inspect,administer,and repair the unsafe condition if the Licensee fails to do so,and to charge the
Permittee therefor. The right of the County to conduct such inspections and order or make repairs
shall not be construed to create an obligation therefore, and such obligation to construct and
maintain its utility facilities in a safe condition shall at all times remain the sole obligation of the
Permittee.
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H. When required by the County,Permittee shall make information available to the public
regarding any Work involving the ongoing installation, construction, adjustment, relocation,
repair or maintenance of its utility facilities sufficient to show(1)the nature of the work being
performed;(2)where it is being performed;(3) its estimated completion date;and(4)progress to
completion.
I. PERMITTEE IS PLACED ON NOTICE THAT FIBER OPTIC COMMUNICATIONS,
POWER, CONTROL SYSTEMS, OTHER TYPES OF CABLES AND PIPELINES MAY BE
BURIED ON THE RIGHT OF WAY. Before beginning any underground work,Permittee will
contact the appropriate personnel to have such facilities located and make arrangements as to
protective measures that must be adhered to prior to the commencement of any work within the
road and road rights-of-way. In addition to the liability terms elsewhere in this Agreement,
Permittee shall indemnify and hold the County and its elected and appointed officers,employees
and agents harmless against and from all cost, liability, and expense whatsoever(including,
without limitation, attorney's fees and court costs and expenses) arising out of or in any way
contributed to by any act or omission of Permittee, its contractor,agents and/or employees,that
cause or in any way or degree contribute to(1) any damage to or destruction of any such facilities
by Permittee, and/or its contractor, agents and/or employees, on the County's property, (2)any
injury to or death of any person employed by or on behalf of any entity, and/or its contractor,
agents and/or employees, on the road rights-of-way,and/or(3)any claim or cause of action for
alleged loss of profits or revenue,or loss of service,by a customer or user of services or products
of such company(ies).
J. Permittee shall continuously be a member of the State of Washington one number
locator service under RCW 19.122, or an approved equivalent, and shall comply with all such
applicable rules and regulations.
K. Except in the event of emergency as described below,Permittee and its agents may not
enter upon the permit area to perform work for which a utility permit is required, unless and
except upon two-business days notice to the County Engineer.
L. In the event of an emergency involving the threat of imminent harm to persons or
property, and for purposes of taking immediate corrective action, Permittee and its agents may
enter the Permit Area without advance notice to the County as long as such entry is for the sole
purpose of addressing the emergency; provided however, that if any entry for such purposes
would require issuance of a utility permit,Permittee shall give the County verbal or telephonic
notice of the places where and the manner in which entry is required prior to such entry,promptly
followed by written notice. In all cases,notice to the County shall be given as far in advance as
practical prior to entry or as soon as practicable after entry upon the road right-of-way.
M. Permittee shall promptly reimburse the County for its reasonable and direct costs
incurred in responding to an emergency that is caused,created by or attributable to the presence,
construction,maintenance,repair,or operation of Permittee's utility facilities in the road rights-
of-way.
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N. If, during any Work, Permittee or its agents discover scientific or historic artifacts,
Permittee or its agents shall immediately notify the County of said discovery and shall protect
such artifacts in a manner as specified by the County. Any such artifact shall be the property of
the County if the County wishes to own it.
VI. PROTECTION OF PUBLIC
All Work done under this Permit shall be done in a thorough and workman-like manner. In the
performance of any Work,including without limitation,the opening of trenches and the tunneling
under county roads,right-of way or other county property,the Permittee shall leave such trenches,
ditches and tunnels in such a way as to interfere as little as possible with public travel and shall
take all due and necessary precautions to guard the same,so that damage or injury shall not occur
or arise by reason of such Work;and where any of such trenches,ditches and tunnels are left open
at night, the Permittee shall place warning lights, barricades and other appropriate protective
devices at such a position as to give adequate warning of such Work. The Permittee shall be
liable for any injury to person or persons or damage to property sustained arising out of its
carelessness or neglect,or through any failure or neglect to properly guard or give warning of any
trenches, ditches or tunnels dug or maintained by the Permittee.
VII. POLICE POWERS
The County,in granting this Permit,does not waive any rights which it now has or may hereafter
acquire with respect to county roads,rights-of-way or other county property and this Permit shall
not be construed to deprive the county of any powers,rights or privileges which it now has or may
hereafter acquire to regulate the use of and to control the county roads, right-of-way and other
county property covered by this Permit. The County retains the right to administer and regulate
activities of the Permittee up to the fullest extent of the law. The failure to reserve a particular
right to regulate, or reference a particular regulation, shall not be interpreted by negative
implication or otherwise to prevent the application of a regulation to the Permittee.
VIII. RELOCATION
Permittee shall, in the course of any Work, comply with the following requirements:
A. The Permittee shall,by a time specified by the County,protect, support,temporarily
disconnect,relocate,or remove any of its utility facilities when required by the County by reason
of traffic conditions; public safety; road right-of-way construction; road right-of-way repair
(including resurfacing or widening);change of road right-of-way grade;construction,installation,
or repair of County-owned sewers, drains, water pipes, power lines, signal lines, tracks,
communications system,other public work,public facility,or improvement of any government-
owned utility; road right-of-way vacation; or for any other purpose where the County work
involved would be aided by the removal or relocation of the utility facilities. Collectively,such
matters are referred to below as the "public work."
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Permittee acknowledges and understands that any delay by Permittee in performing the above
described work may delay, hinder, or interfere with the work performed by the County and its
contractors and subcontractors done in furtherance of such Public Work and result in damage to
the County,including but not limited to,delay claims. Permittee shall cooperate with the County
and its contractors and subcontractors to coordinate such Permittee work to accommodate the
Public Work project and project schedules to avoid delay,hindrance of,or interference with the
Public Work. The County shall make available to the Permittee a copy of the Six Year
Transportation Program and the County's annual construction program after adoption each year.
It is anticipated these programs will aid the Permittee in planning construction programs.
B. Permittee has a duty to protect its utility facilities from work performed by the County
within the road rights-of-way. The rights granted to the Permittee herein do not preclude the
County,its employees,contractors,subcontractors,and agents from blasting,grading,excavating,
or doing other necessary road work contiguous to Permittee's utility facilities;providing that,the
Permittee shall be given a minimum of forty-eight(48)hours notice of said blasting or other work
in order that the Permittee may protect its utility facilities.
C. In the event of an emergency,or where the utility facility creates or is contributing to
an imminent danger to health, safety, or property,the County may protect, support,temporarily
disconnect, remove, or relocate any or all parts of the utility facility without prior notice, and
charge the Permittee for costs incurred.
D. If any Person that is authorized to place facilities in the road right of way requests the
Permittee to protect, support,temporarily disconnect,remove,or relocate the Permittee's utility
facilities to accommodate the construction, operation, or repair of the facilities of such other
person, the Permittee shall, after 30 days' advance written notice, take action to effect the
necessary changes requested; provided that, if such project is related to or competes with
Permittee's service,or if the effect of such changes would be to permanently deprive Permittee of
the beneficial enjoyment of this Permit for its intended purposes through interference with the
operation of Permittee's utility facilities or otherwise,Permittee shall not be required to relocate
its utility facilities. Unless the matter is governed by a valid contract or a state or federal law or
regulation, or unless the Permittee's utility facilities were not properly installed,the reasonable
cost of the same shall be borne by the Person requesting the protection, support, temporary
disconnection,removal, or relocation at no charge to the County, even if the County makes the
request for such action.
E. The Permittee shall, on the request of any person holding a valid permit issued by a
governmental authority,temporarily raise or lower its wires to permit the moving of buildings or
other objects. The expense of such temporary removal or raising or lowering of wires shall be
paid by the person requesting the same.
The County of Mason will accept liability for direct and actual damages to said Permittee that are
the result of the negligence of Mason County, its trustees, officers, employees, contractors,
subcontractors or agents while performing County improvement or Public Works projects
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enumerated in Section VIII,paragraph B. Direct and actual damages are specifically limited to
physical damage to properly installed and located infrastructure of the Permittee and the cost to
repair such physical damage. Mason County retains the right to assert all applicable defenses in
the event of a dispute including contributory_negligence on the part-of the Permittee. Mason
County shall in no way be liable for incidental damages claimed to arise from such actions.
All Work to be performed by the Permittee under this section shall pass the inspection of the
County Engineer. The Permittee shall pay all costs of and expenses incurred in the examination,
inspection and approval of such work.
IX. PRESERVATION OF MONUMENTS/MARKERS
Before any Work is performed under this permit which may affect any existing monuments or
markers of any nature relating to subdivisions, plats, roads and all other surveys,the Permittee
shall reference all such monuments and markers. The reference points shall be so located that
they will not be disturbed during the Permittee's Work and operations under this Permit. The
method of referencing these monuments or other points to be referenced shall be approved by the
County Engineer. The replacement of all such monuments or markers disturbed during
construction shall be made as expeditiously as conditions permit in accordance with RCW 58.24
and WAC 332-120, and as directed by the County Engineer. The cost of monuments or other
markers lost, destroyed, or disturbed, and the expense of replacement by approved monuments
shall be borne by the Permittee.
A complete set of reference notes for monument and other ties shall be filed with the office of the
Mason County Engineer.
X. VACATION OF ROAD RIGHT-OF-WAY
If at any time the County shall vacate any County road or right-of-way or other County Property
which is subject to rights granted by this Permit and said vacation shall be for the purpose of
acquiring the fee or other property interest in said road or right-of-way for the use of the County,
in either its proprietary or governmental capacity, then the Board of Mason County
Commissioners may,at its option,and by giving thirty(30)days written notice to the Permittee,
terminate this Permit with reference to such county road right-of-way or other County property so
vacated,and the County of Mason shall not be liable for any damages or loss to the Permittee by
reason of such termination. It has been the practice of Mason County to reserve easements for
utilities at the time of road vacation,and will continue to be the practice until such time the Board
of Mason County Commissioners direct a change of practice.
XI. FINANCIAL SECURITY
A. Insurance It is intended that the following insurance requirements shall apply to the
person performing the Work in the road right-of-way. Permittee and Permittee's contractors shall
not perform or cause to be performed any Work, unless and until Permittee (to the extent
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Permittee performs any of the Work in the road right-of-way) or its contractors (to the extent
Permittee's contractor performs any of the Work in the road right-of-way)provide certificates of
insurance evidencing that Permittee or Permittee's contractors are in compliance with the
following requirements, including,maintaining insurance in at least in the following amounts:
1.COMMERCIAL GENERAL LIABILITY insurance to cover liability,bodily
injury,and property damage. The Commercial General Liability insurance shall be written on an
occurrence basis, with an aggregate limit location endorsement for the Permit Area, and shall
provide coverage for any and all costs,including defense costs,and losses and damages resulting
from personal injury,bodily injury and death,property damage,products liability and completed
operations arising out of the Work. Coverage must be written with the following limits of
liability:
Bodily and Personal Injury&Property Damage
$ 1,000,000 per Occurrence
$ 2,000,000 aggregate
2 WORKERS' COMPENSATION insurance shall be maintained by Permittee's
contractor to comply with statutory limits for all employees, and in the case any work is sublet,
the contractor shall require its subcontractors similarly to provide workers' compensation
insurance for all the employees.
3.COMPREHENSIVE AUTO LIABILITY insurance shall include owned,hired,
and non-owned vehicles on an occurrence basis with coverage of at least $500,000 per
occurrence.
The required insurance shall be maintained from the time that Work in the road right-of-way
commences until the Work is complete and the utility permit issued for said Work has been
released by the County Engineer, or his or her designee.
If the Permittee or its contractors and subcontractors do not have the required insurance, the
County may require such entities to stop operations until the insurance is obtained and approved.
Permittee shall, or shall cause its contractors to, file with the application for a utility permit,
certificates of insurance reflecting evidence of the required insurance in a form and content
approved by the County's Risk Manager. All coverage shall be listed on one certificate with the
same expiration dates.
The certificates shall contain a provision that coverages afforded under these policies will not be
canceled until at least 30 days'prior written notice has been given to the County.
In the event that the insurance certificate provided indicates that the insurance shall terminate or
lapse during the period of the Work,then, in that event,the Permittee shall furnish, at least 30
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days prior to the expiration of the date of such insurance, a renewed certificate of insurance as
proof that equal and like coverage has been or will be obtained prior to any such lapse or
termination during the balance of the period of the Permit.
The County reserves the right, during the term of the Permit, to require any other insurance
coverage or adjust the policy limits as it deems reasonably necessary utilizing sound risk
management practices and principals based upon the loss exposures.
Each insurance policy required pursuant to this Permit shall be primary and non-contributing as
respects any coverage maintained by the County and shall include an endorsement reflecting the
same. Any other coverage maintained by County shall be excess of this coverage herein defined
as primary and shall not contribute with it. The certificate of insurance must reflect that the above
wording is included in all such policies.
Each insurance policy obtained pursuant to this Permit shall be issued by financially sound
insurers who may lawfully do business in the State of Washington with a financial rating at all
times during coverage of no less than rating of"A" and a class of"X" or better in the latest
edition of"Best's Key Rating Guide"published by A.M.Best Company,or such other financial
rating or rating guide approved in writing by the County's risk manager. In the event that at any
time during coverage,the insurer does not meet the foregoing standards, Permittee shall give or
shall cause its contractors to give prompt notice to the County and shall seek coverage from an
insurer that meets the foregoing standards. The County reserves the right to change the rating or
the rating guide depending upon the changed risks or availability of other suitable and reliable
rating guides.
Comprehensive general liability insurance policies and coverage obtained pursuant to this Permit
shall include an endorsement(standard ISO form CG 24-17)deleting all exclusions for work or
incidents occurring within any distance from a railroad track or railroad property,or on,over,or
under a railroad track.
Insurance policies required pursuant to this Permit shall have no non-standard exclusions unless
approved of by the County Risk Manager or designee.
Commercial general liability insurance policies obtained pursuant to this Permit shall name the
County as an additional insured without limitation,pursuant to an endorsement approved of by
the County's Risk Manager or designee.
Permittee or Permittee's Contractors' insurers, through policy endorsement, shall waive their
rights of subrogation against the County for all claims and suits. The certificate of insurance must
reflect this waiver of subrogation rights endorsement.
B. Contractor Bond. All contractors performing Work on behalf of Permittee shall
be licensed and bonded.
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C. Limitation of Liability. to the fullest extent permitted by law, permittee shall, and
shall cause its contractor(s) only as to subsection (9) below, to release, indemnify, defend and
hold harmless the county and the county's legal representatives, officers(elected or appointed),
employees and agents (collectively, "indemnitees") for, from and against any and all claims,
liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands,
judgments and expenses(including,without limitation,court costs,attorneys' fees,and costs of
investigation, removal and remediation and governmental oversight costs), environmental or
otherwise (collectively"liabilities")of any nature, kind, or description, of any person or entity,
directly or indirectly, arising out of,resulting from,or related to (in whole or in part):
1. this permit;
2. any rights or interests granted pursuant to this permit;
3. permittee's occupation and use of the road right of way;
4. permittee's operation of its utility facilities;
5. the presence of utility facilities within the right of way;
6. the environmental condition and status of the road right-of-way caused by,
aggravated by, or contributed to, in whole or in part, by permittee or its agents; or
7. the acts,errors,or omissions of third parties when arising out of the,installation,
construction, adjustment, relocation, replacement, removal, or maintenance of such third party
utility facilities within the road rights-of-way when such work is performed under authority of the
operator's utility permit or at the direction or under the control of the operator; or
8. any act or omission of permittee or permittee's agents; or
9.any act or omission of contractor or its employees, agents,or subcontractors when
arising out of the work.
Even if such liabilities arise from or are attributed to,in whole or in part,any negligence of any
indemnitee. The only liabilities with respect to which permittee's obligation to indemnify the
indemnitees does not apply are liabilities to the extent proximately caused by the sole negligence
or intentional misconduct of an indemnitee or for liabilities that by law the indemniteees cannot
be indemnified for.
Upon written notice from the county, permittee agrees to assume the defense of any lawsuit or
other proceeding brought against any indemnitee by any entity,relating to any matter covered by
this permit for which permittee has an obligation to assume liability for and/or save and hold
harmless any indemnitee. Permittee shall pay all costs incident to such defense,including,but not
limited to,attorneys' fees,investigators' fees,litigation and appeal expenses,settlement payments
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and amounts paid in satisfaction of judgments. Permittee will fully satisfy said judgment within
ninety (90) days after said suit or action shall have finally been determined if determined
adversely to mason county. upon the permittee's failure to satisfy said judgment within the ninety
(90)day period,this permit shall at once cease and terminate and the county of mason shall have a
lien upon permittee's utility facilities and all other facilities used in the construction, operation
and maintenance of the permittee's utility system which may be enforced against the property for
the full amount of any such judgment so taken against any of the indemnitees
Acceptance by the County of any Work performed by the Permittee at the time of completion
shall not be grounds for avoidance of this covenant.
XII. PERMIT NONEXCLUSIVE
This Permit shall not be deemed to be an exclusive Permit. It shall in no manner prohibit the
County of Mason from granting rights to other utilities under,along,across,over and upon any of
the County roads,rights-of-way or other County property subject to this Permit and shall in no
way prevent or prohibit the County of Mason from constructing, altering, maintaining or using
any of said roads rights-of-way,drainage structures or facilities,irrigation structures or facilities,
or any other county property or affect its jurisdiction over them or any part of them with full
power to make all necessary changes, relocations, repairs, maintenance, etc., the same as the
County may deem fit.
XIII. SUCCESSORS AND ASSIGNS
All the provisions, conditions, regulations and requirements herein contained shall be binding
upon the successors and assigns of the Permittee and all privileges,as well as all obligations and
liability of the Permittee, shall inure to its successors and assigns equally as if they were
specifically mentioned wherever the Permittee is mentioned. Any reference in this Permit to a
specifically named party shall be deemed to apply to any successor,heir,administrator,executor
or assign of such party who has acquired its interest in compliance with the terms of this Permit or
under law.
XIV. TRANSFER/ASSIGNMENT
Permittee may assign or transfer this Permit by contacting the County of Mason to obtain an
Assignment Agreement. The Agreement must be signed and delivered back to the County of
Mason. Assignees shall thereafter be responsible for all obligations of Permittee with respect to
the Permit and guaranteeing performance under the terms and conditions of the Permit and that
transferee will be bound by all the conditions of the Permit and will assume all the obligations of
its predecessor. Such an assignment shall relieve the Permittee of any further obligations under
the Permit, including any obligations not fulfilled by Permittee's assignee; provided that, the
assignment shall not in any respect relieve the Permittee, or any of its successors in interest, of
responsibility for acts or omissions,known or unknown,or the consequences thereof,which acts
12
or omissions occur prior to the time of the assignment. No Permit may be assigned or transferred
without filing or establishing with the county the insurance certificates, security fund and
performance bond as may be required pursuant to this Permit.
XV. ANNEXATION
Whenever any of the County road rights-of-way or other county property as designated in this
Permit,by reason of the subsequent incorporation of any town or city,or extension of the limits of
any town or city, shall fall within the city or town limits; then, except to the extent allowed by
law,this Permit shall terminate in respect to the said roads,rights-of-way or other county property
so included with city or town limits;but this Permit shall continue in force and effect to all county
road rights-of-way or other county property not so included in city or town limits.
XVI. TERM/TERMINATION/REMEDIES
A. Term. This Permit shall commence upon acceptance by the Permittee as provided at
Section XVIII herein and continue in PERPETUITY until terminated or otherwise superseded by
a subsequent franchise, private line utility occupancy permit, master road use permit or other
agreement of the Parties. In the event that it is determined by a court of competent jurisdiction
that, as a matter or law,the term provided for herein is unlawful,this Permit shall be deemed to
have a term for the maximum period allowed by law,and if no such maximum period is readily
and easily capable of being identified, for a term of not longer than fifty (50)years.
B. Termination by County. Permittee has elected to obtain a Permit in lieu of a franchise
agreement. Permittee understands and agrees that, unlike a franchise, this Permit may be
terminated by the County with or without cause. This means that the County is not required to
have or provide a reason for the termination and that the County may terminate this Permit in its
sole discretion without penalty to the County and regardless of whether or not Permittee is or is
not in default; provided that, the County may not terminate this Permit for a reason that is
unlawful. The Parties agree that the only condition of termination by the County of this Permit is
that the County must give not less than ninety (90) days written notice to the Permittee of
termination. The County Engineer is authorized to exercise the right of the County to terminate
this Permit.
C. Termination upon Transfer/Assignment/Conveyance. This Permit shall automatically
terminate upon: (1)assignment of the Permit without the prior written consent of the County in
substantially the form of an Assignment Agreement (obtained by request), (2) transfer of the
utility facilities located with the Permit Area without prior written notice to the County and
mutual acceptance of an assignment of the Permit,(3)conveyance of the real property or any part
thereof benefited by the installation and operation of the utility facilities without prior written
notice to the County and mutual acceptance of an assignment of the Permit, or (4) use of the
utility facilities for the benefit of persons other than the owner/operator in a manner that no longer
constitutes a de-minimis use of the road right-of-way.
13
D. Termination upon Removal of Utility Facilities. This Permit and all of the rights,
duties and obligations contained herein, shall terminate upon removal of all Permittee utility
facilities from the road right-of-way or abandonment and de-commissioning in place to the
reasonable satisfaction of and in the manner approved by the County Engineer and restoration of
the road right-of way to the satisfaction of the County Engineer.
E. Effect of Termination. On or before the effective date of termination or as otherwise
mutually agreed to by the Parties,Permittee shall remove its utility facilities from the road rights-
of-way and restore the road rights-of-way to the reasonable satisfaction of the County Engineer.
In lieu of removal, the County Engineer may authorize abandonment in place and de-
commissioning of the utility facilities in the manner approved by and to the reasonable
satisfaction of the County Engineer. In the event that the Permittee fails to timely and completely
perform such work,the County may perform or complete such work at the cost of the Permittee
and Permittee shall be obligated to reimburse the County for such work within 30 days of invoice
by the County.
F. Remedies. In addition to the right of the County to terminate this Permit,the County
has the right to exercise any and all of the following remedies, singly or in combination, in the
event of Default. "Default"shall mean any failure of Permittee or its agents to keep,observe or
perform any of Permittee's or its agent's duties or obligations under this Permit:
1. Damages. Permittee shall be liable for any and all damages incurred by County.
2. Specific Performance. County shall be entitled to specific performance of each
and every obligation of Permittee under this Permit without any requirement to prove or establish
that County does not have an adequate remedy at law. Permittee hereby waives the requirement
of any such proof and acknowledges that County would not have an adequate remedy at law for
Permittee's commission of an Event of Default hereunder.
3. Injunction. County shall be entitled to restrain, by injunction, the actual or
threatened commission or attempt of an Event of Default and to obtain a judgment or order
specifically prohibiting a violation or breach of this Permit agreement without, in either case,
being required to prove or establish that County does not have an adequate remedy at law.
Permittee hereby waives the requirement of any such proof and acknowledges that County would
not have an adequate remedy at law for Permittee's commission of an Event of Default hereunder.
4. Alternative Remedies. Neither the existence of other remedies identified in this
Permit nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to
commence an action for equitable or other relief and/or proceed against Permittee and any
guarantor for all direct monetary damages, costs and expenses arising from the Default and to
recover all such damages,costs and expenses,including reasonable attorneys'fees.Remedies are
cumulative; the exercise of one shall not foreclose the exercise of others.
14
XVII. SUBSEQUENT ACTION
The County reserves for itself the right at any time upon ninety (90) days written notice to the
Permittee, to so change, amend, modify or amplify any of the provisions or conditions herein
enumerated to conform to any state statute or county regulation, relating to the public welfare,
health, safety or highway regulation, as may hereafter be enacted, adopted or promulgated.
XVIII. ACCEPTANCE
Permittee shall execute and return to County a signed acceptance of the Permit granted hereunder.
The acceptance shall be in the form of the acceptance attached hereto as Exhibit "A", and in
accepting the Permit,Permittee warrants that it has carefully read the terms and conditions of this
Permit and accepts all of the terms and conditions of this Permit and agrees to abide by the same
and acknowledges that it has relied upon its own investigation of all relevant facts,that it has had
the assistance of counsel or an opportunity to have assistance of counsel,that it was not induced
to accept a Permit,that this Permit represents the entire agreement between the Permittee and the
County.In the event the Permittee fails to submit the acceptance as provided for herein within the
time limits set forth in this section,the grant herein is and shall become null and void.
XIX. RECORDING OF MEMORANDUM OF PERMIT
The Parties agree that a"Memorandum of Permit" in substantially the form attached hereto as
Exhibit`B", shall be filed for record with the Office of the Mason County Auditor upon written
acceptance by the Permittee. The cost and expense of such filing shall be borne by the Permittee
if not already included in the fee for issuance of this Permit. Notwithstanding the foregoing,this
Permit is not intended nor shall it be construed to create an interest in land or constitute the grant
or conveyance of a real property interest by the County to the Permittee. The requirements of this
Section XIX are intended solely to provide notice of the existence of this Permit and the terms
and conditions there under, including inter-alia, the limitations upon assignment of the Permit.
Permittee shall at the time of its acceptance of this Permit identify the assessor's tax identification
number of the parcel or parcels benefited by this Permit and a legal description of each such
parcel to be included in the Memorandum of Permit.
XX. MISCELLANEOUS PROVISIONS
A. Controlling Law/Venue. Any disputes concerning the application or interpretation of
any of the provisions of this Permit shall be governed by the laws of the State of Washington.
Venue of any action or arbitration brought under this Permit shall be in Mason County,
Washington or the Western District of Washington if an action is brought in federal court,
provided;however,that venue of such action is legally proper.
15
B. Liens. Permittee shall promptly pay and discharge any and all liens arising out of any
Work done, suffered or permitted to be done by Permittee on any Permit area.
C. Waiver. No waiver by either party of any provision of this Permit shall in any way
impair the right of such party to enforce that provision for any subsequent breach,or either party's
right to enforce all other provisions of this Permit.
D.Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the
terms of this Permit,the substantially prevailing Party or Parties shall be entitled to reasonable
attorney's fees, costs and necessary disbursements in addition to any other relief to which such
Party or Parties may be entitled.
E. Amendment. This Permit may be amended only by a written contract signed by
authorized representatives of Permittee and County of Mason.
F. Severability. If any provision of this Permit is held to be illegal, invalid or
unenforceable under present or future laws,such provision will be fully severable and this Permit
will be construed and enforced as if such illegal,invalid or unenforceable provision is not a part
hereof, and the remaining provisions hereof will remain in full force and effect. In lieu of any
illegal, invalid or unenforceable provision herein,there will be added automatically as a part of
this Permit,a provision as similar in its terms to such illegal,invalid or unenforceable provision
as may be possible and be legal, valid and enforceable.
G. Joint and Several Liability. Permittee acknowledges that, in any case in which
Permittee and Permittee's contractors are responsible under the terms of this Permit, such
responsibility is joint and several as between Permittee and any such Permittee's contractors;
provided that,the Permittee is not prohibited from allocating such liability as a matter of contract.
H. Notices. Any notice contemplated, required, or permitted to be given under this
Permit shall be sufficient if it is in writing and is sent either by: (a)registered or certified mail,
return receipt requested; or (b) a nationally recognized overnight mail delivery service, to the
Party and at the address specified below, except as such Party and address may be changed by
providing no less than thirty(3 0) days' advance written notice of such change in address.
Permittee: Sharron Beopple
7713 Island View Ct. #B
Mukilteo, WA 98275-2603
Grantor: Mason County Public Works
100 W. Public Works Drive
Shelton, WA 98584
16
I. Approvals. Nothing in this Permit shall be deemed to impose any duty or obligation
upon the County to determine the adequacy or sufficiency of Permittee's plans and specifications
or to ascertain whether Permittee's proposed or actual construction, installation, testing,
maintenance,repairs,replacement,relocation,adjustment or removal is adequate or sufficient or
in conformance with the plans and specifications reviewed by the County. No approval given,
inspection made, review or supervision performed by the County pursuant to this Permit shall
constitute or be construed as a representation or warranty express or implied by County that such
item approved, inspected, or supervised,complies with laws,rules regulations or ordinances or
this Permit or meets any particular standard,code or requirement,or is in conformance with the
plans and specifications,and no liability shall attach with respect thereto.County and inspections
as provided herein, are for the sole purpose of protecting the County's rights as the owner and
manager of the road rights-of-way and shall not constitute any representation or warranty,express
or implied, as to the adequacy of the design, construction, repair, or maintenance of the utility
facilities, suitability of the permit area for construction, maintenance, or repair of the utility
facilities, or any obligation on the part of the County to insure that work or materials are in
compliance with any requirements imposed by a governmental entity. County is under no
obligation or duty to supervise the design, construction, installation, relocation, adjustment,
realignment, maintenance,repair, or operation of the utility facilities.
J. Force Majeure. Neither Party hereto shall be liable to the other Party for any failure to
perform an obligation set forth herein to the extent such failure is caused by war,act of terrorism
or an act of God, provided that such Party has made and is making all reasonable efforts to
perform such obligation and minimize any and all resulting loss or damage.
K. Construction. All pronouns and any variations thereof shall be deemed to refer to the
masculine, feminine or neuter; singular or plural, as the identity of the Party or Parties may
require. The provisions of this Permit shall be construed as a whole according to their common
meaning, except where specifically defined herein, not strictly for or against any party and
consistent with the provisions contained herein in order to achieve the objectives and purposes of
this Permit.
L. Incorporation by Reference. All exhibits annexed hereto at the time of execution of
this Permit or in the future as contemplated herein,are hereby incorporated by reference as though
fully set forth herein.
M. Calculation of Time. All periods of time referred to herein shall include Saturdays,
Sundays, and legal holidays in the State of Washington, except that if the last day of any period
falls on any Saturday, Sunday, or legal holiday in the State of Washington, the period shall be
extended to include the next day which is not a Saturday, Sunday,or legal holiday in the State of
Washington.
N. Entire Agreement. This Permit is the full and complete agreement of County and
Permittee with respect to all matters covered herein and all matters related to the use of the Permit
Area by Permittee and Permittee's Contractors, and this Permit supersedes any and all other
17
agreements of the Parties hereto with respect to all such matters,including,without limitation,all
agreements evidencing the Permit.
O. No Recourse. Without limiting such immunities as the County or other persons may
have under applicable law, Permittee shall have no monetary recourse whatsoever against the
County or its officials,boards,commissions,agents,or employees for any loss or damage arising
out of the County's exercising its authority pursuant to this Permit or other applicable law.
P. Responsibility for Costs. Except as expressly provided otherwise, any act that
Permittee is required to perform under this Permit shall be performed at its cost. If Permittee
fails to perform work that it is required to perform within the time provided for performance,the
County may perform the work and bill the Permittee. The Permittee shall pay the amounts billed
within 30 days.
Q. Work of Contractors and Subcontractors. Work by contractors and subcontractors are
subject to the same restrictions,limitations,and conditions as if the Work was performed by the
Permittee. The Permittee shall be responsible for all Work performed by its contractors and
subcontractors,and others performing Work on its behalf,under its control,or under authority of
its utility permit, as if the work were performed by it and shall ensure that all such work is
performed in compliance with this Permit,Title 12 MCC,the Manual and other applicable law,
and shall be jointly and severally liable for all damages and correcting all damage caused by them.
It is the Permittee's responsibility to ensure that contractors, subcontractors, or other Persons
performing work on the Permittee's behalf are familiar with the requirements of the Permit,
Title 12 MCC,the Manual,and other applicable laws governing the work performed by them and
further, for ensuring that such contractors and subcontractors maintain insurance as required
herein.
R. Survival of Terms. Upon the termination of the Permit,the Permittee shall no longer
have the right to occupy the Permit area. However,the Permittee's obligations under this Permit
to the County shall survive the termination of these rights according to its terms for so long as the
Permittee's utility facilities shall remain in whole or in part in the road rights-of-way, except to
the extent the County Engineer has approved abandonment in place. By way of illustration and
not limitation, Permittee's obligations to indemnify, defend and hold harmless the County,
provide insurance and a performance/payment bond pursuant to Section XI and Permittee's
obligation to relocate its utility facilities pursuant to Section VIII,shall continue in effect as to the
Permittee, notwithstanding any termination of the Permit, except to the extent that a County-
approved transfer, sale, or assignment of the utility system is completed, and another entity has
assumed full and complete responsibility for the utility facilities or for the relevant acts or
omissions.
18
DATED at Shelton, Washington this day of 12018.
APPRO D: BOARD OF COMMISSIONERS
MASON COUNTY, WASHINGTON
—/S
Jo uestis, E
Couffity Engineer
Randy Neatherlin, Chair
Approved as to form:
Terri Drexler, Vice Chair
Tim Whitehead, eputy
Prosecuting Attorney
Kevin Shutty, Commissioner
19
EXHIBIT"A"
ACCEPTANCE OF PERMIT
Private Line Utility Occupancy Permit effective —,201—.
1,5�'�•�t Iam 01.,)r6l of parcel(s) 9o1a(t'jL4 D OO SO
and I am the(Operator and)or(representative authorized to)accept Permit on behalf of
I certify that this Permit and all terms and conditions thereof are
accepted by without qualification or reservation and guarantee
performance hereunder. I certify that,to the best of my knowledge,the assessor's tax
identification number of the parcel or parcels benefited by this Permit and a legal description
of each such parcel are as described in the attached under Permit Exhibit"B".
DATED this�day of ,201-7.
PER�NTITTEE
By:
Title:
STATE OF )
COUNTY ORE ss.
)
I certify that I know or have satisfactory evidence thaty t �1'1'�rl 'JUCy�_is the
person who appeared before me,and said person acknowledged thawke/she signed this instrument,on oath
stated that Xlshe was authorized to execute the instrument and acknowledged it as the
of the to be the free and voluntary
act of such parry for the uses and purposes mentioned in the instrument.
Dated:
ANGELIA D.CHRISTENSEN
STATE OF WASHINGTON Notary Publ;
NOTARY PUBLIC Print Name Vl c( h
MY COMMISSION EXPIRES My commission expires . I
08-28.18
A- 1
RECORDED AT THE REQUEST OF
AND AFTER RECORDING RETURN TO:
County of Mason
100 West Public Works Drive
Shelton WA 98584
Attn: County Engineer
EXHIBIT"B"
MEMORANDUM OF PERMIT
Grantor: COUNTY OF MASON, a legal subdivision of the state of Washington
Grantee: SHARRON BOEPPLE
Legal Description of Benefited Property
Legal Description: The West 75.54 feet of the East 325.54 feet of Governement
Lot 1, Section 18, Township 22 North, Range 2West, W.M. less County Road
right of way; Together with tideland in front of, adjacent to or abutting thereon.
Assessor's Tax Parcel ID#: 22218-14-00050
B-1
MEMORANDUM OF PRIVATE LINE UTILITY OCCUPANCY PERMIT
THIS MEMORANDUM OF PERMIT is dated as of the_day of ,2018
between the County of Mason,a legal subdivision of the state of Washington("County")and
Sharron Beopple(Permittee").
1. Pro e . County has,pursuant to Private Line Utility Occupancy Permit granted
to Permittee,the right,revocable at the will of the County,to use and occupy certain road rights-
of-way for the construction,installation,adjustment,maintenance,removal,repair,relocation and
operation of Permittee's utility facilities for the benefit of the herein described Property,upon the
terms and conditions of that certain permit agreement between the parties accepted the day
of , 2018 (the"Permit"), which terms and conditions are incorporated herein by
this reference. The property to be benefited by this permit is situated in the Mason County,
Washington, legally described in Exhibit B attached hereto (herein called the "Property"). The
road right-of-way permit area("Permit Area") is also described in attached Exhibit B.
2. Term. The term of the Permit is in perpetuity unless terminated.
3. Termination. County in its sole discretion may terminate all or part of the Permit
with or without cause upon no less than ninety(90)days written notice to the Permittee. Further,
this Permit will automatically terminate upon assignment without the prior written consent of the
County, or upon transfer of the Property without the prior written consent of the County to an
assignment of the Permit or upon transfer of all or part of the utility facilities located in the Permit
Area without the prior written consent of the County to an assignment of the Permit.
4. Purpose of Memorandum of Permit. This memorandum of permit is prepared for
the purpose of recordation and notice and in no way modifies the Permit and is in no way
intended to or should be construed to create or convey an interest in land or the road right-of-way.
DATED this day of ,2018
CO OF ON
Jouesti
ty Engineer
Cor
Approved as to form:
Tim tehead,Ch. Deputy
Prosecuting Attorney
B-2
PERMITTEE
('
By:
Title:
STATE OF.V0000
ss.
COUNTY OF(?h(S�A&-Y�;5� \,
I certify that I know or have satisfactory evidence that s the person who
appeared before me,and said person acknowledged that said person signed this instrument,on oath stated
that said person was authorized to execute the instrument and acknowledged ownership of
parcel(s) 1 W CUbe the free and voluntary act of such person/corporation for the uses
and purposes mentioned in the instrument.
Dated this—L day of DCL--h 201].
Dated:
(SignatV of Notary)
ANGELIA D.CHRIS-='JSN
STATE OF WASHIN ;T ON (Legibly t of Sump Name of Notary) t
NOTARY PUiJL C Notary public in and for
rtth,,state of
MY COMMISSION Ey' RES residing at ��11 E---/
08.28.18 (�
bfy appointment expires Y `
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