The URL can be used to link to this page

Home My WebLink AboutM99-0211 - RAP Permit / Conditions - 11/15/1999 Access Connection AM MAWashington State Permit - Existing Department of Transportation Permit No. M99-0211 CS SR 3 Region Olympic Name and Address of Property Owner MP 26.05 LT/RT R DON CASTEEL d.b.a. C. &M. Motors KP 23460 State Route 3 P. O. Box 1463 Belfair, WA 98528 The Property Owner, hereinafter referred to as the"Grantee," to register,use and maintain within state right-of-way, an existing Category 1, Non-Conforming, Commercial, Design Type "D, SU& Less" with maximum ADT of 100, road approach to a Class 3 Highway, to serve an auto sales facility located in the Southwest 1/4 of the Southeast 1/4 of Section 29, Township 23 North,Range 1 West, W. M., on a portion of State Route No. 3 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"- Right of Way Sheet(s) 1 and 2. Exhibit`B" - Location Map, Page 1. 1999 This permit is effective after 30 days unless appealed per WAC 468-51-150 and is subject to the terms and :;s"�:� ',�iI<�;•� provisions as herein set forth. GRANTEE DEPARTMENT OF TRANSPORTATION Aa Title: Title: Development Services Engineer Date: Date: NOV 15 1999 DOT Form 224-0066 EF 10/95 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 determine if the change is significant and would require a new permit and modifications to the connection. 8. 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 WAC,Chapter 47.50 RCW,Chapter 47.32 RCW,and/or Chapter 47.44 RCW,and amendments thereto. DOT Form 224-006 EF 10/95 AWK PAJ (2D7�,, 3�- 5� 00 00 I � Washington State ` k ym i. Region ad TI/ Department of Transportation 5720 Capitol Boulevard,Tumwater P.O. Box 47440 Sid Morrison Olympia,WA 98504-7440 Secretary of Transportation l(� (360)357-2600 Fax(360)357-2601 November 15, 1999 NOV 17 1999 MASON CO.PLANNING DEPT Mr. Don Casteel P. O. Box 1463 Belfair, Washington 98528 Re: C. & M. Motors Access Connection Permit M99-0211 SR 3, Mile Post 26.05 Right Dear Mr. Casteel: The Washington State Department of Transportation(WSDOT)would like to take this opportunity to thank you for your cooperation in completing the access permit documents for the above project. Enclosed is your fully executed copy of the Access Connection Permit. This permit should be attached to and kept with your permanent property record documents. If you have questions about the permit then please contact me at(360) 357-2736. Sincerely, Dale C. Severson, P.E. Development Services Engineer WSDOT, Olympic Region Enclosure DCS:taj cc Mason Co. Planning Dept., P O Box 578, Shelton,WA 98584 Frank Treese, Asst. Maintenance Supt., Port Orchard,Mail Stop: WB-18 e