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KITTITAS C )UNTTYPUBLIC WORKS <br />STATE OF WASHINGTON <br />NON-EXCLUSIVE IRRIGATION WATER FRANCHISE <br />TO USE COUNTY ROADS, RIGHTS-OF-WAY AND OTHER <br />COUNTY PROPERTY WITHIN KITTITAS COUNTY <br />Application of ROBERT A. GREGERICH (OR HIS/HER SUCCESSORS), hereafter <br />referred to as "FRANCHISEE" for irrigation water crossing over, along and under county roads, <br />rights-of-way and other county property in Kittitas County, Washington, as hereinafter set forth, <br />having come on regularly for hearing before the County under the provisions of RCW Chapter <br />36.55, and it appearing to the Board that notice of said hearing has been duly given as <br />required by law, and that it is in the public interest to grant the franchise herein granted; <br />WHEREAS, the COUNTY also recognizes that the use of public rights-of-way must be restricted <br />to allow for the construction of amenities necessary to serve the needs for the listed parcels as described <br />at this date as Tax Lot Number 742633, and that the coordination, planning, and management of the <br />COUNTY's rights-of-way is necessary to ensure that the burden of costs for the operations of non - <br />municipal interests are not bome by the citizenry; and <br />WHEREAS, the COUNTY has determined that the development of a comprehensive plan for <br />rights-of-way use and management is the most effective means for managing the current use of rights- <br />of-way and ensuring prudent and appropriate decisions concerning the use of rights-of-way in the future; <br />and <br />WHEREAS, -FRANCHISEE", has determined that it is in their best interests to move forward <br />with the installation of facilities within the public rights-of-way prior to the completion of the <br />comprehensive rights-of-way use and management plan and has agreed to abide by the terms and <br />conditions of such a plan once it has been completed; <br />NOW THEREFORE; IT IS ORDERED: <br />Section 1. Non-exclusive Franchise Granted. The County of Kittitas hereby grants to <br />"FRANCHISEE", subject to the conditions prescribed in this Franchise Agreement, the franchise rights <br />and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and <br />facilities necessary for a irrigation water crossing, within the COUNTY -owned rights-of-way generally <br />described below, and hereinafter referred to as the "franchise area": <br />Such franchise shall not be deemed to be exclusive to "FRANCHISEE", and shall in no way prohibit or <br />limit the COUNTY's ability to grant other franchises, permits, or rights along, over, or under the areas to <br />which this franchise has been granted to "FRANCHISEE"; provided, that such other franchises do not <br />unreasonably interfere with "FRANCHISEE", exercise of franchise rights granted herein as determined by <br />the COUNTY. This franchise shall in no way interfere with existing utilities or in any way limit, prohibit, <br />or prevent, the COUNTY from using the franchise area or affect the COUNTY's jurisdiction over such <br />area in any way. <br />Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the <br />authority to administer and enforce the terms and provisions of this Franchise and may develop such <br />rules, policies, and procedures as he or she deems necessary to cant' out the provisions contained <br />herein. <br />FRAiNCHUSE PAGE I OF 5 <br />