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HomeMy WebLinkAboutAccess Connection 46540 - RAP Permit / Conditions - 2/21/2007 • - Access Connection Permit - Existing Permit No. 46540 SR 302 Name and Address of Property Owner Region Olympic James Yates 4710 East SR 302 MP 4.000 LT/RT Right Belfair,WA 98528 KP The Property Owner,hereinafter referred to as the"Permit Holder", Single Family Residence approach on a portion of State Route No. 802 in Mason County,Washington, the Washington State Department of Transportation or its designee,herein after referred to as the"Department", hereby orders that this permit be granted,subject to the terms and provisions stated upon the General Provisions hereof and Exhibits attached hereto and by this reference made a part hereof: Exhibit A-Special Provisions for Highway Encroachments,2 pages This permit is effective after 30 days unless appealed per WAC 468-51-150 and is subject to the terms and provisions as herein set forth. PERMIT HOLDER DEPARTMENT OF TRANSPORTATION AJ By. By: Title: Title: Asst Superintendent Date: Date: 02/21/2007 RAMPS-Accees Connef w Permit E mbnp-Pape 1 k - General Provisions 1. The Grantee,its successors and assigns,agrees to protect the State of Washington,its officers and employees and save them harmless from all claims,actions or damages of every kind and description which may accrue to or be suffered by any person,persons,or property by reason of the acts or omissions of the Grantee,its assigns,agents,contractors,licensees,employees or any person whomsoever,in connection with Grantee's,its assigns',agents',contractors',licensees'or employees'construction,installation,maintenance,operation, use or occupancy of the right of way or in the exercise of this permit. In case any suit or action is brought against the State of Washington, its officers and employees,arising out of or by reason of any of the above causes,the Grantee,its successors or assigns will,upon notice of such action,defend the same at Its sole cost and expense and satisfy any judgement against the State of Washington,Its officers,or employees:PROVIDED,that if the claims or damages are caused by or result from the concurrent negligence of(a)the State of Washington's agents or employees and(b)the Grantee or Grantee's agents or employees,this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Grantee or the Grantee's agents or employees. The Grantee,and on behalf of its assigns,agents,licensees,contractors and employees agrees to waive any claims for losses,expenses, damages or lost revenues incurred by it or its agents,contractors,licensees,employees or customers in connection with Grantee's,its assigns',agents',contractors',licensees'or employees'construction,installation,maintenance,operation,use or occupancy of the right of way or in the exercise of this permit against the State of Washington,its agents or employees except the reasonable costs of repair to property resulting from the negligent injury or damage to Grantee's property by the State of Washington,its agents,contractors or employees. 2. Except as herein authorized,no excavation shall be made or obstacle placed within the limits of the State highway in such a manner as to interfere with the travel over said road. 3. Grantee hereby authorizes the Department to enter upon their lands where necessary to construct or reconstruct the permitted access connection and/or construct and maintain traffic control devices and appurtenances. 4. The access connection shall be maintained between the right of way line and the shoulder line of said(highway,frontage service road of said highway,highway and/or frontage service road,-"Line of said highway)by the grantee,their heirs,successors or assigns in a condition satisfactory to the department. 5. All future cost of construction or modification of a connection shall be the responsibility of the Grantee,including the cost of modification of any connection required as a result of changes on property site use in accordance with WAC 468-51-110. 6. Existing permitted connections impacted by the Department's work program and which,in the consideration of the Department,necessitate modification,relocation,or replacement in order to meet current Department connection location,quantity,spacing,and design standards, shall be modified,relocated,or replaced in kind by the Department at no cost to the Grantee. The cost of further enhancements or modification to the altered,relocated,or replaced connections desired by the Grantee shall be the responsibility of the Grantee. 7. If any changes are made or proposed in the land use,intensity of development,type of traffic,or traffic flow of the property served by this connection permit,the Grantee is required to contact the Department to determine if further analysis is needed to determined the change is significant and would require a new permit and modifications to the connect on. B. All such changes,reconstruction,or relocation by the Grantee shall be done in such manner as will cause the least interference with any of the Department's work,and the Department shall in no wise be held liable for any damage to the Grantee by reason of any such work by the Department,its agents or representatives,or by the exercise of any rights by the Department upon roads,streets,public places,or structures in question. 9. This permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the Department from granting other permits or franchise rights of like or other nature to other public or private companies or individuals,nor shall It prevent the Department from using any of its roads,streets,or public places,or affect its right to full supervision and control over all or any part of them,none of which is hereby surrendered. 10. The Department may revoke,amend,or cancel this permit or any of the provisions thereof at any time by giving written notice to the Grantee. The Grantee shall immediately remove all facilities from the right of way. Any facilities remaining upon the right of way 30 days after written notice of cancellation shall be removed by the department at the Grantee's expense. 11. This permit is subject to all applicable provisions of 468-51 WAC,468-52 WACChapter 47,50 RCW,Chapter 47.32 RCW,and/or Chapter 47.44 RCW,and amendments thereto. RAMPS Aaeee Connexion Permit Existing-Page 2