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Order Granting Franchise - EXPIRED y H . . ! ~ i ` . / " , ` ' l ' • . ' , , ' . BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SPOKANE P ST,,TE OF WASHINGTON C.(D , . In -the Matter of the Applica.tion ) of YELLOWSTONE PIPE LINE COMPANY, : a corporat ion, f or a f ra.nch ise to.) construct a pipeline for refineci : ORDER GRANTING FR,ANCHISE petroleum products upon the public) streets, roads, and property of : Spokane-County, ) WHEREAS, Yellowstone Pipe Line Companp, a corpor-ation ! organized under and by virtue of the.laws of the Sta.te'-of-Delaware, ' with its main offices at Ponca :City, Okla.homa, and authorized to do business in the State of Washington, has applied for a franchise for a period of.fafty (50) years to lay., construct, reconstruct, replace, renew,. repair, operate and maintain.an 8-inch or smaller. steel-welded pipeline and appurtenances thereof for the transpor- tation of refined petroleum products, including without limitation diesel fuels, stove oils, jet fuel and motor vehicle fuels and other substances or any thereof, across, on, along, above..or under the public streets, roads a.nd property of the County of Spo- kane as described in Exhibit "A" attached to the Application for , Franclaise, filecl January 3, 1957; and WHEREAS, proper notice of the time and place of hearing said franchise has been given as required by law and the Board of County Commissioners being fully advised in the premises; and . WHEREAS, the applicant has filed a notice of withdra.wal as to Items 1-A through 25-A, both items inclusive, and desire that this franchise be limited to Items 26-A through 29-A, both . ~AMei•.A...o. P.wrl'!ii'TIwV'Y1.{s .n.w..sww-.. ..w.qM:`"A`-.._.nwwy • " N..w.v . . . items inclusive, as the sameare identified in said application for franchise, NOW, THEREFORE, IT IS HEREBY ORDERED that a franchise be . and the same is hereby granted to the applicant, -YELLOWSTONT PIPE LINE COMPANX, a Delawaxe corporation, hereinafter designa.ted as ' 1 - . , _ . ► I . • , . . 1.. 4 • ~ - ' • . . .i Sr . . / ~ . ' the grantee9 and to its successors and assigns, for the term of f if ty (50) years, subjett to the limitations and to all conditions herein mentioned and prescribed by the statutes of the State of Washington in such ca.ses made. and provided, with the right, -privi- lege and franchise authority to lay, construct, reconstruct, re- place, renew, repair, operate and mainta.in an.8--inch or smaller steel-welded pipeline and appurtenances thereof for the transpor- tation of ref ined petroleum products, including without limita.tion diesel fuels, stove oils, jet fuel and motor vehicle fuels and other substances or any thereof, across, on, along, above or under . the following described public streets, roads and property of the County of Spokane; 26-A - Dickey Road - South along west edge to inter- section with Bettman Addition Road a distance of approximately . 135 feet. Bettman Addition - Southwesterly along.west edge Road to intersection with 16th Ave- nue a distance of appraximately . 1,200 feeto . . 28-A -16th Avenue - West along north. edge approxi- . mately 1, 720 feet from Bettman ' Addition Road. 29-A - 16th Avenue - North, south crossing approxi- crossing ma.tely 1, 720 feet west of inter- section with Bettman Addition Road. The applicant, Yellowstone Pipe Line.Company, its succes- sors and assigns, is further given the right to occupy and use a right of way feet wide in the exercise of such franchise with the right of ingress and egress from and to the same, - THIS FRANCHISE IS GrIVEIJ SUEJECT TO TIIE FOLLONING SPECIFIC. COIdDITI0N5 IN ADDITION TO ANY AND ALL CONDITIONS NOW IMPOSED UPON SAID GRANTEE BY THE STATUTES OF THE STATE OF WASHINGTON, to-wit: FIRST: The construction, the material. used, therein, and the mode and method of operation and maintenance of said pipe line . ~ 2 ~ r.~. . . . ' . . r - tCC ' •Y' J.' ' Y, LL. - . w .r1.. y. .1p1 q ~ M :0.1• f.. ~ , . ~ t _ . . . _ . .•w' _ . . . . ' • . . . ' , • . ~ . . . . • ' . shall meet all of the requirements, conditions and_provisions of any and all statutes of the State of Washington now in force or tliat may hereaf ter be enacted, and all rules and regulations now in existence promulgated by any of the public bodies of the State of Washington or the County of Spokane having j urisdiction in the premises, including Spokane County Resolution No. 56-150, dated May 22, 1956. SECOND: The said pipe line and all appurtenances or equipment of any nature, kind or description used in connection therewith shall be so located as not to obstruct the use of said public streets, roads and property of Spokane County, and shall meet with the approval of the County Engineer of Spokane Countyd The Grantee shall leave said public streets, roads-and property, after placing said pipe line or appurtenances thereof or af ter the repair or reconstruction thereof,_ in as good a,nd safe condition in all respects as the same was in before the com- mencement of such irork and, in case the Grantee causes any da.mage to.said property, said Grantee agrees to at once repair said dam- age at its own cost and expense, and the Board of County Commis- sioners of Spokane County may at any time do or order to be done any work considered by it necessary to restore to a safe condition any part of said public street.9, roads. and property lef t by the Grantee in a condition dangerous to life or property, and the Grantee, upon demand, shall pay to the County of Spokane all costs of said work so ordered by the Board of County Commissioners. THIRD; All work so done by the Grantee shall be carried on in such a manner as to cause the least interference *ith the work of the County, and shall be at the sole cost and expense of . said Grantee. - 3 - . , ' . . - .r..._.,,._..__ _ - 1.yrw... b.iirr ir. .r .M vr { .t.• . ~ i .r 41 1 ` • . . ~ • 1 • r' ~ , « • . : Thegrantin of an of the ' g Y privileges herein described shall not preclude the County.of Spokane from conducting any nec- essary work on ar contiguous to said public streets, roads and propertyo FOURTH: All work in the construction of said pipe line and in the repair or maintenance of the same or any of the equip- ment or a.ppurtenances used in connection therewith shall be under the.supervision of and subject to the approval of the County Tn- gineer of Spokane County. FIFTH: The Grantee-herein, upon written notice from the Board af County Commissioners,*shall at any time during the life of this franchise, at its own cost and expense, adopt and use such a.pproved methods and devices as shall be generally adopted a.n.d used for the protection of life and property and a.s said Board may require. SIXTH; The Grantee does hereby agree, for itself, its successors and assigns, to protect and save harmless the County of • s . . Spokane from any and all claims, actians or damages of any kind, nature or description which may accrue to or be claimed by.any person or persvns, corporations or other parties by rea.son of the occupation, faulty coiistruction or negligent maintenance of said pipe*line or the appurtenances in connection therewith across said public streets, roads and property of Spokane County; and, in case suit or actian is brought against Spokane County for damages aris- ing out of or by reason of any of the above-mentioned causes, the Grantee, its successors and assigns, will, upon notice to it or them of the commencement of such action, defend the same at its or their cost and ex ense and in case ud p , j gment shall be rendered against said County of Spoka,ne in such suit or action, the Grantee, its successors and assigns, or either of thean, will fully satisfy _ 4 _ : : . , r . - . - . t _ • • . ,r . :.xca- . • ~ . 1 ~ ~ , . . ^ . , . . ; . . . 1 ~ ~ ~ l. / . . r • said j udgment within ninety (90) days after such suit or action shall have ~inally been terminated, if terminated adversely to said Spokane County. PROVIDED, that the Grantee herein, its suc- cessors or assigns, shall have the right to employ its own counsel in:any such action and to have the exclusive management of the def ense of the saxne o ~EVENT~: All of the provisions, conditions and require- ments herein contained shall be binding upon the Grantee herein, its successors and assigns,~the same as if they were specif~cally mentioned wherever the Grantee is mentioned, and all rights and privileges herein granted shall inure to such successors and as- signs equa.l.ly as if they were specifically mentioned wherever the Grantee is mentioned. ~ EIGHTH: This franchise shall not.be deemed or held to be an exclusive franch~se9 and it shall in no manner prohibit the County of Spokane from granting any further or other franchise or franchises of anp nature, kind, character ar description which the Board of County Commissioners of said County may deem proper. The facilities of the Grantee shall be removed at the expense of the Grantee, its successors or assigns, to anoth er lo- cation.on said public streets, roads or property in th~ event~that said public streets, roads or property are to be constructed, altered or improved or shall become a primary state highway, and such removal is reasonably necessary for the construction, altera- tion or improvement thereof. NINTH: The Grantee shall, within thirty (30) day~ after the granting of this franch ise, sign its written accepta.nce of the same, the rights and privileges herein conferred, and the approval . of the obligations and terms herein imposed and, in case of f~,il- ure so to do, this grant shall becvme null and void and of no force or effect whatever, - 5 - . . - . - . : ~ I . , . . . . • i .w. . ~ . ~ . . . . . . . i ~ ...n.. . v. ra ~ ~ .~a:~~Yi•~tr:.~..~~i.~. ~aev:l.•a:....~'ar~Jr• .~.i.. ~ . . s~. . ( ~ , .w~ ~ • ' P 7 ~ J. rb. . . 1 . . . . N ~ • t'•... ~ ' . , _ . DONE IN REGULAR SESSIOId in the Off ice of the Board of Coun y Commissioners at Spokane, Washington, this day of , 19570 BOARD OF COUNTY COMMISSIONERS OF SPOI{ANE COUNTY, WASHINGTON ATTEP~: ~ . _ ~x.~ Clerk o t oard By ~2. CC~~~~~7~- J " Deputy , TO SPOKANE COUN'TY, WASHINGTON . Re: FRANCHISE No. 57.42 GRANTED BY SPOKANE .COUNTY, WASHINGTON, TO YELLOWSTONE PIPE LINE COMPANY. The Grantee hereinabove referred to, for itself, and for its successors and assigns, does hereby accept all of the ter~ and conditions of the foregoing franchise on this day of G%'--~~L-.;:•' 1957. YELLOWSTONE PIPE LINE COMPANY ' ~ ' % by • . ~ ~ ; r i ' I . J . . , , ' - • / f' . r .r . .•A. 1:.W:).iY.f:•. .t . . .t • ' d • M Mw ~ ~R' y ~ . • . . . September 15, 1953 ' ~ ~ ~ TH3~_rFFORE BF IT 1tESOLVED By 'Aoard.of County Commissioners of Spoke 'ounty, Washington, that the F' G~oun£'~j Ftoad Engineer, be and he he_ is directed to make an examination and . _ ;vey and report upon the proposed road as surveyed, prepare right af way deed along the line of the proposed road and upon the receipt of the same, properly executed to 'set a date for hearing, upon the said report and, cause notice thereof to be published and posted ~ as required by law. PASSED AND ADOPTED By the. Board of County Commissioners of Spokane County, Washington this 15th day of September, 1953. BOARD OF COUMTY COMMISSIONERS ' OF SPOKANE COUNTY, WASHIlVGTON test: Frank J. Glover Garl W. Rudolf • Clerk of the Board T. T. Grant By L. Friedland, Deputy H. A. Raymond BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPQKANE COUNTY, WASHINGTON ' No. 53-213 . In the Matter of Courty Road Project No. 244 1953 ~ Resolution Awarding Contract West Bradshaw Stockpile Project Spokane County, Wn) WHEREAS, in pursuance o£ a resolution passed and adopted by the Board of County Commissioners of Spokane County on the 28th day of August, 1953 the. following bids were received by the Board of County Commissioners on the l lth day of September, 1953: D. A. Sullivan, Spokane, Washington . $17,520.00 Materne Brothers, Spokane, Washington 188500.00 F. R. Hewitt Co, , Spokane, Washingtoa 20, 150. 00 ' and the same being duly considered and examined by the Board and taken under advisement, and . WHEREAS, the bid of D. A. Sullivan was accepted and ordered to be placed on file whereupon a contract bearing the date of September 11, 1953 in the amount of Seventeen Thousand Five Hundred Twenty and No/100 ($17, 520. 00) Dollars was then and there executed by the Board and the said D. A. Sullivari, and the said D. A. Sullivan having filed his bond as required by law, THEREFORE BE IT RESOLVED By the Board of County Gommissioners of Spokane County, Washington that the award of the contract to D. A. Sullivan be and the same hereby is con£irmed and that the executed contract and bond to be and the same hereby are approved. BE IT FURTHER RESOLVED that funds approved for expenditure by this Board by Resolution No. 53-203 on the 28th day of August, 1953 remain as the obligation against the County Road Fund for the operatian of this project, the same being in the following detail: , Items of Work Cout# y Road Fund, Commr's Dist. No. 2, Construction acct. Total Contract Construction. $18,600. 00 $18,600. 00 Construction Engineering and Contingencies 1,400.00 . 1,400.00 Total $20, 000. 00 $20, 000, 00 PASSED AND ADOPTED By the Board of County Commissioners of Spokane County, Washington this 15th day of eptember, 1953. BOARD OF GOUNTY COMMISSIONFRS OF SPOKANE COUNTY, WASHINGTON Attest: Frank J. Glover Carl W. Rudolf . Clerk of the Board T. T. Grant By L. Friedland, Deputy H. A. Raymond Na . BE BOARD OF_ COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON In the Matter of a Franchise Granted to the Resolution . Yell ~ . - _ 4 of COUNTY COMMISSIONERS OF SPOKANE COUNTY, STATE OF WASHINGTON, granting unto YELL0IWSTONE PIPE LINE COMPANY, a coxporation organized under and by virtue of the laws.of the State of Delaware and doing business in the State of Washington, its successors and assigns, for the construction, , maintenance and operation of a.pipe line across a road and .highway in Spoka.ne County. . WHEREAS, Yellowstone Pipe Line Company, a corporation organized under and by virtue of the laws of the State of Washington, has applied for franchise for itself, its successors and assigas, for a period of-fifty (50) years, to lay, . coastruct, reconstruct, replace, renew, repaii',' operate and maintain an eight=inch (8") steel welded pipe line and appurtenances thereof, for the transportation of oil, petroleum, gas, gasoline, water and other substnaces of any thereof, with the right of ingress and egress from and to the same, acros.s and under a certain highway and xoad in Spokane County, as hereinafter described: NOW, THEREFORE, IT IS HEREBY ORDERED that there be and is hereby granted to the applicant. YELLOWSTONE PIPE LINE COMPANY, a corporation organized under and by virtue of the laws of the State of Delaware, hereinafter designated as "Grantee", its successors and assigns, for the term of fifty (50) years, subject to the limitations and all conditions herein mentioned and subject to all the conditions prescribed by the statutes of the State of Washington in such cases made and provided, the right, privilege and franchise authority to lay, construct, reconstruct, replace, renew, repair, operate and maintain an eight-inch (81') steel welded oil pipe line and appurtenances thereof, for the transportation therby of oil, petroleum, gas, gasoline, water and other substances or any.thereof, across and uader the following highway and public road in Spokane County and at the followiag location to-wit: • ' _.ArThe south side of Mission Avenue from the Northwest corner of the Ye1lo.wstone Pipe Line Company's Terminal site west to the overpass on Fancher Way, a distance of approximately four hundred twenty-five feet (4251), ' The west side of Dearborn Street from. its intersection with Fairview to intersectioa with Frederick Street, a distance of approximately 300 feet, and the right to occupy and use a right of way feet wide in the exercise of such franchise, with the right of ingress and egress from and to the same. THIS FRANCHISL IS GTVFN SUBJECT TO THE FOLLOWING SPECIFIC CONDZTIONS IN addition to any and all con- ditions now imposed upon said grantee by the statutes of the State of Washii,gtoin, to-wit: First: The constrtzction, the material used therein, and the.mode and method of operation and maintenance of said ~ pipe line shall meet all o# the requirements, conditions and provisions of any and all statutes of the State of Washington ~ now in force or that may hereafter be enacted, and all rules and regulations now in existence promulgated by any of , the public bodies of the State of Washington or the County of Spokane having jurisdiction in the premises. Second: The said pipe line and all appurtenances or equipment of any nature, kind or description u,sed in cannection therewith shall be so located as aot ot.obstruct the use of said highway and- shall meet with the approval of the County Erigineer of Spokane County. The Grantee shall leave said highway, after placing said pipe line or appur.tenances thexeof or after the repair or reconstruction thereof, in as good and safe condition in all respects as the same was in before the commencement of ' . such work and, in case the Grantee causes any damage to said highway or road, said Grantee agrees to at once repair ~ said damage at its own cost and expense, and the Board of County Commissioners of SpDkane County may at any time do or order to be done any work considered by itnecessary to restore to a safe condition any part of said highway or ~ road left by the Grantee in a condition dangerous to life or property, and the Grantee, upon demand, shall pay to the . County'of Spokane all costs of said.work so ordered by the Board of County Commissioners. Tl,;Yrt! All wnrk sn (if1TP l,.r the Grantee shall be carried on in such a manner as to cause the least interference with ,eptemoer ; .-7.,~ Th ,~=grat~ting of any of the p=ivilege~ ~in described shall not preclude the Col -f Spokane from conducting A any necessary.work on or contiguou,% . aid road and highway. Fourth:. All work in the construction of said pipe line and in the repair or maintenance of the same or any of the equipment or appurtenances used in connection therewith shall be under the supervision of and subject to the approval of the County Engineer of Spolcane County, Fifth: The Gxantee herein, upon written notice from the Board of County Commissioners, shall at any time during the life of this franchise, at its own expense and cost, adopt and use such approved methods and devices ; shall be generally adopted and used for the protection of life and property and as said Board may require. . xth: The Grantee does hereby agree, for itself. its successors and assigns, to protect and save harmless e County of Spokane from any and all claims, actions or damages of any kind, nature or description which may accrue to or be claimed by any person or, persons, corporations or other parties by reason of the occup- . ation, faulty construcfiion or negligent maintenance of said pipe line or the, appurteaances in connection there - with across said highway; and, in case suit or action is brought against Spokane County for damages arising out of or by reason. of any of the above mentioned causes, the Grantee, its successors and assigns, will, upon notice to it or them of the commencement of such action, defend the same at its or their cost and expense and, in case judgment shall be rendered against said County of Spokane in such suit or action, the Grantee, its successors and assigns, or either of them, tivill fully satisfy said judgment within ninety (90) days after such suit or action shail have finally been terminated, if terminated adversely to said Spokane County. PROVIDED, ' that tlie Grantee herein, its successors or assigns, shall have the right to employ its own counsel. in any such. action and to have the exclusive management of the defense of the same. Seventh: . All of the provisions, conditions and requirements herein contained shall be binding upon the Grant- ee herein, its successors aad assigns, the same as if they were specifically mentioned wherever the Grantee is mentioned, and all rights and pr.ivileges herein granted shallinure to such successors and assigns equally as if they were specifically mentioned wherever the Gxantee is mentioned. Eighth: This franchise shall not be deemed or held to be an exclusive franchise, and it shall in no manner prohibit the County of Spokane from granting any further or other franchise or franchises of any nature, kind, character or description which the Board of County Commissioners of said_ County may deem proper. The facilities of the Grantee shall be removed at the expense.of the Grantee, its successors or assigns, to another location on said road or highway in the event that said county road is to be constructed, altered or . improved or shall become a primary state highway, and such removal is reasonably necessary for the cons- truction, alteration or improvement thereof. Ninth: . The Grantee shall, within thirty (30) days after the granting of this franchise, sign its written. acceptance of the same, the rights and privileges herein conferred, and the approval of the obligations and terms herein imposed, and, in case of failure so to do, this grant shall become null and void and of no force oreffect whatever, DONE IN REGULAR SESSION in the Office of the Board of County Commissioners at Spokane, Washington, this 15th day of September, 1953. BOARD OF COUNTY COMMISSIONERS OF SP.OKANF COUNTY, WASHINGTON ,ttest: Carl W. Rudolf 'rank J. Glover T. T. Grant Glerk of the Board H. A. Raymond By L. Friedland, Deputy No. 53-215 . BEFORE TI-iE BOARD OF COUNTY COMMISSIONERS OF SPOKANF COUNTY, WASHINGTON In the Matter of Appropriation For the Superior ) Prelimiaary Resolution Court Dept. of Spokane County, Washington ) WHEREAS; sufficient funds have not been appropriated for the Superior Court Department in Spokane County, Washington, and WHEREAS, Chapter 265, Laws of 1953 provided for an increase of Gourt Reporters salaries which became eff- ective June 11, 1953 and which will require an additional $2000. 00 during the rest of the year of 1953, and r WHEREAS, unanticipated business requires the additional sum of $1000. 00 for extra bailiffs salaries and also • ' salaries for Judges Pro tem and also the sum of $10743. 00 maintenance and operation expenses during the rest of the year of 1953, and . - WHEREAS, in the opinion of the Board of County Commissioners an emergency exists. J; NOW, THEREFORE BE IT RESOLVED by unanimous vote of the Board of County Commissioners of Spokane County X. Washington, that the sum of $13743. 00 be appropriated from the county current expense reserve and credited to the Superior Court Dept. budget account in accordance with the following: $2000. 00 Salaries for Court Reporters . 1000. 00 Salaries for extra help . 10743. 00 Maintenance and Operation . $13743: 00. Total appropriation BE IT FURTHER RE SOLVED that Tuesday, October 6, 1953, at ten o'clock A. M. of said day in the office of the Board of County Commissioners in the Spokane County Courthouse, be, and the same hereby is fixed as the time and place any taxpayer may appear and be heard for or against the appropriation of the money set for.th and con- tained in the above resolution. . BE IT FURTHER RESOLVED that a copy of said resolution and this notice be published in the Inland Empixe News. ADOPTED by unanimous vote of the Board, this 15th day of September. 1953. BOARD OF COIINTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Attest: Frank J. Glover Carl W. Rudolf Clerk of the Board T. T. Grant By L. Friedland, Deputy H. A. Raymond Resignation: ~ Chas. T. Goodsell, Justice of the Peace, Gourt No. 3, tendered his resignation to the Board of County Com- missioners to become effective October 1, 1953. As all members of the Board will attend the Good Roads Meeting at Aberdeen, Washington, on Friday, September - 18, 1953, the regular special session date, it was moved, seconded and carried that the next special session be hetd on Tuesday, September 22, 1953. The following hearings, scheduled for 5eptember 18, 1953, were therefore postponed until Tuesday, September 22, Establishment of Gage St. and Third Ave. - Eng. File No.218Z Establishment of Union Road - File No. 2187 Establishment of Ella Road, Elton Rd, and Shannon Ave. File No. 2I88 Establishment of Oberlin Road - File No. 2189 L-1351.,b2 - Shexwin Williams. = 71;01. 87. ; Rudd Paint and Varnish - 1740. UO - 2016. 00 - z176. 00 - 1711:4. 00. • r > ~ ~ Bi d r~- ferre d lo Purc hasing Agen t & y Engiaeer for c hec k an d repor t. ? NO, 54-42 ` ~ BEFORE THE BOARD. OF COUNTY GOMMISSIONERS OF SPOKANE COUNTY, WASFiINGTON ; In the Matter of Appropriation for the Veteran's ) F i n a 1 R e s o 1 u t i o n Aid Bureau of Spokaae Couaty, Washington . ) THE ABOVE ENTITLED MATTER coming on regutarly for hearing on the resolution of the Board (No, 54-29) passed ' the 5th day of February,. 1954, and it appearing to the Board that due notice of such hearing has been given in the . .nner and for the time provided by law; no person appearing or objecting; and the Board being fully advised in the :mises, , NOW THEREFORE BE IT RESOLVED, that the appropriation provided for in said resolution of February 5th, 1954, be, and the same hereby is made in the amount and for the puxposes set forth and contained in said resolation, namely $772. 04 to• pay for just and legal obligations of the Veteran's Aid Bureau of Spokane County, Washington for the year of 1953. BF IT FURTHER RESOLVED that the amount so appropriated be credited to the maintenance and operation budget of the Veteran's Aid Bureau. PASSED BY THE BOARD this 23rd day of February, 1954. BOARD OF COUNTY COMMLSSIONERS OF SPOKANE GOUNTY, WASHINGTON Attest: H. A. Raymond, Franlc J. Glover T. T. Grant Clerk of the Board Garl W. Rudolf By L. Friedland, Deputy . ~EMCE E BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON In the Matter of a Franchise Granted to the ) R e s o 1 u t i o n C ~2~CocA~ ~ grante y e Soard of COUNTY COMMISSIONERS OF SPOKANF COUNTY, STATE OF WASHINGTON, granting unto CONTINENTAL OIL COMPANY, a corporation organized under and by virtue of the laws of the State of Delaware and doing business in the State of Washington, its successora and assigns, for the construction, maint- enance and operation of an industrial spur traclc and appurtenances. WHEREAS,. Continental Oil Company, a corporation organized under and by virtue of the laws of the State of Delaware and authorized to do business in the State of Washington, has applied for a franchise for itself, its successors and assigns, for a periof of fifty (50) years* , to lay, construct, reconstruct, replace, renew, repair, operate and main- tain an industrial spur track and appurtenances thereof, for the transportation of oil, petroleum, gas, gasoline, water and other substances or any thereof, across a certain highway and road in Spokane County, as hereinafter. described: ~ NOW, THEREFORE, IT IS HEREBY ORDERED that there be and is hereby granted to the applicant, CONTIlVENTAL )IL COMPANY, a corparation organized under and by virtue of the laws of the State of De laware, hereinafter !esignated as "Grantee", its successors and assigns, for the term of fifty (50) years.. subject to the Iimitations and all conditions herein mentioned and subject to all the conditions prescribed by the statutes of the State of Washington in such cases made and provided, the right, privilege and franchise authority to lay, construct, recohstruct, replace, renew, repair, operate and maintain an industrial spur track and appurtenances thereof, for the transportation thereby of oil, petroleum, gas, gasoline, water and other substances or any thereof, across the fallpwing highway and public road in Spokane County and at the following location to-wit: A right of way 10 feet in width crossing Mission Avenue at right angles, the east line of which is the west line of Thierman Road extended, as shown on the attached plat. and the rightto occupy and use the right of way 10 feet wide in the exercise of such franchise. T HIS FRANCHISE IS GIVEN SUBJECT TO THE FOLLOWING SPECIFIC CONDITIONS IN ADDITION TO ANY AND ALL CONDITIONS NOW IMPOSED UPON SAID GRANTEE BY THE STATUTES OF THE STATE OF WASHINGTON, to -wit: . FIRST: The construction, the material used therein, and the mode and method of operation and maintenance of said industrial spur track shall meet all of the requirements, conditions and provisions of any and all statutes of the State of Washington now in force or that may hereafter be enacted, and all rules and regulations now in existence promulgated by any of the public bodies of the State of Washington or the Gounty of Spokane having jurisdiction in the premises. . ! SECOND: The said industrial spur track and all appurtenances or equipment of any nature, kind or description used ie connection therewith shall be. so located as not to obstruct the use. of said highway and shall meet with the approval ' . of the County Engineer of Spokane Gouaty. The grantee sha11 leave said highway, after placing said industrial spur tTack, or appurtenances thereof or after the iepair or reconstruction thereof, in as good and safe condition in all respects as the same was in before the,commence- ment of such work.and, in case the Grantee causes any damage to said highway or road, said Grantee agrees to at once repair said damage at its owa cost and expense, and the Board of County Commissioners of Spokane County may at any time do or order to be done any work considered by it necessary to restore to a safe condition any part of said highway or road left by the Grantee in a condition dangerous to life or property, and the Grantee, upon demand, shali pay to the County of Spokane all costs of said work so ordered by the Board of County Commissioners. THIRD: All work so done by the Grantee shall be carried on in such a manner as to cause the least interference with the work of the County, and shatl be at the sole cost and expense of said Grantee. ' The gxanting of any of the privileges herein described shall not preclude the County of Spokane from conducting any necessary work on or contiguous to said road and highway. FOURTH: All work in the construction of said industrial spur track and in the repair or maintenance of the same or, . . any of the repair or maintenance of the same or any of the squipment or appurtenances used in connection therewith shall be under the supervision of and subject to the approval of the County Engineer of the said SpokSne County. ~ FIFTH: The Grantee herein, upon written notice from the Board of County Commissioners, shall at any time duriag the life of this franchise, at its own cost and expense, adopt and use such approved methods and devices as shall be generally adopfied and used for the protection of Iife and property and as said Board may require. ` - SIXTH: The Gxantee.does liereby agree, for itself, its successors and assigas, to protect and save harmless the County of Spokane from •any and all claims, actions or damages of any kand, aature or descxiption which may accrue to or be claimed by any person or-persons, corporations or other parties by reason of the occupation,- faulty con- struction or negligent maintenance of said industrial spur track or the appurteaances in connection therewith across said highway; and, in case suit or action is brought against Spokane County for damages arising out of or by reason of any of the above mentioned causes, the Grantee, its successors and assigna, will, upon notice to it or them of the , commencement of such action, defend the same at its or their cost and expense, and in case judgment shall be ren- dered against said County of Spokane in such suit or action, the Grantee, its successors and assigns, or either of ; them, will fully satisfy said judgment within ninety '(90) days after such suit or action shall have finally been termin- ated, if terminated adversely to said Spokane County. PROVIDED, that the Grantee hereia, its successors or assigns, shall have the right to employ its own counsel in . any such action and to have the exclusive management of the defense of the same. i : . R . February L3, 1954 ment;oned, 4gind all rights and privil. herein granted shatl inure to such succe •s and assigns equally as if they were specifically mentioned wl. ever the Grantee is mentioned. , EIGHTH: This franchise shall not be deemed or held to be an exclusive franchise, and it shall in no manner j prohibit the County of Spokane from granting any further or other franchise or franchises of any nature, kind; character or description which the Board of County Coxnmissic+ners of said County may deem proper. The facilities of the Grantee shall be removed at the expense of the Grantee, its successors or assigns, to - ither location on said road or highway in the event that said counYy road is to be constructed, a'ltered or im- ' )ved or shall become a primary state highway, and such removal is reasonably necessary for the construc- 1, aiteration or improvemeat thereof. NINTH: Thc Grantee sha1T, within thirty (30) days after the grantinb of this franchise, sign its written accept- ance of the same, the rights and privileges herein conferred, and the approval of the obligations and terms herein imposed, and, in case of failure so to do, this grant shall become null and. void and of no force or . , effect whatever. DONE IN RE'GULAR SESSION in the office of the Board of County Commissioners at Spokane , Washington, this 23rd day of Febxuary; 1954. BOARD OF COUNTY GOMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Attest: H. A. Raymond Frank J. Glover T. T. Grant Clerk of the Board Carl W. Rudolf By L. Friedland, Deputy BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON No. 54-44 In the Matter of Vercler Road in Baumann's Sub-division ~ ' County Engineer :s Road File No. 2174. Spokane County, ) Washington ) This being the day set for the postponed hearing on the County Fngineer's Report on the proposed establishment of Vercler Road in the plat of Baumann's Sub-division initiated by County Commissioner!s Resolution No. 54-21 dated the 26th day of Jsnuary, 1954 and it appearing to the Board on proof duly made that Notice of the Hearing was published and posted in the manner and for the time required by latv, and the Board after examining the report and maps of the County Road Engineer and all claims and papers on file and after hearing all other evi- dence adduced at the hearing, and • IT FURTHER APPEARING that Vercler Road has already been dedicated as a public street 50 feet wide by the filing of the plat of Baumann's Sub-division and that the said road is-a public necessity and the same should be opened and established as a county road, THEREFORE BE IT RESOLVED By the Board of County Commissioners of Spokane County, Washington that Vercler Road in the plat of Baumann's Sub-division as reported by the County Road Engineer on the 26th day of -inuary, 1954 hereinafter described to-wit: . eginning in Fourth Aveaue at its junction with Vercler Road in the plat of Baumann's Sub-division .in the SW 1/4 ..i the NW 1/4 of Section 22, T. 25 N. , R. 44 E. W. M. and running thence south along Vercler R,oad as the same. is laid out in the aforesaid plat to Sixth Avenue, as shown by the records and maps on fite in the office of the County Fngineer of Spokane County be and the same hereby is established as a county road and the same shall be known as Vercler. Road No. 2174. The. right of way of the road as hereby established shall be 50 feet wide. The road supervisor of the road district in which the . said road is located is hereby directed to open and maintain the same fox public use and travel. PA SSED AND ADOPTED By the Board of County Commissioners of Spokane County, Washington this.Z3rd day of. February, 195,~, ~ J BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Attest: H. A. Raymond Frank J. Glover T. T. Grant Clerk of the Board Carl W. Rudolf By L. Friedlat►d, Deputy. , B E F O R E THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON No. 54-45. - . In the Mat*.er of Ely Road Vista Gardens Sub-Di`r- ) R e s o 1 u t i o n " ision County Engineer's Road Fite No. 2211 ) Spokane County, Washington ) This being the day set for the postponed hearing on the County Fngineer's Report on the proposed establishment of Ely Road in the plat of Vista Gardens Sub-division petitioned for by Louis W. Price and others and it appearing to the Board on proof duly made that Notice of the Hearing was published and posted in the manner and for the time r equired by law, and the Board after examining the report and maps of.the County Road Engineer. and all claims an3 papers on file and after hearing all other evidence -adduced at the hearing, and J IT FURTHER APPEARING that Ely Road has already been dedicated as a public street 50 feet wide by the filing of the plat of Vista Ga,rdens Sub-division and that the said road is a public necessity and the same should be opened and establ:shed as a counfiy road, THFREFORE BE IT RESOLVED By the Board of County Commissioners of Spokane County, Washington that EIy Road in the plat of Vista Gardens Sub-division as reported by the County Road Engineer on the 26th day of January, 1954 hereinafter described to-wit: All of Ely Road in the plat of Vista Gardens Sub-division in the SW. 1/4 of the SW 1/4 of Section 7, T. 25 N., R. 44 E. W. M. as sho.vr, by the records and maps on file in the office of the County Engineer of Spokane County be and the same hereby is established as a county road and the same shall be known as Ely Road No. 2212. The right of way of the road as hereby established shall be 50 feet wide. The road supervisor of the road district in which the said road is located is hereby directed to open and maintain the same for public use and travel. • PASSED AND ADOPTED By the Board of County commissioners of Spokane County. Washington this 23rd day of February, 1954. • BOARD OF COUNTY GOMMISSIONERS OF SPOKANE COUNTY, WASHINGTON Attest: Frank J. Glover. H. A. Raymond . Clerk of the Board T. T. Grant By L. Friedland, Deputy Carl W. Rudolf • No. 54-46 BFFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON ~ In the Matter of the Approval of the Final Plat ) R e s o 1 u t i o n of Farr-Mission Subdivision ~ • BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington, that the final-Plat of - - • ^ , • • •L., iu i /7 c T..n^t -%(1o flrti►~~•t+~nitv. in SPr.tion TOwnshiu 25 N: . Range 44, ~